The Marketing of Fruit Plant Material Regulations 2010

Regulation 10

SCHEDULE 2Registration of varieties of fruit plant

Registration

1.—(1) The appropriate authority may register a variety of fruit plant if satisfied that—

(a)it is distinct, uniform and stable (within the meaning of paragraphs 5 to 7); and

(b)it has a description conforming to international standards for that variety.

(2) The appropriate authority may register any other variety if it is included in a supplier’s list and marketed in the United Kingdom before 30th September 2012.

Additional requirements for genetically modified varieties

2.  Before registering a genetically modified variety of fruit plant, the appropriate authority must be satisfied that the genetically modified organism contained in that variety has been authorised pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

Additional requirements for products to be used as genetically modified food or feed

3.—(1) This regulation applies to any variety of fruit plant from which products are derived for use as, or in—

(a)food within the scope of Article 3 of Regulation (EC) No 1829/2003; or

(b)feed within the scope of Article 15 of that Regulation.

(2) Before registering any such variety, the appropriate authority must be satisfied that the food or feed has been authorised pursuant to that Regulation.

Removal from the register

4.—(1) The appropriate authority must revoke the registration of a variety if—

(a)the person who applied for registration so requests;

(b)it is no longer distinct, uniform or stable;

(c)there is no longer available any material of that variety that is sufficiently uniform or which corresponds to the description of the variety accepted by the appropriate authority at the time of registration;

(d)false or misleading information material to the acceptance of the variety on to the register was provided to the appropriate authority in connection with the application for registration; or

(e)in the case of any genetically modified variety, the genetically modified organism contained in that variety ceases to be authorised pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2) But paragraphs (a) and (c) of sub-paragraph (1) do not apply if the appropriate authority is satisfied that the variety should remain on the register in the interests of preserving the genetic diversity of varieties.

Distinctness

5.  The variety is distinct if it is clearly distinguishable by one or more characteristics which are capable of a precise description from any other variety whose existence is a matter of common knowledge at the time of the application for registration.

Uniformity

6.  The variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in those characteristics which are included in the examination for distinctness.

Stability

7.  The variety is stable if those characteristics which are included in the examination for distinctness, as well as any others used for the variety description, remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

Interpretation

8.  In this Schedule—

“Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(1); and

“Regulation (EC) No 1829/2003” means Regulation (EC) No 1829/2003 on genetically modified food and feed(2).