SCHEDULE 4Registration of varieties

Duration and renewal of registrationI17

1

Registration of a variety is valid—

a

in the case of a genetically modified variety, for the period for which the genetically modified organism of which the variety F1consists—

i

is authorised for cultivation pursuant to Regulation (EC) No 1829/2003 or the GMO Regulations, or

ii

has, before the day on which implementation period completion day falls, been authorised for cultivation pursuant to Directive 2001/18/EC; or

b

otherwise until the end of the 30th calendar year from the date of acceptance.

2

But sub-paragraph (1) does not apply if the registration is—

a

renewed in accordance with sub-paragraph (3) or (4) (as appropriate);

b

revoked in accordance with paragraph 8.

3

Subject to sub-paragraph (4), the Welsh Ministers may, on the basis of a written application, renew the registration for a further period of 30 years if—

a

the variety is distinct, uniform and stable;

b

there is material of that variety available on the market.

4

In the case of a genetically modified variety—

a

any renewal of registration must be subject to a condition that the respective genetically modified organism continues to be authorised for cultivation pursuant to F2... Regulation (EC) No 1829/2003;

b

the renewal period must be limited to the period of authorisation of the genetically modified organism concerned.

5

Subject to sub-paragraph (4), the Welsh Ministers may renew the registration in the absence of a written application if satisfied renewal serves to preserve genetic diversity and sustainable production.