CERTIFIED SEED MATERIAL
1. Do I have to request an invoice when purchasing certified seed? It is just another redundant document!
The invoice for certified seed is a proof of purchase of legal, certified seed. It also entitles you to apply for de minimis subsidies and it is the basis for submitting a complaint in the event of problems with the quality of the seed or the cultivation.
2. I am not satisfied with the quality of certified seed. How to submit a complaint?
If, after opening the bag, you find the material to be defective, do not open any further bags, but submit a complaint against the seller in writing for the entire batch you purchased. You may include a sample of seed.
When buying certified seed, you should check with the seller about the complaint rules (notification deadline, necessary documents, etc.) so that in case of problems, your application will not be rejected.
In case of problems with the complaint, you may seek advice from the Main Inspectorate of Plant Health And Seed Inspection (PIORiN) or from the breeder who is the holder of PVR to the variety.
3. What data should the invoice for certified seed contain?
The invoice should contain the data as follows: details of the seller and the buyer; date of sale of the seed material and invoice number; unit seed price; total value of purchased material; name of the species and variety (and if a mixture of varieties was purchased – the names of components); the category or degree of certification of the seed; the batch number.
4. What else should I consider when purchasing certified seed?
It is worth to check if all bags are originally closed and marked with official labels, and make sure that the invoice data and the details of label on the bag are identical. If the data is different or there are no labels at all, the seed may be illegal.
FSS PRIVILLEGE
1. After sowing, I was left with some of the farm-saved seed from my own harvest of a protected variety, which I did not use. Can I sell this material or give it to my neighbour?
No, selling or otherwise disposing of non-qualified seed, particularly without a licence from the breeder, infringes the exclusive right.
2. My winter crops frozen, so I have to plough them and plant something else to reduce losses. At this time of year it is difficult to buy certified seed. Can I buy harvested seed of a protected variety from a neighbour?
As a rule, it’s illegal and infringes of the exclusive right.
In a difficult random situation, you may, however, request the breeder who is the holder of PVR to this variety, in writing, to consent to the purchase and sowing of non-certified material. The important thing is to do it before sowing, not after.
3. I want to sow some seed from my own harvest, but I don’t know the name of the variety…
Such seed should not be sown. Without knowing the name of the variety, you are not able to establish whether it is a PVR protected variety and, if so, by which breeder and what amount of the FSS fee you would have to pay.
If you want to use this material for sowing, you should contact the laboratory that performs professional tests to determine the variety name.
4. Last year I bought certified seed abroad, now I want to sow harvested material. Do I have to pay the FSS fee to the breeder if it is a foreign variety?
The obligation to pay the FSS fee does not depend on the country where you bought the certified seed of the variety you want to sow from the harvest, but on the level of PVR protection of this variety.
If a variety is protected by the exclusive right at the Community level, the obligation to pay the FSS fee applies to farmers in all Member States of the European Union, regardless of the country of origin of the variety, the breeder’s seat, etc.
If a variety is protected by the exclusive right at the national level, the FSS fee is applicable only in the country where the variety is under protection.
5. I am sowing a PVR protected variety from the harvest for the third year now. How long will I have to pay the FSS fee? After all, this material is no longer as good as it was at the beginning…
The FSS fee applies as long as the variety is under protection, irrespective of which year you reproduce it from harvest.
As the variety grows out in subsequent years, which has a negative impact on the size and quality of crops, we recommend frequent replacement of seed material.
6. I only sow the old varieties that I took over from my father with his farm. Since the variety is old, it is definitely not protected anymore and I do not have to pay the FSS fee.
Not really; the variety may be protected with PVR up to 30 years. You should also remember that the variety grows out in the following years, which has a negative impact on the size and quality of crops, and therefore it is worth replacing the seed material more often.
ILLEGAL TRADE, INFRINGEMENT OF THE EXCLUSIVE RIGHT
1. Why can’t I sell my harvested seed to another farmer? After all, I bought seed material legally at the licenced seller! The seed from the harvest is mine, I can do with it whatever I want to!
Not exactly. Material from the harvest of a PVR protected variety can only be sold by a farmer for non-sowing purposes, i.e. for fodder or consumption.To be able to offer and sell seed for sowing, you should have a written consent from the breeder, in the form of a licence agreement.
The purchase invoice of certified material does not authorize you to sell seed from your own harvest for sowing.
2. I posted an advert on the Internet about the sale of seed for sowing, harvested after certified material. I did not enter the name of the variety, so my ad is not illegal…
Unfortunately, it still is. The subject of the offer is non-certified material of a PVR protected variety, and the name can be determined in a laboratory. Without a licence from the breeder, such an offer is illegal.
3. I know that I cannot use the phrase “for sowing” in my advert; but if I write, for example, that the variety yields well or it is drought-resistant, it will be OK, isn’t it?
No. Any agrotechnical information, variety characteristics, etc. suggest that the subject of the advert is seed suitable for sowing, and that infringes the exclusive right.
4. Every year on a part of my agricultural land I sow certified seed material, on the other land I sow harvested seed that I get from my colleague…
The so-called neighbourhood exchange is illegal. You should use for sowing only the purchased certified material or material harvested from your own agricultural land. You are also not allowed to give or sell material from the harvest to third parties for sowing purposes.
5. I bought lupine for greening. I got an invoice, but there is no variety name on it…
Probably the subject of the transaction was non-sowing material. Such seed should not be used for sowing, regardless of the purpose of sowing (main sowing, catch crops, undersowns crops, greening, etc.). If it is material of the PVR protected variety, such sowing will infringe the exclusive right.
6. I have a certificate of organic farming – so I can sell produced seeds for sowing as organic seed material.
Not true. The organic production certificate does not mean that the farmer is authorized to offer and sell seeds and seed potatoes from his own harvest for sowing purposes.
If he wants to do it, he should complete the same formalities as a conventional farmer (license from the breeder who holds the PVR to the variety, registration in PIORiN).