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Decision of 8 December 2005 laying down rules for the marketing of propagating material (Decree-marketing of propagating material)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of Our Minister of Agriculture, Nature and Food Quality of 1 September 2005, TRCJZ/2005/2593, Legal Affairs Committee;
Having regard to the European Directives on the marketing of propagating material of different species and having regard to the provisions of the Articles 19 , 39, first and second members , 40 , 41 , 43 , 85 , and 87, second, third and sixth member, of the Seeds and Plant Law 2005 ;
The Council of State heard (opinion delivered on 14 October 2005, No W11.05.0400/V);
Having regard to the further report of our Minister of Agriculture, Nature and Food Quality of 1 December 2005, no. TRCJZ/2005/3569, Directorate-General for Legal Affairs;
Have found good and understand:
1 In this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Seeds and Plant Law 2005 ;
Assessment body: a legal person governed by private law as intended to Article 19 of the Act ;
c. NAK: the Stichting Nederlandse Algemene Inspection Service for Seeds and seedlings of Agricultural Plant Species;
d. Nakhorticulture: the Stichting Nederlandse General Quality Dienst Horticulture;
Fodder plants: crops referred to in Article 2, first paragraph, point A, of Directive No 66 /401/EEC of the Council of the European Communities of 14 June 1966 on the marketing of fodder plant seed (PbEG L 125);
Cereal seed: crops, referred to in Article 2, point A, of Directive No 66 /402/EEC of the Council of the European Communities of 14 June 1966 on the marketing of cereal seed (PbEG L 125);
g. beets: crops referred to in Article 2, first paragraph, point b, of Directive No 2002 /54/EC of the Council of the European Union of 13 June 2002 on the placing on the market of beet seed (PbEG L 193);
(h) oilseeds and fibre plants: crops referred to in Article 2 (b), first paragraph, of Directive No 2002 /57/EC of the Council of the European Union of 13 June 2002 on the marketing of seed of oil and fibre plants (PbEG L 193);
Fruit plants: crops and hybrids thereof listed in Annex I to Directive No 3/2. 2008 /90/EC;
Ornamentals: crops of which propagating material referred to in Article 2, first paragraph, of Directive No 98 /56/EC -of the Council of the European Union of 20 July 1998 on the marketing of propagating material of ornamental plants (PbEG L 226), with the exception of bulbs, intended for the purpose of which it is intended to be used for the purpose of producing ornamental plants Article 1 (t) of the Agricultural Quality Act 2007 ;
(k) vegetable plants: crops and hybrids thereof listed in Annex II to this Regulation: Directive No 92 /33/EEC to the Council of the European Communities of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (PbEG L 157);
(l) vegetable seeds: crop propagating material as referred to in Article 2 (b), Directive No 2002 /55/EC of the Council of the European Union of 13 June 2002 on the placing on the market of vegetable seed (PbEG L 193);
m. vegetable crops: crops of which vegetable seeds and vegetable plants are produced;
(n) forestry crops: tree species and artificial hybrids thereof, which are important throughout the European Union or in some of them for forestry, and in particular those listed in Annex I to this Regulation. Directive No 1999 /105/EC of the Council of the European Union on the placing on the market of forest reproductive material (PbEG 2000 L 11);
o. horticultural crops: fruit plants, vegetable crops and ornamental plants;
(p) agricultural crops: beets, fodder plants, oil and fibre plants, seed potatoes and cereal seed;
q. Directive 2008 /90/EC: Directive 2008 /90/EC of the Council of the European Union of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (PbEU L 267);
-seed of agricultural seed: seed of agricultural plant species;
Agricultural land: land on which agricultural crops are grown or can be grown immediately.
2 An amendment to the relevant trade directive shall apply to the application of this Decision as from the day on which the relevant amending Directive has to be implemented.
The following shall be designated as assessment bodies:
a. NAK, responsible for the inspection of agricultural crops, the issuing of supporting documents or registration documents and the approval or registration of suppliers of agricultural plant crops;
(b) horticulture, responsible for the assessment of horticultural crops and forest crops, the issuing of supporting documents or the registration of plants and the recognition or registration of horticultural and forestry suppliers.
The placing on the market of propagating material of agricultural plant species, horticultural crops and forestry plants shall be permitted only if the rules on marketing and quality of propagating material laid down by the Ministerial Regulation are fulfilled.
1 The in Article 3 such rules on the marketing of propagating material may, inter alia, include:
(a) the condition that only the categories of propagating material which are to be indicated by those rules are placed on the market;
(b) the condition that the categories of propagation material to be notified by those rules are placed on the market only by the holder of the plant variety right of the variety concerned, or, if the variety does not exist for the variety, by the the variety of conservation holders registered with the Council;
(c) the condition that propagating material of agricultural plant, forestry and vegetable species is marketed only if it comes from a variety or an uprising which has been admitted and entered in the register of varieties, or be included in a common catalogue of varieties adopted on the basis of the European Commission;
d. the condition that propagating material of fruit plants is marketed only if it comes from a variety which is protected by plant variety rights, which has been admitted or that has been authorised under Article 7 (2) (c) of Directive 2008 /90/EC is considered to be of general public knowledge;
(e) the period within which propagating material of agricultural plant may be placed on the market after the completion of the entry and entry in the register;
f. the recognition or registration of suppliers as intended Article 42 of the Act ;
g. the execution of the examination of the conservation of a variety;
h. conditions for the marketing of propagating material of a variety which is no longer maintained;
(i) placing on the market for export, outside the territory of the European Union, of propagating material of varieties and stands which do not comply with the conditions laid down in this Decision or pursuant to this Decision.
2 The rules governing the recognition or registration of suppliers as referred to in point (e) of paragraph 1 may include, inter alia:
(a) the technical establishment and administration of the holding and the technical management of the holding;
b. the production process, production methods and storage;
c. the documentation relating to the production process, storage or delivery;
d. the provisions for monitoring compliance with the provisions of this Decision as regards recognition or registration.
3 The rules referred to in paragraphs 1 and 2 may vary according to crop in accordance with the relevant trade directives.
1 The in Article 3 such rules on the quality of the propagation material may include, inter alia:
a. the varietal authenticity, the health, the growth force, the moisture content, the dimensions and the purity of the propagating material;
b. sorting, classification, certification, care, packaging, handling and marking or labelling of the propagating material, in so far as they are related to the subjects referred to in subparagraph (a);
the method of inspection of the propagating material;
2 The method of inspection of the propagation material referred to in point (c) of paragraph 1 shall cover, inter alia, the conditions under which suppliers and laboratories may be approved by the inspection bodies for the purpose of carrying out the tests, Ministerial arrangements to be used for certification activities.
3 The rules referred to in paragraphs 1 and 2 may vary according to crop in accordance with the relevant trade directives.
1 Propagating Material which has been tested on the basis of an inspection to satisfy the requirements of or pursuant to this Decision as to the quality and marketing of propagating material shall be provided with a supporting document or plate. A piece of proof or plate shall be affixed to the material or to its packaging, or to the material.
2 A ministerial arrangement may lay down rules on the form and content of the supporting documents referred to in the first paragraph.
3 By Ministerial Regulations, rules relating to the issuing, affixing, manufacture, holding and stock of documents, and the delivery and use of supporting documents and of the marking, and of stamps, stamps and other means of affixing machinery for the manufacture or presentation of such supporting documents and marking.
4 The rules referred to in paragraphs 2 and 3 may vary according to crop in accordance with the relevant trade directives.
A ministerial arrangement may lay down rules on the authorisation referred to in Article 3 (4) of Directive 2008 /90/EC.
1 The cultivation of agricultural crops, horticultural crops and forestry plants shall be authorized only if the rules on cultivation laid down by the Ministerial Regulations are fulfilled.
2 The rules referred to in paragraph 1 may relate to:
(a) the use, storage and processing of seed of agricultural products not approved in accordance with the rules laid down in those rules;
(b) the provision of agricultural seed data to our Minister;
(c) the processing of agricultural land in order to prevent the contamination of seed;
d. The prevention of economic damage by the coexistence of genetically modified crops and non-genetically modified crops.
The following Decisions shall be repealed:
a. Call decision N.A.K. ;
ed. Decision on propagating material agricultural plant propagating material ;
This Decision is referred to as: Decision of marketing reproductive material.
This Decision shall enter into force on a date to be determined by Royal Decree.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 8 December 2005
Beatrix
The Minister of Agriculture, Nature and Food Quality,
C. P. Veerman
Issued the 20th of December 2005The Minister of Justice,
J. P. H. Donner
