I. – Where reproductive or vegetative propagating material or a harvested product has been sold or made available to third parties in any form whatsoever by the breeder or with his consent, for the purposes of exploitation of the variety, for more than twelve months on French territory or on the territory of the European Economic Area, the variety shall not be deemed to be new.
Where such sale by the breeder or with his consent or such delivery to third parties has taken place in another territory, for the purposes of exploitation of the variety, for more than four years prior to the date of filing of the application for a plant variety certificate, or in the case of trees and vines for more than six years prior to the said date, the variety shall not be deemed to be new.
II. – The following are not considered to be delivery to third parties within the meaning of I: delivery for statutory purposes of material of the variety to an official or officially authorised body, delivery to third parties for the purposes of experimentation or presentation at an officially recognised exhibition, provided, in the latter two cases, that the breeder has expressly stipulated the prohibition of commercial exploitation of the variety whose material has been delivered.