PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012 
112 S.I. No. 493/2000 — Plant Varieties (Farm Saved Seed) Regulations, 2000 
 
STATUTORY INSTRUMENTS.  
S.I. No. 493 of 2000.  
 
PLANT VARIETIES (FARM SAVED SEED) REGULATIONS, 2000.  
S.I. No. 493 of 2000.  
PLANT VARIETIES (FARM SAVED SEED) REGULATI ONS, 2000.  
I, JOE WALSH, Minister for Agriculture, Food and Rural Development, in exercise of the powers 
conferred on me by section 19(6) of the Plant Varieties (Proprietary Rig hts) (Amendment) Act 
1998 ( No. 41 of 1998  ) (as adapted by the Agriculture and Food (Alteration of Name of 
Department and Title of Minister) Order, 1999 ( S.I. No. 307 of 1999  )), hereby make the 
following regulations:  
1. These Regulations may be cited as the Plant Varieties (Farm Saved Seed) Regulations, 2000.  
2. In these Regulations — 
“Act o f 1998” means Plant Varieties (Proprietary Rights) (Amendment) Act, ( No. 41 of 1998  ); 
“farmer” means a person who uses a protected variety.  
3. If the holder and the farmer do not reach agreement as regards remuneration for the 
purposes of section 19(4) of the Act of 1998, then the level of remuneration is, by virtue of 
these Regulations, fixed at 50 per cent of the sum charged for the licensed production of 
propagating material of the lowest category qualified for official certification of the same variety 
in the State.  
4. A farmer or the service that he or she engages, may process the farm saved seed for 
planting and may move the farm saved seed from the farm  for the purposes of such processing 
provided that:  
(a) the identity of the farm saved seed is not lost, and  
(b) if the farmer engages a service which is approved by the Minister.  
5. If an order has been made pursuant to section 19(2) of the Act of 1998  in relation to a plant 
variety, the Controller of Plant Breeders' rights, the farmer, the holder and the processor shall 
provide information in respect of that plant variety in accordance with the Schedule to these 
Regulations.  
6. A farmer who contravene s these regulations shall be deemed to have infringed Plant 
Breeders' rights pursuant to section 21 of the Act of 1998.  
Schedule  
Information by the farmer  
1. The farmer shall, 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 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 o ne or 
more varieties 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 varieties concerned,  No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER 
 113 (d) under the same condition, the name a nd address of the person or persons who have 
supplied a service of processing the relevant product of the harvest for him for planting,  
(e) whether he has already used the variety concerned without payment of a remuneration, 
and if so, since when.  
2. The  information under paragraph 1 ( b), (c), (d), and ( e) shall refer to the current marketing 
year and to one or more of the three preceeding marketing years for which the farmer had not 
previously provided relevant information on request made by the holder i n accordance with the 
provisions of paragraphs 3 or 4.  
However, the first marketing year to which the information refers, shall not be 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.  
3. 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 Plant Breeders, right or righ ts. 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 
paragraph 4, the request shall be made directly to the farmer concerned.  
4. A request which has not been made directly to the farmer concerned, shall be acceptable to 
the Minister, if it is sent to farmers through the following bodies or persons, with their prior 
agreement respectively:  
—  organisations of farmers or co -operatives, concerning all farmer s who are members of such 
organisation 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, starting in the marketing year as specified in paragraph 2,  
—  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 yea r and in the 
three preceding marketing years, starting in the marketing year as specified in paragraph 2.  
5. The organizations, co -operatives, processors or suppliers shall be authorised by the farmers 
concerned to forward the required information to the holder.  
Information by the processor  
1. The details of the relevant information to be provided by the processor to the holder are — 
(a) the name of the processor, the place of his domicile and the name and address registered 
for his business;  
(b) the fa ct 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 the processing;  
(d) the dates and places of t he 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.  
2. The information under paragraph 1( b), (c), (d) and ( e) shall refe r 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 information on request made by the holder in accordance with the 
provisions of paragraphs 3 or 4.  PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER No. 105 – August 2012 
114 However, the first marketing year to which the information refers, shall not be 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.  
3. In his request, the holder shall s pecify 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 Plant Breeders' right or rights. If required by the processor, the request shall be made 
in wri ting, and evidence for holdership shall be provided. Without prejudice to the provisions of 
paragraph 4, the request shall be made directly to the processor concerned.  
4. A request which has not been made directly to the processor concerned, shall be acce ptable 
to the Minister if it is sent to processors through the following bodies or persons, with their 
prior agreement respectively:  
—  organisations of processors which are established at national, regional or local level, 
concerning all processors who a re members of, or represented in, such organisation,  
—  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 marketi ng years, starting in the marketing year as specified in paragraph 2.  
5. The organisations or farmers shall be authorised by the processors concerned to forward the 
required information to the holder.  
Information by the holder  
1. The details of the info rmation to be provided by the holder to the farmer, on request of the 
farmer from whom the holder has claimed the payment of remuneration are:  
—  the amount charged for the licensed production of propagating material of the lowest 
category qualified for o fficial 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 area in which the holding of the farmer is locat ed, 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.  
Information by an Official body  
1. In this Schedule “Official body” means any or all of the following — 
(a) the M inister for Agriculture, Food and Rural Development,  
(b) the Controller of Plant Breeders' Rights,  
(c) the Central Statistics Office,  
(d) Teagasc, and  
(e) the Plant Variety Development Office Limited.  
2. A request for information on the actual use of material, 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 respe ct of which he is interested in information and the type of information he 
seeks. He also shall provide evidence for his holdership.  
3. The Official body, may withhold the requested information if — 
(a) that Official body is not involved in monitoring agr icultural production,  No. 105 – August 2012 PLANT VARIETY PROTECTION GAZETTE AND NEWSLETTER 
 115 (b) that Official body is prevented, either by the Laws of the European Communities or any 
enactment or rule of law, from providing such information,  
(c) the requested information is not available or is no longer available,  
(d) such information cannot be obtained through the ordinary performance of the tasks of the 
Official body,  
(e) such information can only be obtained with additional burden or costs, or,  
(f) such information relates specifically to material which does not belon g to varieties of the 
holder.  
4. In providing the information, the official body shall not differentiate between holders. The 
official body may provide the requested information in making copies available to the holder, 
which have been produced from docum ents 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 has been removed.  
5. 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.  
GIVEN under my Official Seal, this 15th day of December, 2000.  
JOE WALSH,  
Minister for Agriculture, Food and Rural Development.  
 
EXPLANATORY NOTE.  
(This note is not part of the Instrument and does not purport to be a legal interpretation.)  
The purpose of this Regulation is to enable breeders of plant varieties to collect royalties on the 
varieties they have bred and developed an d which are used for farm saved seed. Until now, 
there has been no provision for the collection of royalty payments on farm saved seed.  
Under this Regulation, farmers retaining a portion of their harvest for re -sowing may be 
required to pay the holder of a Plant Breeders' Right a royalty fee.  
Small farmers (as described in council Regulation (EC) 2100/94 concerning Community Plant 
Variety Rights) are exempt from the payment of royalties.  
The plant species covered by these Regulations are Cereals, Fodder plants, Oil and Fibre plants 
(excluding Flax) and Potatoes.  
 
 