11.—(1) From 30th September 2012, a supplier must not market any plant material unless it is of a variety that is—
(a)subject to a grant of plant breeders’ rights in any member State or is the subject of an application for such rights;
(b)registered in accordance with Schedule 2 or is the subject of an application for such registration;
(c)registered in any other member State in accordance with Article 7(2)(c) of Council Directive 2008/90/EC or is the subject of an application for such registration; or
(d)included in the supplier’s list and—
(i)has no intrinsic value for commercial crop production; or
(ii)is marketed by the supplier prior to 30th September 2012.
(2) A supplier who markets plant material in accordance with paragraph (1)(d)(i) must ensure that it is accompanied by a document stating that it is marketed in accordance with the second paragraph of Article 7(2) of Council Directive 2008/90/EC, or it is labelled to that effect.