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Marketing of propagating material

Original Language Title: Regeling verhandeling teeltmateriaal

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Regulation of the Minister for Agriculture, Nature and Food Quality of 16 January 2006, No TRCJZ/2006/98 laying down rules for the marketing of propagating material (Arrangement of marketing reproductive material)

The Minister of Agriculture, Nature and Food Quality,

Having regard to the European directives on the marketing of propagating material of different types of crops, Article 21, fourth paragraph , 39, seventh member , and 44 of the Seeds and Plant Law 2005 , and having regard to the Articles 3 , 4 , 5 and 6 of the Decision marketing reproductive material ;

Decision:

Chapter 1. Conceptual provisions

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Article 1

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  • The following definitions shall apply:

    • a. Decision: Decision of marketing reproductive material ;

    • b. Decision (EC) 2004/266: Decision No Commission Decision 2004 /266/EC of 17 March 2004 authorising the indelible printing of prescribed information on packages of seed of fodder plants (PbEG L 83);

    • c. Decision (EC) No 2004/371: Decision No 2004 /371/EC of the Commission of the European Communities of 20 April 2004 laying down conditions for the placing on the market of seed mixtures intended for use as fodder crops (PbEG L 116);

    • d. Decision (EC) No 2004/842: Decision No 2004 /842/EC of the Commission of the European Communities of 1 December 2004 laying down implementing rules according to which Member States may authorise the placing on the market of seed potatoes or propagating material of varieties for which the recording of such varieties is to be taken into account. in the national catalogue of varieties of agricultural or vegetable species have been requested (PbEG L 362);

    • e. Directive (EC) No 2006/47 : Directive No 2006 /47/EC the Commission of 23 May 2006 laying down special conditions relating to the presence of Avena fatua in cereal seed (PbEU L 136);

    • f. Directive (EEC) No 66/401 : 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);

    • g. Directive (EEC) No 66/402 : 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);

    • Directive (EC) No 2008/90: 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);

    • i. Directive (EU) 2014/20: Commission Implementing Directive 2014 /20/EU of 6 February 2014 laying down EU classes for basic seed potatoes and certified seed potatoes and the requirements and designations applicable to such classes (PbEU 2014, L) 38);

    • j. Directive (EEC) No 933/ 8 : Directive No 93 /48/EEC of 23 June 1993 setting out the schedule of conditions to which fruit plants used for fruit production and propagating material thereof Directive (EEC) No 92/34 must comply (PbEG L 250);

    • k. Directive (EEC) No 93/61 : Directive No 93 /61/EEC of 2 July 1993 laying down the schedules with the requirements to be met by propagating material and planting material of vegetable plants, other than seed, in accordance with Article 4 of Directive 93 /30/EEC of the European Communities Directive (EEC) No 92/33 must comply (PbEG L 250);

    • l. Directive (EEC) No 93/62 : Directive No 93 /62/EEC from the Commission of the European Communities of 5 July 1993 laying down detailed rules for the supervision and control of suppliers and establishments in accordance with Directive 92 /33/EEC of the Council relating to the marketing of vegetable propagating and planting material, other than seed (PbEG L 250);

    • m. Directive (EEC) No 93/64 : Directive No 93 /64/EEC from the Commission of the European Communities of 5 July 1993 laying down detailed rules for the supervision and control of suppliers and establishments in accordance with Directive 92 /34/EEC of the Council on the marketing of propagating material of fruit plants and fruit plants intended for fruit production (PbEG L 250);

    • n. Directive (EEC) No 93/79 : Directive No 93 /79/EEC of the Commission of the European Communities of 21 September 1993 laying down additional detailed rules for the application of suppliers by virtue of Directive (EEC) No 92/34 lists of fruit plants and propagating material thereof (PbEG L 256);

    • o. Directive 98/56 : 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);

    • P. Directive (EC) No 99/66 : Directive No 1999 /66/EC of the Commission of the European Communities of 28 June 1999 laying down rules for the application of Directive 98/56 label or other document to be included by the supplier (PbEG L 164);

    • q Directive (EC) No 99/68 : Directive No 1999 /68/EC of the Commission of the European Communities of 28 June 1999 laying down additional provisions in respect of the following Directive 98/56 Suppliers of varieties of ornamental plants to be kept by suppliers (PbEG L 172);

    • r. Directive (EC) No 99/105 : 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);

    • s. Directive (EC) No 2000/29 : Directive No 2000 /29/EC of the Council of the European Union of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (PbEG L 169);

    • t. Directive 2001 /5/EC (EC) : Directive No 2001 /18/EC of the European Parliament and of the Council of the European Union of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Decision No 17/2001 of the European Parliament and of the Council of 12 March 2001 Directive 90 /220/EEC of the Council (PbEG L 106);

    • u. Directive 2002/53/EC (EC) : Directive No 2002 /53/EC from the Council of the European Union on 13 June 2002 on the common catalogue of varieties of agricultural plant species (PbEG L 193);

    • v. Directive 2002 /24/EC (EC) : 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);

    • w. Directive 2002/55/EC (EC) : 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);

    • x. Directive 2002 /5/EC (EC) : Directive 2002 /5/EC (EC) of the Council of the European Union of 13 June 2002 on the marketing of seed potatoes (PbEG L 193);

    • y. Directive 2002/57 (EC) : 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);

    • z. (EC) 2008/62: Directive (EC) No 238/92, 2008/62 of the Commission of 20 June 2008 laying down certain derogations for the admission of agricultural varieties and varieties which have naturally adapted to local and regional conditions and to the conditions of genetic protection Threatened with erosion, and for the marketing of seed and seed potatoes of those landraces and varieties (PbEU L 162);

    • aa. (EC) 2008/72: Commission Directive (EC) No 233/93: OJ 2008/72 of the Council of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (PbEU L 205);

    • Bb. 2009/145: Directive No. 2009 /145/EC of the Commission of the European Communities of 26 November 2009 establishing certain derogations for the admission of varieties and varieties of vegetables traditionally subject to certain localities and certain areas farmed and threatened by genetic erosion, and vegetable breeds which have no intrinsic value for the commercial production of crops but which have been developed for cultivation under special conditions, and for marketing the placing of seed of those landraces and varieties (PbEU L 312);

    • cc. Regulation (EC) 1829/2003 : Regulation (EC) No 148/EC 1829/2003. from the European Parliament and the Council of the European Union of 22 September 2003 on genetically modified food and feed (PbEG L 268);

    • dd. third countries: countries outside the European Union;

    • ed. hybrid: product of a conscious, repeated crossing for each seed production between two or more parent lines that are held separately for this purpose;

    • Ff. the conservation variety of an agricultural crop:

      • 1 °. land variety of an agricultural crop; or

      • 2. variety of an agricultural crop, which has been naturally adapted to local and regional conditions threatened by genetic erosion;

    • Gg. The conservation variety of a vegetable species:

      • 1 ° land variety of a vegetable crop, or

      • 2 ° variety of vegetable crops, which are traditionally cultivated in certain areas and in certain areas,

        is being threatened by genetic erosion;

    • hh. Land variety: a set of populations or clones of a plant species that have naturally adapted to the environmental conditions of their area;

    • i. genetic erosion: loss, over time, of genetic diversity between and within populations or varieties of the same species, or reduction of the genetic basis of a species by human intervention or environmental change;

    • jj. Variety developed for growing under particular conditions: race which has no intrinsic value for the commercial production of crops, but has been developed for cultivation under special conditions;

    • Kk. Directive (EU) 2014/21: Commission Implementing Directive 2014 /21/EU of 6 February 2014 laying down minimum requirements and EU classes for pre-basic seed potatoes (PbEU 2014, L 38).

  • 2 This arrangement does not apply to the crops Oryza sativa, Arachis hypogaea, Gossypium spp., Glycine max and Vitis, unless the supplier requests the approved inspection body for inspection of the propagating material.

Chapter 2. Registration and recognition of suppliers

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§ 1. Registration of suppliers of propagating material of agricultural plant species, horticultural crops and forest crops

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Article 2

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As washed, intended in Article 42 of the Act The following shall be designated:

  • a. Agricultural crops;

  • b. horticultural crops;

  • c. Forestry crops.


Article 3

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For suppliers of vegetable plants and suppliers of propagating material of fruit plants, ornamentals and forest plants, the requirements for registration, intended to be used in Article 43 of the Act , committed in the Articles 81 , 85 , 92 and 97 .


Article 4

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The application for registration shall be carried out by the submission of a complete completed application form, accompanied by the following documents:

  • a. A copy of a valid certificate of identity of the applicant;

  • (b) a certificate of registration in the commercial register which has been issued by the competent authority no more than two months before the date of application for registration.


Article 5

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  • 1 A registration is valid for the duration of one year.


Article 6

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A registration may be terminated at the request of the supplier. The application for termination of registration shall be submitted in writing to the inspection body, indicating the date and reason of the termination of registration.


Article 7

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  • 1 The inspection body shall manage a register in which the supplier is registered.

  • 2 On request and against payment of a certificate by the inspection body on the basis of Article 21 of the Act compensation to be determined may be provided from the register.


Article 8

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  • 1 The register shall, in any event, contain the following information:

    • a. Name and company name of the supplier;

    • (b) address and place of residence or place of establishment of the supplier;

    • c. the number under which the supplier is registered with the inspection body;

    • d. the acts for which the supplier is approved or registered.

  • 2 The supplier shall notify the inspection body without delay of any change to the information referred to in paragraph 1.


§ 2. Recognition of suppliers of fodder plant propagating material, cereal seed, beet, oilseed plants and fibre plants and vegetable seed suppliers

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Article 9

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  • 1 NAK may recognize the suppliers of fodder plant propagating material for the purpose of carrying out inspections under the conditions laid down in Article 2 (3) (A) of the EC Treaty. Directive (EEC) No 66/401 .

  • 2 NAK may recognise suppliers of fodder plant propagating material for the taking of samples under the conditions laid down in Article 7, first paragraph, of the Directive (EEC) No 66/401 .

  • 3 NAK may recognise a laboratory for the analysis of fodder plant propagating material under the conditions laid down in Article 2, third paragraph, Section B, of Directive (EEC) No 66/401 .


Article 10

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  • 1 NAK may recognise suppliers of seed material of cereal seed for the purpose of carrying out inspections under the conditions laid down in Article 2 (3) (A), Directive (EEC) No 66/402 .

  • 2 NAK may recognise suppliers of seed material of cereal seed for the taking of samples under the conditions laid down in Article 7, first paragraph, of the Directive (EEC) No 66/402 .

  • 3 NAK may recognise a laboratory for the analysis of propagating material of cereal seed under the conditions laid down in Article 2 (3) (B) of Regulation (EEC) No 3DEC, Article 2 (2), Directive (EEC) No 66/402 .


Article 11

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  • 1 NAK may recognise suppliers of beet propagation material for the purpose of carrying out inspections under the conditions laid down in Article 2 (A) of Article 2 (3), Directive 2002 /24/EC (EC) .

  • 2 NAK may recognise suppliers of beet propagating material for taking samples under the conditions laid down in Article 9, first paragraph, of the Directive 2002 /24/EC (EC) .

  • 3 NAK may recognise a laboratory for the analysis of propagating material of beets under the conditions referred to in Article 2, third paragraph, Section B, of Directive 2002 /24/EC (EC) .


Article 12

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  • 1 NAK may recognise suppliers of propagating material of oil and fibre plants for the purpose of carrying out inspections under the conditions laid down in Article 2, fifth paragraph, of Part A, of Directive 2002/57 (EC) .

  • 2 NAK may recognise suppliers of propagating material of oil and fibre plants for the taking of samples under the conditions laid down in Article 9, first paragraph, of the Directive 2002/57 (EC) .

  • 3 NAK may recognise a laboratory for the analysis of reproductive material of oil and fibre plants subject to the conditions laid down in Article 2, fifth paragraph, Section B, of Directive 2002/57 (EC) .


Article 13

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  • 1 Nakhorticulture may recognise vegetable seed suppliers for the purpose of carrying out inspections under the conditions laid down in Article 2 (4) (A) of the Directive 2002/55/EC (EC) .

  • 2 Nakhorticulture may recognise vegetable seed suppliers for the taking of samples under the conditions referred to in Article 25, first paragraph, bis, of Directive 2002/55/EC (EC) .

  • 3 Nakhorticulture may recognise a laboratory for the purpose of carrying out analysis of vegetable seeds in accordance with the conditions laid down in Article 2 (4) (B) of the EC Treaty. Directive 2002/55/EC (EC) .


Article 14

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  • 1 The approval may be terminated at the request of the supplier. The application for the termination of approval shall be submitted in writing to the inspection body, indicating the date and reason of the termination of the approval.

  • 2 With the exception of vegetable seed suppliers, the request referred to in paragraph 1 shall be submitted to NAK before 1 April prior to the calendar year that the supplier wishes to terminate the approval.


Article 15

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The Articles 4 , 5 , 7 and 8 shall be applicable mutatis mutandis.

Chapter 3. Examination, assessment and verification

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§ 1. Agricultural crops

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Article 16

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In the examination, assessment and control of fodder plant propagating material, Article 3 (4), (4), (4), (10), (14), (1), (1) and (19) and (19), first paragraph, of Directive (EEC) No 66/401 and Article 4 of Decision (EC) 2004/371 in eight.


Article 17

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In the examination, assessment and control of propagating material of cereal seed, Article 3 (3), third paragraph, 7, 14 (1), (1) and (19) and (19), first paragraph, of Directive (EEC) No 66/402 in eight.


Article 18

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In the examination, assessment and control of propagating material of beet, the first paragraph of Article 3 (2) of Article 3 (2) of Regulation (EEC) No 1583/8 shall be taken into account in the examination, inspection and checking of beet propagating material. Directive 2002 /24/EC (EC) in eight.


Article 19

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In the examination, inspection and control of seed potatoes, NAK takes the view that Articles 7, 17 and 23 of the Directive 2002 /5/EC (EC) in eight.


Article 20

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In the examination, inspection and control of propagating material of oil and fibre plants, Article 3 (4), (4), (9), (17), (19) and (22), first paragraph, of Directive 2002/57 (EC) in eight.


Article 20a

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If, on the basis of the process followed by a supplier of propagation material and the results of such practices, the production, preservation or processing of propagating material is not performed in a sufficiently professional manner, NAK may be present at the supplier's suspend the inspection of propagating material for a period of not more than three years.


§ 2. Garden crops and forest crops

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Article 21

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During the examination, assessment and control of vegetable plants, Nakhorticulture shall take into account Articles 5, 6, 10, third paragraph, 17, 19 and 20, first paragraph of Directive (EC) 2008/72 and Articles 2, 3, 4 and 5 of this Regulation. Directive (EEC) No 93/62 in eight.


Article 22

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During the examination, assessment and control of propagating material of fruit plants, Nakhorticulture shall take into account the provisions of Articles 5, 6, 12, 13, 14, first paragraph and 16 of Directive (EC) 2008/90 and Articles 2, 3, 4 and 5 of Directive 91 /16/ECSC of the European Parliament and of the Council of the European Communities. Directive (EEC) No 93/64 in eight.


Article 23

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In the examination, assessment and control of propagating material of ornamental plants, Nakhorticulture shall take the form of Articles 12, 13 and 14 of this Directive. Directive 98/56 in eight.


Article 24

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In the examination, assessment and control of propagating material of forest plants, Nakhorticulture shall take into account the provisions of Articles 16 (1) and 5 (2) of the EC Treaty. Directive (EC) No 99/105 in eight.


Article 24a

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In the examination, assessment and control of seed of varieties of vegetable species, Nakhorticulture shall respect Articles 19 and 20 of Directive (EC) 2009/145.


Article 24b

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In the examination, assessment and control of seed of varieties of vegetable species developed for growing under special conditions, Nakhorticulture shall be in accordance with Articles 31 and 32 of Directive (EC) 2009/145.


Article 25

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During examination, examination and inspection of vegetable seed, Nakhorticulture takes the view that Articles 20 (4), 25, 34, 35, 36, 39, first paragraph, 40 and 41 of the Directive are to be taken into account. Directive 2002/55/EC (EC) in eight.


Article 25a

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Article 20a is applicable, except that NAK is read as Nakhorticulture.

Chapter 4. the marketing of propagating material of Agricultural Plant

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§ 1. General provisions

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Article 26

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  • 1 Propagating Material of an agricultural crop shall be marketed only if it comes from a variety which has been admitted and entered in the register of varieties or is included in a variety register provided by the Commission of the European Communities. established common catalogue of varieties, or has been authorised in one of the other Member States of the European Union in accordance with Directive 2002/53/EC (EC) .

  • 2 Propagating Material of a variety of an agricultural crop deleted from a common list of varieties established by the Commission of the European Communities, may not later than 30 June of the third year following the end of the period of Admission to marketing shall be carried out.

  • 3 For a variety which is exclusively for use as a component, the first and second paragraphs shall apply only to the extent that the propagating material is marketed under the name of the variety concerned.


Article 27

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  • 1 Propagating Material shall only be placed on the market in sufficiently homogeneous lots and in packages which comply with the conditions specified in the Articles 38 , 44 , 49 , 55 , 68 and 69g .

  • 2 Packages of propagating material shall be closed by NAK or by the supplier under the supervision of NAK.


Article 28

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  • 1 Packaging of propagating material shall be closed in such a way that it cannot be opened without damaging the sealing system or showing evidence of tampering with the official label or packaging.

  • 2 The label shall be included in the sealing system, or an official seal has been affixed to the buckle.

  • The second paragraph shall not apply to a packaging containing a sealing device which cannot be reused.

  • 4 If a packaging of propagating material is reclosed, the label shall indicate the date of the reclosing, and the name of the person who closed the packaging.


Article 29

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In the case of propagating material of a variety which has been genetically modified, any label or document affixed to the Party or accompanies it under the provisions of this Arrangement shall clearly state that the variety is Genetically modified.


Article 30

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In the case of a chemical treatment of the propagating material, notification shall be made either on the official label or on a supplier's label, or on or on the packaging.


Article 31

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  • 1 The request for the placing on the market of propagating material of agricultural plant species for testing purposes, as intended Article 39, sixth paragraph, of the Act , shall be submitted to NAK by the supplier who submitted the application for registration in the Racial Register to the Council.

  • 2 In the case of the request referred to in paragraph 1, the supplier shall submit the following information to NAK:

    • a. information on the planned practice tests;

    • (b) the names of the Member States in which these tests are carried out;

    • (c) a provisional varietal description;

    • d. information on the preservation of the variety.

  • 3 When assessing the application referred to in paragraph 1, NAK shall respect Articles 6, 16 and 17 of Decision (EC) 2004/842.

  • 4 NAK shall give permission only for tests on agricultural holdings to collect data on cultivation or use of the variety.

  • 5 The consent to the placing on the market of propagating material for testing purposes shall be granted for a period of one year and then tacitly extended.

  • 6 The consent to the placing on the market of propagating material for testing purposes expires on revocation of the application for inclusion in the register of varieties, rejection of the application for inclusion in the register of varieties, or the inclusion of the variety in the register race register.

  • 7 NAK may withdraw the consent to the placing on the market of propagating material for testing purposes subject to the conditions laid down in Article 14 of Decision (EC) No 2004/842.

  • 8 Reproductive material for testing purposes shall, at the time of inspection and sample examination, meet the standards for the lowest generation or class of the species concerned.

  • 9 The maximum amounts of reproductive material for testing purposes are 0,3% for feed peas, wheat, barley, oats and field beans and 0,1% for other agricultural crops of the corresponding annual the species shall be used in the Member State for which the test material is intended. In the case where the quantity of propagating material for testing purposes is not sufficient to sow 10 hectares in the Member State for which the propagation material is intended, the quantity needed for 10 hectares may be authorised.

  • 10 The packaging of reproductive material for testing purposes complies with the requirements set out in Article 8 of Decision (EC) No 2004/842.

  • 11 The labelling of the packaging of propagating material for testing purposes complies with the requirements set out in Articles 9 and 10 of Decision (EC) No 2004/842.


Article 32

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  • 1 In the case where more than 2 kilograms of propagating material is placed on the market from a third country, NAK shall be informed by the supplier of the following information:

    • a. species;

    • b. variety;

    • c. category;

    • d. producing country and inspection body;

    • e. land of dispatch;

    • f. Importer;

    • g. quantity of propagating material.

  • 2 Cereal Seed imported from other Member States or third countries shall be marketed only if it appears from a document drawn up by an inspection body that the cereal seed does not contain a wild oat.


Article 33

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Seed seeds are practically disease-free and free from harmful insects.


§ 2. 'green fodder'

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Article 34

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  • 1 Pre-basic seed meets the requirements set out in Article 14a (b) and (c) of Directive (EEC) No 66/401 , and is practically free of varietal impurities.

  • 2 Basic seed of farmed breeds meets the requirements laid down in Article 2 (B) (1) of Article 2 (1) of Regulation (EEC) No 51/12. Directive (EEC) No 66/401 .

  • 3 Basic seed of country breeds meets the requirements mentioned in Article 2 (B) (2) of Article 2, first paragraph. Directive (EEC) No 66/401 .

  • 5 First-generation certified seed shall meet the requirements laid down in Article 2, first paragraph, (C) (a), of Directive (EEC) No 66/401 .

  • 6 certified seed of the second generation shall meet the requirements set out in Article 2 (C) (b), first paragraph, of Directive (EEC) No 66/401 .


Article 35

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  • 1 Fodder plant propagating material shall be marketed only if it has been approved by NAK as the pre-basic seed, basic seed or certified seed.

  • 2 By way of derogation from paragraph 1, propagating material of the following green fodder may also be placed on the market if it has been approved as commercial seed:

    • -Bermuda grass;

    • -Bokshoorn;

    • -Esparcette;

    • -Knolreed grass;

    • -Pannonic Wikke,

    • -Tuintjesgrass;

    • -It's a coal laver.

  • 3 By way of derogation from the first paragraph, unprocessed propagating material may be placed on the market for processing, provided that the identity of such propagating material is ensured.


Article 36

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Fodder plant propagating material may be placed on the market as a mixture of different species, subject to the conditions laid down in Article 13 of this Regulation. Directive (EEC) No 66/401 and Articles 2, 3 and 5 of Decision (EC) 2004/371.


Article 37

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The maximum moisture content of pulses of leguminous plants is 19%.


Article 38

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  • 1 Packages of fodder plant propagating material, excluding small packages of certified seed and commercial seed, comply with the requirements laid down in Article 10 of this Regulation. Directive (EEC) No 66/401 .

  • 2 Small packages of fodder plant propagating material shall comply with the requirements set out in Article 2, first paragraph, Section G, and 10a, first paragraph, of Directive (EEC) No 66/401 .

  • 3 Small packs shall be labelled with a gum label in accordance with the requirements of Article 10a, second paragraph, of Directive (EEC) No 66/401 .

  • 4 In accordance with the conditions laid down in Article 1 (2) of Decision (EC) No 1/2 of the EC Treaty, the second paragraph of Article 1 of the EC Treaty shall apply to NAK, subject to the conditions laid down Directive (EEC) No 66/401 be indelible printing or stamping of the said data on the packaging.

  • 5 NAK may be subject to the conditions laid down in Article 10d of Directive (EEC) No 66/401 simplify the rules governing the sealing system and the labelling of packaging for the sale of certified seed in bulk to the final consumer.

  • 6 Article 27, second paragraph , does not apply to packages of mixtures of fodder plant propagating material which are not intended for animal feed purposes, as referred to in Article 2, first paragraph, Section F, of Directive (EEC) No 66/401 . The packages shall be closed with a supplier's label.


Article 39

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  • 2 NAK may be subject to the conditions mentioned in Article 4 (b) of Directive (EEC) No 66/401 , in the interests of rapid provision of the seed, approve seed as basic seed or certified seed.


§ 3. Cereal seed

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Article 40

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  • 1 Pre-basic seed meets the requirements set out in Article 14a (b) and (c) of Directive (EEC) No 66/402 , and is practically free of varietal impurities.

  • 3 Basic seed of hybrids shall comply with the requirements laid down in Article 2, first paragraph, Section C bis, of Directive (EEC) No 66/402 .

  • 4 Basic seed of free-polated varieties of maize meets the requirements laid down in Article 2 (D) (1) of Regulation (EEC) No 82/04. Directive (EEC) No 66/402 .

  • 5 Basic seed of maize from inbred strains meets the requirements laid down in Article 2 (D) (2) of Regulation (EEC) No 95/5. Directive (EEC) No 66/402 .

  • 6 Basic seed of maize of certain hybrids shall meet the requirements laid down in Article 2, first paragraph, point D, point 3, of Directive (EEC) No 66/402 .


Article 41

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  • 2 Certified seed of the first generation shall comply with the requirements laid down in Article 2, first paragraph, Section F, of Directive (EEC) No 66/402 .

  • 3 Certified seed of the second generation shall comply with the requirements laid down in Article 2, first paragraph, Section G, of Directive (EEC) No 66/402 .


Article 42

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  • 1 Propagating Material of cereal seed shall be marketed only if it has been approved by NAK as the pre-basic seed, basic seed, certified seed, certified seed of the first generation or certified seed of the second generation.

  • 2 By way of derogation from the first paragraph, unprocessed propagating material may be placed on the market for processing, provided that the identity of such propagating material is ensured.


Article 43

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Propagating material of cereal seed may be marketed as a mixture of different species, subject to the conditions laid down in Article 13 of this Regulation. Directive (EEC) No 66/402 .


Article 44

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  • 2 NAK may be subject to the conditions laid down in Article 10a of Directive (EEC) No 66/402 simplify the rules governing the sealing system and the labelling of packaging for the sale of certified seed in bulk to the final consumer.


Article 45

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  • 1 The maximum moisture content of winter grain propagation material is 17.5%.

  • 2 The maximum moisture content of summer grain propagating material is 16.5%.

  • 3 The maximum moisture content of propagating material of maize is 15%.


Article 46

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  • 2 NAK may be subject to the conditions mentioned in Article 4 (b) of Directive (EEC) No 66/402 , in the interests of rapid provision of the seed, approve seed as basic seed or certified seed.


§ 4. Beet

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Article 47

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  • 1 Prebasic seed meets the requirements set out in Article 21 (b) and (c) of Directive 2002 /24/EC (EC) , and is practically free of varietal impurities.


Article 48

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  • 1 Propagating Material of beet shall be marketed only if it has been approved by NAK as the pre-basic seed, basic seed or certified seed.

  • 2 By way of derogation from the first paragraph, unprocessed propagating material may be placed on the market for processing, provided that the identity of such propagating material is ensured.


Article 49

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  • 1 Packaging of propagating material of beet with the exception of small packages of certified seed shall meet the requirements laid down in Article 12 of this Regulation. Directive 2002 /24/EC (EC) .

  • 2 Small packages of certified seed beet shall meet the requirements set out in Article 2, first paragraph, part h, and 13 of Directive 2002 /24/EC (EC) .


Article 50

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  • 2 NAK may be subject to the conditions mentioned in Article 5 (b) of Directive 2002 /24/EC (EC) , in the interests of rapid provision of the seed, approve seed as basic seed or certified seed.


§ 5. Oil and fibre plants

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Article 51

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  • 1 Pre-basic seed meets the requirements laid down in Article 18 (b) and (c) of Directive 2002/57 (EC) , and is practically free of varietal impurities.

  • 3 Basic seed of flax is divided into the following generations:

    • a. 'elite';

    • b. 'super-elite'.


Article 52

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  • 1 Certified seed of rapeseed, sareptammustard, rapeseed, brown mustard, double-skin hemp, safflower, carwe, sunflower, blue-poppy seeds and yellow mustard meets the requirements mentioned in Article 2, first paragraph, part e, of Directive 2002/57 (EC) .

  • 2 Certified seed of the first generation of monoecious hemp and flax complies with the requirements laid down in Article 2, first paragraph, part f, of Directive 2002/57 (EC) .

  • 3 Certified seed of the second propagation of flax meets the requirements laid down in Article 2, first paragraph, part g, of Directive 2002/57 (EC) .

  • 4 Certified seed of the second generation of monoecious hemp meets the requirements laid down in Article 2, first paragraph, part h, of: Directive 2002/57 (EC) .

  • 5 Certified seed of the third generation of flax meets the requirements of Article 2, first paragraph, part i, of Directive 2002/57 (EC) .


Article 53

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  • 1 Reproductive Material of oil and fibre plants shall only be placed on the market if it has been approved by NAK as the pre-basic seed, basic seed or certified seed.

  • 2 By way of derogation from paragraph 1, propagation material of brown mustard may also be placed on the market if it has been approved as commercial seed.

  • 3 By way of derogation from the first paragraph, unprocessed propagating material may be placed on the market for processing, provided that the identity of such propagating material is ensured.


Article 54 [ Verfalls per 01-01-2007]

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Article 55

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Packages of reproductive material of oil and fibre plants shall comply with the requirements set out in Article 12 of this Regulation. Directive 2002/57 (EC) .


Article 56

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  • 1 The maximum moisture content of linseed is 12%.

  • 2 The maximum moisture content of winter rapeseed is 11 per cent.

  • 3 The maximum moisture content of blue-poppy seed is 11%.

  • 4 The maximum moisture content of caraway seed is 13%.


Article 57

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  • 2 NAK may be subject to the conditions mentioned in Article 5 (b) of Directive 2002/57 (EC) , in the interests of rapid provision of the seed, approve seed as basic seed or certified seed.


§ 6. Seed potatoes

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Article 58

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  • 1 Prebasic seed potatoes shall comply with the requirements laid down in Article 18 of Directive 2002/56 or in accordance with Article 18 of Directive 2002 /56/EC;

  • 3 Certified seed potatoes complies with the requirements set out in Article 2 (c) of Regulation (EC) No 83/12. Directive 2002 /5/EC (EC) .


Article 59

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  • 1 Prebasic seed potatoes shall be placed on the market as the class S and subdivided into the following strains:

    • a. Output strains;

    • b. One-year strains;

    • c. Two-year strains;

    • d. Three-year strains;

    • e. 4-year strains.

  • 2 Baseline strains are taken from one-year, two-year, or three-year strains, or have grown from selected tubers, taken from the yield of approved one-year strains.

  • 3 Prebasic seed potatoes may also be certified as Community class.

  • 4 The Community class as referred to in the third paragraph shall be EU class PBTC or EU class OJ. This applies in addition to the first paragraph the minimum requirements of Directive (EU) 2014/21.


Article 60

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  • 1 Basispootestate is divided into SE or E classes.

  • 2 Basispootestate may also be certified as Community class. This applies in addition to the first paragraph the minimum requirements of Directive (EU) 2014/20.


Article 61

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  • 1 Certified seed potatoes shall be subdivided into Classes A or C.

  • 2 Certified seed potatoes may also be certified as Community class.

  • 3 The Community class referred to in the second paragraph shall be EU class A or EU class B. In addition to the first paragraph, the minimum requirements of Directive (EU) 2014/20 shall apply.


Article 62

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Classification in classes depends on the starting material used and the diseases detected by NAK during the examination, inspection or control, anomalies, defects, damage, impurities, degree of varietal purity and storage, Laid down in the inspection procedure provided for in Article 20, second paragraph, of the Act .


Article 63

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  • 1 A seed potatoes shall be placed on the market only if they are approved by NAK as a pre-basic seed, basic seed potatoes or certified seed potatoes.

  • 2 seed potatoes which do not comply with the requirements of this Arrangement shall be graded at most twice. The unremoved seed potatoes are then re-examined by NAK.


Article 64

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Seed potatoes shall not be placed on the market if they have been treated with or impaired by germ brake applications.


Article 65

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  • 1 A seed potatoes shall be placed on the market only if the size meets the requirements laid down in Article 10, first paragraph, of Directive 2002 /5/EC (EC) .

  • 2 A lot of seed potatoes does not contain more than 3 per cent of tubers with a smaller average than the minimum average referred to in Article 10, first paragraph of Article 10, of Directive 2002 /5/EC (EC) , and no more than 2% of tubers with a maximum cut greater than the maximum average referred to in Article 10, first paragraph, of Directive 2002 /5/EC (EC) .

  • 3 A maximum of half the percentage of tubers with a smaller average or larger average referred to in paragraph 2 shall not exceed 1 millimetres of the size of the species referred to in Article 10, first paragraph, of Directive 2002 /5/EC (EC) . The other part of the percentage of tubers with a smaller average or larger average referred to in paragraph 2 shall not exceed 3 millimetres of the size specified in Article 10, first paragraph, of the Directive 2002 /5/EC (EC) .


Article 66

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  • 1 A seed potatoes propagated with micro-multiplication are disease-free.

  • 2 In the case of micro-multiplication as referred to in paragraph 1, use shall be made of the procedures and facilities suitable for micro-multiplication in the opinion of NAK.

  • 3 Article 65 shall not apply to seed potatoes increased by micro-multiplication.


Article 67

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  • 1 A seed potatoes and other potatoes shall be kept separate from other potatoes at all stages of production.

  • 2 The merging of the tribes, mentioned in Article 59 , excluding source strains, is allowed under the condition that the pooled strains from the same starting year are. In the case of one-year strains, the number of strains to be joined shall not exceed 20.

  • 3 The grouping of lots is allowed, under the conditions that the parties are from the same supplier and that the party has a uniform appearance.


Article 68

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  • 1 Packaging of basic seed potatoes and certified seed potatoes meets the requirements laid down in Article 13, first paragraph, of Directive 2002 /5/EC (EC) .

  • 2 NAK may be based on Article 13, second paragraph, of Directive 2002 /5/EC (EC) in the case of packages of small quantities of seed potatoes intended for the last user, the use of particulars other than the particulars provided for in Article 13, first paragraph, of the Directive 2002 /5/EC (EC) .


Article 69

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  • 1 NAK can set annual dates on which the loof of the potato is destroyed by the supplier.

  • 2 The data may vary according to the area, race, class, or use.


§ 7. Placing on the market of propagating material of agricultural plant conservation varieties

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Article 69a

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  • 1 Propagating material of agricultural plant conservation varieties shall be marketed only if it complies with the requirements of Articles 10 and 13 of Directive (EC) 2008/62.

  • 2 The Minister may, in accordance with Article 13 (2) of Directive (EC) No 2008/62, approve areas outside the area of origin where propagation material of agricultural plant conservation varieties may be marketed.


Article 69b

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Propagating material of agricultural plant conservation varieties shall be produced exclusively in the region of origin, intended for the purpose of Article 12a, fifth paragraph, of the Council's Employment Council for plant varieties .


Article 69c

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  • 1 The supplier of propagating material of a conservation variety of an agricultural crop shall, in accordance with Article 12 of Directive (EC) 2008/62, verify whether the reproductive material of conservation varieties complies with the certification requirements laid down in Article 10; third paragraph, of Directive (EC) 2008/62.

  • 2 With regard to propagating material of seed potatoes, Article 10 of Directive 2002/56 shall not apply.


Article 69d

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NAK may determine annually the maximum quantity of propagating material of agricultural plant conservation varieties in accordance with Article 14 of Directive (EC) 2008/62.


Article 69e

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  • 1 Annual report suppliers producing propagating material of agricultural plant conservation varieties prior to the growing season the size and location of the area in which seed of agricultural plant conservation varieties is grown.

  • 2 On the basis of the data obtained, NAK may, subject to the second paragraph of Article 15 of Directive (EC) 2008/62, maximise the quantity of propagating material to be marketed during the marketing year in question, per supplier.


Article 69f

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Suppliers shall report to NAK the quantity of seed marketed of each agricultural crop conservation variety annually prior to the start of the growing season.


Article 69g

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Packages of propagating material of agricultural plant conservation varieties shall comply with the requirements set out in Articles 17 and 18 of Directive (EC) 2008/62.

Chapter 5. Placing on the market of horticultural propagating material

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§ 1. General provisions

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Article 70

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The certificate of proof or registration of the type, Article 6 of the Decision , is made by Nakhorticulture or the supplier under the supervision of Nakhorticulture and subject to the terms of this arrangement.


Article 71

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  • 1 Vegetable Propagating Material shall be marketed only if it comes from a variety which has been admitted and entered in the register of varieties or is included in a variety register provided by the Commission of the European Communities. established common catalogue of varieties, or has been authorised in one of the other Member States of the European Union in accordance with Directive 2002/55/EC (EC) .

  • 2 The first paragraph shall not apply until 31 December 2009 to the placing on the market of seed of varieties of shallot (Allium cepa L. Aggregatum-group), shorthand (Allium fistulosum L.), garlic (Allium sativum L.), chives (Allium schoenophrasum L.), Rabarb (Rheum rhabarbarum L.) and sweetcorn or pofcorn (Zea mays L.).


§ 2. Vegetable seeds

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Article 72

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Article 73

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  • 1 Seed of chicory for the industrial (Cichorium intybus L. (partim)) is marketed only if it has been approved by Nakhorticulture as basic seed or certified seed.

  • 2 Seed of other vegetable crops shall be marketed only if approved by Nakhorticulture as basic seed or certified seed, or is standard seed.


Article 74

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  • 1 Seed of generations prior to basic seed may be placed on the market under the conditions laid down in Article 35 of this Directive. Directive 2002/55/EC (EC) .

  • 2 Unprocessed seed may be placed on the market for processing, in so far as the identity of such seed is ensured.


Article 75

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  • 1 Basic seed, certified seed and standard seed shall be placed on the market only in sufficiently homogeneous lots and in containers which meet the requirements set out in Article 2, first paragraph, part g, or 28 of Directive 2002/55/EC (EC) . The packaging shall bear a label complying with the requirements of Annex IV, Part A, to: Directive 2002/55/EC (EC) .

  • 2 The first paragraph shall not apply to small packages of certified seed and to small packages of different varieties of the same crop.

  • 3 Except for the first paragraph, packages of small quantities of propagating material shall be marked for the last user with an indication of the period of use.


Article 76

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  • 1 Packages are closed by the supplier under the supervision of Nakhorticulture.

  • 2 packages of basic seed and certified seed, with the exception of small packages of certified seed, are sealed in such a way that they cannot be opened without damaging the sealing system or the label or the label It contains traces of tampering.

  • 3 The official label shall be included in the sealing system, or an official seal has been affixed to the buckle.

  • 4 The third paragraph shall not apply to a packaging containing a sealing device which cannot be reused.

  • 5 Where a packaging of propagating material is reclosed, the label shall indicate the date of the reclosing, and the name of the person who closed the packaging.

  • 6 With the exception of small packages, packages shall be provided by the person responsible for affixing the labels, or with equivalent sealing.


Article 77

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In the case of vegetable seeds of a variety which has been genetically modified, the label or document affixed to or accompanies the seed lot on any official or other label or document shall clearly indicate that the variety has been genetically modified.


Article 78

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In the case of a chemical treatment of basic seed, certified seed or standard seed, it shall be indicated either on the official label or on the supplier's label, and on or on the packaging. In the case of small packs, this entry may be placed directly on or on the inside of the packaging.


Article 79

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In the case where more than 2 kilogram vegetable seeds are placed on the market from a third country, Nakhorticulture is informed by the supplier of the following.

  • a. species;

  • b. variety;

  • c. category;

  • d. producing country and inspection body;

  • e. land of dispatch;

  • f. Importer;

  • g. quantity of propagating material.


Article 80

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  • 1 The request for the placing on the market of vegetable seeds for testing purposes as intended Article 39, sixth paragraph, of the Act , is submitted to Nakhorticulture by the supplier who submitted the application for registration in the Racial Register to the Council.

  • 2 In the case of the request referred to in paragraph 1, the supplier shall submit the following information to Nakhorticulture:

    • a. a description of the variety;

    • b. information on the preservation of the variety.

  • 3 Nakhorticulture gives permission only for trials to collect practical knowledge through cultivation.

  • 4 When assessing the application referred to in paragraph 1, Nakhorticulture shall respect Articles 35 and 36 of Decision (EC) No 2004/842.

  • 5 For vegetable seed for testing purposes, the conditions laid down in Annex II of this Regulation shall apply. Directive 2002/55/EC (EC) .

  • 6 Research of vegetable seeds for testing purposes, carried out by Nakhorticulture, meets the requirements laid down in Article 24 of Decision (EC) No 2004/842.

  • 7 The supplier of vegetable seeds for testing purposes:

    • a. Nakhorticulture shall inform the start date and end of its work;

    • b. keep the records of each batch of seed and keep it at the disposal of Nakhorticulture for a period of at least three years;

    • c. takes samples from each batch intended for trade and holds for at least two years at the Nakhorticulture Decision.

  • 8 The consent to the placing on the market of propagating material for testing purposes shall be granted for a period of one year and may subsequently be renewed at most twice for the periods of one year.

  • 9 The consent to the marketing of vegetable seed for testing purposes expires upon revocation of the application for inclusion in the register of varieties, rejection of the application for inclusion in the register of varieties, or the inclusion of the variety in the register race register.

  • 10 Nakhorticulture may withdraw the consent to the placing on the market of propagating material for testing purposes under the conditions laid down in Article 33 of Decision (EC) No 2004/842.

  • 11 The packaging of vegetable seeds for testing purposes complies with the requirements set out in Article 27 of Decision (EC) No 2004/842.

  • 12 The label or the text stamped on the package or printed complies with the requirements set out in Articles 28 and 29 of Decision (EC) No 2004/842. The label is orange.


§ 3. Vegetable plants

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Article 81

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The supplier of vegetable plants shall meet the requirements laid down in Article 5 of Directive (EC) 2008/72 and Articles 3, 4 and 5 of this Directive. Directive (EEC) No 93/62 .


Article 82

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Vegetable plans shall comply with the requirements laid down in Articles 2, 3, 4 and 5 of this Regulation. Directive (EEC) No 93/61 .


Article 83

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  • 1 During the growth, during grubbing or in the removal of slips from the basic material, propagating material shall be kept in separate batches.

  • 2 Where propagating material of different origins is pooled or mixed with packaging, storage, transport or supply, the supplier shall keep a register with the composition of the lot and the origin of the constituent parts.


Article 84

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  • 1 Without prejudice Article 83, second paragraph , vegetable plants shall only be placed on the market in sufficiently homogeneous lots after it has been established that they comply with the provisions of this Arrangement and if they are accompanied by a document drawn up by the supplier. If there is an official statement on this document, it shall be clearly separated from the rest of the content of the document.

  • 2 The document referred to in paragraph 1 complies with the requirements set out in Article 6 of Directive (EEC) No 93/61 .


§ 4. Fruit plants

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Article 85

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The supplier of propagating material of fruit plants shall comply with the provisions of Article 6 of Directive (EC) 2008/90 and Articles 3, 4 and 5 of Directive 89/90 /EC. Directive (EEC) No 93/64 .


Article 86

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  • 1 CAC material of fruit plants is varietal and sufficient varietal purity and complies with the requirements laid down in Articles 2, 3, 4 and 5 of Directive (EEC) No 93/48 on or pursuant to Article 4 of Directive (EC) 2008/90.

  • 2 The CAC material shall be accompanied by a document drawn up by the supplier in accordance with the requirements laid down in Article 8 of Directive (EEC) No 93/48. If an official statement appears on the document, it is clearly separated from the rest of the content of the document.


Article 87

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  • 1 Certified propagating material of fruit plants shall comply with the requirements laid down in Articles 2, 6 and 7 of Directive (EEC) No 93/48 on or pursuant to Article 4 of Directive (EC) 2008/90.

  • 2 Vegetable Propagating Material may be certified by Nakhorticulture as prebasic material, basic material or certified material in accordance with the provisions of Article 4 of Directive (EC) 2008/90 and the conditions, mentioned in Article 4 of Directive 91 /30/90. Articles 6 and 7 of Directive (EEC) 93/48.


Article 87a

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  • 1 Without prejudice to: Articles 86 and 87 propagating material of fruit plants consisting of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive (EC) 2001/18 shall be placed on the market only if the genetically modified organism is that Directive has been authorised.

  • 2 Fruit propagating material of which derived products are intended for use as food or food within the meaning of Article 3 , whether as feed or in feed within the meaning of Article 15 of Regulation (EC) 1829/2003, the food or feed of which is authorised under that Regulation is placed on the market only.


Article 88

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  • 1 Propagating Material of fruit plants shall be marketed only if it belongs to a variety which is protected by plant variety rights, which has been admitted or which has been admitted as a general public pursuant to Article 7 (2) (c) of Directive (EC) 2008/90 shall be considered.

  • 2 Propagating material of fruit plants shall be marketed by reference to the variety to which it belongs. If, in the case of sublogs, the material does not belong to a variety, reference is made to the species in question or to the interspecific hybrid concerned.

  • 3 The reproductive material complies with the relevant plant pathological requirements, mentioned in Directive (EC) No 2000/29 .


Article 89

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During the growth, grubbing or removal of slips from the basic material, propagating material shall be kept in separate batches.


Article 90

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  • 1 Where propagating material of different origin is pooled or mixed with packaging, storage, transport or supply, the supplier shall keep a register as to the composition of the lot and the origin of the constituent parts.

  • 2 Without prejudice to the first paragraph, propagating material shall be placed on the market only in sufficiently homogeneous lots.


Article 91

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  • 1 Fruit Plant Propagating Material shall comply with the requirements laid down in Article 9 of Directive (EC) 2008/90 or in accordance with the requirements laid down in Article 8 of Directive (EEC) No 93/48 on fruit plants.

  • 2 In the case of the supply of fruit plant propagating material by a retailer to a non-professional final consumer, the rules provided for in paragraph 1 may be limited to the necessary information concerning the product.

  • 3 In the case of propagating material of a genetically modified variety, labels and accompanying documents presented on the basis of the first paragraph shall clearly indicate that it is a genetically modified variety and shall be genetically modified. Modified organisms.


Article 91a

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  • 1 Fruit propagating material as referred to in Article 21 of Directive (EC) 2008/90 may be placed on the market in the Netherlands until 31 December 2018.

  • 2 The reproductive material referred to in paragraph 1 shall be identified by reference to Article 21 of Directive (EC) 2008/90 on the label or document.


§ 5. Ornamental plants

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Article 92

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The supplier of propagating material of ornamental plants shall meet the requirements laid down in Articles 7 and 8 of this Regulation. Directive 98/56 .


Article 93

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  • 1 Ornamental propagating material placed on the market fulfils the requirements laid down in Article 5 of this Regulation. Directive 98/56 .

  • 2 The reproductive material complies with the relevant plant pathological requirements, mentioned in Directive (EC) No 2000/29 .

  • 3 Reproductive Material that is not practically free from harmful organisms on the basis of visible signs or symptoms, shall be treated appropriately or, if necessary, removed.


Article 94

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  • 1 Ornamental propagating material shall be placed on the market together with a document or label put up by the supplier.

  • 2 The label or document referred to in paragraph 1 shall comply with the requirements laid down in Article 2 of this Regulation. Directive (EC) No 99/66 .


Article 95

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  • 1 Propagating Material shall be placed on the market. Propagating material of different lots may be placed on the market in a consignment, provided that the supplier keeps records of the composition and origin of the various lots.

  • 2 The first paragraph shall not apply to propagating material placed on the market for persons who are not engaged in the production or sale of ornamental plants or propagating material.


Article 96

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  • 1 Propagating Material may be placed on the market only with a reference to the variety if the variety concerned meets the requirements laid down in Article 9 of this Regulation. Directive 98/56 .


§ 6. Marketing of seed of varieties of vegetable species

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Article 96a

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  • 1 Seed of varieties of vegetable species shall be marketed only if it satisfies the requirements of Article 14 of Directive (EC) 2009/145, and:

    • a. Nakhorticulture has been approved as certified seed of a conservation variety in accordance with Article 10 of Directive (EC) 2009/145; or

    • (b) complies with the requirements of Article 11 of Directive (EC) 2009/145 for standard seed.

  • 2 The Minister may approve, in accordance with Article 14 (2) of Directive (EC) 2009/145, areas outside the territory of origin where seed of vegetable conservation varieties may be marketed.


Article 96b

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Seed of vegetable species conservation varieties shall be produced exclusively in the region of origin of the product concerned. Article 12a, fifth paragraph, of the Council's Employment Council for plant varieties .


Article 96c

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In accordance with Article 12 of Directive (EC) 2009/145, the supplier of seed of a vegetable conservation variety shall, in accordance with Article 12 of Directive (EC) 2009/145, verify whether the reproductive material of conservation varieties complies with the requirements of Article 10 (11) of Directive 90/125 of the Directive (EC) No 514/75


Article 96d

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Under Article 15 of Directive (EC) 2009/145, horticulture may determine the maximum quantity of seed of vegetable species to be placed on the market every year.


Article 96e

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  • 1 Annually reporting suppliers producing seed of vegetable seed conservation varieties prior to the growing season shall indicate the size and location of the area in which seed of those conservation varieties is grown.

  • 2 On the basis of the information obtained, Nakhorticulture may, subject to the second paragraph of Article 16 of Directive (EC) 2009/145, maximise the quantity of seed to be marketed in the marketing year in question, by supplier.


Article 96f

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Suppliers shall report to Nakhorticulture annually for the start of the growing season the quantity of seed marketed of each vegetable species of the vegetable conservation variety.


Article 96g

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Packages of seed of varieties of vegetable species shall comply with the requirements laid down in Articles 17 and 18 of Directive (EC) 2009/145.


§ 7. The marketing of varieties of vegetable species developed for growing under special conditions.

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Article 96h

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  • 1 Propagating Material of varieties of vegetable species developed for growing under special conditions shall be marketed only if it complies with the requirements of Article 26 of Directive (EC) 2009/145.

  • 2 The supplier of propagating material of vegetable species developed for growing under special conditions shall, in accordance with Article 27 of Directive (EC) 2009/145, verify whether the propagating material of those varieties complies with the requirements of Article 26 of Directive (EC) 2009/145.


Article 96i

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Propagating material of varieties of vegetable species developed for growing under special conditions shall only be placed on the market in packages which do not exceed the maximum net weight laid down in Annex II to Directive (EC) 2009/145.


Article 96j

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Suppliers shall report to Nakhorticulture annually for the start of the growing season the quantity of propagating material of each variety developed for growing under special conditions of a vegetable crop.


Article 96k

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Packages of propagating material of varieties of vegetable species developed for growing under special conditions shall comply with the requirements laid down in Articles 29 and 30 of Directive (EC) 2009/145.

Chapter 6. Marketing of propagating material of forest plants

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Article 97

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The supplier of forest plants shall meet the requirements laid down in Article 16, third paragraph, of Directive (EC) No 99/105 .


Article 98

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Propagating material shall be placed on the market only if it comes from a variety or insurrection accepted and entered in the register of varieties or registered in a Member State of the European Communities, Established common list of varieties or rebellions.


Article 99

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  • 1 Propagating Material of the species listed in Annex I of this Regulation Directive (EC) No 99/105 , shall not be placed on the market unless:

    • a. to the category of known origin belongs and meets the requirements, listed in Annex II of Directive (EC) No 99/105 ;

    • b. To the category 'selected' belongs and meets the requirements, listed in Annex III to this Regulation. Directive 1999 /105/EC ;

    • c. belonging to the 'qualified' category and meets the requirements set out in Annex IV to this Regulation. Directive (EC) No 99/105 ;

    • d. To the category 'tested' belongs and meets the requirements, listed in Annex V to this Regulation. Directive (EC) No 99/105 .

  • 2 Reproductive Material of Annex I of Directive (EC) No 99/105 Artificial hybrids referred to shall not be placed on the market unless:

    • a. To the category 'selected' belongs and meets the requirements, listed in Annex III to this Regulation. Directive (EC) No 99/105 ;

    • (b) belonging to the 'qualified' category and meets the requirements of Annex IV to this Regulation. Directive (EC) No 99/105 ;

    • c. To the category 'tested' belongs and meets the requirements, listed in Annex V to this Regulation. Directive (EC) No 99/105 .

  • 3 Reproductive material of the species and artificial hybrids reproduced in Annex I of this Regulation Directive (EC) No 99/105 , shall not be placed on the market unless:

    • a. belonging to the category 'selected' meets the requirements set out in Annex III to this Regulation. Directive (EC) No 99/105 and is grown en masse from seed;

    • (b) belonging to the 'qualified' category and meets the requirements of Annex IV to this Regulation. Directive (EC) No 99/105 ;

    • c. To the category 'tested' belongs and meets the requirements, listed in Annex V to this Regulation. Directive (EC) No 99/105 .

  • 4 Reproductive material of the species and artificial hybrids consisting of, or consisting of, genetically modified organisms listed in Annex I of this Regulation Directive (EC) No 99/105 , shall be marketed only if it belongs to the category 'tested' and meets the requirements set out in Annex V to this Regulation. Directive (EC) No 99/105 .


Article 100

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Propagating material obtained from the various types of starting material shall be included in the categories listed in Annex VI of this Regulation. Directive (EC) No 99/105 Put on the market.


Article 101

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Forest reproductive material of the species and artificial hybrids listed in Annex I of this Regulation Directive (EC) No 99/105 , shall not be placed on the market unless it is subject to the relevant requirements, listed in Annex VII of this Regulation. Directive (EC) No 99/105 -That's right.


Article 102

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  • 1 Reproductive Material of forest plants shall be marketed only in consignments which comply with the requirements laid down in Article 13 of this Regulation. Directive (EC) No 99/105 and they are accompanied by a label or other document from the supplier.

  • 2 The label or document referred to in paragraph 1 shall meet the requirements laid down in Article 14, first paragraph, of Directive (EC) No 99/105 .

  • 3 In the case of seeds of forest crops, the label or document referred to in paragraph 1 shall meet the requirements set out in Article 14, first and second paragraph, of Directive (EC) No 99/105 .

  • 4 In the case of Populus spp. planting parts shall only be placed on the market if on the label or in the supplier's document the EC classification number, listed in Annex VII, Part C, second paragraph, of part B, of Directive (EC) No 99/105 shall be entered.

  • 5 If a coloured label or document is used for any category of forest reproductive material, the colour shall be:

    • a. In the case of propagating material 'of known origin' yellow;

    • b. In the case of 'selected' propagation material green;

    • c. In the case of 'certified' material pink;

    • d. In the case of 'tested' propagating material blue.

  • 6 In the case of forest reproductive material derived from source material consisting of genetically modified organisms, it shall be clearly stated on all official and other labels and documents for the lot.


Article 103

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Seed units shall only be placed on the market in closed packages. The closing mechanism shall be unusable when the packaging is opened.


Article 104

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Forest reproductive material complies with the phytosanitary conditions mentioned in: Directive (EC) No 2000/29 .


Article 105

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  • 1 Nakhorticulture shall issue, after the harvest of reproductive material derived from authorised basic material, a basic certificate stating that the specific register entry and the relevant data, listed in Annex VIII of this Regulation, are given in: Directive (EC) No 99/105 It contains.

  • 2 In the case of further vegetative propagation in accordance with Article 13, second paragraph of Directive (EC) No 99/105 A new base certificate is issued.

  • 3 In the case of mixture of propagating material, the entries of the components of the mixture shall remain identifiable. A new basic certificate or other document identifying the mixture shall be issued for the mixture.


Article 106

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The supplier of marketing units which are not placed on the market for forestry purposes shall notify Nakhorticulture accordingly.

Chapter 7. Rates

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§ 1. Imposition and recovery

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Article 107

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  • 1 The obligation to pay a sum of money shall be fixed in an invoice.

  • 2 The invoice must, in any event, indicate:

    • a. The amount of money to be paid;

    • b. the operations to be carried out or carried out by the inspection body, as referred to in Article 21, first paragraph, of the Act ;

    • (c) the period within which the payment must take place.


Article 108

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The cost of payment shall be borne by the supplier.


Article 109

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  • 1 Payment to pay for the payment of a certain amount of the debt shall, first and second, deduct the costs, then deduct the interest entered and finally deduct the principal and accrued interest.

  • 2 If a supplier has different cash debts to the inspection body, the supplier may designate upon payment the debt to which the payment must be paid.


Article 110

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  • 1 The assessment body may grant the supplier a deferral of payment.

  • 2 During the period of delay, the inspection body shall not be able to mount or to recover.

  • 3 The decision to defer payment shall state the time limit for which the deferral applies.

  • 4 The assessment body may attach to the decision deferral of payment rules.


Article 111

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The assessment body may withdraw or amend the decision to defer payment

  • (a) if the rules are not complied with;

  • b. if the supplier has provided incorrect or incomplete data and the provision of correct or complete information would have led to another decision; or

  • . to the extent that changed circumstances resist the delay of the postponement.


Article 112

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The supplier shall be in default if he has not been paid within the prescribed time limit.


Article 113

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  • 1 The assessment body shall count the supplier in writing of default in writing to pay within two weeks from the day following that on which the notice was sent.

  • 2 The notice of formal notice states that in the event of a non-timely payment, it may be enforced by means of recovery measures to be made at the supplier's expense.


Article 114

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  • 1 The assessment body may charge a fee for the formal notice. The fee shall be € 6 if the debt is less than € 454 and € 14 if the debt is € 454 or more.

  • 2 The formal notice shall indicate the fee to be charged.


Article 115

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  • 1 The order of the order referred to in Article 21, fifth paragraph, of the Act shall indicate in any case:

    • a. Head of the word 'coercive order';

    • b. The amount of principal amount to be recovered;

    • (c) the decision or legal requirement arising from the payment of the debt;

    • d. the cost of the warrant; and

    • e. that it can be implemented at the supplier's expense.

  • 2 The enforcement order shall indicate, where applicable:

    • a. the amount of the charge for the charge, and

    • b. the effective date of the statutory interest.


§ 2. Rates of tariffs

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Article 116

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The rates can be adjusted periodically to take account of developments in wages and prices.

Chapter 8. Other provisions

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Article 117

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The provisions of this Arrangement shall not apply to propagating material which has been shown by the supplier to the relevant inspection body that the propagating material is intended for export to third countries.


Article 118

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An amendment to the Directives, mentioned in Article 1 , the application of this scheme shall be valid from the date on which the relevant amending Directive is to be implemented.


Article 119

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  • 1 Suppliers on the basis of the Call decision N.A.K. are affiliated to NAK, are entered in the register referred to in Article 7 . Suppliers who, in the opinion of NAK also meet the requirements, mentioned in the Articles 9 to 12 on the recognition of the entry in the register of the entry into force of the entry into force of the entry into force of the said procedure, Article 7 .

  • 2 Suppliers on the basis of the Area of the Nakhorticulture Agreement are affiliated to Nakhorticulture and who meet the judgment of Nakhorticulture meet the requirements, mentioned in the Articles 2 and 3 , shall be entered in the Register, as from the date of entry into force of this Arrangement, from the date of entry into force of this Regulation. Article 7 . Suppliers who, in the judgment of Nakhorticulture, also meet the requirements, mentioned in Article 13 on the recognition of the entry in the register of the entry into force of the entry into force of the entry into force of the said procedure, Article 7 .


Article 120

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The following arrangements shall be repealed:


Article 121

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This arrangement is cited as: Settlement of propagating material.


Article 122

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This arrangement shall enter into force at the time of its entry into force. Decision enters into force.

This arrangement will be set out in the Official Journal.

The

Minister

Agriculture, Nature and Food Quality,

C.P. Veerman