Commission Implementing Directive 2014/97/EUShow full title

Article 4 Conditions for registration of varieties

1. Member States shall ensure that a variety is registered as a variety with an official description if it fulfils the following requirements:

(a) it is distinct, uniform and stable within the meaning of paragraph 2;

(b) a sample of the variety is available; and

(c) as regards genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

2. A variety shall be considered as:

(a) ‘distinct’ where it is clearly distinguishable, by reference to the expression of the characteristics that result from a particular genotype or combination of genotypes, from any other variety commonly known at the date of the application referred to in Article 5;

(b) ‘uniform’ where, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description;

(c) ‘stable’ where the expression of the characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remain unchanged after repeated propagation or, in the case of micropropagation at the end of each cycle.