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 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 species8, as amended from time to time.