Work Council Scheme For Plant Varieties

Original Language Title: Regeling werkzaamheden Raad voor plantenrassen

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Arrangement of the Minister of Agriculture, Nature and Food Quality of 16 January 2006, No TRCJZ/2006/99, laying down rules for the work of the Council for plant varieties (Council for Plant Variety Activities)

The Minister for Agriculture, Nature and Food Quality,

Having regard to the articles 6, second, third, and fourth members, 49, seventh member , and 72 of the Seeds and Plant Law 2005 and having regard to Article 1, part e, 7, first and second member, 8, 9, first and third member, 12, third member, 16, third member, 17, 19, second member, 22, second member, and 23 of the Decision of the Council for Plant Variety Activities;

Decision:

Chapter 1. General provisions

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Article 1

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Article 1a

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This arrangement is co-based on Article 14 of the Framework Law, independent administrative bodies.

Chapter 2. The Racial Register

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Article 2

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  • 3 As far as races are allowed in accordance with the Articles 8 and 10 of the decision , the technical examination for determining the culture and use value aspects is performed upon request and at the cost of the applicant until permission.

Chapter 3. The acceptance of varieties and uprisings

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Article 3

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The vegetable crops specified in article 8, first paragraph, of the decision, is the crops listed in Article 2, first paragraph, part b, of Directive (EC) 2002/55.


Artikel 3a

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The fruit crops specified in Article 8a of the Decision, the crops listed in Annex 1 to Directive (EC) 2008/90.


Article 3b

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  • 2 If the requester provides information to the request from which the applicant is the Council is found that the conditions referred to in paragraph 1 have been met without any technical examination.


Article 3c

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  • 1 By way of derogation from Article 3b , a variety of a fruit crop as referred to in Article 3a, of which propagating material has already been placed on the market in the Netherlands before 30 September 2012, if the Council considers that the variety complies with the provisions of Article 7 (4) of Directive (EC) 2008/90 for such varieties.

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  • 2 By way of derogation from Article 17 , the fee for the admission of the varieties as specified in the first member, € 0.


  • Article 4

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    The agricultural crops specified in article 9, first paragraph, of the decision, the crops listed in the first paragraph of Article 1 of the Directive (EC) 2002/53.


    Article 5

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    • 2 As an uprising of known origin, only native uprisers are listed as intended In Article 2 (d), sub-part (i) of Directive 1999/105, consisting of at least 30 individuals of the same sex authorised.


    Article 6

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    Article 8, third paragraph, of the Decision applies to the admission of chicory varieties to the industry.


    Article 7

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    • 1 The person who has declared in connection with the application for admission of a vegetable variety variety, an agricultural crop, to maintain the variety in question. An administration which enables maintenance to be monitored at any time.

    • 2 In this administration, data are available included in the production of all previous generations to the basic seed or basic seed potatoes.


    Article 8

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    • 2 The admission of a variety or an uprising is revoked where the consent to place that material on the market is revoked.


    Article 9

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    For varieties of vegetable crops the seed of which can only be checked as standard seed, research carried out by the applicant and practical experience gained from cultivation shall be taken into account in conjunction with the results of an examination carried out by a The designated institution as referred to in Article 16, third paragraph, of the decision.


    Article 10

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    • 1 The survey, referred to in article 16 of the decision, is performed in breeds of vegetable crops. in accordance with the rules set out in Annex I or Annex II to Directive 2003/91as regards the determination of distinctness, stability and homogeneity of the provisions of those Annexes crops where:

      • -all the varietal characteristics listed in the requirements set out in Annex I, or

      • -the the variety characteristics identified by an asterisk, as set out in the requirements referred to in Annex II, are taken into account.

    • 2 Technical research, referred to in Article 16 of the Decision, shall be carried out in the case of varieties of vegetable crops not listed in the Annexes referred to in the first paragraph, as regards the determination of distinctness, stability and uniformity, carried out in accordance with the protocols established for the relevant crops referred to in the href=" /jci1.3 :c:BWBR0019209&item=18 &g=2016-07-09&z=2016-07-09"> article 18 of the decision.


    Article 10a

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    The investigation, specified in article 16 of the Decision, is performed in varieties of fruit plant varieties according to:

    • a. protocols for distinctness, stability and uniformity established by the Community Plant Variety Office of the European Union as applicable at the start of the technical examination or, if no protocols, have been determined for the type

    • b. the test guidelines for the implementation of the international Union's distinctness, stability and homogeneity investigation for the protection of new plant varieties as applicable at the beginning of the examination or, if no guidelines have been established for the relevant species,

    • c. the protocols prepared for the crop concerned, specified in article 18 of the decision.


    Article 11

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    • 1 The technical examination, referred to in article 16 of the decision, is performed in varieties of agricultural plant species according to:

      • a. the requirements laid down in Annex I or Annex II to Directive 2003/90 as regards the determination of distinctness, stability and homogeneity of the crops listed in those Annexes, where:

        • -all the varietal characteristics listed in the requirements, referred to in Annex I, or

        • -the rules referred to in Annex II, marked with asterisk (s) indicated with an asterisk, and

      • b. the requirements set out in Annex III of Directive 2003/90 concerning the characteristics to be used for the purposes of examining the value of culture and use.

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  • 2 The technical examination referred to in Article 16 of the decisionis used in varieties of agricultural plant species not listed in the Annexes referred to in paragraph 1 (a), in respect of the determination of distinctness, stability and uniformity, in accordance with the conditions applicable to the relevant crops Protocols specified in Article 18 of the decision.


  • Article 12

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    The Council may review the base an application for acceptance of a variety or for the grant of plant variety rights on an examination as referred to in Article 19 of the Decision if:

    • a. the examination on which the report to be taken is based, shall be carried out, shall be carried out, or has been carried out on the instructions of another Union State State-State Racial Or Plant Variety Authority;

    • b. the Council has approved the establishment, in charge of the technical examination provided for in Article 35, first paragraph, parts a, b and c, as a research institution for the relevant crop, and class="li">

      c. the requester indicates that the identity sample that will be examined is examined, or has been investigated in the application in the Netherlands.


    Article 12a

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    • 1 A conservation variety will be allowed if the Council, taking into account the basic characteristics for agricultural crops referred to in Article 4 (2) of Directive (EC) No 2008/62, is for vegetable species referred to in Article 4, second paragraph, of Directive (EC) 2009/145, on distinctness, stability and uniformity, the following shall be considered:

      • a. the variety concerned, according to research or knowledge, obtained by practical experience during cultivation, multiplication and use:

        • 1 °. is sufficiently clearly distinguiseated from each other conservation variety originating in the region of origin,

        • 2 °. sufficiently homogeneous, and

        • 3 °. sufficiently resistant;

      • b. the variety concerned, according to the information available to the Council, is important for the conservation of plant genetic resources;

      • c. the variety concerned is maintained in its area of origin, and

      • d. the description and designation of the variety concerned with regard to agricultural crops meets the requirements of Directive (EC) 2008/62 and the requirements of Directive (EC) 2009/145 as regards vegetable species.

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  • 2 If homogeneity is determined on the basis of different types, a population standard of 10% and an admission probability of at least 90% will be used. applied.

    • 3 A variety is sufficiently resilient if it has been proven that the characteristic properties remain unchanged after consecutive propagation.

    • 4 The Council may establish protocols with respect to the requirements for the documentation associated with a request to admission as a conservation variety, in order to enable the Council to assess the application to the requirements referred to in the first, second and third members.

    • 5 For an admission as referred to in the first paragraph, the Council shall, in the race register, enter the Netherlands as an area of origin


    Article 12b

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    To become a conservation variety Not allowed if:

    • a. the variety in the common catalogue of varieties referred to in Article 1 of Directive 2002/53 or in the common catalogue of varieties referred to in Article 3, third paragraph, of Directive 2002/55 is listed as different varieties other than those listed in Article 1 of Directive 92 /30 (2) of Directive 92 /30 (2) of Directive 92 /30 (2) of conservation variety;

    • b. the variety of the common catalogue of varieties has been removed within the last two years;

    • c. the second paragraph of Article 15 of Directive 2002/53, second paragraph, of Directive (EC) 2002/55, which expired less than two years ago, or.

    • d. the variety shall be protected by Community plant variety rights as provided for in Regulation No Having regard to Council Directive No 2100 /94/EC of 27 July 1994 on Community plant variety rights (PbEG L 227), or by national plant variety rights, or to apply for that purpose.


    Article 12c

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    • 1 A variety of varieties developed for growing under particular conditions shall be authorised if the Council, having regard to the basic characteristics referred to in Article 22, second Member, of Directive (EC) 2009/145 on distinctness, stability and uniformity, considers that:

      • a. the variety concerned, according to research or knowledge, obtained by practical experience during cultivation, multiplication and use:

        • 1 °. is sufficiently clearly distinguiseated from each Other variety developed for growing under special conditions;

        • 2 °. sufficiently homogeneous, and

        • 3 °. sufficiently resistant;

      • b. the variety concerned shows that the information available to the Council does not have an intrinsic value for the commercial production of crops but has been developed for cultivation under special agricultural technical, climatic or soil circumstances;

      • c. the description and designation of the variety concerned complies with the requirements of Directive (EC) 2009/145.

    • 2 Where homogeneity is determined on the basis of different types, a population standard of 10% and an admission probability of at least 90% shall be applied.

    • 3 A variety is sufficiently resilient if it has been shown that the characteristic properties remain unchanged after consecutive multiplication.

    • 4 The Council can establish protocols relating to the requirements of the documentation associated with an application for admission as for cultivation under variety developed, to enable the Council to assess the application to the requirements specified in the first, second and third members.


    Article 12d

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    One for cultivation under special Race developed conditions shall not be allowed if:

    • a. the variety in the common catalogue of varieties referred to in Article 3 (3) of Directive 2002/55 is listed as different varieties other than variety developed for growing under particular conditions;

    • b. the variety of the common catalogue of varieties carried out within the last two years;

    • c. the period applicable under Article 15, second paragraph, of Directive 2002/55, is less than two years ago elapsed, or

    • d. the variety shall be protected by Community plant variety rights as provided for in Regulation No Council of the European Union of 27 July 1994 on Community plant variety rights (PbEG L 227), or by national plant variety right or by application.


    • Article 129,994 of the European Parliament and of the Council of the European Communities

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      • 1 When determining the name of conservation varieties and varieties developed for growing under special conditions that were known before May 25, 2000, may be deviated from Regulation No Commission Regulation (EC) No 637/2009/EC of 22 July 2009 laying down detailed rules for the application of the suitability of variety denominations for agricultural and vegetable species (PbEU L 191).

      • 2 The Council may allow more than one name for a conservation variety if the relevant names for that variety are traditionally known.

      Chapter 4. Breeder's right

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      Article 13

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      • 1 The use of harvested material, referred to in article 22 of the decision, is allowed if the grower is on the holder of the breeder's right before 15 May of the calendar year in which the cultivation using harvested material is harvested, at least data relating to:

        • a. the name and address information of the company;

        • b. The variety which the producer has sown the most harvested material, has, respectively, spawked,

        • c. the weight of the harvested material that has been sown or padded, and

        • d. the area sown or potable with the most harvested material.

      • 2 The grower is for the use of the harvested material the holder of the plant variety right to receive a reasonable fee.

      • 3 The reasonable fee referred to in the second paragraph shall be:

        • a. for the crop potato 60%, and

        • b. for cereals, at least 60% for cereals

        of the compensation payable in trade for the use of a licence for the variety concerned, unless the holder of the plant variety right and the grower otherwise match.


      Article 14

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      For the following varieties the duration of the plant variety right 30 years:

      • a. Varieties of crop potato, strawberry, acacia, anthurium, apple, es, esdoorn, elves, cherry, shortness, crate, thrush, linde, magnolia, pear, poplar, plum, and willow.

      • b. Varieties of bulb crops referred to in Annex II of the Agricultural Quality Scheme 2007, as well as freesia and nerine.

      Chapter 5. Applications and requests to the Council for plant varieties:

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      Article 15

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      • 1 Requests as referred to in the Articles 36, 55, first member, and 85 of the law shall be submitted using a form made available by the Council, completed and signed by the Council which provides one or more relevant description sheets are attached.

      • 2 In the description provided by the applicant the variety is also described as the way in which the variety has been bred or has been discovered and developed.

      • 3 Upon application, if applicable, at the request of the Council, representative colour photograph provided.

      • 4 The description of how the variety was farmed and the description provided by the applicant discovered and developed, is considered to be confidential information to the Council.


      Article 16

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      • 1 A license request as referred to in Article 62 of the Act has been reasoned and contains:

        • a. the conditions under which the applicant wishes to obtain the licence,

        • b. where possible, the conditions under which the holder of the breeder's right is willing to grant the licence; and

        • c. the name of the variety and the name of the crop to which the variety belongs.

      • 2 The Council shall forward a copy of the request to the holder of the plant variety right to respond to within a The period laid down by the Council.

      • 3 The Council may extend the period referred to in the second paragraph, and the applicant and the holder of the breeder's right giving the opportunity to give written explanations in writing.

      Chapter 6. Rates

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      § 1. Rates for work Council for plant varieties:

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      Article 17

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      • 1 To treat a request:

        • a. granting a plant variety right as referred to in Article 55 of the Actshall be payable to the Council by a sum of € 434;

        • b. authorising a variety as referred to in Article 36 or 85 of the Act, the applicant shall be paid to the Council from € 434 for a variety of horticultural crops and € 588 for a variety of an agricultural crop;

        • c. until both the grant of plant variety right for a variety as referred to in (a) as the admission of the same variety as referred to in point (b), provided that the applications have been submitted simultaneously, the applicant shall be charged to the Council with an amount of € 434 for a variety of horticultural crops and € 588 for a variety of an agricultural crop.

    • 2 If application to plant variety right and admission of the same breed of a horticultural crop occurs during the same cultivation period and not The requester has been submitted to the Council for the last application submitted to the Council of € 56.

    • 3 Where an application for plant variety rights and acceptance of the same variety of an agricultural crop is carried out in the same growing period and have not been submitted simultaneously, the applicant shall, for the last application submitted to the Council, be chargeable from € 154.

    • 4 The first member does not apply to any request that follows immediately and enters the place of the first application for the variety concerned, if the last application for the variety in question is deemed to have been withdrawn or rejected as a result of defects in the entry of the identity sample.

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  • 5 By way of derogation from the first member, the applicant for the examination of an application for admission of a conservation variety to the Council shall be a Amount due from € 42.

    • 6 The amounts referred to in the first and second paragraphs shall be paid to the Council in advance of payment met.


    Article 18

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    • 1 A holder of a breeder's right and a variety registered in the Racial Register of a variety is present for each year or part thereof. For a fee of € 0.

    • 2 The holder of a breeder's right also registered as a maintainer in the For each year or part of the register, the register shall be paid to the Council by a sum of € 0.

    • 3 The fees, in the first and second paragraphs, in the case of advance payment due from the first day of the month following that in which the plant variety right or the maintenance in the register of varieties is registered.


    Article 19

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    Article 18 does not apply to a conservation holder of a potato variety registered solely based on data from the test body as such.


    Article 20

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    • 1 If not paid within fourteen days of the date referred to in Article 18, third paragraph, it will be the relevant conservation holder has been reminded by the Council of its commitment to payment by registered letter.

    • 2 The registration of a conservation holder in the register of varieties shall be removed from the law once a period of six months has elapsed since the fee referred to in Article 18, first paragraph, has become due without it being paid paid is.


    Article 21

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    • 1 If the investigation, referred to in Article 35, first paragraph, part a, of the law, will be implemented by a Dutch research institution, is due by cultivation period, as included in Annex 1 to this scheme for the crop group to which the relevant variety belongs, increased by the applicable rate of VAT where the research institution is required to lift it.

    • 2 If the research, referred to in Article 35, first paragraph, part a, of the Act, will be carried out by a foreign research institution, is by cultivation period an amount Due equal to the fee charged by the relevant institution for that survey.

    • 3 The Council publishes periodically the amount of the fees referred to in paragraph 2.

    • 4 The fees referred to in the first and second paragraphs, due to the first growing period, the remuneration provided for in Article 17shall be met at the same time. Fees due for second and subsequent cultivation periods shall be paid within a time limit set by the Council.

    • 5 The first paragraph shall not apply where the Council has authorized the examination to be carried out on behalf of the applicant in the case of an institution designated by the Council.

    • 6 If the Council decides on an application for a particular examination of the study, the amount referred to in the first or second member shall be increased by an amount of height of the additional costs associated with it, the amount to be paid within the time limit set by the Council.


    Article 22

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    • 2 The fee referred to in paragraph 1 shall be met simultaneously with the fee referred to in article 17.

    • 3 If it is not possible, the intention is intended to be the first member, to be realised, shall apply, under the amount set out in paragraph 1, Article 21 , except that the amount due for the first cultivation period shall be within one of the Deadline set must be met.


    Article 22a

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    • 3 The fee, referred to in the first member, is met concurrently with the fee referred to in Article 17.


    Article 23

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    Where the Council at the request of the applicant and on the basis of the information received from the applicant following the beginning of the examination provided for in Article 35 (1) (a), (b) and (c) of the Act By way of derogation from the amounts referred to in Article 21 first and second paragraphand Article 22, first paragraph, a further examination may be made by way of derogation from the amounts actually granted cost of that survey will be charged.


    Article 24

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    • 1 Where an application is withdrawn or rejected before the survey is intended to be used in article 35, first paragraph, part a, of the law, is caught during a cultivation period, the amount paid for the investigation during the cultivation period to be caught. ingevolgeArticle 21, first or second member, refundable.

    • 2 Where a An application shall be withdrawn or rejected before the examination referred to in Article 19 of the Decision has been carried out during a growing period, the amount of the application for the investigation during the period of cultivation to be caught, paid under Article 22, first paragraph, refundable.


    Article 25

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    • 1 If the Board for the assessment of an objection to its decision is a continuation of research, specified in article 35, first paragraph, part a, of the law, Article 23 shall apply mutatis mutandis with the understanding that it is Amount due for the first period of cultivation within the time limit set by the Council.

    • 2 The following The first paragraph of the payment is refunded if the objection is declared valid.


    Article 26

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    • 2 Without prejudice to the first paragraph, the person at whose request it The opinion referred to in paragraph 1 shall be given within a period specified by the Council and shall be subject to an amount corresponding to the costs of the research carried out for the purpose of that opinion.


    Article 27

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    For the handling of a request to supplement the description referred to in Article 31 (a) of the Act shall be subject to an amount of € 70,-.


    Article 28

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    For the An entry of a licence application by the Council as referred to in Article 62 of the Act shall be subject to an amount of € 23,-.


    Article 29

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    For the registration of a transfer instrument referred to in Article 65 (4) of the Act as well as from the transfer of the right by a loss relating to a variety due from € 23.


    Article 30

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    For each enrollment in the race register of

    • a. a license,

    • b. the minutes of seizure of a breeder's right,

    • c. the title indicating the removal of the herd,

    • d. the title proving the sale of an seized plant variety right, or the title of the contract, or the title of the contract.

    • e. Other documents, which have been requested by the interested party, shall be subject to a sum of € 23.


    Article 31

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    If requested by request the applicant, the holder of the breeder's right, a maintainer or their successors are required to modify, improve or supplement the information entered in the register is, in so far as such amendment, improvement or supplement no special rate has been given, an amount of € 8 payable per registered variety.


    Article 32

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    • 1 For the provision of a certified copy or certified extract from the registry, an amount of money is due per page. € 4.

    • 2 The Council may provide copies or extracts free of charge to committees or institutions, which are involved in the the implementation of the law, as well as the authorities responsible for the granting of plant variety rights or rassentoelating in Union States.


    Article 32a

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    The amounts, listed in the Articles 17, 18, 22, 26 , and 27 to 32has been completed with the applicable VAT rate, if the office referred to in Article 3, fourth paragraph, of the The law is required to lift it.


    Article 33

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    The in this paragraph, rates are periodically adjusted to the evolution of wages and prices.


    § 2. Interpretation and collection

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    Article 34

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

    • 2 The invoice is in any case:

      • a. Sum of money to be paid;

      • b. the actions to be performed or carried out by the Council as referred to in Article 6, second paragraph, of law;

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


    Article 35

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    The cost of Payment will be made from the debtor.


    Article 36

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    • 1 Payment to satisfy a certain amount of money debt is primarily to deduct the cost, then to reduce the amount of money that is to be paid. interest rate and finally, deduction of principal and accrued interest.

    • 2 If a debtor has several owe money to the Council, the debtor may assign to the payment the debt to which the payment is to be paid.

    • 3 The debtor is not empowered to forgo the claim of the creditor would be null and void.


    Article 37

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    • 1 The Council may grant the debtor deferral of payment.

    • 2 During the deferral, the Council cannot mount or request.

    • 3 The disposition deferral of payment shall state the period for which the deferral applies.

    • 4 The Council may adopt the decision to postpone the payment. Connect payment requirements.


    Article 38

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    The Council may withdraw or modify the decision to defer payment

    • a. if the rules are not complied with;

    • b. where the debtor has provided incorrect or incomplete information and the provision of correct or complete information would have led to another decision, or

    • c. to the extent that changed circumstances Do not continue with the delay.


    Article 39

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    The debtor is in failure if he has not paid within the prescribed time limit.


    Article 40

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    • 1 The Council is the debtor who is in default in writing to pay for payment within two weeks from the day following that on which the letter of formal notice was taken. has been sent.

    • 2 The notice indicates that in the case of non-timely payment, it can be enforced by cost of debtor out of the recovery measures.


    Article 41

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

    • 2 The a maning mentions the fee charged.


    Article 42

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    • 1 The coercive order referred to in Article 6, fifth paragraph, of the law is specified in Each case:

      • a. the word 'coercive command';

      • b. The amount of principal amount that is recoverable;

      • c. the decision or legal requirement from which the debt is due;

      • d. the cost of the warrant, and

      • e. that the compulsive order can be enforced at the debtor's expense.

    • 2 The order shall state, if applicable, the order of the order application:

      • a. the amount of the charge fee, and

      • b. the effective date of the statutory interest.

    Chapter 6a. Vacationing and travelling and subsistence expenses allowance

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    Article 42a

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    The members of the Board, with Exception of the President and Secretary, received for a Council meeting a vacancy rate of € 200,-per day.


    Article 42b

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    The travel and accommodation costs of Members of the Council, with the exception of the Secretary, shall be reimbursed per day of office on the basis of the Domestic Travel Order.

    Chapter 7. Other provisions

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    Article 42c

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    If a European Directive amending an Annex, listed in Article 10, first paragraph, or Article 11 (1), provides for the possibility of investigations initiated in accordance with the provisions of the The attachment that applied to the change applies, continued in accordance with that previous version of the attachment.


    Article 42d

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    A change of guidelines, referred to in Article 1, shall apply to the application of this scheme with effect from the day on which the relevant amending Directive is to be implemented.


    Article 43

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    The following arrangements will be Retired:


    Article 44

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    This arrangement will enter into force to the date of entry into force of the Royal Decree of the Seed and Plant Law 2005.


    Article 45

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    This arrangement is cited Arrangement works Council for plant varieties.

    This arrangement will be published in the State Official Gazette.

    The

    Minister

    for Agriculture, Nature and Food Quality, C.P. Veerman


    Annex 1., belonging to Article 21, first paragraphof the Code of Work Council for plant varieties

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    No

    Washing group

    Amount

      Agricultural crops  

    1

    Seed crops

    € 1,544

    2

    Vegetative multiplication crops

    € 1,855

    3

    oilseed crops

    € 1,964

    4

    Grass crops

    € 2,020

    5

    Bieten

    € 1.485

    6

    Preservation Varieties of potato crops

    € 416

    7

    Preservation Varieties of Cereals

    € 261

    8

    Other agricultural crops

    € 1,994

      Sierenals  

    9

    Living with live reference collection, glass research, long and short cultivation

    € 2,419

    10

    Live reference collection scrubbing, field survey, long and short cultivation

    € 1,979

    11

    Laundry without live reference collection, glass survey, long and short cultivation

    € 1,972

    12

    Laundry without live reference collection, field survey, long and short cultivation

    € 1,717

      Vegetable crops  

    13

    Field Survey

    € 1,882

    14

    Conservation Varieties Field Survey

    € 217

    15

    Field survey rerecording accelerated

    € 158

    16

    Field rerecording extended

    € 1,882

    17

    Survey under glass

    € 2,530

    18

    Research under glass conservation varieties

    € 339

    19

    Survey accelerated reuptake under glass

    € 388

    20

    Investigating under glass reuptake extended

    € 2,530