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Document 02003L0091-20090824

    Consolidated text: 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)

    ELI: http://data.europa.eu/eli/dir/2003/91/2009-08-24

    2003L0091 — EN — 24.08.2009 — 004.001


    This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

    ►B

    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)

    (OJ L 254, 8.10.2003, p.11)

    Amended by:

     

     

    Official Journal

      No

    page

    date

     M1

    COMMISSION DIRECTIVE 2006/127/EC Text with EEA relevance of 7 December 2006

      L 343

    82

    8.12.2006

     M2

    COMMISSION DIRECTIVE 2007/49/EC Text with EEA relevance of 26 July 2007

      L 195

    33

    27.7.2007

     M3

    COMMISSION DIRECTIVE 2008/83/EC Text with EEA relevance of 13 August 2008

      L 219

    55

    14.8.2008

    ►M4

    COMMISSION DIRECTIVE 2009/97/EC Text with EEA relevance of 3 August 2009

      L 202

    29

    4.8.2009




    ▼B

    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,

    Whereas:

    (1)

    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, 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 examinations.

    (2)

    Test guidelines relating to the conditions for the examination of the varieties have been issued by the Administrative 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.

    (3)

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

    (4)

    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 catalogues 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.

    (5)

    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.

    (6)

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

    (7)

    Directive 72/168/EEC should therefore be repealed.

    (8)

    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

    1.  Member States shall provide for the inclusion in a national catalogue within the meaning of Article 3(2) of Directive 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 conditions 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, uniformity and stability of the International Union for the Protection 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 characteristics, 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 72/168/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.

    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

    (a) Directive 72/168/EEC or

    (b) the CPVO guidelines listed in Annex I or the UPOV guidelines listed in Annex II, according to the species,

    the varieties concerned shall be deemed to fulfil the requirements 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 72/168/EEC or

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

    ▼M4




    ANNEX I

    List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols



    Scientific name

    Common name

    CPVO protocol

    Allium cepa L. (Cepa group)

    Onion and Echalion

    TP 46/2 of 1.4.2009

    Allium cepa L. (Aggregatum group)

    Shallot

    TP 46/2 of 1.4.2009

    Allium porrum L.

    Leek

    TP 85/2 of 1.4.2009

    Allium sativum L.

    Garlic

    TP 162/1 of 25.3.2004

    Allium schoenoprasum L.

    Chives

    TP 198/1 of 1.4.2009

    Apium graveolens L.

    Celery

    TP 82/1 of 13.3.2008

    Apium graveolens L.

    Celeriac

    TP 74/1 of 13.3.2008

    Asparagus officinalis L.

    Asparagus

    TP 130/1 of 27.3.2002

    Beta vulgaris L.

    Beetroot including Cheltenham beet

    TP 60/1 of 1.4.2009

    Brassica oleracea L.

    Cauliflower

    TP 45/1 of 15.11.2001

    Brassica oleracea L.

    Sprouting broccoli or Calabrese

    TP 151/2 of 21.3.2007

    Brassica oleracea L.

    Brussels sprouts

    TP 54/2 of 1.12.2005

    Brassica oleracea L.

    Kohlrabi

    TP 65/1 of 25.3.2004

    Brassica oleracea L.

    Savoy cabbage, White cabbage and Red cabbage

    TP 48/2 of 1.12.2005

    Brassica rapa L.

    Chinese cabbage

    TP 105/1 of 13.3.2008

    Capsicum annuum L.

    Chilli or Pepper

    TP 76/2 of 21.3.2007

    Cichorium endivia L.

    Curled-leaved endive and Plain-leaved endive

    TP 118/2 of 1.12.2005

    Cichorium intybus L.

    Industrial chicory

    TP 172/2 of 1.12.2005

    Cichorium intybus L.

    Witloof chicory

    TP 173/1 of 25.3.2004

    Citrullus lanatus (Thumb.) Matsum. et Nakai

    Watermelon

    TP 142/1 of 21.3.2007

    Cucumis melo L.

    Melon

    TP 104/2 of 21.3.2007

    Cucumis sativus L.

    Cucumber and Gherkin

    TP 61/2 of 13.3.2008

    Cucurbita pepo L.

    Marrow or Courgette

    TP 119/1 of 25.3.2004

    Cynara cardunculus L.

    Globe artichoke and Cardoon

    TP 184/1 of 25.3.2004

    Daucus carota L.

    Carrot and Fodder carrot

    TP 49/3 of 13.3.2008

    Foeniculum vulgare Mill.

    Fennel

    TP 183/1 of 25.3.2004

    Lactuca sativa L.

    Lettuce

    TP 13/4 of 1.4.2009

    Lycopersicon esculentum Mill.

    Tomato

    TP 44/3 of 21.3.2007

    Petroselinum crispum (Mill.) Nyman ex A. W. Hill

    Parsley

    TP 136/1 of 21.3.2007

    Phaseolus coccineus L.

    Runner bean

    TP 9/1 of 21.3.2007

    Phaseolus vulgaris L.

    Dwarf French bean and Climbing French bean

    TP 12/3 of 1.4.2009

    Pisum sativum L. (partim)

    Wrinkled pea, Round pea and Sugar pea

    TP 7/1 of 6.11.2003

    Raphanus sativus L.

    Radish

    TP 64/1 of 27.3.2002

    Solanum melongena L.

    Aubergine or Egg plant

    TP 117/1 of 13.3.2008

    Spinacia oleracea L.

    Spinach

    TP 55/2 of 13.3.2008

    Valerianella locusta (L.) Laterr.

    Corn salad or Lamb’s lettuce

    TP 75/2 of 21.3.2007

    Vicia faba L. (partim)

    Broad bean

    TP Broadbean/1 of 25.3.2004

    Zea mays L. (partim)

    Sweet corn and Pop corn

    TP 2/2 of 15.11.2001

    The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).




    ANEXO II

    List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines



    Scientific name

    Common name

    UPOV guideline

    Allium fistulosum L.

    Japanese bunching onion or Welsh onion

    TG/161/3 of 1.4.1998

    Beta vulgaris L.

    Spinach beet or Chard

    TG/106/4 of 31.3.2004

    Brassica oleracea L.

    Curly kale

    TG/90/6 of 31.3.2004

    Brassica rapa L.

    Turnip

    TG/37/10 of 4.4.2001

    Cichorium intybus L.

    Large-leaved chicory or Italian chicory

    TG/154/3 of 18.10.1996

    Cucurbita maxima Duchesne

    Gourd

    TG/155/4 of 28.3.2007

    Raphanus sativus L.

    Black radish

    TG/63/6 of 24.3.1999

    Rheum rhabarbarum L.

    Rhubarb

    TG/62/6 of 24.3.1999

    Scorzonera hispanica L.

    Scorzonera or Black salsify

    TG/116/3 of 21.10.1988

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



    ( 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.

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