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)
Date: 2005-12-16
Institutions: European Commission
Subjects: Community Plant Variety Office, Community certification, catalogue, crop production, plant health control

L 331/24

EN

Official Journal of the European Union

17.12.2005

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,

Article 2

Having regard to the Treaty
Community,

establishing the European

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 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.

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

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

in this Directive are in
The measures provided for
accordance with
Standing
the
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry,

opinion

the

of

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.

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.

Done at Brussels, 16 December 2005.

For the Commission

Markos KYPRIANOU
Member of the Commission

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

17.12.2005

EN

Official Journal of the European Union

L 331/25

ANNEX

‘ANNEX I

List of species which shall comply with CPVO test guidelines

Species listed in the Common Catalogue

CPVO protocol

Field pea

Swede rape

Sunflower

Oats

Barley

Rice

Rye

Triticale

Wheat

Durum wheat

Maize

Potato

Pea, TP 7/1 of 6.11.2003

Oilseed rape, TP 36/1 of 25.3.2004

Sunflower, TP 81/1 of 31.10.2002

Oats, TP 20/1 of 6.11.2003

Barley, TP 19/2 of 6.11.2003

Rice, TP 16/1 of 18.11.2004

Rye, TP 58/1 of 31.10.2002

Triticale, TP 121/1 of 6.11.2003

Wheat, TP 3/3 of 6.11.2003

Durum wheat, TP120/2 of 6.11.2003

Maize, TP 2/2 of 15.11.2001

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).

L 331/26

EN

Official Journal of the European Union

17.12.2005

ANNEX II

List of species which shall comply with UPOV test guidelines

Species listed in the Common Catalogue

UPOV guidelines

Fodder beet

Velvet bent

Red top

Creeping bent

Brown top

Rescue grass

Fodder beet, guideline TG/150/3 of 4.11.1994

Bent, guideline TG/30/6 of 12.10.1990

Bent, guideline TG/30/6 of 12.10.1990

Bent, guideline TG/30/6 of 12.10.1990

Bent, guideline TG/30/6 of 12.10.1990

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

Tall fescue

Sheep’s fescue

Meadow fescue

Red fescue

Italian ryegrass

Perennial ryegrass

Hybrid ryegrass

Timothy

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

Ryegrass, guideline TG/4/7 of 12.10.1990

Ryegrass, guideline TG/4/7 of 12.10.1990

Ryegrass, guideline TG/4/7 of 12.10.1990

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

Blue lupin

Yellow lupin

Lucerne

Red clover

White clover

Field bean

Common vetch

Swede

Fodder radish

Groundnut/Peanut

Turnip rape

Safflower

Cotton

White lupin, guideline TG/66/4 of 31.3.2004

Blue lupin, guideline TG/66/4 of 31.3.2004

Yellow lupin, guideline TG/66/4 of 31.3.2004

Lucerne, guideline TG/6/5 of 6.4.2005

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 89/6 of 4.4.2001

Fodder radish, guideline TG/178/3 of 4.4.2001

Groundnut, guideline TG/93/3 of 13.11.1985

Turnip rape, guideline TG/185/3 of 17.4.2002

Safflower, guideline TG/134/3 of 12.10.1990

Cotton, guideline TG/88/6 of 4.4.2001

17.12.2005

EN

Official Journal of the European Union

L 331/27

Species listed in the Common Catalogue

UPOV guidelines

Flax/Linseed

Opium poppy

White mustard

Soya bean

Sorghum

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

Opium/Seed 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

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).’