(222) Proposal to amend Article 40.4 to avoid an unintended conflict with Article 40.2

Abstract

There appears to be a direct conflict between Art. 40.2 and 40.4 of the Shenzhen Code (Turland & al. in Regnum Veg. 159. 2018) related to the indication of the type for valid publication of names published on or after 1 January 2007. Article 40.2 states “[…] indication of the type as required by Art. 40.1 can be achieved by reference to an entire gathering, or a part thereof, even if it consists of two or more specimens […] [emphasis added]”. In contrast, Art. 40.4 states “For the purpose of Art. 40.1, the type of a name of a new species or infraspecific taxon […] may be an illustration prior to 1 January 2007; on or after that date, the type must be a specimen (except as provided in Art. 40.5) [emphasis added]”. In our view, the emphasized language in Art. 40.4 is intended to make it clear that illustrations may not be types for names published after 2006. However, as written, it seems to provide a new rule that on and after 1 January 2007, a type may not be indicated by reference to an entire gathering that consists of more than one specimen, thereby limiting the application of Art. 40.2. In our view, this is not the intended meaning of Art. 40.4. “40.4. For the purpose of Art. 40.1, the type of a name of a new species or infraspecific taxon (fossils excepted: see Art. 8.5) may be an illustration prior to 1 January 2007; for names published on or after that date, the type must be a specimen may not be an illustration (except as provided in Art. 40.5).”