Key data
| Regulation | Resolution of August 26, 2026, from the General Directorate of Agricultural Production and Markets — Management delegation agreement with IFAPA for technical examinations of strawberry varietal identification |
|---|---|
| Publication | September 3, 2026 |
| Entry into force | September 3, 2026 |
| Delegating body | Ministry of Agriculture, Fisheries and Food (MAPA) — General Directorate of Agricultural Production and Markets |
| Executing body | Andalusian Institute for Agricultural, Fisheries, Food and Ecological Production Research and Training (IFAPA) |
| Affected registers | Register of Protected Varieties and Register of Commercial Varieties |
| Applicable protocols | CPVO, UPOV and OEVV |
| Legal basis | Article 11 of Law 40/2015; RD 170/2011 |
| Category | Agriculture and Fisheries |
| Year | 2026 |
If you develop or commercialize new strawberry varieties and want to protect them or bring them to market in Spain, the registration process has just changed hands in its technical phase. As of September 3, 2026, it is IFAPA that executes the technical examinations for varietal identification, by formal delegation from MAPA through a management delegation published in the BOE (BOE-A-2026-18567).
This change does not alter the substantive requirements for registration, but it does clearly define who does what and under what protocols. Knowing this avoids delays and errors in processing.
What does this regulation establish?
The Resolution formalizes a management delegation from MAPA to IFAPA for this institute to conduct the technical examinations for strawberry varietal identification that are mandatory for registration in two key registers:
- Register of Protected Varieties: necessary to obtain breeder's rights and variety protection.
- Register of Commercial Varieties: necessary to be able to commercialize seeds or reproductive material of the variety in Spain.
Relevant legal and technical aspects established by the regulation:
| Aspect | Detail |
|---|---|
| Type of act | Management delegation (does not imply transfer of competence ownership) |
| Competence holder | MAPA — competence remains with the Ministry |
| Technical executor | IFAPA (Andalusian Institute for Agricultural, Fisheries, Food and Ecological Production Research and Training) |
| Legal basis of delegation | Article 11 of Law 40/2015, on the Legal Regime of the Public Sector |
| Prior designation of IFAPA | It was already designated as an examination center in Royal Decree 170/2011 |
| International accreditation | IFAPA has accreditation from the Community Plant Variety Office (CPVO) |
| Test protocols | CPVO, UPOV (International Union for the Protection of New Varieties of Plants) and OEVV (Spanish Plant Variety Office) |
The delegation does not imply a change in the requirements imposed on the applicant: the tests follow the same international protocols as always. What changes is that there is now an express formalization that IFAPA is the executing body, with explicit legal backing.
Economic and operational impact
For breeders and companies in the sector, the most direct impact is operational: knowing exactly which body to contact and under what framework it operates. The resolution does not introduce new fees or modify the legal registration deadlines, but it has clear practical consequences:
- Legal certainty: The delegation formalizes what in practice was already happening (IFAPA was already designated in RD 170/2011), but now with explicit backing in Law 40/2015. This reduces the risk of procedural challenges.
- EU accreditation: IFAPA has accreditation from the CPVO, which means that the results of its examinations are valid for requesting community protection of varieties, not just national.
- Standardized protocols: Tests will follow CPVO, UPOV and OEVV protocols, ensuring international comparability and facilitating mutual recognition in other markets.
- Single point of contact: For technical examinations of strawberries, the technical contact is IFAPA, headquartered in Andalusia, Spain's main strawberry-producing region.
The cost of the registration process (administrative fees, duration of tests) is not modified by this resolution. Test timelines depend on CPVO/UPOV protocols, which typically require several vegetative cycles.
Who does it affect?
- Breeders of new strawberry varieties who want to register in the Register of Protected Varieties to obtain breeder's rights in Spain.
- Companies and nurseries that want to commercialize reproductive material (plants, runners) of new strawberry varieties in Spain, for which they need registration in the Register of Commercial Varieties.
- International companies (European or non-EU) that request protection of strawberry varieties in the EU and use IFAPA as an examination center accredited by the CPVO.
- Advisors and consultants in agricultural intellectual property who manage variety registration files for their clients.
Practical example
An Andalusian horticultural company has developed a new strawberry variety with greater disease resistance and wants to protect it and commercialize it in Spain and other EU countries.
Step 1 — National protection: It requests registration in the Register of Protected Varieties with the OEVV (MAPA). To complete the file, it is mandatory to pass a technical examination for varietal identification. As of September 3, 2026, this examination is conducted by IFAPA, by delegation from MAPA, following CPVO, UPOV and OEVV protocols.
Step 2 — Commercialization: To be able to sell plants or reproductive material of that variety in Spain, it also needs registration in the Register of Commercial Varieties, which equally requires the technical examination from IFAPA.
Step 3 — Community protection: If it also wants protection throughout the EU, it can request a community title from the CPVO. Since IFAPA is accredited by the CPVO, the results of the technical examination conducted in Spain are valid for this community procedure, avoiding duplicate tests.
The result: a single test process at IFAPA can serve simultaneously for all three objectives.
What should companies do now?
- Identify if you have strawberry variety registration files in progress or planned: if so, confirm that your technical contact for examinations is IFAPA as of September 3, 2026.
- Review the protocols applicable to your application: tests follow CPVO, UPOV and OEVV protocols. Make sure your technical documentation is aligned with these standards before starting the process.
- Take advantage of IFAPA's CPVO accreditation: if you also intend to request community protection of the variety, the results of IFAPA's technical examination are valid before the CPVO, which can save you time and costs by avoiding duplicate tests.
- Consult RD 170/2011 and Law 40/2015: they are the reference legal framework for understanding the scope of the delegation and the rights and obligations of each party in the process.
- Inform your agricultural intellectual property advisor: if you outsource the management of variety registration files, make sure they know about this change so they can correctly direct technical management to IFAPA.
Frequently asked questions
What exactly is the management delegation to IFAPA and what does it mean for my registration application?
It is a mechanism provided for in Article 11 of Law 40/2015 by which MAPA delegates to IFAPA the technical execution of strawberry varietal identification examinations, without transferring the ownership of competence. For the applicant, it means that IFAPA is the body that physically conducts the tests, but the final resolution of the registration file remains with MAPA through the OEVV.
Are IFAPA's examinations valid for requesting variety protection in the European Union?
Yes. IFAPA has accreditation from the Community Plant Variety Office (CPVO), which means that the results of its technical examinations are recognized at community level. This allows the use of tests conducted in Spain to support an application for a community title for variety protection with the CPVO, avoiding duplicate tests.
What protocols does IFAPA follow for technical examinations of strawberries?
Tests follow the protocols established by three international bodies: the CPVO (Community Plant Variety Office), UPOV (International Union for the Protection of New Varieties of Plants) and OEVV (Spanish Plant Variety Office). These protocols ensure comparability and international recognition of results.
When did this change come into force and does it affect files already initiated?
The resolution was published and came into force on September 3, 2026. If you have strawberry variety registration files already initiated, it is advisable to verify with the OEVV how this delegation affects the ongoing processing, since IFAPA was already designated as an examination center in RD 170/2011 and in practice was already conducting these tests.
Which registers require IFAPA's technical examination for strawberry varieties?
There are two registers that require passing the technical examination for varietal identification: the Register of Protected Varieties (to obtain breeder's rights) and the Register of Commercial Varieties (to be able to commercialize seeds or reproductive material of the variety in Spain). Both require passing through the test process that IFAPA now formally executes.
Official source
Consult complete regulation in official source
Disclaimer: 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-2026-18567