Commission Directive 2003/90/EC of 6 October 2003 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)
Date: 2003-10-06
Institutions: European Commission
Subjects: Community Plant Variety Office, catalogue, cataloguing, crop production

8.10.2003

EN

Official Journal of the European Union

L 254/7

COMMISSION DIRECTIVE 2003/90/EC

of 6 October 2003

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)

(2)

(3)

(4)

Commission Directive 72/180/EEC of 14 April 1972
determining the characteristics and minimum conditions
for examining varieties of agricultural plant species (2), as
amended by Directive 2002/8/EC (3), has established,
with a view to official acceptance of the varieties in the
to be
Member States' catalogues,
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 (4), as last amended by Regulation (EC) No 1650/
2003 (5), 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 72/180/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.

(1) OJ L 193, 20.7.2002, p. 1.
(2) OJ L 108, 8.5.1972, p. 8.
(3) OJ L 37, 7.2.2002, p. 7.
(4) OJ L 227, 1.9.1994, p. 1.
(5) OJ L 245, 29.9.2003, p. 28.

(5)

(6)

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.

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

(7)

Directive 72/180/EEC should therefore be repealed.

(8)

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,

HAS ADOPTED THIS DIRECTIVE:

Article 1

1. Member States shall provide for
the inclusion in a
national catalogue, within the meaning of Article 3(1) of Direc-
tive 2002/53/EC, of varieties of agricultural plant species which
fulfil the requirements set out in paragraphs 2 and 3.

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.

3.
As regards the value for cultivation or use, the varieties
shall comply with the conditions laid down in Annex III,
without prejudice to Article 4(2) of the Directive.

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Article 2

Article 6

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.

Article 4

Directive 72/180/EEC is repealed.

Article 5

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.

1. Where, on the entry into force of this Directive, varieties
have not been accepted for inclusion in the Common Catalogue
of varieties of agricultural plant species, and official examina-
tions started prior to that date in accordance with the provi-
sions of either

(a) Directive 72/180/EEC or

(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.

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

(a) Directive 72/180/EEC or

(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.

This Directive is addressed to the Member States.

Article 8

Done at Brussels, 6 October 2003.

For the Commission

David BYRNE

Member of the Commission

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ANNEX I

LIST OF SPECIES WHICH SHALL COMPLY WITH CPVO TEST GUIDELINES

Sunflower, protocol TP-8 of 31.10.2002

Durum wheat, protocol TP-120 of 27.3.2002

Barley, protocol TP-19 of 27.3.2002

Rye, protocol TP-58 of 31.10.2002

Maize, protocol TP-02 of 15.11.2001

Wheat, protocol TP-03/2 of 27.3.2002

Potato, protocol TP-23 of 27.3.2002

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

Fodder beet, guideline TG/150/3 of 4.11.1994

Velvet bent, guideline TG/30/6 of 12.10.1990

Red top, guideline TG/30/6 of 12.10.1990

Creeping bent, guideline TG/30/6 of 12.10.1990

Brown top, guideline TG/30/6 of 12.10.1990

Rescue grass, guideline TG/180/3 of 4.4.2001

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

Cocksfoot, guideline TG/31/8 of 17.4.2002

Tall fescue, guideline TG/39/8 of 17.4.2002

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

Meadow fescue, guideline TG/39/8 of 17.4.2002

Red fescue, guideline TG/67/4 of 12.11.1980

Italian ryegrass, guideline TG/4/7 of 12.10.1990

Perennial ryegrass, guideline TG/4/7 of 12.10.1990

Hybrid ryegrass, guideline TG/4/7 of 12.10.1990

Timothy, guideline TG/34/6 of 7.11.1984

Smooth-stalked meadowgrass/Kentucky bluegrass, guide-
line TG/33/6 of 12.10.1990

Field pea, guideline TG/7/9 of 4.11.1994 (and correc-
tion 18.10.1996)

Red clover, guideline TG/5/7 of 4.4.2001

White clover, guideline TG/38/7 of 9.4.2003

Field bean, guideline TG/8/6 of 17.4.2002

Common vetch, guideline TG/32/6 of 21.10.1988

Swede, guideline TG/89/6 of 4.4.2001

Fodder radish, guideline TG/178/3 of 4.4.2001

Groundnut/Peanut, guideline TG/93/3 of 13.11.1985

Turnip rape, guideline TG/185/3 of 17.4.2002

Swede rape, guideline TG/36/6 of 18.10.1996 (and
correction 17.4.2002)

Safflower, guideline TG/134/3 of 12.10.1990

Cotton, guideline TG/88/6 of 4.4.2001

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

Opium poppy, guideline TG/166/3 of 24.3.1999

White mustard, guideline TG/179/3 of 4.4.2001

Soya bean, guideline TG/80/6 of 1.4.1998

White lupin, guideline TG/66/3 of 14.11.1979

Oats, guideline TG/20/10 of 1.10.1994

Blue lupin, guideline TG/66/3 of 14.11.1979

Rice, guideline TG/16/4 of 13.11.1985

Yellow lupin, guideline TG/66/3 of 14.11.1979

Sorghum, guideline TG/122/3 of 6.10.1989

Lucerne, guideline TG/6/4 of 21.10.1988

Triticale, guideline TG/121/3 of 6.10.1989

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

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CHARACTERISTICS AS REGARDS THE EXAMINATION OF THE VALUE FOR CULTIVATION OR USE

ANNEX III

1. Yield.

2. Resistance to harmful organisms.

3. Behaviour with respect to factors in the physical environment.

4. Quality characteristics.

The methods used shall be specified when the results are submitted.