Act No. 92 / 1996 Coll.
Law on Varieties, Seeds and Propagating Plants
Valid
Law
Effective from 01.07.1996
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92
THE LAW
of 15 March 1996
on varieties, seeds and propagating plants
Parliament has decided on this law of the Czech Republic:
General provisions
Subject matter
That law lays down the technical and biological requirements for propagating material put into circulation and lays down conditions to ensure appropriate growing and productive characteristics of varieties of certain economically relevant plant species.
Definition of terms
For the purposes of this Act:
(a) a variety of plants belonging to the lowest degree of botanical grading, which can be defined by the expression of characters resulting from a particular genotype or combination of genotypes, distinguishable from each other by the expression of at least one of these characteristics and considered to be a reproduction unit without change;
(b) the genetic components of the variety of line, clone or other varieties from which the variety is composed or its propagating material is produced;
(c) a genetically modified plant which is a genetically modified organism, 13)
(d) a genetically modified variety which includes genetically modified plants;
(e) the maintenance of the variety by the person who carries out or ensures the maintenance of the variety;
(f) by putting into circulation offers for sale, commercial storage, sale or any other form of transfer to another person during business, 1)
(g) a Contracting State with which an agreement has been reached under an international agreement that a variety registered in the State Plant Variety Book or similar official document of that State may be put into circulation in both the Contracting State and the Czech Republic,
(h) propagating material of seed and planting material, in particular seeds intended for sowing, tubers, rhizome, onions, straws and other parts of plants intended for reproduction, including nurseries derived from cell or tissue cultures;
(i) breeding propagating material corresponding to the description of the variety in the care of the variety keeper, which serves to produce basic propagating material and is not subject to recognition. At the request of the keeper, it may be recognised for use in the manufacture of certified propagating material,
(j) basic propagating material of a registered variety produced by, or under the supervision of, the breeder of a variety by means of a maintenance procedure and recognised as basic propagating material;
(k) certified propagating material produced directly from basic material or from recognised breeding material or pursuant to Article 22 (8) (g) from certified propagating material and recognised as certified propagating material;
(l) standard propagating material of a registered variety of species as defined in Paragraph 21, subject to compulsory post-control, having the characteristics referred to in paragraph 23,
(m) commercial propagating material propagating material which does not have the characteristics of basic, certified or standard propagating material;
(n) a maintenance procedure ensuring, during the registration of the market variety, the supply of basic propagating material of the variety and maintaining its identity and uniformity.
Central Agricultural Control and Examination Institute (hereinafter referred to as the Institute) 2
(a) recognises the basic and certified propagating material and propagation crops from which it was produced;
(b) checks the characteristics of standard and commercial propagating material provided for by this law;
(c) register the varieties and carry out the test operations necessary for such registration;
(d) supervise the importation and putting into circulation of propagating material;
(e) carry out further acts provided for by this law.
(1) The propagating material of plant species, subspecies and varieties (hereinafter referred to as "species") listed in Annex 1 to this Act (hereinafter referred to as "species list") may be put into circulation only if it belongs to a variety registered in the State Variety Book (hereinafter referred to as "registered variety") or in a similar official document of the Contracting country or if the time limit referred to in Article 16 (4) applies.
(2) Reproduction material of varieties of species listed in the species, with the exception of varieties registered as vegetables or medicinal plant, may only be put into circulation if it is recognised by the Institute as being basic or certified.
(3) Reproduction material of varieties of species listed in the species and registered as vegetables or medicinal plant may be put into circulation as basic, certified or standard.
(4) Reproduction material of species not included in the list of species may be put into circulation as basic, certified, standard or commercial.
(5) The provisions of paragraphs 1 to 3 shall not apply to the putting into circulation of propagating material of forest trees intended for the restoration or establishment of forests.
Submission of an application for a variety registration
(1) Varieties of all types of grown plants may be registered.
(2) A person (the applicant) may apply for the registration of a variety which:
(a) has rights to the variety under a special law, 3); or
(b) have applied for a variety for protection under a special law, (3) and the right to the variety has not yet been granted; or
(c) is the maintenance of a variety not protected under the special legislation.3)
(3) The persons referred to in paragraph 2 who do not have a permanent residence or registered office in the Czech Republic must be authorised to lodge an application and to negotiate a registration procedure for a variety.
(4) The application for registration should be submitted to the Institute.
Marketing Authorisation
(1) The registration procedure is initiated on the basis of a proposal from the applicant.
(2) The proposal shall contain:
(a) the name and permanent residence of the applicant, if any, or the business name and registered office of the applicant, if any;
(b) the Latin name and the Czech name of the species to which the variety belongs,
(c) the name or provisional designation of the variety,
(d) information on which countries and under which name the variety is entered in the official list of varieties or the procedure for such registration is being followed;
(e) information on the commercial focus of the variety, if the method of testing depends on it;
(f) an indication of whether the variety includes genetically modified plants;
(g) information on the exceptional characteristics of the variety requiring a specific method of examination;
(h) a description of the main characteristics of the variety;
(i) an indication of the components of which variety, if any;
(j) whether the variety is intended exclusively for export.
(3) When submitting a proposal, the applicant shall:
(a) to pay administrative fees, 4)
(b) in the case of a genetically modified variety, prove that the genetically modified plants which it includes are listed in the List of genetically modified organisms and products approved for circulation in the Czech Republic under specific legislation, 4a)
(c) free of charge to supply the Institute with propagating material in the necessary quantity, quality and time; if the applicant supplies the propagating material late, the Institute shall postpone the initiation of the tests until the following test period;
(d) demonstrate that maintenance of the variety is ensured;
(e) provide further information or supporting documents necessary for the evaluation of the variety, if requested by the Institute;
(f) for species for which the value of use is a condition for the registration of a variety, submit the results of at least three field experiments carried out in different places in the Czech Republic in which the variety is compared with other registered varieties of the same type. The applicant shall be obliged to allow the Institute to control such experiments.
Testing of varieties for registration
(1) The condition for the registration of a variety is that the variety
(a) is different;
(b) is uniform;
(c) is permanent;
(d) has a useful value, unless otherwise specified,
(e) has a name meeting the requirements of Section 9;
(f) its maintenance is ensured;
(g) where it includes genetically modified plants, they shall be entered in the list of genetically modified organisms and products approved for circulation in the Czech Republic under specific legislation. (4a)
The requirement under point (b) need not be fulfilled for varieties maintained for reasons of conservation of species biodiversity.
(2) In order to determine the difference, uniformity, stability and utility value, the Institute shall carry out field and laboratory tests. The results of these tests shall be communicated annually by the Institute to the applicant.
(3) The detection of diversity, uniformity and stability is mandatory for all varieties registered for registration.
(4) The identification of the value of use is a condition for the registration of varieties of species listed in the second list, unless:
(a) genetic components of hybrids or synthetic populations;
(b) varieties of fruit species,
(c) varieties of ornamental plants,
(d) varieties maintained to preserve the biodiversity of the species;
(e) vegetable varieties,
(f) varieties of grasses not used as fodder plants;
(g) varieties of medicinal plants,
(h) varieties for which registration is required only for export.
(5) The examination of the varieties for registration shall be carried out by the Institute, which, if it is more economical, may conclude a contract with another competent person to carry out partial operations for the Institute, provided that such operations are carried out under the technical supervision of the Institute.
(6) If the partial test results demonstrate that the variety does not meet one of the conditions for registration laid down by law, the Institute shall terminate the further examination and reject the application for registration.
(7) The costs of the trial operations associated with the registration procedure are borne by the registrant.
(1) The variety is considered to be different if the manifestations of its genetic characteristics are clearly different from those of other varieties which are at the date of filing of the application in the Czech Republic or in the contracting country
(a) registered in the official list of varieties before the decision of the Institute for Registration; or
(b) put into circulation in accordance with the provisions of this Law.
(2) A variety shall be considered to be uniform if it is sufficiently uniform in the expression of the characteristics which are included in the examination of the difference and the characteristics used to describe the variety, subject to derogations which can be reasonably expected as a result of the specificities of its reproduction.
(3) A variety shall be considered to be permanent if, in the expression of the characteristics included in the test of difference as well as the characteristics used to describe the variety, it remains unchanged after repeated propagation or in the case of a specific reproduction cycle at the end of each such cycle.
(4) The variety has a useful value if it represents an obvious benefit either for cultivation or for its use or for products derived from it, compared to other registered varieties in at least some of the growing part of the Czech Republic.
Variety name
(1) The variety name must comply with the following requirements:
(a) it must not consist of only numbers;
(b) it may not be interchangeable with the name of another variety of the same or related species, as recorded in the official list of the Czech Republic or the contracting country;
(c) it must not be interchangeable with a trade mark for a plant product of the same or related species, protected in the Czech Republic, with a generally known trade mark, irrespective of the type of product, with a designation of geographical origin, or allowing otherwise to infringe the rights of other persons;
(d) must not give rise to misconceptions of the variety;
(e) may not contain Czech or Latin botanical names,
(f) be acceptable from a linguistic point of view;
(g) must not be different from the name given in the breeding certificate issued under the special legislation.3)
(2) A foreign variety shall be left with its original name if it fulfils the conditions of paragraph 1.
The Institute is entitled to examine the state of maintenance of the variety tested and its documentation. If the Institute finds that the state of maintenance does not guarantee the continued existence of a variety or the production of propagating material with the characteristics required by this Law, it shall, by decision, impose a deadline to remedy the deficiencies. If the deficiencies are not remedied within the time limit set, the Institute shall stop the registration procedure.
State varietal book
(1) The State Variety Book is an official list of all plant varieties registered in the Czech Republic.
(2) If the conditions laid down in Article 7 (1) are fulfilled, the Institute shall issue a marketing authorisation for each variety whose examination has been completed and enter the variety in the State Variety Book.
(1) The entry in the State Variety Book must include:
(a) the variety name,
(b) the Latin name of the species to which the variety belongs,
(c) the Czech name of the species to which the variety belongs,
(d) the name and address of the applicant;
(e) the name and address of the variety maintenance;
(f) the date of submission of the application for registration;
(g) the date on which the marketing authorisation is acquired;
(h) a brief description of the significant growing and productive characteristics of the variety;
(i) an indication of the function of genetic modification. (b)
(2) The Institute shall also enter in the State Plant Variety Book the date of the renewal or deletion of the registration, the person entitled to the variety under a special law, 3) and the changes in the data concerning the applicant and the keeper.
(3) The Institute shall:
(a) publish annually a list of all varieties registered in the State Variety Book, including the address details of their keepers and persons entitled to the variety under a special law, 3)
(b) publish the results of the tests on the value of newly registered varieties referred to in Article 7 (4).
(4) The maintenance of the registered variety shall inform the Institute within 60 days of any changes to the particulars subject to registration in the State Variety Book.
(5) All entries, amendments and additions to the State Variety Book are published in the Bulletin of the Ministry of Agriculture (hereinafter referred to as the Journal).
Monitoring of varieties after registration
(1) Upon request of the Institute, the maintenance operator is required to supply control samples of propagating material of the registered variety in order to determine whether the variety still has the characteristics which were a condition of registration pursuant to Article 7 and to provide documentation of maintenance breeding.
(2) The authorised staff of the Institute shall have the right to take samples of propagating material from the maintenance of the registered variety to determine whether the variety is uniform and permanent.
(3) If the Institute finds that the registered variety no longer complies with the conditions of registration set out in Section 7 or that the maintenance status does not guarantee the identity of the variety and the maintenance of its characteristics, it shall impose a time limit on the maintenance of the variety to be corrected. The costs of subsequent tests shall be borne by the variety maintenance. If the deficiencies are not remedied within the time limit, the Institute shall decide on the revocation of the registration.
(1) A registered variety may be maintained in or outside the Czech Republic, provided that the maintenance breeding control is ensured.
(2) The holder of the variety is obliged to keep records of the maintenance production, the method of maintenance used and the quantity of propagating material produced. Such records shall be kept for three years and submitted at the request of the Institute.
Registration period
(1) The variety is registered for a period of 10 years. Varieties of fruit and ornamental trees, hops and vines shall be registered for 15 years. The period shall run from the date on which the marketing authorisation for the variety is granted.
(2) At the request of the person referred to in Article 5 (2) and (3), the marketing authorisation may be renewed for a further period of 10 years. The application shall be submitted for provisional renewal until the decision to extend the registration has become final.
(3) The person who has applied for the renewal of the marketing authorisation must supply the Institute with a free sample of propagating material in the quantity, quality and date specified by the Institute. Where the Institute so requests, it shall also provide the necessary additional information on the variety.
(4) An application for renewal shall be submitted to the Institute no later than two years before the expiry of the registration period.
(5) If the variety fulfils the conditions of registration laid down in § 7, the Institute shall extend the registration of the variety by 10 years by decision.
Repeal of registration
(1) The Institute will decide to cancel the registration of the variety and delete the registration in the State Variety Book
(a) unless an application for renewal is submitted within the time limit set in Article 15 (4);
(b) at the request of a person having rights to a variety under a special law (3) or of a variety manager, if not a variety protected under a special law, (3)
(c) if the variety loses the value of use if the value of use is a condition of registration;
(d) if the variety loses uniformity or stability,
(e) if it is found that the variety endangers human, animal or plant health or the environment,
(f) if it is further apparent that the conditions for registration have not been met. In such a case, it may be decided that a marketing authorisation for a variety shall be regarded as not being granted,
(g) if the condition of maintenance production and its documentation do not permit continued maintenance of the variety or if maintenance of the variety is not ensured;
(h) where the variety includes genetically modified plants which have been excluded from the list of genetically modified organisms and products approved for circulation in the Czech Republic under specific legislation. (c)
(2) Where the registration of a variety ends on the grounds referred to in paragraph 1 (e) and (h), propagating material must be withdrawn from circulation without delay after the decision to revoke the marketing authorisation has become final.
(3) Where the registration of a variety ends on the grounds referred to in paragraph 1 (f), propagating material must be withdrawn from circulation until the end of the year in which the marketing authorisation has been revoked.
(4) Where the registration of a variety ends on the grounds referred to in paragraph 1 (a), (b), (c), (d) and (g) and the variety belongs to a species listed in the species list, its propagating material may be recognised and put into circulation within the period laid down by the Constitution, but not later than 30 June of the third year following the revocation of the marketing authorisation. If the variety does not belong to the species listed in the species, its propagating material may only be put into circulation after that period as commercial.
Testing of varieties for registration in the List of recommended varieties
(1) The list of recommended varieties of the species concerned is issued by the person authorised by the Ministry of Agriculture (hereinafter referred to as the "SDO publisher").
(2) The SDO publishers shall enter in the list of recommended varieties of varieties according to the results of the tests, the methodology of which is determined by the Ministry of Agriculture (hereinafter referred to as the Ministry) by decree.
(3) Only registered varieties may be included in the tests for the list of recommended varieties.
(4) The right to register the variety in the examination for the List of Recommended Varieties shall lie with the person who has applied for the variety to be registered in the State Variety Book pursuant to Section 5 (2).
(1) Varieties shall be tested by the SDO publisher, who, if it is more economical, may conclude a contract with another competent person to carry out the necessary tests for the SDO publisher.
(2) Tests for the List of recommended varieties include testing of the commercial characteristics most relevant to growers, processors and consumers; at the request of the person who has applied for the variety may also be tested for characteristics which, in his opinion, benefit the variety.
(3) The SDO publisher shall communicate to the person who has entered the variety in the trials for the List of recommended varieties, the results of the tests and also whether the variety has been included in the List of recommended varieties. If the variety has not been included in the list of recommended varieties, that person may request that the SDO publisher extend the examination for one year at its expense.
(1) The SDO shall continue to test the variety for the duration of the entry of the variety in the list of recommended varieties.
(2) Varieties included in the list of recommended varieties and their identified utility characteristics are published annually by the SDO publisher. The Institute shall be entitled to publish data on varieties registered in the List of Recommended Varieties and other publications.
(3) The SDO shall exclude the variety from the list of recommended varieties,
(a) if the variety registration ends,
(b) if, on the basis of the tests carried out, it is established that other varieties, newly registered in the List of Recommended Varieties, are more suitable for certain growing conditions or for certain uses;
(c) if the person who has applied to the trials does not ensure the free delivery of propagating material necessary to continue the examination, the institute.
(4) General provisions on administrative procedures do not apply to the procedure laid down in Sections 17, 18 and 19. 5)
Information on varieties
(1) Everyone has the right to know
(a) the characteristics of the registered varieties, identified by the Institute and the results of their examinations;
(b) with the names of the varieties tested, the names and addresses of their keepers and persons entitled to the variety under the special legislation.3)
(2) The Institute will allow a person who demonstrates a professionally justified interest to be familiar with the tests for differences, uniformity, stability and utility characteristics carried out by the Institute, but not with their results.
Placing of propagating material into circulation
(1) Reproduction material of the species listed in the species may only be put into circulation:
(a) it is recognised as being basic or certified; or
(b) as standard in the case of vegetables or medicinal plants and the requirements laid down in Section 23 are met.
(2) Reproduction material of species not included in the list may be put into circulation as:
(a) commercial; or
(b) basic or certified if the manufacturer requests its recognition and the Institute finds that the requirements set out in Section 22 are met; or
(c) standard if the requirements laid down in Section 23 are met.
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Regulation Information
| Citation | Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.1996 |
|---|---|
| Effective from | 01.07.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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