- Latest available (Revised)
- Point in Time (30/06/2009)
- Original (As made)
Version Superseded: 01/04/2011
Point in time view as at 30/06/2009.
There are currently no known outstanding effects for the The Seeds (National Lists of Varieties) Regulations 2001, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 5(3)(b) and (c)
1.—(1) A plant variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable in one or more important characteristics from any other variety known in the Community at the time when the application for acceptance of the variety is duly made.
(2) The characteristics of a variety must be capable of precise recognition and precise definition.
(3) Where a variety is known in the Community at the time when an application for acceptance of a variety is duly made, but is no longer known in the Community when that application is determined, for the purpose of determining distinctness as part of that application the variety no longer known in the Community shall be disregarded.
[F11A.—(1) A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—
(a)the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 applicable to the species in question, or
(b)the technical questionnaires of the test guidelines listed in Annex II to that Directive, applicable to the species in question.
(2) In this paragraph, “Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species, as amended from time to time.]
Textual Amendments
F1Sch. 2 Pt. 1 para. 1A inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 8(1)
2. A variety shall be regarded as stable if, after successive propagation or multiplications, or, where the applicant has defined a particular cycle of propagations or multiplications, at the end of each cycle, it remains true to the description of its essential characteristics.
3. A plant variety shall be regarded as sufficiently uniform if, apart from a very few aberrations, the plants of which it is composed are, account being taken of the distinctive features of the reproductive system of the plants, similar or genetically identical as regards the characteristics, taken as a whole, considered by the National Authorities for the purpose of determining whether the variety is sufficiently uniform.
1.—(1) The value of a variety for cultivation or use shall be regarded as satisfactory if compared to other varieties accepted in a National List its qualities taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops.
(2) Where other superior characteristics are present individual inferior characteristics may be disregarded.
2.—(1) Where a variety is intended solely for use as a component of a varietal association the value of the variety for cultivation or use shall be regarded as satisfactory if compared to other varieties accepted in a National List the qualities of the varietal association taken as a whole offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or as regards the uses which can be made of the crops or the products derived from the crops resulting from the varietal association.
(2) Where other superior characteristics are present in the varietal association individual inferior characteristics in it may be disregarded.
Part II of this Schedule does not apply to—
(a)varieties of vegetables;
(b)varieties of grasses not intended for the production of fodder plants if the applicant declares that the seed of the variety is not intended for the production of fodder plants;
(c)any plant variety whose seed is to be marketed in another member State which has already accepted it on to a list corresponding to a National List, having regard to its value for cultivation and use; F2...
(d)any variety intended for use only as a component of a final plant variety; [F3or
(e)any conservation variety].
Textual Amendments
F2Word in Sch. 2 Pt. 3 omitted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 8(2)(a)
F3Words in Sch. 2 Pt. 3 inserted (30.6.2009) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2009 (S.I. 2009/1273), regs. 1, 8(2)(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: