Agricultural exemption

To sow a variety protected with PBR, a farmer shall use only:

  • certified seed, acquired from a licensed seller, with an official label and purchase invoice;
  • seed or seed potatoes from his own harvest (farm-saved seed), under the privilege of agricultural exemption.

To use farm-saved seed a prior consent of the breeder is not required, provided that:

  1. the sowing material was collected by the farmer from his own or leased agricultural land;
  2. the variety that he wants to sow is a population one;
  3. the variety is allowed for sowing as FSS.

SPECIES ALLOWED BY LAW FOR SOWING AS FSS

For the varieties protected on PL level:

(Article 23 (2) of the Act of 26 June 2003 on the Legal Protection of Plant Varieties)
  • broad bean
  • field pea
  • barley
  • maize
  • linseed
  • lucerne
  • narrow leaved lupin
  • yellow lupin
  • oat
  • durum wheat
  • bread wheat
  • triticale
  • oilseed rape
  • turnip rape
  • common vetch
  • rye
  • potato
  • soybean (from 11 July 2017)
download the table

For the varieties protected on EU level:

(Article 14 (2) of the Council Regulation (EC) No 2100/94)
  • broad bean
  • chickpeas
  • field pea
  • Egyptian clover
  • Persian clover
  • lucerne
  • yellow lupin
  • common vetch
  • barley
  • Canary grass
  • oat
  • bread wheat
  • spelt wheat
  • durum wheat
  • triticale
  • rice
  • rye
  • potato
  • linseed (excluding flax)
  • oilseed rape
  • turnip rape
download the table

Payment for FSS use

The remuneration for FSS equals 50% of the royalty applicable to the given variety for each kilogram of the harvested material sown.
The current royalties and FSS fees – see there!

Who should pay and for what?

The obligation and the scope of payment of the FSS fee depends on the area of agricultural land held by a farmer (the own land and written or oral leases).

Agricultural land areas (FSS)

Deadlines for FSS payment

The FSS fee shall be paid within following periods:

  • for the varieties protected on national level (PL): within 30 days from the date of sowing;
  • for the varieties protected on the Community level (EU): immediately, but no later than 30 June of the marketing year in which sowing of the harvested seed took place.

How to pay?

If the breeder who holds the exclusive right to the variety sown by the farmer is associated in Agencja Nasienna, the farmer can settle the fees via our organisation, providing us with the following written information:

  1. his first name, surname and addresss;

  2. species, variety and quantity (kg) of seeds sown from the harvest;

  3. month and year of sowing (e.g. April 2020);

  4. area of owned agricultural land.

In the next step the farmer shall make a payment of FSS on a basis of the invoice received from Agencja Nasienna. The payment received from the farmer will be handed over by Agencja Nasienna to the appropriate breeders.

To prepare FSS information you can also use the auxiliary AGNAS form or try the online platfrom Agn@s.

If the breeder is not associated in Agencja Nasienna, the farmer shall contact him directly to make settlements of FSS fees.

Feel free to contact us

We provide telephone and e-mail support
and we are available from 8:30 to 15:00,
Monday to Friday.

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