S.L. 433.27 Art. 5Substantive requirements for acceptance of a landrace or variety as a conservation variety. S.L. 433.23 S.L. 433.23 S.L. 433.23 S.L. 433.23

(1) In order to be accepted as a conservation variety, as referred to in regulation 2(2), a landrace or variety shall present an interest for the conservation of plant genetic resources.

(2) The Directorate may adopt its own provisions as regards distinctness, stability and uniformity of conservation varieties by way of derogation from regulation 3(1)(a) and (b) of the Examination of Varieties of Vegetable Species Regulations. In such cases, the Directorate shall ensure that for the purpose of distinctness and stability, at least the characteristics referred to in the following shall apply:

(a) the technical questionnaires associated with the test protocols of the Community Plant Variety Office

(CPVO) listed in Schedule I to the Examination of

Varieties of Vegetable Species Regulations, which apply 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 Schedule II to the Examination of Varieties of Vegetable Species Regulations, which apply to those species.

(3) The provisions contained under the Examination of

Varieties of Vegetable Species Regulations shall apply with regard to the assessment of uniformity. 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 apply.