Key Benefits:
Decision of 8 December 2005 laying down rules on the activities and procedures of the Council for plant varieties (Decision of the Council for Plant Variety Varieties)
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/2005/2598, Executive Board of Legal Affairs;
Having regard to Directive No 1999 /105/EC of the Council of the European Union of 22 December 1999 on the placing on the market of forest reproductive material (PbEG L 11), on Directive No 2002 /53/EC of the Council of the European Union of 13 June 2002 on the common catalogue of varieties of agricultural plant species (PbEG L 193) and on 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);
Having regard to the Article 3, fifth paragraph , 25, fifth paragraph , 35, first and sixth member , 59 , 84 , 85 and 87, second, third and sixth member, of the Seeds and Plant Law 2005 ;
The Council of State heard (opinion delivered on 7 October 2005, no. W11.05.0399/V);
Having regard to the further report of our Minister of Agriculture, Nature and Food Quality, of 1 December 2005, No TRCJZ/2005/3477, Directorate-General for Legal Affairs;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, the following definitions shall apply:
a. Act: Seeds and Plant Law 2005 ;
Council: Council: Council for plant varieties referred to in Article 2 of the Act ;
c. Directive 2001 /18/EC : Directive No 2001 /18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Directive No 90 /220/EEC of the Council (PbEG L 106);
ed. Directive 1999 /105/EC : Directive No 1999 /105/EC of the Council of the European Union of 22 December 1999 on the marketing of forest reproductive material (PbEG 2000, L 11);
e. Directive 2008 /90/EC: Directive No 2008 /90/EC of the Council of the European Union of 29 September 2008 on the marketing of propagating material of fruit plants and fruit plants intended for fruit production (PbEU L 267);
f. Regulation (EC) 1829/2003: Regulation (EC) 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (PbEU L 268);
g. hybrid variety: race unlisted after crossing two or more breeds or parent lines having equal genetic factors, as specified in further reference by ministerial arrangement;
h. cereal crops: summer wheat and winter wheat (Triticum aestivum L emend. Fiori and Paol.), summer and winter barley (Hordeum vulgare L.), rye (Secale cereale L.), oats (Avena sativa) and triticale (X Triticosecale Wittm.);
i. Fruit plants: Crops, and hybrids thereof, listed in Annex I to Directive 2008 /90/EC.
1 The Council shall deliberate and decide in the composition of:
a. The Central Section,
(b) The Agricultural Plant Section;
c. The Department of Garden Construction Plants or
d. The Department of Forestry Crops.
2 The Central Division shall be composed of the President and one or more Deputy Presidents of the Council.
3 In the Section of the Agricultural Plant and Horticultural crops section, at least three members are sitting next to the President-in-Office of the Council.
4 In the Section Forest crops section, in addition to the President-in-Office of the Council, at least two members are members of the Board.
5 The President of the Council may next to the Article 7, first paragraph, of the Act invite persons referred to in the Council, in the opinion of the Council, to attend a meeting of a Council branch.
1 The Section of Agricultural Plant and Horticultural Plant and Forestry Crops Division are responsible for the tasks assigned to it. Chapter 4 , 5 and 7 of the Act have been entrusted to the Council with due regard for the division of tasks as laid down in the rules of administration, referred to in Article 8, first paragraph, of the Act .
2 The Central Division shall represent the general and the administrative affairs of the Council.
1 The register of varieties shall be held by the Council.
2 The register of varieties shall consist of:
a. the register of applications and
b. The Register of Registration.
1 In the register of applications referred to in Article 4, second paragraph, part a The following shall be entered in the form of a notice:
a. Applications for admission as referred to in Article 36 of the Act ;
Applications for the grant of a plant variety right as specified in Article 55 of the Act ;
c. Applications for admission as referred to in Article 85 of the Act and
d. the decision of the Council on the application or the withdrawal of the application.
2 In the case of an invitation to tender referred to in paragraph 1, the following shall be marked with a notice of:
(a) the name and address of the applicant or applicants and, where appropriate, the legal successor or legal successors, as well as of the authorised representative, where the latter is designated;
b. Name and address details of the grower of the variety;
c. Name and address details of the variety, if any, of the variety, if it is or are designated;
d. the name of the crop to which the variety or insurrection belongs;
(e) the provisional designation, the proposed name or the designation of the variety;
f. where applicable, the indication that a variety is a genetically modified organism as intended to Directive 2001 /18/EC ;
g. the growth place and the owner or manager of the insurrection;
h. A sequence number;
i. the research institution which is the technical examination, Article 35, first paragraph, of the Act , has carried out and the result of this investigation;
(a) which the Council considers should be appropriate.
1 In the Register of invitation to tender referred to in Article 4, second paragraph, part b The following shall be entered in the form of a notice:
a. Varieties and uprisers Chapter 5 of the Act have been authorised;
b. Varieties for which Chapter 7 of the Act a breeder's right has been granted and
c. Plant groups as referred to in Article 85 of the Act .
2 In addition to the particulars to be recorded in addition to the particulars given in the Article 25, third and fifth paragraph, of the Act , included:
(a) the name and address of the holder of the breeder's right, if the registration is the result of an application for the grant of plant variety rights;
b. where applicable, the indication that a variety is a genetically modified organism as intended to Directive 2001 /18/EC ;
c. the category or categories in which the propagation material may be marketed, in so far as the registration is the result of an authorisation of a variety of the following Article 8, first paragraph , Article 9, first paragraph or 10 first Member , in the case of vegetable crops, agricultural crops or forestry crops or an insurgency to be established,
d. the following Articles 10 and 24 of Directive 1999 /105/EC data to be entered;
e. the submission of a request for the grant of a licence as referred to in Article 62 of the Act and of the revocation of, or decision to, upon that request;
f. which the Council considers should be appropriate.
1 By ministerial rules, rules may be laid down on cases where, and the conditions under which, in the Netherlands, varieties register are recorded, the cultural and utility value aspects of a registered variety are to be recorded.
2 In the composition of a national list as referred to in Article 26, first paragraph, of the Act the information referred to in paragraph 1 may be indicated in conjunction with each other.
3 In the case of ministerial arrangements, detailed rules may be laid down for classification of a national list as referred to in Article 3 (1) of Article 26, first paragraph of the Act .
1 A variety of vegetable crops to be referred to in a ministerial arrangement shall be authorised if the vegetable species
a. According to a technical examination, the requirement, intended to be carried out in accordance with Article 35, first paragraph, part a, of the Act and
(b) be maintained by the person who, by reason of the application for admission, has declared, among other things, the person concerned.
2 In the case of ministerial arrangements, conditions may be laid down for the maintenance referred to in subparagraph (b) of the first paragraph.
3 Under ministerial arrangements, crops whose varieties are accepted are subject to the conditions laid down in paragraph 1 and those varieties satisfy the requirements of the technical examination required by the said Article 35, first paragraph, part b, of the Act .
A ministerial arrangement may lay down rules on the acceptance of varieties of fruit plants to be referred to in that scheme. Those rules may relate to the requirements for the official registration of varieties referred to in Article 7, fourth and fifth paragraph, of Directive 2008 /90/EC.
1 A variety of agricultural crops to be specified under a ministerial arrangement shall be admitted if the
a. According to technical examinations, the requirements of this Regulation are met Article 35, first paragraph, points (a) and (b) of the Act and
(b) be maintained by the person who, by reason of the application for admission, has declared, among other things, the person concerned.
2 By way of derogation from the first paragraph, the requirement shall be: Article 35, first paragraph, part b, of the Act Not applicable for:
a. a variety of a grass crop, the propagation material of which is not intended for the cultivation of forage crops, according to a statement by the applicant;
(b) a variety whose material is intended for marketing in a Member State of the European Union which has authorised that variety on the basis of its culture and use value;
c. A variety exclusively intended for use as a cross-partner for a hybrid variety;
(d) a variety whose material is intended for marketing outside the territory of the European Union, according to a certificate from the applicant.
3 In the case of ministerial arrangements, conditions for the conservation referred to in paragraph 1 (b) may be laid down.
4 In the case of ministerial arrangements, further groups of varieties to which the exception referred to in paragraph 2 shall apply may be determined.
1 An insurrection, a variety of a variety, of forest crops to be pointed out under a ministerial arrangement shall be authorized
a. As an uprising of known origin,
b. as an insurgency for the production of selected propagating material,
c. as an insurrection or race for the production of certified propagating material, or
d. as a revolve of varieties for the production of tested propagating material
if the condition of compliance with or pursuant to Directive 1999 /105/EC requirements for the category concerned, as demonstrated by an inspection, assessment or test, depending on the category concerned.
2 By way of derogation from the first paragraph, an uprising shall be admitted as a "revolve for the production of tested propagating material" on the basis of the preliminary results of the genetic valuation or comparative tests, provided that such provisional results have been taken into account in the The Council considers the assumption that the relevant starting material will meet the requirements of the admission requirements.
3 For each of the categories referred to in paragraph 1, the rules on the admission of uprisers may be laid down by ministerial arrangement.
1 By ministerial arrangement, may Article 85 of the Act further rules on the authorisation of plant groups not subject to the requirements of Article 35 of the Act Compliant.
2 Our Minister may provide that examination, inspection, assessment, or testing shall show that a plant group as referred to in paragraph 1 complies with the detailed rules referred to in that paragraph.
3 The Council shall decide upon application for authorization referred to in the first paragraph.
1 A variety that is or an uprising that is a genetically modified organism as intended Directive 2001 /18/EC , shall be authorised only on the basis of the Articles 8 , 8a , 9 , 10 or 11 if authorised in accordance with the said Directive to place such material on the market.
2 By way of derogation from the first paragraph, varieties from which derived material is intended to be used as food or in foodstuffs for the purposes of which they are derived, shall be Article 3 , whether as feed or in feed within the meaning of Article 15 of Regulation (EC) 1829/2003, only authorised on the basis of the Articles 8 , 8a , 9 or 11 , if the food or feed is authorised pursuant to that Regulation.
3 When admission of material of a variety or an insurrection as referred to in paragraph 1, further requirements may be made by ministerial arrangement to the admission, intended Articles 8 , 9 , 10 or 11 .
4 By ministerial arrangement rules may be laid down regarding cases where and the conditions under which an authorisation as referred to in paragraph 1 is amended or withdrawn.
1 The Council shall ensure the preservation of the dossier on which an authorisation as referred to in the Articles 8 , 9 , 10 or 11 rest.
2 The dossier, referred to in paragraph 1, shall contain all the facts and information resulting from the technical examination.
1 An authorisation under Article 8 , 9 , 10, second paragraph , or 11 shall not be valid until the end of the tenth calendar year following the date of authorisation.
2 The Council renews the admission of a variety, following the Articles 8 , 9 or 11 upon application by a maintainer of that variety, or of its own motion, for a period to be fixed at that time, provided that, in the opinion of the Council, the requirements for admission to and the rules relating to the rules laid down by or pursuant to this Decision are fulfilled; Conservation.
3 The Council shall withdraw an authorisation under the Articles 8 , 9 , 10 or 11 in, in the event that, in its opinion, no longer meets the requirements of the authorisation.
1 In respect of an authorised variety, the Council shall, upon request, designate one or more other conservation-holders, other than those designated in the framework of the authorisation, to be designated by the Council.
2 A request referred to in paragraph 1 shall be rejected if
(a) in the opinion of the Council, it is necessary for technical reasons to restrict the number of conservation holders from one variety to one; or
(b) systematic conservation by the applicant in the opinion of the Council is not sufficiently guaranteed.
3 As regards a variety in respect of which a breeder's right is in force in the Netherlands, a request referred to in paragraph 1 shall be allocated only if the holder of the breeder's right is satisfied by a declaration of such a variety.
4 In order to assess the systematic maintenance of a variety, the Council shall seek information from the institution responsible for carrying out the examination of propagating material of that variety.
1 The technical examination referred to in Article 35, first paragraph, parts a, b and c, of the law The Council shall, on behalf of the Council, carry out a body designated for that purpose by the Council.
2 The Council may allow an examination referred to in paragraph 1 to be carried out by an institution designated by the Council in accordance with the conditions to be laid down by the Council, provided that the results of the study have been carried out in accordance with the conditions laid down by the Council. Board of property is transferred.
3 By ministerial rules, rules may be laid down on cases where, and the conditions under which a research carried out for the benefit of the applicant, and practical experience gained from cultivation, may be placed in the place of a person who has been The body designated by the Council to carry out research.
Ministerial arrangements shall lay down rules on how an investigation as referred to in Article 16 shall be carried out and the characteristics determined per crop for which the research extends.
The Council shall draw up one or more of the protocols relating to the establishment and implementation of the technical examination provided for in this Directive. Article 35, first paragraph, parts (a), (b) and (c) of the Act .
1 If before the date on which an application for admission of a variety may be brought into treatment, a procedure has been brought before another Member State in charge of racial or plant variety rights, on the basis of which a variety will be granted. examined, investigated or investigated in the case of the requirements, specified in Article 35, first paragraph, part a, of the Act , the Council may decide to base the assessment on that examination.
2 A ministerial arrangement shall lay down rules on cases where and the conditions under which the Council may take a decision as referred to in the first paragraph.
1 Where a technical examination is required for the acceptance of a variety, the material intended for the examination shall be made available to the Council within a time limit set by the Council.
2 In special situations, the Council may, at the request of the applicant, extend the period referred to in the first paragraph provided that the applicant provides reliable proof of the existence of the variety in the Council's opinion.
3 If, after the expiry of the period prescribed by the Council, the material for the investigation has not been made available, the application shall be deemed to have been withdrawn.
Technical examination, intended to be carried out in Article 49, seventh paragraph, of the Act , are the Articles 16, first and second members , 18 and 20 applicable mutatis mutandis.
1 The use of harvested material as intended Article 59, first paragraph, of the Act is authorised only in respect of harvested material of cereals and potato crop.
2 Rules governing the conditions under which the use of harvested material referred to in paragraph 1 is authorised shall be laid down by ministerial arrangement.
Under ministerial arrangements, rules may be laid down concerning:
(a) the manner in which applications for acceptance of varieties or stands referred to in the Articles 8 , 9 , 10 and 11 , applications for the grant of breeders ' rights and other applications and requests made by the Chapter 4 , 5 and 7 of the Act is to be submitted to the Council;
b. the determination of the time at which the corresponding Chapter 4 , 5 and 7 shall be deemed to have been submitted to the Council and are deemed to have received applications and applications
(c) the hearing by the Council of interested parties in the procedures to be followed by the Council in response to applications and applications submitted to the Council.
The following Decisions shall be repealed:
b. Decision Of The Catalogue Of Varieties Of Agricultural Plant Species ;
c. Binding catalogue of varieties of agricultural plant species ;
ed. Decision of 5 April 1967, implementing Article 18, second paragraph, of the Seeds and Planning Act ;
e. Decision uses own seeds and seedlings of agricultural plant species ;
j. Rules of procedure of the Council for the Right of Choice , and
k. Rules of procedure of the Chamber applicable to the breeder's right .
This Decision shall enter into force on a date to be determined by Royal Decree.
This Decision shall be referred to as: Decision of the Council for Plant Variety Activities.
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
