IV. MARKETING OF SEEDS AND PROPAGATING MATERIAL

1. Legal basis :

Agricultural Seeds and Propagating Material Act
Rules on the marketing of cereal seed
Rules on the marketing of fodder plant seed and beet seed
Rules on the marketing of seed of oil and fibre plants
Rules on the marketing of vegetable seed
Rules on the marketing of seed potatoes
Rules on the production and marketing of seed of conservation varieties
Rules on the marketing of vegetable propagating and planting material, other than seed
Rules on the marketing of hop propagating material and of hop plants
Rules on the marketing of material for the vegetative propagation of vine
Rules on the marketing of fruit plant propagating material and of fruit plants intended for fruit production
Rules on the marketing of propagating material of ornamental plants
Rules on the production and marketing of seed of conservation varieties and varieties developed for growing under particular conditions
Rules on quantities of agricultural seed and propagating material and form of application for the authorisation of marketing or for the issue of special import permit
Commission Decision 2004/842/EC of 1 December 2004 concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the national catalogue of varieties of agricultural plant species or vegetable species has been submitted (OJ No 362 of 9.12.2004, p. 21)

Legislation in the field of marketing of agricultural seeds and propagating material

Appointed field inspectors, samplers and laboratories carrying out tasks under official supervision

2. Marketing conditions

a supplier shall be entered in the REGISTER OF SUPPLIERS,
seeds and propagating material shall meet the REQUIREMENTS PROVIDED FOR IN RULES CONCERNING THE MARKETING,
as regards cereals, fodder plants, beet, oil and fibre plants, potato, vegetables, hops and vine, a variety shall be entered in the NATIONAL VARIETY LIST.
As from the date of full membership in the European Union (1 May 2004) production, propagation and marketing of seeds and propagating material of varieties,which have been entered in the COMMON CATALOGUE OF AGRICULTURAL VARIETIES or COMMON CATALOGUE OF VARIETIES OF VEGETABLE SPECIES may be performed in Slovenia (http://forum.europa.eu.int/Public/irc/sanco/comcatvar/library)

3. Exceptions to marketing conditions

3.1. Marketing of seeds and propagating material of a variety, which is in the acceptance procedure in the National Variety List

The Administration shall issue a decision as to permit the marketing of a limited quantity of seeds and propagating material of a variety, which is in the acceptance procedure in the national variety list, pursuant to:

for agricultural plants and vegetables: Commission Decision 2004/842/EC concerning implementing rules whereby Member States may authorise the placing on the market of seed belonging to varieties for which an application for entry in the common catalogue of varieties of agricultural plant species or vegetable species has been submitted (Maximum permitted QUANTITIES of seeds and propagating material, which may be marketed in the Republic of Slovenia);
for other species of agricultural plants: Rules on species of agricultural plants, quantities of agricultural seed and propagating material and form of application for the authorisation of marketing or for the issue of special import permit.

A supplier who applied for the entry of a variety in the national variety list shall lodge an application for the issue of trading permits on the form (form: Application for the issue of authorisation for marketing or import of seeds and propagating material of a variety which is in the acceptance procedure in the national variety list), and pay an administrative fee of EUR 21,02 in accordance with the Administrative Fees Act (OJ RS, No 106/2010 - officiall consolidated version).

3.2. Marketing of seeds and propagating material not satisfying the prescribed quality requirements as provided for in the rules governing marketing

From the date of accession of the Republic of Slovenia to the European Union such exception is subject of discussion of the European Commission upon the proposal of a Member State. However suppliers may suggest the Republic of Slovenia to raise the question with the Commission.

4. Import of agricultural seeds and propagating material

4.1. General

from 1 May 2004 only import or export into THIRD COUNTRIES (= states which are not EU Member States) shall be considered as import or export,
seeds and propagating material shall be EQUAL to the seeds and propagating material which is produced and marketed within the teritorry of EU Member States pursuant to regulations governing marketing of agricultural seeds and propagating material,
varieties of agricultural plants and vegetables shall be entered in the Common catalogue of varieties of agricultural plant species or in the Common catalogue of varieties of vegetable species (see: EU regulations governing the acceptance of varieties in the common catalogue of varieties),
as provided for with the EU regulations on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, the import of seeds and propagating material of certain species of agricultural plants from third countries shall be prohibited (see: EU regulations governing plant health).

4.2. Equivalence of agricultural seeds and propagating material

Pursuant to EU marketing regulations, the decision-making power regarding the equivalence of seeds and propagating material produced in third countries, lays with the European Commission.
Pending the Commission decision on equivalence, in certain cases which are provided for in EU regulations (seeds and propagating material of agricultural plants, intended for fruit production; propagating and planting material of vegetables other than seed) the decision-making power regarding the equivalence lays with an individual EU Member State. In the Republic of Slovenia, establishing the equivalence shall be in accordance with Article 30 of the Agricultural Seeds and Propagating Material Act (see also: Slovene regulations governing the marketing of agricultural seeds and propagating material). A supplier who intends to import seeds and propagating material from a third country, shall lodge an application with the Administration for recognising equivalence of agricultural seeds and propagating material, and pay an administrative fee of EUR 21,02 in accordance with the Administrative Fees Act (OJ RS, No 106/2010 - officiall consolidated version).
Third countries which have been granted equivalence of field inspections of seed-producing crops and equivalence of seed produced in such countries, are indicated in Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries. In Annex I of the Decision the species of agricutlural plants are specified, the seed of which shall be considered equivalent, as well as the authorities of third countries, officially certifying the seed. In Annex II conditions are laid down, which shall be satisfied when importing seed, produced in third countries, so as to be considered equivalent to the seed produced in EU.