Commission Regulation (EC) No. 2605/98 amending Regulation (EC) No. 1768/95 implementing rules on the agricultural exemption provided for in article 14(3) of Council Regulation (EC) No. 2100/94 on Community plant variety rights

Derogation from Community plant variety right is envisaged by article 14 (3) of Regulation 2100/94/EC for the purposes of safeguarding agricultural production. The conditions to give effect to that derogation are laid down in Regulation 1768/95/EC which has been amended by the present Regulation. In particular, new paragraphs 4, 5, 6 and 7 are added to article 5 of Regulation 1768/95/EC relating to the level of the remuneration to be paid to the holder by the farmer. If no contract has been concluded between the holder and the farmer concerned and the level of remuneration is the subject of agreements between organizations of holders and farmers, the agreed levels shall be used as guidelines for determining the remuneration to be paid in the area and for the species concerned, in conformity with the conditions established under new paragraph 4 of article 5. Otherwise, the provision laid down in new paragraph 5 shall apply.