IP/N/1/EU/P/7  
 
12 April 2013  
(13-1944)  Page: 1/10  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION 
This document reproduces the text1 of Commission Regulation (EC) No 1768/95 of 24 July 1995 
implementing rules on the agricultural exempt ion provided for in Article 14 (3) of Council 
Regulation (EC) No 2100/94 on Community plant vari ety rights, as notified by the European Union 
on 20 March 2013 under Article 63.2 of the Agreement (see document IP/N/1/EU/1). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE  
Le présent document contient le texte1 du Règlement (CE) n° 1768/95 de la Commission du 
24 juillet 1995 établissant les modalités d'application de la dérogation prévue à l'article 14 
paragraphe 3 du Règlement (CE) n° 2100/94 du Conseil instituant un régime de protection 
communautaire des obtentions végétales, notifié par l'Union européenne le 20 mars 2013 au titre 
de l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
UNIÓN EUROPEA  
En el presente documento se reproduce el texto1 del Reglamento (CE) N° 1768/95 de la Comisión, 
de 24 de julio de 1995, por el que se adoptan normas de desarrollo de la exención agrícola contemplada en el apartado 3 del artículo 14 del Reglamento (CE) N° 2100/94 del Consejo relativo 
a la protección comunitaria de las variedades vegetales, notificado por la Unión Europea el 20 de 
marzo de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/EU/1).  
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/P/7 
 
- 2 - 
 
  PP 3-10 - Offset (Pdf file attached) 
PP 3 à 10 - Offset (fichier Pdf joint) PP 3-10 - Offset (fichero Pdf adjunto) No L 173/14 Official Journal of the European Communities 25. 7. 95 
COMMISSION REGULATION (EC) No 1768/95 
of 24 July 1995 
implementing rules on the agricultural exemption provided for in Article 14 (3) 
of Council Regulation (EC) No 2100/94 on Community plant variety rights 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to Council Regulation (EC) No 2100/94 of 
27 July 1994 on Community plant variety rights (the 
basic Regulation) (1), and in particular Article 14 (3) 
thereof, 
Whereas Article 14 of the basic Regulation provides for a 
derogation from Community plant variety right for the 
purposes of safeguarding agricultural production (agricul­
tural exemption); 
Whereas the conditions to give effect to this derogation 
and to safeguard the legitimate interests of the breeder 
and of the farmer shall be established in implementing 
rules, on the basis of criteria laid down in Article 14 (3) of 
the basic Regulation; 
Whereas this Regulation establishes those conditions in 
specifying, in particular, the obligations of farmers, 
processors and holders resulting from the aforesaid 
criteria; 
Whereas these obligations relate essentially to the 
payment, by farmers, of an equitable remuneration to the 
holder for the use made of the derogation, to the supply 
of information, to the safeguarding of the identity of the 
product of the harvest entered for processing with that 
resulting from processing as well as to the monitoring of 
compliance with the provisions on the derogation; 
Whereas, also, the definition of 'small farmers' who shall 
not be required to pay a remuneration to the holder for 
the use made of the derogation, is completed in particular 
in respect of farmers growing certain fodder plants and 
potatoes; 
Whereas the Commission will thoroughly monitor, 
throughout the Community, the effects which the defini­
tion of 'small farmers' as laid down in the basic Regu­
lation and, in particular concerning the implications of 
set aside and -in the case of potatoes -the maximum 
size of the area, in this Regulation may produce with 
regard to the role of the remuneration as specified in 
Article 5 (3) of this Regulation, and where necessary, 
make the appropriate proposals or take the appropriate 
steps with a view to establishing Community-wide 
coherence in respect of the ratio between the use of 
(1) OJ No L 227, 1. 9. 1994, p. 1. licensed propagating material and that of the product of 
the harvest under the derogation provided for in Article 
14 of the basic Regulation; 
Whereas, however, it has not yet been possible to assess 
the extent to which use has been made of comparable 
derogations under the current legislations of Member 
States, in relation with the amounts currently charged for 
the licensed production of propagating material of varie­
ties protected under the aforesaid legislations of Member 
States; 
Whereas, therefore, the Commission can at present not 
properly define, within the scope of the discretion left to 
the Community legislator under Article 14 (3) of the basic 
Regulation, the level of the equitable remuneration which 
must be sensibly lower than the amount charged for the 
licensed production of propagating material ; 
Whereas, however, the initial level as well as the system 
for subsequent adaptations should be specified as soon as 
possible and not later than 1 July 1997; 
Whereas, moreover, this Regulation aims at specifying the 
connection between the Community plant variety right 
and the rights which derive from the provisions of Article 
14 of the basic Regulation, on one hand, and that 
between the authorization granted to the farmer and his 
holding, on the other hand; 
Whereas, finally, the consequences of not fulfilling obli­
gations which derive from the provisions concerned 
should be clarified; 
Whereas the Administrative Council has been consulted; 
Whereas the provisions provided for in this Regulation 
are in accordance with the opinion of the Standing 
Committee on Plant Variety Rights, 
HAS ADOPTED THIS REGULATION: 
CHAPTER 1 
GENERAL PROVISIONS 
Article 1 
Scope 
1. This Regulation establishes the implementing rules 
on the conditions to give effect to the derogation 
provided for in Article 14 (1) of the basic Regulation. 
IP/N/1/EU/P/7 
        - 3 -25. 7. 95 Official Journal of the European Communities No L 173/15 
2. The conditions shall apply to the rights and their 
exercise, and to the obligations and their fulfilment, of 
the holder within the meaning of Article 13 (1) of the 
basic Regulation, as well as to the authorization and its 
use, and to the obligations and their fulfilment, of the 
farmer, to the extent that such rights, authorization and 
obligations derive from the provisions of Article 14 of the 
basic Regulation. They shall also apply in respect of 
rights, authorization and obligations which derive from 
the provisions of Article 14 (3) of the basic Regulation for 
others. 
3. Unless otherwise specified in this Regulation, the 
details relating to the exercise of the rights, to the use of 
the authorizations or to the fulfilment of the obligations 
shall be governed by the law of the Member State, inclu­
ding its international private law, in which the farmer's 
holding on which the derogation is used, is located. 
Article 2 
Safeguarding interests 
1. The conditions referred to in Article 1 shall be 
implemented both by the holder, representing the 
breeder, and by the farmer in such a way as to safeguard 
the legitimate interests of each other. 
2. The legitimate interests shall not be considered to 
be safeguarded if one or more of these interests are adver­
sely affected without account being taken of the need to 
maintain a reasonable balance between all of them, or of 
the need for proportionality between the purpose of the 
relevant condition and the actual effect of the 
implementation thereof. 
CHAPTER 2 
THE HOLDER AND THE FARMER 
Article 3 
The holder 
1. The rights and obligations of the holder which 
derive from the provisions of Article 14 of the basic 
Regulation, as specified in this Regulation, other than the 
right on an already quantifiable payment of the equitable 
remuneration referred to in Article 5, may not be the 
object of a transfer to others. However, they shall be 
included in the rights and obligations which are 
concerned by a transfer of the Community plant variety right in accordance with the provisions of Article 23 of 
the basic Regulation. 
2. Rights referred to in paragraph 1 may be invoked by 
individual holders, collectively by several holders or by an 
organization of holders which is established in the 
Community at Community, national, regional or local 
level. An organization of holders may act only for its 
members, and only for those thereof which have given 
the respective mandate in writing to the organization. It 
shall act either through one or more of its representatives 
or through auditors accredited by it, within the limits of 
their respective mandates. 
3. A representative of the holder or of an organization 
of holders as well as an accredited auditor shall : 
(a) be domiciled or shall have his seat or an establishment 
within the territory of the Community, and 
(b) be authorized by the holder or the organization in 
writing, and 
(c) provide evidence for the conditions laid down in (a) 
and (b), either through reference to relevant informa­
tion published by holders or communicated by 
holders to organizations of farmers, or otherwise, and 
produce, on request, a copy of the written authoriza­
tion referred to in (b), to any farmer against whom he 
invokes the rights. 
Article 4 
The farmer 
1. The authorization and obligations of the farmer 
which derive from the provisions of Article 14 of the 
basic Regulation, as specified in this regulation or in 
provisions adopted pursuant to this Regulation, may not 
be the object of a transfer to others. However, they shall 
be included in the rights and obligations which are 
concerned by a transfer of the holding of the farmer, 
unless, in respect of the obligation to pay the equitable 
remuneration referred to in Article 5, otherwise agreed in 
the act of transfer of the holding. The transfer of the 
authorization and obligations shall take effect at the same 
time at which the transfer of the holding takes effect. 
2. An 'own holding' within the meaning of Article 
14 (1) of the basic Regulation shall be considered to be 
any holding or part thereof which the farmer actually 
exploits for plant growing, whether as his property or 
otherwise managed under his own responsibility and on 
his own account, in particular in the case of leaseholds. 
The disposal of a holding or part thereof for the purpose 
of exploitation by others shall be regarded as transfer 
within the meaning of paragraph 1. 
IP/N/1/EU/P/7 
        - 4 -No L 173/16 Official Journal of the European Communities 25. 7. 95 
3. The person or persons to whom the holding 
concerned belongs as property at the time at which the 
fulfilment of an obligation is claimed, shall be deemed to 
be the farmer, unless they provide the proof that another 
person is the farmer who must fulfil the obligation, in 
accordance with the provisions of paragraphs 1 and 2. 
CHAPTER 3 
REMUNERATION 
Article 5 
Level of remuneration 
1. The level of the equitable remuneration to be paid 
to the holder pursuant to Article 14 (3), fourth indent of 
the basic Regulation may form the object of a contract 
between the holder and the farmer concerned. 
2. Where such contract has not been concluded or 
does not apply, the level of remuneration shall be sensibly 
lower than the amount charged for the licensed produc­
tion of propagating material of the lowest category quali­
fied for official certification, of the same variety in the 
same area. 
If no licensed production of propagating material of the 
variety concerned has taken place in the area in which 
the holding of the farmer is located, and if there is no 
uniform level of the aforesaid amount throughout the 
Community, the level of remuneration shall be sensibly 
lower than the amount which is normally included, for 
the above purpose, in the price at which propagating 
material of the lowest category qualified for official certifi­
cation, of that variety is sold in that area, provided that it 
is not higher than the aforesaid amount charged in the 
area in which that propagating material has been 
produced. 
3. The level of remuneration shall be considered to be 
sensibly lower within the meaning of Article 14 (3), fourth 
indent of the basic Regulation as specified in paragraph 2 
above, if it does not exceed the one necessary to establish 
or to stabilize, as an economic factor determining the 
extent to which use is made of the derogation, a reaso­
nably balanced ratio between the use of licensed propaga­
ting material and the planting of the product of the 
harvest of the respective varieties covered by a Commu­
nity plant variety right. Such ratio shall be considered to 
be reasonably balanced, if it ensures that the holder 
obtains, as a whole, a legitimate compensation for the 
total use of his variety. Article 6 
Individual obligation to payment 
1. Without prejudice to the provisions of paragraph 2, 
the individual obligation of a farmer to pay the equitable 
remuneration shall come to existence at the time when he 
actually makes use of the product of the harvest for 
propagating purposes in the field. 
The holder may determine the date and the manner of 
payment. However, he shall not determine a date of 
payment which is earlier than the date on which the obli­
gation has come to existence. 
2. In the case of a Community plant variety right 
granted pursuant to Article 116 of the basic Regulation, 
the individual obligation of a farmer entitled to invoke 
the provisions of Article 116 (4) second indent of the 
basic Regulation shall come to existence at the time when 
he actually makes use of the product of the harvest for 
propagating purposes in the field after 30 June 2001. 
Article 7 
Small farmers 
1. An area on which plants are grown within the 
meaning of Article 14 (3) third indent of the basic Regu­
lation shall be an area which has been planted for regular 
cultivation and harvesting. In particular, forest land, 
permanent pastures established for a duration of more 
than five years, permanent natural green land and assimi­
lated cases as determined in the Standing Committee on 
Plant Variety Rights shall not be considered to be areas 
on which plants are grown. 
2. Areas of the holding of the farmer on which plants 
have been grown, but which are land set aside, on a 
temporary or permanent basis, in the marketing year star­
ting on 1 July and ending on 30 June of the subsequent 
calendar year ('the marketing year'), in which the payment 
of the remuneration would be due, shall be considered to 
be areas on which plants are still grown, if subsidies or 
compensatory payments are granted by the Community 
or by the Member State concerned in respect of that set 
aside. 
3. Without prejudice to the prOVlSlons laid down in 
Article 14 (3), third indent, first sub-indent of the Basic 
Regulation, small farmers in the case of other plant 
species (Article 14 (3), third indent, second sub-indent of 
the Basic Regulation) shall be considered to be farmers 
who 
(a) in the case of fodder plants coming under that latter 
provision : irrespective of the area on which they grow 
plants other than those fodder plants, do not grow 
those fodder plants for a duration of not more than 
five years on an area bigger than the area which would 
be needed to produce 92 tonnes of cereals per harvest, 
IP/N/1/EU/P/7 
        - 5 -25. 7. 95 Official Journal of the European Communities No L 173/17 
(b) in the case of potatoes: irrespective of the area on 
which they grow plants other than potatoes, do not 
grow potatoes on an area bigger than the area which 
would be needed to produce 185 tonnes of potatoes 
per harvest. 
4. The calculation of the areas referred to in paragraphs 
1, 2 and 3 shall be made, for the territory of each Member 
State, 
-in the case of plant species to which Council Regula­
tion (EEC) No 1765/92 (1) applies, and in the case of 
fodder plants other than those already coming under 
the provisions thereof, in accordance with the provi­
sions of that Regulation, and in particular Articles 3 
and 4 thereof, or with provisions adopted pursuant to 
that Regulation, and 
in the case of potatoes, on the basis of the average 
yield per hectare established in the Member State 
concerned, in accordance with the statistical informa­
tion delivered pursuant to Council Regulation (EEC) 
No 959/93 (l) concerning statistical information to be 
supplied by Member States on crop products other 
than cereals. 
5. A farmer who claims to be a 'small farmer' shall, in 
the case of dispute, provide the proof that the require­
ments for this category of farmers are met. However, the 
requirements for a 'small producer' within the meaning of 
Article 8 (1) and (2) of Council Regulation (EEC) No 
1765/92 shall not be applicable for that purpose, unless 
the holder agrees to the contrary. 
CHAPTER 4 
INFORMATION 
Article 8 
Information by the farmer 
1. The details of the relevant information to be 
provided by the farmer to the holder pursuant to Article 
14 (3), sixth indent of the basic Regulation may form the 
object of a contract between the holder and the farmer 
concerned. 
2. Where such contract has not been concluded or 
does not apply, the farmer shall, without prejudice to 
information requirements under other Community legis­
lation or under legislation of Member States, on request of 
the holder, be required to provide a statement of relevant 
(I) 0) No L 181, 1. 7. 1992, p. 12. 
(2) 0) No L 98, 24. 4. 1993, p. 1. information to the holder. The following items shall be 
considered to be relevant: 
(a) the name of the farmer, the place of his domicile and 
the address of his holding, 
(b) the fact whether the farmer has made use of the 
product of the harvest belonging to one or more varie­
ties of the holder for planting in the field or fields of 
his holding, 
(c) if the farmer has made such use, the amount of the 
product of the harvest belonging to the variety or vari­
eties concerned, which has been used by the farmer in 
accordance with Article 14 (1) of the basic Regulation, 
(d) under the same condition, the name and address of 
the person or pesons who have supplied a service of 
processing the relevant product of the harvest for him 
for planting, 
(e) if the information obtained under (b), (c) or (d) cannot 
be confirmed in accordance with the provisions of 
Article 14, the amount of licensed propagating mate­
rial of the varieties concerned used as well as the 
name and address of the supplier or suppliers thereof, 
and 
(f) in the case of a farmer invoking the provlslons of 
Article 116 (4) second indent of the Basic Regulation, 
whether he has already used the variety concerned for 
the purpose described in Article 14 (1) of the Basic 
Regulation without payment of a remuneration, and if 
so, since when. 
3. The information under paragraph 2 (b), (c), (d) and 
(e) shall refer to the current marketing year, and to one or 
more of the three preceding marketing years for which 
the farmer had not previously provided relevant informa­
tion on request made by the holder in accordance with 
the provisions of paragraphs 4 or 5. 
However, the first marketing year to which the informa­
tion refers, shall be not earlier than the one in which the 
first of such requests for information was made in respect 
of the variety or varieties and the farmer concerned, or, 
alternatively, in which the farmer acquired propagating 
material of the variety or varieties concerned, if this was 
accompanied by information at least on the filing of the 
application for the grant of a Community plant variety 
right or on the grant of such right as well as on possible 
conditions relating to the use of that propagating material. 
In the case of varieties coming under the provisions of 
Article 116 of the Basic Regulation and in respect of 
farmers entitled to invoke the provisions of Article 116 
(4), second indent of the basic Regulation, the first 
marketing year shall be 2001/02. 
4. In his request, the holder shall specify his name and 
address, the variety or varieties in respect of which he is 
interested in information, as well as the reference or 
references to the relevant Community plant variety right 
IP/N/1/EU/P/7 
        - 6 -No L 173/18 Official Journal of the European Communities 25. 7. 95 
or rights. If required by the farmer, the request shall be 
made in writing, and evidence for holdership shall be 
provided. Without prejudice to the provisions of para­
graph 5, the request shall be made directly to the farmer 
concerned. 
5. A request which has not been made directly to the 
farmer concerned, shall be considered to comply with the 
provisions of paragraph 4, third sentence, if it is sent to 
farmers through the following bodies or persons, with 
their prior agreement respectively: 
-organizations of farmers or cooperatives, concerning 
all farmers who are members of such organization or 
cooperative, or, 
-processors, concerning all farmers to whom they have 
supplied a service of processing the relevant product 
of the harvest for planting, in the current marketing 
year and in the three preceding marketing years, star­
ting in the marketing year as specfied in paragraph 3, 
or, 
suppliers of licensed propagating material of varieties 
of the holder, concerning all farmers to whom they 
have supplied such propagating material in the 
current marketing year and in the three preceding 
marketing years, starting in the marketing year as 
specified in paragraph 3. 
6. For a request made in accordance with the provi­
sions of paragraph 5, the specification of individual 
farmers is not required. The organizations, cooperatives, 
processors or suppliers may be authorized by the farmers 
concerned to forward the required information to the 
holder. 
Article 9 
Information by the processor 
1. The details of the relevant information to be 
provided by the processor to the holder pursuant to 
Article 14 (3), sixth indent of the basic Regulation may 
form the object of a contract between the holder and the 
processor concerned. 
2. Where such contract has not been concluded or 
does not apply, the processor shall, without prejudice to 
information requirements under other Community legis­
lation or under legislation of Member States, on request of 
the holder, be required to provide a statement of relevant 
information to the holder. The following items shall be 
considered to be relevant: 
(a) the name of the processor, the place of his domicile 
and the name and address registered for his business; 
(b) the fact whether the processor has supplied a service 
of processing the product of the harvest belonging to one or more varieties of the holder for planting, where 
the variety or varieties were declared or otherwise 
known to the processor; 
(c) if the processor has supplied such service, the amount 
of the product of the harvest belonging to the variety 
or varieties concerned, which has been processed for 
planting, by the processor, and the total amount 
resulting from that processing; 
(d) the dates and places of the processing referred to in 
(c); and 
(e) the name and address of the person or persons to 
whom he has supplied the service of processing 
referred to in (c), and the respective amounts. 
3. The information under paragraph 2 (b), (c), (d) and 
(e) shall refer to the current marketing year and to one or 
more of the three preceding marketing years for which 
the holder has not yet made an earlier request in accord­
ance with the provisions of paragraphs 4 or 5; however, 
the first marketing year to which the information refers, 
shall be the one in which the first of such requests was 
made in respect of the variety or varieties and the 
processor concerned. 
4. The provisions of Article 8 (4) shall apply mutatis 
mutandis. 
5. A request which has not been made directly to the 
processor concerned, shall be considered to comply with 
the provisions of Article 8 (4), third sentence, if it is sent 
to processors through the following bodies or persons, 
with their prior agreement respectively: 
-organizations of processors in the Community which 
are established at Community, national, regional or 
local level, concerning all processors who are 
members of, or represented in, such organization, 
farmers, concerning all processors who have supplied 
a service of processing the relevant product of the 
harvest to them for planting, in the current marketing 
year and in the three preceding marketing years, 
starting in the marketing year as specified in para­
graph 3. 
6. For a request made in accordance with the provi­
sions of paragraph 5, the specification of individual 
processors is not required. The organizations or farmers 
may be authorized by the processors concerned to forward 
the required information to the holder. 
Article 10 
Information by the holder 
1. The details of the information to be provided by the 
holder to the farmer pursuant to Article 14 (3), fourth 
indent of the basic Regulation may form the object of a 
contract between the farmer and the holder concerned. 
IP/N/1/EU/P/7 
        - 7 -25. 7. 95 Official Journal of the European Communities No L 173/19 
2. Where such contract has not been concluded or 
does not apply, the holder shall, without prejudice to 
information requirements under other Community legis­
lation or under legislation of Member States, on request of 
the farmer from whom the holder has claimed the 
payment of the remuneration referred to in Article 5, be 
required to provide a statement of relevant information to 
the farmer. The following items ~hall be considered to be 
relevant: 
the amount charged for the licensed production of 
propagating material of the lowest category qualified 
for official certification, of the same variety in the area 
in which the holding of the farmer is located, or, 
-if no licensed production of propagating material of 
the variety concerned has taken place in the are a in 
which the holding of the farmer is located, and if 
there is no uniform level of the aforesaid amount 
throughout the Community, the amount which is 
normally included, for the above purpose, in the price 
at which propagating material of the lowest category 
qualified for official certification, of that variety is sold 
in that area, as well as the aforesaid amount charged 
in the area in which that propagating material has 
been produced. 
Article 11 
Information by official bodies 
1. A request for information on the actual use of mate­
rial, by planting, of specific species or varieties, or on the 
results of such use, which a holder addresses to an official 
body, must be made in writing. In this request, the holder 
shall specify his name and address, the variety or varieties 
in respect of which he is interested in information and 
the type of information he seeks. He also shall provide 
evidence for his holdership. 
2. The official body may, without prejudice to the 
provisions of Article 12, withhold the requested informa­
tion only, if 
it is not involved In the monitoring of agricultural 
production, or 
it is not allowed, under Community rules or rules of 
Member States governing the general discretion appli­
cable in respect of activities of official bodies, to 
provide such information to holders, or 
it is under its discretion, pursuant to the Community 
legislation or the legislation of Member States under 
which the information has been collected, to withhold 
such information, or 
the requested information is not or no longer avail­
able, or 
-such information cannot be obtained through ordi­
nary performance of the tasks of the official body, or -such information can only be obtained with additional 
burden or costs, or 
-such information 'relates specifically to material which 
does not belong to varieties of the holder. 
The official bodies concerned shall inform the Commis­
sion on the manner in which they exercise the discretion 
referred to in the third indent above. 
3. In providing the information, the official body shall 
not differenciate between holders. The official body may 
provide the requested information in making copies 
available to the holder, which have been produced from 
documents containing information additional to that 
relating to material belonging to varieties of the holder, 
provided that it is ensured that any possibility to identify 
individuals protected under the provisions referred to in 
Article 12 has been removed. 
4. If the official body takes the decision to withhold 
the requested information, it shall inform the requesting 
holder thereof in writing and indicate the reason for this 
decision. 
Article 12 
Protection of personal data 
1. Any person who is providing or receiving informa­
tion under the provisions of Articles 8, 9, 10 or 11 shall 
be subject, in respect of personal data, to the provisions of 
Community legislation or of legislation of Member States 
on the protection of individuals with regard to the proces­
sing and free movement of personal data. 
2. Any person receiving information under the provi­
sions of Articles 8, 9, 10 or 11 shall not, without prior 
consent of the person who has supplied the information, 
pass any of this information to another person or use it 
for any purpose other than for the exercise of the 
Community plant variety right or for the use of the 
authorization provided for in Article 14 of the Basic 
Regulation, respectively. 
CHAPTER 5 
OTHER OBLIGATIONS 
Article 13 
Obligations in the case of processing outside the 
holding of the farmer 
1. Without prejudice to the restrictions which Member 
States may have established pursuant to Article 14 (3) 
second indent of the basic Regulation, the product of the 
harvest of a variety which is covered by a Community 
plant variety right shall not, without the prior consent of 
the holder, be moved from the holding on which it was 
obtained, for the purpose of being processed for planting, 
unless the farmer: 
IP/N/1/EU/P/7 
        - 8 -No L 173120 Official Journal of the European Communities 25. 7. 95 
(a) has implemented appropriate measures to ensure iden­
tity of the product entered for processing with that 
resulting from processing; and 
(b) makes sure that the actual processing is carried out by 
a processor for the supply of services of processing the 
product of the harvest for planting, who has: 
-either been registered under legislation of the 
Member State concerned adopted on the grounds 
of public interest, or has undertaken to the farmer 
to notify this activity, as far as varieties covered by 
a Community plant variety right are concerned, to 
the competent body established, designated or 
authorized in the Member State for that purpose, 
either by an official body or by an organization of 
holders, farmers or processors, for subsequent 
inclusion in a list established by the said compe­
tent body, and 
has undertaken to the farmer to also implement 
appropriate measures to ensure identity of the 
product entered by the farmer for processing with 
that resulting from processing. 
2. For the purpose of the listing of processors as speci­
fied in paragraph 1, Member States may lay down require­
ments of qualification to be met by processors. 
3. The registers and the lists referred to in paragraph 1 
shall be published or be made available to organisations 
of holders, farmers and processors respectively. 
4. The lists referred to in paragraph 1 shall be 
established not later than 1 July 1997. 
CHAPTER 6 
MONITORING BY THE HOLDER 
Article 14 
Monitoring of farmers 
1. For the purpose of monitoring, by the holder, 
compliance with the provisions of Article 14 of the basic 
Regulation as specified in this Regulation, as far as the 
fulfilment of obligations of the farmer is concerned, the 
farmer shall, on request of the holder: 
(a) provide evidence supporting his statements of infor­
mation under Article 8, through disclosure of available 
relevant documents such as invoices, used labels, or 
any other appropriate device such as that required 
pursuant Article 13 (1) (a), relating to: 
the supply of services of processing the product of 
the harvest of a variety of the holder for planting, 
by any third person, or in the case of Articles 8 (2) (e), the supply of 
propagating material of a variety of the holder, 
or through the demonstration of land or storage facili­
ties. 
(b) make available or accessible the proof required under 
Article 4 (3) or 7 (5). 
2. Without prejudice to other Community legislation 
or to legislation of Member States, farmers shall be 
required to conserve any of such document or device 
referred to in paragraph 1 for at least the period of time 
specified in Article 8 (3), provided that, in the case of used 
labels, the information by which the propagating material 
referred to in Article 8 (3) second subparagraph was 
accompanied included the advice for the conservation of 
the label relating to that material. 
Article 15 
Monitoring of processors 
1. For the purpose of monitoring, by the holder, 
compliance with the provisions of Article 14 of the basic 
Regulation as specified in this Regulation, as far as the 
fulfilment of obligations of the processor is concerned, 
the processor shall, on request of the holder, provide 
evidence supporting his statements of information under 
Article 9, through disclosure of available relevant docu­
ments such as invoices, devices suitable for the identifica­
tion of material, or any other appropriate device such as 
that required pursuant to Article 13 (1 ) (b), second indent, 
or samples of processed material, relating to his supply of 
services of processing the product of the harvest of a 
variety of the holder to farmers for planting, or through 
the demonstration of processing or storage facilities. 
2. Without prejudice to other Community legislation 
or to legislation of Member States, processors shall be 
required to conserve any of such document or device 
referred to in paragraph 1 for at least the period of time 
specified in Article 9 (3). 
Article 16 
Manner of monitoring 
1. The monitoring shall be carried out by the holder. 
He may make appropriate arrangements to ensure assis­
tance from organizations of farmers, processors, coopera­
tives or other circles of the agricultural community. 
2. Conditions relating to the methods of monitoring 
laid down in agreements between organizations of holders 
and of farmers or processors, which are established in the 
Community at Community, national, regional or local 
level respectively, shall be used as guidelines, if these 
agreements have been notified to the Commission in 
writing by authorized representatives of the relevant orga­
nizations and published in the 'Official Gazette' issued by 
the Community Plant Variety Office. 
IP/N/1/EU/P/7 
        - 9 -25. 7. 95 Official Journal of the European Communities No L 173/21 
CHAPTER 7 
INFRINGEMENT AND SPECIAL CIVIL LAW CLAIMS 
Article 17 
Infringement 
The holder may invoke the rights conferred by the 
Community plant variety right against a person who 
contravenes any of the conditions or limitations attached 
to the derogation pursuant to Article 14 of the basic 
Regulation as specified in this Regulation. 
Article 18 
Special civil law claims 
1. A person referred to in Article 17 may be sued by 
the holder to fulfil his obligations pursuant to Article 14 
(3) of the basic Regulation as specified in this Regulation. 
2. If such person has repeatedly and intentionally not 
complied with his obligation pursuant to Article 14 (3) 
4th indent of the basic Regulation, in respect of one or more varieties of the same holder, the liability to compen­
sate the holder for any further damage pursuant to Article 
94 (2) of the basic Regulation shall cover at least a lump 
sum calculated on the basis of the quadruple average 
amount charged for the licensed production of a corres­
ponding quantity of propagating material of protected 
varieties of the plant species concerned in the same area, 
without prejudice to the compensation of any higher 
damage. 
CHAPTER 8 
FINAL PROVISIONS 
Article 19 
Entry into force 
This Regulation shall enter into force on the day of its 
publication in the Official Journal of the European 
Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 18 July 1995. 
For the Commission 
Franz FISCHLER 
Member of the Commission 
IP/N/1/EU/P/7 
        - 10 -