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Law No. 266 Of 15 May 2002 (Republished)

Original Language Title:  LEGE nr. 266 din 15 mai 2002 (*republicată*)

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LEGE no. 266 266 of 15 May 2002 (* republished *) on the production, processing, control and certification of quality, marketing of seed and propagating material, and the testing and registration of plant varieties
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 239 239 of 3 April 2014



______________ Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as amended, giving the texts a new numbering. Law no. 266/2002 was republished in the Official Gazette of Romania, Part I, no. 7 7 of 4 January 2011. + Chapter I General provisions + Article 1 (1) The Ministry of Agriculture and Rural Development provides the organizational framework and compliance with the legal provisions on the production, processing, control and certification of quality, in order to market seeds and propagating material, such as and testing, registration and protection of plant varieties. (2) The seeds and propagating material of the plant species to which the provisions of this law apply, and the rules applicable to them, as the case may be, shall be established by order of the Minister of Agriculture and Rural Development, in compliance with community provisions in the field. (3) In the present law, the term seed also includes propagating material, and the term plants includes agricultural and horticultural plants. + Article 2 In the field of activity provided in art. 1, Ministry of Agriculture and Rural Development, through the designated official authorities-National Inspection for the Quality of Seeds, hereinafter referred to as I.N.C.S., and the State Institute for Variety Testing and Registration- the following main tasks and responsibilities: a) develop and approve the methodology of training, attestation, registration of economic operators, professionally involved, regardless of the form of ownership, which produce for marketing, process and market seeds of the species plants referred to in art. 1 1; b) provide the organizational framework for the control and certification of seeds from the point of view of the varietal identity and purity and quality standards, including phytosanitary status, for the use and marketing of seeds; c) pursues, coordinates and controls the application by registered economic operators of the rules and rules regarding the production, processing, control, certification and marketing of seeds and propagating material; d) develop and approve national rules for the production, processing and marketing of seed, as well as on financial aid, in accordance with Community rules and procedures in the field; e) supports the development of domestic research for the creation of varieties of plant species of economic interest and establishes measures for the protection of agricultural producers, natural and legal persons, against the risk of improper varieties, regulating the use of certified seed seeding or fulfilling the conditions and norms of regulated quality or of varieties accepted under this law; f) collaborates with professional seed organizations and associations, seed companies, registered economic operators and involved in the production, processing and marketing of seeds and propagating material for the application of the necessary measures to comply with Community and national legal provisions, including by making available the relevant information available to them; g) pursues the application of the provisions of this law, the Community and national provisions, as well as those resulting from the international conventions and agreements to which Romania is a party, in the field of production, processing, quality control and the marketing of seeds, propagating material and the protection of new plant varieties; h) sets out measures to eliminate the possibilities of disruption of the seed market, to preserve the genetic resources of plants and to protect the environment, human and animal health, in accordance with Community provisions and procedures; i) provide the organizational framework for the testing and registration of varieties in the register of registered plant varieties, hereinafter referred to as the Register of varieties, and in the Official Catalogue of the varieties of crop plants in Romania, called in continue the official catalogue, with a view to the use and marketing of seeds and propagating material, as well as for the granting of the variety patent; j) approve the annual or periodic publication, as the case may be, of the list containing the varieties in the Official Catalogue of the registered plant varieties, as well as the list or lists containing the varieties recommended to be used by the growers in Romania or empower their publication. + Article 3 The definition of the specialized terms used is set out in the annex which is an integral part of this law and which can be amended and supplemented by the Ministry of Agriculture and Rural Development, depending on the evolution of the knowledge specialty and community regulations or other international bodies in the field, to which Romania is a party. + Chapter II Manufacture, processing and/or marketing of seed + Article 4 (. Producing for the marketing, processing and/or marketing of seed shall be carried out by: a) economic operators with registered office on the territory of Romania, natural or legal persons, registered for this purpose and who have received authorization issued by the designated official authority; b) other economic operators with registered office in the territory of other Member States of the European Union, registered for this purpose on the territory of a Member State, but who provide services on the territory of Romania, as the case may (2) Economic operators-natural or legal persons referred to in par. ((1) lit. a)-can be registered, on request, if they prove that they have the necessary technical-material facilities and personnel who have appropriate knowledge for the requested activity, according to the regulations in force, including those regarding the state phytosanitary, as appropriate. (3) The methodology for registration and issuance of the authorization provided in par. ((1) lit. a) is approved by order of the Minister of Agriculture and Rural Development * *), in accordance with the Community provisions. ________________ Note ** **) See Order of the Minister of Agriculture, Forestry and Rural Development, interim, no 769/2009 on the approval of the Methodology for registering economic operators and issuing the authorization for the production, processing and/or marketing of seeds and propagating material, published in the Official Gazette of Romania, Part I, no. 917 of 28 December 2009, with subsequent amendments and completions. + Article 5 Economic operators registered for the production, processing and/or marketing of seed shall have the following obligations a) comply with the rules and rules in force concerning the production, processing and marketing of seed, including those relating to phytosanitary status, as appropriate, and subject to technical and economic control carried out by the competent authorities, by law; b) keep up-to-date the production, transactions and seed stocks in a register of entries and exits, according to the model established by order of the Minister of Agriculture and Rural Development, to make available to the authorities official, at their request; c) comply with the legal provisions on the protection of plant varieties protected by patent; d) declare to the official authority designated areas for the production of the seed and the quantities they propose for certification and marketing, and the technical, statistical and reporting data required by the designated official authority, within the time limit set by it e) ensure the use of propagation methods and appropriate technologies, self-control of quality and quality requirements and guarantee to beneficiaries the quality of the seed delivered during the period of validity. + Article 6 (. The authorization granted after registration of an economic operator for the production, processing and/or marketing of seed, as the case may be, may be withdrawn temporarily or definitively only by the official authority which issued it, if it is found that the obligations of art. 5. (2) The designated official authority may apply the provisions of para. ((1) and for other violations of the rules and norms, provided for in this law. + Article 7 (1) Economic operators registered seed producers shall conclude in writing contracts, conventions or agreements with neighbouring agricultural producers, natural or legal persons, for their compliance with the isolation distances from crops intended for semincere lots, according to the established technical standards. (2) In order to ensure the quality of the seed, the Ministry of Agriculture and Rural Development may establish by regulation, for certain species, varieties or types of seeds, enclosed areas of multiplication, as a prerequisite for recognition. + Article 8 The breeders or holders of varieties shall make available to registered economic operators, which multiply these varieties, the specific technologies for the production of seed on the basis of a contract, the multiplication agreement for the varieties protected by patent and description of morphological characters, in accordance with the International Union for the Protection of New Plants of Plants, hereinafter referred to as the U.P.O.V., under the law. + Article 9 The production of seed of the prebasic and basic categories shall be made by or under the responsibility of natural or legal persons, specified as maintainer, or by their legal representatives, specified in the Register of Variety, and published in Official catalogue for that year or in the Common Catalogue of the European Union, in the catalogues of the Member States or in the list of varieties of the Organisation for Economic Cooperation and Development, hereinafter referred to as O.C.D.E., or other economic operators multipliers on the basis of contract with the holder of the variety, as applicable. + Article 10 Economic operators registered for the production, processing and/or marketing of the seed shall be responsible for their quality and identity and shall bear the damage caused to the beneficiaries for the marketing of under the legislation in force. + Article 11 Economic operators registered for the production, processing and/or marketing of seed shall have the obligation to store, handle, treat and transport species, varieties, categories and lots of seeds, in specific, appropriate packaging, labelled under the rules in force. + Article 12 ((1) The rules and technical rules regarding the production, processing, quality control and certification and/or marketing of seeds, procedures for registration, supervision, monitoring and authorization of activities of economic operators is approved by order of the Minister of Agriculture and Rural Development *), in compliance with the provisions of the present law and regulations of the European Union, of the O.C.D.E., of the International Association for the Testing of Seeds, I.S.T.A., of U.P.O.V., of the Community Plant Variety Office, hereinafter referred to as C.P.V.O., or other international bodies to which Romania is a party, as the case may be. (2) The rules and rules on testing, registration and protection of varieties are approved by order of the Minister of Agriculture and Rural Development *), in compliance with the provisions of this Law and the regulations of the European Union, of O.C.D.E., of U.P.O.V. or other international bodies to which Romania is a party, as the case may be. _______________ Note * *) See Order of the Minister of Agriculture, Forestry, Water and Environment No. 564/2003 for the approval of the internal rules and technical rules concerning the production, processing, control and/or certification of the quality of seed and propagating material of some plant species produced and marketed on Romanian territory, published in the Official Gazette of Romania, Part I, no. 654 654 of 16 September 2003. + Article 13 ((. The seed shall be marketed in specific packages, closed and marked with an official label and/or supplier, as the case may be, printed with the information provided for by the technical rules and rules. Repackaging and relabelling are officially permitted or under official supervision, according to Community and national rules and rules and only by economic operators registered for that purpose. (2) Gross seed whose identity is officially attested may be marketed for processing only on the basis of the provisions of the contract concluded between the producer and the keeper of the variety. + Article 14 ((1) The seed of plant species established by the Directives of the European Union may be produced in Romania or in other Member States for the purpose of marketing, i.e. it may be marketed, only if the variety is registered in the Common Catalogue. of the European Union or in the Official Catalogue or in the catalogues of the Member States, in accordance with Community provisions. ((2) The seed of species of plant species originating in countries other than those of the European Union, hereinafter referred to as third countries, may be produced and marketed, in so far as they comply with Community and national rules. in force and the variety is registered in the Official Catalogue or the Common Catalogue of the European Union or in the catalogues of the Member States. (3) The varieties not registered according to the provisions of par. (1) may be marketed as follows: a) seeds imported from third countries intended for multiplication, in accordance with the rules of the O.C.D.E. or on a contractual basis, for export b) the quantities for other testing or experimentation purposes, in so far as they belong to a variety for which an application for testing has been submitted for registration in the Official Catalogue of Romania or in the catalogue of another Member State of the Union European, according to Community procedures. In the case of a genetically modified variety, the legal provisions on avoiding risks to human health and the environment will be observed; c) seeds of genera and plant species other than those referred to in point (a). a) and b), established by the Ministry of Agriculture and Rural Development, in compliance with Community procedures. (4) Species and varieties not registered according to the provisions of par. (. may be imported from third countries, with the opinion of the designated official authority, as follows: a) seed intended for scientific or selection purposes; b) the seed intended for testing; c) seed for demonstration lots; d) seeds for advertising, promotion and exhibitions. + Article 15 For the conservation of genetic plant resources, by order of the Minister of Agriculture and Rural Development, specific conditions are established regarding the testing and registration of varieties, production, quality control and marketing of seeds from these plants, in accordance with Community provisions. + Article 16 By order of the Minister of Agriculture and Rural Development, special conditions can be established to regulate the marketing of some categories of seeds unforeseen in art. 13-15. + Article 17 (1) Economic operators registered for the marketing of seeds may carry out imports and exports of seeds from and to third countries, in accordance with the regulations of the European Union, O.C.D.E. and internal rules, as appropriate. (2) The import of seeds from third countries is accepted with the prior opinion of the designated official authority of the Ministry of Agriculture and Rural Development, under the conditions of the technical rules and rules in force and of the Community procedures. (3) The import of seeds from third countries, for the species and varieties to which the production and control or certification requirements are found to be equivalent, shall be admitted in compliance with the provisions of art. 14. The equivalence shall be found by the designated official authority, in accordance with the (4) The importers will communicate the import of the designated territorial official authorities of the Ministry of Agriculture and Rural Development, which will verify compliance with import and market conditions. (5) The importing economic operators shall register the quantities of seeds imported and exported to the Register of entries and exits. + Article 18 The imported seed circulates on the domestic market in the specific packaging and with the original labels. Repackaging and relabelling are allowed under official supervision and only by economic operators registered for this purpose, according to the provisions of the legislation in force. + Article 19 The export of seeds to third countries is admitted on a contractual basis, subject to compliance with domestic and international rules on the movement of seeds intended for international trade, the regulations of the European Union or, where applicable, the conditions requested by the importer. + Chapter III Control and certification of seed quality + Article 20 (1) Control, identity certification and seed quality testing, registration, supervision, monitoring and authorization of economic operators at all stages of production, processing and marketing are done by the Ministry of Agriculture and Rural Development through I.N.C.S., through territorial inspectorates for the quality of seeds and propagating material, hereinafter referred to as I.T.C.S.M.S., and the Central Laboratory for the Quality of Seeds and the Saditor Material, referred to as continue L.C.C.S.M.S., in accordance with the rules, technical norms and Community and international regulations in force. (2) The Central Laboratory for the Quality of Seeds and the Saditor Material is established by reorganizing the Central Laboratory for the Control of Seed Quality. Within 60 days from the date of entry into force of this law, the Ministry of Agriculture and Rural Development will submit to the Government for adoption the reorganization and operation of the Central Laboratory for the Quality of Seeds and Material Saditor. *) _____________ Note * *) See Government Decision no. 1.433/2009 on the establishment, organization and functioning of the Central Laboratory for the Quality of Seeds and the Saditor Material, as a result of the merger by absorption and the takeover of the activity of the Vegetal Genetic Resources Bank Suceava, published in Official Gazette of Romania, Part I, no. 857 of 9 December 2009, as amended. (3) I.T.C.S.M.S. and L.C.C.S.M.S. operate as public institutions with legal personality, subordinated to the Ministry of Agriculture and Rural Development, financed by their own income and subsidies granted from the state budget. (4) The issuance of international certificates for seeds of agricultural and horticultural plant species shall be carried out by L.C.C.S.M.S. Bucharest, which is an official laboratory, as well as other laboratories of accredited seed companies I.S.T.A. (5) I.T.C.S.M.S. and L.C.C.S.M.S. are responsible for the official documents they issue. Official documents on the certification of seed quality, contained in the legislation in force, can be issued only by authorized laboratories, in accordance with the procedures established by order of the Minister of Agriculture and Rural Development. + Article 21 ((1) I.N.C.S., as the designated national official authority, shall have the following tasks: a) instructs, attests, records, releases and withdraws the operating permits for economic operators who carry out operations of production, processing and/or marketing of seeds, as the case may be, in compliance with the provisions of art. 4-6, through the territorial official authorities; b) elaborates and proposes for approval to the Ministry of Agriculture and Rural Development draft normative acts on the quality of seeds and varieties; c) organize, coordinate and control the activity of I.T.C.S.M.S. and L.C.C.S.M.S.; d) develop and submit for approval rules, rules and methodologies for registration, production, control, certification, authorization and marketing, according to the Community and international regulations in the field of seeds to which Romania is a party, record the annual requests of the economic operators for the multiplication and certification of seeds and shall follow their application e) ensure and exercise control, in order to maintain the quality of the seed, in all categories, in precontrol and postcontrol, through appropriate scientific schemes and techniques; f) liaise with the specialized structures within the European Union and other international organizations specialized in the field of seeds and varieties and represent Romania in relations with them; g) authorizes natural or legal persons who meet the conditions established by order of the Minister of Agriculture and Rural Development to carry out field inspections, of seed samples, as well as laboratories testing the quality of seed, issue documents and perform other specific activities under its supervision; h) may withdraw the authorization, cancel the issued documents or measures taken by authorized natural or legal persons, if it is found that their obligations under the authorization rules and control have been violated; i) ensure the training and attestation of the official specialized personnel, as well as the personnel of economic operators authorized for specific activities j) monitor the activities carried out by economic operators, through the territorial official authorities, in order to verify the continuous fulfilment of the requirements provided for in 5 5; k) resolve specialized litigation in its field of activity. (2) In order to carry out the control, certification, registration, authorization, supervision, monitoring of quality tests of seeds and other services provided, the applicant will pay the value of the benefits with the admission of the application, according to tariffs established by order of the Minister of Agriculture and Rural Development. The resulting amounts are constituted as own income of I.T.C.S.M.S. and L.C.C.S.M.S. + Article 22 (1) The seed categories that are controlled and for which official certificates can be issued stating their identification and quality, under the conditions of this law, are: a) the prebasic seed; b) seed; c) certified seed; d) commercial seed of oilseeds and forage. (. The standard seed category shall be subject to official control in post-control for the verification of the identity and the varietal purity. (3) The official authority may, by rules and rules of production, control, certification and marketing, include several generations in the categories of prebasic seed or base or subdivide these categories through generations, in accordance with the regulations of the European Union and of international bodies in the field to which Romania is part or with national rules, as appropriate. + Article 23 Official genders, species and varieties established under the conditions of this law or specific Community regulations shall be admitted for official control and certification or under official supervision. + Article 24 (. The marketing of seed which does not comply with the rules and rules in force, including packaging, sealing, sealing and labelling shall be prohibited. (2) It is prohibited to impose other restrictions on the marketing of seeds, in terms of their characteristics, the conditions of examination, marking and closure, than those provided for by this law or other specific regulations in force. (3) For certain species or groups of species, the Ministry of Agriculture and Rural Development, in accordance with the procedures of the European Union, may approve, for small producers whose production and marketing are intended for users final and not professionally involved in the production of propagation material, to market on the local market material which does not satisfy the general packaging requirements, the closure and labelling system, without prejudice phytosanitary quarantine regulations and their quality assurance. + Article 25 In order to overcome temporary general supply difficulties with certified seed or standard seed within the territory of the European Union, it may be decided, in accordance with the procedures of the European Union, for a fixed period, to market the necessary quantities of seed of a category corresponding to less stringent requirements than those laid down by the rules and rules in force, as well as seed of varieties not included in the Common Catalogue of the Union European, national catalogue of a Member State, respectively in the Official Catalogue. + Chapter IV Seed market + Article 26 ((. Economic operators-natural or legal persons-registered for the production of seed may benefit from Community or national financial aid for the production of certified seed, carried out on the basis of a contract or declaration multiplies recorded at the designated official authority, under the conditions laid down by Community or national regulations, as appropriate. (2) Community provisions in the field of seed and propagating material established by directives and decisions shall be transposed by national implementing acts. + Chapter V Testing, registration and protection of plant varieties + Article 27 (1) The Ministry of Agriculture and Rural Development shall provide the organizational framework for the testing and registration of varieties in the Register of varieties and in the Official Catalogue, as well as in the National Register of Patents for Varieties. ((. The varieties of species registered in the Common Catalogue of the European Union or in the national catalogue of a Member State thereof shall be equivalent to the varieties registered in the Official Catalogue, in accordance with the Community provisions in force. (3) Testing of varieties and their registration in the Official Catalogue, for the purpose of cultivation and marketing, the granting of patents for the legal protection of new varieties, under the conditions Law no. 255/1998 on the protection of new plant varieties, republished, as amended, shall be made by the State Institute for Variety Testing and Registration, officially designated official national authority, public institution under the Ministry Agriculture and Rural Development, in accordance with the international rules and regulations in force. + Article 28 Seeds from the varieties radiated from the Official Catalogue, in the situations provided in art. 33, may also be certified and marketed after deregistration for a period of up to 30 June of the third year from the deregistration. + Article 29 (1) The registration of a variety in the Register of varieties and its publication in the Official Catalogue shall be made by order of the Minister of Agriculture and Rural Development, after it has been established, following the technical examination carried out by the State Institute for Testing and the Registration of Variety, that it meets the conditions of distinctiveness, uniformity and stability and that for varieties of species established by community regulations the variety possesses agronomic value and/or use. (2) The tests of distinctiveness, uniformity and stability carried out by a similar institution in another Member State of the European Union are officially recognised. ((. The varieties which fulfil the conditions for the granting of protection shall be registered in the National Register of Patents for Varieties. + Article 30 When registering in the Register of varieties, each variety must be individualised by an accepted name, which makes it possible to identify it, in accordance with the procedures of the European Union. + Article 31 The registration of the varieties for examination shall be made on the basis of an application by the breeder or his representative, empowered in writing, accompanied by the technical questionnaire U.P.O.V., C.P.V.O. or the national guide and the insurance of the quantities of seeds necessary examination. + Article 32 For a local variety, from a well-established region, or if the improver no longer exists, the registration or extension can be made ex officio by the Ministry of Agriculture and Rural Development, through the State Institute for Testing and The registration of the varieties, which also establishes the holder of that variety, in accordance with the regulations of the European Union + Article 33 The deletion of a variety from the Official Catalogue is made by order of the Minister of Agriculture and Rural Development in cases where: a) proves improperly from the point of view of distinctiveness, uniformity and stability, characteristics on the basis of which registration was made in the Register of varieties and in the Official Catalogue or in the National Patent Register for varieties; b) new features appeared that would have prevented its registration, unknown at the time it was done; c) at the request of the breeder, his representative or the holder of the variety, as the case may be, and where the maintainer fails to fulfil his obligations to present at any time the seed required for the reproduction of the variety, according to the original characteristics existing at the registration, and to submit to periodic verification by the State Institute for the Testing and Registration of Variety; d) there is no longer a maintainer of the registered variety; e) it turns out that the same variety is registered under another name; f) the holder of the registration certificate or the maintainer does not pay the maintenance rates in the list according to the legislation in force, as well as for the verification of the variety during the period in g) 10 years after the registration of the variety is no longer required or no longer approved; h) if the legislation, regulations and provisions of the relevant Community directives are not complied with. + Article 34 (1) The State Institute for Variety Testing and Registration, hereinafter referred to as I.S.T.I.S., operates as a specialized body under the Ministry of Agriculture and Rural Development, financed by own income and grants awarded from the state budget. (2) I.S.T.I.S. has the following tasks: a) develop the methodology of technical examination and presentation of new varieties, in order to register in the Register of varieties and publication in the Official Catalogue and in the National Register of Patents for Varieties, taking into account the regulations domestic and international in force; b) examine the varieties for which registration and/or protection is required by carrying out the tests of distinctiveness, uniformity and stability, as well as, depending on the species, the tests on the determination of the agronomic value and the use; c) develop the methodology for the protection of new plant varieties; d) carry out the annual verification of the varietal purity of the varieties multiplied by the official control and certification authority; e) prevents the alienation of the biological material in examination and ensures the confidentiality of the information obtained, at the request of the f) ensure the storage of seed samples and reference propagating material of the registered varieties; g) develop on request lists of the recommended varieties; h) is the depository of the Register of varieties, publishes and publishes annually the Official Catalogue, National Register of Patents for Varieties; i) administer the reference collections to the species for which the test of distinctiveness, conformity, stability (D.U.S.) is carried out; j) organize and test the varieties for which registration is required, in their own varieties testing centres, hereinafter referred to as C.T.S., in similar institutions in other Member States of the European Union or for some activities under its supervision; k) examine, on request, the varieties registered from the agronomic point of view in order to register them in the lists of the recommended varieties; l) liaise with international bodies and organizations in the field of testing, recording of varieties, as well as the protection of varieties; m) cooperate with similar institutions in the Member States of the European Union on the issue of the registration of varieties and conclude bilateral contracts with the Member States of the European Union and third countries in the field of activity; n) carry out the activity of testing the herbicide resistance and the pest attack for the varieties that have induced this resistance, for which the applicant will pay the tariffs established by order of the Minister of Agriculture and Rural Development; o) participate in research projects in the national research plan in collaboration with other agricultural or educational research units, as well as international research projects. (3) I.S.T.I.S. has in subordination C.T.S., subunits without legal personality, located in different ecological conditions of the country that form the official variety testing network. (4) The Regulation on organization and functioning of I.S.T.I.S. is approved by order of the Minister of Agriculture and Rural Development *). ______________ Note * *) See Minister of Agriculture and Rural Development Order no. 34/2011 for the approval of the Regulation for the organization of quality and phytosanitary control on the import and export of seeds and propagating material, published in the Official Gazette of Romania, Part I, 114 114 of 15 February 2011, as amended. + Article 35 The Technical Council for varieties and seeds of plants and propagating material, advisory body of the Ministry of Agriculture and Rural Development, shall be established. Its composition and duties shall be established by order of the Minister of Agriculture and Rural Development * *). _____________ Note ** **) See Order of the Minister of Agriculture, Food and Forestry no. 659/2002 on the composition and duties of the Technical Council for varieties and seeds of plants, advisory body of the Ministry of Agriculture and Rural Development, published in the Official Gazette of Romania, Part I, no. 109 109 of 20 February 2003. + Article 36 (1) In order to carry out the technical examination of the varieties, the applicant shall pay, with the approval of the registration for examination or for carrying out verification tests for the control of the maintenance of the varietal purity of the registered variety, the amounts provided for in the tariffs established by the order of the Minister of Agriculture (2) The resulting amounts shall be constituted as own income of I.S.T.I.S. (3) In order to carry out the testing of the varieties, the verification of the maintenance of the varieties and their annual publication in the Official Catalogue and other services provided, the applicant will pay the value of the benefits with the admission of the application, established by order of the Minister of Agriculture and Rural Development, the resulting amounts constituting as own income. (4) It will be constituted as own income and income obtained from the valorization of agricultural production, as well as other incomes such as donations and sponsorships received according to the law. (5) For agricultural works, I.S.T.I.S. may use the seasonal labor force with fixed-term employment contract. + Article 37 Varieties meeting the conditions laid down in art. 29 and 30 are considered registered, shall be entered in the Register of varieties and shall be published in the Official Catalogue, and the breeder shall be issued by I.S.T.I.S. a certificate of registration of the variety. On request, the parental forms used to obtain commercial hybrids can also be registered. + Article 38 (1) The protection of plant varieties is provided by I.S.T.I.S., as of July 1, 2011, according to Law no. 255/1998 , republished, as amended. (2) The rights of improvers on new plant varieties of all genders and species are recognized and defended by the granting of variety patent, under the conditions Law no. 255/1998 , republished, as amended. ((3) The invention patents granted under the conditions Law no. 64/1991 on patents, republished, as amended, confers the same rights to the breeder. (4) The right to produce and/or to market the seed of a protected variety may be transmitted to any natural or legal person, registered according to the provisions of art. 4 4, which undertakes to acquit to the patent holder an established royalty agreement. (5) Failure to comply with par. (4) draws the payment of the fee increased by 5 times and the payment of other damages resulting from it, as well as the withdrawal of the production and marketing authorization of the seeds. (6) The holder of the variety patent has the right to pursue compliance with the contractual provisions through technical and financial expertise or any legal way, including for all situations provided by Law no. 255/1998 , republished, as amended. + Article 39 The certificate of registration of the variety gives the holder the right to produce and market the seed of all categories of that variety and to benefit from the rights arising therefrom, according to the legislation in force. + Article 40 I.S.T.I.S. is designated as a repository institution of the reproducible material for the varieties registered in the Variety Register. + Article 41 I.S.T.I.S. is empowered to carry out the examinations and checks for the control of maintaining the varietal purity of the varieties registered in the Register of Variety and published in the Official Catalogue. + Article 42 After obtaining the certificate of registration of the variety, its holder has the obligation to make available to I.S.T.I.S. a sample-witness of seeds or plants, which will be preserved and will constitute the reference sample. + Article 43 (1) The holder of the certificate of registration of the variety shall pay the examination and verification of the maintenance of the varietal identity and purity, as well as the publication of the variety, for the duration in which it is entered in the Register of varieties and published in the Official Catalogue, according to art. 36. (2) The annual verification of varietal purity of varieties multiplied in Romania is carried out according to the methodology and tariffs established by order of the Minister of Agriculture and Rural Development *). ____________ Note * *) See Minister of Agriculture and Rural Development Order no. 84/2011 on the approval of the tariffs for the examination of the varieties for which the registration is requested in the official national catalogue of varieties of crop plants in Romania and in the recommended list of varieties, as well as for verification of the varietal purity of the multiplied varieties, published in the Official Gazette of Romania, Part I, no. 276 of 20 April 2011, with subsequent additions. + Chapter VI Sanctions + Article 44 (1) I.N.C.S., through the official subordinate authorities, may order the detention of any quantity of seed prepared for marketing, during or after marketing, found without quality documents or phytosanitary status, provided by the legislation in force, or with documents improper to legal provisions, until the situation is clarified, as appropriate. (2) If the seed does not meet the legal conditions in force, the authority provided in par. (1) prohibits the marketing and has its return, the use for other purposes, the blocking and/or destruction at the holder's expense. + Article 45 It constitutes contraventions to the rules on the production, processing, control and certification of the quality and marketing of the seeds a) the marketing of uncontrolled seeds, uncertified or derived from unregistered natural or legal persons, according to the legal provisions; b) the production, processing and marketing of seeds, without the authorization issued by I.N.C.S., through the territorial authorities of control and certification of seeds, except those provided in art. 24 24 para. ((3); c) failure to ensure appropriate measures to maintain quality, purity and identity when harvesting, conditioning or processing seed intended for sale; d) the storage and transport of seeds without documents attesting to their quality and identity, as well as the non-assurance of measures to protect their quality and authenticity; e) the lack of the register of entries and exits provided in art. 5 lit. b) inadequate record keeping of the production, inputs, outputs and stocks of seeds; f) refusal to submit the documents on the quality of the seed, as well as the records referred to in e), at the request of the official control authority, empowered by the Ministry of Agriculture and Rural Development; g) the registration of erroneous data in the documents of attestation of seed quality h) the marketing of seed without documents attesting the quality and the corresponding phytosanitary status for sowing; i) marketing of seeds which do not comply with the rules in force j) non-compliance with the rules and rules in force at all stages of production, processing and marketing of seeds; k) introduction into the country and marketing of seeds from third countries, without the expert opinion of the Ministry of Agriculture and Rural Development or non-compliant with the regulations in force. + Article 46 (1) Contraventions provided in art. 45 is sanctioned with a fine imposed on natural or legal persons, as the case may be: a) the one at lit. d), with a fine of 2,000 lei to 3,000 lei; b) those of lit. c), e) and h), with a fine from 3,001 lei to 5,000 lei; c) those of lit. a), b) and i), with a fine from 5,001 lei to 8,000 lei; d) those of lit. f), g), j) and k), with a fine from 8,001 lei to 12,000 lei. (2) The amount of fines will be updated by Government decision, depending on the inflation rate. + Article 47 (1) The finding of contraventions and the application of sanctions provided in art. 45 and 46 are made by persons empowered by I.N.C.S. and by agricultural chambers, by order of the Minister of Agriculture and Rural Development. The Minister of Agriculture and Rural Development can empower other people to find the contraventions and apply sanctions. ((2) Contraventions provided for in art. 45 the provisions of Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. (3) The staff of public institutions of the central and local administration will support the authorities of the Ministry of Agriculture and Rural Development on cases of violation of the provisions of this law. + Chapter VII Transitional and final provisions + Article 48 The provisions of this Law shall also apply to varieties which are entered in the Register of varieties and, respectively, in the Official Catalogue, on the date of entry into force of this Law. The Ministry of Agriculture and Rural Development will take measures that, for all varieties entered in the Register of varieties and in the Official Catalogue, until the date of entry into force of this law, issue certificates of registration of varieties and establish the right to maintain institutes, agricultural resorts, higher education institutions and other improvers or economic operators, at their request. + Article 49 The date of entry into force of this Law shall be repealed Law no. 75/1995 , republished in the Official Gazette of Romania, Part I, no. 362 of 17 December 1997, as amended, except for the provisions of art. 28 28 para. ((1) the first sentence, as well as any other provisions to the contrary. + Annex DEFINITION the specialized terms used in the law 1 1. Samanta means any reproductive or planting material: seeds, fruits, propagating material produced by any propagation methods, intended for multiplication or for the production of food or industrial consumption. Propagating material means the propagation and planting material composed of: plants, parts of the plant, including rootstocks, intended for the propagation and production of plants intended for planting. 2. Soium means a group of plants belonging to a botanical taxon of the lowest known rank, which: a) clearly distinguishes itself from those already known by at least a distinct, precise and little fluctuating character, which can be defined and described, or by several characters whose combination is likely to give the quality of new (distinctiveness); b) is uniform for all the characters taken into account by the regulations in force on the uniformity of the varieties, with the exception of a very low number of atypical forms, taking into account the peculiarities of reproduction (uniformity); c) is stable in its essential characters, that is, following reproduction or successive multiplication, or at the end of each reproductive cycle, the essential characters remain as originally described (stability); d) is considered the variety and the hybrid with its parental forms. 3. Protected variety means the newly-created variety for which a variety patent has been granted. 4. Plants include agricultural and horticultural plants. 5. The Ameliorator means: a) the natural or legal person who created or discovered and developed a new variety; b) the person who hired the person referred to in lett. a) or who ordered it the activity of creation or discovery of new varieties, if the contract provides that the right of improvement belongs to the former; c) the successor in rights of the person referred to in point a) or b), as appropriate. 6. The maintainer means the natural or legal person indicated in the Register of varieties as responsible for maintaining a variety with the characteristics held at the date of registration in the Variety Register. The maintainer may be the breeder of the variety or the person to whom the breeder has transferred this right through a legal transaction. 7. The processing includes at least one of the following operations: conditioning, including: precleaning, drying, cleaning, sorting, trimming, treatment, as appropriate; batch formation; packaging and labelling, as well as auxiliary operations as: storage, storage and transport of seeds. 8 8. The marketing means the sale, the holding for sale, the offer for sale and any disposal, supply or transfer, for the purpose of a commercial exploitation of the seed to third parties, whether or not it is remunerated. Not subject to marketing: a) the delivery of seeds to official testing and inspection bodies; b) the supply of seeds to service providers for processing or conditioning, as long as the service provider does not obtain a right to the seed provided as such; c) supply of raw seeds, under certain conditions, to service providers, in order to produce agricultural raw materials intended for industrial purposes, or seeds multiplied for this purpose (processing), as long as the supplier of services do not obtain a right either on the seed provided or on the product of the harvest. 9. The seed categories of the production process (multiplication) are defined as follows: a) the seed of the breeder -produced by or under the direct responsibility of the breeder or the maintainer, using the preservative selection or other specific scientific methods; --which is intended for the production of basic seed; -which satisfies the requirements imposed by the regulations in force on varietal purity for prebasic seed; b) the prebasic seed means seed of all the biological links between the seed of the breeder and the basic seed, which: --was produced by or under the direct responsibility of the maintainer; --has been produced from the seed of the breeder or the prebasic seed; --is intended for the production of basic or basic seed; -satisfy the requirements imposed by the regulations in force specified for the prebasic seed; c) basic seed means seed: -produced by or under the direct responsibility of the maintainer; --which was produced from the prebasic seed; --which is intended for the production of certified seed; -which satisfies the requirements imposed by the regulations in force specified for the basic seed; d) certified seed means: -in the case of hybrids, the seed produced in batches of basic seed hybrids and intended for the production of the harvest for human consumption, animal or for industrialisation; -in the case of varieties, the seed produced directly from the basic seed for the reinmultires or for consumption and which satisfies the requirements imposed by the regulations in force specified for the certified seed; -at the request of the author or the maintainer may be obtained from a prebasic seed; e) seed means seed which: -has identity as a species; -corresponds to the conditions imposed by the European Union regulations in force specified for commercial seed; -corresponds, following an examination, to the conditions of cultural value provided for in the rules in force; f) standard seed of vegetables means seed which: -has sufficient identity and varietal purity; -is mainly intended for consumer production; -corresponds to the conditions of the current rules -is verified in official post-control and corresponds from the point of view of the identity and varietal purity; g) standard vine material means the vegetative material which: -possesses identity and varietal purity; --is intended for the production of young vines or plant parts or for the production of grapes; -corresponds to the conditions of the current rules -following the official examination it is found that it meets the above conditions. 10. Registration of economic operators means the operation of admission of an activity that an economic operator, natural or legal person, wants to carry out within the object or activity, if the technical conditions are met and preliminary organisational measures to carry out that activity. 11. The multiplication contract means the service contract that provides the technical and financial conditions for the production of multiplied seed production, concluded, under the law, between the owner of the seeds intended multiplication or its representative and a multiplier farmer. 12. The declaration of multiplication means the application of natural or legal persons registered for the production of seeds, addressed to the certifying authority, in order to admit the semincere culture, intended for multiplication, for inspection in the field. 13. Official supervision means the procedure by which the competent authority pursues and verifies the specific activity of a natural or legal person authorised by that authority to carry out a certain activity on its behalf. 14. Official monitoring means the procedure by which the competent authority, through the official inspectors, systematically pursues the process of implementation and observance of the legislation in force, during the production, processing and/or marketing of seeds and propagating material, record and communicate the results to the entities directly involved, in order to permanently improve the quality of the service provided. 15. The official catalogue means the official catalogue of varieties of crop plants in Romania. _________