Advanced Search

Order Arm/2308/2009, Of August 12, Amending The General Regulations Of The Register Of Commercial Varieties.

Original Language Title: Orden ARM/2308/2009, de 12 de agosto, por la que se modifica el Reglamento General del Registro de variedades comerciales.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Royal Decree 323/2000 of 3 March amended the General Regulation on the control and certification of seed and nursery plants, the technical regulations for the control and certification of beet seed, plants fodder, cereals, maize and sorghum, seed potatoes, as well as the general regulation on the registration of commercial varieties with the incorporation into our legal system, inter alia, of Council Directive 98/95 of 14 December 1998, amending, with regard to the consolidation of the internal market, plant varieties genetically modified and plant genetic resources, Directives 66 /400/EEC, 66 /401/EEC, 66 /402/EEC, 66 /403/EEC, 69 /208/EEC, 70 /457/EEC and 70 /458/EEC on the marketing of beet seed, fodder plant seed, seed of cereals, seed potatoes, seeds of oil and fibre plants, seeds of vegetable plants and the common catalogue of varieties of agricultural plant species.

In the general technical regulation for the control and certification of seed and nursery plants, it was established that special conditions could be regulated for producing and marketing as well as quantitative restrictions. procedures, in relation to "in situ" conservation and the sustainable use of plant seed genetic resources.

Likewise, in the only additional provision of Royal Decree 323/2000 of 3 March, it was established that the general scheme required for registration, will also apply to the procedure for the registration of varieties of conservation, without prejudice to the special conditions to be laid down by the Standing Committee on Agricultural, Horticultural and Forestry Seeds and Plants of the European Union.

Commission Directive 2008 /62/EC of 20 June 2008 lays down certain exemptions for the acceptance of local varieties and varieties of agricultural species which are naturally adapted to local conditions and regional and threatened by genetic erosion and the marketing of seed and seed potatoes of these varieties and local varieties.

This Order incorporates the aforementioned Directive, amending the General Regulation of the Register of Commercial Varieties as well as the General Technical Regulation for the Control and Certification of Seeds and Nursery Plants. In addition, the adequacy of both Regulations to Law 30/2006, of 26 July, of seeds and plants of nursery and phylogenetic resources, repeal of Law 11/1971, of March 30, of seeds and plants of nursery, is foreseen in this order.

In the preparation of this Order the Autonomous Communities and the representative entities of the sectors concerned have been consulted.

In its virtue, I have:

Article first. Amendment of the General Regulation on the registration of commercial varieties, adopted by Order of 30 November 1973.

The General Regulation on the registration of commercial varieties, approved by Order of 30 November 1973 (Agriculture), is amended in the following terms:

One. The following shall be added at the end of paragraph 4a:

" By region of origin the zone or areas where the conservation varieties have historically been cultivated are understood.

Ecotype is understood to be the set of lines of a variety of population that are naturally adapted to the environmental conditions of their region of origin.

It is understood by genetic erosion the loss of genetic diversity among populations or varieties of the same and within them over time, or the reduction of the genetic base of a species due to human intervention. or environmental change.

In situ conservation of conservation varieties is understood to maintain these varieties in the agricultural environment where they have developed their distinctive properties. "

Two. Paragraph 9a is added with the following wording:

" Nine bis. Applications for conservation varieties may be accepted where they have an interest in the conservation of plant genetic resources.

An application for registration as a conservation variety cannot be accepted, if the same:

a) Your registration or registered in the Register of Commercial Varieties or in the Register of Protected Varieties has been requested.

b) Your registration has been requested in any register of any Member State of the European Union.

(c) The protection of the Community Plant Variety Office (CPVO) or any Member State of the European Union has been protected or requested.

(d) It is included or included as a variety in the Common Catalogue of Varieties and a period of at least two years since its exclusion or a period of two years from the period granted has not elapsed. in accordance with the second paragraph of Article 17 of the General Regulation on the registration of commercial varieties. '

Three. Paragraph 10a is added with the following wording:

" Diez bis. The acceptance of a conservation variety application is conditional on the applicant demonstrating that it has an interest in the conservation of plant genetic resources and that the variety has been traditionally cultivated in the localities and regions threatened by genetic erosion, for this purpose the information of the National Plant Genetic Resources Centre and the Autonomous Communities may be taken into account.

Jointly with the application, information must be provided in the region or regions in which it has been historically grown and which is naturally adapted.

In addition to the above, it will be attached, if available, quality characteristics and requirements, as well as non-official test results and knowledge acquired with the practical experience of cultivation, reproduction and the usage.

The official examination will only be carried out if all the above documentation is provided and considered sufficient. "

Four. Paragraph 11 is replaced by the following:

" Once. The procedures for the registration of varieties may be initiated on their own initiative or at the request of a person concerned.

They shall be initiated on their own initiative, by agreement of the Spanish Office of Plant Variety, at the reasoned request of other organs or by denunciation, when the public interest is advised or treated as varieties of conservation, supply of the domestic market, or other extraordinary circumstances, provided that there is no private initiative or insufficient private initiative.

The Spanish Plant Variety Office may open a period of information prior to the acceptance of the application in order to know the circumstances of the specific case and whether or not to initiate the procedure.

The initiation of an application for registration of a variety shall not in itself imply the exemption from the payment of the fees for the technical examination, except in the case of varieties of conservation. "

Five. At the end of paragraph 18, the following paragraph is added:

"Conservation varieties may only be maintained in their region of origin."

Six. Paragraph 24b is added with the following wording:

" Twenty-four ter. The identification tests are the responsibility of the Spanish Plant Variety Office, which shall be carried out directly or through agreements with the Autonomous Communities or with other public or private entities carrying out similar tasks, based on the material provided by the applicant.

In the case of ecotypes, identification tests may be carried out by the corresponding Autonomous Community, on the basis of the protocol provided by the Spanish Plant Variety Office without prejudice to the checks that you can perform.

However, the varietal characterization studies performed by public or private institutions with experience in the variety trial may be taken into account.

This varietal characterization shall be taken into account, provided that the person responsible for the unofficial tests has the necessary technical qualification, the description is sufficiently detailed and follows: test methods that can be recognised as being in accordance with the state of the art.

As regards the distinction, stability, the protocols referred to in Annexes 1 and 2 of Order APA/3147/2007 of 19 October 2007 shall apply at least.

For the assessment of homogeneity, it will be applicable to the testing protocols of the Community Plant Variety Office (CPVO), as well as in the technical questionnaires of the Union guidelines. International for the Protection of Vegetable Varieties (UPOV).

However, if the level of homogeneity is established on the basis of outside the variety in study, a population standard of 10 per cent and a probability of acceptance of at least 90 per cent will be applied. hundred. "

Seven. Paragraph 30 and three bis are added with the following wording:

" Thirty-three bis. In relation to the names of conservation varieties if the name was known before 25 May 2000, their study will not be necessary, so the names will be accepted as they would have been notified, provided that do not conflict with the name of another variety of the same species or group which is registered or in the process of registration, with a registered trade mark, with a designation of origin or with a protected geographical indication, The Spanish Plant Variety Office will decide.

You can also accept more than one denomination for a variety if it is sufficiently tested that they are historically known. "

Article 2. Amendment of the general technical regulation for the control and certification of seed and nursery plants, approved by the Order of the Ministry of Agriculture, Fisheries and Food of 23 May 1986.

The general technical regulation for the control and certification of seed and nursery plants, approved by the Order of the Ministry of Agriculture, Fisheries and Food of 23 May 1986, is amended as follows:

One. In paragraph 5, point (c) is added to the trade paragraph with the following text:

" (c) Variety of conservation, is, without prejudice to the provisions of Article 3.5 of Law 30/2006, of 26 July, of seed and nursery plants and phylogenetic resources, that local variety naturally adapted to the local and regional conditions and, threatened by genetic erosion. "

Two. In paragraph 5, two new definitions are added following the definition of a commercial variety:

" Region of origin of a conservation variety: It is the region or regions in which it has historically been cultivated or adapted naturally. To identify it, account should be taken of the information provided by the authorities on plant genetic resources or the organisations recognised for this purpose.

Genetic Erosion: Loss of genetic diversity among populations or varieties of the same species, and within them, over time, or the reduction of the genetic basis of a species due to human intervention or environmental change. "

Three. In paragraph 6, a new paragraph (g) is added, with this content:

" g) Seed of conservation varieties: it is the one that descends from seed produced according to well defined practices for the maintenance of the variety, has sufficient varietal purity, has been produced in its region of origin and complies with the requirements set out in paragraph 15a. '

Four. A new paragraph 15a is added with this content:

" 15a. Special requirements for seed of conservation varieties:

a) The seed shall be descended from seed produced according to well defined practices for the maintenance of the variety.

(b) The seed, with the exception of Oryza sativa, shall meet the certified seed certification requirements laid down in the relevant Technical Control and Certification Regulations, with the exception of concerning the minimum varietal purity and those related to the official examination or examination under official supervision.

(c) The seed of Oryza sativa shall comply with the certification requirements applicable to certified seed of second-breeding rice (R-2), as laid down in the Technical Regulation of Control and Certification of seed of Cereals with the exception of those relating to minimum varietal purity and those related to official examination or examination under official supervision.

d) The seed must have a sufficient varietal purity.

e) The seed of a conservation variety can only occur in its source region.

If the certification conditions set out in paragraphs (b), (c) and (d) cannot be met in that region, due to a particular environmental problem, other regions may be authorised for seed production. the information provided by the authorities in the field of plant genetic resources or by the organisations recognised for that purpose. However, the seed produced in those additional regions may only be used in their region of origin.

It shall be verified by official monitoring that seed crops of a variety of conservation comply with the provisions of this Regulation, paying particular attention to the variety, the locations of the seed production and quantities. "

Five. A new paragraph twenty-two ter is added, with this content:

" 22 ter. The seed of conservation varieties may be marketed only in closed packages or containers with a sealing device.

The supplier will seal the packaging or seed containers so that they cannot be opened without damaging the sealing system or leaving evidence of tampering on the supplier's label, on the packaging or on the packaging. container.

For the closure to be secure in accordance with the preceding paragraph, the system must include at least the placement of the label or seal.

Packaging or seed containers of conservation varieties shall bear a supplier's label or a printed or stamped note including the following information:

Enrollment: "EC Rules and Rules".

Name and address of the person responsible for the placement of the labels or their identification mark.

Year of sealing, expressed as follows: 'sealed in ...' (year), or with the exception of seed potatoes, the year of the last sampling for the purposes of the latest germination tests, expressed as follows: 'samples taken in ...' (year).

Species.

Variety.

Enrollment: "Conservation Variety".

Source region.

The production region of the seed, when it is different from the source region.

The reference number of the batch given by the person responsible for the placement of the labels.

Net or gross weight declared, or, except in the case of seed potato, number of seeds.

When the quantity is indicated by weight, and granulated pesticides, pildorado substances or other solid additives are used, the nature of the pesticides and the approximate proportion of the weight of pure seed and the weight of the product shall be indicated. total weight, except in the case of seed potatoes. '

Six. A new paragraph twenty-three bis is added with this content:

" 23a. Tests shall be carried out to verify that the seed of conservation varieties complies with the certification requirements laid down in paragraph 15a (b), (c) and (d)

These tests shall be carried out in accordance with the international methods in force, or, in the absence of such methods, in accordance with any appropriate method.

Samples for such tests shall be taken from homogeneous lots. In addition, the rules on weight of the lot and weight of the sample set out in the relevant Technical Control and Certification Regulations shall apply. '

Seven. In paragraph forty, second paragraph, following the word 'standard', it shall be added:

"and seed of conservation varieties".

Eight. A new paragraph forty-one is added), with this content:

" 41 bis. The seed of a conservation variety can only be marketed if the following conditions are met:

(a) It has been produced in its region of origin or in one of the regions referred to in paragraph 15a.

b) Marketing takes place in your region of origin.

(c) By way of derogation from paragraph (b), additional regions may be authorised for the marketing of seed of a variety of conservation, provided that such regions are comparable to the region of origin as regards natural and semi-natural habitats of that variety.

When these additional regions are authorised, it is necessary to ensure that the quantity of seed needed to produce at least the quantity referred to in the product is reserved for the conservation of the variety in its region of origin. (e).

(d) These additional regions for marketing may not be authorised if the additional regions for the production of seed referred to in paragraph 15a are authorised.

e) For each variety of conservation, the quantity of seed marketed shall not exceed 0,5% of the total seed of the same species used in Spain in a crop year, or of the quantity needed to sow 100 ha, if this quantity is greater. For the species Pisum sativum, Triticum spp., Hordeum vulgare, Zea mays, Solanum tuberosum, Brassica napus and Helianthus annuus, that percentage shall not exceed 0,3%, or of the quantity needed to sow 100 ha, if this quantity is greater.

However, the total quantity of seed of marketed conservation varieties shall not exceed 10% of the total seed of the species concerned used annually in Spain. In cases where that percentage is less than the quantity needed to sow 100 ha, the maximum quantity of seed of the species concerned used annually in Spain may be increased to the extent necessary for sowing 100 ha.

(f) Producers shall notify the competent authority of each Autonomous Community, the dimensions and location of the seed production area before the start of each production season.

The Autonomous Communities must notify the Spanish Plant Variety Office of the total quantities for variety in order to verify compliance with paragraph e).

If, in the light of the notifications referred to in the preceding paragraph, it is established that a given year, the quantity of seed marketed exceeds the quantities laid down in paragraph e), each producer shall be allocated the quantity which may be placed on the market in the production marketing year concerned. '

Single additional disposition. Application of Law 30/2006, of 26 July, of seed and nursery plants and phylogenetic resources.

The references to Law 11/1971 of 30 March of seed and nursery plants, which are contained in the General Regulation of the trade variety register, approved by Order of 30 November 1973, and in the Regulation General technical control and certification of seed and nursery plants, approved by Order of 23 May 1986, shall be construed as references to the corresponding provisions of Law 30/2006 of 26 July of seed and plant of nursery and of resources phylogenetics, which shall be applicable in all cases expressly not provided for in both Regulations.

Final disposition first. Incorporation of Community law.

By this order, Commission Directive 2008 /62/EC of 20 June 2008 laying down certain exemptions for the acceptance of local varieties and varieties is incorporated into the legal order. agricultural species adapted naturally to local and regional conditions and threatened by genetic erosion and the marketing of seed and seed potatoes of these varieties and local varieties.

Final disposition second. Competence title.

This order is dictated by the provisions of Article 149.1.9. of the Spanish Constitution, which attributes exclusive competence to the State in matters of legislation on intellectual and industrial property.

Final disposition third. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, 12 August 2009. -Minister for the Environment, and Rural and Marine Environment, Elena Espinosa Mangana.