New DHE protocols for commercial varieties: what changes in 2026 for seed companies and breeders

• Key data
• Key impact
• What does this regulation establish?
• Economic and operational impact
• Who does it affect?
• Practical example
• What should companies do now?
• Frequently asked questions
• Official source

Key data

If your company requests the registration of commercial varieties of tomato, rice, spinach or other of the 9 affected species, the technical protocols governing the examination of distinctness, homogeneity and stability (DHE) change from July 1, 2026. The Order APA/584/2026 transposes Implementing Directive (EU) 2025/2449 into Spanish law and modifies annexes I and VII of Royal Decree 170/2011.

The change is not cosmetic: DHE protocols are the technical core of the registration process. They determine how to assess whether a variety is sufficiently distinct, uniform and stable to be entered in the Register of Commercial Varieties. Updating these protocols can affect evaluation criteria, observed characteristics and test methods applicable to each species.

What does this regulation establish?

Order APA/584/2026 updates DHE protocols for the following 9 plant species, modifying annexes I and VII of the Regulation of the Register of Commercial Varieties:

The regulation also includes two additional relevant elements:

• Transitional regime: Varieties whose examinations have been initiated before July 1, 2026 may opt for the previous protocols or the new ones, without the need to submit a new application.
• Homogeneity exceptions for organic varieties: The existing homogeneity exceptions for organic varieties of barley, rye and wheat are maintained.

A key point on scope: only protocols for species for which Spain has accreditation as an examination office with CPVO (Community Plant Variety Office) are transposed. Species without that accreditation are not affected by this order.

Economic and operational impact

The main impact is operational and planning, not directly economic in the form of new fees or penalties. The changes translate into:

• Review of ongoing cases: Companies with applications initiated before July 1, 2026 must assess whether it is convenient to continue with the previous protocols or opt for the new ones. The choice can affect the time and outcome of the examination.
• Adaptation of tests and technical documentation: New applications submitted from July 1, 2026 must necessarily comply with the new DHE protocols for the 9 affected species.
• Planning of test campaigns: DHE protocols usually require cultivation cycles of 1 to 2 years. A protocol change may involve repeating or expanding tests if the variety does not meet the new criteria.
• Organic varieties of barley, rye and wheat: There are no changes to the homogeneity exceptions already in force. No additional impact for this segment.

Who does it affect?

• Plant variety breeders requesting or having in progress the registration of varieties of the 9 affected species in Spain.
• Seed companies with plant breeding programs in tomato, rice, spinach, kale, black cabbage, collard greens, Chinese cabbage, turnip or forage cabbage.
• Laboratories and testing entities accredited to perform DHE examinations in Spain under CPVO mandate.
• Companies with organic varieties of barley, rye and wheat that already benefit from homogeneity exceptions: no changes, but must confirm that their situation does not vary.
• Technical advisors and plant intellectual property consultants managing registration cases before the Register of Commercial Varieties.

Practical example

A Spanish seed company has in progress a registration case for a new tomato variety whose DHE examination was initiated in April 2026, before the regulation came into force (July 1, 2026).

Thanks to the transitional regime, this company has two options without the need to submit a new application:

1. Continue with the previous protocols: If the tests are already advanced and the variety meets the current criteria, it may be the most efficient option to avoid delaying registration.
2. Opt for the new DHE protocols: If the new criteria are more favorable for the characteristics of your variety, you can request the change at no additional cost of a new application.

On the other hand, a company that submits a new spinach registration application from July 1, 2026 must necessarily apply the new DHE protocols from the start of the process, with no possibility of opting for the previous ones.

What should companies do now?

1. Identify if you have ongoing cases for any of the 9 affected species (turnip, forage cabbage, rice, kale, black cabbage, collard greens, Chinese cabbage, tomato, spinach) with examination initiated before July 1, 2026.
2. Evaluate the convenience of the transitional regime: Consult with your technical team whether the new DHE protocols are more or less favorable for the varieties under examination and decide whether to continue with the previous ones or opt for the new ones.
3. Update internal test protocols for new applications submitted from July 1, 2026, ensuring that the observed characteristics and test methods comply with the modified annexes I and VII.
4. Review the calendar of test campaigns to anticipate whether any case may be affected by the new criteria and plan additional cycles if necessary.
5. If you manage organic varieties of barley, rye or wheat: Confirm that the existing homogeneity exceptions remain unchanged and that your documentation correctly reflects this situation.

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-2026-12697