The European directive 2004/842/EC (January 2005) allows the authorised marketing of material of varieties that have not yet been officially listed within the European Union. The aim of the regulation is to gain practical experience with the new variety. Applications for authorisation are accepted for all varieties under application for authorisation, whether the basic material is generative (seed) or vegetative.
About the regulation for vegetable varieties
Naktuinbouw is responsible for granting the authorisation for vegetable varieties in the Netherlands. Vegetable seeds covered by this regulation are recognizable in the market by the imprint on the packaging: 'variety not yet officially listed'.
Varieties with an application for authorisation are given the attribute 'notified' in the European Union. Applications are then notified to all European member states. If there are no objections, the decision to authorise for one year usually follows two weeks later.
Key points of the regulation
- Duration of authorisation: the authorisation is granted for 1 year and can be extended a maximum of 2 times for 1 year each, with a total maximum period of 3 years.
- No extension after 3 years: if the DUS testing has not been finalized after 3 years, the authorisation cannot be extended.
- Repeated applications: a variety that has been previously rejected or withdrawn cannot be re-submitted without new facts or improvements. The granting of a new authorisation for a re-application is not self-evident. Naktuinbouw decides on this based on the results of the DUS testing, considering the maximum period allowed.
- Termination of authorisation: the authorisation ends if the variety does not meet the DUS criteria, is positively assessed and approved, or if the applicant withdraws the application for listing.
Advice: apply for authorisation only when the seed will be marketed and let the authorisation date start on the start date of the DUS testing to avoid exceeding the term of 3 years.
The authorisations granted by Naktuinbouw only relates to vegetable seeds marketed by Dutch companies or establishments registered with Naktuinbouw. The companies receive a written confirmation with the authorisation data.
Overview authorised varieties
Please refer to the overview of all authorised varieties for vegetable varieties:
About the regulation for agricultural varieties
NAK is responsible for granting the authorisation for agricultural varieties in the Netherlands. For more information on the procedure and implementation of authorisation for agricultural varieties, please contact the NAK.
Frequently asked questions (FAQ)
How to apply for an Authorisation: marketing material of not yet listed vegetable varieties?
You can apply for authorisation by just ticking the box on the Plant Breeders' Rights and/or listing application form. If you wish to apply for authorisation at a later stage, you can send this form to us by e-mail.
Please refer to this link for the full text of the Decision (2004/842/EC).
Which authorisations for not yet listed vegetable varieties have been renewed?
These can be found on this page: Authorisation: marketing material not yet listed vegetable varieties, paragraph "About the regulation".
Where can I find the application fee for authorisation of my vegetable variety?
Inspections provides the work for authorisation of your vegetable variety. You can find the application fee on page 12, under point d. in the Vegetable Seeds section. Click here to view the application fee.
Will costs be charged for sowed authorisation samples?
Yes, an additional fee will be charged for samples which have been sowed for the authorisation request according to the fees Variety Testing 2025.