Update Brexit 10 September 2020
Brexit: consequences for the marketing position of vegetables and agricultural crops: a transition right is in force
As a consequence of the Brexit, the United Kingdom (UK) is no longer a member of the EU since 31 January 2020. From this time, the UK will be considered as a ‘third country’. This will change our trade relationship with the UK. The results of the continued Brexit-negotiations and the ratification of the results are still very unclear. Notwithstanding this, we intend to keep you informed with updates of earlier messages about the recent developments of Brexit-effects on the trading aspects of plant varieties.
Consequences for varieties listed in the Common Catalogue: a transition right is in force. This implies that in 2020 the existing trading relation between the UK and the EU is still valid.
Varieties of vegetable crops 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 EU-list. This may happen from 31 December 2020. By this reason extra attention is needed for the future European trading position of these varieties. A transition right has been set up, in which the current trading position is still in force. This transition right is valid from 31 January 2020 until 31 December 2020. The situation after this date is still unclear.
Do you have varieties which are only listed via the UK, and do you want to continue marketing these varieties within the EU?
In that case, the variety must be listed and maintained before 31 December 2020 in one of the (remaining) EU member states. If this is not the case, then it is impossible to trade your variety within the EU from 1 January 2021 onwards. Therefore it is important to timely (1 October 2020 at the latest) submit a request for listing in one of the other EU-meber states via a take-over request. In 2020 it is still possible to take over, besides DUS-reports, also results of VCU-examinations from the UK.
How will the Brexit continue?
The future of the Brexit is more unclear day after day. This message is based on what we know now. In the coming 3,5 months, the UK and the EU may finalize the detailed negotiations. This process has to end on 31 December 2020. Some stakeholders have serious doubts if this is possible. The risk for a ´no deal Brexit´ (so, without further appointments) is again increasing at the moment.
What will happen with the maintenance of my UK-varieties?
The law prescribes that maintenance must take place in an EU-member state, ór in a so-called ´Equivalent Country´. It is still not clear if the UK will be accepted as an ´Equivalent Country´. This also depends on the results of the current negotiations. It is the responsibility of the companies to organize the maintenance in the right way. This means that the companies themselves must take care for the maintenance in an EU-member state or in an ´Equivalent Country´.
How to arrange an application for take over?
On 1 October at the latest, you have to submit a written request to the Dutch Board for Plant Varieties.
We advise you to contact the Board via firstname.lastname@example.org
In the application, you include:
- A request to take over the DUS-report concerned.
- Information about the maintainer.
- The Technical Questionnaire (TQ, if that is available).
- For agricultural crops: the certificate or proof that the Value for Cultivation and Use (VCU) of the variety was successfully finished in the UK in the past. This proof or certificate is for example the positive decision of the authorities about listing. For this specific situation it is not needed to repeat the VCU in the Netherlands.
It is possible to include several varieties in one time. Under paragraph 6 you can mention several varieties for this exemption. NB: the required fee is meant for each separate variety.
What are the regular fees for a take-over request?
As in the above procedure regular take-overs are concerned, the fees per 1 January 2020 are applicable:
- Application fee € 240 (online application) or €410 (paper or PDF).
- Take over DUS-report UK € 240 (or the fee that is charged by the UK to the Board).
- Application fee € 360 (online application) or € 550 (paper or PDF).
- Take over DUS report UK € 240 (or the fee that is charged by the UK to the Board).
These fees are valid for vegetable crops and for agricultural crops for the procedure as explained above.
At which moment the application takes place?
For varieties which are still under examination for listing in the UK and for which it is expected that the examination is finished before 31 December 2020, it is possible to submit an advanced notice (pre-application). The official application takes place after the formal listing in the UK.
The Board will do its upmost to process the varieties for which the finalization will take place before 31 December 2020 as soon as possible. The further development of the Brexit process is very unclear. This message is based on our present knowledge.
If you want to know more about take-over requests or the submission of an advanced notice (pre-application)?
Please contact the Board via email@example.com.
On behalf of the Dutch Board for Plant Varieties,
Mr C.J.A. Groenewoud
firstname.lastname@example.org or phone +31 (0)71 332 6137
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