The Seeds (National Lists of Varieties) Regulations 2001

Acceptance of plant varieties

5.—(1) Subject to the following provisions of this regulation, the National Authorities shall base acceptance of a variety on to a National List on the results of official measures, particularly growing trials, carried out in respect of the variety by or on behalf of the National Authorities or by or on behalf of a competent authority in any other member State.

(2) In respect of a B List vegetable variety the National Authorities may also take into consideration the results of unofficial tests and knowledge gained from practical experience during cultivation.

(3) The National Authorities shall not accept a plant variety on to a National List unless they are satisfied that—

(a) the variety is a variety of a species specified in Part I of Schedule 1;

(b) the variety is distinct, stable and sufficiently uniform as described in Part I of Schedule 2;

(c) in respect of any variety other than a variety referred to in Part III of Schedule 2, the variety is of satisfactory value for cultivation and use as described in Part II of that Schedule;

(d) in respect of a genetically modified variety, it has been 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(1) concerning novel foods and novel food ingredients, the food or food ingredient intended to be so derived is authorised pursuant to that Council Regulation;

(f) it has a name suitable, in accordance with regulation 6, for publication in the Gazette; and

(g) in respect of a variety other than a B list vegetable variety widely known on 1 January 1973, there is a maintainer of the variety accepted in accordance with regulation 7.

(4) The National Authorities may refuse to accept a plant variety on to a National List, whether or not they are satisfied of the matters in respect of the variety specified in paragraph (3) above, if they are satisfied that—

(a) the refusal is required by virtue of any provision of national law justified on grounds of the protection of health and life of humans, animals or plants; or

(b) cultivation of the variety could be harmful, in relation to plant health, to the cultivation of other varieties or species.

(5) The National Authorities may determine that the acceptance of a variety in accordance with the Common Catalogue Directive or the Vegetable Seed Marketing Directive on to a list published in another member State corresponding to a National List is equivalent to acceptance for inclusion on a National List and, where they so determine, may accept the variety on to a National List.

(6) The National Authorities shall inform the applicant of an acceptance or refusal to accept a variety under this regulation, or a determination under paragraph (5) of this regulation, and of the reasons.

(7) Any function of the National Authorities under these Regulations, including functions in relation to the administration and determination of any application under these Regulations, the examination or inspection of any documents, records or material, the service of notices, the provision of information and the issue of approvals, may be discharged with the agreement of the other National Authorities by any one or more of the National Authorities acting on their behalf.

(1)

OJ No. L43, 14.2.1997, p. 1.