Key data
| Regulation | Orden APA/240/2026, of 18 March |
|---|---|
| BOE Publication | 23 March 2026 |
| Entry into force | 18 March 2026 |
| Affected parties | Farmers, nurseries, seed companies and plant variety breeders |
| Category | Regulatory Changes |
| BOE Reference | BOE-A-2026-6742 |
| Authority | Ministry of Agriculture, Fisheries and Food |
Farmers, nurseries and seed sector companies have, since 18 March 2026, a broader catalogue of plant varieties they can legally produce and commercialise in Spain. Orden APA/240/2026, published in the BOE on 23 March, updates the Register of Commercial Varieties with the inclusion of new varieties of different species, completing the cycle that runs from plant breeding to the authorised sale of seeds and certified plant material.
This update is not a structural change to the system, but it has direct and practical consequences: what is not in the Register cannot be legally sold. Therefore, each update to the catalogue opens or closes specific business opportunities for those working with plant material.
What does this regulation establish?
Orden APA/240/2026 provides for the inclusion of various varieties of different plant species in the Register of Commercial Varieties. This register is the official instrument of the Spanish State that legally enables the production, certification and commercialisation of seeds and plant material in the national market.
For a variety to be included in the Register, it must pass a technical evaluation based on three mandatory criteria:
- Distinctness: the variety must be clearly distinguishable from any other known variety.
- Uniformity: its characteristics must be homogeneous among individuals of the same variety.
- Stability: the defining characteristics must remain stable after successive reproductions or multiplications.
Only when a variety meets these three requirements — known as DUS criteria — can it be registered and, from that point on, legally produced and sold. Orden APA/240/2026 certifies that the varieties now included have passed this evaluation process.
The Register of Commercial Varieties is updated periodically through ministerial orders such as this one. Each update reflects the new plant varieties that have completed the evaluation process and are ready for the market.
Economic and operational impact
The impact of this regulation is primarily one of market access, not direct cost. Inclusion in the Register does not generate additional fees for seed buyers, but it does have clear economic consequences in two directions:
- For breeders and seed companies: the included varieties can now be legally commercialised, representing the return on investment in plant research and development. Without registration, the variety generates no revenue, regardless of its agronomic quality.
- For farmers and nurseries: they have more options for certified plant material on the market, which may translate into access to varieties with better yields, greater disease resistance or better adaptation to local conditions.
The most significant economic risk lies in non-compliance: the commercialisation of unregistered varieties entails administrative penalties. This affects both those who sell unauthorised material and, in some cases, those who acquire it without verifying its legal status.
Who is affected?
- Farmers: they can incorporate the newly registered varieties into their crops by legally acquiring certified seeds or plant material.
- Nurseries: they expand the catalogue of plants and plant material they can produce and sell to third parties with legal backing.
- Seed companies: those with varieties that were under evaluation and have been included in this update can begin commercialisation immediately.
- Plant variety breeders: natural or legal persons who have developed new varieties and see their work recognised through official registration, a necessary condition for accessing the market.
Practical example
A Spanish horticultural seed company has spent the past three years developing a new tomato variety with greater virus resistance and better post-harvest shelf life. It has completed the DUS evaluation process before the Ministry of Agriculture and its variety has been included in the Register of Commercial Varieties through Orden APA/240/2026, with effect from 18 March 2026.
From that date, the company can:
- Produce certified seed of that variety and put it on sale in the Spanish market.
- Offer the variety to agricultural cooperatives and professional farmers seeking plant material with legal guarantees.
- Include the variety in its commercial catalogue with regulatory backing.
Had the company attempted to commercialise that variety before its inclusion in the Register, it would have committed an administrative offence, regardless of the technical quality of the product.
What should companies do now?
- Check the updated Register: access the full text of Orden APA/240/2026 in the BOE (BOE-A-2026-6742) to check whether any of the included varieties are relevant to your activity, whether as a buyer or seller of plant material.
- Review your supplier catalogue: if you are a farmer or nursery, consult with your seed suppliers to find out whether the newly registered varieties offer agronomic advantages for your production.
- Verify the legal status of the material you commercialise: if you are a seed company or nursery, ensure that all varieties in your catalogue are registered in the current Register of Commercial Varieties. Commercialising unregistered varieties entails administrative penalties.
- Update commercial documentation: if you have varieties recently included in the Register, update technical data sheets, catalogues and certification documentation to reflect the new legal status.
- Monitor future updates: the Register is updated periodically. Establish a system for tracking ministerial orders from the Ministry of Agriculture so as not to miss new inclusions relevant to your business.
Frequently asked questions
Which plant varieties have been added to the Commercial Register under Orden APA/240/2026?
Orden APA/240/2026 includes various varieties of different plant species in the Register of Commercial Varieties. To consult the exact list of varieties and species included, the full text published in the BOE on 23 March 2026 (BOE-A-2026-6742) must be accessed, as the register details each variety with its official designation.
From when can the new varieties included in the Register be commercialised?
The new varieties included by Orden APA/240/2026 can be legally produced, certified and commercialised from 18 March 2026, the date of entry into force of the regulation, although its publication in the BOE was on 23 March 2026.
What happens if I commercialise plant varieties that are not in the Commercial Register?
The commercialisation of unregistered varieties entails administrative penalties. The Register of Commercial Varieties is the official mechanism that legally enables the production, certification and sale of plant material in Spain. Operating outside this framework constitutes an infringement of seed and plant material regulations.
What requirements must varieties meet to be included in the Commercial Register?
To be included in the Register of Commercial Varieties, varieties must meet the requirements of distinctness, uniformity and stability (DUS). This is the official standard that guarantees the variety is distinguishable from others, homogeneous in its characteristics and stable across generations.
Who directly benefits from the inclusion of new varieties in the Register?
Two main groups benefit: on one hand, farmers and nurseries, who expand the catalogue of seeds and plant material they can legally acquire and use; on the other, seed companies and plant breeders, who see their new varieties recognised and can access the Spanish market with them.
Official source
View full regulation at the official source
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-6742