The Seeds (National Lists of Varieties) Regulations 2001

Regulation 5(3)(b) and (c)

SCHEDULE 2 U.K. DISTINCTNESS, STABILITY, SUFFICIENT UNIFORMITY AND SATISFACTORY VALUE FOR CULTIVATION AND USE

Part I U.K. Distinctness, stability and sufficient uniformity

Distinctness U.K.

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 [F1 European Union] 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 [F1 European Union] at the time when an application for acceptance of a variety is duly made, but is no longer known in the [F1 European Union] when that application is determined, for the purpose of determining distinctness as part of that application the variety no longer known in the [F1 European Union] shall be disregarded.

Textual Amendments

F1 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

[F2 1A.— (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 or Directive 2003/91 applicable to the species in question, or

(b) the technical questionnaires of the test guidelines listed in Annex II to those Directives, applicable to the species in question.

(2) In this paragraph—

(a) “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, and

(b) “Directive 2003/91” means Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species, as amended from time to time.]

Textual Amendments

F2 Sch. 2 Pt. 1 para. 1A substituted (1.4.2011) by The Seeds (National Lists of Varieties) (Amendment) Regulations 2011 (S.I. 2011/464), regs. 1, 2(7)

Stability U.K.

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.

Sufficient uniformity U.K.

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.

Part II U.K. Satisfactory value for cultivation and use

Satisfactory value for cultivation and use U.K.

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.

Satisfactory value for cultivation and use of component varieties of varietal associations U.K.

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 III U.K. Varieties National Authorities do not need to be satisfied are of satisfactory value for cultivation and use

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; F3 ...

(d) any variety intended for use only as a component of a final plant variety; [F4 or

(e) any conservation variety].

Textual Amendments

F3 Word 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)

F4 Words 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)