„DO I HAVE TO RESPOND TO THE REQUESTS?”

Yes. It is not important how many hectares of land the farmers sow, but how large the farm is.

The answer is always mandatory. If the farmer uses only certified seed, it should be specified in table D.3 of the AGNAS form together with the information on all agricultural parcels of land owned by him.

Instead of filling in the form, a farmer can send a letter or an e-mail containing his full name, the address, the area of agricultural land possessed and the following statement:

During … (season, year) I did not use the harvested material as sowing material (FSS)” or „During … (season, year) I used only certified seed”.

Please do not send photocopies of the invoices. It is not a sufficient response to the requests (the fact that a farmer sowed certified seed does not mean that he did not use the harvested material as well).

The AGNAS form constitutes an auxiliary form, however, the answers can be given also in form of some document/statement or via e-mail. The most important is that it needs to be done in a written form.

Agencja Nasienna does not send the requests to seed producers, only to holders of agricultural land. The size of a farm (household) is significant (at least 10 hectares of agricultural land) and not the activities carried out there (cultivation of cereals, livestock breeding, ecology, etc.)

Yes. The owners of organic farms must respond to the requests in the same way as the owners of traditional farms.

Yes because the requests concern the harvested material, not the purchased one.

„I WON’T RESPOND TO THE REQUESTS!”

The obligation to provide the information arises from the provisions of the Act of 26 June 2003 on legal protection of plant varieties. The agricultural land holders who have consistently failed to respond to the requests (and later reminders) are called by Agencja Nasienna on providing the information through the courts. Furthermore, Agencja Nasienna is compelled to notify law enforcement authorities of commiting the offense.

There is no such possibility. Regulations of the Act on legal protection of plant varieties, providing the basis for Agencja Nasienna to send the requests, require the written form of the reply, especially due to certain legal effects that the information provided may have (e.g. an obligation to pay a fee for the use of FSS).

The written form can reduce misunderstandings and insinuations, it also provides a basis of inspection or proof in the event of a dispute. If a farmer has access to the Internet, he can send the information via e-mail or through the Agn@s platform.

Agencja Nasienna is not entitled to accept information for future seasons, because the situation may change (e.g. a farmer didn’t plan spring sowing, but the winter crops has been destroyed by frost, so he ploughed it and sowed the spring variety to reduce losses). The information should always be provided after the sowing time, in accordance with what has actually been sown.

„I HAVE PROBLEM WITH THE NAME OF A VARIETY…”

A farmer is not obliged to write the varieties that are not included in the Appendices.

To be sure, the farmer can put this variety on the AGNAS form – the employee of Agencja Nasienna will check whether this variety is protected or nor, and whether the farmer needs to pay for using it. Please go through the Appendices carefully! The names of some varieties consist of two components (e.g. JB Asano, Dańkowskie Diament, NFC Tipple) and they are commonly known under the abbreviated names (e.g. Asano, Dańkowskie, Tipple).

Not necessarily. Our Appendices do not include all possible varieties protected by law – these are just the varieties, protected by an exclusive right, of breeders being shareholders of Agencja Nasienna. Despite the fact that a given variety is not included in the Appendix, it can still be protected by an exclusive right by another breeder not being our member. In such a situation a farmer should contact directly this breeder and settle account with him. Our employees, on a farmer’s request, can check whether a particular variety is protected, and if so, which breeder is a holder of an exclusive right to this variety. If the farmer has the access to the Internet, he can do it on his own, using COBORU (National protection) or CPVO (Community protection) search engines.

The name of a variety is important and not a country of origin of the seed. The variety can be protected in the whole European Union, regardless of where it has been bought. However, for additional certanity, please include this variety in the form – the employee of Agencja Nasienna will check whether it is a protected variety or not.

If the farmer has the access to the Internet, he can do it on his own, using either COBORU (National protection) or CPVO (Community protection) search engines.

„HOW CAN I PAY FOR USING FARM-SAVED SEED (FSS)?”

In such a situation, we ask you to fill in the AGNAS form and send it to Agencja Nasienna. On the basis of this form, Agencja Nasienna will issue an invoice for using FSS and send it to you by post. The farmer shall transfer the money on the bank account number specified in the invoice (it’s an individual account number, assigned to particular farmer), and Agencja Nasienna will pass this payment to an appropriate breeder/s.

Please call Agencja Nasienna. Our employee will determine what the status of the case is and decide on further action.

Agencja Nasienna issues a debit note for the infringement of an exclusive right by the farmer. If you have any doubt concerning documents received, please contact our Agencja Nasienna by phone or via e-mail.