2A

In respect of a conservation variety, the requirement in paragraph (1) to base acceptance on to a National List on the results of official measures does not apply if the National Authorities are satisfied that other information is sufficient for such acceptance.

b

the variety is stable and sufficiently uniform as described in paragraphs 2 and 3 of Part I of Schedule 2, and distinct as described in—

i

paragraph 1A of that Part, in the case of a conservation variety; or

ii

paragraph 1 of that Part, in any other case;

ca

in respect of a conservation variety, it presents an interest for the conservation of plant genetic resources;

3A

The National Authorities shall not accept a plant variety as a conservation variety on to a National List if—

a

it is already listed in the Common Catalogue of varieties of agricultural plant species as a variety other than a conservation variety;

b

having been so listed, it has been deleted from that Catalogue and it is less than two years since the deletion or the expiry of any extended period for certification and marketing granted by the Secretary of State, the Scottish Ministers, the Welsh Ministers, the Department of Agriculture and Rural Development or the competent seed certification authority in another member State in accordance with Article 15(2) of the Common Catalogue Directive; or

c

it is protected by a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 on Community plant variety rights6 or by plant breeders’ rights granted under the Plant Varieties Act 19977, or where an application for such rights has been made but not finally determined.