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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

25 April 2002 [shall come into force on 23 May 2002];
9 October 2003 [shall come into force on 5 November 2003];
23 September 2004 [shall come into force on 27 October 2004];
17 November 2005 [shall come into force on 21 December 2005];
19 December 2006 [shall come into force on 1 January 2007];
19 June 2008 [shall come into force on 16 July 2008];
3 September 2009 [shall come into force on 2 October 2009];
16 December 2010 [shall come into force on 31 December 2010];
21 June 2012 [shall come into force on 12 July 2012];
25 April 2013 [shall come into force on 29 May 2013];
20 March 2014 [shall come into force on 3 April 2014];
7 November 2019 [shall come into force on 1 December 2019].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

Seed and Variety Circulation Law

[16 December 2010]

Chapter I
General Provisions

Section 1. Purpose of this Law

(1) The purpose of this Law is:

1) to protect consumers of seed from the use of poor quality seed for sowing;

2) to govern the circulation of varieties of agricultural crops, vegetables, fruit trees and berry bushes.

(2) This Law shall apply to:

1) the species of agricultural crops and vegetables which are referred to in the laws and regulations regarding growing and marketing of seed;

2) the species of fruit trees and berry bushes which are referred to in the laws and regulations regarding circulation of propagating material of fruit trees and berry bushes. Only Chapter V.1 of this Law shall apply to the species of fruit trees and berry bushes.

[16 December 2010]

Chapter II
State Functions in Seed Growing

Section 2. Performance of State functions in Seed Growing

In performing State functions in seed growing:

1) the Cabinet shall:

a) issue regulations regarding growing and marketing of seed for each group of cultivated plants;

b) approve the by-laws of the Latvian Catalogue of Plant Varieties (hereinafter also - Catalogue) in which the procedures for approval of the Catalogue and the procedures by which a variety shall be included and maintained in the Catalogue or deleted therefrom, as well as the procedures for the storing and publication of the information related to the creation of the Catalogue shall be determined;

c) [25 April 2002];

d) [17 November 2005];

e) issue regulations regarding the recognition and seed circulation of a conservation variety intended for plant genetic resources of Latvian origin for agriculture and food (hereinafter - the regulations regarding the recognition and seed circulation of the conservation variety). The conservation variety shall be a local variety or a variety which has been adapted to the local conditions and threatened by genetic erosion - gradual loss of the genetic diversity of a population or variety, or loss of the genetic diversity of the same species between populations, or reduction of the genetic basis of a species due to human intervention or environmental changes;

f) [16 December 2010];

g) determine the countries other than the European Union Member States to which the equivalence has been granted in field inspection and seed production, but in relation to vegetable species - in the maintenance of varieties, as well as determine the procedures for seed quality and labelling when seed is brought in from such countries (hereinafter - the regulations regarding the equivalence of seed from the third countries);

h) issue regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions. The vegetable variety developed for growing under particular conditions shall be a variety which does not have significant value in commercial production of vegetables, but which has been developed for growing under particular conditions, for example, under special agrotechnical conditions, climatic conditions or conditions characteristic to soil (hereinafter - the vegetable variety developed for growing under particular conditions);

i) issue regulations regarding the fodder plant seed mixtures intended for the preservation of the natural environment;

2) the Ministry of Agriculture shall:

a) develop, in conformity with the State agricultural policy, the State seed growing policy;

b) ensure the collection, conservation, characterisation, assessment and use of agricultural plant species genetic resources in conformity with the State authority and commercial company specialisation stipulated by the Cabinet;

3) [3 September 2009];

4) the State Plant Protection Service shall:

a) certify seed;

b) maintain the assessment database of the value for the cultivation and use of plant varieties in accordance with the laws and regulations regarding the assessment of the value for the cultivation and use of a plant variety;

c) perform all the activities related to the creation, maintenance of the Latvian Catalogue of Plant Varieties of the State Information System for Monitoring of Agricultural Plants and the List of Varieties of Fruit Trees and Berry Bushes of the State Information System for Monitoring of Agricultural Plants, storage and publication of the information therein;

d) implement the schemes of the Organisation for Economic Co-operation and Development (OECD) with respect to the certification of cereal varieties and grass and legume varieties for the circulation of seed on the international market;

e) perform all activities which are related to the inclusion of the plant species registered in Latvia in the European Union common catalogue of varieties of agricultural plant species, the European Union common catalogue of varieties of vegetable species (hereinafter also - the European Union common species catalogues), or in the European Union common list of varieties of fruit trees and berry bushes (FRUMATIS);

f) implement the requirements of directly applicable European Union legislation regarding varieties and seed circulation;

g) co-operate with the relevant certification institutions of other countries;

h) ensure participation in the comparison examinations provided for in respect of European Union legislation and the relevant research;

i) organise and maintain the Seed Grower and Seed Trader Register of the State Information System for Monitoring of Agricultural Plants (hereinafter - the Register of Seed Growers and Seed Traders);

j) supervise and control the circulation of seeds;

k) perform the functions of a reference laboratory in the specification of seed quality and provide other laboratory services;

l) in the cases provided for in the laws and regulations regarding growing and marketing of seed, certify seeds with reduced germination power;

m) maintain original seed samples of the varieties included in the Latvian Catalogue of Plant Varieties in respect of which the State Plant Protection Service has requested variety examination and also conservation varieties and vegetable varieties developed for growing under particular conditions (except potatoes);

n) organise or perform post-control of certified seed, standard seed, seed of conservation variety and seed of vegetable variety developed for growing under particular conditions;

o) issue a permit for the marketing of such fodder plant seed mixtures that are intended for the preservation of the natural environment (hereinafter - the seed mixtures for the preservation of the natural environment);

5) the Latvia University of Agriculture shall ensure the assessment of the value for cultivation and use of plant varieties in accordance with the laws and regulations regarding assessment of the value for the cultivation and use of plant varieties.

[25 April 2002; 23 September 2004; 17 November 2005; 19 December 2006; 3 September 2009; 16 December 2010; 21 June 2012; 25 April 2013; 7 November 2019]

Section 3. Financing of Seed Growing

Seed growing shall be financed by funding from seed growers, seed processors, packers and traders - natural persons and legal persons, by subsidies from the State budget from general revenue, as well as income from the provision of paid services.

Chapter III
Requirements to be Met for Seed Growing, Processing, Packaging and Marketing

Section 4. Registration of Seed Growers, Seed Processors, Packers and Traders

(1) A person shall submit an application to the State Plant Protection Service for the registration with the Register of Seed Growers and Seed Traders if it is engaged in certified seed growing and marketing of seed or in seed processing or packing.

(2) A person shall be registered with the Register of Seed Growers and Seed Traders in accordance with the procedures laid down in the laws and regulations regarding growing and marketing of seed.

(3) Registration shall be cancelled:

1) if the registered person has submitted the relevant application;

2) if the legal person has been excluded from the Commercial Register or the natural person is dead;

3) in the cases provided for in laws and regulations regarding growing and marketing of seed;

4) if, within two years after the day of receipt of the last application, the application for the certification of seeds has not been submitted to the State Plant Protection Service. In such case the State Plant Protection Service has the right to cancel the registration with the Register of Seed Growers and Seed Traders without prior warning.

(4) Changes in the Register of Seed Growers and Seed Traders shall be made by the State Plant Protection Service upon receipt and evaluation of the application from the person, provided the State fee is paid.

(5) The State Plant Protection Service shall post on its website information regarding the registered persons which during the last two years have submitted the application for the certification of seeds by indicating the name and legal address of the legal person or the given name and surname of the natural person and also the code, type of activity and telephone number of the seed grower.

[7 November 2019]

Section 5. Regulations Regarding Growing and Marketing of Seed, Recognition and Seed Circulation of Conservation Variety and Vegetable Variety Developed for Growing under Particular Conditions

(1) Regulations regarding the growing and marketing of seed shall govern:

1) the procedures for registration of seed growers, seed processors, packers and traders in the Register of Seed Growers and Seed Traders, as well as the procedures for making amendments to such Register and the procedures for cancelling such registration;

2) a seed category system for seed of various plant species;

3) the requirements for seed growing fields - the varietal purity and health, the minimum distances between sowing fields, in between which undesirable foreign pollination is possible, and other regulatory requirements affecting the seed quality, as well as the procedures for field inspection;

4) the size of the seed lot and seed samples;

5) the requirements for taking of average samples;

6) the requirements for the seed quality - purity, germination power, health thereof and other regulatory requirements affecting the seed quality;

7) the size and type of packaging for plant species seeds, for which it is provided in the laws and regulations regarding growing and marketing of seed, as well as the content and type of labels;

8) the requirements for the preparation of mixtures of seed for plant species seeds, for which it is provided in the laws and regulations regarding growing and marketing of seed;

9) the procedures for registration of agreements on propagation of seed in the state, other than a European Union Member State, for plant species seeds for which it is provided in the laws and regulations regarding growing and marketing of seed;

10) the documents to be submitted for growing and marketing of seed and the content thereof;

11) the procedures and requirements for post-control of seed lots in field plots or for determining the degree of infection by viruses by means of laboratory tests of seed potatoes.

(2) Regulations regarding the recognition and seed circulation of a conservation variety shall govern:

1) the requirements for the recognition of conservation variety;

2) the minimum requirements and procedures for the performance of distinctiveness, uniformity and stability test of the conservation variety;

3) the requirements and procedures for inclusion of the conservation variety in the Latvian Catalogue of Plant Varieties;

4) the requirements for seed circulation of conservation varieties and quantitative restrictions for such circulation;

5) the requirements for the quality of conservation varieties;

6) the requirements for the packaging and labelling of conservation varieties;

7) the requirements for post-control of seed of conservation varieties in order to examine the identity of variety and varietal purity.

(3) Regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions shall govern:

1) the requirements for the recognition of a vegetable variety developed for growing under particular conditions;

2) the minimum requirements and procedures for the performance of distinctiveness, uniformity and stability test of the vegetable variety developed for growing under particular conditions;

3) the requirements and procedures for inclusion of the vegetable variety developed for growing under particular conditions in the Latvian Catalogue of Plant Varieties;

4) the requirements for seed circulation of the vegetable variety developed for growing under particular conditions;

5) the requirements for the quality of seed of the vegetable variety developed for growing under particular condition;

6) the requirements for the packaging and labelling of seed of the vegetable variety developed for growing under particular conditions;

7) the requirements for post-control of seed of the vegetable variety developed for growing under particular conditions in field plots.

[3 September 2009; 16 December 2010]

Section 5.1 Regulations Regarding Plant Seed Mixtures for the Preservation of the Natural Environment

Regulations regarding seed mixtures for the preservation of the natural environment shall govern:

1) the types of acquisition of seed mixtures and the territories from which the acquisition thereof is permitted;

2) the procedures for the issuance and cancellation of a permit for the marketing of seed mixtures;

3) the quantitative restrictions for marketing of seed mixtures;

4) the requirements for the quality of seed mixtures;

5) the requirements for the packaging and labelling of seed mixtures.

[16 December 2010]

Section 5.2 Permit to Market Seed Mixtures for the Preservation of the Natural Environment

The decision to issue a permit to market seed mixtures for the preservation of the natural environment or refuse to issue a permit shall be taken within 12 months after the date for submitting the application laid down in the laws and regulations regarding fodder seed mixtures for the preservation of the natural environment, but not later than within five working days after receipt of all documents attesting to the seed quality determined in the abovementioned laws and regulations.

[21 June 2012]

Section 6. Obligations of Seed Growers, Seed Processors, Packers and Traders

(1) The obligations of seed growers, seed processors, packers and traders are as follows:

1) to ensure that seed are not mixed and their quality is maintained throughout the course of growing, processing, packaging and marketing;

2) to maintain documentation in accordance with the regulations regarding growing and marketing of seed;

3) to maintain documentation regarding the origin, variety, category, quality and quantity of seed supplied for growing, processing, packaging and marketing;

4) to retain for six years all documentation and records relating to seed growing, seed processing, packaging and marketing;

5) to ensure access for the State Plant Protection Service inspector to production premises, warehouses, land areas and accounting documents, as well as to provide requested additional information regarding seed circulation;

6) ensure the organisation of accounting documents in order that the State Plant Protection Service inspector has access to information regarding all the stages of seed circulation.

(2) Seed packers have an obligation to ensure that the quality of seed in the package conforms to the label or marking and the document approving quality.

(3) The seed grower who is engaged in seed growing in organic agriculture has an obligation to ensure for the undertaking or the parts thereof conformity to laws and regulations regarding the requirements specified for organic agriculture.

(4) [19 June 2008]

(5) If a variety has been genetically modified, a seed trader shall indicate such in his or her marketing catalogue or in information regarding the placement of seed on the market.

(6) If the variety has been included in one of the European Union common species Catalogues, the person who wishes to grow the relevant seed variety or to market it in Latvia for propagation shall, by 1 March submit an official variety description to the State Plant Protection Service (if the State Plant Protection Service certifies that such variety description does not exist).

[23 September 2004; 19 June 2008]

Chapter IV
Certification of Seed, Seed Examination and Registration of Sowing Fields of a Variety

[3 September 2009]

Section 7. Seed Certification

(1) Seed certification is the identification of varieties, testing of growing conditions and checking of the characterising features of seed quality which includes field inspection, seed quality testing and post-control and which is confirmed by an appropriate document.

(2) Seed may be certified, if:

1) the variety meets one of the following conditions:

a) the variety has been included in the Latvian Catalogue of Plant Varieties;

b) the variety has been included in one of the European Union common species catalogues and in accordance with Section 6, Paragraph six of this Law an official variety description has been submitted to the State Plant Protection Service;

c) the variety has been included in the list of varieties in the Seed Scheme (in which Latvia participates) of the Organisation for Economic Co-operation and Development (OECD) and such seed varieties are intended for bringing out to countries other than European Union Member States;

2) the field where the seed is grown meets the requirements of regulations regarding growing and marketing of seed;

3) the quality of seed meets the requirements of regulations regarding growing and marketing of seed;

4) the payments associated with seed certification have been made.

(3) Seeds which have been certified by an official institution of the Member States of the European Union or the certification of which has been performed under the supervision of the official institution in accordance with the laws and regulations of the Member States shall, in terms of quality, be equivalent to seeds certified by the State Plant Protection Service.

(4) The State Plant Protection Service shall take the decision to issue a permit to certify seed with reduced germination power or the decision to issue a permit to lower the breeder seed category within one month after expiration of the time limit for submitting applications provided for in the regulations regarding growing and marketing of seed.

[25 April 2002; 23 September 2004; 17 November 2005; 3 September 2009; 16 December 2010]

Section 7.1 Seed Examination

(1) Seed examination shall be the seed quality assessment and post-control in field plots (except commercial seed) in accordance with the procedures provided for in the regulations regarding growing and marketing of seed.

(2) Seed examination shall be performed:

1) for standard seed, if the variety is included in the Latvian Catalogue of Plant Varieties or in the European Union common catalogue of vegetable varieties, taking into account the requirements included in the regulations regarding growing and marketing of vegetable seed;

2) for commercial seed if the seed can be identified as seed belonging to species and to such species for which it is intended in the regulations regarding growing and marketing of seed;

3) for seed of conservation variety if the variety is included in the Latvian Catalogue of Plant Varieties, taking into account the requirements included in the regulations regarding the recognition of conservation variety and seed circulation;

4) for seed of vegetable varieties developed for growing under particular conditions, if the variety has been included in the Latvian Catalogue of Plant Varieties as a vegetable variety developed for growing under particular conditions, taking into account the requirements included in the regulations regarding recognition and seed circulation of vegetable variety developed for growing under particular conditions.

[3 September 2009; 16 December 2010]

Section 8. Field Inspection

(1) On the basis of an application by the seed grower, the State Plant Protection Service shall check the conformity of the sowing fields of the variety for the obtaining of seed - shall perform the field inspection in accordance with the regulations regarding growing and marketing of seed.

(2) The decision of the State Plant Protection Service inspector on the results of the field inspection may be disputed within three working days, submitting to the State Plant Protection Service an application.

(3) The State Plant Protection Service shall decide on the conformity of the sowing fields of the variety for obtaining of seed within three months, in turn, for biennial and perennial vegetable species - within 15 months after expiration of the time limit for submitting applications provided for in the regulations regarding growing and marketing of seed, but not later than within three working days after the last field inspection.

[9 October 2003; 17 November 2005; 3 September 2009; 16 December 2010]

Section 8.1 Registration of Sowing Fields of a Variety

On the basis of the receipt of an application from a person, the State Plant Protection Service shall register the sowing fields of a variety in accordance with the procedures laid down in laws and regulations regarding growing and marketing of seed.

[19 December 2006]

Section 9. Seed Quality Assessment

(1) The seed quality, also the commercial seed quality, shall be assessed by the State Plant Protection Service in accordance with the regulations regarding growing and marketing of seed of relevant species during the certification process thereof.

(2) The quality of standard seed, seed of conservation varieties and seed of vegetable varieties developed for growing under particular conditions shall be assessed by the processor or packer, or by the State Plant Protection Service.

(3) Samples shall be taken and assessment of seed shall be performed in accordance with methods provided for in the regulations of International Seed Testing Association (ISTA). The methods included in the regulations regarding growing and marketing of seed shall be applied for the species to which the regulations of International Seed Testing Association (ISTA) are not applicable.

(4) The State Plant Protection Service shall decide on the compliance of the seed quality with the requirements of seed category provided for in the regulations regarding growing and marketing of seed of the relevant species within two months after the day when the application was submitted, but not later than within three working days after expiration of the time limit for analysis provided for in the regulations of the International Seed Testing Association (ISTA).

[3 September 2009; 16 December 2010]

Section 10. Post-control of Seed

The State Plant Protection Service shall perform the post-control of seed in accordance with the laws and regulations regarding seed growing and seed circulation:

1) for seed lots - to determine the identity and purity of seed in field plots;

2) for seed potatoes - to determine the degree of infection by viruses by means of laboratory tests.

[25 April 2002; 3 September 2009 / See Transitional Provisions]

Chapter V
Latvian Catalogue of Plant Varieties

[25 April 2002]

Section 11. Latvian Catalogue of Plant Varieties

(1) The Latvian Catalogue of Plant Varieties is a list of plant varieties, the seed of varieties included in which may be certified or examined as standard seed, seed of conservation variety or seed of vegetable varieties developed for growing under particular conditions and marketed in accordance with the laws and regulations regarding growing and marketing of seed and also with the regulations regarding the recognition of a conservation variety or vegetable variety developed for growing under particular conditions and seed circulation.

(2) The Catalogue shall include cereals, forage plants, oil plants and fibre plants, and beetroot, potato and vegetable varieties.

(3) The State Plant Protection Service shall post the Catalogue on its website. The following information shall be included in the Catalogue:

1) the name of the variety;

2) time period for which the variety has been included in the Catalogue;

3) the country in which the variety has been bred;

4) for the breeder or maintainer of the variety - a legal person - the name, address and telephone number, but for a natural person - the given name, surname and telephone number;

5) for the holder of the breeder's right or an authorised representative of the holder of the breeder's right which has the right to enter into a licence agreement - a legal person - the name, address and telephone number, but for a natural person - the given name, surname and telephone number;

6) indicators that characterise the variety;

7) the relevant indication if the variety is genetically modified;

8) the indication "conservation variety" if it has been included in the Catalogue as a conservation variety;

9) the indication "vegetable variety developed for growing under particular conditions" if it has been included in the Catalogue as a vegetable variety developed for growing under particular conditions.

(4) The State Plant Protection Service shall take the decision to include a variety in the Catalogue or delete it therefrom, as well as to make other amendments to the Catalogue. The State Plant Protection Service in accordance with the laws and regulations regarding the formation of the Catalogue shall publish in the official gazette Latvijas Vēstnesis information regarding the decisions taken.

[7 November 2019]

Section 11.1 Inclusion of Plant Varieties in the Latvian Catalogue of Plant Varieties and European Union Common Species Catalogues

(1) A variety shall be included in a Catalogue if:

1) it has been recognised as distinct, uniform, and stable in accordance with the laws and regulations regarding examination of distinctness, uniformity and stability of a variety. A variety shall be recognised as:

a) distinct if with one essential feature or several essential features it is clearly distinguishable from any other known variety in the European Union. A known variety in the European Union is a variety which has already been included in one of the European Union common species catalogues or has been submitted for inclusion in such a catalogue for certification and marketing in a Member State of the European Union or certification in another country;

b) uniform if its plants which are propagated taking into account the special features of the propagation of the variety, the variety in terms of characteristic features is sufficiently homogeneous or genetically identical;

c) stable if after multiple propagation thereof or at the end of each propagation cycle (if a special propagation cycle is utilised) the characteristic features of the variety do not essentially change;

2) the name thereof meets the requirements of the International Union for the Protection of New Varieties of Plants (UPOV) and European Union legislation. The State Plant Protection Service shall decide on the conformity of the name of the variety within six months after the day when an application for the inclusion of the variety in the Catalogue has been submitted;

3) after the assessment of the value for the cultivation and use of the variety, such variety has been recognised as conforming to the requirements prescribed by the by-laws of the Catalogue. The Cabinet shall determine the requirements, procedures and pricing for the assessment of the value for the cultivation and use of the variety. The requirements for the assessment of the value for the cultivation and use of the variety do not apply to vegetable varieties, varieties of grasses not intended for the production of fodder and to the varieties used only as components in the development of hybrids.

(2) A variety shall be recognised as conservation variety and included in the Catalogue, if it meets the following conditions:

1) the variety is recognised as distinct, uniform and stable in accordance with the regulations regarding the recognition of conservation variety and seed circulation at least pursuant to the minimum requirements for the distinctiveness, uniformity and stability test of conservation variety;

2) the variety is significant from the point of view of the maintenance of plant genetic resources intended for agriculture and food in accordance with the regulations regarding the recognition of conservation variety and seed circulation;

3) the requirements provided for in the laws and regulations regarding the recognition of conservation variety and seed circulation have been complied with.

(3) Varieties of other European Union Member States shall be included in a Catalogue on the basis of the same principles varieties bred in Latvia are included.

(4) [7 November 2019]

(5) [7 November 2019]

(6) Some of the varieties included in the European Union common species catalogues and the Latvian Catalogue of Plant Varieties shall not be subjected to other marketing restrictions.

(7) Genetically modified varieties shall be included in the Catalogue in accordance with the requirements of European Union legislation and the procedures laid down in Latvian laws and regulations regarding the use and distribution of genetically modified organisms.

(8) Varieties which are intended only for export to countries other than European Union Member States shall not be included in the Catalogue.

(9) The State Plant Protection Service shall ensure that each of the varieties included in the Catalogue and such varieties as regards which an application has been submitted for its inclusion in the Catalogue, a description and the justification for its inclusion in the Catalogue is accessible to the European Commission and the European Union Member States. Information which is associated with the abovementioned circulation of documents is restricted access information.

(10) The State Plant Protection Service shall place on its website guidelines for the specification of the distinctiveness, uniformity and stability of a variety.

(11) A variety shall be recognised as a vegetable variety developed for growing under particular conditions and included in the Catalogue if it meets the following conditions:

1) the variety has been recognised as distinct, uniform and stable in accordance with the regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions at least according to the minimum requirements for the distinctiveness, uniformity and stability test of a vegetable variety developed for growing under particular conditions;

2) the variety has no significant value in commercial production of vegetables, but it has been developed for growing under special agrotechnical conditions, climatic conditions or conditions characteristic to soil;

3) the requirements provided for in the regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions.

(12) The State Plant Protection Service shall, after receipt of an application for the inclusion of a variety in the Catalogue, decide on:

1) the species for which the assessment of the value for cultivation and use of the variety must be performed:

a) within three years - for varieties of cereal crops (spring crop forms), annual fodder plants, oil plants (spring crop forms), fibre plants, potatoes and beet;

b) within three and a half years - for varieties of cereal crops (winter crop forms) and oil plants (winter crop forms);

c) within five years - for varieties of perennial fodder plants;

2) the species for which the assessment of the value for cultivation and use of the variety need not be performed in accordance with Paragraph one, Clause 3 of this Section - within seven months.

(13) If according to the proposal by the National Plant Variety Council the time limit for the assessment of the value for cultivation and use of the variety is extended for one year, the time limit for taking the decision on the inclusion of the variety in the Catalogue shall be extended by one year accordingly.

[23 September 2004; 17 November 2005; 19 December 2006; 3 September 2009; 16 December 2010; 21 June 2012; 7 November 2019]

Section 11.2 Maintainer of a Variety

(1) A maintainer of a variety is a person who in accordance with commonly accepted variety maintenance practice after the variety has been recognised, acquires the variety sample seeds. The maintainer of a variety of a protected variety may be a breeder or another person who the breeder has authorised to maintain the variety in accordance with the variety maintenance scheme. For a variety for which the protection period has ended, the maintainer of the variety may be any person who is referred to in the Catalogue as the maintainer of the variety.

(2) A maintainer of a variety has the following obligations:

1) to ensure the conformity of the variety to the variety description, which has been developed by the institution, which examines the distinctiveness, uniformity and stability of the variety;

2) on the basis of a request from the State Plant Protection Service to supply variety seed samples;

3) to supervise the propagation of variety seed up to the seed categories referred to in growing and marketing of seed regulations taking into account the variety propagation scheme;

4) to organise records regarding the maintenance of varieties;

5) to keep for six years all documentation and records associated with the maintenance of varieties;

6) to ensure access for the State Plant Protection Service inspector to production premises, warehouses, land areas and maintenance of the varieties documents, as well as to provide requested additional information regarding maintenance of the varieties.

[17 November 2005]

Section 12. National Plant Variety Council

(1) The National Plant Variety Council (hereinafter - the Council) shall be established and operate in accordance with the by-laws of the Council which shall be approved by the Cabinet.

(2) The Council shall:

1) establish expert groups of plant varieties;

2) provide proposals in cases laid down in the laws and regulations regarding seed circulation;

3) provide proposals for the inclusion of varieties in the Catalogue;

4) develop proposals for State support in seed growing and for the improvement of the seed growing system.

(3) The composition and by-laws of the expert groups of plant varieties shall be approved by the Minister for Agriculture.

(4) The State Plant Protection Service shall provide the material and technical basis for the activities of the Council, maintain the database and record-keeping of the Council.

[3 September 2009]

Chapter V.1
List of Varieties of Fruit Trees and Berry Bushes

[16 December 2010]

Section 12.1 Creation of List of Varieties of Fruit Trees and Berry Bushes and Maintenance Thereof

(1) Varieties of genera and species of fruit trees and berry bushes, as well as varieties of interspecies hybrids, referred to in the regulations regarding the circulation of propagating material of fruit trees and berry bushes shall be included in the list of fruit trees and berry bushes (hereinafter - the list of varieties).

(2) The State Plant Protection Service shall organise, maintain and placed on its website the list of varieties.

(3) The Cabinet shall issue regulations regarding the creation of a list of varieties in which the following shall be provided for:

1) the requirements and procedures for the inclusion and maintenance of varieties in the list of varieties, as well as for the deletion thereof from the list;

2) the requirements for the description of a variety and the procedures for the recognition thereof;

3) the procedures for the storage and publishing of information related to the creation of the list of varieties;

4) the procedures for the exchange of information related to the list of varieties.

(4) It shall be allowed to market the propagating material of varieties included in the list of varieties in accordance with the laws and regulations regarding circulation of propagating material of fruit trees and berry bushes.

(5) The following information shall be indicated in the list of varieties:

1) the botanical name of the species;

2) the name of the variety and synonyms thereof;

3) the indication "official description" or "officially recognised description";

4) the country in which the variety has been bred (if information is available);

5) the given name, address and telephone number of the submitter;

6) the relevant indication if the variety is genetically modified;

7) the date when the variety is included in the list of varieties or the time period for maintaining the variety in the list of varieties is extended;

8) time period for which the variety has been included in the list of varieties;

9) the name, address and telephone number of the person for which the mother plant is available;

10) a description of the variety.

[21 June 2012; 7 November 2019]

Section 12.2 Inclusion of Varieties in the List of Varieties

The State Plant Protection Service shall include the variety in the list of varieties if it conforms to the following requirements:

1) it has one of the following descriptions of the variety:

a) official description of the variety which is established after examination of distinctness, uniformity and stability in accordance with the laws and regulations regarding the examination of distinctness, uniformity and stability of a variety;

b) a description of a variety which meets the requirements laid down in the laws and regulations regarding the formation of the list of varieties if the examination has not been conducted for the variety and it has been for sale until 30 September 2012;

2) mother plant is available in Latvia of which propagating material is obtained;

3) the name of the variety meets the requirements laid down in the laws and regulations regarding the formation of the list of varieties;

4) a permit for the distribution of genetically modified variety on the market has been issued in accordance with the laws and regulations regarding the circulation of genetically modified organisms.

[7 November 2019]

Chapter VI
Marketing of Seed and Release Thereof into the Market

[19 June 2008]

Section 13. Concept of Marketing of Seed

(1) Within the meaning of this Law, the marketing of seed shall mean the sale, storage for further sale, supply or transport (with or without remuneration) of seed, if the seed is intended for commercial use.

(2) Supply of the seed shall not be considered as the marketing of seed, if the variety is not intended for commercial use:

1) for the evaluation of the quality of seed and the value for cultivation and use of a variety, as well as for the provision of services - for the processing and wrapping of seed, if the provider of such services does not obtain property rights to the seed supplied;

2) on the basis of a contract, to the farms that produce raw materials or multiply seed for industrial purposes, if such farms do not obtain rights to the seed supplied or to the harvested products.

[25 April 2002]

Section 13.1 Sale of Seed

(1) The following may be sold:

1) certified seed, if:

a) the variety is included in the Latvian Catalogue of Plant Varieties or in the European Union common catalogues of varieties;

b) the seed is certified in Latvia, in another European Union Member State or in a country which is referred to in the regulations regarding equivalence of seed from the third countries;

c) the seed lot meets the requirements laid down in the regulations regarding growing and marketing of seed;

d) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding growing and marketing of seed;

e) the documents attesting the seed quality meet the requirements laid down in the regulations regarding growing and marketing of seed;

2) seed which is not completely certified, if:

a) the variety is included in the Latvian Catalogue of Plant Varieties or in the European Union common catalogues of varieties;

b) the seed has been acquired in Latvia, in another European Union Member State or in a country which is referred to in the regulations regarding equivalence of seed from the third countries;

c) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding growing and marketing of seed;

d) the documents attesting the seed quality meet the requirements laid down in the regulations regarding growing and marketing of seed;

3) standard seed, if:

a) the variety is included in the Latvian Catalogue of Plant Varieties or in the European Union common catalogues of varieties;

b) the seed is recognised as corresponding to the requirements of standard seed in Latvia or in another European Union Member State or propagated in a country which is referred to in the regulations regarding equivalence of seed from the third countries,

c) the seed lot meets the requirements laid down in the regulations regarding growing and marketing of seed;

d) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding growing and marketing of seed;

e) the documents attesting the seed quality meet the requirements laid down in the regulations regarding growing and marketing of seed;

4) commercial seed, if:

a) the seed is recognised as corresponding to the category of commercial seed in Latvia or in another European Union Member State in accordance with the procedures provided for in the regulations regarding growing and marketing of seed;

b) the seed lot meets the requirements laid down in the regulations regarding growing and marketing of seed;

c) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding growing and marketing of seed;

d) the documents attesting the seed quality meet the requirements laid down in the regulations regarding growing and marketing of seed;

5) the seed of genetic resources conservation variety, if:

a) the variety is included in the Latvian Catalogue of Plant Varieties as conservation variety;

b) the quality of seed meets the requirements laid down in the regulations regarding the recognition of conservation variety and seed circulation;

c) the seed lot meets the requirements laid down in the regulations regarding the recognition of conservation variety and seed circulation;

d) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding the recognition of conservation variety and seed circulation;

e) the documents attesting the seed quality meet the requirements laid down in the regulations regarding the recognition of conservation variety and seed circulation;

f) the quantitative restrictions of seed amount which have been laid down in the laws and regulations regarding the recognition of conservation variety and seed circulation are ensured;

6) seed mixtures, if:

a) the mixture has been prepared in accordance with the requirements laid down in the regulations regarding growing and marketing of seed in Latvia and in another European Union Member State;

b) the components included in the mixture prior to the preparation of the mixture meet the sales conditions of seed referred to in this Section;

c) the seed lot meets the requirements laid down in the regulations regarding growing and marketing of seed;

d) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding growing and marketing of seed;

7) certified seed, standard seed, commercial seed, seed mixtures, as well as seed which is not completely certified, from the European Free Trade Association (EFTA) member states if:

a) the seed is produced in accordance with the requirements and procedures laid down in the European Economic Area agreement or in the mutual agreement of the European Union and the European Free Trade Association (EFTA) member state;

b) the variety is included in the Latvian Catalogue of Plant Varieties, in the European Union common catalogues of varieties or in the common Catalogue of varieties of the European Union and the European Free Trade Association (EFTA) member state established on the basis of the agreement of the European Union and the relevant European Free Trade Association (EFTA) member state;

8) the seed brought in from the third countries in accordance with the requirements of this Law;

9) the seed of vegetable varieties developed for growing under particular conditions, if:

a) the variety is included in the Latvian Catalogue of Plant Varieties or in the European Union common catalogue of vegetable varieties as a vegetable variety developed for growing under particular conditions;

b) the seed quality meets the requirements laid down in the regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions;

c) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions;

d) the documents attesting to the seed quality meet the requirements laid down in the regulations regarding the recognition and seed circulation of a vegetable variety developed for growing under particular conditions;

10) seed mixture for the preservation of the natural environment, if:

a) the State Plant Protection Service has issued a permit for the acquisition and marketing thereof;

b) the seed is packaged and labelled in accordance with the requirements laid down in the regulations regarding the mixtures for the preservation of the natural environment;

c) the seed quality complies with the requirements laid down in the regulations regarding mixtures for the preservation of the natural environment;

d) the quantitative restrictions of seed amount which have been laid down in the laws and regulations regarding mixtures for the preservation of the natural environment are ensured.

(2) Within the meaning of this Law, other restrictions which are associated with variety features, assessment requirements, packing, labelling and sealing may not be determined for the marketing of seed.

(3) The use of genetically modified varieties in food or fodder shall be permitted only if such variety has been approved in conformity with the requirements of European Union legislation regarding requirements for genetically modified food and fodder.

(4) The State Plant Protection Service shall, within three months after the day when a proposal of the National Plant Variety Council has been received regarding the prohibition of growing or restriction of growing of the variety concerned, assess the potential damage and send a submission to the European Commission for a permission to take the decision on the prohibition of growing the relevant variety in the State territory.

[23 September 2004; 19 June 2008; 3 September 2009; 16 December 2010]

Section 13.2 Seed Release into the Market

Seed release into the market shall be the offer of such seed varieties for trials or production tests for which an application has been submitted, but which are not yet included in the Latvian Catalogue of Plant Varieties or in any of the National Catalogues of the European Union Member States.

[19 June 2008]

Section 14. Seed Packaging and Labels

(1) Seed shall be delivered for marketing in packaging that is closed (also repeatedly) so that it may not be opened without visible signs of damage. If a system for single closing is not used a label or seal shall be used in order to close the packaging.

(2) State supervision and control of the closing and labelling (also repeat) of seed packaging shall be performed by the State Plant Protection Service.

(3) Requirements for volume of the weight of seed in small packages, as well as for the closing and labelling shall be laid down in the regulations regarding growing and marketing of seed.

(4) On the packaging, a label may be replaced by a seal that presents the contents and the colour of the label.

(5) If seed is brought in from countries other than the European Union Member States, requirements for the packaging and labels thereof shall be governed by the regulations regarding growing and marketing of seed.

(6) On the packaging of the seed of genetically modified varieties the letters "GMO" shall be printed. Use and distribution of genetically modified organisms shall be governed in accordance with the procedures laid down in laws and regulations.

(7) Upon request of the final user of seed, the seed of certified category of such groups of cultivated plants, in relation to which the sale without packaging has been provided by the regulations regarding growing and marketing of seed, may be sold without packaging. The final user of seed may not use the obtained harvest for the obtaining of seed.

[25 April 2002; 3 September 2009]

Section 15. Treatment of Seed with Bio-preparations, Plant Protection Products and Chemicals

(1) Seed shall be treated with bio-preparations, plant protection products and chemicals, and packaged, transported and sold only in accordance with the Plant Protection Law and other laws and regulations.

(2) [25 April 2002]

[25 April 2002]

Section 16. Exceptions in the Marketing of Seed and Release into the Market

(1) The contact point laid down in Commission Regulation (EC) No 217/2006 of 8 February 2006 laying down rules for the application of Council Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards the authorisation of Member States to permit temporarily the marketing of seed not satisfying the requirements in respect of the minimum germination (hereinafter - Commission Regulation No 217/2006) shall be the State Plant Protection Service.

(2) If temporary difficulties have been encountered in the supply of seed and the relevant seed variety is unavailable in Latvia, the State Plant Protection Service in accordance with Commission Regulation No 217/2006 shall issue a temporary permit to market seeds, which do not conform to the requirements of minimum germination power. The Cabinet shall determine the procedures for the issuance of permits.

(3) The procedures for the issuance of a permit for the release into to the market of such variety seeds for which an application has been submitted, but which have not been included yet in the Latvian Catalogue of Plant Varieties or the National Catalogues of the European Union Member States, shall be determined by the Cabinet. The State Plant Protection Service shall, within two months after receipt of the application, issue a permit for the release into the market of such variety seeds for which an application has been submitted, but which have not been included yet in the Latvian Catalogue of Plant Varieties or the National Catalogues of the European Union Member States.

(4) If temporary difficulties have occurred in the seed supply and if the seed of the relevant variety is missing in other Member States of the European Union, the Ministry of Agriculture may, in accordance with the procedures laid down in the legal acts of the European Union, address the issue regarding the marketing of seed of the relevant variety in Latvia for a specific period of time with reduced quality requirements or the marketing of seed of such variety which are not included the European Union common catalogues of varieties or in the Latvian Catalogue of Plant Varieties. In such cases, the additional requirement for other type of label on the packaging of seed shall be complied with in accordance with the laws and regulations regarding growing and marketing of seed.

[19 December 2006; 19 June 2008; 16 December 2010]

Section 16.1 Distribution of Seed of Vegetable Variety Collection

(1) A variety of the vegetable variety collection is an ecologically plastic genotype (a population) which can be spatially and temporally variable, but which possesses features characteristic to it initially that might change slightly in simplified conditions for obtaining seeds. The variety of the vegetable variety collection does not have an officially awarded name.

(2) A collector is a person who grows and distributes the seed of his or her vegetable variety collection to the final user of seed, has registered with the Vegetable Variety Collectors Register of the State Information System for Monitoring of Agricultural Plants of the State Plant Protection Service and has acquired the seed of the vegetable variety collection that has been in Latvia for at least one year.

(3) A collector shall distribute the seed only in Latvia and shall ensure the conformity of the seed with the information indicated on the package.

(4) The Cabinet shall determine the requirements and procedures for the distribution of seed of the vegetable variety collection.

[25 April 2013]

Section 17. Import of Seed from Countries which are not Member States of the European Union

(1) An importer of seed shall be responsible for the quality of imported seed and their conformity to Latvian regulations regarding growing and the marketing of seed.

(2) It is allowed to import:

1) certified seed, if:

a) it is produced in a country which is referred to in regulations regarding the equivalence of seed from the third countries;

b) the variety is included in the European Union common catalogues of varieties or in the Latvian Catalogue of Plant Varieties;

c) the quality thereof is certified by the seed certificate of the Organisation for Economic Co-operation and Development (OECD) and a document certifying the seed quality from the International Seed Testing Association (ISTA) or, if it is intended to import the seed from the USA or Canada, from the Association of Official Seed Analysts (AOSA);

d) the seed is packaged and labelled in accordance with the requirements laid down in this Law and the laws and regulations regarding growing and marketing of seed;

2) seed which is not completely certified, if:

a) it is produced in a country which is referred to in regulations regarding the equivalence of seed from the third countries;

b) the variety is included in the European Union common catalogues of varieties or in the Latvian Catalogue of Plant Varieties;

c) the quality thereof is attested by the seed certificate of the Organisation for Economic Co-operation and Development (OECD) and a relevant document if there is a relevant indication in the laws and regulations regarding growing and marketing of seed;

d) the seed is packaged and labelled in accordance with the requirements laid down in this Law and the laws and regulations regarding growing and marketing of seed;

e) a seed propagation contract is registered in the State Plant Protection Service for the species laid down in the laws and regulations regarding growing and marketing of seed;

3) standard seed of vegetable species propagated in a country which is referred to in the regulations regarding the equivalence of seed from the third countries, if:

a) the varieties are included in the European Union common catalogue of vegetable varieties or in the Latvian Catalogue of Plant Varieties;

b) the seed is packaged and labelled in accordance with the requirements laid down in this Law and the laws and regulations regarding growing and marketing of seed;

4) the seed for trials, assessments, and for scientific purposes in accordance with the contract entered into;

5) the seed for which the laws and regulations regarding growing and marketing of seed provide exceptions in the marketing of seed specific plant species;

6) the seed for propagation if it is intended for export, which is certified by a relevant contract, to a country which is not a European Union Member State if:

a) it is produced in the Seed Schemes member state of the Organisation for Economic Co-operation and Development (OECD) and Latvia is taking part in the referred to Seed Schemes;

b) the quality thereof is attested by the seed certificate of the Organisation for Economic Co-operation and Development (OECD);

c) the variety is included in variety list of the Seed Schemes of the Organisation for Economic Co-operation and Development (OECD) and Latvia is taking part in the referred-to Seed Schemes;

7) the preparation, sorting, repackaging or other type of treatment of seed if they are provided for export, which is certified by a relevant contract, to a country which is not a European Union Member State;

8) the seed of such plant species which are not referred to in the laws and regulations regarding growing and marketing of seed;

9) the seed for personal use in small amount which is not taxable with customs duty in accordance with the laws and regulations regarding customs;

10) the seed from the European Free Trade Association (EFTA) member states in accordance with the requirements and procedures laid down in the European Economic Area agreement or in the mutual agreement of the European Union and the European Free Trade Association (EFTA) member state.

(3) [19 June 2008]

(4) If the State Plant Protection Service determines that the use of imported seed may cause harm to the surrounding environment or lead to the spread of dangerous plant diseases or pests, further activities shall be taken according to the procedures provided for in laws and regulations regarding plant protection.

(5) The importation of seed shall be controlled by an institution determined by the Cabinet.

(6) A payment shall be collected for the control of seed import in accordance with the procedures and in amount stipulated by the Cabinet.

[23 September 2004; 19 June 2008; 3 September 2009]

Chapter VII
Control of Compliance with this Law and State Fee

[7 November 2019]

Section 18. Control of Compliance with this Law

(1) The State Plant Protection Service shall control compliance with this Law.

(2) Officials of the State Plant Protection Service are entitled, when controlling compliance with this Law, to visit undertakings and trading sites during working hours and:

1) examine documents and records that are related to the compliance with this Law;

2) take control samples free of charge to determine the quality and health of the seed.

(3) The State Plant Protection Service is entitled to:

1) suspend or prohibit the marketing of particular seed lots if violations of this Law or the regulations regarding growing and marketing of seed have been established;

2) indicate the deadlines for the rectification of the established deficiencies;

3) permit suspended operations to be continued if the previously established deficiencies have been rectified;

4) in the case of repeated violations of this Law or other laws and regulations in the field of seed circulation, to cancel the registration with the Register of Seed Growers and Seed Traders.

[19 June 2008; 16 December 2010]

Section 19. Procedures for the Provision of Information

Natural persons and legal persons who are engaged in seed growing, seed processing, packaging and marketing shall, upon request of the Ministry of Agriculture or the State Plant Protection Service, provide the necessary information and ensure the possibility to conduct examinations.

Section 20. Liability for Violation of this Law

[1 July 2019]

Section 21. State Fee

A State fee according to the procedures and in the amount stipulated by the Cabinet shall be paid by:

1) the seed grower, seed processor, packer, trader - for the registration of a person and the making of changes in the Register of Seed Growers and Seed Traders;

2) the breeder, holder of the breeder's right, maintainer of the variety or the authorised representatives thereof and also the person who is growing propagating material - for the inclusion of a variety, for the maintenance of a variety and the extension of the maintenance time period in the Latvian Catalogue of Plant Varieties or in the list of varieties;

3) [3 September 2009];

4) the breeder, the holder of the breeder's right, the authorised representative of the holder of the breeder's right - for the issuance of the permit and extension of its term to release into the market such seed varieties for which an application has been submitted, but which are not yet included in the Latvian Catalogue of Plant Varieties or in any of the National Catalogues of the European Union Member States;

5) the seed grower, seed processor or packer - for the issuance of the permit to temporary market seeds not conforming to the minimum requirements for germination power;

6) the collector - for the registration of a person and for making changes in the Vegetable Variety Collectors Register of the State Information System for Monitoring of Agricultural Plants.

[19 December 2006; 19 June 2008; 3 September 2009; 16 December 2010; 25 April 2013; 7 November 2019]

Chapter VIII
Administrative Offences in the Field of Marketing of Seed and Competence in Administrative Offence Proceedings

[7 November 2019 / Chapter shall come into force on 1 July 2020. See Paragraph 18 of the Transitional Provisions]

Section 22. Administrative Offences in the Field of Marketing of Seed

For the violation of the requirements for the marketing of seed, a warning or a fine from seven to forty-two units of fine shall be imposed on a natural person, but a fine from fourteen to seventy units of fine - on a legal person.

[7 November 2019 / This Section shall come into force on 1 July 2020. See Paragraph 18 of the Transitional Provisions]

Section 23. Competence in Administrative Offence Proceedings

The administrative offence proceedings for the offences referred to in Section 22 of this Law shall be conducted by the State Plant Protection Service.

[7 November 2019 / This Section shall come into force on 1 July 2020. See Paragraph 18 of the Transitional Provisions]

Transitional Provisions

[23 September 2004]

1. The Cabinet shall, by 1 January 2008, make the necessary amendments to the relevant regulations regarding the growing and marketing of seed.

[17 November 2005]

2. In accordance with the Treaty of Accession to the European Union, the State Plant Protection Service shall perform the certification of those variety seeds which do not conform to the requirements laid down in European Union directives by 30 April 2009 and the marketing of such seed shall be permitted only in the territory of Latvia.

3. The deadline for the submission of the official variety descriptions referred to in Section 6, Paragraph seven of this Law in 2004 shall be 1 June.

4. Seeds, which are imported until 30 April 2004 and which do not conform to the requirements referred to in Section 13.1, Paragraph one of this Law, may be marketed in the territory of Latvia until the end of stocks, performing repeated germination power assessments, or until the end of the term of validity indicated on the seed quality certification document.

5. Section 2, Clause 4, Sub-clause "n" of this Law shall come into force on 1 January 2008.

[17 November 2005]

6. The Cabinet shall issue the regulations referred to in Section 11.1, Paragraph one, Clause 3 and Section 16, Paragraph two of this Law by 1 December 2007.

[19 December 2006; 19 June 2008]

7. The Cabinet shall issue the regulations referred to in Section 16, Paragraph three of this Law by 1 January 2009.

[19 June 2008]

8. Until the day of coming into force of new Cabinet Regulation, but not longer than until 1 December 2009, the Cabinet Regulation No. 1006 of 9 December 2008, Regulations Regarding State Fee in the Field of Seed Circulation, shall be applied, insofar as it is not in contradiction with this Law.

[3 September 2009]

9. The Cabinet shall issue the regulation referred to in Section 2, Sub-clauses "f" and "g" of this Law by 1 July 2010.

[3 September 2009]

10. Amendments to Section 2, Clause 3, Section 8, Paragraph one and to introductory part of Section 10 shall come into force on 1 July 2010.

[3 September 2009]

11. The Cabinet shall issue the regulations referred to in Section 2, Clause 1, Sub-clause "h" of this Law by 31 December 2010.

[16 December 2010]

12. The Cabinet shall issue the regulations referred to in Section 2, Clause 1, Sub-clause "i" of this Law by 30 November 2011.

[16 December 2010]

13. The Cabinet shall issue the regulations referred to in Section 12.1, Paragraph three of this Law by 31 December 2016.

[16 December 2010; 21 June 2012; 20 March 2014]

14. Amendments to Section 21, Clause 2 of this Law in respect of supplementing the Clause with words "or in the list of varieties" shall come into force on 1 June 2011.

[16 December 2010]

15. Amendments to Section 2, Clause 4, Sub-clause "b" of this Law in respect of substitution of the word "assessment" with words "the maintenance of a database for the assessment of" shall come into force on 1 August 2012.

[21 June 2012]

16. The State Plant Protection Service shall ensure the assessment of the value for cultivation and use of the plant varieties, the yield of which is harvested in 2012 in accordance with those methodologies with which the assessment of varieties has been commenced.

[21 June 2012]

17. The State Plant Protection Service shall, by 31 August 2020, update the information which has been included in the Register of Seed Growers and Seed Traders on persons in conformity with the provisions laid down in Section 4 of this Law until 30 November 2019.

[7 November 2019]

18. Chapter VIII of this Law shall come into force concurrently with the Law on Administrative Liability.

[7 November 2019]

Informative Reference to European Union Directives

[23 September 2004; 17 November 2005; 3 September 2009; 16 December 2010]

This Law contains legal norms arising from:

1) Council Directive of 14 June 1966 on the marketing of fodder plant seed (66/401/EEC);

2) Council Directive of 14 June 1966 on the marketing of cereal seed (66/402/EEC);

3) Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species;

4) Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed;

5) Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed;

6) Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes;

7) Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants;

8) Council Directive 2003/61/EC of 18 June 2003 amending Directives 66/401/EEC on the marketing of fodder plant seed, 66/402/EEC on the marketing of cereal seed, 68/193/EEC on the marketing of material for the vegetative propagation of the vine, 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed, 92/34/EEC on the marketing of propagating and planting material of fruit plants, 98/56/EC on the marketing of propagating material of ornamental plants, 2002/54/EC on the marketing of beet seed, 2002/55/EC on the marketing of vegetable seed, 2002/56/EC on the marketing of seed potatoes and 2002/57/EC on the marketing of seed of oil and fibre plants as regards Community comparative tests and trials;

9) Council Directive 2004/117/EC of 22 December 2004 amending Directives 66/401/EEC, 66/402/EEC, 2002/54/EC, 2002/55/EC and 2002/57/EC as regards examinations carried out under official supervision and equivalence of seed produced in third countries;

10) Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties;

11) Commission Directive 2008/124/EC of 18 December 2008 limiting the marketing of seed of certain species of fodder plants and oil and fibre plants to seed which has been officially certified as 'basic seed' or 'certified seed';

12) Commission Directive 2009/145/EC of 26 November 2009 providing for certain derogations, for acceptance of vegetable landraces and varieties which have been traditionally grown in particular localities and regions and are threatened by genetic erosion and of vegetable varieties with no intrinsic value for commercial crop production but developed for growing under particular conditions and for marketing of seed of those landraces and varieties (Text with EEA relevance);

13) Commission Directive 2010/60/EU of 30 August 2010 providing for certain derogations for marketing of fodder plant seed mixtures intended for use in the preservation of the natural environment (Text with EEA relevance).

This Law comes into force on 1 January 2000.

This Law has been adopted by the Saeima on 7 October 1999.

Acting for the President,
Chairperson of the Saeima J. Straume

Rīga, 27 October 1999


1 The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Sēklu un šķirņu aprites likums Status:
In force
in force
Issuer: Saeima Type: law Adoption: 07.10.1999.Entry into force: 01.01.2000.Theme: Consumer rights; Agriculture, forestry, fishery; Administratīvās atbildības ceļvedisPublication: Latvijas Vēstnesis, 353/354, 27.10.1999.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 22, 17.11.1999.
Language:
LVEN
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