Key data
| Regulation | Resolution of 10 July 2026, from the Directorate General of Agricultural Production and Markets — Management delegation agreement with CICYTEX for technical examinations of varietal identification of fig |
|---|---|
| Publication | 18 July 2026 |
| Entry into force | 18 July 2026 |
| Executing body | CICYTEX (Centre for Scientific and Technological Research of Extremadura — Junta de Extremadura) |
| Competent body | Ministry of Agriculture, Fisheries and Food (MAPA) — Spanish Office of Plant Varieties (OEVV) |
| Affected species | Fig (Ficus carica) |
| Registers involved | Register of Protected Varieties and Register of Commercial Varieties |
| Protocols applied | UPOV and CPVO (distinctness, homogeneity and stability — DHS) |
| Previous regulatory framework | Royal Decree 170/2011 (designation of CICYTEX as testing centre) |
| Category | Agriculture and Fisheries |
| Year | 2026 |
If you have a new fig variety and want to protect it or commercialize it in Spain, the mandatory step is to pass the technical examinations for varietal identification. From now on, these examinations are conducted by CICYTEX (Centre for Scientific and Technological Research of Extremadura), by formal request of the Ministry of Agriculture, Fisheries and Food. The Resolution of 10 July 2026, published in the BOE on 18 July, formalizes this management delegation agreement.
Competence remains with MAPA through the Spanish Office of Plant Varieties (OEVV), but the technical execution of the tests falls to CICYTEX. There is no transfer of ownership: MAPA maintains the final decision on registration.
What does this regulation establish?
The Ministry of Agriculture formalizes through agreement the management delegation to CICYTEX to conduct technical examinations for varietal identification of fig. These examinations are the prior and essential requirement to register a variety in either of the two official registers:
- Register of Protected Varieties: to obtain breeder's rights over the variety.
- Register of Commercial Varieties: to be able to commercialize reproductive material of that variety on the market.
The examinations are based on the DHS criteria (Distinctness, Homogeneity and Stability), following the protocols established by UPOV (International Union for the Protection of New Varieties of Plants) and CPVO (Community Plant Variety Office). These protocols determine whether a variety is sufficiently different from existing ones, whether it is uniform within itself and whether it maintains its characteristics over time.
CICYTEX is not a new actor in this field: it was already designated as official testing centre in Royal Decree 170/2011 and has accreditation from the Community Plant Variety Office, which validates its results also for European purposes.
| DHS Criterion | What it evaluates |
|---|---|
| Distinctness | The variety is clearly different from any other variety of common knowledge |
| Homogeneity | The plants of the variety are sufficiently uniform in their relevant characteristics |
| Stability | The characteristics of the variety remain unchanged after successive reproductions |
Economic and operational impact
For breeders and nurseries working with fig, this agreement has direct practical consequences:
- Process centralization: all technical examinations of fig in Spain go through CICYTEX. There is no official alternative for this procedure.
- European validity: since CICYTEX has accreditation from the CPVO, the results of its examinations are also recognized for applications for community protection, which avoids duplicating tests.
- No change in decision-making competence: OEVV remains the body that grants or denies registration. CICYTEX only executes the technical part.
- Operational continuity: since CICYTEX was already designated by RD 170/2011, this agreement formalizes and reinforces a pre-existing relationship, without disruption to ongoing procedures.
The economic impact for affected companies materializes mainly in the costs and timelines associated with DHS tests, which typically extend over one or more vegetative cycles. Any delay in the submission of plant material or in coordination with CICYTEX can prolong the time until final registration and, therefore, delay market access or variety protection.
Who does it affect?
- Breeders of new fig varieties who want to register breeder's rights in Spain or the EU.
- Nurseries and producers of reproductive material who need to register a variety in the Register of Commercial Varieties to be able to sell certified plants.
- Marketers of fig varieties that operate with varieties not yet registered and are in the application process.
- Companies with ongoing applications before OEVV for fig varieties: they must coordinate the delivery of plant material with CICYTEX.
- Advisors and consultants in the agricultural sector who manage registration files for plant varieties.
Practical example
An Andalusian nursery has developed a new fig variety with early maturation characteristics and greater drought resistance. It wants to protect it through breeder's rights and, at the same time, register it in the Register of Commercial Varieties to be able to sell certified plants to other producers.
The mandatory process is as follows:
- It submits the application to the Spanish Office of Plant Varieties (OEVV), dependent on MAPA.
- OEVV delegates to CICYTEX the conduct of DHS technical examinations: the nursery must provide plant material of the variety to the Extremadura centre.
- CICYTEX evaluates whether the variety meets the criteria of distinctness, homogeneity and stability according to UPOV and CPVO protocols.
- With CICYTEX's technical report, OEVV makes the final decision on registration in one or both registers.
If the nursery also wanted to apply for community protection before the CPVO, CICYTEX's results are valid at that level, as the centre is accredited by the Community Office.
What should companies do now?
- Review the status of your ongoing applications: if you have open files before OEVV for fig varieties, verify that CICYTEX is already listed as the assigned testing centre and that you have direct contact with them.
- Plan the delivery of plant material to CICYTEX: DHS examinations require material in specific conditions and are developed during complete vegetative cycles. The sooner the delivery is coordinated, the sooner the file progresses.
- Evaluate whether your variety meets DHS criteria: before starting the process, internally analyze whether the variety is sufficiently different from those already registered. A preliminary report can avoid unnecessary costs.
- Consider the dual registration route: if your goal is both to protect the variety and to commercialize reproductive material, simultaneously request registration in the Register of Protected Varieties and in the Register of Commercial Varieties.
- Assess community protection: given that CICYTEX has CPVO accreditation, its reports are valid for protection applications throughout the EU. If your market is European, explore this route from the start.
Frequently asked questions
What are DHS examinations and why are they mandatory to register a fig variety?
DHS examinations evaluate three criteria: Distinctness (the variety is clearly different from known ones), Homogeneity (the plants are uniform with each other) and Stability (the characteristics are maintained after successive reproductions). They are mandatory because without passing these examinations it is not possible to register a variety in the Register of Protected Varieties or in the Register of Commercial Varieties in Spain. The protocols applied are those of UPOV and CPVO.
Who decides whether a fig variety is registered: CICYTEX or MAPA?
The final decision always corresponds to MAPA through the Spanish Office of Plant Varieties (OEVV). CICYTEX only conducts the technical examinations by management delegation: it issues the DHS technical report, but has no competence to grant or deny registration. The ownership of competence is not transferred to CICYTEX.
Are CICYTEX's results valid for requesting variety protection in the European Union?
Yes. CICYTEX has accreditation from the Community Plant Variety Office (CPVO), which means that its technical reports are recognized at European level. This allows breeders to use the same tests for both national registration in Spain and for requesting community protection, avoiding duplicating field work.
Since when is CICYTEX authorized to conduct these tests?
CICYTEX was already designated as official testing centre in Royal Decree 170/2011. The Resolution of 10 July 2026 formalizes through management delegation agreement the continuity and legal framework of that relationship. It is not a new designation, but rather the updated formalization of a function that the centre was already performing.
What official registers require passing CICYTEX's technical examinations?
The examinations are a requirement for two distinct registers: the Register of Protected Varieties (necessary to obtain breeder's rights over the variety) and the Register of Commercial Varieties (necessary to be able to legally commercialize reproductive material of that variety in the Spanish and European market).
Official source
Consult complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-15729