The Seeds (National Lists of Varieties) Regulations 2001

Applications in relation to National Lists

4.—(1) Applications shall be made to the National Authorities in accordance with the following provisions of this regulation for acceptance by the National Authorities—

(a) of a plant variety of a species specified in Part I of Schedule 1 on to a National List;

(b) of a renewal of an acceptance of the kind referred to in subparagraph (a) above;

(c) of an amendment—

(i) to any information published in a National List in relation to a variety accepted on to the List; or

(ii) to any information included in an application already made but not yet determined by the National Authorities;

(d) of a change by a maintainer of a variety on a National List to the name of the variety; or

(e) of a change to the reference in the List to any maintainer of the variety.

(2) The application shall be in a legible form and—

(a) shall include such information and documents relevant to the application as the National Authorities may require for the purpose of determining the application; and

(b) shall be accompanied by any fee prescribed under regulation 10 in relation to the application.

(3) An application for acceptance of a plant variety on to a National List shall include—

(a) such reproductive or other material of the plant variety, and of any of its components; and

(b) where a previous application has been made in another Member State for acceptance of the plant variety concerned on any list published in that state corresponding to a National List, such copies of the documents and information relating to the previous application,

as the National Authorities may require for the purpose of determining the application.

(4) An application for—

(a) a change to the reference in a National List to a maintainer of a variety on the List; or

(b) the addition of a reference in a National List to a maintainer of a variety on the List,

shall include such reproductive or other material of the plant variety, and of any of its components, as the National Authorities may require for the purpose of determining the application.

(5) If any document required by paragraphs (2)(a) or (3)(b) above to be included with an application is in a language other than English the National Authorities may require it to be accompanied by a complete and adequate translation into the English language.

(6) If the National Authorities have reasonable grounds for believing that any information, document, reproductive or other material of a plant variety relating to but not included with an application referred to in paragraph (1) above is necessary or desirable for the purpose of determining the application, the National Authorities may, by notice to the applicant specifying the information, document or material, require the information, document or material to be given to them within such reasonable period as may be so specified.

(7) If an applicant—

(a) fails to comply with a notice under paragraph (6) above; or

(b) fails to pay any fee prescribed under regulation 10 in relation to the application, within such period as may be specified for the payment of the fee under that regulation,

the application shall be treated as if it had been withdrawn.

(8) Where a person has made an application under this regulation in respect of any matter relating to a variety he may not make another application in respect of that matter until the previous application has been finally determined or withdrawn.