OpenLegislation

Paragraph 2 Distinctness

Original text. Later amendments are not shown.

(1)

A plant variety of a conservation variety is regarded as distinct if it satisfies the characteristics referred to in—

(a)

the technical questionnaires associated with the test protocols listed in Annex I to Directive 2003/90 or Directive 2003/91 applicable to the species in question; or

(b)

the technical questionnaires of the test guidelines listed in Annex II to those Directives, applicable to the species in question.

(2)

In this paragraph—

(a)

“Directive 2003/90” means Commission Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species, as amended from time to time; and

(b)

“Directive 2003/91” means Commission Directive 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species, as amended from time to time.