Community rules on “Farm-saved seed”.
J. GENNATAS
European Commission
11-12 May 2006 Warsaw (PL)
CPVO Seminar
Summary
I. 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
11-12 May 2006 Warsaw (PL)
CPVO Seminar
Summary (ctd)
III
Commission implementing Regulation (EC)
No 1768/95:
Implementing rules for the derogation
-
IV
Remuneration
Information to be supplied
Monitoring methods
Infringements
Conclusion
11-12 May 2006 Warsaw (PL)
CPVO Seminar
System of Community Plant Variety
Rights
established by
COUNCIL REGULATION (EC) No 2100/94
of 17 July 1994
(= basic Regulation)
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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.
11-12 May 2006 Warsaw (PL)
CPVO Seminar
Derogation from the system of Community plant
variety rights
–
the Agricultural Exemption
or
–
Farmer’s Privilege
11-12 May 2006 Warsaw (PL)
CPVO Seminar
The Agricultural Exemption is governed by

Article 14 of Council Regulation (EC) No 2100/94

Its implementing regulation, Commission Regulation
(EC) No 1768/95
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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
11-12 May 2006 Warsaw (PL)
CPVO Seminar
Agricultural plant species to which the derogation may
apply
A. Forage plants
1)
2)
3)
4)
5)
6)
7)
8)
9)
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
Lolium multiflorum Lam – Italian ryegrass.
*Species 1) to 8) for the entire Community
+ Species 9) for Portugal
11-12 May 2006 Warsaw (PL)
CPVO Seminar
Agricultural plant species to which the derogation may
apply
B. Cereals - 9 species
1)
2)
3)
4)
5)
6)
7)
8)
9)
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.
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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.
11-12 May 2006 Warsaw (PL)
CPVO Seminar
Agricultural plant species to which the derogation
may apply
21 species for the entire Community
(22 for Portugal)
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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
11-12 May 2006 Warsaw (PL)
CPVO Seminar
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
11-12 May 2006 Warsaw (PL)
CPVO Seminar