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Board for Plant Varieties
Sotaweg 22, 2371 GD Roelofarendsveen, The Netherlands
P.O. Box 14, 2370 AA Roelofarendsveen, The Netherlands
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Regulation maintenance and maintainer 2019
Policy of the Board for Plant Varieties about MAINTENANCE
1. Control of maintenance of the variety
The maintainer has the legal obligation to ensure that varieties included in the Dutch Variety Register (NRR) will be maintained in accordance with the rules for systematic maintenance with regard to the variety. The Board for Plant Varieties (the Board) supervises this. The maintainer shall ensure that the variety will meet the requirements of variety trueness and variety pureness during the whole life cycle .
Maintenance control horticultural crops
For horticultural crops (in particular vegetable crops) the maintenance control in the Netherlands is carried out in accordance with the inspection regulations determined by Naktuinbouw.
Maintenance control agricultural crops
For agricultural crops, the maintenance control in the Netherlands is carried out in accordance with the inspection regulations determined by the NAK.
2.1. Responsibilities of the competent authorities in the Netherlands
The registration of Dutch maintainers (of varieties that are maintained in the Netherlands) in the Dutch Variety Register (NRR) is done by the Board on the instructions of the inspection bodies Naktuinbouw (for horticultural crops) and the NAK (for agricultural crops).
The Board is responsible for, amongst other things, the communication with the person that is responsible for the maintenance of the variety. In daily practice, the Board has delegated this communication with regard to maintenance of horticultual crops to the inspection body of Naktuinbouw and for agricultural crops to the inspection body NAK. Based on inquiries and information obtained by the Board, the maintenance of the variety should be sufficiently guaranteed, thus ensuring that the variety continues to conform to its identity and description.
2.2. Variety registered in the NRR that is maintained in another EU member state
In case of a new application for maintenance of a variety that is registered in the NRR but that is maintained in another EU Member State, the Board (if necessary) contacts the competent authority (in the Member State concerned) to obtain information on the maintenance.
If deemed necessary for the assessment of the accuracy of the maintenance, the Board may decide to carry out a planting and assessment of a sample, which in this case has to be supplied by the maintainer. The original identity sample (or: DUS-sample) will be compared with the sample supplied by the maintainer.
2.3. Variety registered in the NRR that is maintained in a country outside the EU
If a variety is maintained in a country that has been declared equivalent to the EU for the crop concerned, the variety, can be maintained outside the EU on the basis of Decision EU 2005/834 (Decision of the Board (2005/834/EG) of 8 November 2005 on the equivalence of controls on maintenance of varieties carried out in certain third countries). This decision concerns the equivalence of the maintenance controls that are carried out on the basis of the Community Trade Directives with the controls on maintenance carried out in certain third countries.
This decision refers to the ´official controls´ on the maintenance of varieties carried out by third countries referred to in this decision. These controls are carried out by authorities (in third countries) specified in this decision for the species covered by this decision. These controls offer the same guarantees as those carried out by the Member States.
If the country concerned has not been declared equivalent, a variety that is maintained in this country cannot be accepted by the Board as a legally valid maintenance.
If the maintenance of a variety takes place outside the EU on the basis of the aforementioned Decision EU 2005/834 (equivalence) , the maintainer concerned will have to explain by menas of a questionnaire, in which systematic way the variety is maintained. In addition, the Board can request additional information regarding the controls and/or certification through the competent authorities .
If deemed necessary for the assessment of the accuracy of the maintenance, the Board may decide to carry out a planting and assessment of a sample which in this case has to be supplied by the maintainer. The original identity sample (or: DUS-sample) will be compared with the sample supplied by the maintainer.
2.4. Costs for maintenance control for varieties which are maintained outside the Netherlands
The financing of the maintenance control in the Netherlands is based on full cost recovery. For varieties listed in de Dutch Variety Register NRR and that are maintained outside the Netherlands, extra effort must be made to control the maintenance. An annual (break-even) fee will be charged for this. If this fee has not been paid, the maintenance control cannot be carried out. Therefore, in case of non-payment, the variety will be removed from the Dutch Variety Register NRR.
3. Procedure maintenance control of a variety
3.1. Control of identity sample of seed multiplicated varieties
The DUS-sample is the official identity sample used for the maintenance control. If a (new) sample is required for maintenance control, this will be requested from the maintainer, on behalf of the Board. This sample will be compared with the official identity sample and examined for identity and uniformity. Subsequently, the new sample then becomes the official identity sample.
If the maintainer is no longer able to provide a sample that complies with the official identity sample, the maintainer concerned will be removed from the NRR as maintainer of the variety concerned. In case of several maintainers: if none of the maintainers is able to provide a sample that conforms to the official identity sample, the variety will be removed from the Dutch Variety Register (NRR).
Vegetatively propagated crops
For vegetatively propagated crops (such as potatoes), the maintenance control is usually not possible on the basis of a comparison with the official identity sample. In such cases the maintenance control may be carried out in another way, deemed appropriate by the inspection body.
For example there is no identity sample system for potatoes. Instead, an annual assessment of type-review takes place using clones of the inspection body NAK. The identity sample here is actually the greatest common denominator of the samples on the central clone field. Everything that deviates stands out and will be eliminated as clone.
3.2 Post controls
Various seed lots of maintained varieties are regularly examined by the inspection body by means of a post control, in order to obtain a reliable insight into the maintenance of the variety. The seed lots are compared with the official identity sample.
3.3. Control administration
The competent authority of the Member State may at any time inspect the administration kept by the person(s) responsible for the maintenance of the variety.
The maintainer must make available samples of all lots that are required for the examination of variety trueness and variety pureness. If the examination shows that a particular variety does not (anymore) meet the requirements of variety trueness, or that a large number of deviating plants from the variety (off types) have been found as a result of which doubts have arisen about the maintenance of the variety, and that no or insufficient actions are taken to ensure the conformity with the variety description, the variety will eventually be removed from the NRR.
4. Publication, entry into force and citation title
4.1. The ´Regulation of registration of a maintenance and maintainer of seed propagated vegetable varieties´ as published in the Gazette of the Board for Plant Varieties of 16 August 2006 (nr. 471) will be withdrawn.
4.2. This regulation will enter into force on the day after publication.
4.3. This regulation will be referred to as ´Regulation maintenance and maintainer 2019´.
This policy has been adopted by the Board of Plant Varieties on November 15, 2019.