Brexit: consequences for the marketing position of vegetables and agricultural crops (repeated reminder)
As a consequence of the imminent Brexit, the United Kingdom (UK) will no longer be a member of the EU as from 30 March 2019. From such time, the UK will be considered a ‘third country’. This will change our trade relationship with the UK. The outcome of the Brexit negotiations and the ratification and approval of the result of the negotiations is still unsure. Because of that we want to reiterate the important consequences of the Brexit for the marketing position of plant varieties.
Consequences for varieties listed in the Common Catalogue
Varieties of vegetable plants or agricultural crops that have been added to the Common Catalogue via only a listing on the national list of the UK will be removed from the Common Catalogue. These varieties will no longer be eligible for marketing within the EU from 30 March 2019.
Do you want to continue marketing these varieties within the EU?
In that case, the variety must be accepted before 30 March 2019 in one of the (remaining) EU member states. For more information, see the notice issued by the European Commission on 8 September 2017. We recommend to read the attached Notice to Breeders carefully. It is particularly important that after the Brexit a plant variety is listed on the national list of one of the (remaining) EU Member states and that the variety is maintained in one of the (remaining) EU Member states.
Do you market varieties that are already listed in the UK?
We advise you to submit a timely application for listing with one of the other EU member states. We call this an application for take over. This enables you to have your varieties included on another national list before 30 March 2019.
How to arrange an application for take over
Submit an application in writing to the Board for Plant Varieties before 1 February 2019:
The Board for Plant Varieties
Attn Mr C.J.A. Groenewoud
2370 AA ROELOFARENDSVEEN, NL
Please include the following with your application:
1. A request for the DUS report concerned to be taken over.
2. Information concerning the maintainer.
4. If available the Technical Questionnaire
3. For agricultural crops: proof that testing and examination for VCU (Value for Cultivation and Use)
of the variety was successfully concluded at the time in the UK.
The decision issued by the relevant authorities to include the variety may be used as proof, for example. In this specific situation, performing new VCU testing in the Netherlands is not necessary
Your application can be submitted for several varieties at the same time
Use the application form published by the Board for Plant Varieties. For this exception you can fill in several varieties on one form at number 6. The fee is per variety.
What does a standard application for take over cost?
As this concerns a standard take over, the following fees apply from 1 January 2018:
- application fee € 454 (after January 1st 2019 the fees of 2019 will apply)
- taking over the DUS report from the UK € 240
(or the fee charged by the UK to the Board for Plant Varieties).
These fees apply to both vegetable plants and agricultural crops for the procedure described above.
When can applications be submitted?
A pre-application can already be submitted for varieties currently undergoing testing for listing in the UK, and for which trials are expected to be completed before 30 March 2019. The actual application can be submitted after the variety has been approved for listing in the UK.
The Board will attempt to process varieties expected to complete trials in early 2019 as soon as possible. How the Brexit implications will develop further is difficult to predict. The information here is based on what we currently know.
More information about an application for take over or how to submit a pre-application?
Please feel free to contact the Board for Plant Varieties at firstname.lastname@example.org or call:
- Monique Hoogenboom, Bureau for Plant Varieties, tel. + 31 (0) 71 332 6139
- Kees Jan Groenewoud, Board for Plant Varieties, tel. + 31 (0) 6 2150 9757
Do you have a question when applying for Plant Breeders’ Rights or registration? Please contact us at email@example.com or
+31 (0)71 332 6137
You can also go to the contactpage (click here)
Board for Plant Varieties
Sotaweg 22, 2371 GD Roelofarendsveen, The Netherlands
P.O. Box 14, 2370 AA Roelofarendsveen, The Netherlands