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Section for Plant Varieties and Seed
Production
III. ENTRY OF A VARIETY IN THE NATIONAL VARIETY LIST
1. Legal basis
2. Conditions for entry of a variety in the National
Variety List
3. Procedure for entry of a variety in the National
Variety List
A) Application for entry of a variety in the
National Variety List
B) Checking the conditions for entry of a variety in
the National Variety List
C) DUS and VCU testing of a variety
D) Entry of a variety in the National Variety List
E) National Variety List and other official
publications
4. Costs of the procedure for entry of a variety in
the National Variety List
5. Annual fee for varieties in the National Variety
List
6. Maintenance of varieties
1. Legal basis
 Legislation
in the field of entry of a variety in the National Variety List
Entry of a variety in the National Variety List
represents the condition for the production and marketing of seeds and
propagating material of cereals, fodder plants, potatoes, oil and fibre
plants, beet, hops, vine and vegetables.
2. Conditions for entry of a variety in the National
Variety List
A variety shall be accepted in the National Variety
List if it is distinct, uniform and stable (DUS), if it is of satisfactory
value for cultivation and use (VCU), it has satisfactory denomination
and if all costs in relation to the examination of the variety or
acquisition
of the results of examination have been settled.
VCU shall not be required for varieties of
vegetables (except for varieties of industrial chicory and oil pumpkin)
and varieties of grasses if these are not intended for the
production of fodder.
3. The procedure of entry of a variety in the
National Variety List
A) Application for the entry of a variety in the
National Variety List
The procedure for acceptance of a variety in the
National Variety List shall start with an application on the prescribed
form. A special application shall be lodged for each variety. The application shall be lodged by an applicant, who
is the breeder of the variety, maintainer or other person having the right
to the variety. In the procedure, foreign applicants (from third countries) shall
need an
authorised representative.
FORMS
FOR ENTRY OF A VARIETY IN THE NATIONAL VARIETY LIST
Application for entry of a variety in the National
Variety List and all changes and amendments shall be lodged with the
Phytosanitary Administration of the Republic of Slovenia (hereinafter
referred to as: the Administration), to the address:
Ministry of Agriculture, Forestry and Food
Phytosanitary Administration of the
Republic of Slovenia
Einspielerjeva 6, 1000 Ljubljana, Slovenia
When applying the variety for the procedure of
acceptance in the National Variety List, PRESCRIBED TIME LIMITS shall be
considered.
FINAL
DATES FOR FILING APPLICATIONS
B) Checking the conditions for entry of a variety in
the National Variety List
The Administration shall start the procedure by
checking the application for its form and contents. It shall check if
the application is complete and properly filled in. If it is found
complete, the Administration shall certify a copy of the application by
entering a REGISTER NUMBER OF THE VARIETY and send this to the applicant or
authorised person to serve as a certificate on complete application.
The complete application shall be entered in the
register of applications and published in the official gazette. Register
number of the variety shall be used by the applicant or the authorised
person during the procedure for entry of the variety in the National
Variety List (register number shall be stated in all supplements to
the application).
Information given in the application and other furnished
documentation shall represent the basis for checking the characteristics of the applied variety as well as its identity (provenance,
mode of production, etc.).
The variety shall be included in field varietal
examinations aiming at checking distinctness, uniformity and stability (DUS),
and varieties of arable crops, vine and hops shall be checked also in
respect of their value for cultivation and use (VCU).
If DUS testing has already been performed in one of
the EU Member States or in a third country, which has been recognised
equivalence of procedures and methods for official examination of
varieties, re-testing of DUS shall not be necessary.
Pursuant to EU regulations governing the Common
Catalogue
of Varieties of Agricultural Plant Species and the Common Catalogue of
Varieties of Vegetable Species, deciding on equivalence of procedures
and methods for official examination of varieties in third countries and
on species of agricultural plants which are not subject to such
equivalence, falls within the competencies of the European Commission.
On the basis of
Council
Decision 2006/545/EC on the equivalence of
official examination of varieties carried out in Croatia (OJ L No 215 of
5.8.2006, p. 28) only Croatia was recognised equivalence of procedures
and methods for official examination of varieties.
C) DUS and VCU testing of a variety
DUS and VCU testing of a variety shall be carried
out in accordance with the prescribed methods.
For DUS testing of agricultural plants and vegetable
plants the methods shall apply, laid down in
Commission Directive
2003/90/EC setting out implementing measures for the purposes of Article
7 of Council Directive 2002/53/EC as regards the characteristics to be
covered as a minimum by the examination and the minimum conditions for
examining certain varieties of agricultural plant species and in
Commission Directive 2003/91/EC setting out implementing measures for
the purposes of Article 7 of Council Directive 2002/55/EC as regards the
characteristics to be covered as a minimum by the examination and the
minimum conditions for examining certain varieties of vegetable species.
VCU testing encompasses the following
characteristics in particular: quantity and quality of the yield, resistance
to diseases, harmful organisms and abiotic stress conditions (lack of
water, low temperatures). VCU shall not be required for varieties of
vegetables and grasses which are not intended for the
production of fodder. This does not hold good for industrial chicory and oil
pumpkin.
Seed and propagating material of varieties of
agricultural plants for VCU testing shall be
furnished to the Agricultural Institute of Slovenia, Hacquetova 17, 1000 Ljubljana,
which also performs VCU testing together with subcontractors.
Seed and propagating material of varieties of hops for
VCU testing shall be
furnished to the Institute for Hop-Growing and Brewing, Cesta Žalskega
tabora 2, 3310 Žalec.
When deliveing seed and propagating material for
VCU testing of a variety
FINAL DATES for the
SUBMISSION of seed samples for
VCU testing of a variety shall be considered, which are published in the official journal of the Administration.
D) Entry of a variety in the National Variety List
and inclusion of varieties in the Common Catalogue of Varieties of
Agricultural Plant Species or in the Common Catalogue of Varieties of
Vegetable Species
After having obtained the results of DUS and RIN
testing
and after all the conditions are satisfied (in addition to the basic
also: paid test costs, suitable variety denomination, notified name of a person
responsible for the maintenance of the variety), the Administration shall
issue a decision on the entry of a variety in the National Variety
List. The entry of the variety shall be
for the period of 10 years, for hops and vine for 25 years. If the
conditions are not complied with, the Administration shall issue a
decision on refusal of acceptance of the variety in the National Variety
List.
Entry of varieties of agricultural plants and
vegetables in the National Variety List in the Republic of Slovenia
shall be communicated by the Administration to the European Commission, which
shall enter the varieties in the Common Catalogue of Varieties of
Agricultural Plant Species or in the Common Catalogue of Varieties of
Vegetable Species.
E) National Variety List and other official
publications in the procedure of acceptance in the National Variety List
The Administration provides for regular (4 times a
year) publications in its official journal
Publications of PARS:
-
information on the lodged, withdrawn, rejected
applications for entry of a variety in the National Variety List,
-
proposals for variety denominations and approval
of the proposed variety denominations,
-
information on issued decisions on entry of a
variety in the National Variety List, or refusal thereof,
-
information on varieties to be deleted from
the National Variety List
-
official notifications concerning the time limits
for lodging applications for entry of a variety in the National Variety
List and for supply of seeds and propagating material for VCU testing of
varieties
-
other notifications in relation to the procedure
for entry of a variety in the National Variety List
The Administration publishes the National Variety
List once a year in form of a special publication of its official
journal.
Publications and Notices of the Sector for Plant
Varieties and Seed
On the website of the Administration also online
data on registered varieties in the Republic of Slovenia are available.
4. Fees and costs in the procedure for entry of a
variety in the National Variety List
A) Administrative fee
For submission of the application and issuing a
decision on inclusion of a variety in the National Variety List
administrative fee of
EUR 21,02 shall be payed pursuant to the
Administrative Fees Act (OJ RS, No. 106/2010-official consolidated text).
B) Costs of DUS and VCU testing
The amount of costs for DUS and VPU testing of a
variety is provided for with the
Rules regarding the procedure for entry
of varieties in the National variety List and management of the National
Variety List (Annex 4).
FEES AND COSTS IN THE PROCEDURE FOR ENTRY OF A VARIETY OF AGRICULTURAL
PLANT SPECIES IN THE NATIONAL VARIETY LIST
5. Annual fee to be charged for varieties entered in
the National Variety list
As long as a variety is entered in the National
Variety List, it is liable for an annual fee as laid
down in the Decree on
the amount of annual fee for varieties, entered in the catalogue of
varieties of agricultural plants, and on fees and costs for the
protection of varieties of plants. The annual fee shall be paid to the
Administration on the account no. 01100-1008303490 - fees and costs for
plant varieties.
In the reference field of the payment order the following numbers should
be inserted: 11 23213-7111185.
FEES AND COSTS IN THE PROCEDURE FOR ENTRY OF A VARIETY OF AGRICULTURAL
PLANT SPECIES IN THE NATIONAL VARIETY LIST
6. Maintenance of varieties
As long as a variety is entered in the National
Variety List, its maintenance should be provided.
The variety may be maintaned in the EU or in a third country which
has been recognised equivalence of the procedures for official
supervision of
maintenance of the variety. Pursuant to EU regulations governing marketing, deciding on
the equivalence of procedures for official supervision of
maintenance of a variety in third countries falls within the competencies of
the European Commission
(see: EU regulations governing the
marketing of agricultural seeds and propagating material).
Third countries which have been recognised
equivalence for the manintenance of varieties, and species and groups of
agricultural plants the varieties of which may be maintained in such
third countries, are laid down in
Council
Decision 2005/834/EC of 8 November 2005 on the equivalence of checks
on practices for the maintenance of varieties carried out in certain
third countries.
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