Article 4
1
Member States shall ensure that a variety is accepted only if it is distinct, stable and sufficiently uniform.
In the case of industrial chicory, the variety must be of satisfactory value for cultivation and use.
2
In the case of a genetically modified variety within the meaning of Article 2(1) and (2) of Council Directive 90/220/EEC the variety shall be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.
3
Further, when material derived from a plant variety is intended to be used in food falling within the scope of Article 3, or in feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of
22 September 2003
on genetically modified food and feed
, the variety shall be accepted only if it has been approved in accordance with that Regulation.
4
In the interest of conserving plant genetic resources as specified in Article 44(2), the Member States may depart from the acceptance criteria set out in the first subparagraph of paragraph 1 in so far as specific conditions are established in accordance with the procedure referred to in Article 46 considering the requirements of Article 44(3).
OJ L 268, 18.10.2003, p. 1 .
Substituted by Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (Text with EEA relevance).