Chapter IV, Article 29 · Regulation (EU) 2026/1388

Contents

Article 29Guidance#

1.By 17 July 2028, the Authority shall publish detailed guidance to assist requesters, notifiers and applicants in the preparation and the presentation of the verification requests, the notifications and the applications referred to in Chapters II and III and for the implementation of Annex III.

2.By 17 July 2028, the EURL, assisted by the ENGL, shall publish detailed guidance to assist the notifier or the applicant for the application of Article 14(1), point (l), and Article 20(2).

3.By 17 July 2028, the Commission shall publish, and thereafter review and update if needed, guidance for the purpose of assisting operators, in particular breeders and farmers, on matters relating to plant intellectual property. The Commission shall consult the competent intellectual property offices of the Member States when drafting the guidance. The guidance shall include information on:

(a)plant licensing platforms;

(b)public organisations that have the purpose of assisting plant breeders with intellectual-property-related questions;

(c)databases allowing operators to identify the intellectual property rights which apply to a given plant;

(d)basic information on intellectual property rights relevant to plants, including on conditions for obtaining protection, rights conferred and their limitations, as well as compulsory cross-licensing.

4.By 17 July 2028, the Commission shall publish information for operators, with particular emphasis on breeders, about the opportunities to benefit from the various programmes, financial mechanisms and policies designed to support research and development in the area of new genomic techniques.

Defined terms · 18

Show every defined term

category 1 NGT plant
means an NGT plant that:
category 1 NGT product
means an NGT product where the NGT plant it contains, consists of or is produced from is a category 1 NGT plant;
category 2 NGT plant
means an NGT plant other than a category 1 NGT plant;
category 2 NGT product
means an NGT product where the NGT plant it contains, consists of or is produced from is a category 2 NGT plant;
chimeric protein
means a protein created through the joining of two or more genes or parts of genes that originally coded for separate proteins.
cisgenesis
means techniques of genetic modification resulting in the insertion, into the genome of an organism, of genetic material already present in the gene pool for conventional breeding purposes;
deliberate release
means deliberate release as defined in Article 2, point (3), of Directive 2001/18/EC;
feed
means feed as defined in Article 3, point (4), of Regulation (EC) No 178/2002;
food
means food as defined in Article 2 of Regulation (EC) No 178/2002;
gene pool for conventional breeding purposes
means the total genetic information available in one species and in other taxonomic species with which that species can be crossed, including by using advanced techniques such as embryo rescue, induced polyploidy and bridge crosses;
GMO
means a genetically modified organism as defined in Article 2, point (2), of Directive 2001/18/EC, excluding organisms obtained through the techniques of genetic modification listed in Annex I B to Directive 2001/18/EC;
organism
means an organism as defined in Article 2, point (1), of Directive 2001/18/EC;
placing on the market
means placing on the market as defined in Article 2, point (4), of Directive 2001/18/EC;
plant
means a plant as defined in Article 2, point (1), of Regulation (EU) 2016/2031 of the European Parliament and of the Council;
plant reproductive material
means plants capable of, and intended for, producing entire plants;
produced from NGT plants
means derived, in whole or in part, from NGT plants, but not containing or consisting of NGT plants;
SME
means an SME within the meaning of Commission Recommendation 2003/361/EC;
targeted mutagenesis
means mutagenesis techniques resulting in one or more modifications of the DNA sequence at targeted locations in the genome of an organism;