of December 7, 2016 No. 918
About approval of criteria of prohibition of distribution of plant varieties in Ukraine
According to article 14 of the Law of Ukraine "About protection of the rights to plant varieties" the Cabinet of Ministers of Ukraine decides:
Approve criteria of prohibition of distribution of plant varieties in Ukraine which are applied.
Prime Minister of Ukraine
Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 7, 2016 No. 918
1. Criteria of prohibition of distribution of plant varieties in Ukraine are:
discrepancy to conditions of difference, uniformity and stability;
dissatisfaction of requirement of society;
threat of life and to human health;
causing damage to plant and animal life, preserving the surrounding environment.
2. Discrepancy of plant varieties to conditions of difference, uniformity and stability is determined by the following criteria:
1) if the grade with manifestation of signs accurately does not differ from any other grade which is considered well-known (extended in certain territory in any state; it is represented by sample in public collection, data on manifestations of which signs became public in the world by their description in any publication; to which legal protection and/or which is entered in the official register of grades in any state is provided);
2) if taking into account features of its reproduction of plant of grade fully or partially lost similarity on the main signs given in the description of grade, or the quantity of atypical plants exceeds the established regulation for the corresponding botanical taxons;
3) if its main signs specified in the description of grade change after numerous reproduction or in case of special cycle of reproduction at the end of each such cycle.
3. Grades which have the following characteristics are considered as the grades which are not satisfying requirement of society:
productivity of grade which is noted during conducting qualification examination is, less, than the average productivity of grades determined for each group of ripeness, undergone the state registration for five previous years, at size of the lower value of confidential interval which is calculated by technique of conducting qualification (technical) examination of plant varieties on suitability to distribution in Ukraine, except grade which on resistance to diseases and wreckers, stressful factors of cultivation (winter hardiness, drought resistance, heat resistance, cold constancy), other economic and useful signs and indicators which are determined in the course of qualification examination considerably exceeds the specified grades;
qualitative indexes of grade yield to qualitative indexes of the grades which underwent the state registration in the last five years;
which stability of grades against causative agents of diseases, wreckers and stressful factors of cultivation does not exceed the established limiting borders.
4. Grades which pose threat of life and to human health are grades which conversion products:
contains hazardous substances;
it is dangerous to power supply;
it is used for production of narcotic and toxic agents when it is forbidden by the legislation.
5. Grades which do harm to plant and animal life, preserving the surrounding environment are:
grades which uncontrollable reproduction promotes distribution of area of wild types and contamination of crops of cultural plants;
the grades capable to accumulate source of infection and as a result to create conditions of emergence of epiphytoties;
grades which vegetative and generative organs contain special specific substances which stimulate reproduction of wreckers and it creates conditions of emergence of epizooty;
the grades created by method of genetic engineering which contain genetically modified designs on condition of cultivation have the unexplored nature of origin that can cause undesirable effects.
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