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Document 02003L0090-20240101
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)Text with EEA relevance
Consolidated text: 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)Text with EEA relevance
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)Text with EEA relevance
02003L0090 — EN — 01.01.2024 — 018.001
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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 (OJ L 254 8.10.2003, p. 7) |
Amended by:
Corrected by:
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)
Article 1
As regards distinctness, uniformity and stability, and without prejudice to the second subparagraph:
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;
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.
By way of derogation from the first subparagraph, as regards uniformity, the organic varieties suitable for organic production, which belong to the species listed in Annex IV, Part A, may comply instead with the conditions listed in Part B of that Annex.
Member States shall report, to the Commission and the other Member States, by 31 December of each year, until 31 December 2030, on the number of applications for variety registrations and results of the examinations for distinctness, uniformity and stability (DUS) concerning those organic varieties
By way of derogation from the first subparagraph, as regards the value for cultivation or use, organic varieties suitable for organic production, which belong to the species listed in Annex V, Part A, may comply instead with the conditions laid down in Part B of that Annex.
Member States shall report, to the Commission and the other Member States, by 31 December of each year, until 31 December 2030, on the number of applications and results of the examinations for the value of cultivation and use (VCU) concerning those organic varieties.
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 72/180/EEC is repealed.
Article 5
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.
Article 6
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 examinations started prior to that date in accordance with the provisions of either
Directive 72/180/EEC or
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.
Paragraph 1 shall only apply where the trials lead to the conclusion that the varieties comply with the rules set out in either
Directive 72/180/EEC or
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.
ANNEX I
List of species referred to in Article 1(2), point (a), which are to comply with CPVO technical protocols (*1)
|
Scientific name |
Common name |
CPVO protocol |
|
Dactylis glomerata L. |
Cocksfoot |
TP 31/1 of 25.3.2021 |
|
Festuca arundinacea Schreb. |
Tall fescue |
TP 39/1 of 1.10.2015 |
|
Festuca filiformis Pourr. |
Fine-leaved sheep's fescue |
TP 67/1 of 23.6.2011 |
|
Festuca ovina L. |
Sheep's fescue |
TP 67/1 of 23.6.2011 |
|
Festuca pratensis Huds. |
Meadow fescue |
TP 39/1 of 1.10.2015 |
|
Festuca rubra L. |
Red fescue |
TP 67/1 of 23.6.2011 |
|
Festuca trachyphylla (Hack.) Hack. |
Hard fescue |
TP 67/1 of 23.6.2011 |
|
Lolium multiflorum Lam. |
Italian ryegrass |
TP 4/2 of 19.3.2019 |
|
Lolium perenne L. |
Perennial ryegrass |
TP 4/2 of 19.3.2019 |
|
Lolium x hybridum Hausskn. |
Hybrid ryegrass |
TP 4/2 of 19.3.2019 |
|
Medicago sativa L. |
Lucerne |
TP /6/1 Corr. of 22.12.2021 |
|
Medicago x varia T. Martyn |
Sand lucerne |
TP 6/1 Corr. of 22.12.2021 |
|
Phleum nodosum L. |
Small timothy |
TP 34/1 of 22.12.2021 |
|
Phleum pratense L. |
Timothy |
TP 34/1 of 22.12.2021 |
|
Pisum sativum L. (partim) |
Field pea |
TP 7/2 Rev. 3 Corr. of 6.3.2020 |
|
Poa pratensis L. |
Smooth-stalked meadow grass |
TP 33/1 of 15.3.2017 |
|
Trifolium pratense L. |
Red clover |
TP 5/1 of 22.12.2021 |
|
Vicia faba L. |
Field bean |
TP 8/1 of 19.3.2019 |
|
Vicia sativa L. |
Common vetch |
TP 32/1 of 19.4.2016 |
|
Brassica napus L. var. napobrassica (L.) Rchb. |
Swede |
TP 89/1 of 11.3.2015 |
|
Raphanus sativus L. var. oleiformis Pers. |
Fodder radish |
TP 178/1 of 15.3.2017 |
|
Brassica napus L. (partim) |
Swede rape |
TP 36/3 of 21.4.2020 |
|
Cannabis sativa L. |
Hemp |
TP 276/2 Rev of 30.12.2022 |
|
Glycine max (L.) Merr. |
Soya bean |
TP 80/1 of 15.3.2017 |
|
Gossypium spp. |
Cotton |
TP 88/2 of 11.12.2020 |
|
Helianthus annuus L. |
Sunflower |
TP 81/1 of 31.10.2002 |
|
Linum usitatissimum L. |
Flax/Linseed |
TP 57/2 of 19.3.2014 |
|
Sinapis alba L. |
White mustard |
TP 179/1 of 15.3.2017 |
|
Avena nuda L. |
Small naked oat, Hulless oat |
TP 20/3 of 6.3.2020 |
|
Avena sativa L. (includes A. byzantina K. Koch) |
Oats and Red oat |
TP 20/3 of 6.3.2020 |
|
Hordeum vulgare L. |
Barley |
TP 19/5 of 19.3.2019 |
|
Oryza sativa L. |
Rice |
TP 16/3 of 1.10.2015 |
|
Secale cereale L. |
Rye |
TP 58/1 Rev Corr. of 27.4.2022 |
|
Sorghum bicolor (L.) Moench subsp. bicolor |
Sorghum |
TP 122/1 of 19.3.2019 |
|
Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
Sudan grass |
TP 122/1 of 19.3.2019 |
|
Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse |
Hybrids resulting from the crossing of Sorghum bicolor subsp. bicolor and Sorghum bicolor subsp. drummondii |
TP 122/1 of 19.3.2019 |
|
xTriticosecale Wittm. ex A. Camus |
Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale |
TP 121/3 Corr. of 27.4.2022 |
|
Triticum aestivum L. subsp. aestivum |
Wheat |
TP 3/5 of 19.3.2019 |
|
Triticum turgidum L. subsp. durum (Desf.) van Slageren |
Durum wheat |
TP 120/3 of 19.3.2014 |
|
Zea mays L. (partim) |
Maize |
TP 2/3 of 11.3.2010 |
|
Solanum tuberosum L. |
Potato |
TP 23/3 of 15.3.2017 |
|
(*1)
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), point (b), which are to comply with UPOV test guidelines (*1)
|
Scientific name |
Common name |
UPOV guideline |
|
Beta vulgaris L. |
Fodder beet |
TG/150/3 of 4.11.1994 |
|
Agrostis canina L. |
Velvet bent |
TG/30/6 of 12.10.1990 |
|
Agrostis gigantea Roth |
Red top |
TG/30/6 of 12.10.1990 |
|
Agrostis stolonifera L. |
Creeping bent grass |
TG/30/6 of 12.10.1990 |
|
Agrostis capillaris L. |
Brown top |
TG/30/6 of 12.10.1990 |
|
Bromus catharticus Vahl |
Rescue grass |
TG/180/3 of 4.4.2001 |
|
Bromus sitchensis Trin. |
Alaska brome grass |
TG/180/3 of 4.4.2001 |
|
xFestulolium Asch. et Graebn. |
Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium |
TG/243/1 of 9.4.2008 |
|
Lotus corniculatus L. |
Birdsfoot trefoil |
TG/193/1 of 9.4.2008 |
|
Lupinus albus L. |
White lupin |
TG/66/4 of 31.3.2004 |
|
Lupinus angustifolius L. |
Narrow-leaved lupin |
TG/66/4 of 31.3.2004 |
|
Lupinus luteus L. |
Yellow lupin |
TG/66/4 of 31.3.2004 |
|
Medicago doliata Carmign. |
Straight-spined medic |
TG/228/1 of 5.4.2006 |
|
Medicago italica (Mill.) Fiori |
Disc medic |
TG/228/1 of 5.4.2006 |
|
Medicago littoralis Rohde ex Loisel. |
Shore medic/Strand medic |
TG/228/1 of 5.4.2006 |
|
Medicago lupulina L. |
Trefoil |
TG/228/1 of 5.4.2006 |
|
Medicago murex Willd. |
Sphere medic |
TG/228/1 of 5.4.2006 |
|
Medicago polymorpha L. |
Bur medic |
TG/228/1 of 5.4.2006 |
|
Medicago rugosa Desr. |
Wrinkled medic/Gama medic |
TG/228/1 of 5.4.2006 |
|
Medicago scutellata (L.) Mill. |
Snail medic/Shield medic |
TG/228/1 of 5.4.2006 |
|
Medicago truncatula Gaertn. |
Barrel medic |
TG/228/1 of 5.4.2006 |
|
Trifolium repens L. |
White clover |
TG/38/7 of 9.4.2003 |
|
Trifolium subterraneum L. |
Subterranean clover |
TG/170/3 of 4.4.2001 |
|
Phacelia tanacetifolia Benth. |
California Bluebell |
TG/319/1 of 5.4.2017 |
|
Arachis hypogaea L. |
Groundnut/Peanut |
TG/93/4 of 9.4.2014 |
|
Brassica juncea (L.) Czern |
Brown mustard |
TG/335/1 of 17.12.2020 |
|
Brassica rapa L. var. silvestris (Lam.) Briggs |
Turnip rape |
TG/185/3 of 17.4.2002 |
|
Carthamus tinctorius L. |
Safflower |
TG/134/3 of 12.10.1990 |
|
Papaver somniferum L. |
Poppy |
TG/166/4 of 9.4.2014 |
|
(*1)
The text of these guidelines can be found on the UPOV web site (www.upov.int) |
||
ANNEX III
CHARACTERISTICS AS REGARDS THE EXAMINATION OF THE VALUE FOR CULTIVATION OR USE
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.
ANNEX IV
PART A
List of species referred to in the second subparagraph of Article 1(2)
Barley
Maize
Rye
Wheat
PART B
Specific provisions concerning tests for distinctness, uniformity and stability for organic varieties of agricultural plant species suitable for organic production
1. General rule
The following shall apply to organic varieties of agricultural plant species suitable for organic production:
1.1. As regards distinctness and stability, all characteristics of the protocols and guidelines referred to in Annexes I and II shall be observed and described.
1.2. As regards uniformity, all characteristics of the protocols and guidelines referred to in Annexes I and II shall be observed and described and the following shall apply to the characteristics listed under point 2:
those characteristics may be assessed in a less stringent way;
where for those characteristics a derogation from the respective technical protocol is provided for in that point 2, the level of uniformity within the variety shall be similar to the level of uniformity of comparable varieties of common knowledge in the Union.
2. Derogation from technical protocols
2.1. Barley
For the varieties belonging to the species barley (Hordeum vulgare L.), the following DUS characteristics of the CPVO protocol CPVO/TP-019/5 of the tested variety may deviate from the following DUS requirements for uniformity:
|
CPVO No 5 |
— |
Flag leaf: anthocyanin colouration of auricles |
|
CPVO No 8 |
— |
Flag leaf: glaucosity of sheath |
|
CPVO No 9 |
— |
Awns: anthocyanin coloration of tips |
|
CPVO No 10 |
— |
Ear: glaucosity |
|
CPVO No 12 |
— |
Grain: anthocyanin coloration of nerves of lemma |
|
CPVO No 16 |
— |
Sterile spikelet: attitude |
|
CPVO No 17 |
— |
Ear: shape |
|
CPVO No 20 |
— |
Awn: length |
|
CPVO No 21 |
— |
Rachis: length of first segment |
|
CPVO No 22 |
— |
Rachis: curvature of first segment |
|
CPVO No 23 |
— |
Median spikelet: length of glume and its awn relative to grain |
|
CPVO No 25 |
— |
Grain: spiculation of inner lateral nerves of dorsal side of lemma |
2.2. Maize
For the varieties belonging to the species maize (Zea mays L.) the following DUS characteristics of the CPVO protocol CPVO-TP/002/3 of the tested variety may deviate from the following DUS requirements for uniformity:
|
CPVO No 1 |
— |
First leaf: anthocyanin coloration of sheath |
|
CPVO No 2 |
— |
First leaf: shape of apex |
|
CPVO No 8 |
— |
Tassel: anthocyanin coloration of glumes excluding base |
|
CPVO No 9 |
— |
Tassel: anthocyanin coloration of anthers |
|
CPVO No 10 |
— |
Tassel: angle between main axis and lateral branches |
|
CPVO No 11 |
— |
Tassel: curvature of lateral branches |
|
CPVO No 15 |
— |
Stem: anthocyanin coloration of brace roots |
|
CPVO No 16 |
— |
Tassel: density of spikelets |
|
CPVO No 17 |
— |
Leaf: anthocyanin coloration of sheath |
|
CPVO No 18 |
— |
Stem: anthocyanin coloration of internodes |
|
CPVO No 19 |
— |
Tassel: length of main axis above lowest lateral branch |
|
CPVO No 20 |
— |
Tassel: length of main axis above highest lateral branch |
|
CPVO No 21 |
— |
Tassel: length of lateral branch |
2.3. Rye
For the varieties belonging to the species rye (Secale cereale L.), the following DUS characteristics of the CPVO protocol CPVO-TP/058/1 of the tested variety may deviate from the following DUS requirements for uniformity:
|
CPVO No 3 |
— |
Coleoptile: anthocyanin coloration |
|
CPVO No 4 |
— |
Coleoptile: length |
|
CPVO No 5 |
— |
First leaf: length of sheath |
|
CPVO No 6 |
— |
First leaf: length of blade |
|
CPVO No 8 |
— |
Flag leaf: glaucosity of sheath |
|
CPVO No 10 |
— |
Leaf next to flag leaf: length of blade |
|
CPVO No 11 |
— |
Leaf next to flag leaf: width of blade |
|
CPVO No 12 |
— |
Ear: glaucosity |
|
CPVO No 13 |
— |
Stem: hairiness below ear |
2.4. Wheat
For the varieties belonging to the species wheat (Triticum aestivum L. subsp. aestivum.), the following DUS characteristics of the CPVO protocol CPVO-TP/003/5 of the tested variety may deviate from the following DUS requirements for uniformity:
|
CPVO No 3 |
— |
Coleoptile: anthocyanin coloration |
|
CPVO No 6 |
— |
Flag leaf: anthocyanin coloration of auricles |
|
CPVO No 8 |
— |
Flag leaf: glaucosity of sheath |
|
CPVO No 9 |
— |
Flag leaf: glaucosity of blade |
|
CPVO No 10 |
— |
Ear: glaucosity |
|
CPVO No 11 |
— |
Culm: glaucosity of neck |
|
CPVO No 20 |
— |
Ear: shape in profile |
|
CPVO No 21 |
— |
Apical rachis segment: area of hairiness on convex surface |
|
CPVO No 22 |
— |
Lower glume: shoulder width |
|
CPVO No 23 |
— |
Lower glume: shoulder shape |
|
CPVO No 24 |
— |
Lower glume: length of beak |
|
CPVO No 25 |
— |
Lower glume: shape of beak |
|
CPVO No 26 |
— |
Lower glume: area of hairiness on internal surface |
ANNEX V
PART A
List of species referred to in the second subparagraph of Article 1(3)
Barley
Maize
Rye
Wheat
PART B
Conditions to be fulfilled – Value of cultivation and use for organic varieties suitable for organic production
1. The examination for cultivation and use shall be conducted under organic conditions, in accordance with the provisions of Regulation (EU) 2018/848, and in particular with the general principles under Article 5(d), (e), (f) and (g) and plant production rules under Article 12.
2. The specific needs and objectives of organic agriculture shall be taken into account in variety examination and in the evaluation of examination results. Disease resistance or tolerance, and adaptation to diverse local soil and climate conditions, shall be examined.
3. Where competent authorities are not able to provide for an examination under organic conditions, or for the examination of certain characteristics, including disease susceptibility, testing may be carried out pursuant to one of the following points:
under the supervision of the competent authority on organic breeders premises or organic farms;
under low-input conditions and with minimum treatments;
in another Member State, if bilateral agreements between Member States have been concluded to achieve testing under organic conditions.
The value of a variety for cultivation or use shall be considered as satisfactory if, when compared to other organic varieties suitable for organic production accepted in the catalogue of the Member State in question, its qualities, taken as a whole, offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or for uses which can be made of the crops or the products derived therefrom. Superior characteristics for the agricultural production, as regards farming practices and food or feed production that present advantages for organic agriculture, shall be considered as particularly valuable for the VCU examination.
4. The competent authority shall provide for different examination conditions that are adapted to specific needs of organic agriculture and shall examine to the extent of its capacity specific traits and characteristics, at the applicant’s request, if reproducible methods are available.