7.—(1) Plant material is of a variety that may be marketed if the variety fulfils one or more of the requirements of paragraph (2).
(2) The variety must—
(a)have been granted plant variety rights;
(b)be registered as a variety;
(c)be the subject of an application for—
(i)plant variety rights; or
(ii)registration as a variety;
(d)have been marketed prior to 30th September 2012 within the European Union and have an officially recognised description; or
(e)in relation to varieties with no intrinsic value for commercial crop production being marketed within the United Kingdom—
(i)have an officially recognised description; and
(ii)is CAC material.
(3) A supplier who markets plant material of a variety described in paragraph (2)(e) must ensure the plant material is accompanied by a supplier’s document stating that it is marketed in accordance with the second paragraph of Article 7(2) of Directive 2008/90/EC.
(4) In this regulation, “registered as a variety” (and “registration” is to be construed accordingly) means—
(a)registration in England as a variety in accordance with Schedule 4; or
(b)registration outside England as a variety by the responsible authority in the country or territory in accordance with Article 4 of Directive 2014/97/EU.