Regulation 8 Description of plant material

(1)

No supplier shall market plant material except with reference to either the group of plants or the variety to which it belongs.

(2)

Where a supplier markets plant material with reference to the group of plants to which it belongs, the reference shall be made in such a way as to avoid confusion with any of the references to variety described in paragraph (3) below.

(3)

Where a supplier markets plant material with reference to the variety to which it belongs, the reference shall be—

(a)

in the case of a commonly known variety which is the subject of a grant of plant breeders' rights, to the official denomination of the variety;

(b)

in the case of a variety which is the subject of an application for plant breeders' rights, to the breeders' reference or proposed name of the variety;

(c)

subject to paragraph (4) below, in the case of any other variety, based on the description of the variety on a written list kept by a supplier which includes—

(i)

the name of the variety and, where appropriate, its commonly known synonyms;

(ii)

a description of the variety, having regard to the Annex to Commission Directive 93/78/EEC^f1;

(iii)

indications as to the maintenance of the variety and the propagation system applied; and

(iv)

any indications as to how the variety differs from the other varieties most closely resembling it.

(4)

Sub-paragraphs (3)(c)(iii) and (iv) above shall not apply to a supplier engaged only in the marketing of plant material.

Annotations

Footnotes

f1: Commission Directive 93/78/EEC setting out additional implementing provisions for lists of varieties of ornamental plant propagating material and ornamental plants, as kept by suppliers under Council Directive 91/682/EEC (OJ No. L256, 14.10.93, p.19).