S.L. 433.36 Art. 3Conditions for the examination of varieties of agricultural plants and vegetables.  S.L. 433.30.      S.L. 433.30.

(1) Varieties of agricultural plant species and vegetable species shall be officially accepted in the national catalogue within the meaning of regulation 6(1) of the Seeds of Agricultural Plants and

Vegetables Regulations after fulfilling the requirements set out below:

(2) (a) As regards distinctness, uniformity and stability, PLANT AND VEGETABLE SPECIES

without prejudice to sub-regulation (2)(b):

(i) the species listed in Schedule I shall comply with the conditions laid down in the Protocols for distinctness, uniformity and stability tests of the Administrative Council of the Community Plant Variety Office, (hereinafter referred to as the "CPVO") which are relevant for the particular species;

(ii) the species listed in Schedule II shall comply with the test guidelines for the conduct of tests for distinctness, uniformity and stability of the International Union for the Protection of New Varieties of Plants (hereinafter referred to as "UPOV") which are relevant for the particular species.

(b) (i) By way of derogation from sub-regulation (2)(a), as regards uniformity, the organic agricultural plant varieties suitable for organic production which belong to the species listed in Schedule IV Part A, may instead comply with the conditions listed in Part B of the said Schedule.

(ii) By way of derogation from sub-regulation (2)(a), as regards uniformity, the organic vegetable varieties suitable for organic production, which belong to the species listed in Schedule VI Part A, may instead comply with the conditions listed in Part B of the said Schedule.

(c) The competent authority shall report to the Commission and the other Member States, by 31st December of each year, until 31st December 2030, on the number of applications for variety registrations and results of the examinations for distinctness, uniformity and stability (DUS) concerning those organic varieties.

(3) (a) As regards the value for cultivation or use, varieties of agricultural plant species listed in Schedules I and II shall comply with the conditions laid down in Schedule III without prejudice to regulation 6(3) of the Seeds of Agricultural Plants and

Vegetables Regulations.

(b) By way of derogation from sub-regulation (2), as regards the value for cultivation or use, organic varieties suitable for organic production which belong to the species listed in Schedule V Part A, may instead comply with the conditions laid down in Part B of the said Schedule.

(c) The competent authority shall report, to the Commission and the other Member States by 31st December of each year, until 31st December 2030, on the number of applications and results of the examinations for the value of cultivation and use (VCU) concerning those organic varieties.

(4) All the varietal characteristics within the meaning of sub-regulation (2)(a)(i) and any characteristics in the UPOV referred to in sub-regulation (2)(a)(ii) shall be used, provided that observation of a characteristic is not rendered impossible by the expression of any other characteristics and provided that the expression of a characteristic is not prevented by the environmental conditions under which the test is conducted.

(5) It shall be ensured that in respect of the species of agricultural plants and vegetables listed in Schedules I and II, the minimum requirements for carrying out the examinations in respect of trial design and growing conditions, as laid down in the test guidelines referred to in the said Schedules, are fulfilled at the time of the examinations.

 Substituted by: SCHEDULE I  L.N.282 of 2023;  (Regulation 3(2)(a)(i)) L.N. 65 of 2025;  L.N. 285 of 2025; CPVO guidelines L.N. 180 of 2026.

The following tables list the genera and species for which CPVO protocols shall apply. These technical protocols can be found on the CPVO website*