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)