53Accordingly, given, on the one hand, the difficulty the holder has in asserting his right to information as against farmers, by reason of the fact that examination of a plant does not reveal whether it was obtained by the use of the product of the harvest or by the purchase of seed, and, on the other hand, the obligation to safeguard the reciprocal legitimate interests of the breeder and the farmer which follows from Article 14(3) of Regulation No 2100/94 and Article 2 of Regulation No 1768/95 (see Schulin, paragraph 63), the holder must be authorised to request information concerning one of his varieties subject to the privilege from a supplier of processing services where he has some indication that the latter has processed or intends to process the product of the harvest obtained by planting propagating material of that variety for planting. It should be pointed out that that right of the holder does not depend on whether the varieties concerned were declared or otherwise known to the supplier of processing services.
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