Regulation 5 Acceptance of plant varieties

(1)

Subject to the following paragraphs, the Department shall base acceptance of a variety on to an NI Variety List on the results of official measures, particularly growing trials, carried out in respect of the variety by or on behalf of the Department or by or on behalf of a competent authority in any member State.

(2)

The Department may base acceptance of a variety on to an NI Variety List on the results of official growing trials conducted by competent authorities outside Northern Ireland if the Department is satisfied that those growing trials are of equivalent standards to those carried out by or on behalf of the Department.

(3)

In respect of a B List vegetable variety the Department may also take into consideration the results of unofficial tests and knowledge gained from practical experience during cultivation.

(4)

In respect of a conservation variety, the requirement in paragraph (1) to base acceptance on to an NI Variety List on the results of official measures does not apply if the Department is satisfied that other information is sufficient for such acceptance.

(5)

The Department shall not accept a plant variety on to an NI Variety List unless it is satisfied that—

(a)

the variety is a variety of a species specified in Part 1 of Schedule 1;

(b)

the variety is stable and sufficiently uniform as described in paragraphs 3 and 4 of Part 1 of Schedule 2, and distinct as described in—

(i)

paragraph 2 of that Part, in the case of a conservation variety; or

(ii)

paragraph 1 of that Part, in any other case;

(c)

in respect of any variety other than a variety referred to in Part 3 of Schedule 2, the variety is of satisfactory value for cultivation and use as described in Part 2 of that Schedule;

(d)

in respect of a conservation variety, it presents an interest for the conservation of plant genetic resources;

(e)

in respect of a genetically modified variety, it has been accepted for marketing in accordance with the relevant legislation;

(f)

in respect of a variety other than a genetically modified variety any material to be derived from which is intended for use as a food, or a food ingredient, within the meaning of Article 1(2) of the Novel Foods Regulation, the food or food ingredient intended to be so derived is authorised pursuant to the relevant legislation;

(g)

it has a name suitable for publication in the Gazette (and notwithstanding a conservation variety may have more than one name if the names concerned are historically known and so suitable for publication); and

(h)

in respect of a variety other than a B list vegetable variety widely known on 1 January 1973, there is a maintainer of the variety accepted in accordance with regulation 8.

(6)

The Department shall not accept a plant variety as a conservation variety on to an NI Variety List if—

(a)

it is already listed in the Common Catalogue or an NI Variety List as a variety other than a conservation variety;

(b)

having been so listed, it has been deleted from the Common Catalogue or that NI Variety List and it is less than two years since the deletion or the expiry of any extended period for certification and marketing granted by the Department or the competent seed certification authority in a member State in accordance with Article 15(2) of the Common Catalogue Directive or Article 15(2) of the Vegetable Seed marketing Directive; or

(c)

it is protected by Community plant variety right as provided for in Council Regulation (EC) No 2100/94 on Community plant variety rights^f1 or by plant breeders’ rights granted under the Plant Varieties Act 1997, or where an application for such rights has been made but not finally determined.

(7)

The Department may refuse to accept a plant variety on to an NI Variety List, whether or not it is satisfied of the matters in respect of the variety specified in paragraph (3), if it is satisfied that—

(a)

the refusal is required by virtue of any provision of national law justified on the grounds of the protection of health and life of humans, animals or plants; or

(b)

cultivation of the variety could be harmful, in relation to plant health, to the cultivation of other varieties or species.

(8)

The Department may determine that the acceptance of a variety in accordance with the Common Catalogue Directive or the Vegetable Seed Marketing Directive on to a list published in a member State corresponding to a National List is equivalent to acceptance for inclusion on an NI Variety List and, where it so determines, may accept the variety on to an NI Variety List.

(9)

The Department shall inform the applicant of an acceptance or refusal to accept a variety under this regulation, or a determination under paragraph (8), and of the reasons.

(10)

The Department may make arrangements for the purpose of enabling any person to act under the Department’s supervision in carrying out any function of the Department under these Regulations, including functions in relation to the administration and determination of any application under these Regulations, the examination or inspection of any documents, records or material, the service of notices, the provision of information and the issue of approvals.

(11)

The Department must not make an arrangement under paragraph (10) unless it is satisfied that provision is made for the purpose of preventing the person with whom the arrangement is made, and any other person, from—

(a)

deriving any private gain from any official measures carried out under the arrangement; and

(b)

carrying out any official measures under the arrangement except under the supervision of the Department.

Annotations

Footnotes

f1: OJ No L 227, 1.9.94, p. 1.