CELEX: 32007L0048
Language: en
Date: 2007-07-26 00:00:00
Title: Commission Directive 2007/48/EC of 26 July 2007 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)

27.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 195/29
            
         
      COMMISSION DIRECTIVE 2007/48/EC
   of 26 July 2007
   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.
            
         
               (2)
            
            
               The CPVO and UPOV have since established further guidelines for a number of other species or have updated existing ones.
            
         
               (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,
            
         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 November 2007 Member States may apply Directive 2003/90/EC in the version applying before its amendment by this Directive.
   Article 3
   Member States shall adopt and publish, by 31 October 2007 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 November 2007.
   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, 26 July 2007.
      
         
            For the Commission
         
         Markos KYPRIANOU
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 193, 20.7.2002, p. 1. Directive as last 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. Directive as amended by Directive 2005/91/EC (OJ L 331, 17.12.2005, p. 24).
   
      ANNEX
      ‘
            ANNEX I
            List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols
            
                        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 121/2 of 22.1.2007
                     
                  
                        Wheat
                     
                     
                        Wheat, TP 3/3 of 6.11.2003
                     
                  
                        Durum wheat
                     
                     
                        Durum wheat, TP 120/2 of 6.11.2003
                     
                  
                        Maize
                     
                     
                        Maize, TP 2/2 of 15.11.2001
                     
                  
                        Potato
                     
                     
                        Potato, TP 23/2 of 1.12.2005
                     
                  
                        Flax/Linseed
                     
                     
                        Flax/Linseed, TP 57/1 of 21.3.2007
                     
                  The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).
         
         
            ANNEX II
            List of species referred to in Article 1(2)(b) which are to 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/67/5 of 5.4.2006
                     
                  
                        Meadow fescue
                     
                     
                        Meadow fescue, guideline TG/39/8 of 17.4.2002
                     
                  
                        Red fescue
                     
                     
                        Red fescue, guideline TG/67/5 of 5.4.2006
                     
                  
                        Italian ryegrass
                     
                     
                        Ryegrass, guideline TG/4/8 of 5.4.2006
                     
                  
                        Perennial ryegrass
                     
                     
                        Ryegrass, guideline TG/4/8 of 5.4.2006
                     
                  
                        Hybrid ryegrass
                     
                     
                        Ryegrass, guideline TG/4/8 of 5.4.2006
                     
                  
                        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 TG 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
                     
                  
                        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).
         ’