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Inara Luigas

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Law· SE733avaldatud riigiteatajas

The Act on Amendments to the Plant Propagation and Variety Protection Act, the Administrative Cooperation Act and the State Fees Act

Estonia · Riigikogu · 22 October 2018

The bill modernizes the law, reduces the functions of the state and increases the deductible of producers. The bill simplifies the seed certification system in such a way that the seed producer would have the opportunity to perform field certification in the case of a certified seed category, take samples for all categories of seeds to be certified and also analyze them. For those who wish to perform field recognition, sampling or laboratory sample analysis or to offer the above-mentioned service, you must have an economic activity permit. The bill supplements the provisions governing the variety list. Among the varieties of species included in the variety list, varieties of fruit and berry crop species are added. Until now, it has been possible to register varieties of fruit and berry crops, but they were not entered in the variety sheet. From January 1, 2017, the European Union unified list of varieties FRAUMATIS began to be prepared, and in connection with it an opportunity will be created to have the varieties of fruit and berry crops in Estonia as well. The draft amends the regulation of the availability of information on seeds produced for personal consumption and the payment of a license fee to the variety owner for the use of a protected variety. In other words, as an exception, it is allowed to produce the seed of certain important crops for personal use, but the variety owner must also be paid a fee for this. Under current law, variety owners cannot enough information about the seeds of the varieties produced for their own consumption, they also do not receive payment for the use of the varieties and, motivated by this, do not have information or a basis for implementing the protection of their rights. This has led variety owners to lose interest in the Estonian market, which is why the Estonian market does not have the newest, most productive and disease- and pest-resistant varieties. In order to change the state of the Estonian market for the better and increase the yield, a draft is needed change the provisions of the scope of the plant variety protection. The bill increases state fees related to seed certification. Those seed producers who use the possibility created by the draft to carry out field certification themselves and take samples from the seed lot to be certified, or who use the services of a person holding the relevant license, are exempted from paying the state fee.