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Įstatymas skelbtas: ˇin OFFICIAL TRANSLATION REPUBLIC OF LITHUANIA LAW ON SEED CULTIVATION 15 November 2001 No IX-602 (As last amended on 12 October 2004 – No IX-2473) Vilnius SECTION ONE GENERAL PROV

ISIONS Article

  1. Purpose of the Law
  2. This Law shall regulate the placement on the market and certification of agricultural, fruit, vegetable as well as ornamental plant propagating material and import of plant propagating material from third countries.
  3. This Law shall implement the legal acts of the European Union listed in the Annex to this Law. Article
  4. Definitions
  5. “List of plant varieties” (national list of plant varieties) shall mean a list of cereal, potato, beet, oil and fibre plant, fodder plant, vegetable and fruit plant varieties.
  6. “Cultivation contract” shall mean a written agreement concluded between the supplier of propagating material and the producer entitling to propagate, in a specified territory and under agreed conditions, the propagating material of a specific variety.
  7. “Common catalogue of varieties of vegetable species” shall mean a list of varieties of vegetable species of the European Community containing the varieties of vegetable species entered in national lists of plant varieties or in lists of vegetable varieties of the EU Member States.
  8. “Propagating material” shall mean seed, an entire plant or a vegetative part of a plant (grafts, stocks, shoots, parts of rootstocks, tubers, in vitro, etc.) intended for the propagation of plants of a certain variety.
  9. “Categories of propagating material” shall mean the quality groups of propagating material of plant species established according to propagation generations – reproductions – of propagating material.
  10. “Certificate of propagating material” shall mean a document issued by the State Seed and Grain Service under the Ministry of Agriculture and attesting the botanical species of agricultural, fruit and vegetable plants, variety and category of propagating material and meeting of the requirements set forth in legal acts.
  11. “Certification of propagating material” shall mean a procedure laid down by legal acts whereby the State Seed and Grain Service under the Ministry of Agriculture approves the botanical species of agricultural, fruit and vegetable plants, a variety and category of propagating material and meeting of the requirements set forth in legal acts.
  12. “Lot of propagating material” shall mean an amount of propagating material of a single variety and category.
  13. “Supplier of propagating material” shall mean a person supplying propagating material to the market who: 1) is certificated in accordance with the procedure laid down by the Ministry of Agriculture, entered in a list of certificated suppliers of propagating material who propagates the propagating material himself or under a cultivation contract or 2) is entered in a list of certificated suppliers of propagating material in accordance with the procedure laid down by the State Seed and Grain Service under the Ministry of Agriculture.
  14. “Certification of suppliers of propagating material” shall mean a procedure whereby the State Seed and Grain Service under the Ministry of Agriculture assesses whether the suppliers of propagating material meet the requirements set forth by legal acts and enters them in a list of certificated suppliers of propagating material.
  15. “Supply of propagating material to the market” shall mean the sale of propagating material, storage thereof with a view to selling it, offering to sell it or to otherwise transfer to third persons. The following actions shall not be regarded as the supply of propagating material to the market: 1) the supply to inspection institutions for official testing; 2) the supply to providers of services for processing or packaging, provided that the provider of services does not acquire title to propagating material; 3) the supply to providers of services for the production of certain agricultural raw materials, intended for industrial purposes, or for the production of propagating material for further propagation. In this case, it must be ensured that the provider of services does not acquire title to either the propagating material thus supplied or the product of the harvest. The supplier of propagating material must provide the State Seed and Grain Service under the Ministry of Agriculture with copies of a contract made with the provider of services or of certain parts of the contract certified in accordance with the procedure laid down by legal acts. The contract must indicate the requirements met by the propagating material supplied.
  16. “Breeder” shall mean: 1) one or several natural persons who have bred or discovered and developed a new plant variety; 2) a legal person for the benefit whereof one or several employees have bred or discovered and developed, under an employment contract or when fulfilling an assigned task, a new plant variety; 3) a successor who has acquired property rights to a variety from the persons indicated in subparagraphs 1 or 2 of this paragraph.
  17. “Maintainer of a variety” shall mean a person who is responsible for the maintenance of the characteristics of a plant variety.
  18. “Common catalogue of varieties of agricultural plant species” shall mean a list of cereal, potato, beet, oil and fibre as well as fodder plant varieties of the European Community including the varieties of the abovementioned plant species entered in the national lists of plant varieties of the EU Member States. SECTION TWO LIST OF PLANT VARIETIES Article
  19. Entry of a Plant Variety in the List of Plant Varieties
  20. The List of Plant Varieties shall be compiled and managed by the Lithuanian State Plant Varieties Testing Centre in accordance with the procedure laid down by the Ministry of Agriculture.
  21. A breeder or his authorised representative who is willing to enter a variety which he has bred or discovered and developed in the List of Plant Varieties shall provide the Lithuanian State Plant Varieties Testing Centre with an application, description of the variety and other documents specified by this institution.
  22. A plant variety shall be entered in the List of Plant Varieties where: 1) after testing, it is established that it is distinct, uniform and stable; 2) it has been given a name; 3) after testing the value for cropping of varieties of the plant genera and species specified by the Ministry of Agriculture, it has been established that the variety is of value for cropping; 4) the State Plant Varieties Evaluation Commission proposes to enter the variety in the List of Plant Varieties.
  23. The List of Plant Varieties must indicate the names of the varieties of plant species entered in this List, breeders thereof or variety maintainers as well as other data specified by the Lithuanian State Plant Varieties Testing Centre.
  24. The plant varieties grown in Lithuania for a number of years and naturally adapted to the local conditions may be, with a view to protecting and sparing genetic resources and on the recommendation of the National Plant Genetic Resources Commission, entered in the List of Plant Varieties as the protected varieties which are conserved in situ. In this case, requirements of paragraph 3 of this Article shall not apply.
  25. On the basis of a decision taken by the European Commission, the Ministry of Agriculture shall set forth requirements for the varieties of agricultural and vegetable plant species which do not meet the requirements of subparagraph 1 of paragraph 3 of this Article. Article
  26. State Plant Varieties Evaluation Commission The State Plant Varieties Evaluation Commission shall be formed to consider and evaluate the results of tests of plant varieties, to submit the proposals regarding the entry of new plant varieties in or removal thereof from the List of Plant Varieties. Its composition and regulations shall be approved by the Ministry of Agriculture. SECTION THREE CERTIFICATION OF PROPAGATING MATERIAL Article
  27. Certification of Propagating Material
  28. Propagating material shall be certified in accordance with the mandatory requirements for propagating material set forth by the Ministry of Agriculture.
  29. Propagating material shall be certified by the State Seed and Grain Service under the Ministry of Agriculture (hereinafter referred to as the “State Seed and Grain Service”).
  30. Where a variety of plant species is removed from the List of Plant Varieties (this provision shall apply only to the varieties also entered in the common catalogue of varieties of agricultural plant species or the common catalogue of varieties of vegetable species), the common catalogue of varieties of agricultural plant species or the common catalogue of varieties of vegetable species, its propagating material shall be certified and supplied to the Lithuanian market by 30 June of the third year following the removal of the plant variety from the abovementioned list and catalogues. Article
  31. Checks of Propagating Material During Growing Trials
  32. The State Seed and Grain Service shall carry out growing trials of propagating material.
  33. In the accordance with the procedure laid down by the State Seed and Grain Service, a variety’s identity and varietal purity shall be checked during growing trials.
  34. Where growing trials show that a plant variety does not have sufficient identity, the State Seed and Grain Service shall discontinue the multiplication of propagating material from this lot. SECTION FOUR SUPPLY OF PROPAGATING MATERIAL TO THE MARKET Article
  35. Certification and Approval of Suppliers of Propagating Material
  36. The State Seed and Grain Service shall certificate the persons who propagate propagating material themselves or under cultivation contracts and supply it to the market in accordance with the procedure laid down by the Ministry of Agriculture and shall enter them in a list of certificated suppliers of propagating material.
  37. The State Seed and Grain Service shall, in accordance with the procedure laid down by it, enter in the list of approved suppliers of propagating material the persons propagating and supplying to the market ornamental plant propagating material and the persons only supplying to the market agricultural, fruit and vegetable plant propagating material. Article
  38. Packaging and Labelling of Propagating Material
  39. Propagating material shall be packed and labelled in accordance with the requirements set forth by legal acts.
  40. The persons supplying propagating material to the market shall be responsible for compliance of the quality indicators of a lot of this material with those indicated on the labels of the lot packages and in documents.
  41. Packages of propagating material of genetically modified plant varieties must be labelled “GMO” (genetically modified organism).
  42. Where propagating material has been treated either chemically or otherwise, packages of a lot must bear a relevant label. Article
  43. Supply of Propagating Material to the Market
  44. Only suppliers of propagating material may supply propagating material to the market.
  45. The propagating material supplied to the market must meet the mandatory requirements set forth for propagating material.
  46. Suppliers of propagating material shall be responsible for the quality of the propagating material supplied to the market.
  47. The State Seed and Grain Service shall control whether the propagating material supplied to the market meets the requirements set forth by legal acts. SECTION FIVE IMPORT OF PROPAGATING MATERIAL FROM NON-EU MEMBER STATES Article
  48. Requirements for Import from non-EU Member States
  49. The propagating material produced in non-EU Member States may be imported to the Republic of Lithuania, provided it meets the requirements and conditions set forth in the legal acts of the European Union for the propagating material equivalent to that produced in the Community.
  50. The propagating material produced in non-EU Member States and not considered as equivalent to the propagating material produced in the Community may be imported to the Republic of Lithuania only subject to an individual authorisation of the Ministry of Agriculture or an institution authorised by it. The procedure for issuing an individual authorisation shall be laid down by the Ministry of Agriculture.
  51. Imported propagating material must be packed and labelled, a quality document issued by the official body of a third country responsible for the certification of propagating material must be presented too. SECTION SIX FINAL PROVISIONS Article
  52. Liability for Violations of the Law The persons in breach of the provisions of this Law shall be held liable under law. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS Annex to the Republic of Lithuania Law on Seed Cultivation EU LEGAL ACTS IMPLEMENTED BY THE LAW ON SEED CULTIVATION
  53. Council Directive 66/401/EEC of 14 June 1966 on the marketing of fodder plant seed, as last amended by Council Directive 2003/61/EC of 18 June
  55. Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed, as last amended by Council Directive 2003/61/EC of 18 June
  57. Commission Directive 74/268/EEC of 2 May 1974 laying down special conditions concerning the presence of 'Avena fatua' in fodder plant and cereal seed.
  58. Council Directive 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed.
  59. Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production, as last amended by Council Directive 2003/111/EC of 18 June 2003 (Text with EEA relevance).
  60. Commission Directive 93/62/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/33/EEC on the marketing of vegetable propagating and planting material, other than seed.
  61. Commission Directive 93/64/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/34/EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production.
  62. Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants, as last amended by Council Directive 2003/61/EC of 18 June
  64. Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species.
  65. Council Directive 2002/54/EC of 13 June 2002 on the marketing of beet seed, as last amended by Council Directive 2003/61/EC of 18 June
  67. Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed, as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September
  68. 1829/2003).
  69. Council Directive 2002/56/EC of 13 June 2002 on the marketing of seed potatoes, as last amended by Council Directive 2003/61/EC of 18 June
  71. Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants, as last amended by Council Directive 2003/61/EC of 18 June
  73. Council Decision 2003/17/EC of 16 December 2002 on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Decision 2003/403/EC of 26 May 2003 (Text with EEA relevance).
  74. Commission Decision 2004/297/EC of 29 March 2004 authorising the Czech Republic, Estonia, Lithuania, Hungary, Poland and Slovakia to postpone the application of certain provisions of Council Directives 2002/53/EC and 2002/55/EC with regard to the marketing of seeds of certain varieties (Text with EEA relevance).

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