1.A variety shall be regarded as distinct if, whatever the origin, artificial or natural, of the initial variation from which it has resulted, it is clearly distinguishable on one or more important characteristics from any other variety known in the Community.The characteristics of a variety must be capable of precise recognition and precise definition.A variety known in the Community shall be any variety which, at the time when the application for the acceptance of the variety to be assessed is duly made, is:
—either listed in the common catalogue of varieties of agricultural plant species or the catalogue of varieties of vegetable species; or
—without being listed in one of those catalogues, has been accepted or submitted fro acceptance in the Member State in question or in another Member State, either for certification and marketing, or for certification for other countries,
unless the conditions are no longer fulfilled in all the Member States concerned before the decision on the application for acceptance of the variety to be assessed is taken.