COMUNICATION to the Chilean Producers of Cripps Pink & Rosy Glow apples.
Producers must declare the trees they have of these varieties, and eventually pay right (royalties), for, when appropriate, accede to the authorization that the fruit can be imported into the European Market.
Thanks to the growers that have responded so far.
The licensees of both Cripps Pink and Rosy Glow have resolved to provide an opportunity for Chilean growers to declare all trees of their Cripps Pink and Rosy Glow trees.
Cripps Pink and Rosy Glow are protected by plant variety rights (PVR) in the European Union (EU) (including the UK after the Brexit will operate) and are licenced to the French company Star Fruits (SF).
Rosy Glow is protected under plant variety rights in Chile, where the licensee is Andes New Varieties Administration (ANA) and in the EU the licensee is SF.
The fruit that is harvested from both Cripps Pink and Rosy Glow trees in Chile can only enter the EU if the trees have been authorised by the respective PVR licensees.
Growers in Chile will have until the 30st of November 2018 to declare all their Cripps Pink and Rosy Glow trees to Decofrut, the company that has been appointed to manage the declaration process and to manage the tree authorisation agreements to growers for Cripps Pink trees on behalf of SF.
When being contacted by Decofrut or when contacting Decofrut, growers will receive
declaration form to declare all their Cripps Pink and Rosy Glow trees to Decofrut; and
for Cripps Pink growers, a Tree Authorisation and Non Propagation Agreement (TANPA), which establishes the obligations for both parties
the declaration form, for Cripps Pink and/or for Rosy Glow, and
the Cripps Pink TANPA, will have to be return completed and signed to Decofrut before the 30st of November 2018.
ANA will issue appropriate licenses in respect of Rosy Glow trees that have been produced without a license from ANA.
In the period, December 2018 to March 2019, and after control of declaration by Star Fruits, growers who have completed a declaration and a TANPA for Cripps Pink trees will receive an agreement from Star Fruits Chile,
the TANPA signed by Star Fruits Chile; and
a Tree Authorisation Notice (TAN) for the Cripps Pink trees.
The TAN is the document that the growers will provide to their exporters to prove that their trees are authorized.
In the same period, producers that have completed their declaration of Rosy Glow trees and that require regularization will receive from ANA a production license for the variety. For the plants legally acquired and declared in the process, as well as for those that are regularized, the producers will receive a Tree Authorization Notice (TAN) for Rosy Glow.
There will be a one-off fee of US$0.50, plus IVA (value added tax) in regard to Cripps Pink trees and a one-off fee of US$1.60, plus IVA for any unlicensed Rosy Glow tree.
Cripps Pink trees that have been previously declared to either Viveros Requinoa (VR) or Global Licencing Association (GLA) where the grower can provide evidence of declaration to VR or GLA will not require the payment of the fee.
This opportunity is entirely voluntary and growers can choose to participate or not.
Growers should be very aware that when they make a declaration it must include all of their Cripps Pink and Rosy Glow trees. Discovery of a partial declaration of the number of trees that the grower has, for whatever reason, will result in the TANPA agreement and the TAN certificate being voided.
Growers whose Cripps Pink and Rosy Glow plants receive their respective TANs during this process will be immediately approved to market their fruit into the EU and the UK market.
Their fruits will be also authorized to be packed and exported, to any destination, in association with the Pink Lady® trademark, subject the terms and conditions of trading and export licenses granted to Chilean packers and exporters by the Australian company, Apple & Pear Australia Limited (APAL), the owner of the Pink Lady® trademark in more than 90 countries in the world.
Growers who don’t participate need to be aware that product from their Cripps Pink trees will not be permitted entry into the EU from May 2019 and/or to be packed by Pink Lady® licensed packers / exporters to all destinations where APAL owns the Pink Lady® trademark.
Cripps Pink growers must also be aware that pursuant to the Cripps Pink TANPA, Star Fruits will authorize ANA to enter the Cripps Pink location(s) declared by growers for the purpose of inspecting the trees and their location in order to verify the accuracy of the declaration, and notably to make sure the trees are not of the Rosy Glow variety.
Discovery of a false declaration in relation with the correct variety that the grower has declared and that Star Fruits has authorized, will result in the TANPA agreement and the TAN certificate being voided.
Cripps Pink and Rosy Glow growers and exporters must also be aware that Star Fruits will reserve its rights to operate any appropriate control, at the export and the import level, to make sure that both Cripps Pink and Rosy Glow apples imported in the EU and the UK have been obtained from the authorized cultivation of trees of both varieties.
In such circumstances, growers, exporters and/or importers will have the burden of proof of to provide the detailed evidences of the exact origin of the fruits exported / imported to / into the EU & the UK.
If those evidences cannot be provided, then Star Fruits Diffusion in France will reserve its rights to enforce the regulation in relation to the importation into the EU and the UK of fruits obtained from the unauthorized cultivation of trees of Cripps Pink or Rosy Glow varieties.