This Resolution establishes a formal procedure for requesting experimental samples of parental components that form part of a plant variety application.
The Procedure defines the cases and mechanisms under which such samples may be requested. The Ministry of Economy may request samples in three main situations: upon a request from a competent foreign authority regarding seed certification schemes, pursuant to a court decision, or when necessary to verify the maintenance and original components of a variety. Before requesting samples, the Ministry must check whether they are already held by an expert institution. Requests must specify justification, quantity, delivery address, and deadlines, and samples may be requested only for the purposes explicitly defined in the procedure.
The regulation also outlines the obligations of variety owners, patent holders, or maintainers. They must respond within 20 calendar days, either providing the requested samples or issuing a justified refusal. The quantity of samples must not exceed what is necessary for research or specified by a court. The Procedure allows for electronic communication with qualified electronic signatures, establishes responsibilities for the accuracy of accompanying documentation, and requires recordkeeping by expert institutions. It also regulates the return or disposal of unused samples and obliges the Ministry to provide information on their use upon request.