A conservation variety shall not be accepted for inclusion in the national catalogues of varieties if:
it is already listed in the common catalogue of varieties of agricultural plant species as a variety other than a conservation variety, or it was deleted from the common catalogue within the last two years, or within the last two years from the expiry of the period granted under Article 15(2) of Directive 2002/53/EC, or
it is protected by a Community plant variety right as provided for in Council Regulation (EC) No 2100/94(1), or by a national plant variety right, or an application for such a right is pending.