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Commission Regulation (EC) No 1768/95 CHAPTER 1

Article 1–Article 2 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Scope 1. This Regulation establishes the implementing rules on the conditions to give effect to the derogation provided for in Article 14 (1) of the basic Regulation. 2. The conditions shall apply to the rights and their exercise, and to the obligations and their fulfilment, of the holder within the meaning of Article 13 (1) of the basic Regulation, as well as to the authorization and its use, and to the obligations and their fulfilment, of the farmer, to the extent that such rights, authorization and obligations derive from the provisions of Article 14 of the basic Regulation. They shall also apply in respect of rights, authorization and obligations which derive from the provisions of Article 14 (3) of the basic Regulation for others. 3. Unless otherwise specified in this Regulation, the details relating to the exercise of the rights, to the use of the authorizations or to the fulfilment of the obligations shall be governed by the law of the Member State, including its international private law, in which the farmer's holding on which the derogation is used, is located.

Article 2

Safeguarding interests 1. The conditions referred to in Article 1 shall be implemented both by the holder, representing the breeder, and by the farmer in such a way as to safeguard the legitimate interests of each other. 2. The legitimate interests shall not be considered to be safeguarded if one or more of these interests are adversely affected without account being taken of the need to maintain a reasonable balance between all of them, or of the need for proportionality between the purpose of the relevant condition and the actual effect of the implementation thereof. CHAPTER 2 THE HOLDER AND THE FARMER

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