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Community rules on “ Farm-saved seed”.

Community rules on “ Farm-saved seed”. J. GENNATAS European Commission. Summary. Introduction: System of Community plant variety rights Use of farm-saved seed from protected varieties “The agricultural exemption” or “farmer’s privilege”

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Community rules on “ Farm-saved seed”.

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  1. Community rules on “Farm-saved seed”. J. GENNATAS European Commission CPVO Seminar

  2. Summary • Introduction: • System of Community plant variety rights • Use of farm-saved seed from protected varieties • “The agricultural exemption” or “farmer’s privilege” II Article 14 of Council Regulation (EC) No 2100/94: • Derogation from Community plant variety rights CPVO Seminar

  3. Summary (ctd) III Commission implementing Regulation (EC) No 1768/95: Implementing rules for the derogation • Remuneration • Information to be supplied • Monitoring methods • Infringements IV Conclusion CPVO Seminar

  4. System of Community Plant Variety Rights established by COUNCIL REGULATION (EC) No 2100/94 of 17 July 1994 (= basic Regulation) CPVO Seminar

  5. Farm-Saved Seed • Relevance: - public - for safeguarding agricultural production • Farmers must have the right to use the product of their harvest for propagation, including when this product is from protected varieties. CPVO Seminar

  6. Derogation from the system of Community plant variety rights • the Agricultural Exemption or • Farmer’s Privilege CPVO Seminar

  7. The Agricultural Exemption is governed by • Article 14 of Council Regulation (EC) No 2100/94 • Its implementing regulation, Commission Regulation (EC) No 1768/95 CPVO Seminar

  8. Conditions for the Agricultural Exemption= Derogation from the system of Community plant variety rights Article 14 of Council Regulation (EC) No 2100/94 and farm-saved seed: • Use for propagation purposes in the field • Use on farmers’ own holdings • 21 agricultural plant species covered CPVO Seminar

  9. Agricultural plant species to which the derogation may apply A. Forage plants • Cicer arietinum L. - Chickpea • Lupinus luteus L. – Yellow lupin • Medicago sativa L. – Lucerne • Pisum sativum L. (partim) – Field pea • Trifolium alexandrinum L. – Egyptian clover • Trifolium resupinatum L. – Persian clover • Vicia faba – Field bean • Vicia sativa L. – Common vetch 9) Lolium multiflorum Lam – Italian ryegrass. *Species 1) to 8) for the entire Community  + Species 9) for Portugal CPVO Seminar

  10. Agricultural plant species to which the derogation may apply B. Cereals - 9 species • Avena sativa – Oats • Hordeum vulgare L. – Barley • Oryza sativa L. – Rice • Phalaris canariensis L. – Canary grass • Secale cereale L. – Rye • X Triticosecale Wittm. – Triticale • Triticum aestivum L. emend. Fiori et Paol. – Wheat • Triticum durum Desf. – Durum wheat • Triticum spelta L. - Spelt. CPVO Seminar

  11. Agricultural plant species to which the derogation may apply C. Potatoes - 1 species Solanum tuberosum – Potatoes. D. Oil and fibre plants - 3 species Brassica napus L. (partim) – Rapeseed Brassica rapa L. (partim) – Turnip rape Linum usitatissimum - Linseed, excluding fibre flax. CPVO Seminar

  12. Agricultural plant species to which the derogation may apply 21 species for the entire Community (22 for Portugal) CPVO Seminar

  13. Conditions for the Agricultural Exemption= Derogation from the system of Community plant variety rights (ctd) Article 14 of Council Regulation (EC) No 2100/94 and farm-saved seed: • No quantitative restriction • The product of the harvest may be processed by farmers or by service providers • Payment of equitable remuneration to holders (except for small farmers) • Monitoring is the responsibility of holders • Information provided, under certain conditions, by the official bodies responsible for monitoring CPVO Seminar

  14. Derogation from the system of Community plant variety rights Commission implementing Regulation (EC) No 1768/95 on farm-saved seed: Farmers’ obligations: • Equitable remuneration with or without a contract • Small farmers are exempt from payment • Relevant information must be provided Processors’ obligations: • Relevant information must be provided CPVO Seminar

  15. Derogation from the system of Community plant variety rights (ctd) Commission implementing Regulation (EC) No 1768/95 on farm-saved seed: Holders’ obligations: • Information must be provided to farmers Information provided by official bodies Holders’ monitoring obligations Infringements CPVO Seminar

  16. Conclusion • Farm-saved seed is extensively used in the Community, particularly as regards potatoes and cereals. • This large-scale use is currently a matter of concern for: • breeders of new agricultural plant varieties, and also • holders and • farmers in the European Union who use these varieties • the European Commission. • Relevance of the seminars organised by the CPVO CPVO Seminar

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