Article 6 Exclusion of acceptance

A conservation variety shall not be accepted for inclusion in the national catalogue of varieties if:

1. (a)

   it is already listed in the common catalogue of varieties of vegetable species as a variety other than a conservation variety, or it was deleted from that common catalogue within the last 2 years, or the period granted under Article 15(2) of Directive 2002/55/EC expired less than 2 years ago; or

2. (b)

   it is protected by a Community plant variety right, as provided for in Council Regulation (EC) No 2100/94^f1, or by a national plant variety right, or an application for such a right is pending.