CPVO Seminar11-12 May Warsaw (PL) Community rules on “Farm-saved seed”. J. GENNATAS European Commission

CPVO Seminar11-12 May Warsaw (PL) 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

CPVO Seminar11-12 May Warsaw (PL) Summary (ctd) III Commission implementing Regulation (EC) No 1768/95: Implementing rules for the derogation -Remuneration -Information to be supplied -Monitoring methods -Infringements IVConclusion

CPVO Seminar11-12 May Warsaw (PL) System of Community Plant Variety Rights established by COUNCIL REGULATION (EC) No 2100/94 of 17 July 1994 (= basic Regulation)

CPVO Seminar11-12 May Warsaw (PL) 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 Seminar11-12 May Warsaw (PL) Derogation from the system of Community plant variety rights –the Agricultural Exemption or – Farmer’s Privilege

CPVO Seminar11-12 May Warsaw (PL)  Article 14 of Council Regulation (EC) No 2100/94  Its implementing regulation, Commission Regulation (EC) No 1768/95 The Agricultural Exemption is governed by

CPVO Seminar11-12 May Warsaw (PL) 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 Seminar11-12 May Warsaw (PL) Agricultural plant species to which the derogation may apply A. Forage plants 1)Cicer arietinum L. - Chickpea 2)Lupinus luteus L. – Yellow lupin 3)Medicago sativa L. – Lucerne 4)Pisum sativum L. (partim) – Field pea 5)Trifolium alexandrinum L. – Egyptian clover 6)Trifolium resupinatum L. – Persian clover 7)Vicia faba – Field bean 8)Vicia sativa L. – Common vetch 9)Lolium multiflorum Lam – Italian ryegrass. *Species 1) to 8) for the entire Community + Species 9) for Portugal

CPVO Seminar11-12 May Warsaw (PL) Agricultural plant species to which the derogation may apply B. Cereals - 9 species 1)Avena sativa – Oats 2)Hordeum vulgare L. – Barley 3)Oryza sativa L. – Rice 4)Phalaris canariensis L. – Canary grass 5)Secale cereale L. – Rye 6)X Triticosecale Wittm. – Triticale 7)Triticum aestivum L. emend. Fiori et Paol. – Wheat 8)Triticum durum Desf. – Durum wheat 9)Triticum spelta L. - Spelt.

CPVO Seminar11-12 May Warsaw (PL) 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 Seminar11-12 May Warsaw (PL) Agricultural plant species to which the derogation may apply 21 species for the entire Community (22 for Portugal)

CPVO Seminar11-12 May Warsaw (PL) 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 Seminar11-12 May Warsaw (PL) 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 Seminar11-12 May Warsaw (PL) 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 Seminar11-12 May Warsaw (PL) 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