Commission Directive 2002/8/EC of 6 February 2002 amending Directives 72/168/EEC and 72/180/EEC concerning the characteristics and minimum conditions for examining vegetable and agricultural varieties respectively
Date: 2002-02-06
Institutions: European Commission
Subjects: agricultural product nomenclature, crop production, marketing, plant health control, seed, vegetable

7.2.2002

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Official Journal of the European Communities

L 37/7

COMMISSION DIRECTIVE 2002/8/EC

of 6 February 2002

amending Directives 72/168/EEC and 72/180/EEC concerning the characteristics and minimum
conditions for examining vegetable and agricultural varieties respectively

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Directive 70/457/EEC of 29
September 1970 on the common catalogue of varieties of
agricultural plant species (1), as last amended by Directive 98/
96/EC (2), and in particular Article 7(2) thereof,

Having regard to Council Directive 70/458/EEC of 29
September 1970 on the marketing of vegetable seed (3), as last
amended by Directive 98/96/EC, and in particular Article 7(2)
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

for

Commission Directives 72/168/EEC of 14 April 1972
on determining the characteristics and minimum condi-
tions
inspecting vegetable varieties (4) and 72/
180/EEC of 14 April 1972 determining the characteris-
tics and minimum conditions for examining agricultural
varieties (5) have established, with a view to official
acceptance of the varieties in the Member States' cata-
logues, the characteristics to be covered as a minimum
by the examinations of the various species, as well as the
minimum requirements for carrying out the examina-
tions.

relating to the

Test guidelines
examinations have
recently been issued by the Administrative Council of
the Community Plant Variety Office established by
Council Regulation (EC) No 2100/94 of 27 July 1994
on Community plant variety rights (6), as amended by
Regulation (EC) No 2506/95 (7),
in respect of certain
species.

It is necessary to establish consistency between the test
guidelines, on the one hand, and the determination of
the characteristics to be covered as a minimum by the
examination of
the species and also the minimum
requirements for carrying out those examinations, on
the other.

Directives 72/168/EEC and 72/180/EEC should therefore
be amended accordingly.

The new provisions should also apply to the varieties
which have not been accepted by 31 March 2002 for
inclusion in the common catalogues.

The measures provided for in this Directive are in
accordance with the opinion of the Standing Committee

(1) OJ L 225, 12.10.1970, p. 1.
(2) OJ L 25, 1.2.1999, p. 27.
(3) OJ L 225, 12.10.1970, p. 7.
(4) OJ L 103, 2.5.1972, p. 6.
(5) OJ L 108, 8.5.1972, p. 8.
(6) OJ L 227, 1.9.1994, p. 1.
(7) OJ L 258, 28.10.1995, p. 3.

on Seeds and Propagating Material
Horticulture and Forestry,

for Agriculture,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 72/168/EEC is hereby amended as follows:

1. Article 1 is replaced by the following:

‘Article 1

1. Member States shall provide that the official examina-
tions carried out for the acceptance of varieties shall cover
at least the following characteristics:

(a) for

tomato (Lycopersicon lycopersicum L. Karsten ex.
Farw.), leek (Allium porrum L.), French beans (Phaseolus
vulgaris L.), cabbage (Brassica oleracea L. convar. Capitata
(L.) Alef.), cauliflower (Brassica oleracea L. convar. Botrytis
(L.) Alef. Var. botrytis L.) and lettuce (Lactuca sativa L.),
those characteristics listed in the respective test guide-
lines entitled “Protocol for Distinctness, Uniformity and
Stability Tests”, issued by the Administrative Council of
the Community Plant Variety Office pursuant to Article
56 of Council Regulation (EC) No 2100/94 (*), and
published in the Official Gazette of the Community
Plant Variety Office.

All the characteristics shall be referred to, providing that
observation of a characteristic is not rendered impos-
sible by the expression of any other characteristic, and
providing that the expression of a characteristic is not
prevented by the environmental conditions under which
the test is conducted. This provision is without prejudice
to the application of provisions governing vegetable
varieties.

(b) for other vegetable species, those characteristics listed in

Annex I.

2. Member States shall ensure that:

(a) in respect of the vegetable species listed in point (a) of
paragraph 1, the minimum requirements for carrying
out
trial design and
growing conditions, as laid down in the test guideline
referred to in paragraph 1, point (a), are fulfilled at the
time of the examinations;

the examinations in respect of

(b) in respect of other vegetable species,

the minimum
requirements for carrying out the examinations, as listed
in Annex II, are fulfilled at the time of the examinations.

(*) OJ L 227, 1.9.1994, p. 1.’

L 37/8

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Official Journal of the European Communities

7.2.2002

2. In Annex I, points 2, 9, 12, 13, 14, 26, 29 and 33 are

2. In Annex I, Part A:

deleted.

3. In Annex II, Part A, points 2, 9, 12, 13, 14, 26, 29 and

33 are deleted.

Article 2

Directive 72/180/EEC is hereby amended as follows.

1. Article 1 is replaced by the following:

‘Article 1

1. Member States shall provide that the official exami-
nations carried out for the acceptance of varieties shall
cover at least the following characteristics:

(a) in respect of the characteristics as regards the exam-

ination of distinctness, stability and uniformity:
(i) for wheat

(Triticum aestivum L.) and maize (Zea
mays L.), those characteristics listed in the respec-
tive test guidelines entitled “Protocol for Distinct-
ness, Uniformity and Stability Tests”, issued by the
Administrative Council of
the Community Plant
Variety Office pursuant to Article 56 of Council
Regulation (EC) No 2100/94 (*), and published in
the Official Gazette of
the Community Plant
Variety Office.
All
to,
the
providing that observation of a characteristic is
not rendered impossible by the expression of any
other characteristic, and providing that the expres-
sion of a characteristic is not prevented by the
environmental conditions under which the test is
conducted. This provision is without prejudice to
the application of provisions governing agricul-
tural varieties.

characteristics

referred

shall

be

(ii) for other agricultural plant species, those charac-

teristics listed in Annex I, Part A;

(b) in respect of the characteristics as regards the exam-
those

the value for cultivation and use,

ination of
listed in Annex I, Part B.

2. Member States shall ensure that:

(a) in respect of wheat (Triticum aestivum L.) and maize
(Zea mays L.), the minimum requirements for carrying
out
trial design and
growing conditions, as laid down in the test guide-
lines referred to in paragraph 1, point (a), under (i),
are fulfilled at the time of the examinations;

the examinations in respect of

(b) in respect of other agricultural plant

the
minimum requirements for carrying out the examina-
tions, as listed in Annex II, are fulfilled at the time of
the examinations.

species,

(*) OJ L 227, 1.9.1994, p. 1.’

(a) the words ‘Soft whea’ and ‘Triticum aestivum L.’ under

point 39 are deleted;

(b) point 41 is deleted.

3. In Annex II:

(a) the words ‘3.1 Autogamous species’ are replaced by
than

‘3.1 Self-pollinating species other

the words
wheat’;

(b) point 3.3 is deleted.

Article 3

1. Member States shall bring into force the laws, regula-
tions or administrative provisions necessary to comply with
this Directive by 31 March 2002 at the latest. They shall
forthwith inform the Commission thereof.

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

these measures,

This Directive shall apply to all varieties which have
2.
not been accepted by 31 March 2002 for inclusion in the
common catalogue of varieties of vegetable species or in the
common catalogue of varieties of agricultural plant species
respectively.

Where the official examinations carried out for the accep-
tance of the varieties have started prior to that date, either
wholly or partially in accordance with the original provisions
the varieties
of Directives 72/168/EEC or 72/180/EEC,
concerned shall not be required to undergo new examination
to demonstrate compliance with the new provisions.

3. Member States shall communicate to the Commission
the text of the main provisions of domestic law they adopt
in the field covered by this Directive.

Article 4

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

This Directive is addressed to the Member States.

Article 5

Done at Brussels, 6 February 2002.

For the Commission

David BYRNE

Member of the Commission