The Seeds (Variety Lists) Regulations (Northern Ireland) 2020

Regulation 5(5)(b) and (c)

SCHEDULE 2 Distinctness, stability, sufficient uniformity and satisfactory value for cultivation and use

PART 1 Distinctness, stability and sufficient uniformity

Distinctness

1.—(1) A plant variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable in one or more important characteristics from any other variety known in the European Union or accepted onto an official register of plant varieties corresponding to an NI Variety List in a country outside the United Kingdom with similar growing conditions at the time when the application for acceptance of the variety is duly made.

(2) The characteristics of a variety must be capable of precise recognition and precise definition.

(3) Where a variety is known in the European Union at the time when an application of a variety is duly made, but is no longer known in the European Union when that application is determined, for the purpose of determining distinctness as part of that application the variety no longer known in the European Union shall be disregarded.

2.—(1) A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—

(a) the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 or Directive 2003/91 applicable to the species in question; or

(b) the technical questionnaires of the test guidelines listed in Annex II to those Directives, applicable to the species in question.

(2) In this paragraph—

(a) “Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species, as amended from time to time; and

(b) “Directive 2003/91” means Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species, as amended from time to time.

Stability

3.  A variety shall be regarded as stable if, after successive propagation or multiplications, or where the applicant has defined a particular cycle of propagations or multiplications, at the end of each cycle, it remains true to the description of its essential characteristics.

Sufficient uniformity

4.  A plant variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are, account being taken of the distinctive features of the reproductive system of the plants, similar or genetically identical as regards the characteristics, taken as a whole, considered by the Department for the purposes of determining whether the variety is sufficiently uniform.

PART 2 Satisfactory value for cultivation and use

Satisfactory value for cultivation and use

5.—(1) The values of a variety for cultivation or use shall be regarded as satisfactory if compared to other varieties accepted in an NI Variety List its qualities taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops.

(2) Where other superior characteristics are present, individual inferior characteristics may be disregarded.

Satisfactory values for cultivation and use of component varieties of varietal associations

6.—(1) Where a variety is intended solely for use as a component of a varietal association the value of the variety for cultivation or use shall be regarded as satisfactory if, compared to other varieties accepted in an NI Variety List, the qualities of the varietal association taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops resulting from the varietal association.

(2) Where other superior characteristics are present in the varietal association, individual inferior characteristics in it may be disregarded.

PART 3 Varieties the Department does not need to be satisfied are of satisfactory value for cultivation and use

7.  Part 2 does not apply to—

(a) varieties of vegetables;

(b) varieties if grasses not intended for production of fodder plants if the applicant declares that the seed of the variety is not intended for the production of fodder plants;

(c) any plant variety whose seed is to be marketed in a member State which has already accepted it on to a list corresponding to an NI Variety List, having regard to its value for cultivation and use;

(d) any variety intended for use only as a component of a final plant variety; or

(e) any conservation variety.