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

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Duration and renewal of registration

7.—(1) Registration of a variety is valid—

(a)in the case of a genetically modified variety, for the period for which 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; or

(b)otherwise until the end of the 30th calendar year from the date of acceptance.

(2) But sub-paragraph (1) does not apply if the registration is—

(a)renewed in accordance with sub-paragraph (3) or (4) (as appropriate);

(b)revoked in accordance with paragraph 8.

(3) Subject to sub-paragraph (4), the Welsh Ministers may, on the basis of a written application, renew the registration for a further period of 30 years if—

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

(b)there is material of that variety available on the market.

(4) In the case of a genetically modified variety—

(a)any renewal of registration must be subject to a condition that the respective genetically modified organism continues to be authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003;

(b)the renewal period must be limited to the period of authorisation of the genetically modified organism concerned.

(5) Subject to sub-paragraph (4), the Welsh Ministers may renew the registration in the absence of a written application if satisfied renewal serves to preserve genetic diversity and sustainable production.

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