Commission Directive 2003/91/EC of 6 October 2003 setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of vegetable species (Text with EEA relevance)
Date: 2003-10-06
Institutions: European Commission
Subjects: Community Plant Variety Office, Community certification, catalogue, market gardening, plant health control

8.10.2003

EN

Official Journal of the European Union

L 254/11

COMMISSION DIRECTIVE 2003/91/EC

of 6 October 2003

setting out implementing measures for the purposes of Article 7 of Council Directive 2002/55/EC
as regards the characteristics to be covered as a minimum by the examination and the minimum
conditions for examining certain varieties of vegetable 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 2002/55/EC of 13 June
2002 on the marketing of vegetable seed (1), as amended by
Directive 2003/61/EC (2), and in particular Article 7(2)(a) and
(b) thereof,

(6)

(7)

(8)

It is appropriate to base the Community system on the
in so far as CPVO has not yet
UPOV test guidelines,
developed specific guidelines. National
law applies for
the species not covered by this Directive.

Directive 72/168/EEC should therefore be repealed.

The measures provided for in this directive are in accor-
dance with the opinion of the Standing Committee on
Seeds and Propagating Material for Agriculture, Horticul-
ture and Forestry,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Directive 72/168/EEC of 14 April 1972
determining the characteristics and minimum conditions
for examining vegetable varieties (3), as amended by
Directive 2002/8/EC (4) has established, with a view to
official acceptance of the varieties in the Member States'
catalogues,
to be covered as a
minimum by the examinations of the various species, as
well as the minimum requirements for carrying out the
examinations.

the characteristics

Test guidelines relating to the conditions for the exami-
nation of the varieties have been issued by the Adminis-
trative Council of the Community Plant Variety Office
(CPVO) established by Council Regulation (EC) No
2100/94 of 27 July 1994 on Community plant variety
rights (5), as last amended by Regulation (EC) No 1650/
2003 (6), in respect of certain species.

Test guidelines establishing the conditions for the exami-
nations of the varieties exist at international level. The
International Union for the Protection of New Varieties
of Plants (UPOV) has developed test guidelines.

Directive 72/168/EEC was amended by Directive 2002/
8/EC to ensure consistency between the CPVO test
guidelines and the conditions for examining the varieties
with a view to their acceptance in the national catalo-
gues of varieties of the Member States, as far as CPVO
test guidelines had been established. The CPVO has since
issued guidelines for a number of other species.

It
is appropriate to ensure consistency between the
CPVO test guidelines and the conditions for the varieties,
with a view to their acceptance into national catalogues
of the Member States.

(1) OJ L 193, 20.7.2002, p. 23.
(2) OJ L 165, 3.7.2003, p. 23.
(3) OJ L 103, 2.5.1972, p. 6.
(4) OJ L 37, 7.2.2002, p. 7.
(5) OJ L 227, 1.9.1994, p. 1.
(6) OJ L 245, 29.9.2003, p. 28.

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. Member States shall provide for
the inclusion in a
national catalogue within the meaning of Article 3(2) of Direc-
tive 2002/55/EC of varieties of vegetable species which fulfil
the requirements set out in paragraph 2.

2.

As regards distinctness, stability and uniformity:

(a) the species listed in Annex I shall comply with the condi-
tions laid down in the ‘Protocols for distinctness, uniformity
and stability tests’ of the Administrative Council of the
Community Plant Variety Office (CPVO)
listed in that
Annex;

(b) the species listed in Annex II shall comply with the test
guidelines for the conduct of tests for distinctness, unifor-
mity and stability of the International Union for the Protec-
tion of new Varieties of Plants (UPOV) listed in that Annex.

Article 2

All the varietal characteristics within the meaning of Article
1(2)(a), and any characteristics which are marked by an asterisk
(*) in the test guidelines referred to in Article 1(2)(b) shall be
used, providing that observation of a characteristic is not
rendered impossible by the expression of any other characteris-
tics, and providing that the expression of a characteristic is not
prevented by the environmental conditions under which the
test is conducted.

Article 3

Member States shall ensure that in respect of the species listed
in Annexes I and II, the minimum requirements for carrying
out the examinations in respect of trial design and growing
conditions, as laid down in the test guidelines referred to in
those Annexes are fulfilled at the time of the examinations.

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Official Journal of the European Union

8.10.2003

Directive 72/168/EEC is repealed.

Article 4

Paragraph 1 shall only apply where the trials lead to the
2.
conclusion that the varieties comply with the rules set out in
either

Article 5

(a) Directive 72/168/EEC or

1. Member States shall bring into force the laws, regulations
or administrative provisions necessary to comply with this
Directive by 31 March 2004 at the latest. They shall forthwith
inform the Commission thereof.

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

2. 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 6

1. Where, on the entry into force of this Directive, varieties
have not been accepted for inclusion in the Common Catalogue
of varieties of vegetable species, and official examinations
started prior to that date in accordance with the provisions of
either

(b) the CPVO guidelines listed in Annex I or the UPOV guide-

lines listed in Annex II, according to the species.

Article 7

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

Article 8

This Directive is addressed to the Member States.

(a) Directive 72/168/EEC or

Done at Brussels, 6 October 2003.

(b) the CPVO guidelines listed in Annex I or the UPOV guide-

lines listed in Annex II, according to the species,

the varieties concerned shall be deemed to fulfil the require-
ments of this Directive.

For the Commission

David BYRNE

Member of the Commission

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Official Journal of the European Union

L 254/13

ANNEX I

LIST OF SPECIES WHICH SHALL COMPLY WITH CPVO TEST GUIDELINES

Leek, protocol TP/85/1 of 15.11.2001

Melon, protocol TP/104/1 of 27.3.2002

Asparagus, protocol TP/130/1 of 27.3.2002

Cucumber/Gherkin, protocol TP/61/1 of 27.3.2002

Cauliflower, protocol TP/45/1 of 15.11.2001

Sprouting broccoli, protocol TP/151/1 of 27.3.2002

Brussels sprouts, protocol TP/54/1 of 27.3.2002

Savoy cabbage, protocol TP/48/1 of 15.11.2001

Cabbage, protocol TP/48/1 of 15.11.2001

Red cabbage, protocol TP/48/1 of 15.11.2001

Carrot, protocol TP/49/6 of 27.3.2002

Lettuce, protocol TP/13/1 of 15.11.2001

Tomato, protocol TP/44/2 of 15.11.2001

French bean, protocol TP/12/1 of 15.11.2001

Radish, protocol TP/64/6 of 27.3.2002

Spinach, protocol TP/55/6 of 27.3.2002

Chili/Capsicum/Pepper, protocol TP/76/1 of 27.3.2002

Endive, protocol TP/118/1 of 27.3.2002

salad/Lamb's

Corn
27.3.2002

lettuce,

protocol TP/75/6

of

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

ANNEX II

LIST OF SPECIES WHICH SHALL COMPLY WITH UPOV TEST GUIDELINES

Chive/Welsh onion/Japanese bunching onion, guideline
TG/161/3 of 1.4.1998

Garlic, guideline TG/162/4 of 4.4.2001

Celery, guideline TG/82/4 of 17.4.2002

Spinach beet/Chard/Leaf beet, guideline TG/106/3 of
7.10.1987

Beetroot, guideline TG/60/6 of 18.10.1996

Curly kale, guideline TG/90/6 of 17.4.2002

Kohlrabi, guideline TG/65/4 of 17.4.2002

Chinese cabbage, guideline TG/105/4 of 9.4.2003

Turnip, guideline TG/37/10 of 4.4.2001

Witloof chicory, guideline TG/173/3 of 5.4.2000

Watermelon, guideline TG/142/3 of 26.10.1993

Gourd/Pumpkin, guideline TG/155/3 of 18.10.1996

Marrow/Squash, guideline TG/119/4 of 17.4.2002

Artichoke, guideline TG/184/3 of 4.4.2001

Fennel, guideline TG/183/3 of 4.4.2001

Parsley, guideline TG/136/4 of 18.10.1991

Runner bean, guideline TG/9/5 of 9.4.2003

Pea, guideline TG/7/9 of 4.11.1994 (and correction
18.10.1996)

Rhubarb, guideline TG/62/6 of 24.3.1999

Scorzonera/Black
21.10.1988

salsify,

guideline

TG/116/3

of

Leaf chicory, guideline TG/154/3 of 18.10.1996

Aubergine/Egg plant, guideline TG/117/4 of 17.4.2002

Industrial chicory, guideline TG/172/3 of 4.4.2001

Broad bean, guideline TG/206/1 of 9.4.2003

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