CALL FOR EVIDENCE

FOR AN EVALUATION

This document aims to inform the public and stakeholders about the Commission’s work, so they can provide feedback and participate effectively in consultation activities.

Title of the evaluation

Plant variety rights – evaluation of EU legislation

Lead DG – responsible unit

European Commission’s Directorate-General for Health and Food Safety

(DG SANTE)

Unit G1 – Plant Health

Indicative timetable

(planned start date and completion date)

Q1-2025 – Q4-2026

Additional information

https://food.ec.europa.eu/plants/plant-variety-property-rights_en

This document is for information purposes only. It does not prejudge the final decision of the Commission on whether this initiative will be pursued or on its final content. All elements of the initiative described by the document, including its timing, are subject to change.

A. Political context, purpose and scope of the evaluation

Political context

Regulation (EC) No 2100/94 on Community plant variety rights was adopted in 1994 to create a regime for granting Community plant variety rights (CPVR). This is a form of intellectual property rights specifically developed for plant varieties. All plant species are covered. Breeders of new plant varieties can be granted CPVR under certain conditions laid down in the Regulation, allowing them to obtain a return on their investment in plant breeding. An applicant with a single application and a single examination can be granted a plant variety right that is valid and enforceable throughout the EU. This has made the CPVR regime one of the largest of its kind in the world in number of applications, granted rights and geographical coverage, which is attractive for breeders. The CPVR regime coexists with national systems for protection of plant varieties, but these are mutually exclusive, as it is not possible for the owner of a variety to simultaneously have a CPVR and a national right granted in relation to that variety.

The CPVR regime provides breeders with incentives to develop new plant varieties with improved characteristics for the benefit of society. New, improved plant varieties that, for example, are disease resistant or drought tolerant or use less fertilisers, are central to addressing the challenges of climate change and improving the sustainability of the agri-food chain.

Moreover, by providing a harmonised EU-wide intellectual protection regime for new plant varieties, the CPVR regime supports the aims of the EU intellectual property action plan to help companies, especially small to medium-sized enterprises, to make the most of their inventions and creations and ensure they can benefit the EU economy and society. It includes exemptions allowing any protected plant variety to be freely used for further breeding by breeders other than the initial breeder. It also balances farmers’ and breeders’ rights by allowing farmers, under certain conditions, to use harvested seed of protected plant varieties for further sowing (‘farm saved seed’).

In order to ensure a harmonised regime and implementation of the Regulation, the Community Plant Variety Office (CPVO) was set up in 1995. This is a self-financed EU agency responsible for implementing the CPVR system in the EU.

An external study that assessed the implementation of the Regulation from 1995 to 2010 was finalised in 2011. Given the extensive period of implementation of the Regulation, political priorities (e.g. sustainability of agriculture, protection of intellectual property) and the scientific advancements in plant breeding, it is timely to evaluate the Regulation and the CPVO. In addition, judgments of the Court of Justice of the EU and requests by stakeholders have demonstrated the need for clarification on various aspects, in particular the agricultural exemption related to ‘farm saved seed’ and the provisional protection of varieties. Furthermore, there is a need to evaluate the role of CPVRs in the wider context of intellectual property, namely as regards patents, trademarks and geographical indications. Finally, the Common Approach on EU decentralised agencies requires regular evaluations of those agencies.

Purpose and scope

In line with the Commission’s better regulation guidelines, the evaluation will assess the CPVR legislation and the CPVO’s performance in terms of their effectiveness, efficiency, relevance, coherence and EU added value.

The evaluation will analyse the robustness of the system in addressing the challenges affecting the plant breeding sector and the agri-food chain more generally, also at international level. It will take into consideration current and emerging needs as well as current and potential new technological developments. It will look into the actual costs and benefits of the Regulation and its effects on the different stakeholders. The evaluation will also assess whether there is any unnecessary administrative burden or process complexity. The findings of the evaluation will help consider whether it is necessary to change this legislation.

The evaluation will cover the implementation of the Regulation in the current 27 Member States and will focus on the period from 2011 until the end of 2024, duly taking into account the findings of the 2011 external study.

B. Better regulation

Consultation strategy

The evaluation will be informed by the input to be gathered through a series of consultation activities aiming to collect evidence and views from a broad range of stakeholders on the implementation of the Regulation and the operation of the CPVO. The main consultation activities will take place throughout 2025.

This call for evidence explains why this evaluation is being prepared and what it aims to achieve. The public and relevant stakeholders are invited to provide feedback on this over a four-week period. Respondents can reply in any of the EU official languages.

In addition to this call for evidence, the below consultation activities are planned.

-A 12-week public consultation on the Have your say portal, aimed at the wider public but also at the stakeholders that have a direct and immediate experience of working with CPVRs and/or the CPVO. The questionnaire of the public consultation will be translated into all EU official languages and respondents will be able to reply in any EU official language. A factual summary report will be published on the consultation page within eight weeks of the end of the public consultation.

-A targeted survey aimed at the national authorities involved in applying the CPVR Regulation and operating the CPVO and a targeted survey aimed at the stakeholders mentioned below. Where necessary, these surveys may be supplemented by targeted interviews.

-Interviews with CPVO staff, members of the CPVO Administrative Council and other stakeholders.

-A workshop with stakeholders where emerging findings will be discussed in order to validate their accuracy before the completion of the evaluation.

The feedback to this call for evidence as well as the results of all consultations conducted during the process will be thoroughly analysed and presented in a synopsis report annexed to the evaluation staff working document.

Why are we consulting?

The objective of the public consultation is to gather feedback on the CPVR legislation and the CPVO’s performance in terms of their effectiveness, efficiency, relevance, coherence and EU added value. For this purpose, the consultation will seek to collect evidence and data from relevant stakeholders.

Target audience

The consultation activities will involve all relevant stakeholders, including the competent authorities of EU Member States responsible for policy and legislation in the area of plant variety rights; international standard-setting organisations; plant breeding associations; industry associations in the area of the agricultural, horticultural, ornamental, and fruit plant reproductive material sectors; seed and plant multipliers and suppliers; professional conventional and organic farmers and growers; home gardeners; nurseries in the forest reproductive material sector; scientific networks on plant and forest genetic resources; civil society organisations; and relevant international organisations.

Data collection and methodology

The evaluation will seek to assess the functioning, effects, costs and benefits and the potential for simplification of the Regulation, as well as the functioning of the CPVR. Costs and benefits related to the Regulation will be identified and assessed to the extent possible; whenever quantification of benefits might not be feasible, qualitative information will be used instead. Particular attention will be paid to any potential to reduce the administrative burden on businesses and citizens, as well as to any potential to simplify procedures. The evaluation will be supported by a mix of evidence:

-the feedback to this call for evidence;

-a study carried out by an external contractor that will look at existing information and will collect additional evidence and data through desk research as well as the public consultation, the targeted survey, the interviews and stakeholders’ workshop;

-the findings of previous studies (the external study of 2011, the CPVO-EUIPO study of 2022 on the contribution of the CPVR system to the EU economy and the environment);

-CPVO case law;

-CPVO strategic plans and programming documents;

-CPVO annual reports; and

-CPVO financial statements.