# L_2005331EN.01002401.xml

| 17.12.2005 | EN | Official Journal of the European Union | L 331/24 |
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17.12.2005

EN

Official Journal of the European Union

L 331/24

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COMMISSION DIRECTIVE 2005/91/EC

of 16 December 2005

amending Directive 2003/90/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (1), and in particular Article 7(2) (a) and (b) thereof,

Whereas:

| (1) | Commission Directive 2003/90/EC (2) was adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties that Directive provides that the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV) are to apply. |
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(1)

Commission Directive 2003/90/EC (2) was adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties that Directive provides that the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV) are to apply.

| (2) | The CPVO has since established further guidelines for a number of other species. |
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(2)

The CPVO has since established further guidelines for a number of other species.

| (3) | Directive 2003/90/EC should therefore be amended accordingly. |
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(3)

Directive 2003/90/EC should therefore be amended accordingly.

| (4) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry, |
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(4)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annexes I and II to Directive 2003/90/EC are replaced by the text in the Annex to this Directive.

Article 2

For examinations started before 1 April 2006, Member States may decide to apply the text of Directive 2003/90/EC applying before its amendment by the present Directive.

Article 3

Member States shall adopt and publish, by 31 March 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 April 2006.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 4

This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 16 December 2005.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  
  OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

1

(2)  
  OJ L 254, 8.10.2003, p. 7.

2

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ANNEX

‘ANNEX I

List of species which shall comply with CPVO test guidelines

| Species listed in the Common Catalogue | CPVO protocol |
| --- | --- |
| Field pea | Pea, TP 7/1 of 6.11.2003 |
| Swede rape | Oilseed rape, TP 36/1 of 25.3.2004 |
| Sunflower | Sunflower, TP 81/1 of 31.10.2002 |
| Oats | Oats, TP 20/1 of 6.11.2003 |
| Barley | Barley, TP 19/2 of 6.11.2003 |
| Rice | Rice, TP 16/1 of 18.11.2004 |
| Rye | Rye, TP 58/1 of 31.10.2002 |
| Triticale | Triticale, TP 121/1 of 6.11.2003 |
| Wheat | Wheat, TP 3/3 of 6.11.2003 |
| Durum wheat | Durum wheat, TP120/2 of 6.11.2003 |
| Maize | Maize, TP 2/2 of 15.11.2001 |
| Potato | Potato, TP 23/1 of 27.3.2002 |

Species listed in the Common Catalogue

CPVO protocol

Field pea

Pea, TP 7/1 of 6.11.2003

Swede rape

Oilseed rape, TP 36/1 of 25.3.2004

Sunflower

Sunflower, TP 81/1 of 31.10.2002

Oats

Oats, TP 20/1 of 6.11.2003

Barley

Barley, TP 19/2 of 6.11.2003

Rice

Rice, TP 16/1 of 18.11.2004

Rye

Rye, TP 58/1 of 31.10.2002

Triticale

Triticale, TP 121/1 of 6.11.2003

Wheat

Wheat, TP 3/3 of 6.11.2003

Durum wheat

Durum wheat, TP120/2 of 6.11.2003

Maize

Maize, TP 2/2 of 15.11.2001

Potato

Potato, TP 23/1 of 27.3.2002

The text of these protocols can be found on the CPVO web site (www.cpvo.eu.int).

‘ANNEX II

List of species which shall comply with UPOV test guidelines

| Species listed in the Common Catalogue | UPOV guidelines |
| --- | --- |
| Fodder beet | Fodder beet, guideline TG/150/3 of 4.11.1994 |
| Velvet bent | Bent, guideline TG/30/6 of 12.10.1990 |
| Red top | Bent, guideline TG/30/6 of 12.10.1990 |
| Creeping bent | Bent, guideline TG/30/6 of 12.10.1990 |
| Brown top | Bent, guideline TG/30/6 of 12.10.1990 |
| Rescue grass | Rescue grass, guideline TG/180/3 of 4.4.2001 |
| Alaska brome-grass | Alaska brome-grass, guideline TG/180/3 of 4.4.2001 |
| Cocksfoot | Cocksfoot, guideline TG/31/8 of 17.4.2002 |
| Tall fescue | Tall fescue, guideline TG/39/8 of 17.4.2002 |
| Sheep’s fescue | Sheep's fescue, guideline TG/67/4 of 12.11.1980 |
| Meadow fescue | Meadow fescue, guideline TG/39/8 of 17.4.2002 |
| Red fescue | Red fescue, guideline TG/67/4 of 12.11.1980 |
| Italian ryegrass | Ryegrass, guideline TG/4/7 of 12.10.1990 |
| Perennial ryegrass | Ryegrass, guideline TG/4/7 of 12.10.1990 |
| Hybrid ryegrass | Ryegrass, guideline TG/4/7 of 12.10.1990 |
| Timothy | Timothy, guideline TG/34/6 of 7.11.1984 |
| Smooth-stalked meadow grass | Kentucky bluegrass, guideline TG/33/6 of 12.10.1990 |
| White lupin | White lupin, guideline TG/66/4 of 31.3.2004 |
| Blue lupin | Blue lupin, guideline TG/66/4 of 31.3.2004 |
| Yellow lupin | Yellow lupin, guideline TG/66/4 of 31.3.2004 |
| Lucerne | Lucerne, guideline TG/6/5 of 6.4.2005 |
| Red clover | Red clover, guideline TG/5/7 of 4.4.2001 |
| White clover | White clover, guideline TG/38/7 of 9.4.2003 |
| Field bean | Field bean, guideline TG/8/6 of 17.4.2002 |
| Common vetch | Common vetch, guideline TG/32/6 of 21.10.1988 |
| Swede | Swede, guideline 89/6 of 4.4.2001 |
| Fodder radish | Fodder radish, guideline TG/178/3 of 4.4.2001 |
| Groundnut/Peanut | Groundnut, guideline TG/93/3 of 13.11.1985 |
| Turnip rape | Turnip rape, guideline TG/185/3 of 17.4.2002 |
| Safflower | Safflower, guideline TG/134/3 of 12.10.1990 |
| Cotton | Cotton, guideline TG/88/6 of 4.4.2001 |
| Flax/Linseed | Flax/Linseed, guideline TG/57/6 of 20.10.1995 |
| Opium poppy | Opium/Seed poppy, guideline TG/166/3 of 24.3.1999 |
| White mustard | White mustard, guideline TG/179/3 of 4.4.2001 |
| Soya bean | Soya bean, guideline TG/80/6 of 1.4.1998 |
| Sorghum | Sorghum, guideline TG/122/3 of 6.10.1989 |

Species listed in the Common Catalogue

UPOV guidelines

Fodder beet

Fodder beet, guideline TG/150/3 of 4.11.1994

Velvet bent

Bent, guideline TG/30/6 of 12.10.1990

Red top

Bent, guideline TG/30/6 of 12.10.1990

Creeping bent

Bent, guideline TG/30/6 of 12.10.1990

Brown top

Bent, guideline TG/30/6 of 12.10.1990

Rescue grass

Rescue grass, guideline TG/180/3 of 4.4.2001

Alaska brome-grass

Alaska brome-grass, guideline TG/180/3 of 4.4.2001

Cocksfoot

Cocksfoot, guideline TG/31/8 of 17.4.2002

Tall fescue

Tall fescue, guideline TG/39/8 of 17.4.2002

Sheep’s fescue

Sheep's fescue, guideline TG/67/4 of 12.11.1980

Meadow fescue

Meadow fescue, guideline TG/39/8 of 17.4.2002

Red fescue

Red fescue, guideline TG/67/4 of 12.11.1980

Italian ryegrass

Ryegrass, guideline TG/4/7 of 12.10.1990

Perennial ryegrass

Ryegrass, guideline TG/4/7 of 12.10.1990

Hybrid ryegrass

Ryegrass, guideline TG/4/7 of 12.10.1990

Timothy

Timothy, guideline TG/34/6 of 7.11.1984

Smooth-stalked meadow grass

Kentucky bluegrass, guideline TG/33/6 of 12.10.1990

White lupin

White lupin, guideline TG/66/4 of 31.3.2004

Blue lupin

Blue lupin, guideline TG/66/4 of 31.3.2004

Yellow lupin

Yellow lupin, guideline TG/66/4 of 31.3.2004

Lucerne

Lucerne, guideline TG/6/5 of 6.4.2005

Red clover

Red clover, guideline TG/5/7 of 4.4.2001

White clover

White clover, guideline TG/38/7 of 9.4.2003

Field bean

Field bean, guideline TG/8/6 of 17.4.2002

Common vetch

Common vetch, guideline TG/32/6 of 21.10.1988

Swede

Swede, guideline 89/6 of 4.4.2001

Fodder radish

Fodder radish, guideline TG/178/3 of 4.4.2001

Groundnut/Peanut

Groundnut, guideline TG/93/3 of 13.11.1985

Turnip rape

Turnip rape, guideline TG/185/3 of 17.4.2002

Safflower

Safflower, guideline TG/134/3 of 12.10.1990

Cotton

Cotton, guideline TG/88/6 of 4.4.2001

Flax/Linseed

Flax/Linseed, guideline TG/57/6 of 20.10.1995

Opium poppy

Opium/Seed poppy, guideline TG/166/3 of 24.3.1999

White mustard

White mustard, guideline TG/179/3 of 4.4.2001

Soya bean

Soya bean, guideline TG/80/6 of 1.4.1998

Sorghum

Sorghum, guideline TG/122/3 of 6.10.1989

The text of these guidelines can be found on the UPOV web site (www.upov.int).

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