Article 19

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1.   If the Office finds that the application does not comply with the provisions of paragraphs 2, 3 and 4 of this Article or with Article 16 of this Regulation, it shall apply Article 17(2) hereof, but shall require the applicant to remedy the deficiencies it has found within such time limit as it may specify. Where those deficiencies are not remedied in good time the Office shall without delay refuse the application, pursuant to Article 61(1)(a) of the basic Regulation.

 

2.  The applicant shall provide the following information in the application form or in the technical questionnaire referred to in Article 16(3)(a), where relevant:

(a) the identity and the contact details of the applicant, his designation as a party to proceedings referred to in Article 2 and, where appropriate, the name and address of the procedural representative;

(b) where the applicant is not the breeder, the name and address of the breeder and his entitlement to apply for the Community plant variety right;

(c) the scientific name of the genus, species or subspecies to which the variety belongs, and the common name;

(d) the variety denomination or, in the absence thereof, the provisional designation;

(e) the location in which the variety was bred or discovered and developed, and the maintenance and the propagation of the variety, including information on the characteristics, the cultivation of any other variety or varieties the material of which has to be used repeatedly for the production of the variety. For material to be used repeatedly for the production of the variety, the applicant may provide the information concerning such material, if he requests so, in the form provided by the Office pursuant to Article 86;

(f) the characteristics of the variety, including the state of expression for certain characteristics based on the technical questionnaire referred to in Article 16(3)(a);

(g) where appropriate, similar varieties and differences from those varieties, which, in the applicant's opinion, are relevant for the technical examination;

(h) additional information that may help distinguishing the variety, including representative colour photos of the variety and other information on the plant material to be examined during the technical examination;

(i) where appropriate, characteristics that have been genetically modified, where the variety concerned represents a genetically modified organism within the meaning of Article 2(2) of Directive 2001/18/EC of the European Parliament and of the Council ( 1 );

(j) the date of any sale or first disposal to others, of varietal constituents or harvested material of the variety, to exploit the variety within the territory of the European Union or in one or more third countries, or to assess whether a variety is new as referred to in Article 10 of the basic Regulation, or a declaration that such sale or first disposal has not yet occurred;

(k) the designation of the authority applied to and the file number of the applications referred to in Article 18(3) of this Regulation;

(l) existing national or regional plant variety rights that have been granted to the variety;

(m) whether an application for the variety concerned has been submitted for listing or registration or a decision has been taken pursuant to Article 5 of Council Directive 68/193/EEC ( 2 ), Article 10 of Council Directive 2002/53/EC ( 3 ), Article 10 of Council Directive 2002/55/EC ( 4 ) and Article 5 of Commission Implementing Directive 2014/97/EU ( 5 ).

3.   The Office may call for any necessary information and documentation, and, if necessary, sufficient drawings or photographs for the conduct of the technical examination within such time limit as it shall specify.

4.   Where the variety concerned represents a genetically modified organism within the meaning of Article 2(2) of Directive 2001/18/EC, the Office may require the applicant to transmit a copy of the written attestation of the responsible authorities stating that a technical examination of the variety under Articles 55 and 56 of the basic Regulation does not pose risks to the environment according to the norms of that Directive.