LAW 30/2006, July 26, and seed and plant breeding and plant genetic resources.

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

The use of seed and nursery plants is a basic factor for agricultural activity, as it is one of the investments with a higher multiplier effect, due to its significant and positive impact on productive capacity, resistance to adverse agents and quality of the crops. Through the seeds and nursery plants, a full transfer of cutting edge technology from the research laboratory to the field of cultivation is achieved.

The acquisition of new varieties has become a highly specialized activity, which demands high investments and requires extensive periods of time and multidisciplinary and specially qualified human teams for its implementation. These circumstances and the mutual dependence between the sectors related to seed and nursery plants, namely breeders of varieties, producers and traders of seeds and nursery plants, farmers, agro-food industries, Distributors and consumers make it necessary to regulate and balance the most important activities in this area so that the rights and obligations of each sector are clearly defined.

This regulation of the different activities related to seed and nursery plants requires the development of a complete legal regulation. This legal regulation must be developed in three fundamental aspects: the collection, characterization and evaluation of plant varieties and the Register of commercial varieties; the corresponding production and marketing of seed and nursery plants, and, finally, closely related to the first, the reference to plant genetic resources for agriculture and food.

The legislation in force regarding seed and nursery plants is the result of the development of Law 11/1971, of March 30, of Semillas and Plants of Vivero. This legal framework has undergone many changes as a result of the incorporation into our legal system of the Community Directives in this field. On the other hand, the distribution of powers between the State and the Autonomous Communities arising from the Constitution and the Statute of Autonomy, in the interpretation given by the Constitutional Court in various judgments in the matter, requires the clear determination of the powers of the State. All this, it is advisable to replace this law with a new legal norm that is consistent with the Spanish law in this field.

The renewal of the legal framework for the regulation of seed and plant breeding plants and plant genetic resources began with the approval of Law 3/2000, of January 7, of the Legal Regime of the Protection of Plant Varieties, amended by Law 3/2002 of 12 March, which regulated the procedure and the rules applicable to the recognition of ownership over plant varieties, through its registration in the Register of protected varieties. This law completes the renewal of the legal regime for seed and nursery plants by establishing the requirements for their marketing, including their registration in the Register of commercial varieties.

Between the Registry of Protected Varieties, whose management is the responsibility of the General Administration of the State, in accordance with Law 3/2000 of 7 January, of the Legal Regime of the Protection of Vegetable Varieties, and the Registration of commercial varieties that is regulated in this law, there is a very close relationship in terms of its purposes and the works to be developed for the registration of varieties both in one and another registry.

In the Register of protected varieties are registered those varieties for which a right of ownership is granted to their breeder, which translates into an exclusivity of production and marketing for that breeder. This exclusivity cannot be exercised if the marketing authorization does not take place, which is achieved through registration in the Register of commercial varieties.

The tests to be carried out both in the field and in the laboratory to define the varieties are identical in both records, so if a variety has already been protected or entered in the Variety Register protected, does not require its repetition for registration in the Register of commercial varieties. Only in some species is a new type of additional testing, called agronomic value, that provides information on the agronomic advantages of the variety in relation to the existing ones throughout the Spanish territory.

Consequently, the attribution to the State, of an executive competence such as that of the admission and registration of the commercial varieties, by the examination of each one of which the breeder or applicant presents, with the studies, tests and tests carried out in the field to check that it is a different, homogeneous and stable variety, requires the highest degree of homogeneity which can only be guaranteed by the attribution to a sole holder of the competition and which will necessarily be the State.

The difficulty is determined by the nature of the matter, which prevents or would make it difficult to break up public activity which does not refer to aspects of mere verification of formal requirements, but to the behaviour of living beings who are to exceed a number of tests and to have, once admitted or authorised for marketing and registered in a national register, a single name or trade name of the variety and a conservation commitment in appropriate conditions on the part of the applicant who permanently guarantee his/her distinction, stability and its homogeneity.

In Title II, commercial varieties and their registration are regulated, which must be carried out by means of tests and works closely related to those to be carried out for the Register of protected varieties. requires an approximation between the two regimes and registers. According to this, Title II of this law is given under the exclusive state competence arising from Article 149.1.9. of the Constitution on intellectual and industrial property law, in respect of the actions that will culminate in the registration of commercial varieties.

Therefore, the management of both records should be entrusted to the same authority and not only to avoid duplicity of jobs, but to be consistent with the purpose of both records.

In relation to the production and marketing of seed and nursery plants, it is necessary to ensure that seed and nursery plants are increasingly responsible for their own activity, through the use of internal controls that they themselves establish.

It is also necessary to evolve in the field of official control, in line with the guidelines of the European Union, in order to promote a greater commitment of seed and nursery plants.

The guarantees provided by the law to farmers benefit in equal measure to final consumers who acquire seed and nursery plants for uses other than any business or commercial activity.

Since the first farmers started their activity and obtained very different materials, in different places, because of the different environments and differences in the starting materials, contributing to conservation and The development of plant genetic resources, up to the present time, has been and is the source of all available reproductive material.

First, by the application of an empirical selection, and secondly, by the application of very diverse and increasing complexity techniques, framed in what is known as plant genetic improvement, obtaining varieties have as a fundamental basis the plant genetic resources; hence their intimate relationship.

This requires the management and protection of plant genetic resources to be regulated in a range of law, in order to preserve and promote the sustainable use of these resources, to expand the genetic base of crops, varieties and species, strengthen research that promotes and conserve biological diversity and encourage the creation of close links between genetic improvement and agricultural development. These provisions are set out in the International Treaty on Plant Genetic Resources for Food and Agriculture in harmony with the Convention on Biological Diversity.

This law also regulates the fees resulting from the conduct of tests and other specific activities for registration in the Register of commercial varieties and establishes an effective and dissuasive sanctioning regime in which the clearly delimit the concurrent responsibilities.

For a better management of the sector and the establishment of a dynamic and transparent market, given the complexity of the different matters regulated in this Law, whose competencies correspond to the Ministry of Agriculture, Fisheries and Food and are carried out by the Spanish Office of Plant Variety, it is necessary to have the technical, human and material resources suitable for the long administrative procedures of registration of varieties, the designs of the tests, the updating of the protocols of I would like to thank the Commission for its work on this report, and I would like to thank the Commission for its work on this report, and I would like to thank the Commission for its work. This close cooperation requires frequent exchanges of information, which are essential for the proper exercise of the powers of the Central Administration, the Autonomous Communities and the European Union. computer systems that enable real-time data transmission.

Finally, the creation of collegiate bodies in the field of seed and nursery plants and in relation to the conservation and utilization of plant genetic resources is available. The coordination, in accordance with their respective competences, of the various administrations and authorities involved in these processes and the need to contrast the opinions of the experts makes precise the creation of study and proposal for general policy decisions on seed and nursery plants and plant genetic resources for agriculture and food and for the management and coordination of activities related to such matters.

TITLE I

General provisions

Article 1. Object.

This law aims to establish the legal regime applicable to production for the marketing and marketing of seed and nursery plants, to regulate the conditions for the conservation and use of plant genetic resources and determine the procedure for the registration of commercial varieties in the corresponding register.

Article 2. Scope.

The scope of this law comprises the seeds and nursery plants of all genera and plant species, including fungi.

Article 3. Concept of seeds, nursery plants and varieties.

1. Seed is defined as the elements which, botany or vulgarly, are designated by this name and whose purpose is to reproduce the species or to establish crops, as well as the tubers, bulbs and other organs and living material used with such purposes.

2. Whole plants and parts of plants intended for the establishment of plantations, as well as plant materials not included in the definition of seeds and used for breeding or propagating, are understood by nursery plants. including clones.

3. It is understood by variety or cultivar the set of plants of a single botanical taxon of the lowest known range, which can:

(a) To be defined by the expression of certain morphological, physiological, cytological, chemical, biochemical or other characters of agricultural or economic character, resulting from a certain genotype or a certain combination of genotypes.

b) Distinguished from any other set of plants by the expression of one of these characters at least. (c) To be considered as a unit, taking into account its ability to spread without alteration.

4. Whole plants or parts of plants are defined as a set of plants, provided that these parts are capable of generating whole plants.

5. A variety of conservation is understood to constitute an irreplaceable heritage of plant genetic resources for the safeguarding of biological and genetic diversity, which makes it necessary to preserve it through cultivation and marketing of seed or nursery plants of native eco-types or varieties adapted naturally to local and regional conditions threatened by genetic erosion.

TITLE II

Commercial Varieties

CHAPTER I

Commercial Variety Record

Article 4. Registration in the Register of commercial varieties.

1. In the Register of commercial varieties, managed by the Ministry of Agriculture, Fisheries and Food, the applications for registration, the botanical species, the varietal denominations, the resolutions for the registration of varieties, shall be recorded. cancellations, renewals and circumstances shall be determined in a regulated manner.

2. The provisions of this Title shall apply to all genera and species of economic importance in agriculture and derived industries and to those for which a Community standard so provides, and shall cover all varieties and, in the case of hybrids or synthetic varieties, to their constituents.

3. For the registration of genetically modified varieties it will be necessary for the genetic modification to have the marketing and cultivation authorisation in the European Union.

4. For the registration in the Register of commercial varieties of varieties of forest species, it will be necessary for the basic material from which they have been approved in accordance with their specific regulations and included in the national catalogue of base materials.

Article 5. Nature of the registration.

1. The registration in the Register of commercial varieties, which requires the preservation of these, is a prerequisite and obligatory for the production destined to the marketing and for the marketing of seeds and plants of nursery, always which:

(a) The technical rules for registration for the species concerned shall be published.

(b) This is not a species or a category of seed or nursery plants for which its specific technical regulation or a Community standard derogate from the requirement of registration for placing on the market.

2. Seed and plant breeding plants of varieties included in the Register of commercial varieties shall not be subject to any marketing restrictions, except for those resulting from the existence of a plant variety right and set out in Article 6.

3. The following varieties shall not be entered in the Register of commercial varieties for marketing purposes:

(a) Those included in the common catalogues of varieties of the European Union except as provided for in Article 7.

(b) Those included in the national catalogues of the Member States of the European Union where a Community standard expressly establishes it for a particular species.

4. In order to eliminate temporary difficulties in the supply of seed, and for a given period of time, the marketing of seed of a category subject to less stringent or less stringent requirements may be authorized, heard by the Autonomous Communities. seed of varieties not entered in the Common Catalogue or in the Register of commercial varieties.

Article 6. Restrictions on the marketing of varieties registered in the Register of commercial varieties.

In exceptional circumstances, restrictions on the marketing of varieties may be established for the following reasons:

(a) Phytosanitary, or where there are indications of risks to human health or animal health, as well as to the environment.

(b) Agronomics, to be established for those varieties which can only be used in certain areas or growing conditions.

Article 7. Restrictions on the marketing of varieties included in the common catalogues of varieties of the European Union.

By way of derogation from Article 5 (3) (a), the use of a variety, in whole or in part of the national territory, may be prohibited by means of the procedure laid down in Community legislation.

Article 8. Scientific exception for experimentation and testing.

1. The Ministry of Agriculture, Fisheries and Food may authorise the marketing of small quantities of seed or nursery plants of unsolicited varieties which are produced or imported for scientific or scientific purposes. selection.

2. The Ministry of Agriculture, Fisheries and Food may authorise producers to place on the market adequate quantities of seed or nursery plants, intended for experimentation or testing, of varieties for which it has been requested. registration in the Register of commercial varieties.

3. In the case of seed or nursery plants of genetically modified varieties, the authorisations referred to in the preceding paragraphs may be granted only if all the necessary measures have been taken to avoid adverse effects. for health, animal health or the environment. The environmental risk assessment shall follow the procedure laid down in Law 9/2003 of 25 April establishing the Legal Regime for Contained Use, Voluntary Release and Marketing of Organisms Genetically Modified.

CHAPTER II

Requirements for enrollment

Article 9. Requirements that the variety must meet to be enrolled.

1. A variety may be entered in the Register of commercial varieties where, without prejudice to the other formalities provided for in this law, the technical examination shall ensure that:

a) It is different.

b) Is homogeneous.

c) It is stable.

d) Has sufficient agronomic or use value and so requires the technical standards for the registration of varieties.

2. The assessment of the requirements for distinction, homogeneity and stability shall be carried out in accordance with the provisions of Law 3/2000 of 7 January of the Legal Regime for the Protection of Plant Varieties.

3. Genetically modified varieties must also comply with a monitoring plan.

4. In order to take account of developments in relation to "in situ" conservation and the sustainable use of plant genetic resources, less stringent requirements for conservation varieties will be established for conservation varieties. with regard to the technical examination.

Article 10. Agronomic or Utilization value.

It is considered that a variety has an agronomic value or sufficient use if, in comparison with other varieties admitted in the Register of commercial varieties, the whole of its qualities when grown in an area (a) is a clear improvement, either in relation to its cultivation, its productivity, its use or that of the products derived from it. Inferiority in some of its agronomic or utilization characters may be compensated by others that are presented as favorable.

Article 11. Denomination of the variety.

1. Any variety shall be designated by a single denomination, which allows it to be identified without risk of confusion with others and intended to be its generic designation.

2. Varietal denominations may take the form of a fancy name or an identification code.

3. The rules on varietal denomination to check whether or not a requested denomination is admissible shall be those laid down by Community legislation.

4. The registration of the name and the rules for its use shall be those laid down in Articles 48 and 49 of Law 3/2000 of 7 January of the Legal Regime of the Protection of Vegetable Varieties, with the exception of the provisions of Article 48.5 of that law. Any person who has an earlier right to the denomination who may be affected by the variety's registration may object to its use in accordance with the provisions of Article 18 of this Law.

CHAPTER III

Procedure

Article 12. Initiation.

1. The procedures for the registration of varieties in the Register of commercial varieties may be initiated on their own initiative or at the request of the applicant, his or her successor or a person authorised by them.

2. The application for registration shall be accompanied by at least the following documentation:

a) Accreditation of the applicant in case of not matching the person of the breeder.

b) Technical description of the variety.

c) Document concerning the denomination of the variety.

Article 13. Submission of applications.

1. The application for registration, addressed to the Minister for Agriculture, Fisheries and Food, shall be submitted to the competent authority of the Autonomous Community in which the applicant is established for the purpose of the formal study.

2. Where applicants are not domiciled in Spain or where applications are submitted through a commercial, industrial or research establishment which is not of a territorial nature, applications shall be submitted to the Ministry of Agriculture, Fisheries and Food which will also carry out the form examination.

3. The Autonomous Communities which receive the applications shall forward to the Ministry of Agriculture, Fisheries and Food within 10 days of their receipt, a copy of the documents received which make up the application.

Article 14. Advertisement of the applications.

1. The Ministry of Agriculture, Fisheries and Food will publish a bulletin of commercial varieties periodically.

2. The trade variety newsletter shall publish the data to be determined on a regulated basis and, in any case, the following information:

a) Submitted and dropped requests.

b) Naming requests, the relationship of approved denominations, as well as naming changes.

c) Estimated and unsuccessful requests.

d) The oppositions presented and their resolution.

e) The indication, if any, that they are genetically modified varieties.

Article 15. Shape exam.

The competent body to receive the application will perform its formal examination and check that it is accompanied by the required documentation.

Article 16. Referral of the request.

1. The Autonomous Communities shall forward to the Ministry of Agriculture, Fisheries and Food, with any action, applications which have passed the form examination before the deadline laid down in the technical rules for the registration of the plant material, so that the varieties applied for may be included in the relevant tests.

2. The Autonomous Communities shall communicate to the Ministry of Agriculture, Fisheries and Food the decisions of the State, once the resolution is firm. If the decision has been challenged, this shall also be notified.

Article 17. Background examination.

1. The Ministry of Agriculture, Fisheries and Food shall examine the documentation attached to the application to verify the material requirements and to carry out a general examination of the lawfulness.

2. To this end, it shall be verified:

(a) If the technical questionnaire and the technical data provided by the applicant provide the necessary information for the performance of the technical examination.

(b) If the name is appropriate, as provided for in Article 11.

3. The Ministry of Agriculture, Fisheries and Food will require applicants to provide the relevant documents and supporting documents within 30 days.

4. Citizens ' access to the information contained in the Register of commercial varieties shall be governed by the rules laid down in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative, and the secrecy of the method of procurement shall always be ensured.

Article 18. Opposition.

1. Any person may object to the registration of a plant variety by submitting a letter to the Ministry of Agriculture, Fisheries and Food.

2. Only opposition based on any of the following grounds may be considered:

(a) Failure to comply with the conditions laid down in Articles 9 and 10. However, the opposition will not be able to be based on ownership and domain issues, which should be raised in the ordinary courts.

(b) The infringement of the rules on varietal denominations set out in Article 11 of this Law or in its implementing regulations.

3. Those who express their opposition shall be considered to be interested in the effects of the provisions of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

4. The processing of the opposition shall be carried out in accordance with the provisions of Article 42 of Law 3/2000 of 7 January of the Legal Regime of the Protection of Plant Varieties With the particularities to be established regulentarily.

Article 19. Technical examination.

1. After examination of the application, the variety shall be submitted to a technical examination for the purpose of:

a) Check that the variety belongs to the botanical taxon described.

b) Determine that it is distinct, homogeneous and stable, by means of the identification test.

c) Set an official description of the variety.

d) Where appropriate, know the capacity to adapt to certain conditions of cultivation, performance, resistance to diseases, pests or accidents, quality of the products and other agronomic or use characteristics, the variety in question, by means of the agronomic or use-value test.

2. The technical examination will follow the rules contained in article 40 of Law 3/2000, of January 7, of the Legal Regime of the Protection of Vegetable Varieties, with the particularities that are pointed out regulatively.

3. The identification tests carried out in the Register of protected varieties shall be considered valid for the Register of commercial varieties, and the official samples of plant material of the variety provided by the applicant for the Register of protected varieties shall also be considered as such in the Register of commercial varieties.

4. The procedure for the official registration of conservation varieties shall take into account characteristics and quality requirements. In particular, the results of non-official tests and the knowledge acquired through practical experience during cultivation, reproduction and use and the detailed descriptions of the varieties and their corresponding Names shall be taken into consideration and, if they are sufficient, shall give rise to the exemption from the official examination. Once the eco-type or the autochthonous variety has been accepted, it shall be incorporated into the corresponding list of commercial varieties with the words "conservation variety".

Article 20. Resolution of the procedure.

1. The Minister of Agriculture, Fisheries and Food will decide on the registration of a variety.

2. Provisional inscriptions may be granted before the completion of the technical examination for varieties which meet the requirements for distinction and homogeneity in the first stage.

3. Provisional marketing authorisations may be granted on request to those varieties for which an application for registration has been submitted and in accordance with the requirements laid down in regulation.

4. The registration decisions in the Register of commercial varieties shall indicate, where appropriate, the restrictions on their use and whether they are varieties intended exclusively for export.

Article 21. Duration of the procedure.

1. After the maximum period of time of the procedure without the Administration having issued an express decision, the application for registration shall be deemed to be dismissed.

2. The maximum period for resolving and reporting shall be six months. This period shall be suspended from the notice to the person concerned that the dossier is prepared for the technical examination provided for in Article 19 of this Law, until the results of this examination are incorporated into that examination, as provided for in Article 42.5.d) of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 22. Duration of enrollment.

1. The registration of a variety in the Register of commercial varieties shall be valid for ten years, renewable for periods of ten years, except for exceptions which lay down the technical rules for the registration of the different species of agreement with the Community rules. The duration and renewal of the registration of a genetically modified variety shall be subject to the maximum marketing period granted to the genetic modification contained therein.

2. The completion of the registration period will result in cancellation.

Article 23. Cancellation.

1. The cancellation of the registration of a variety shall be effected when the reasons for granting or overbearing other causes have been removed which, if they have existed, would have justified the refusal and, in particular, the following reasons:

a) Lack of marketing of the variety.

b) That the variety is no longer preserved.

c) That the variety has ceased to be distinct, stable or sufficiently homogeneous.

(d) It has been established that the variety has been seriously affected by new or likely to promote the spread of diseases or pests.

e) That the variety has been found to have not had the intended behavior relative to the agronomic value.

f) It has been established that there is a risk to human health or animal health or to the environment.

g) That legal or regulatory, national or community standards are not subsequently respected.

h) When it is demonstrated that false or fraudulent information has been given in relation to the data under which the registration was granted.

2. The cancellation of the registration, provided that it does not expire in time, will require a file to be opened to the effect, in which the interested parties will be heard. Pending the resolution of this dossier, the Ministry of Agriculture, Fisheries and Food may suspend the production and marketing of seed or nursery plants of the variety concerned.

TITLE III

Production and marketing of seed and nursery plants

CHAPTER I

Requirements for the production and marketing of seed and nursery plants

Article 24. Production and marketing.

1. Production means the set of operations to multiply and condition the seeds and nursery plants for planting or planting.

2. The sale, the holding for sale, the offer to sell and any transfer, delivery or transfer for commercial exploitation, seed or nursery plants, including any consumer, shall be understood to be on the market, including any consumer, no.

3. The production and marketing of forest reproductive material shall be governed by its specific rules as regards this Title.

4. The production and marketing of conservation varieties, amateur varieties and seed mixtures shall be governed by a specific regulation.

Article 25. Varieties subject to production and marketing.

In those species for which a Register of commercial varieties or a common catalogue of varieties of the European Union has been established, only seed and plant breeding plants of the European Union may be produced and marketed. varieties registered in those varieties, as provided for in Article 5.

Article 26. General requirements.

1. The production of seed and nursery plants shall be in accordance with the general conditions laid down in this law and the specific conditions laid down in the Technical Regulations, issued by the Ministry of Agriculture, Fisheries and Food, for each species or group of species.

2. The rules for the production and marketing of seed and nursery plants shall not apply to plant materials intended for export to third countries.

Article 27. Requirements for the production and marketing of seed and nursery plants.

Specific technical regulation shall include at least the following:

a) Included species.

b) Eligible commercial Varieties.

c) Categories of seed or nursery plants admitted for each species or group of species.

d) Requirements for the production plots.

(e) Seed quality requirements, taking into account the standards of the International Seed Analysis Association (ISTA) and nursery plants, including the tolerance thresholds for the seed adventitious presence of genetically modified organisms.

f) Controls to be performed.

g) The methods of production and marketing of seed and nursery plants for organic farming.

h) The methods of production and marketing of conservation varieties, amateur varieties and seed mixtures.

Article 28. Special areas of cultivation and production.

1. The Autonomous Communities may lay down areas where the cultivation and production of certain species or varieties are regulated where it is necessary to ensure plant health, human or animal health or to preserve the environment and diversity. without prejudice to compliance with Community legislation for such purposes.

2. They may also lay down the special conditions under which they may be produced and placed on the market, as well as quantitative restrictions which may be applied in relation to "in-situ" or "ex situ" conservation and the sustainable use of the plant genetic resources.

Article 29. General exceptions.

The Ministry of Agriculture, Fisheries and Food may authorise with sufficient guarantees the production and marketing of adequate quantities of seed and nursery plants that do not meet the requirements of this Title. where they are intended for scientific evidence or purposes or for selection purposes, provided that they are not transgenic, without prejudice to the provisions of Law 9/2003 of 25 April of the Legal Regime for Contained Use, Voluntary Release and Marketing of Genetically Modified Organisms, and in Royal Decree 178/2004, of 30 January, by which the general regulation for the development and implementation of the said law is adopted, in respect of the authorizations for voluntary release in the crops whose purpose is to carry out the technical examination for the registration of commercial or protected varieties.

Article 30. Mandatory use of the varietal denomination.

Seed and nursery plants belonging to a variety included in the Register of commercial varieties or in the common catalogues of varieties of the European Union, or, failing that, which are of national or national protection Community plant variety rights may only be placed on the market under the name entered.

Article 31. Seal of seeds and nursery plants.

1. Seeds shall be placed on the market in sealed and labelled packages, without prejudice to the special provisions for the dispatch of seeds in bulk.

2. Nursery plants shall be placed on the market sealed and labelled individually or grouped together.

3. The seal consists of the closed operations of the containers or bundles containing them and the placement of labels, so that they cannot be opened without the closure system being damaged or without the packaging or the label showing tampering signals.

4. The labels, both the official and the supplier, must be written, at least, in the official Spanish language of the State.

5. Seed and nursery plants of species not provided for in the specific technical regulation may be placed on the market or in bulk, but in both cases they must be accompanied by a label or a supplier's document where they appear, at least the name of the supplier, the species, the variety and the provisions of paragraph 6 of this Article, if applicable.

6. The following information shall be included in the labels, both of seeds and of nursery plants containing genetically modified organisms: 'It contains genetically modified organisms'.

Article 32. Storage.

No grains or plant organs intended for commercial purposes other than multiplication and reproduction may be deposited in the warehouses of seed, except with the authorization of the competent authority, in accordance with the conditions to be established.

Article 33. Marketing of seed and nursery plants from other Member States of the European Union.

1. Seed and nursery plants of species whose marketing is not regulated within the European Union and which come from their Member States shall comply with the following requirements in order to be placed on the market in Spain:

a) Offer the same guarantees as those produced in Spain, in accordance with the specific regulations and with the phytosanitary regulations in force.

(b) to be accompanied by a certificate issued by the competent authority of the Member State from which it comes, stating that such seed and nursery plants are authorised to be placed on the market in that Member State; country.

2. Seed and nursery plants which come from Member States of the European Union and belong to species and categories covered by Community Directives may be marketed freely, provided that they satisfy all the requirements laid down in Article 3 (1) of the Treaty. in these.

3. The seed and nursery plants referred to in the preceding paragraphs shall complete and provide to the competent bodies of the Autonomous Communities the documents and particulars necessary for the purpose of facilitating control and information provided for in Community legislation and for drawing up national statistics. The Autonomous Communities shall provide the Ministry of Agriculture, Fisheries and Food with all the information and information available to them for the purposes of these purposes.

CHAPTER II

Imports

Article 34. Conditions for the import of seed and nursery plants from third countries.

1. Seed and nursery plants imported from third countries and belonging to species whose marketing is regulated within the European Union shall comply with the following conditions:

(a) Where in the European Union some form of equivalence with third countries has been established for certain species and categories, only seeds and nursery plants of such species may be imported and categories, and of those countries for which equivalence has been recognised, under the conditions set out in the corresponding equivalence decisions issued by the European Union.

(b) Where seed and nursery plants for which a system of Community equivalences has not yet been established are imported from third countries, those plants must meet the same requirements as those required for seed and nursery plants produced within the European Union.

2. Seed and nursery plants of species whose marketing is not regulated in the European Union, coming from third countries, shall provide the same guarantees and conditions as those produced in Spain, in accordance with their specific regulatory and phytosanitary regulations.

CHAPTER III

Seed and nursery plants suppliers

Article 35. Concept and classification of suppliers.

1. Any person, natural or legal person, who carries out professionally in relation to seed and nursery plants some of the following activities: production, storage, import and marketing or placing on the market market.

2. Based on the main activity they perform, the suppliers are classified into:

a) Producer: the one that performs the production activity and can also perform any of the flagged for the other vendors.

b) Merchant: the one performing the import, storage or marketing or placing on the market.

Article 36. Authorization and registration.

1. All seed producers and nursery plants must be authorised by the Autonomous Community where they are officially registered and registered by the Community. Such authorization, which shall take effect throughout the territory of the State, shall be forwarded to the Ministry of Agriculture, Fisheries and Food to be included in the National Register of Producers.

2. Where the facilities and facilities necessary for the granting of such authorization are in one or more Autonomous Communities other than the one requested by the said authorization, they shall issue, at the request of the Community Autonomous where the said application has been submitted, a report indicating how many circumstances may be relevant for the granting of the relevant authorisation.

3. All traders shall communicate the exercise of their activity for the purposes of their registration in the register of the corresponding Autonomous Community in which they have their premises.

4. The requirements to be met by the producers will be clearly stated. In any case, they must have their own means of technical and human equipment, in line with their production.

Article 37. Loss of provider condition.

The provider condition, in the class in question, will be lost in the following cases:

(a) On a temporary basis, where it has been sanctioned for a very serious administrative infringement, in accordance with Article 65.

b) When it is found that the supplier no longer meets the conditions that resulted in the granting of the authorization to exercise as a supplier.

c) When you have ceased activity for more than two consecutive years.

Article 38. National register of producers.

1. The Ministry of Agriculture, Fisheries and Food shall maintain the national register of producers, for information purposes, to give publicity to the authorizations and to collect the relevant information to be sent by the Communities. Stand-alone.

2. The Autonomous Communities shall communicate to the Ministry of Agriculture, Fisheries and Food the high, modifications and casualties in the authorisations granted to the producers.

CHAPTER IV

Control and certification of seed and nursery plants

Article 39. Official control operations.

The process of production and sealing of seed and nursery plants shall be subject to official control to determine whether the plant material meets the requirements laid down for the category of the material concerned. applicable in their case. Official control shall be carried out directly by or under the supervision of the Autonomous Communities, under the conditions laid down by the rules in force. Official control shall also be extended to the marketing and activity of suppliers.

Official control shall be carried out in accordance with generally accepted international standards and established in specific technical regulations.

Article 40. Certification of seed and nursery plants.

Certification of seed and nursery plants is the set of control operations that are officially carried out in a documented way to verify that the production of a given plant material meets the requirements legal according to the category of the material in question.

In the cases established, the competent authority shall certify that the seed and nursery plants comply with the requirements for production and sealing.

Article 41. Obligation of collaboration.

Seed suppliers and nursery plants are required to provide all collaboration to the competent official bodies to enable them to carry out the official controls established in this law and in their regulations. specifies.

Article 42. Controls by suppliers.

1. In order to ensure compliance with the rules contained in this law and in its implementing regulations, suppliers, either by themselves or in collaboration with another supplier, must carry out self-checks as the applicable rules point.

2. Suppliers shall verify the quality of the seed and nursery plants which they produce or place on the market in accordance with the rules applicable to them.

Article 43. Quality verification.

1. To check at any stage of the production process, the technological quality, the varietal purity and the health status of the seeds and nursery plants to be marketed in the national territory, the Autonomous Communities and the The General Administration of the State, in their respective fields of competence, shall establish specific field and laboratory test plans with samples taken for that purpose.

2. The General Administration of the State, in coordination with the Autonomous Communities, shall draw up national quality control plans for seed and nursery plants subject to trade.

3. The General Administration of the State may encourage the evaluation of new plant varieties to improve the yield and quality of the crops.

TITLE IV

Plant Genetic Resources

CHAPTER I

General provisions

Article 44. Definitions.

For the purposes of this law, it is understood by:

a) Plant genetic resources: any genetic material, of plant origin, which by extension includes fungi, with real or potential value for agriculture and food.

b) Genetic material: reproductive and vegetative propagation material, which contains functional units of the inheritance.

c) "in situ" conservation: the conservation of genetic material in its natural ecosystems and habitats, and the maintenance and recovery of viable populations of species in their natural environments and, in the case of species cultivated, in environments where they have developed their specific properties.

d) "ex situ" conservation: the conservation of plant genetic resources outside their natural habitat.

Article 45. Scope of application.

1. The provisions of this Title will apply to plant genetic resources for agriculture and food that require specific provisions to ensure their conservation and sustainable use.

2. Conservation varieties shall always have the consideration of plant genetic resources.

3. With regard to the application of the provisions of Chapter II of this Title, the list of crops covered by the multilateral system established by the International Treaty on resources is excluded from the scope of application of this Title. Plant genetics for food and agriculture for those States attached to it.

CHAPTER II

Access to Plant Genetic Resources

Article 46. Limitation of access to plant genetic resources.

1. The Autonomous Communities, within their territorial scope, may establish conditions for access of plant genetic resources "in situ" in the areas and species whose collection requires special protection to preserve their conservation and use. sustainable.

2. Only plant genetic resources for research, genetic improvement and promotion of the conservation and sustainable use of these resources can be accessed.

3. Access by natural or legal persons from other States, other than the Spanish State, shall be subject to Community legislation and to the existence of bilateral agreements on the transfer of material, conventions or bilateral treaties established for that purpose.

Article 47. Obligations of the recipients.

1. Recipients may not claim any intellectual, industrial or other right of ownership which limits access to plant genetic resources for food and agriculture, or to their genetic parts or components, in the form of received.

2. Recipients of plant genetic resources may not transfer to third parties the plant genetic resources received without the consent of those who have provided them.

3. The recipients shall undertake to forward to the body or entity which has provided the plant genetic resource every two years, and up to 20 years after receipt, a report on the research and applications obtained from the use in that period of the plant genetic resources received, except strictly confidential.

4. The recipient of a plant genetic resource, placing on the market in Spain or abroad a product incorporating genetic material from the plant genetic resources received, shall be obliged, for the duration of such marketing, to the said recipient. the product is, without restriction, at the disposal of any other national person or institution for use in further genetic research and improvement, in compliance with the existing legislation on intellectual property rights.

CHAPTER III

National programme for the conservation and sustainable use of plant genetic resources for agriculture and food

Article 48. National programme for the conservation and sustainable use of plant genetic resources for agriculture and food.

1. The National Programme for the Conservation and Sustainable Use of Plant Genetic Resources for Agriculture and Food, which will take into account Articles 5 and 6 of the International Treaty on Plant Genetic Resources for Food and agriculture shall comprise the following purposes:

(a) Avoid the loss of genetic diversity of disused agro-food species and varieties and those whose genetic potential is susceptible to direct use or to be employed in the genetic improvement of species plants.

b) Characterize and document this plant material to facilitate and promote its sustainable use.

c) Establish an adequate structure of plant genetic resource banks that will ignite the necessary national and international cooperation in the field.

2. The national programme shall be structured in action plans which shall establish the lines of work and the corresponding measures for the achievement of those objectives.

3. The action plans shall determine in particular the actions for the maintenance, characterization and use of the collections of plant genetic resources to be carried out during their lifetime, as well as the coordination actions for their activities. execution.

Article 49. Network of collections of the national programme.

1. The Network of collections of the national programme shall be composed of the collections of plant genetic resources maintained "ex situ" in the form of seed or with material of vegetative reproduction by organisms belonging to the public administrations whose responsible authorities express their desire to incorporate them into the network.

2. Plant genetic resources that are incorporated into the Collection Network shall, at least, comply with the following requirements:

a) Be properly identified.

b) Be in suitable storage conditions.

c) Those that are established regulatively.

3. Public administrations shall ensure that plant genetic material is maintained and preserved.

Article 50. National Plant for Plant Genetic Resources.

1. The Center for Plant Genetic Resources of the National Institute of Agricultural and Food Research and Technology will have a National Center for Plant Genetic Resources.

2. The functions of the said centre shall be as follows:

a) To be the center of conservation of the seed base collections, in which a duplicate of all the seed collections that integrate the Network of collections of the national program must be deposited.

b) Be the documentation center of the National Program Collections Network and responsible for the development and maintenance of the inventory of plant genetic resources included in the Collection Network.

c) Advise the competent authority to request it.

d) Participate in monitoring the implementation of the national programme's action plans and prepare an annual report.

e) Other functions that may be regulated to you.

Article 51. Farmers ' rights.

Mechanisms will be established to protect and promote the rights of farmers and, in particular, appropriate measures should be put in place to participate in the distribution of the benefits that are derive from the use of plant genetic resources for food and agriculture.

Public administrations, in the field of their competencies, should establish, in order to promote the use and conservation of genetic resources in danger of disappearance, measures aimed at:

(a) Provide farmers with the conservation, use and marketing of seed and nursery plants kept on their farms, of local varieties in danger of disappearance, in limited quantities and in accordance with legislation on seed and nursery plants.

b) The protection, conservation and development of traditional knowledge of interest for plant genetic resources for food and agriculture.

TITLE V

Rates regarding Commercial Variety Record

Article 52. Taxable persons and exemptions.

1. Applicants for the registration of a variety in the Register of commercial varieties and persons, natural or legal persons, in whose favour the provision of the services constituting their acts, shall be liable for such fees. taxable.

2. The rates established shall be governed by the provisions of this Title and by the other sources of legislation which are laid down in Article 9 of Law 8/1989 of 13 April 1989 on Public Fees and Prices, in particular as regards the subject required to pay the fees as tax liability.

3. The recognition and registration of conservation varieties referred to in Title IV shall be exempt from the payment of the fees of this Title V.

Article 53. Fee for processing and resolution.

It is the taxable fact of this fee to deal with the administrative procedure and its resolution.

The accrual of the fee will occur at the time the procedure is initiated by the General Administration of the State. The amount of the fee for the handling and settlement of the file is EUR 306,52.

Article 54. Fee for the conduct of the identification test.

The taxable fact of this fee is the conduct of the tests, tests and any other activity included in the identification test necessary for the registration of a variety, in accordance with its legislation specifies.

For the purposes of this Article, species or groups of species belonging to the plant varieties whose material is to be tested are classified in the groups listed in Annex 2 to Law 3/2000, 7 of January, of the Legal Regime of the Protection of Vegetable Varieties.

The accrual of the fee shall occur, the first year, at the time of delivery of the plant material to the competent authority for the conduct of the test, and in the second and successive stages, at the time of the planting or plantings or multiplies the material.

The fees for conducting the identification tests shall be as follows:

For each exam year:

	Euros
Group First	797.26
Group second	574.02
Group third	478.36
Group fourth	382.68

In the case of a hybrid variety, irrespective of the species, and a study of the genealogical components must be carried out, the rate rate shall be twice the rate indicated for the species concerned.

Article 55. Rate for the performance of the agronomic value test.

It is the taxable fact of this fee that the testing and testing of the field and laboratory necessary for the determination of the agronomic value or the use of the plant materials presented to the register is carried out.

The accrual of the fee will occur at the time of delivery of the plant material under the conditions set out in its specific regulations.

The fees for conducting these tests will be as follows:

For each exam year:

	Euros
Patata	1.122.53
Maiz	1.227.76
cereals, oilseeds and textiles	1,052.36
1.403.15
Alfalfa, trees, and pratenses		1.403.15	1.122.53

For the species not mentioned above, the price of the fee is set at 1,122,53 euros.

Article 56. Management and collection.

1. The services and activities constituting the taxable event of the fees provided for in Articles 53 and 54, in this case only during the first year, and in Article 55 shall not be paid or until the payment of the payment has been made. the amount to be chargeable and which must be made effective by the self-validation procedure.

The services and activities constituting the taxable event of the fee provided for in Article 54, except for the first year, even if they have been provided, shall not be effective until payment has been made in the amount which was required. Regardless of the above, the amount referred to shall be payable by the award path.

The non-payment on a voluntary basis of the fees relating to the identification tests of the second year and successive ones will motivate the file of the file.

2. The regular management and collection of these fees corresponds to the Ministry of Agriculture, Fisheries and Food.

3. In accordance with the principle of equivalence laid down in Article 7 of Law 8/1989 of 13 April, of Public Fees and Prices, the Government, by means of a royal decree, may modify the amounts of the fees established in this Title.

TITLE VI

Violations and penalties

CHAPTER I

General principles

Article 57. Delimitation of the infringements.

Without prejudice to any civil or criminal actions that may be exercised, non-compliance with the requirements, conditions, obligations and prohibitions related to the Registration of Commercial Varieties, Plant Genetic Resources, production, marketing, control and certification of seed and nursery plants, as well as with the national register of producers and with the Registry of traders, will be considered as administrative infraction, in accordance with the provisions of the this law.

Article 58. Liability for violations.

1. They are responsible for the facts of the offences established in this law by the natural or legal persons who commit them even in the form of simple negligence, and those who, by way of action or omission, have taken part in them. Where compliance with the obligations laid down in this law corresponds to a number of persons together, they shall respond in solidarity to the infringements which, where appropriate, are committed and to the penalties imposed.

2. In the case of the inheritances lying, communities of property and other entities which, lacking legal personality, constitute an economic unit or a separate patrimony, the co-members or co-holders shall be jointly and severally responsible. proportion to their respective shares.

3. They shall be liable in the alternative for non-compliance with the obligations imposed by this law which entail the duty to prevent the administrative offence committed by other natural and legal persons on which it is the duty.

4. In the case of serious or very serious infringements, where an offence is imputed to a legal person, persons who are members of their decision-making or management bodies shall be liable, provided that the offence is attributable to the person concerned. intentional or negligent conduct.

5. In particular, they will be held responsible:

(a) In the case of imported or exported goods, their importer or exporter.

(b) For infringements in goods packaged and duly sealed, the natural or legal person whose name or social name is on the label, unless proof of falsification or miskeeping by the holder is shown, whenever the storage conditions are known or specified in the packaging.

(c) For infringements in bulk goods or without the seals of origin, the holder of the goods, except where he can prove the responsibility of another holder.

(d) In any event, if the alleged person responsible proves that the infringement has occurred because of erroneous information, or for lack of information that is regulated, and that the person responsible for such information is identified information, the offence shall be imputed to the latter.

Article 59. Sanctioning powers.

The exercise of the sanctioning power under this law will, in general, be the responsibility of the Autonomous Communities. The power of penalties shall be exercised by the Ministry of Agriculture, Fisheries and Food in respect of infringements committed in connection with the importation or exportation of commercial varieties, seeds or nursery plants, to the serious infringements referred to in Article 61 (d) and to the very serious infringements referred to in Article (d) (d) and (k)

CHAPTER II

Violations

Article 60. Minor infractions.

The following violations will be considered minor:

(a) Failure to comply with the obligation to submit to the competent authority, within the prescribed time-limits, the information, documents or material deemed necessary for the control of the maintenance of the variety or material required for the renewal of the official samples for the reference collection.

b) The general lack of entry and exit entries for warehouse, storage of albarans and invoices or the sale of some seed or nursery plants without the corresponding invoice.

(c) Exercise the activity of a trader without having communicated the exercise of his business for registration in the relevant register.

(d) Failure to comply with the obligation to carry out self-monitoring of its activity referred to in Article 42.

Article 61. Serious infringements.

The following violations will be considered serious:

a) The concealment of data that is relevant to obtain the authorization and registration of the variety in the Commercial Variety Registry.

(b) The deposit in the same warehouse, without authorisation, of reproduction and multiplication elements, together with others which do not have that character, whether in bulk, packaged in sacks or otherwise.

(c) The lack of indication, or its inaccuracy, in the labels of the packages of seed and nursery plants, of the data to be included in them, as well as in advertising, provided that this does not relate to the attempt to induce a user error as to the variety, category of material or health status, as well as non-compliance with the obligation to use the denomination assigned to the variety.

(d) Failure to comply with the deadlines set for the remission of data and documents contained in the plans for the monitoring of genetically modified varieties, as well as the remission of data which do not comply with the reality, when it cannot be considered to be very serious.

e) Non-compliance with quality requirements for seed and nursery plants in the production or commercial process, where it is not a very serious fault.

f) The concealment of information and the obstruction of the inspector's work of the competent authorities.

g) Non-compliance with respect to the co-existence of crops of genetically modified, conventional and organic varieties and of the measures legally identified for the cultivation of the species concerned, non-compliance does not cause an alteration of the nature of the products obtained according to each type of crop.

h) The alteration of the sealing of a container or its contents.

(i) Non-compliance with genetically modified varieties of the traceability and labelling requirements that are due to them.

Article 62. Very serious infringements.

The following violations will be considered very serious:

a) The concealment of loss of the conditions of distinction, homogeneity and stability of a plant variety or falsehood in documents or data that are relevant to their registration.

b) The concealment of the genetically modified variety condition.

(c) The untruth of the data on the label and in the advertising that are related to the varietal denomination, to the category of the material or to its health status.

(d) The alteration of the data required in the plans for the monitoring of genetically modified varieties or the failure to comply with the deadlines set for the remission of the data and documents, provided that this can be derived a danger to human health, animal health or the environment.

(e) failure to comply with the quality requirements for seed and nursery plants in the production or commercial process, where they do not reach 50% of the minimum percentages required or when they exceed twice the level of the maximum permitted tolerances, as the case may be.

(f) The production and trade of seed and nursery plants without being subject to the official control set out in Article 39.

g) The production and trade of seed and nursery plants of varieties not registered in the Register of commercial varieties or in the common catalogues of varieties of the European Union, where this requirement is mandatory.

h) Prevent the inspector's work.

i) The bankruptcy of provisional measures on goods or warehouses.

j) Non-compliance with respect to the co-existence of crops of genetically modified, conventional and organic varieties and of the measures legally identified for the cultivation of the species concerned, non-compliance produces an alteration of the nature of the products obtained according to each type of crop.

k) The import and export of genetically modified varieties without the corresponding authorisation of the country of destination, in accordance with the Community or international standards in force.

l) Exercise the activity of seed producer and nursery plants for marketing without proper authorization.

CHAPTER III

Sanctions

Article 63. Pecuniary sanctions.

1. The offences described as minor shall be punishable by fines of between EUR 300 and EUR 3,000.

2. Serious offences shall be punishable by fines of between EUR 3,001 and EUR 30,000.

3. Highly serious infringements will be sanctioned with fines ranging from € 30,001 to € 300,000.

4. Where infringements endanger human health, animal health or the environment, the penalties shall be increased by 50 per cent.

5. In serious and very serious infringements, the upper limit of the penalties may be increased to twice the benefit of the offender, where this benefit exceeds that limit.

6. The minimum limit of the financial penalty shall in no case be less than the benefit obtained by the infringer.

7. If, by reason of the circumstances at issue, a qualified reduction in the culpability of the person or of the offence is assessed, the sanctioning body may establish the amount of the penalty by applying the scale relating to the (a) class of offences which immediately precede the seriousness of the offence in which the consideration is integrated in the case in question.

8. The species, seed category or nursery plant and its intrinsic value shall be taken into account for the rating and the value of the penalties.

9. The Government may amend the amount of the penalties set out in this Chapter in accordance with variations in the consumer price index.

Article 64. Confiscation of plant material.

1. In addition to the payment of the fines, the confiscation of the plant material may be carried out provided that it:

a) Cannot be placed in commerce as propagating or propagating material.

(b) Be susceptible to injury to human health, animal health or the environment; in such a case, plant material shall be destroyed.

2. All costs incurred in the confiscation of a plant material shall be borne by the infringer.

Article 65. Other sanctions.

Very serious violations will be paired:

(a) The obligation to reintegrate the aid or subsidies received.

b) The temporary suspension up to a maximum of 10 years of the supplier status in the class concerned.

Article 66. Graduation of sanctions.

The determination of the amount of penalties provided for in this Title will be considered in each case:

a) The degree of guilt.

b) The nature and extent of the damage caused.

c) The amount of the illicit benefit obtained or that may have been obtained.

d) The recidivism.

e) Failure to comply with previous warnings.

(f) Damage or hazards to human health, animal health or the environment, in the event that they are not part of the defining element of the type of infringement.

Article 67. Periodic penalty payments.

1. If the person concerned fails to comply with the obligations laid down in this law or in the regulatory development provisions, or the obligations or penalties imposed by the competent authority, the competent authority may require the persons concerned to which, within a sufficient period of time, comes to compliance with those, with a warning that, if not, a periodic penalty payment shall be imposed, with a statement of the amount, if any, and up to a maximum of EUR 3 000 each, without prejudice to and with the independence of the sanctions which may be applicable.

2. The competent authority may, in the event of non-compliance, carry out successive requirements, and increase the periodic penalty payment by 20 percent of the one agreed in the previous requirement.

3. The time limits granted shall be appropriate to carry out the agreed measure, as well as to avoid any damage that may arise from failure to implement the measure in due time.

4. The amounts identified above should be reviewed and updated regularly by the government, taking into account the variation in the consumer price indices.

CHAPTER IV

Interim measures

Article 68. Provisional measures.

In the exercise of the sanctioning authority, the competent body to resolve and, where appropriate, the inspector may adopt, among others, some or some of the following measures:

(a) The temporary, partial or total closure, suspension or cessation of installations.

b) The temporary suspension of the authorization for the exercise of the activity.

c) The immobilization of the plant material.

d) The seizure of documents that are indispensable and properly related.

In the cases of paragraphs (c) and (d), these measures may be adopted by the inspector. The competent authority shall confirm, amend or lift the provisional measures taken by the inspector within 15 days of its adoption.

ADDITIONAL PROVISIONS

First. International certification systems applicable in Spain.

When the seed and nursery plants are destined for third countries, at the request of the suppliers, certification systems derived from the accession of Spain to international conventions or treaties may be followed.

Second. Collegiate bodies.

1. In the field of seed and nursery plants, a collegiate body shall be set up under the Ministry of Agriculture, Fisheries and Food, with the participation of the Autonomous Communities, responsible for studying and proposing general policy issues in the field. matters, except in matters and activities which fall within the competence of the collegiate bodies provided for in the second provision of Law 9/2003 of 25 April 2003 laying down the legal framework for the contained use, Voluntary Release and Marketing of Genetically Modified Organisms.

2. With regard to the conservation and use of plant genetic resources for agriculture and food, a collegiate body shall be established under the Ministry of Agriculture, Fisheries and Food, with the participation of the Autonomous Communities, in order to examine and propose questions of general policy on this subject, except in matters and activities which fall within the competence of the collegiate bodies provided for in the second provision of Law 9/2003, of 25 April, by the establishing the Legal Regime for Confined Use, Voluntary Release and Placing On The Market Genetically Modified Organisms.

3. The name, composition, organization and functions of the collegiate bodies shall be established in accordance with the provisions of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the Status.

4. In the collegiate bodies referred to in the above paragraphs, the Agricultural Professional Organizations and the Producer Sector of the Seed and Plant of Vivero may participate.

Third. Consumer protection.

The provisions of this law are without prejudice to the applicable law on the protection of consumers and users.

Fourth. Integrated mutual information Ministry of Agriculture, Fisheries and Food/Autonomous Communities.

1. The Ministry of Agriculture, Fisheries and Food, together with the Autonomous Communities, shall establish a computerised coordination in which the information derived from all the production of seed and nursery plants is collected. which must be updated in real time.

2. The Government will provide, in the General Budget of the State, technical and human resources both to the Spanish Plant Variety Office and to the National Institute of Agricultural Research and Technology's Variety Identification Centre. Food to update the Varieties Registry.

3. The Ministry of Agriculture, Fisheries and Food shall coordinate with the Autonomous Communities, the agricultural organizations and the most representative producer sector a National Bureau for the fight against seed fraud.

Fifth. Application of tax incentives for research, development and innovation, applicable to projects for experimentation or testing of varieties.

In the framework of the current common tax regime, the Ministry of Economy and Finance will verify the consistency of the application of the provisions on deductions in the regulations of the Corporate Tax to the expenses in which Seed-producing enterprises are involved in research, development and innovation activities, in particular in the experiments or testing of varieties.

TRANSIENT PROVISIONS

First. Procedures initiated prior to the entry into force of this law.

Applications for registration that would have been filed in the Register of commercial varieties prior to the entry into force of this law will be dealt with and resolved in accordance with the legal regulations in force on the date of presentation.

Second. Scheme applicable to varieties registered in the Register of commercial varieties in accordance with the previous law.

The varieties registered in the Register of commercial varieties under Law 11/1971 of March 30, of seeds and nursery plants, shall be governed by the provisions of this new law, from its entry into force.

REPEAL PROVISION

Unica. Regulatory repeal.

1. Law 11/1971, of March 30, of seeds and nursery plants is repealed, as well as how many provisions, of equal or lower rank, are contrary to the provisions of this law.

2. Article 21 of Law 62/2003 of 30 December of Fiscal, Administrative and Social Order Measures is repealed. 3. As long as this law is not properly developed, the provisions of the regulations implementing Law 11/1971 of 30 March on seeds and nursery plants shall remain in force, provided that they do not object to the provisions of this Law. law.

FINAL PROVISIONS

First. Competitive titles.

This law is dictated by the provisions of Article 149.1.13. of the Constitution, which attributes to the State exclusive competence on the basis and coordination of the general planning of economic activity, except for set out in the following Articles and Provisions:

(a) Article 34, Title VI on trade with third countries and the first provision, which are given in accordance with the provisions of Article 149.1.10. second indent of the Constitution, which attributes to the State exclusive competence in the field of external trade.

(b) Articles 8, 47.3 and 4, 48, 49.1 and 2 and 50, which are given in accordance with the provisions of Article 149.1.15. of the Constitution, which confers exclusive competence on the State on the promotion and general coordination of research scientific and technical.

c) Title II, except Article 8 thereof, which is issued under the provisions of Article 149.1.9. of the Constitution, which confers exclusive jurisdiction on the State in matters of intellectual property law; and industrial.

(d) Title V, which is issued under the provisions of Article 149.1.14, first indent, of the Constitution, which confers on the State exclusive competence in matters of general hacienda.

Second. Development of the law.

The Government is authorised to issue, in the field of its powers, how many provisions are necessary for the implementation and development of this law.

Third. Entry into force.

This law shall enter into force within thirty days of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Palma de Mallorca, 26 July 2006.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO