CHAPTER II

ACCEPTANCE OF CONSERVATION VARIETIES

Conservation variety
Article 3
Member States may accept in the national catalogues of varieties of agricultural plant species the landraces and varieties referred to in Article 1(1)(a) subject to the requirements provided for in Articles 4 and 5. Such landraces or varieties shall be referred to in the common catalogue of varieties of agricultural plant species as ‘conservation varieties’.

Substantive requirements
Article 4
1
In order to be accepted as a conservation variety, a landrace or variety referred to in Article 1(1)(a) shall present an interest for the conservation of plant genetic resources.
2
By way of derogation from Article 1(2) of Directive 2003/90/EC, Member States may adopt their own provisions as regards distinctness, stability and uniformity of conservation varieties.
In such cases Member States shall ensure that for distinctness and stability at least the characteristics shall apply which are referred to in:
a
the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO) listed in Annex I to Directive 2003/90/EC, which applies to those species, or
b
the technical questionnaires of the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV) listed in Annex II to Directive 2003/90/EC, which applies to those species.
For the assessment of uniformity, Directive 2003/90/EC shall apply.
However, if the uniformity level is established on the basis of off-types, a population standard of 10 % and an acceptance probability of at least 90 % shall be applied.

Procedural requirements
Article 5
By way of derogation from the first sentence of Article 7(1) of Directive 2002/53/EC, no official examination shall be required if the following information is sufficient for the decision on the acceptance of the conservation varieties:
1. the description of the conservation variety and its denomination;
2. the results of unofficial tests;
3. knowledge gained from practical experience during cultivation, reproduction and use, as notified by the applicant to the Member State concerned;
4. other information, in particular from the plant genetic resource authorities or from organisations recognised for this purpose by the Member States.

Exclusion of acceptance
Article 6
A conservation variety shall not be accepted for inclusion in the national catalogues of varieties if:
1. 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
2. it is protected by a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 , or by a national plant variety right, or an application for such a right is pending.

Denomination
Article 7
1
With respect to denominations of conservation varieties which were known before 25 May 2000, Member States may permit derogations from Regulation (EC) No 930/2000, except where such derogations would violate prior rights of a third party which is protected under Article 2 of that Regulation.
2
Notwithstanding Article 9(2) of Directive 2002/53/EC, Member States may accept more than one name for a variety if the names concerned are historically known.

Region of origin
Article 8
1
When a Member State accepts a conservation variety, it shall identify the region or regions in which the variety has historically been grown and to which it is naturally adapted, hereinafter ‘region of origin’. It shall take into account information from plant genetic resource authorities or from organisations recognised for that purpose by the Member States.
Where the region of origin is located in more than one Member States, it shall be identified by all Member States concerned by common accord.
2
The Member State or Member States performing the identification of the region of origin shall notify the identified region to the Commission.

Maintenance
Article 9
Member States shall ensure that a conservation variety must be maintained in its region of origin.
OJ L 227, 1.9.1994, p. 1.