S.L. 433.8 ст. 6Specific requirements for varieties.

(1) Propagation material and fruit trees shall be marketed with a reference to the variety to which they belong. Where, in the case of rootstocks, the material does not belong to a variety, reference shall be made to the species or interspecific hybrid concerned.

(2) The varieties to which reference shall be made pursuant to sub-regulation (1) shall be:

(a) legally protected by a plant variety right in accordance with provisions on the protection of new varieties;

(b) officially registered pursuant to sub-regulation (4); or

(c) commonly known; a variety is considered to be commonly known if:

(i) it has been officially registered in another Member State;

(ii) it is the subject of an application for official registration in any Member State, or of an application for a plant variety right referred to in paragraph (a); or

(iii) it has already been marketed before 30th September 2012 in Malta or in another Member State, provided that it has an officially recognised description:

Provided that reference pursuant to sub-regulation (1) may also be made to a variety of no intrinsic value for commercial crop production in so far as the variety has an officially recognised description and the propagation material and fruit trees are marketed as CAC material in the territory of Malta and are identified by a reference to this regulation on the label or document.

(3) As far as possible, each variety shall bear the same denomination in all Member States, in accordance with the implementing measures which may be adopted in accordance with the procedure of Article 19(2) of Council Directive 2008/90/EC or, in their absence, in accordance with accepted international guidelines.

(4) (a) Varieties may be officially registered if they have been found to satisfy certain officially approved conditions and have an official description. They may also be officially registered if their material has been already marketed before the 30th September 2012 in the territory of Malta, provided that they have an officially recognised description.

(b) A genetically modified variety may be officially registered only if the genetically modified organism of which it consists has been authorised pursuant to Council Directive 2001/18/EC as transposed in the Deliberate Release into the Environment of Genetically Modified Organisms Regulations, (hereinafter referred to as ‘the Deliberate Release Regulations’) or pursuant to Regulation (EC) No 1829/