The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

Duration and renewal of acceptance

This section has no associated Policy Notes

6.—(1) The registration of a variety with an official description or, as the case may be, the renewal of such a registration, is valid—

(a)for the period up to the end of the 30th calendar year from the date of registration or renewal; or

(b)in the case of genetically modified varieties, for the shorter of either—

(i)the period up to the end of the 30th calendar year from the date of registration or renewal; or

(ii)the period during which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2) The Scottish Ministers may—

(a)renew registration in accordance with sub-paragraph (3) or (4); or

(b)revoke registration in accordance with paragraph 7.

(3) The Scottish Ministers may, following an application made in writing to them, renew the registration of a variety with an official description for a period described in sub-paragraph (1), provided that—

(a)the requirements of distinctness, uniformity and stability are still satisfied in respect of the variety; and

(b)there is still material of that variety available on the market.

(4) The Scottish Ministers may renew the registration in the absence of a written application where they are satisfied that renewal serves to preserve genetic diversity and sustainable production and the conditions mentioned in sub-paragraph (3) are met.