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The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017

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Registration

3.—(1) The Welsh Ministers must register a variety with an official description if satisfied that—

(a)the variety is distinct, uniform and stable;

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

(c)in relation to 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) The Welsh Ministers must base acceptance that a variety is distinct, uniform and stable on the results of growing trials in accordance with paragraph 6.

(3) Growing trials are not required where the Welsh Ministers are satisfied, on the basis of information submitted by the application, that an official description established by a responsible body outside Wales fulfils the conditions for registration required by sub-paragraph (1).

(4) The Welsh Ministers may register a variety that has been marketed within the European Union prior to 30 September 2012 provided that variety has an officially recognised description.

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