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Law No. 131 Of 15 July 1997

Original Language Title:  LEGE nr. 131 din 15 iulie 1997

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LEGE no. 131 131 of 15 July 1997 to amend and supplement Law no. 75/1995 on the production, quality control, marketing and use of seed and propagating material, and the registration of agricultural plant varieties
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 159 159 of 17 July 1997



The Romanian Parliament adopts this law + Article 1 Law no. 75/1995 on the production, quality control, marketing and use of seeds and propagating material, as well as the registration of agricultural plant varieties, published in the Official Gazette of Romania, Part I, no. 150 150 of 14 July 1995, as amended and supplemented by Law no. 57/1997 , published in the Official Gazette of Romania, Part I, no. 68 of 17 April 1997, shall be amended and supplemented as follows: 1. In Article 2, after letter d), the letter d ^ 1 is inserted), which shall read as follows: "d ^ 1) publish annually or periodically, as the case may be, on the basis of studies and proposals of the bodies authorized by the Ministry List of varieties and hybrids of agricultural plants recommended to be used by agricultural producers in Romania." 2. Article 3 shall read as follows: "" Art. 3. -The definition of the specialized terms used in this law is specified in the annex, which can be modified and supplemented by the Ministry of Agriculture and Food, depending on the evolution of specialized knowledge and regulations international bodies in the field, to which Romania is a party. " 3. In Article 5, after letter d) the letter e) is inserted, which shall read as follows: "e) ensure the use of appropriate propagation methods, self-control of quality and guarantee to beneficiaries the quality, during the period of validity of the products delivered." 4. Article 9 shall read as follows: "" Art. 9. -The production of seeds from the upper biological categories, the prebasic seed and the basic seed shall lie with the natural and legal persons, specified as maintainer in the State Register of Registered Agricultural Plant Varieties, hereinafter referred to as the state register, and in the Official List of varieties and hybrids of crop plants in Romania, for that year, hereinafter referred to as the official list. " 5. Article 14 shall read as follows: "" Art. 14. -Economic agents authorized in the production, processing and marketing of seeds and propagating material may carry out imports and exports, in accordance with the internal rules and regulations of international bodies in the field, to which Romania is part. " 6. In Article 15, the introductory part and letter c) shall read as follows: "" Art. 15. -The seeds and propagating material of the varieties entered in the state register and in the official list, as well as the varieties and hybrids of agricultural plants registered in the catalogues of the European Community or in the catalogue of a Member State of the European Union They can also be imported: " " c) seed and propagating material of unregistered varieties in the state register and in the official list, originating in countries outside the European Union, which shall be multiplied by contract for export, in full, both as seed and as commercial product, in countries outside the European Union. " 7. Article 16 shall read as follows: "" Art. 16. -The export of seeds and propagating material made up of elites prior to registration shall be prohibited, with the exception of bilateral exchanges for scientific purposes. " 8. In Article 17, paragraphs 1 and 3 shall read as follows: " Quality control, issuance of quality certificates, supervision, monitoring and accreditation of economic agents seed and planting material suppliers for production, treatment, packaging, labelling, storage, storage, transport and marketing shall be made by the State Inspection for the quality of seeds and propagating material of the Ministry of Agriculture and Food, in accordance with the internal technical rules and international regulations in the matter. " " The territorial inspectorates for the quality of the seed and the propagating material shall be responsible for the authenticity and quality of the seed and propagating material, including the important ones, by the acts they issue. 9. In Article 18, paragraph 1 (d) shall read as follows: " d) develop rules and rules of control, certification and marketing, in accordance with the regulations of international bodies in the field of seeds and propagating material, to which Romania is a party, endorse the annual certification programs and follow their application. " 10. In Article 18, paragraph 1, the letter g) shall be inserted after letter f), which shall read as follows: "g) accredit natural and legal persons in the public and private sector to carry out the control and quality tests of seed and propagating material." 11. Article 18 (2) shall read as follows: " In order to carry out the control in the field, in order to certify and authorize, as well as laboratory tests, the applicant will pay the value of the benefits once the application is submitted, according to the tariffs established by the Ministry of Agriculture and Food. From the resulting amounts, the territorial inspectorates for the quality of seeds and planting material and the Central Laboratory for Seed Quality Control will use 70% for capital, material and personnel expenses. " 12. Article 19 shall be completed with a new paragraph, which shall read as follows: " The rules and technical norms of production, control, certification and marketing may also provide for other categories of seed and propagating material characteristic of different species, in accordance with the regulations of international bodies in the field, at which Romania is a party. " 13. Article 20 (1) shall read as follows: " It is admitted for control and certification: a) varieties and hybrids of agricultural plants, admitted in the state register and in the official list, and the parental forms of hybrids registered in the official list; b) varieties of the species contained in the European Community catalogues or in the catalogues of the Member States of the European Union; c) seeds and propagating material provided in art. 15 lit. c); d) the genders and species established by the Ministry of Agriculture and Food, in accordance with the regulations of international bodies to which Romania is a party. " 14. Article 21 shall read as follows: "" Art. 21. -It is forbidden to market seed and propagating material, the quality of which has not been controlled and/or certified by the State Inspection for the quality of seeds and propagating material, by the accredited supplier for the species established by The Ministry of Agriculture and Food or the corresponding authority in the country of the exporter, for import. For certain species and periods established by the Ministry of Agriculture and Food, small producers may market, on the local market, some categories of seeds and unertified propagating material, without prejudice to quarantine regulations. phytosanitary and self-guaranteed quality. ' 15. Article 22 (1) shall read as follows: " On the territory of Romania are admitted the production, marketing and use of seeds and propagating material from the varieties registered in the state register and published annually in the official list, as well as those provided in art. 20 lit. d) and art. 21 21 para. 2 2. " 16. Article 22 shall be completed with a new paragraph, which shall read as follows: " The varieties of the species contained in the catalogues of the European Community or in the catalogue of a Member State thereof shall be equivalent to the varieties registered in the state register and in the Official List of varieties and hybrids of agricultural plants grown in Romania. " 17. Article 23 shall read as follows: "" Art. 23. -The seeds and propagating material of the varieties radiated from the lists provided for in art. 22 may also be certified and marketed in the following 2 years and 3 years after deregistration, in order to liquidate existing stocks. " 18. In Article 27, letter g) shall read as follows: "g) the holder of the certificate of registration of the variety does not pay the tariffs provided by the law to verify the authenticity of the variety during the official list;" 19. In Article 28, paragraph 1 letter e) shall read as follows: "" e) carry out the annual verification of the varietal purity of the varieties multiplied by the control and certification authority; ' 20. Article 30 shall read as follows: "" Art. 30. -In order to carry out the examination of the varieties, the applicant will pay, with the approval of the registration for examination, the amounts provided for in the tariffs established by the Ministry of Agriculture and Food. From the resulting amounts, the Institute for Variety Testing and Registration will use 70% for capital and material expenses. " 21. Article 31 shall read as follows: "" Art. 31. -Varieties that meet the conditions laid down in art. 24 and 25 shall be considered registered and shall be entered in the state register and in the official list, and the breeder shall be issued by the Institute for the Testing and Registration of the Variety a certificate of registration of the variety, the validity is 20 years from the date of issue, for field crops, and for 25 years, for trees and vines. At the request of the breeder, the parental forms used in obtaining commercial hybrids may also be recorded. " 22. Article 32 (4) shall read as follows: " The right to produce and to market may be transmitted to any natural or legal person, authorized according to art. 4, which undertakes to pay to the patent holder a royalty, established by mutual agreement, of the value of the seed or propagating material sold. Failure to comply with this commitment entails the cancellation of the authorisation for the production and marketing of seed and the payment of the corresponding damages These rights may be transmitted, under the law, by sale of licenses or by divestment, the acquirer automatically becoming a maintainer. " 23. Article 33 shall read as follows: "" Art. 33. -For the varieties registered before the entry into force of Law no. 64/1991 on patents, the certificate of registration of the variety gives the holder the exclusive right to produce and market the seed of the breeder, the prebasic seed and the basic seed and to benefit from the royalty for certified seed produced and marketed. ' 24. Article 37 shall read as follows: "" Art. 37. -After obtaining the certificate of registration of the variety, its holder has the obligation to provide the Institute for Testing and Registration of Variety a sample-witness of plants or seeds, which will be preserved and which will be preserved. Standard sample for the verification of varietal purity and authenticity. '; 25. Article 38 shall read as follows: "" Art. 38. -The holder of the certificate of registration of the variety shall pay the verification tests of the authenticity for the duration in which the variety is entered in the official list. " 26. In Article 40, letter b) shall read as follows: " b) the production, processing and marketing of seeds and propagating material, without the authorization issued by the Ministry of Agriculture and Food, except for those provided in art. 21 21 para. 2 2; ' 27. In Article 40, the letters e) and l) shall read as follows: "e) non-compliance with crop technologies for the production of seed and propagating material, which causes the reduction of biological purity below the rules in force;" "l) marketing of seed and propagating material which do not comply with the rules in force." 28. Article 41 shall be completed with a new paragraph, which shall read as follows: "The amount of fines will be updated by Government decision, depending on the inflation rate." + Article 2 Law no. 75/1995 on the production, quality control, marketing and use of seed and planting material, as well as the registration of agricultural plant varieties, with subsequent amendments and completions, including those brought by this Law, shall be republic in the Official Gazette of Romania, giving the texts a new numbering. This law was adopted by the Senate at the meeting of June 30, 1997, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT PETRE ROMAN This law was adopted by the Chamber of Deputies at the meeting of July 1, 1997, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT VASILE LUPU ---------