(1)

Commission Directive 2003/90/EC (2) aims to ensure that the varieties of agricultural plant species that Member States include in their national catalogues comply with the protocols established by the Community Plant Variety Office (‘CPVO’). In particular, those protocols aim to ensure compliance with the rules concerning the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant species to establish distinctness, uniformity and stability (‘DUS’). For the species not covered by the CPVO protocols, that Directive aims to ensure compliance with test guidelines of the International Union for Protection of New Varieties of Plants (‘UPOV’).

(2)

Amongst others, varieties of agricultural plant species are to comply with the conditions, laid down in Annex III to Directive 2003/90/EC, concerning the examination of the value for cultivation and use (‘VCU’).

(3)

There is a need to ensure that producers can use organic varieties suitable for organic production resulting from organic breeding activities. Some of them meet the DUS criteria of all other varieties of the same species, but other varieties intended for organic production are characterised by a high level of genetic and phenotypical diversity between individual reproductive units.

(4)

Therefore, the standards for uniformity defined in the existing DUS protocols and guidelines of the CPVO and UPOV are not suitable for organic varieties for organic production, which are characterised by a high level of genetic and phenotypical diversity. Furthermore, there is a need to establish principles for the VCU examination that correspond to the demands of the organic sector.

(5)

It is therefore necessary to offer the possibility to deviate from the existing DUS examination protocols and to provide for requirements for VCU examination that are more adapted for organic varieties suitable for organic production.

(6)

Therefore, it should be possible to adjust the existing protocols for variety examination for certain species to meet the needs of the organic agriculture. It is therefore appropriate to derogate from certain provisions of Article 1 of Commission Directive 2003/90/EC and to lay down specific requirements for the VCU examination.

(7)

Member States should 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 DUS and VCU examinations, in order to ensure a regular review of those requirements and further assess the need to amend, remove or also apply them to other species.

(8)

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

(9)

Competent authorities and the professional operators concerned should have sufficient time to adequately prepare before national provisions transposing this Directive start applying.

(10)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,