3.—(1) The Secretary of State must register a variety with an official description if satisfied that—
(a)the variety is distinct, uniform and stable;
(b)a sample of the variety is available; and
(c)in relation to genetically modified varieties, the genetically modified organism of which the variety consists [F1—
(i)is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 or the GMO regulations, or
(ii)before the day on which IP completion day falls has been authorised for cultivation pursuant to Directive 2001/18/EC.]
(2) The Secretary of State must base acceptance that a variety is distinct, uniform and stable on the results of growing trials in accordance with paragraph 6.
(3) Growing trials are not required where the Secretary of State is satisfied, on the basis of information submitted by the application, that an official description established by a responsible body [F2elsewhere in the United Kingdom or in another country which is a member of UPOV] fulfils the conditions for registration required by sub-paragraph (1).
(4) The Secretary of State may register a variety that has been marketed within the European Union prior to 30th September 2012 provided that variety has an officially recognised description.
Textual Amendments
F1Words in Sch. 4 para. 3(1)(c) substituted (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(14)(a) (as amended by S.I. 2020/1388, regs. 1(2)(a), 29(6)(f)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Sch. 4 para. 3(3) substituted (E.) (31.12.2020) by The Marketing of Seeds and Plant Propagating Material (Amendment) (England and Wales) (EU Exit) Regulations 2019 (S.I. 2019/131), regs. 1, 8(14)(b); 2020 c. 1, Sch. 5 para. 1(1)