The State may obtain ex officio, at any time, for the needs of national defence, a licence to exploit a plant variety which is the subject of an application for a certificate or a breeder’s certificate, whether such exploitation is carried out by itself or on its behalf.
The ex officio licence is granted, at the request of the minister responsible for defence, by order of the minister for agriculture. This order lays down the conditions of the licence excluding those relating to the royalties to which its use gives rise. The licence takes effect on the date of the application for the ex officio licence.
Failing amicable agreement, the amount of the royalties shall be set by the judicial authority, determined in accordance with Article L. 623-31.