The Seeds (National Lists of Varieties) Regulations 2001

Records

15.—(1) The Secretary of State shall keep a record of each application for acceptance of a variety on to a National List containing—

(a) the date on which the application was received by the National Authorities and the reference number given to it by the Secretary of State for the purposes of these Regulations;

(b) the date on which details of the application were published in the Gazette;

(c) the name and address of the applicant;

(d) the description of the characteristics of the plant variety provided by the applicant;

(e) the proposed name of the variety as published in the Gazette; and

(f) such other information as appears to the Secretary of State to be desirable.

(2) Subject to paragraph (3) below, in respect of each variety accepted on to a National List the Secretary of State shall keep a record of—

(a) the information contained in the record kept under paragraph (1) above of the application for acceptance of the variety;

(b) the species, name and description of the variety and, so far as the National Authorities are aware, any other name by which the variety is known;

(c) the date of acceptance of the variety on to the National List and a summary of all the facts on which the acceptance was based;

(d) in respect of a genetically modified variety, the reference number under which the variety was accepted for marketing in accordance with Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;

(e) in respect of a variety any material to be derived from which is intended for use as a food, or a food ingredient, within the meaning of article 1(2) of Council Regulation (EC) 258/97 concerning novel foods and novel food ingredients, the reference under which the material may be placed on the market under that Regulation;

(f) the date on which the acceptance of the variety on to the National List is due to expire;

(g) the name and address of any maintainer of the variety or a reference sufficient to enable their name and address to be ascertained;

(h) each—

(i) renewal of the variety under regulation 13;

(ii) revocation of the acceptance of the variety under regulation 14; and

(iii) deletion of the reference to the name of a person as the maintainer of the variety under regulation 14; and

(i) such other information as appears to the Secretary of State to be desirable.

(3) Where, for the purposes of a relevant decision under these Regulations in relation to a variety, examination of the components of the variety is necessary in order to study hybrids and synthetic varieties, the Secretary of State shall ensure, if the applicant concerned in respect of that determination so requests, that she excludes from the record kept in respect of the variety under paragraph (2) above and treats as confidential the results of the examination and the description of the components.

(4) The description in paragraph (2)(b) above shall be the description obtained in the course of the official examination of the variety for the purposes of determining whether it is distinct, stable and sufficiently uniform.

(5) Subject to paragraph (3) above, the Secretary of State shall disclose a record kept under this regulation on payment of any fee charged by the National Authorities under regulation 10 for the disclosure of the record.