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1.Where, on the entry into force of this Directive, varieties have not been accepted for inclusion in the Common Catalogue of varieties of vegetable species, and official examinations started prior to that date in accordance with the provisions of either
(a)Directive 72/168/EEC or
(b)the CPVO guidelines listed in Annex I or the UPOV guidelines listed in Annex II, according to the species,
the varieties concerned shall be deemed to fulfil the requirements of this Directive.
2.Paragraph 1 shall only apply where the trials lead to the conclusion that the varieties comply with the rules set out in either
(a)Directive 72/168/EEC or
(b)the CPVO guidelines listed in Annex I or the UPOV guidelines listed in Annex II, according to the species.