Seed And Planting Material Act 2005

Original Language Title: Zaaizaad- en plantgoedwet 2005

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Law of 19 February 2005, establishing a new system for admitting varieties, the marketing of propagating material and the granting of plant breeders ' rights (seed and planting material Act 2005) we Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All who read this will see or hear, greetings! do: So We have considered, the desirability of a new scheme for allowing plant varieties, the marketing of propagating material and the granting of plant breeders ' rights, bearing in mind the established in Paris on 2 december 1961 International Convention for the protection of new varieties of plants (Trb. 1962, 117), as this last is revised by Act of 19 March 1991 (Trb. 1992 , 52), as well as having regard to various European directives on the marketing of propagating material of different types of crops;
So it is, that we heard, the Council of State, and with agreement of the States-General of the Netherlands, as we find good goedgevonden and have understood and understand this: Chapter 1. Definitions Article 1 In this Act and the provisions based thereupon, the following definitions shall apply: (a) Our Minister: our Minister of Economic Affairs;
b. the Council: the Council for plant varieties, mentioned in article 2;
c. breed: plant grouping within a single botanical taxon of the lowest known rank, which group, regardless of whether full compliance with conditions established by this law lays down, for the grant of a plant variety right can be – defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,-distinguished from any other plant grouping on the basis of the expression of at least one of those properties , and considered as a unit, having regard to its suitability to be increased to unchanged;
d. the breed registry: the registry, Dutch varieties referred to in article 25;
e. revolt: demarcated, which is compound concerns sufficiently uniform population of trees;
f. propagating material: plants and parts of plants, which are intended for the cultivation of crops or in addition to serve or be used to this end;
g. placing on the market: business holding available or in stock, displaying or offering for sale, selling, possessing for the purposes of sale, as well as making available to third parties whether or not for consideration, supply or transfer;
h. maintainer: the person who ensures that an accepted breed is maintained;
i. supplier: any natural or legal person who, other than for use in the own business, professionally propagating material increases, produces, stores, processed, import or market;
j. grower: the one that a race by own labour has bred or discovered and developed the variety, or his successor in title has;
k. Union: Union for the protection of new varieties of plants, formed by the States party to the Paris established on 2 december 1961 International Convention for the protection of new varieties of plants (Trb. 1962, 117), as this last is revised by Act of 19 March 1991 (Trb. 1992, 52);
l. Union State: State that is a member of the Union;
m. commerce directive or regulation: directive or regulation, of the Council of the European Union or of the European Parliament and of the Council of the European Union joint consisting of or is based on articles 37, 95, 152 or 52, 175 of the EC Treaty, related to the vegetable sector and rules on economic activities in that sector, the interests of customers , the internal market, the quality, the production with a view to marketing, and to the marketing of propagating material, the environment, health, technical requirements or providing information;
n. delegated directive, regulation or decision: directive, regulation or decision by the European Commission based on a commerce directive or regulation.
Chapter 2. Plant variety article 2 Council there is a Board for plant varieties, which has the task of: (a) the register of breeds and rebellions in the breed register in accordance with Chapter 4 of this Act;
b. enabling breeds and rebellions in accordance with Chapter 5 of this Act;
c. the granting of plant breeders ' rights in accordance with Chapter 7 of this Act;
(d) pursuant to article 26 establish and publish national lists of authorised varieties and rebellions, and e. admitting and enrolling in the register of plant groups referred to in article 85.

Article 2a On the plant variety is the framework law Council independent administrative authorities shall apply.

Article 3 1 the Council shall consist of not less than seven and not more than eleven members, including the President. The appointment takes place on the basis of expertise in the field of the tasks that the Council is in charge.
2 the Council may appoint one or more Deputy Chairmen from among its members.
3 be a Secretary to the Council and one or more Deputy Secretaries are appointed by the Minister, which added.
4 to the Council is in support of his work a work desk connected, at the head of which the Secretary has referred to in the third paragraph.
5 by order in Council may be one or more departments of the Council.

Article 4 1 the appointment of the President and the other members will take place for a period of five years.
2 The persons referred to in the first paragraph are immediately eligible for reappointment after their resignation. They may at most be reappointed twice.
3 the one who is appointed to replace an interim open cases, resigns at the time when the person in whose place he is appointed, should resign.

Article 5 the President and the other members, the Secretary and the Deputy Secretaries do not participate in handling cases, in which they are personally involved in any respect.

Article 6 1 the cost of the Council shall be borne by the State budget.
2 the Minister shall establish rates for: a. the consideration of requests for registration and entries in the register;
b. handling of requests for the admission of breeds and rebellions;
c. in consideration of applications for plant variety right;
d. performing the technical examination which is necessary for applications referred to in part (b) and (c);
e. the provision of transcripts and extracts from the register;
f. each year of the duration of a race or rebellion in connection with the admission or in connection with the granting of plant breeders ' rights in the breed registry is registered;
g. providing advice as referred to in article 58, paragraph 4, and h. handling applications for the admission of plant groups referred to in article 85.
3 the rates referred to in the second paragraph: a. have a direct link with the activities referred to in the second paragraph, parts (a) to (h), b. amount to no more than is needed to cover the costs that are attributable to that distinct activities, and c. be per crop or by category of crops on which the activities of the Council related , separately.
4 a ministerial order are detailed rules regarding the imposition and collection of the tariffs, and with regard to the periodic adjusting the rates to developments in wages and prices.
5 failing payment within the time limit laid down by the Council, the Council may recover the amount due to injunction. Articles 4:114 to 4:124 of the General Administrative Law Act shall apply mutatis mutandis.
6 the Council does not take any pieces in treatment and does not provide any copies and extracts from the register, as long as the amount due under this article are met.

Article 7 1 the Council may hear witnesses and experts related to the admission of breeds and rebellions and the granting of plant breeders ' rights.
2 every one that is called as a witness, is obliged to respond to this call.
3 articles 191 and 203, paragraphs 2 and 3, of the code of civil procedure regarding of the witness shall apply mutatis mutandis.
4 the Council may order that witnesses, who although not appearing properly called, be brought by the public power.
5 articles 199, 197 to 203 and 205 of the code of civil procedure with regard to witnesses shall apply mutatis mutandis.
6 the experts are required to carry out their task impartially and to the best of my knowledge.

Article 8 1 The Council shall adopt a bestuursreglement, which in any case is settled: a. the working methods of the Council and the Division of tasks between the members;
b. the convocation of applicants, the applicants and other interested parties and of witnesses and experts;
c. to grant financial compensation to witnesses and experts.
2 the Council may, by the bestuursreglement referred to in the first paragraph the representation in and out of court to one or more members of the Council or to the Secretary. The Council may provide that such representation relates only to certain matters.
(3) the Council may, by the rules referred to in the first paragraph to designate in the exercise of functions and powers to one or more members or to the Secretary.

Article 9 [expired per 01-01-2010] article 10 [expired per 01-01-2010] article 11 [expired per 01-01-2010] article 12 [expired per 01-01-2010] article 13 [expired per 01-01-2010] article 14 [expired per 01-01-2010] article 15 [expired per 01-01-2010] article 16 [expired per 01-01-2010] article 17 [expired per 01-01-2010] article 18

[Expired per 01-01-2010]


Chapter 3. Inspection bodies In Article 19 1 order in Council are one or more legal persons governed by private law with full legal authority responsible for the inspection of propagating material and the presentation of evidence or for the purposes of the proofs by or pursuant to Chapter 6 of this law.
2 The approval referred to in the first paragraph aims to fix or propagating material complies with the rules laid down under Chapter 6 of this law, in particular by means of research of the reproductive material or the origin of which, by means of sampling and through running tests.
3 at a measure referred to in the first paragraph, a designated inspection pursuant to that member institution also be entrusted with the approval or registration of suppliers, referred to in article 42.

Article 20 1 A designated inspection under article 19 setting is not working with the aim of profit.
2 the inspection institution shall adopt a set of regulations which regulated the manner in which the inspection is carried out and the way in which the presentation of supporting documents and proofs takes place. The rules shall require the approval of our Minister. The approval may be withheld due to conflict with the law or on the ground that the rules of procedure, in the opinion of the Minister a good duties performed by the approval setting can obstruct.

Article 21 1 as far as the cost of a test setting related to the statutory duties referred to in article 19, they are covered by the approval from the institution and to charge rates for: a. the granting of the authorisation referred to in article 39, paragraph 6;
b. carrying out the inspection referred to in article 40;
c. the presentation of supporting documents and proofs referred to in article 41;
d. an application for recognition or registration of suppliers, referred to in article 42, or of an application for renewal or modification thereof;
e. the maintenance of a recognition or registration as referred to in part d and f. providing information referred to in article 64.
2 the rates referred to in paragraph 1: a. have a direct connection with the activities referred to in that paragraph, b. amount to no more than is needed to cover the costs that are attributable to that distinct activities, and c. be per crop or by category of crops on which the activities of the inspection setting cover, separately.
3 a ministerial order are detailed rules regarding the imposition and collection of the tariffs, and with regard to the periodic adjusting the rates to developments in wages and prices.
4 failing payment within the time limit fixed by the test setting the approval setting can recover the amount due to injunction. Articles 4:114 to 4:124 of the General Administrative Law Act shall apply mutatis mutandis.
5 the inspection institution as referred to in the first paragraph shall not offer or provide any activities or cease this, if not the amount due under this article are met.

Article 22 1 amendments to the statutes of a designated institution under article 19 require inspection before they are in force, the approval of our Minister. Our Minister shall ensure the publication of the statutes in the Government Gazette.
2 the appointment and dismissal of the President of a test setting requires the prior approval of our Minister.

Article 23 the inspection institution holds a separate accounts in respect of the duties assigned to it by or under this law and resulting work immediately and which tasks and activities separately in its financial statements.

Article 24 On a test setting referred to in this chapter is the framework law independent administrative authorities shall apply.
Chapter 4. The breed registry Article 25 1 There is a Dutch breed registry which is intended for the registration of varieties and rebellions. The register is public.
2 be registered In the breed registry: a. breeds and rebellions, which have been admitted pursuant to Chapter 5 of this law;
b. varieties, for which under Chapter 7 of this law plant variety right has been granted;
c. plant groups referred to in article 85.
3 The registration is made by the Council, by specifying the distinctive description adopted by the Council and, as far as the varieties, the name adopted by the Council.
4 The registered name is classed as specific name.
5 under or pursuant to order in Council be rules on the establishment of the breed register and the data associated with the registration of varieties, rebellions and plant groups, referred to in paragraph 2, be indicated. The information referred to in the first sentence concerning at least: a. a mention of the performed technical research for the admission of a race or a rebellion, or the granting of plant breeders ' rights, referred to in article 35, paragraph 1, parts a, b and c, article 49, paragraph 7;
b. to the extent that the allowed varieties for which a maintainer is appropriate: a mention of the maintainer or protect holders;
c. as far as the rebellions subject: a mention of the owner or Manager and the Habitat of the rebellion.

Article 26 1 for the implementation of binding decisions of the Council of the European Union, of the European Parliament and of the Council of the European Union or of the European Commission, the Council shall, in the Netherlands a national lists of crop allowed breeds and revolts, on the basis of the data contained in the register.
2 the establishment of a national list as referred to in paragraph 1 shall be notified in the Official Gazette.

Article 27 1 The name referred to in article 25, paragraph 3, is suitable for the race for which it is used, to identify.
2 the name differs in particular: a. as far as a race for which plant variety right has been granted: by any designation which only Union State in an already existing variety of the same or of a related identifies crop;
b. as far as the other races subject: by any name which in any Member State of the European Union or of another State which is a party to the agreement on the European economic area an already existing variety of the same or a related crop.
3 the name is not contrary to public policy or to accepted principles of morality.
4 the name is the same as the name that already in some Union-State, or in any Member State or any other State which is a party to the agreement on the European economic area, for the breed is registered, provided that this country is suitable for use here.
5 no name shall be set in such a way that with a trade name or trademark, that their use may give rise to confusion as to the nature or origin of goods.
6 a ministerial order, pursuant to a binding decision of the Council of the European Union, of the European Parliament and of the Council or of the Commission detailed rules of the denomination. In setting rules referred to in the first sentence shall also take into account the recommendations adopted by the Council of the European Union with regard to the designation of varieties for which plant variety right has been granted.

Article 28 1 Before a designation, the Council of the intention to do so notice in the Government Gazette.
(2) an interested party may for eight weeks after the communication referred to in the first paragraph reservations to the Council in accordance with article 27, paragraph 5, against the name insertion.
3 the Council shall adopt before they no name on the reservations referred to in the second.
4 the Office referred to in article 1 of the Patent Act 1995 provided to the Council, at its request, information on registered trade marks with him.

Article 29 1 At the application for grant of plant variety right and the application for the admission of a variety, the applicant shall submit a proposal for the name of the breed.
2 the applicant may also suffice with a provisional name. In that case he is obliged at a time determined by the Council a proposal for a final name.
3 the proposal for the designation shall be accompanied by a certificate to the effect that the applicant, where the proposed denomination is registered, a waiver of the rights, which him in any Union-State, respectively in any Member State of the European Union or other State which is a party to the agreement on the European economic area, with respect to this name for equal or similar were to forward were allowed.
4 the Council moved to the proposed designation or name referred to in article 27, paragraph 4, unless the Council considers that article 27 opposes. In this case, the Council the applicant the opportunity to propose another denomination.
5 the Council provided, on request, to the Agency, referred to in article 1 of the Patent Act 1995 and the Office of the Union information on registered names to him.

Article 30 1 if the use of a registered name on propagating material of the variety, for which it is registered, on the basis of a denomination attributable to another with regard to this law a judicial decision is prohibited, the Council at the request of the most diligent party by the registered name and writes a provisional name in, in consultation with the one who has an interest in the admission of one variety or the holder of the plant variety right.

2 The Council shall adopt a modified name, after the one who has an interest in the admission of one variety or the holder of the plant variety right the opportunity to submit within a period to be determined in another name and writes the changed name. Article 28 shall apply mutatis mutandis.
3 if it transpires that a race not under the registered name may be included on a by the European Commission for the crop, to which the variety belongs, common catalogue of varieties, the Council may, on a request by the holder of the plant variety right, or of the person who has requested the admission of a breed, a registered denomination by pick and a provisional name register. The second paragraph shall apply mutatis mutandis.

Article 31 1 the Council may adopt a provisional characteristic description and registration.
2 the Council may supplement description referred to in the first paragraph and writes this supplement in: a. at the request of the applicant;
b. on its own initiative, if this is related to the description of a different breed is necessary, in which case the one who has an interest in the admission of a race or the holder of the plant variety right is heard, or for other reasons, but then only in accordance with the aforementioned persons.

Without prejudice to article 32 article 3:41 of the General Administrative Law Act, the decisions of the Board under this chapter disclosed to the interested party referred to in article 28, the one that under articles 30 and 31 has an interest in the admission of a variety referred to in articles 30 and 31 and holder of the plant variety right.

Article 33 of the in this chapter and chapters 5 and 7 applications and requests referred to and of the withdrawal and rejection of applications and requests is recorded in the breed register and notified in the Official Gazette.

Article 34 The in this chapter and chapters 5 and 7 inscriptions and annotations referred to under decisions, against which the appeal is open, come to pass, as soon as the job is decide whether the appeal period has expired, without that job is set up, or as soon as the job is done by a written notification to this effect to the Council.
Chapter 5. Admission of breeds and rebellions Article 35 1 under or pursuant to order in Council be rules on the admission of breeds and rebellions, which per crop may be different. These rules may in any event include: a. the requirement on the basis of a technical examination determines whether a race distinct, uniform and stable;
b. the claim that on the basis of a technical examination determines whether a variety is sufficiently the value for cultivation and use;
c. the requirement on the basis of a technical examination determines whether a rebellion for forestry purposes meets by the measure referred to in the introductory wording to be laid down for the production of at that point to measure categories of propagating material;
d. the characteristics to the parts a, b and c referred to in the technical research extends as well as the requirements for this research and e. detailed requirements for the admission as well as the conditions and cases where the admission by the Council is amended or repealed.
2 a variety shall be regarded as distinct if it is clearly distinguishable from any other variety whose existence on the date of filing of the application is well known. A variety shall be considered if the breed to be a matter of common knowledge at the time of the application for authorization of a race is submitted to judge, either because of the European Commission on a common list of varieties, whether admitted or to be the subject of an application for authorisation in a Member State of the European Union.
3 a variety shall be regarded as homogeneous, subject to the variation that may be expected from the particular features that are peculiar to the propagation of it, enough uniform is what are relevant properties.
4 a variety shall be regarded as resistant if its relevant characteristics remain unchanged after consecutive increases or, in the case of a special breeding cycle, at the end of every cycle.
5 A breed possesses sufficient value for cultivation and use when compared to other varieties accepted shall in Netherlands by the whole of its capacities, at least for the production in a certain area, a clear improvement either for cultivation or the valorisation of the harvest or of the products. A lower level of certain properties can be compensated by other beneficial properties.
6 in the first paragraph, subparagraph (a), (b) and (c) technical research is carried out under the responsibility of the Council. By or under the measure referred to in the first paragraph rules may be asked about the cases in which and the conditions under which the Council for the purposes of the technical examination of a variety can make use of already existing research reports with respect to that race or of the results of investigations carried out by the applicant and in the cultivation gained practical experiences.

Article 36 1 the Council shall decide on the admission of a race or upon request of a rebellion.
2 the application for the authorization of a race shall contain the following information: a. a proposal for the name of the race, referred to in article 29;
b. a description of the variety and the characteristic c. an accurate description of the properties, making the breed distinguishes itself from other varieties of the same crop.
3 A for the technical research referred to in article 35, paragraph 1, parts a and b, sufficient amount of material of the variety, covered by the application, at the request of the Council and by the Council in accordance with further requirements made available to the Council.
4 the application for the admission of a rebellion contains an entry of the owner or administrator of the rebellion, a mention of the location of the rebellion and a distinctive description of the rebellion.

Article 37 1 a permitted variety or an accepted rebellion, is registered in the breed registry, which simultaneously with the registration of the variety or of the rebellion, notation is made of the authorisation and of the designated pursuant to article 39, paragraph 3, maintainer or protection of the holders or owner or Manager of the rebellion.
2 the admission as date and start working the day immediately following the day on which the registration referred to in the previous paragraph and note in the breed register are done.
3. the Council shall ensure that an accepted breed, which doesn't clear itself apart from: a. a race that formerly in Netherlands or another Member State was allowed, or b. a different breed that is assessed for distinctness, uniformity and stability according to rules that match the rules laid down on the basis of article 35 without, however, a widely known variety referred to in article 35 , second paragraph, the name of the breed.
4 the previous paragraph does not apply if the name referred to in that paragraph is misleading or confusing can work for what the variety, or if other facts prevent its use, or if a right of a third party the free use of this name for the variety in question.

Article 38 1 the admission of one variety or rebellion shall lapse as of right, once six months have passed since the fee referred to in article 6, paragraph 2, part f, has become due, without that payment has taken place. Of this void is recorded in the register.
2 If within fourteen days of the due date is not paid is the one, which according to the varieties registry maintainer of the variety, or the person asking for the admission of a rebellion by the Council, by registered letter to his obligation to pay.
Chapter 6. The marketing of propagating material by or under Article 39 1 order in Council in respect of crops at that measure to designate rules on the marketing of propagating material of varieties or crops belonging to those rebellions. These rules may include: a. the condition that only propagating material is marketed, if it comes from a breed that or a rebellion who is admitted and is registered in the register, or because of the European Commission was recorded on a common list of varieties or rebellions;
b. the condition that only certain categories of propagating material are placed on the market;
c. the condition that certain categories of propagation material be marketed only by the holder of the plant variety right of the race, or, if no plant variety right for the breed exists, by the conservation of the breed to the Council registered holders.
2 by the measure referred to in paragraph 1 may also be made rules about: a. monitoring the conservation and the marketing of propagating material of a variety that is no longer maintained;
b. the marketing for export outside the territory of the European Union of propagating material of varieties and rebellions not complying with the conditions laid down in point (a) of the first paragraph.

3 the registration of holders referred to in paragraph 1, part c, shall be made by the Council on the indication of the approval setting. If this is necessary for kweektechnische reasons, the Council one maintainer. The latter is required under conditions to be laid down for that purpose by the Council to others, who have made themselves so wishes, for the production of propagating material suitable material.
4 in respect of crops, on which binding decision of the Council of the European Union, of the European Parliament and of the Council or of the Commission made rules on the placing on the market, which, under the agreement on the European economic area apply to the whole territory of the European economic area, are the first Member (a), and paragraph 2, part b, shall apply mutatis mutandis to the territory of the European economic area.
5 by way of derogation from the rules laid down pursuant to paragraph 1 is it allowed small amounts of the placing on the market of propagating material for scientific purposes or selection work.
6 by way of derogation from the rules laid down under the first paragraph can authorise an inspection setting on request, either to propagating material for a certain time in the market, either for the placing on the market of appropriate quantities of propagating material for research and testing purposes or for the conservation of genetic diversity, as far as propagating material of a variety or rebellion for which in at least one Member State of the European Union an application for authorization has been submitted.
7 the conditions under which the authorisations referred to in paragraph 6 may be given as well as the quantities referred to in that paragraph be a ministerial order.

Article 40 1 it is forbidden to market propagating material not on the basis of an inspection which it has been established that it complies with the rules laid down pursuant to order in Council on the quality of the propagating material.
2 The rules referred to in the first paragraph may include: a. the varietal authenticity, the health, vigour, the dimensions and the purity of the propagating material;
b. the sorting, classification, the care, the packaging, the transhipment and the indication whether the usage of labelling of propagating material, as far as related to the subjects mentioned in paragraph (a);
c. the technical set-up and administration of the company as well as the technical operation and d. the method of verification of the material.

Article 41 1 if, during or pursuant to an order in Council referred to in article 40 of the rules of reproductive material, approval can be determined as supporting documents and auspicious signs intended solely to authorized by or on behalf of the to propagating material or packaging, or in the propagating material to be joined.
2 under or pursuant to a measure referred to in article 40 may also rules on the presentation, manufacture, available and in stock, as well as the delivery and use of supporting documents and proofs and plates, stamps, and other utensils to making or putting that supporting documents and proofs.

Article 42 1 The vendor is prohibited by the Minister designated propagating material of crops on the market without appropriate approval or registration by a test setting.
2 A recognition or registration is valid only for a period specified in the said acts with regard to propagating material of these crops.
3 to a recognition or registration by the approval setting conditions or regulations. A recognition or registration may be issued or take place under restrictions.
4 the first paragraph shall not apply to suppliers only to persons not professionally engaged in the production of crops or the marketing of propagating material.

Article 43 1 A recognition or registration as referred to in article 42 shall be made available upon request, if granted, are respectively the under or pursuant to order in Council requirements.
2 The requirements referred to in paragraph 1 may relate, inter alia, to: (a) the technical equipment of the company;
b. the production process and the storage;
c. documentation of the production process, the storage or the episode and d. provisions for the monitoring or the Customs verification of compliance with the provisions in or under this law.

Article 44 a ministerial order are rules regarding the filing of an application for recognition or registration or renewal or modification thereof and the method of treatment. This may be determined, among other things: a. what information and documents be submitted before a pending request is taken;
b. the period within which after amendment to the information referred to in paragraph (a) a change of recognition or registration is requested.

Article 45 A recognition or registration as referred to in article 42 may be suspended, revoked, withdrawn by the approval setting or deleted, if: a. the acts for which recognition is granted or registration has taken place, no more to be done, or b. no longer meets the requirements referred to in article 43 are met, after the holder of the approval or the registration has been given a reasonable period of time to adapt.

Article 46 1 without prejudice to the right to a trade name and a trademark is propagating material of a pursuant to the provisions in or under this law in the breed registry registered breed exclusively under the registered name on the market.
(2) if in any country for a remote access another denomination is prescribed than the country registered denomination here, is propagating material of that variety only to that country run under the name prescribed therein.
3 by way of derogation from the first paragraph, propagating material of a registered breed running under a common name in the importing country: a. to non-Union States, as far as a race for which plant variety right has been granted, or b. to States other than one of the Member States of the European Union or of another State which is a party to the agreement on the European economic area , as far as a race for which no plant variety right has been granted.
4 The registered name or a similar word is not used for other propagating material of the same or a related crop.

Article 47 1 the inspection institution shall ensure that propagating material, that does not comply with the rules laid down by or pursuant to this chapter, is withdrawn from the market. Obliged to do so in writing to the approval setting the offender within a period to be determined by its unsound propagating material from the market, store or destroy.
(2) If an offender is not within the period referred to in the first paragraph, measures referred to in that paragraph, the institution at the expense of the offender itself such measures.
3 the institution of the offender can at injunction the debt collection costs payable under paragraph 2. Articles 4:114 to 4:124 of the General Administrative Law Act shall apply mutatis mutandis.

Article 48 1 Our Minister may grant a derogation from the provisions or exemption by or pursuant to this chapter.
2 exemptions and waivers are granted only: a. to the market with sufficient propagation material of crops whose cultivation is important, or (b). for the purpose of carrying out temporary experiments.
3 To exemptions and derogations conditions and limitations can be connected.
Chapter 6a. Cultivation Article 48a 1 under or pursuant to order in Council rules may be asked about the cultivation of crops.
2 the rules referred to in paragraph 1, may include: a. the use of propagating material, including the ban on certain types of propagating material to use or conditions;
b. the use of agricultural land, including conditions to the use of those grounds, in order to avoid the contamination of seed;
c. administrative obligations associated with the parts referred to in a and b, including the obligation to submit reports.

Article 48b 1 our Minister may grant a derogation from the provisions under Article 48a, second paragraph, part b, for the purpose of research to the outcrossing of genetically modified organisms or the mixing of genetically modified organisms with organisms that are not genetically modified.
2 they may include conditions and restrictions To be connected.
Chapter 7. Plant variety right paragraph 1. The claim to grant of plant variety rights Article 49 1 plant variety right may be granted to the plant Kingdom for varieties of all crops, as far as the breed is concerned that new, distinct, uniform and stable.
2 a variety shall be considered new if, at the time of filing of the application for grant of plant variety rights not propagating or harvested material of the variety has been sold or otherwise made available to third parties, by or with the consent of the breeder, with a view to the exploitation of the variety, for a period: a. in Netherlands: no longer ago than a year prior to the date referred to in the chapeau;

b. outside Netherlands: either no longer ago than four years or, in the case of trees or vines, no longer ago than six years prior to the date referred to in the chapeau.
3 for the purposes of the second paragraph is the fact, that material of a variety already to others in testing is provided, not to the breeder of that race or his successor in title valid against.
4 a variety shall be regarded as distinct if it is clearly distinguishable from any other variety whose existence on the date of filing of the application is well known. In any case, be considered to be a matter of common knowledge in any country varieties for which an application for grant of plant variety right or for the registration of that race has been submitted in an official register, starting from the date of the application, provided that the application for grant of plant variety right leads or led or entry in the register.
5 a variety shall be regarded as homogeneous article 35, paragraph 3 are met.
6 a variety shall be regarded as resistant if compliance with article 35, paragraph 4.
7 to determine if a remote access meets the in the fourth to the sixth member conditions referred to, is under the responsibility of the Council carried out a technical examination. The characteristics to the research extends and the requirements to be met by the research, a ministerial order. Rules can be asked about the cases in which and the conditions under which the Council for the purposes of the technical examination of a variety can make use of already existing research reports with respect to that race or of the results of investigations carried out by the applicant and in the cultivation gained practical experiences.

Article 50 1 The claim for grant of plant variety rights comes exclusively to the grower.
2 If the Netherlands remote access outside either by a natural person, which do not have the Dutch nationality, either by a legal person without seat in Netherlands, is bred, or discovered and developed, has equal claim on granting of plant breeders ' rights as far as Netherlands under an international agreement is required to grant plant breeders ' rights.
3 If a race outside Netherlands is bred, or discovered and developed, while the obligation referred to in the second paragraph does not exist, can be granted for the breed plant variety right, in the case of a variety for which both in the country where the variety is grown as in Netherlands plant variety rights can be granted.

If the breeder article 51 1 a race has bred or discovered and developed in the framework of an employment relationship or under a contract for the provision of services for the benefit of another, other than against wage, which employment or agreement, that the breeder breeding or development work done on the crop , to which the variety belongs, the claim on granting of plant breeders ' rights by way of derogation from article 50 to the employer or the principal or the successor in title of the employer or client.
2 In the case referred to In the first paragraph, the grower has claim to a compensation in equity, unless such a fee can be understood to be already considered in the by the grower enjoyed salary or in the benefits enjoyed by this.
3 each circumstances in which derogation of paragraph 2, shall be null and void.

Article 52 if two or more persons, other than in the circumstances referred to in article 53, in cooperation a new breed have bred or discovered and developed, they have joint claim on granting of plant breeders ' rights.

Pursuant to article 52 article 53 If two or more persons claim to independently grant of plant variety rights for the same new variety could make, the claim to grant of plant variety rights to the person who first submitted a request to this end.

Article 54 1 A grower who in another Union State in accordance with the provisions in force has submitted an application for grant of plant variety rights, enjoy a view to the granting of plant breeders ' rights in Netherlands for the same variety a right of priority, provided that: (a) within 12 months after the submission of the application in the relevant Union-State, not counting the day of the application, a provisional application is submitted in Netherlands where a writing job is done on the right of priority;
b. within three months of the date of the provisional application by the competent authority of the relevant Union a state certified copy of documents filed therein is presented; and c. within two years after expiration of the time limit referred to in (a) a complete application referred to in article 55 shall be submitted.
2 The priority means that notwithstanding the extent of articles 49 to 53, in accordance with the second paragraph on a, part c, in Netherlands submitted application does not affect what in the time between the filing of the application in the other country and provisional application, and in particular not the submission of a request by another or the marketing of propagating material of the variety.

Paragraph 2. The grant of plant variety rights Article 55 1 The application for grant of plant variety rights shall be submitted to the Council.
2 The application shall contain: a. a proposal for the name of the race, in accordance with the rules laid down in Chapter 4;
b. a distinctive description of the variety; and c. an accurate description of the properties, making the breed distinguishes itself from other varieties of the same crop.
3 A for the investigation referred to in article 49, seventh heading, sufficient amount of material of the variety, covered by the application, at the request of the Council and by the Council in accordance with further requirements made available to the Council.
4 If an applicant no domicile or seat in the territory of the European Union, this required to choose at an agent, with an address for service in Netherlands which choice for the purposes of this Act is deemed to remain in force until the Council is notified in writing of the amendment to the chosen accommodation.

Article 56 1 the Council decides on an application for grant of plant variety rights and shall, in accordance with Chapter 4 the characteristic description and the name of the breed.
2 at registration of the breed in the breed register is recorded simultaneously by the grant of the breeder's right.
3 the plant variety right obtain date and start working the day immediately following the day on which the registration referred to in the previous paragraph and note in the breed registry is done.

Paragraph 3. The rights and obligations of the holder of a plant variety right Article 57 1 the holder of a plant variety right on a race has the exclusive right to produce or propagating material of that variety to increase further, for the benefit of the increase to deal with, in the market, to perform, to enter, for one of these purposes in stock as well as this acts to do do.
2 it is to persons other than the holder of the plant variety right prohibited to perform the acts referred to in the first paragraph. This prohibition shall not apply where by or under this Act or by the holder of the plant variety right has been granted permission to do so.
3 the ban does not apply to: a. acts in private and not commercial;
b. actions that are undertaken only for the purpose of scientific research;
c. acts performed for growing other varieties.
4 the exclusive right shall also apply to acts related to harvested material of the variety, plants and parts of plants including, that is obtained by use of propagating material for which is not authorized, unless the holder of the plant variety right are reasonably law in relation to the propagating material had.
5 the exclusive right shall also apply to acts in relation to products that are directly manufactured using harvested material of the variety for which is not authorized, unless the holder of the plant variety right are reasonably law in relation to the harvested material had.

Article 58 1 referred to in article 57, first paragraph, The exclusive right shall also apply to the acts referred to in that paragraph in respect of material of: a. races, which are derived from article 57, paragraph 1, referred to in the protected variety, unless the protected variety itself is derived from another variety;
b. varieties that pursuant to article 49, fourth paragraph, not clearly distinguishable from the protected variety;
c. varieties for the production use of the protected variety every time.
2 for the purposes of paragraph 1, part a, is a race considered to be derived from another variety if the first breed: a. is predominantly derived from the initial variety, or from a variety that is itself predominantly derived from the initial variety, b. on the basis of article 49, fourth paragraph, clearly distinguishable from the initial variety , and c. corresponds to the initial variety in terms of the expression of the essential characteristics that results from the genotype or combination of genotypes of the initial variety, with the exception of defects arising from the Act of derivation.
3, part a, the first paragraph shall not apply to varieties whose existence on the date of entry into force of the implementing law UPOV 1991 was well known. Article 49, paragraph 3, shall apply mutatis mutandis.

4 the Council can advise on whether a pointing to remote access to the application is derived from a variety for which plant variety right has been granted by the Council.
5 The opinion referred to in the fourth paragraph of the Council contains the grounds on which it rests.

Article 59 1 At order in Council may be provided that in respect of a race, belonging to that order in Council designate crops, in article 57, paragraph 1, exclusive right referred to does not apply to the use for breeding purposes within the own company of a grower of by those growers harvested material from that race or a variety referred to in article 58 , first paragraph, subparagraph (a) or (b). 2 to the use of harvested material for breeding purposes within the own company, referred to in the first paragraph under or pursuant to the order in Council restrictions or conditions, which may relate, inter alia, to increase the maximum amount of harvested material, by the producer to the holder of the plant variety right and supporting documents and information to be provided to the holder of a plant variety right accruing fees.

Article 60 in article 57, paragraph 1, referred to The exclusive right shall not apply to acts with material of the protected variety or a variety referred to in article 58, paragraph 1, that by or with the consent of the holder of the plant variety right, in the Netherlands or in one of the Member States of the European Union or in another State which is a party to the agreement on the European economic area was put into circulation or that of such material is derived, with the exception of acts: a. that a further increase in the race, to which the component belongs, contents;
b. that output, other than for consumption purposes, of the material containing a country, where for varieties of the crop, to which the variety belongs, no protection is open that is similar to the protection afforded on the basis of the provisions of this law can be obtained.

Article 61 1 the holder of a plant variety right is required to grant the licenses that are necessary in the public interest.
2 The obligation referred to in the previous paragraph in, that the holder of the plant variety right for the exercise of the license provides necessary material for a reasonable fee.
3 the holder of a plant variety right is required for a patent holder to grant a licence for a reasonable fee, if the proprietor of a patent for a biotechnological invention cannot exploit it without infringing the plant breeders ' rights of earlier date and the biotechnological invention constitutes significant technical progress of considerable economic interest compared with the protected variety represents.
4 If the holder of a plant variety right are licensed on the basis of article 57, paragraph 5, of the Patent Act 1995, is the holder of the plant variety right obligated to the patent holder, at his request, to provide a cross-licence on reasonable terms to use the protected variety.

Article 62 1 If the holder of the plant variety right are obligations referred to in article 61, fails to perform, the license granted by the Council at the request of the person concerned.
2 before deciding, the Council parties the opportunity within a period to be determined by him still to reach agreement.
3 in the absence of agreement, the Council, after hearing the parties. In the decision, the scope of the license, the amount of the holder of the plant variety right fee, as well as to provide the quantity of propagating material and the appropriate fee. The Council may, by the decision to the holder of the license security within a specified period of time.
4 after the license has been granted by the Council and to the obligation to provide security, if it is imposed, is met, the license in the register. The license works first after that tender, also in front of them, which after registration of the request referred to in the first paragraph have obtained rights to plant breeders ' rights.

Article 63 1 by a license is obtained the acts described therein, which, pursuant to article 57, paragraph 1, to persons other than the holder of the plant variety right not at liberty.
2 in the absence of other provisions is subject to a license for the entire duration of the plant variety right and it covers all acts required by this law to the consent of the holder of the plant variety right subject.
3 granted a license, other than under articles 61 and 62, on request of the licensee in the breed register. She is valid vis-à-vis third parties after such registration.

Article 64 A setting as well as a verification under article 19 designated under article 8 of the Agricultural Quality Act designated control setting, in so far as such by or under that law is in charge of the inspection of propagating material, it provides, on request, to the holder of a plant variety right in force in relation to the Netherlands by the approval or setting control setting, approved propagating material, a list of the persons or undertakings which propagating material of the variety , for which the plant variety right has been granted, have spawned and, as far as possible, of the quantities which they have produced.

Paragraph 4. Plant breeders ' rights as part of the power Article 65 1 a plant variety right and grant of plant variety right are a claim to, both in terms of full right as for a share in it, prone to transfer or other transition.
2 the supply required for the transfer of a plant variety right or the right, arising out of an application for grant of plant variety rights, shall be expressed in deed.
3 any reservation concerning the transfer is defined in the Act; failing that, the transfer for unlimited.
4 the transfer works towards third parties first, when the deed is registered in the register.
5 to do provide this registration by the Council, both parties are equally competent.

Article 66 1 If a plant variety right to accrue more persons jointly, their relationship opposite each other and vis-à-vis third parties governed by which between them by agreement is determined, what their relationship vis-à-vis third parties, however, concerns only, as far as this can be seen from the breed registry.
(2) if there is no agreement, or, if not otherwise provided in the agreement, every fellow entitled to exercise the power plant breeders ' rights and against acts contrary to act thus carried out, but a license or the consent referred to in articles 57, paragraph 2, and 60, by the persons entitled to be granted only with fellow find commonplace.
3 Every fellow entitled is mandatory, before the alienation of his rights to a third party, this to his fellow owners at a reasonable price for sale.

Article 67 1 lien on a plant variety right is located at a deed and works towards third parties first when the deed is registered in the register.
2 the pledgee is required in a declaration signed by him to submit to the Council, to choose residence in the Hague. If that choice is not done, the headquarters of the Council if elected domicile.
3 terms in the Act in which the lien is located, to grant licenses on after registration, by the time off that they are registered in the register, also vis-à-vis third parties. Terms referred to in the first sentence, concerning fees for licenses, which were already at the time of registration shall benefit vis-à-vis the holder of the license after notice to this at bailiff.
4 acts, which shows, that the Lien has ceased to exist or has become powerless, the breed registry.

Article 68 1 the batter on a plant variety right and the minutes of seizure is registered in the register with analogous application of the provisions of the code of civil procedure concerning enforceable and sequestration of immovable property, it being understood that in the minutes of seizure in place of the nature and location of the real estate an indication of plant breeders ' rights.
2 A alienation, encumbrance, the appointment of an administrator or granting of a licence, came about after registration of the minutes, the attaching party may not be relied upon.
3, before registration of the minutes not yet paid license fees fall partly under a laid on plant breeders ' rights, after the registered attachment to the holder of license is served. These fees are paid to the notary for whom the execution will take place, provided that the service has been notified to the licensee, and subject to the rights of third parties who must respect the execution creditor. What is paid to the notary, to the revenue referred to in article 69, paragraph 2, applies. Articles 475c, 476 and 478 of the code of civil procedure shall apply mutatis mutandis.
4 registration of the minutes of seizure can be deleted automatically: (a) pursuant to a written declaration for entry offered by the bailiff that he commissioned by the attaching party raises the batter or that the batter has expired;
b. pursuant to a court ruling that offered for entry to lifting of the attachment stretches or adopting or the decline of the batter.

5 articles 504a, 538-541, 726 and 727, paragraph 2, of the code of civil procedure in the event of seizure of a plant variety right shall apply mutatis mutandis.

Article 69 1 the sale of a plant variety right by a pledgee or attaching to a story of a claim shall be carried out in public before a competent notary. Articles 508, 509, 513, 514, paragraph 1, paragraphs 2 and 3, 515-519 and 521-529 of the code of civil procedure shall apply mutatis mutandis on the understanding that what there is prescribed in respect of mortgages and mortgage holders applies to the on the plant variety right resting liens and the pledgees.
2 the distribution of proceeds shall be applied mutatis mutandis in articles 551-552 of the code of civil procedure.

Paragraph 5. The enforcement of plant variety rights Article 70 1 the holder of a plant variety right can maintain its right against any person who, without authorization, one of the operations referred to in article 57.
2 the Court may on application by the holder of a plant variety right, intermediaries whose services are used by a third party to infringe on his plant variety right, recommend the services that are used for that encroaching, cease.
3 the interim relief judge may upon application of the holder of a plant variety right temporary continuation of the alleged infringement on allow this right under the condition of security for compensation for the damage suffered by the holder. Under the same conditions, the right continuation of the services provided by the intermediary referred to in the second paragraph.
4 compensation may only be claimed by the person who carried out the acts aware. Aware acting is in each case, if the infringement was committed after the person concerned at bailiff on the battle between the acts and the plant variety right has pointed out.
5 the Court may In appropriate cases the damages as a lump sum.
6 instead of damages can be claimed, that the defendant is sentenced to pay the profit by the infringement and in that regard, account and be accountable; However, if the Court considers that the circumstances of the case do not give rise to such condemnation, the Court will convict the defendant for damages.
7 the holder of a plant variety right can the claims for damages or payment of profits on behalf of or on behalf of the licensees or property holders, without prejudice to the competence of licensees and property holders in an already or not on behalf of them by the holder of the plant variety right to directly claim the damage suffered by them to get reimbursed or a proportionate part of the profits by the defendant to wear. Licensees and property holders can only set up a stand-alone claim and writ as referred to in paragraph 4 to this release, if they do the necessary of the holder of the plant variety right have stipulated.
8 the holder of the plant variety right has the power of movable property with which an infringement on his right is created, or materials and implements principally used in the production of those have to be the forfeiture, destruction or neutralization, thereof. In the assessment of the claim is a tradeoff between the gravity of the infringement and the advanced measures as well as the interests of third parties.
9 the provisions of the code of civil procedure concerning seizure and execution to issue of goods, shall apply. In the event of overlapping with another batter, is the one who has laid under this article for tips.
The measures referred to in paragraph 10 are carried out at the expense of the defendant, unless special reasons prevent this.
11 the Court may on application by the holder of the plant variety right the person infringing right owner what to latter concerning the origin and distribution channels of the goods or services, with which the infringement was committed, to the holder of the plant variety right and all relevant data to this. Under the same conditions, this command be given to a third party who has in his possession infringing goods on a commercial scale or used, which delivers services in the infringement on a commercial scale be used, or by one of these third parties is designated as being involved in the production, manufacture or distribution of the goods or in the provision of these services. This third can change by providing information that would constitute proof of participation in an infringement of an intellectual property right by himself or by the other in article 165, paragraph 3, of the code of civil procedure persons referred to.
12 the Court may on application by the holder of the plant variety right of the person infringing law has made appropriate measures are taken to disseminate information on the pronunciation.

Article 71 1 the holder of a plant variety right can recover a reasonable fee by the one in the period between the application for a plant variety right and the grant of the breeder's right has done acts referred to in article 57 of the variety, for which plant variety right is requested.
2 the fee is only due for acts carried out at the end of thirty days, after the bailiff's writ has been advised of the party under this article to the holder of a plant variety right accruing entitlement.
3 at the bailiff's writ is accompanied by the Council a certified true copy of the documents submitted in respect of the application or of passages from it, as far as they relate only to the characteristics of the breed for which the application is submitted and at the designation of the property where it distinguishes from other races. To this end, the appearance of reckoned without the emergence of the variety or of the genealogical components.
4 the first paragraph shall not apply to acts done by the person who is entitled to do so under an agreement with the person to whom the claim in accordance with article 50 or 51 on granting of plant breeders ' rights.

Section 6. The duration of the plant variety right and the claiming Article 72 the duration of the breeder's right shall be from the date of date of the plant variety right 25 years, with the exception of varieties of crops to be designated by the Minister, for which the duration of the plant variety right 30 years.

Article 73 1 the holder of the plant variety right can do it away.
2 Distance can only be done at a deed, which is registered in the register.
3 The registration shall take place not, as long as there are people, who according to documents registered in that register rights on plant breeders ' rights or have obtained licenses or legal actions concerning plant breeders ' rights, and these persons have given no permission to the distance.
4 the plant variety right shall lapse as of the date of registration of the deed in the breed register.

Article 74 1 a plant variety right shall lapse as of right, once six months have passed since the fee referred to article 6, paragraph 2, part f, has become due, without that payment has taken place. Of this void is recorded in the register.
2 If within fourteen days of the due date is not paid is the one which, according to the register holder of the plant variety right is, by the Council by registered letter to his obligation to pay.
3 If a month after the due date has not yet been paid shall be informed within 14 days written notice to all registered in the register, which according to pieces on the plant variety right or rights have obtained licenses or legal actions concerning plant breeders ' rights.

Article 75 1 A plant variety right shall be destroyed by the Court: a. If it is found, that the variety at the time of granting of plant breeders ' rights was not new;
b. If it appears that the race at the time of granting of plant breeders ' rights was not distinguishable as referred to in article 49, fourth paragraph;
c. If – in the case that the grant of the breeder's right is mainly based on information and documents provided by the grower – shows that at the time of that provision the breed is not homogeneous or not resistant was referred to in article 49, fifth and sixth Member;
d. If the plant variety right has been granted to a person pursuant to the provisions in or under this Act is not entitled, unless the plant variety right is transferred to the person is entitled.
2 the destruction may be revoked at any time by any person interested and be advanced by or on behalf of our Minister.
(3) the summons shall, upon application by the plaintiff in the breed register.
4 destruction of a plant variety right deprives to the plant breeders ' rights and to the rights, which they are derived, all further legal consequences.

Article 76 1 a plant variety right may be claimed in respect of a share in it, as far as it is granted to anyone, that under articles 50, 51 or 52 or not only had no claim.
(2) the summons shall, upon application by the plaintiff in the breed register.
3 the right to requisition comes to him, who, under the aforementioned articles claim or fellow is entitled to the grant of the breeder's right.

4 the right to requisition shall become statute-barred after five years following the date of the plant breeders ' rights.
5 in good faith for the notation referred to in article 77, paragraph 1, obtained licenses remain valid to the new holder of the plant variety right, which entitles the developer on the fee payable for the licenses.

Article 77 1 of the allocation or rejection of a claim for requisition or destruction of a plant variety right shall be recorded in the register.
2 the destruction and assignment of a requisition work back to the date of the note referred to in the first paragraph in the breed register.

Section 7. Plant variety law disputes Article 78 1 in first instance is the Court of the Hague shall have exclusive jurisdiction for claims up to destruction and claiming the plant breeders ' rights referred to in articles 75 and 76.
2 the Court of the Hague and the interim relief judge of that Court in first instance exclusively responsible for: a. claims as referred to in articles 70 and 71;
b. claims, that are set by a person other than the holder of a plant variety right to determine that certain acts carried out do not conflict with a plant breeders ' rights.
3 of the judgments and orders of the Court may be appealed at the Court of appeal in the Hague.

Article 79 1 the expert members, referred to in articles 55a, paragraph 2, and 70, second paragraph, of the law on the judicial system, are appointed by Royal Decree. They are called member or alternate member, in the Court of the Hague or Council, Deputy Council respectively, at the Court of appeal in the Hague, as the case may be.
2 The members and alternate members, the councils and the Deputy guess, be appointed for five years. They are at resign at once again can be named. At their request, they can be dismissed by Royal Decree.
3 to the members and alternate members, recommend and alternate respectively shall recommend dismissal granted by Royal Decree, with effect from the first day of the month following that in which they have reached the age of 70.
4. Article 66, fifth paragraph, of the law on the judiciary shall apply mutatis mutandis with regard to the members and alternate members the councils and the substitute recommended.

Article 80 concerning the members and alternate members, recommend and alternate respectively shall recommend, articles 46 c, 46 d, 46i 46f, with the exception of the first paragraph, strand c, the first and third paragraph, not one for deadlines, 46l 46 m, 46o, 46p of the law legal status and judicial officials shall apply mutatis mutandis, it being understood that for the analogous application of article 46o respectively not one for deadlines. , second paragraph, under functional authority means: directors or president of the Court.

Article 81 the Minister lays down rules on the granting of a fee for travel and accommodation costs and further compensation to the members and alternate members, the councils and the substitute recommended.

Article 82 in the treatment of disputes referred to in article 78 at the hearing may agents of the holder of a plant variety right, without prejudice to the responsibility of the lawyer.

Article 83 of all judicial decisions concerning a plant variety right is referred to by the Registrar within one month free of charge a copy sent to the Council.
Chapter 8. Other provisions article 84 under or pursuant to order in Council further rules are set with regard to: a. applications and requests on the basis of chapters 4 to 7 to the Council;
b. the determination of the time, which in accordance with chapters 4 to 7 requests and requests are supposed to be submitted to the Council and (c) the hearings by the Council.

Article 85 by or pursuant to order in Council may, pursuant to a decision of the Council of the European Union, of the European Parliament and of the Council of the European Union or of the European Commission, rules on the admission of plant groups, which do not comply with the requirements of article 35, and on the marketing of propagating material , submitted by that plant groups.

Article 86 [expired per 01-01-2013] article 87 1 If this Act regulated topics in the importance of proper implementation of the law in need of detailed arrangements, this are in the order in Council.
2 by order in Council directives to implement trade rules can be set.
3 by or pursuant to order in Council can rules to implement a binding agreement between the European Community and a third country or an international organisation that is related to a topic that is covered by a commerce directive or regulation.
4 a ministerial order may, for the proper implementation of the regulations rules.
5 May to implement delegated a ministerial order guidelines and delegated decisions rules.
6 to the rules referred to in the second through the fifth member, may include: a. powers and duties have been assigned to the Minister pursuant to article 19, the Board or a designated inspection institution;
b. requirements from a designated trade regulation which officials appointed by the Minister or persons monitoring or that Our Minister, the Board or a designated inspection institution can apply under article 19 by decisions.

Article 88 [expired per 01-01-2015] article 89 1 ensuring compliance with it by or under this law certain have been charged the officials appointed by decision of the Minister and the persons appointed by decision of the Minister, working with a designated inspection institution under article 19.
2 of a decision as referred to in the first paragraph shall be notified by placement in the Government Gazette.
Chapter 9. Transitional and final provisions article 90 1 If in any civil or criminal proceedings, the decision depends on the definition, as what race a group of plants should be classified, the Council heard. The opinion of the Council contains the grounds on which it rests.
2 the Council handles cases referred to in paragraph 1, priority over all other matters.

Article 91 [Red: modifies the law on economic offences.]

Article 92 [Red: modifies the law on judicial organization.]

Article 93 the Minister is authorised to imposition of a charge under administrative coercion for the purpose of maintaining obligations under or pursuant to this law.

Article 94 1 The at the time of entry into force of this law in the breed registry registered varieties are ranked again by the Council in accordance with the rules laid down by or pursuant to article 25.
2. the Council shall ensure the registration in the register of varieties on the day preceding the date referred to in the first paragraph on the basis of article 82 of the seed and planting material act were permitted.
3. the Council shall ensure that a note in the breed register of the admission of varieties of agricultural plant species, forestry crops, which respectively on the day preceding the date referred to in paragraph 1 were listed on the on the basis of article 73 in conjunction with articles 79 and 83, paragraph 1, of the seed and planting material Act set succeeds on the catalogue of varieties of agricultural plant species, pursuant to article 73, in conjunction with article 79 of the seed and planting material Act established breeds list for forestry crops.
4 at the time of entry into force of this law at the Council for the plant variety rights applications and requests are pending as of that date by operation of law pending before the Council in the State, in which they are at that time, with the understanding that applications, that are related to a variety referred to in article 18, paragraph 1, part b , and paragraph 2, of the seed and planting material act, be considered as a request for the admission of a breed in accordance with Chapter 5 of this law.
5 at the time of entry into force of this law pending requests for designation of groups of plants referred to in article 82 of the seed and planting material act, shall apply from that date by operation of law pending before the Council and from that moment be considered as a request for the admission of a breed in accordance with Chapter 5 of this law.
6 things that at the time of entry into force of this law are pending at the Department of occupation of the Council for the plant breeders ' rights, referred to in article 5, paragraph 1, part d, of the seed and planting material act, by operation of law as of that time pending before the Council and from that moment on be treated as a complaint.
7 things that at the time of entry into force of this law are pending at the Board of appeal, the Commission's appeal concerning inspections, respectively of an inspection institution as indicated in article 88, under 2 °, part e or g, of the seed and planting material act, by operation of law as of that time pending before the relevant designated in accordance with article 19 of this law and test setting and be treated as a notice of appeal from that moment.

8 at the time of entry into force of this Act, submit to the Council for plant breeders ' rights pending requests for destruction and claiming the plant breeders ' rights referred to in articles 54 and 55 of the seed and planting material act, be treated and decided in accordance with the provisions of the seed and planting material act.
9 at the time of entry into force of this law under articles 25, paragraph 2, 60 and 69 of the seed and planting material act before the Gerechtshof's-Gravenhage or the Supreme Court pending cases are handled and decided in accordance with the provisions of the seed and planting material act.

Article 95 The seed and planting material act is repealed.

Article 96 1 this law is cited as: sow seed and planting material act, indicating the date of the Official Gazette in which it will be placed.
2 this law shall enter into force at a time determined by Royal Decree.
Charges and recommend that this in the Official Gazette will be placed and that all ministries, authorities, bodies and officials whom it may concern, to the exact implementation will keep the hand.
February 19, 2005 in the Hague given Beatrix the Minister of agriculture, nature and food quality, c. p.
Veerman Issued the seventh april 2005 the Minister of Justice, j. p. h.
Donner

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