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Regulation of the Council for plant varieties

Original Language Title: Regeling werkzaamheden Raad voor plantenrassen

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

The Minister of Agriculture, Nature and Food Quality,

Having regard to the Articles 6, 2nd, 3rd and 4th Members , 49, seventh member and 72 of the Seeds and Plant Law 2005 and considering Article 1, part e , 7, first and second members , 8 , 9, first and third members , 12, third member , 16, third member , 17 , 19, second paragraph , 22, second paragraph , and 23 of the Decision of the Council on Plant Variety ;

Decision:

Chapter 1. General provisions

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Article 1

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  • The following definitions shall apply:

    • a. Decision: Decision of the Council for plant varieties ;

    • b. 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);

    • c. 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);

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

    • e. 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);

    • f. Directive 2002/55/EC (EC) -Directive 20002 /55/EC of the Council of the European Union of 13 June 2002 on the marketing of vegetable seed (PbEG L 193);

    • g. Directive 2002 /5/EC (EC) : Directive 2002 /56/EC of the Council of the European Union of 13 June 2002 on the marketing of seed potatoes (PbEG L 193);

    • h. 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);

    • i. Directive 2003/90 (EC) : Directive No 2003 /90/EC of the Commission of 6 October 2003 laying down detailed rules for the implementation of Article 7 of the Directive 2002 /53/EC of the Council with regard to the characteristics to be covered as a minimum by the examination of certain varieties of agricultural plant species and the minimum requirements for that examination (PbEG L 254);

    • j. Directive 2003 /9/EC (EC) : Directive No 2003 /91/EC of the Commission of 6 October 2003, laying down detailed rules for the implementation of Article 7 of the Directive 2002 /55/EC of the Council as regards the characteristics to be covered as a minimum by the examination of certain varieties of vegetable species and the minimum requirements for that examination (PbEG L 254);

    • 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);

    • (EC) 2008/62: Directive No Commission Decision 2008 /62/EC of 20 June 2008 laying down certain derogations for the admission of agricultural land varieties and varieties which have naturally adapted to local and regional conditions and which are subject to certain conditions of admission to the Community The risk of genetic erosion and the placing on the market of seed and seed potatoes of those landraces and varieties (PbEU L 162);

    • Directive (EC) 2009/145: Directive (EC) No 324/EC 2009/145 of the Commission of 26 November 2009 establishing certain derogations for the admission of land breeds and varieties of vegetables traditionally cultivated in certain areas and in certain areas and produced by genetic erosion are threatened, and of large varieties which have no intrinsic value for the commercial production of crops but have been developed for cultivation under special conditions, and for the placing on the market of seed of those landraces and breeds (PbEU L 312);

    • n. basic seed: seed as referred to in Article 2, first paragraph, part c, of Directive 2002/55/EC (EC) , in so far as vegetable crops are concerned, seed as referred to in Article 2 (b) of Directive (EC) No 66/401 as regards fodder plant seed, as referred to in Article 2, first paragraph, parts c, c bis, and d, of Directive (EC) No 66/402 in so far as the cereal seed is, for example, seed referred to in Article 2, first paragraph, part c, of Directive 2002 /24/EC (EC) as far as beet is concerned or seed as referred to in Article 2, first paragraph, parts c and d, of Directive 2002/57 (EC) in so far as it concerns oilseed and fibre plants;

    • o. Basic leg-seed: seed potatoes referred to in Article 2, introductory phrase, part b, of Directive 2002 /5/EC (EC) ;

    • Standard seed: seed as referred to in Article 2, first paragraph, part e, of Directive 2002/55/EC (EC) ;

    • q. identity sample: material intended for the purposes of the technical examination, Article 35 of the Act , to be made available to the Council, or to an institution referred to in Article 16 of the Decision ;

    • r. conservation variety:

      • 1 °. land variety of an agricultural crop;

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

      • 3 °. land variety of a vegetable crop, or

      • 4 ° variety of vegetable species, traditionally cultivated in certain areas and in certain areas,

      is being threatened by genetic erosion;

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

    • t. 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 changes;

    • u. area of origin: the area or areas in which the variety has traditionally been cultivated and to which it has been naturally adapted;

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


Article 1a

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This scheme is also based on: Article 14 of the Framework Law on independent administrative bodies .

Chapter 2. The register of varieties

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Article 2

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  • 3 In so far as varieties are admitted in accordance with the Articles 8 and 10 of the Decision the technical examination for the determination of the culture and use value aspects shall be carried out upon request and at the expense of the applicant for authorisation.

Chapter 3. Acceptance of varieties and uprisers

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Article 3

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Vegetable species, intended for Article 8, first paragraph, of the Decision , are the crops listed in Article 2, first paragraph, part b, of Directive 2002/55/EC (EC) .


Article 3a

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Fruit plants intended in Article 8a of the Decision , the crops listed in Annex 1 to Directive (EC) 2008/90 are as set out in Annex 1.


Article 3b

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  • 2 If the applicant submits to the application information showing, in the opinion of the Council, that the conditions set out in paragraph 1 are met, no technical examination shall be carried out.


Article 3c

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  • 1 By way of derogation from Article 3b becomes a breed of a fruit crop as intended 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.

  • 2 By way of derogation from Article 17 the application rate for the admission of the varieties referred to in the first paragraph shall be € 0.


Article 4

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Agricultural crops referred to in: Article 9, first paragraph, of the Decision , the crops listed in the Directives referred to in Article 1, first paragraph, shall be: Directive 2002/53/EC (EC) .


Article 5

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  • 2 As an uprising of known origin, only indigenous uprisers as referred to in Article 2 (d) of Directive 1999/105, consisting of at least 30 individuals of the same sex, shall be admitted.


Article 6

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Article 8, third paragraph, of the Decision shall apply to the acceptance of varieties of chicory for the industry.


Article 7

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  • 1 The person who has declared, in connection with the application for admission of a variety of vegetable species, an agricultural crop, to maintain the variety in question, shall keep records on which the maintenance of a variety of varieties shall be maintained by: any time can be checked.

  • 2 Data relating to the production of all previous generations to basic seed or basic seed potatoes shall be entered in the records.


Article 8

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


Article 9

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In the case of varieties of vegetable species whose seed can only be controlled as standard seed, research carried out by the applicant and practical experience gained in cultivation may be taken into account in conjunction with the results obtained. of an examination by an institution designated by the Council as referred to in Article 16, third paragraph, of the Decision .


Article 10

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  • 1 The investigation, referred to in Article 16 of the Decision , in the case of varieties of vegetable species, shall be carried out in accordance with the rules set out in Annex I or Annex II of this Regulation. Directive 2003 /9/EC (EC) , as regards the determination of distinctness, stability and homogeneity of the crops listed in those Annexes, where:

    • -take into account all the varietal characteristics set out in the rules referred to in Annex I, or

    • -the varietal characteristics specified by an asterisk, as laid down in the requirements set out in Annex II, are taken into account.

  • 2 Technical examination referred to in Article 16 of the Decision , in the case of varieties of vegetable species not listed in the Annexes referred to in the first paragraph, shall be implemented in accordance with the conditions laid down for the determination of distinctness, stability and uniformity. Protocols drawn up in accordance with Article 18 of the Decision .


Article 10a

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The investigation, referred to in Article 16 of the Decision , varieties of fruit plants shall be carried out in accordance with:

  • a. The Distinctness, stability and uniformity protocols adopted by the Community Plant Variety Office of the European Union as applicable at the beginning of the technical examination or, if no protocols, have been established for the relevant species

  • 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 guidelines have not been established for the species concerned,

  • c. Protocols drawn up for the crop in question, referred to in Article 18 of the Decision .


Article 11

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  • 1 Technical examination referred to in Article 16 of the Decision , in the case of varieties of agricultural plant species, in accordance with:

    • (a) the requirements referred to in Annex I or Annex II of this Regulation; Directive 2003/90 (EC) 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 set out in Annex I are taken into account, or

      • -the varietal characteristics specified in the requirements set out in Annex II shall be taken into account, and

    • (b) the requirements of Annex III to this Regulation; Directive 2003/90 (EC) with regard to the characteristics to be used for the purpose of examining the value of culture and use.

  • 2 Technical examination referred to in Article 16 of the Decision , in the case of varieties of agricultural plant species which are not listed in the Annexes referred to in paragraph 1 (a), for the determination of distinctness, stability and uniformity, is carried out in accordance with the conditions laid down for the purposes of the Protocols drawn up for the purpose of this Regulation Article 18 of the Decision .


Article 12

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The Council may base the assessment of an application for acceptance of a variety or for the grant of plant variety rights for the purposes of an examination as referred to in Article 2 (2). 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 order of another Member State's authority responsible for racial or plant variety rights;

  • (b) the Council, in charge of the technical examination provided for by the Council, Article 35, first paragraph, parts a, b and c , has recognised as a research institution for the relevant crop, and

  • c. the applicant shall indicate that the identity sample to be examined shall be examined, or investigated, in the application in the Netherlands.


Article 12a

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  • 1 A conservation variety shall be authorised if the Council, having regard to the basic characteristics of agricultural plant species referred to in Article 4 (2) of Directive (EC) 2008/62, is to apply to vegetable species as referred to in Article 4 (2) of the EC Treaty. of Directive (EC) 2009/145, on distinctness, stability and uniformity, of the opinion that:

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

      • 1 °. is sufficiently clearly distinguisable from any other species of conservation in the region of origin;

      • 2 °. sufficiently homogenous; and

      • 3 °. sufficiently resistant;

    • (b) the variety concerned, as evidenced by the information available to the Council, is important for the conservation of plant genetic resources;

    • (c) the variety concerned is maintained in its region 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 crops.

  • 2 If 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 shall be sufficiently resistant if it has been shown that the characteristics of the variety remain unchanged after successive multiplication.

  • 4 The Council may adopt protocols relating to the requirements of the documentation accompanying an application for admission as a conservation variety, to enable the Council to assess the application to meet the requirements set out in the first, second and second points of the Council. third member.

  • 5 In the case of an authorisation referred to in paragraph 1, the Council shall refer to the Netherlands as an area of origin in the register of varieties.


Article 12b

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A conservation variety shall not be authorised 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 included as a variety other than the conservation variety;

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

  • (c) less than two years have elapsed since the expiry of the period in force in accordance with Article 15 (2) of Directive 2002/53, second paragraph of Article 15 of Directive (EC) 2002/55, as applicable.

  • (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 a vegetable crop developed for growing under special conditions shall be authorised if the Council, having regard to the basic characteristics referred to in Article 22 (2) of Directive (EC) 2009/145, on distinctness, is to be admitted, stability and uniformity, consider that:

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

      • 1 °. is sufficiently clearly distinguisable from any other variety developed for growing under special conditions;

      • 2 °. sufficiently homogenous; and

      • 3 °. sufficiently resistant;

    • (b) the variety concerned shows that the information available to the Council has no 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 shall comply with the requirements of Directive (EC) 2009/145.

  • 2 If 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 shall be sufficiently resistant if it has been shown that the characteristics of the variety remain unchanged after successive multiplication.

  • 4 The Council may lay down protocols relating to the requirements for the documentation included in an application for authorization as a variety developed for growing under special conditions, to enable the Council to assess the application to the Council of Ministers. the requirements referred to in the first, second and third paragraphs.


Article 12d

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A variety developed for growing under particular conditions shall not be authorised 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 varieties developed for growing under special conditions;

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

  • (c) the period of expiry of the time limit applicable in accordance with Article 15 (2) of Directive 2002/55 has 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 the Council of the European Union 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 12th

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

  • 2 The Council may accept more than one name for a conservation variety if the names concerned have traditionally been known for that variety.

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 , may be authorised provided that the producer, prior to 15 May of the calendar year in which the cultivation using harvested material is harvested, provides at least data for the following:

    • a. The name and address details of the holding;

    • (b) the variety from which the producer has sown the harvested material, has, on the other hand, peeled off the variety;

    • c. The weight of the harvested material which has been sown or shelled; and

    • d. The surface area sown with the material harvested or poached.

  • 2 The producer shall, for the purposes of the use of the material harvested, pay a reasonable fee to the holder of the breeder's right.

  • 3 The reasonable fee referred to in paragraph 2 shall be:

    • a. for the crop potato 60%; and

    • b. 60% or more of cereals

    of the fee payable in trade for the use of a licence for the variety in question, unless the holder of the plant variety right and the grower agree otherwise.


Article 14

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

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

  • b. The 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 Applications as intended in the Articles 36 , 55, 1st Member , and 85 of the Act shall be submitted by means of a form submitted by the Council, completed and signed by the Council, which shall be accompanied by one or more relevant description sheets.

  • 2 The description of the variety provided by the applicant shall be used to describe the manner in which the variety has been grown, or has been discovered and developed.

  • 3 In case of application, a representative colour photograph shall be provided, where appropriate, at the request of the Council.

  • 4 The description given by the applicant of the manner in which the variety has been farmed or has been discovered and developed shall be considered as information communicated to the Council in confidence.


Article 16

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  • 1 An application for the grant of a licence as referred to in Article 62 of the Act shall state the following reasons and shall contain:

    • (a) the conditions under which the applicant wishes to obtain the licence;

    • b. where possible, the conditions under which the holder of the plant variety 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 the holder within a period specified by the Council.

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

Chapter 6. Rates

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§ 1. Rates for Council activities for plant varieties

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Article 17

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  • 1 For the examination of an application:

    • a. to grant a plant variety right as specified in Article 55 of the Act , the applicant shall be charged to the Council with an amount of € 434;

    • b. to the admission of a variety as specified in Article 36 or 85 of the Act , 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;

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

  • 2 If application for plant variety rights and acceptance of the same variety of a horticultural crop is carried out during the same growing period and have not been submitted simultaneously, the claimant shall be sent to the Council for the last application submitted. Due of € 56.

  • 3 If application for plant variety rights and acceptance of the same variety of an agricultural crop is carried out during the same growing period and have not been submitted simultaneously, the applicant shall be sent to the Council for the last application lodged. Due of € 154.

  • 4 The first paragraph shall not apply to an application which immediately follows and enters the place of the first application for the variety concerned, if this last application for the variety concerned due to defects in the entry of the Identity sample shall be deemed to have been withdrawn or rejected.

  • 5 By way of derogation from paragraph 1, the applicant shall be liable to the Council for the examination of an application for admission of a conservation variety to an amount of € 42.

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


Article 18

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  • 1 A holder of a breeder's right and a conservation maintainer of a variety registered in the catalogue of varieties shall, for each year or part thereof, owe the Council a sum of € 0.

  • 2 The holder of a plant variety right, which is also registered as a conservation holder in the Register of Interest, shall be liable to the Council for an amount of € 0 each year or part thereof.

  • 3 The allowances referred to in paragraphs 1 and 2 shall be due as 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 shall not apply to a conservation holder of a potato variety registered as such solely on the basis of data of the verification establishment.


Article 20

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  • 1 If within 14 days of the day, intended in Article 18, third paragraph , if it has not been paid, the Council of Ministers shall, by letter signed by the Council, be reminded of its obligation to pay.

  • 2 The registration of a maintainer 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 2 (1), Article 18, first paragraph , has become due without being paid.


Article 21

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  • 1 If the study, intended to be carried out in Article 35, first paragraph, part a, of the Act , will be implemented by a Dutch research institution per cultivation period, as recorded in Annex 1 This scheme for the crop group to which the relevant variety belongs, plus the applicable VAT rate where the research institution is required to lift it.

  • 2 If the investigation, intended to Article 35, first paragraph, part a, of the Act , where a foreign research institution is to be carried out, an amount equal to the fee charged by the relevant institution for that study shall be due per cultivation period.

  • 3 The Council shall periodically publish the fees referred to in the second paragraph.

  • 4 The fees referred to in paragraphs 1 and 2 of the first and second paragraphs shall be paid simultaneously with the allowance referred to in the second paragraph of this Article. Article 17 That's true. 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 of the relevant examination to be carried out by an institution designated by the Council for the purposes of the applicant's task.

  • If the Council decides in respect of an application for a particular examination of the examination, the amount referred to in the first or second paragraph shall be increased by an amount corresponding to the additional costs involved, the amount of the amount to be paid within the meaning of the first paragraph of Article 5 of the a period of time set by the Council must be fulfilled.


Article 22

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  • 2 The allowance referred to in paragraph 1 shall be met simultaneously with the allowance referred to in the first paragraph of Article 17 .

  • 3 Where it is not possible to realise the intention referred to in paragraph 1, the amount referred to in the first paragraph shall be charged to the Article 21 the amount due for the first period of cultivation within a period specified by the Council.


Article 22a

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  • 3 The allowance referred to in paragraph 1 shall be met simultaneously with the allowance referred to in the first paragraph of Article 3 (1). Article 17 .


Article 23

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In cases where the Council, at the request of the applicant and on the basis of the initiation of the investigation, is intended to Article 35, first paragraph, parts a, b and c, of the law The data received from the applicant to a further study decision may, by way of derogation from the amounts, be set out in Article 21 first and second paragraphs , and Article 22, first paragraph , the actual costs of that research will be charged.


Article 24

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  • 2 In case an application is withdrawn or rejected before it is in Article 19 of the Decision the examination referred to in a cultivation period shall be taken, the amount paid for the examination during the period of cultivation to be used, as a result of: Article 22, first paragraph , refunded.


Article 25

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  • (1) If the Council for the assessment of an objection to its decision is a continuation of research, Article 35, first paragraph, part a, of the Act , considered necessary, Article 23 mutatis mutandis, except that the amount payable for the first period of cultivation within the time limit set by the Council is to be met.

  • 2 The payment made under the first paragraph shall be refunded if the objection is duly justified.


Article 26

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  • 2 Without prejudice to the first paragraph, the person at whose request the opinion of the first paragraph is given within a period specified by the Council shall be liable to an amount corresponding to the cost of the investigation which is to be taken for the purposes of that opinion. has been run.


Article 27

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For the treatment of a request seeking to supplement the description as intended in Article 31, second paragraph, point (a) of the Act is owed an amount of € 70,-.


Article 28

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For the registration of a request for the grant of a licence by the Council as referred to in Article 62 of the Act is an amount payable of € 23,-.


Article 29

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For the registration of a deed of transfer as referred to in Article 65, fourth paragraph, of the Act as well as from the transfer of the right by the forerunation relating to a variety shall be liable to an amount of € 23.


Article 30

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For each entry in the register of varieties of

  • a. a licence,

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

  • c. the title of removal of the herd,

  • d. the title of which the sale of an seized plant variety right is established; or

  • e. Other documents, which have been requested by the interested party, shall be subject to an amount of € 23 per breed.


Article 31

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If, at the request of the applicant, the holder of the plant variety right, a conservation holder or their successors, any modification, improvement or supplement to the information entered in the register is necessary, such amendment shall, no special rate has been given, an amount of € 8 payable per registered variety.


Article 32

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  • 1 For the purposes of providing a certified copy or a certified extract from the register, an amount of € 4 shall be paid on a page-by-page basis.

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


Article 32a

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The amounts, mentioned in the Articles 17 , 18 , 22 , 26 and 27 to 32 , shall be increased by the applicable VAT rate if the Agency is referred to in the Article 3, fourth paragraph, of the Act This is to be removed.


Article 33

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The rates set out in this section are periodically adjusted to the development 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 shall be fixed in an invoice.

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

    • a. The amount of money to be paid;

    • (b) the acts to be performed or carried out by the Council as meaning Article 6, second paragraph, of the Act ;

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


Article 35

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The costs of payment shall be borne by the debtor.


Article 36

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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 debtor has several cash debts to the Council, the debtor may, upon payment, appoint the debt to which the payment must be paid.

  • 3 The debtor shall not be entitled to reckoning to the extent that the creditor would be seized on the claim of the creditor.


Article 37

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

  • 2 During the postponement, the Council may not call for or recover from it.

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

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


Article 38

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The Council may revoke or amend the decision to defer payment

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

  • (b) if the debtor has provided incorrect or incomplete information 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 39

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


Article 40

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  • 1 The Council shall count the debtor who is in default in writing to pay for payment 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 carried out at the debtor's expense.


Article 41

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  • 1 The Council 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 42

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  • 1 The order of the order referred to in Article 6, 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 the enforcement order may be enforced at the debtor'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.

Chapter 6a. Fees and travel expenses and subsistence expenses

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Article 42a

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The members of the Council, with the exception of the President and Secretary, shall receive for a Council meeting a vacancy rate of € 200 per day.


Article 42b

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Travel and subsistence expenses incurred by members of the Council, with the exception of the Secretary, shall be reimbursed on the basis of the day of office. Travel decision domestic .

Chapter 7. Other provisions

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Article 42c

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Where a European Directive amending an Annex, mentioned in Article 10, first paragraph , or Article 11, first paragraph , to this end, investigations initiated in accordance with the Annex as applicable to the amendment shall continue to be carried out in accordance with that earlier version of the Annex .


Article 42d

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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 43

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The following arrangements shall be repealed:


Article 44

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This arrangement shall enter into force on the date of entry into force of the Royal Decree. Seeds and Plant Law 2005 .


Article 45

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This scheme is cited as: Council works for plant varieties.

This arrangement will be published in the Official Journal.

The

Minister

Agriculture, Nature and Food Quality,

C.P. Veerman


Annex 1. Article 21, first paragraph Council work on plant varieties

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No

Crop Group

Amount

Agricultural crops

1

Seed crops

€ 1.544

2

Vegetatively grown crops

€ 855

3

Oilseed crops

€ 1,964

4

Grass crops

€ 2,020

5

Beet

€ 1.485

6

Conservation varieties of potato crops

€ 416

7

Conservation varieties of cereals

€ 261

8

Other agricultural crops

€ 1,994

Ornamental plants

9

Washed with living reference collection, research under glass, long and short cultivation

€ 2,419

10

Crops with live reference collection, field research, long and short cultivation

€ 1,979

11

Crops without live reference collection, research under glass, long and short cultivation

€ 1,972

12

Crops without live reference collection, field research, long and short cultivation

€ 1,717

Vegetable crops

13

Field studies

€ 882

14

Field research conservation varieties

€ 217

15

Field Survey Reuptake Accelerated

€ 158

16

Field reuptake extended

€ 882

17

Examination under glass

€ 2,530

18

Examination under glass conservation varieties

€ 339

19

Study under glass reuptake accelerated

€ 388

20

Research under glass reuptake extended

€ 2,530