Law No. 131 Of 15 July 1997

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

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Law No. 131 of 15 July 1997 on the amendment and completion of the law nr. 75/1995 regarding the production, quality control, marketing and the use of seeds and seedlings, as well as the registration of varieties of agricultural plant species published in PARLIAMENT ISSUING the OFFICIAL GAZETTE nr. 159 of 17 July 1997, the Romanian Parliament adopts this law.


Article 1, law No. 75/1995 regarding the production, quality control, marketing and the use of seeds and seedlings, as well as the registration of varieties of agricultural plant species, as published in the Official Gazette of Romania, part I, no. 150 of 14 July 1995, as amended and supplemented by law No. 57/1997, published in Official Gazette of Romania, part I, no. 68 of 17 April 1997, changed and completed as follows: 1. In article 2, after paragraph d) Insert the letter d ^ 1), which shall read as follows: "(d) ^ 1) publishes annually or periodically, as appropriate, on the basis of studies and proposals of bodies of the Ministry skill list of species and hybrids of plants recommended agricultural use by agricultural producers in Romania."
2. Article 3 shall read as follows: Art. 3.-definition of specialty used in this law shall be indicated in the annex which may be amended and supplemented by the Ministry of agriculture and food, according to the specialized knowledge of the rules and the relevant international bodies, to which Romania is a party. "
3. In article 5, paragraph d, after) Insert the letter "e"), which shall read as follows: "e) to ensure the use of appropriate propagation methods, and to ensure quality feedback to beneficiaries of the quality, validity period deliveries."
4. Article 9 shall read as follows: Art. 9.-production of seeds from seed the categories of biological, prebaza and basic seed is the responsibility of individuals and legal entities, specified as mentinator in the State Register of varieties of agricultural plant species, the State register, and in the official list of varieties and hybrids of plant culture of Romania, for the year, called the ' list. "
5. Article 14 shall read as follows: Art. 14.-authorized economic operators in the production, processing and marketing of seed and propagating material may be made for imports and exports, according to the internal rules and regulations the relevant international bodies, to which Romania is a party. "
6. In article 15, introductory part and point c) shall read as follows: Art. 15.-Are admitted to import seeds and propagating material of varieties entered in the State register and the official list, and the varieties of agricultural plant species and hybrids registered in the European Community in the catalogues or catalogue of a Member State of the European Union. You can also import: "c") the seed and propagating material of varieties of unregistered in the State register and the official list from countries outside the European Union, which multiply under contract for export, in full, as both seed and as a commercial product in countries outside the European Union. "
7. Article 16 shall read as follows: Art. 16.-export of seeds and planting material composed of elite, before posting, is prohibited, except for bilateral exchanges for scientific purposes. "
8. In article 17, paragraphs 1 and 3 shall read as follows: "quality control, issuing certificates of quality, supervision, monitoring and accreditation of economic agents suppliers of seeds and propagating material for production, processing, packaging, labelling, storage, storage, transport and marketing are carried out by the State Inspection for quality seed and planting material of the Ministry of agriculture and food, in accordance with the technical rules and international regulations."
"The territorial Inspectorates for quality seed and propagating material shall be responsible for the authenticity and quality of the seed and propagating material, including those important, through acts which issue them."
9. In article 18, paragraph 1 (d)) shall read as follows: "(d)) shall draw up rules and rules of inspection, certification and marketing, in accordance with the rules of international organisations in the field of seed and propagating material, to which Romania is a party, shall endorse the annual certification programs and monitor the implementation thereof."
10. In article 18, paragraph 1, after the letter f) is inserted in point g), which shall read as follows: "g) accredits individuals and legal entities from the public and private sector for control and quality tests of seed and propagating material."
11. Article 18 2 shall read as follows: "for inspection, certification and authorization, as well as laboratory analyses, the applicant will pay the equivalent value of benefits once the application has been lodged, in accordance with the tariffs of the Ministry of agriculture and food. The amounts resulting from the territorial inspectorates, the quality of the seed and propagating material and the Central Laboratory for Seed quality control will use 70% for capital expenditure, materials and staff. "
12. Article 19 shall be supplemented by a new paragraph which shall read as follows: "rules and technical standards for the production, control, certification and marketing may include other categories of seed and propagating material characteristic of different species, in accordance with the rules of the relevant international bodies, to which Romania is a party."
13. Article 20 paragraph 1 shall read as follows: "allow for control and certification: a) the varieties and hybrids of agricultural plant, brought in the State register and the official list, and parental forms of hybrids registered in the official list;
  

b) varieties of the species listed in the European Community in the catalogues or catalogues of Member States of the European Union;
  

c) seeds and propagating material. 15 (a). c);
  

d) genera and species laid down by the Ministry of agriculture and food, in accordance with the rules of international organisations to which Romania is a party. "
  

14. Article 21 shall read as follows: Art. 21.-it is forbidden the marketing of seeds and seedlings, whose quality has not been controlled and/or certified by the State Inspection for quality seed and propagating material, the service provider accredited for the species set by the Ministry of agriculture and food or the appropriate authority in the exporter's country, for imported ones.
For certain periods fixed by the Ministry and Agriculture and food, small producers can market, local market, some categories of non-certified seed and propagating material, without prejudice to the rules of quarantine and phytosanitary autogarantate quality. "
15. Article 22(1) shall read as follows: "on the territory of Romania shall be eligible, the production, sale and use of seeds and propagating material of varieties entered in the State register and published annually in the official list, as well as those referred to in article 1. 20 lit. d) and in article 8. 21. 2. ' 16. Article 22 shall be supplemented by a new paragraph which shall read as follows: "the varieties of the species contained in the catalogues of the European Community or in a Member State's catalogue of varieties shall be registered equates the State register and the official list of varieties of agricultural plant species and hybrids grown in Romania."
17. Article 23 shall read as follows: Art. 23.-seeds and propagating material of varieties removed from the lists provided for in articles. 22 may also be certified and marketed over the next 2 years and 3 years, respectively, after the cancellation of the registration, with a view to the liquidation of existing stocks. "
18. In article 27, subparagraph g) shall read as follows: "(g) the registration certificate holder) of the variety does not pay the prescribed charges for checking the authenticity of the variety during the cat shall be entered in the official list;"
19. In article 28, paragraph 1 (e)) shall read as follows: "s) carrying out the verification of varietal purity of varieties, ripped ordered by the supervisory authority and certification;"
20. Article 30 shall read as follows: Art. 30.-to carry out the work for examining the varieties, the applicant will be charged once with the approval of your registration for examination, the amounts provided in the tariffs set by the Ministry of agriculture and food. The amounts resulting from the Institute for testing and registration of Varieties will use 70% for capital expenditure and material. "
21. Article 31 shall read as follows: Art. 31.-Varieties which meet the conditions laid down in article 21. 24 and 25 are considered to be registered and shall be entered in the State register and the official list, and the breeder shall be issued by the Institute for testing and registration of varieties, a certificate of registration of the variety, the validity of which is 20 years from the date of issue, for crops, and 25 years for trees and vines. The breeder can register and parental forms used to obtain hybrids. "
22. Article 32 paragraph 4 shall read as follows:

"The right to produce and market the contract may be any natural or legal person, authorized under article. 4, which undertakes to pay to the holder of a patent royalty established by mutual agreement, the amount of seed or propagating material. Failure to comply with this commitment attracts withdrawal for the production and marketing of seeds and pay appropriate damages resulting from this. These rights may be transferred, in accordance with the law, through the sale of licenses or through assignment, making him automatically dobanditorul mentinator. "
23. Article 33 shall read as follows: Art. 33.-varieties registered prior to the entry into force of law No. 64/1991 on patents of invention, a certificate of registration of the variety entitles exclusively to produce and to commercialize the seed breeder, seed of prebaza and basic seed and to receive royalty for certified seed produced and sold. "
24. Article 37 shall read as follows: Art. 37.-After obtaining the certificate of registration of the variety, its holder has the obligation to make available to the Institute for testing and registration of Varieties a sample blank of plants or seeds, which will preserve and which will form the standard sample for verification of the authenticity and purity of varietal. "
25. Article 38 shall read as follows: Art. 38.-the registration certificate holder shall be paid tests for verification of authenticity for the duration in which the variety is entered in the official list. "
26. In article 40, point b) shall read as follows: "(b)) the production, processing and marketing of seeds and propagating material without authorization issued by the Ministry of agriculture and food, with the exception of those referred to in article 1. 21. 2; "
27. In article 40, the letters e and l)) will read as follows: "it is a failure of culture technologies) for production of seeds and seedlings, which reduce biological purity below the norms in force;"
"it) the marketing of seed and propagating material, which does not correspond to the norms in force."
28. Article 41 shall be supplemented by a new paragraph which shall read as follows: "the amount of the fines will be updated by a decree of the Government, depending on the inflation rate."


Article 2 Law No. 75/1995 regarding the production, quality control, marketing and the use of seeds and seedlings, as well as the registration of varieties of agricultural plant species, as amended and supplemented, including those made by this Bill, will the Republic Official Gazette of Romania, giving it a new texts.
This law was adopted by the Senate at its meeting on 30 June 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT PETRE ROMAN this law was adopted by the Chamber of deputies at its meeting on 1 July 1997, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. VASILE LUPU, PRESIDENT of the CHAMBER of DEPUTIES — — — — — — — — —