This document is an excerpt from the EUR-Lex website
Document 02002L0053-20040418
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species
Consolidated text: Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species
02002L0053 — EN — 18.04.2004 — 001.002
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COUNCIL DIRECTIVE 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193 20.7.2002, p. 1) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
REGULATION (EC) No 1829/2003 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 September 2003 |
L 268 |
1 |
18.10.2003 |
Corrected by:
COUNCIL DIRECTIVE 2002/53/EC
of 13 June 2002
on the common catalogue of varieties of agricultural plant species
Article 1
Article 2
For the purposes of this Directive ‘official measures’ means measures taken:
by State authorities; or
by any legal person whether governed by public or by private law, acting under the responsibility of the State; or
in the case of ancillary activities which are also under State control, by any natural person duly sworn for that purpose;
provided that the persons mentioned under (b) and (c) derive no private gain from such measures.
Article 3
The conditions under which the provisions of paragraph 1 shall also apply to other component varieties may be determined in accordance with the procedure referred to in Article 23(2). In the meantime, in the case of cereals other than maize, Member States may themselves apply those provisions to other component varieties in respect of seed intended for certification in their territories.
Component varieties shall be indicated as such.
Article 4
Examination of the value for cultivation and use shall not be required:
for the acceptance of varieties of grasses if the breeder declares that the seed of his variety is not intended for the production of fodder plants;
for the acceptance of varieties whose seed is to be marketed in another Member State which has already accepted the varieties, having regard to their value for cultivation and use;
for the acceptance of varieties (inbred lines, hybrids) which are intended solely as components for hybrid varieties satisfying the requirements of paragraph 1.
Article 5
The characteristics of a variety must be capable of precise recognition and precise definition.
A variety known in the Community shall be any variety which, at the time when the application for the acceptance of the variety to be assessed is duly made, is:
unless the conditions are no longer fulfilled in all the Member States concerned before the decision on the application for acceptance of the variety to be assessed is taken.
Article 6
Member States shall ensure that varieties coming from other Member States are subject to the same requirements, in particular as regards the acceptance procedure, as those which apply to domestic varieties.
Article 7
The following shall be fixed in accordance with the procedure referred to in Article 23(2), account being taken of current scientific and technical knowledge:
the characteristics to be covered as a minimum by the examinations of the various species;
the minimum requirements for carrying out the examination;
the necessary arrangements for the growing trials to be carried out with a view to assessing the value for cultivation or use; these arrangements may determine:
In the case of a genetically modified variety referred to in Article 4(4), an environmental risk assessment equivalent to that laid down in Directive 90/220/EEC shall be carried out.
The procedures ensuring that the environmental risk assessment and other relevant elements shall be equivalent to those laid down in Directive 90/220/EEC shall be introduced on a proposal from the Commission, in a council Regulation based on the appropriate legal basis in the Treaty. Until this Regulation enters into force genetically modified varieties shall only be accepted for inclusion in a national catalogue after having been accepted for marketing in accordance with Directive 90/220/EEC.
Articles 11 to 18 of Directive 90/220/EEC shall no longer apply to genetically modified varieties once the Regulation referred to in point (b) above has entered into force.
The technical and scientific details of the implementation of the environmental risk assessment shall be adopted in accordance with the procedure referred to in Article 23(2).
Article 8
Member States shall require that when lodging an application for the acceptance of a variety, the applicant indicate whether acceptance has already been applied for in another Member State, which Member State was concerned and whether the application was granted.
Article 9
If it is known that seed or propagating material of a given variety are marketed in another country under a different name, that name shall also be indicated in the catalogue.
In taking into account the information available, Member States shall also ensure that a variety which is not clearly distinguishable:
bears the name of that variety. This provision shall not apply if this name is likely to mislead or cause confusion concerning the variety in question, or if, pursuant to all the provisions of the Member State concerned governing the names of varieties, other facts prevent its utilisation, or if the rights of third parties impede the free use of that name in connection with the variety in question.
Detailed implementing rules as to the suitability of denominations of varieties may be adopted in accordance with the procedure referred to in Article 23(2).
Article 10
Article 11
Article 12
Acceptance of the varieties by the authorities of the former German Democratic Republic prior to German unification shall be valid until the end of the tenth calendar year at the latest following their entry in the catalogue of varieties drawn up by the Federal Republic of Germany in accordance with Article 3(1).
Article 13
By this other decision, the variety shall, with effect from the date of its initial acceptance, no longer be regarded as a variety known in the Community within the meaning of Article 5(1).
Article 14
Member States shall ensure that acceptance of a variety is revoked:
if it is proved, on examination, that the variety is no longer distinct, stable or sufficiently uniform;
if the person or persons responsible for the variety so request, unless there is maintenance of the variety.
Member States may revoke the acceptance of a variety:
if the laws, regulations and administrative provisions adopted in pursuance of this Directive are not complied with;
if, at the time of the application for acceptance or during examination, false or fraudulent particulars were supplied concerning the factors on the basis of which acceptance was granted.
Article 15
In the case of varieties that were listed pursuant to Article 16(1) in the common catalogue of varieties referred to in Article 17, the period which expires last among those granted by the various Member States of acceptance under the first subparagraph shall apply to marketing in all the Member States, provided that the seed or propagating material of the variety concerned has not been subject to any marketing restriction as regards the variety.
Article 16
A Member State may, upon application which shall be dealt with under the procedure referred to in Article 23(2) or in Article 23(3) in the case of genetically modified varieties, be authorised to prohibit the use of the variety in all or in part of its territory or to lay down appropriate conditions for cultivating the variety in accordance, in cases provided for in subparagraph (c), with the conditions for using the products resulting from such cultivation:
where it is established that the cultivation of the variety could be harmful from the point of view of plant health to the cultivation of other varieties or species; or
where official growing trials carried out in the applicant Member States, Article 5(4) being applied correspondingly, show that the variety does not, in any part of its territory, produce results corresponding to those obtained from a comparable variety accepted in the territory of that Member State or, where it is well known that the variety is not suitable for cultivation in any part of its territory because of its type of maturity class. The application shall be lodged before the end of the third calendar year following that of acceptance;
where it has valid reasons other than those already mentioned or which may have been mentioned during the procedure referred to in Article 10(2) for considering that the variety presents a risk for human health or the environment.
Article 17
The Commission shall, on the basis of the information supplied by the Member States and as this is received, publish in the C series of the Official Journal of the European Communities under the title ‘Common Catalogue of Varieties of Agricultural Plant Species’ a list of all varieties of which the seed and propagating material, under Article 16, are not subject to any marketing restrictions as regards variety, and also the information required under Article 9(1) concerning the person or persons responsible for maintenance of the variety. The published notice shall indicate the Member States which have received an authorisation under Article 16(2) or Article 18.
The published notice shall list those varieties for which a period has been applied in accordance with the second subparagraph of Article 15(2). This shall indicate the length of the period and, where appropriate, the Member States to which the period does not apply.
The published notice shall clearly indicate those varieties which have been genetically modified.
Article 18
If it is established that the cultivation of a variety included in the common catalogue of varieties could in any Member State be harmful from the point of view of plant health to the cultivation of other varieties or species, or present a risk for the environment or for human health, that Member State may upon application, be authorised in accordance with the procedure referred to in Article 23(2) or in Article 23(3) in the case of a genetically modified variety to prohibit the marketing of the seed or propagating material of that variety in all or part of its territory. Where there is imminent danger of the spread of harmful organisms or imminent danger for human health or for the environment, that prohibition may be imposed by the Member State concerned as soon as its application has been lodged until such time as a final decision has been taken. That decision shall be taken within a period of three months in accordance with the procedure laid down in Article 23(2) or in Article 23(3) in the case of a genetically modified variety.
Article 19
Where a variety ceases to be accepted in the Member State which initially accepted it, one or more other Member States may continue to accept that variety provided that the requirements for acceptance continue to be met in their territory and that maintenance remains assured.
Article 20
The specific conditions referred to in paragraph 2 above shall include in particular the following points:
landraces and varieties shall be accepted in accordance with the provisions of this Directive. The procedure for official acceptance shall take into account specific quality characteristics and requirements. In particular the results of unofficial tests and knowledge gained from practical experience during cultivation, reproduction and use and the detailed descriptions of the varieties and their relevant denominations, as notified to the Member State concerned, shall be taken into account and, if sufficient, shall result in exemption from the requirement of official examination. Upon acceptance of such a landrace or variety, it shall be indicated as a ‘conservation variety’ in the common catalogue;
appropriate quantitative restrictions.
Article 21
Specific conditions may be established in accordance with the procedure referred to in Article 23(2) to take account of developments in the area of the conservation of genetic resources.
Article 22
The Council, acting by a qualified majority on a proposal from the Commission, shall determine whether:
the official examinations of varieties carried out in the third country afford the same assurances as those provided for in Article 7 and carried out in the Member States;
the checks on practices for the maintenance of varieties carried out in the third country afford the same assurances as those carried out by the Member States.
Article 23
The period laid down in Article 4(3) of Decision 199/468/EC shall be set at one month.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 24
Save as otherwise provided in Articles 16 and 18, this Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial or commercial property.
Article 25
The 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.
The Commission shall inform the other Member States thereof.
Article 26
Article 27
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Communities.
Article 28
This Directive is addressed to the Member States.
ANNEX I
PART A
REPEALED DIRECTIVE AND ITS SUCCESSIVE AMENDMENTS
(referred to by Article 26)
Directive 70/457/EEC (OJ L 225, 12.10.1970, p. 1) |
|
Council Directive 72/274/EEC (OJ L 171, 29.7.1972, p. 37) |
only concerning references made to the provisions of Directive 70/457/EEC in Articles 1 and 2 |
Council Directive 72/418/EEC (OJ L 287, 26.12.1972, p. 22) |
only Article 7 |
Council Directive 73/438/EEC (OJ L 356, 27.12.1973, p. 79) |
only Article 7 |
Council Directive 78/55/EEC (OJ L 16, 20.1.1978, p. 23) |
only Article 6 |
Council Directive 79/692/EEC (OJ L 205, 13.8.1979, p. 1) |
only Article 3 |
Council Directive 79/967/EEC (OJ L 293, 20.11.1979, p. 16) |
only Article 2 |
Council Directive 80/1141/EEC (OJ L 341, 16.12.1980, p. 27) |
only Article 1 |
Council Directive 86/155/EEC (OJ L 118, 7.5.1986, p. 23) |
only Article 5 |
Council Directive 88/380/EEC (OJ L 187, 16.7.1988, p. 31) |
only Article 6 |
Council Directive 90/654/EEC (OJ L 353, 17.12.1990, p. 48) |
only concerning references made to the provisions of Directive 70/457/EEC in Article 2 and Annex II(I)(6) |
Council Directive 98/95/EC (OJ L 25, 1.2.1999, p. 1) |
only Article 6 |
Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27) |
only Article 6 |
PART B
DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW
(referred to by Article 26)
Directive |
Deadline for transposition |
70/457/EEC |
|
70/274/EEC |
1 July 1972 (Article 1) |
1 January 1973 (Article 2) |
|
72/418/EEC |
1 July 1972 (Article 7) |
73/438/EEC |
1 July 1974 (Article 7) |
78/55/EEC |
1 July 1977 (Article 6) |
79/692/EEC |
1 July 1977 (Article 3 (9)) |
1 July 1982 (other provisions) |
|
79/967/EEC |
1 July 1982 (Article 2) |
80/1141/EEC |
1 July 1980 (Article 1) |
86/155/EEC |
1 March 1986 (Article 5) |
88/380/EEC |
1 January 1986 (Article 6(5) and (6)) |
1 July 1990 (other provisions) |
|
90/654/EEC |
|
98/95/EC |
1 February 2000 (Corrigendum OJ L 126, 20.5.1999, p. 23) |
98/96/EC |
1 February 2000 |
(1)
For Denmark, Ireland and the United Kingdom, 1 July 1973; for Greece 1 January 1986; for Spain 1 March 1986; and for Portugal 1 January 1989 for specific species referred to in the Directive on the marketing of fodder plant seeds — Lolium multiflorum Lam, Lolium perenne L. and Vicia sativa, L. and the Directive on the marketing of cereal seed — Hordeum vulgare L., Oryza sativa, Triticum aestivum L. emend. Fiori and Paol, and Trisicum durum Desf. Zea mays L. — and for the other species referred to by this Directive 1 January 1991.
(2)
1 January 1995 for Austria, Finland and Sweden. However: — Finland and Sweden may postpone until 31 December 1995 at the latest, the application in their territories of this Directive with regard to the marketing in their territories of seeds of varieties listed in their respective national catalogues of varieties of agricultural plant species and vrieties of vegetable plant species which have not been officially accepted in accordance with the provisions of this Directive. Seeds of such varieties shall not be allowed to be marketed in the territory of the other Member States during this period, — varieties of agricultural and vegetable plant species which, at the date of accession or subsequently, are listed in both the respective national catalogues of Finland and Sweden and in the common catalogues, shall not be subject to any marketing restrictions as regards variety, — throughout the period mentioned in the first indent, those varieties in the respective national catalogues of Finland and Sweden which have been officially accepted in accordance with the provisions of the abovementioned Directive shall be included in the common catalogue of varieties of agricultural or vegetable plant species, respectively. |
ANNEX II
CORRELATION TABLE
Directive 70/457/EEC |
This Directive |
Article 1(1) |
Article 1(1) |
Article 1(2) |
Article 1(2) |
Article 22 |
Article 1(3) |
Article 2 |
Article 2 |
Article 3(1) |
Article 3(1) |
Article 3(1a) |
Article 3(2) |
Article 3(2) |
Article 3(3) |
Article 3(3) |
Article 3(4) |
Article 3(4) |
Article 3(5) |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 |
Article 6 |
Article 7 |
Article 7 |
Article 8 |
Article 8 |
Article 9 |
Article 9 |
Article 10 |
Article 10 |
Article 11 |
Article 11 |
Article 12 |
Article 12 |
Article 12a |
Article 13 |
Article 13 |
Article 14 |
Article 14 |
Article 15 |
Article 15 |
Article 16 |
Article 16 |
— |
Article 17 |
— |
Article 18 |
Article 17 |
Article 19 |
Article 18 |
Article 20 |
Article 19 |
Article 20a |
Article 20 |
Article 21(1) |
Article 22(1) |
Article 21(3) |
Article 22(2) |
Article 23 |
Article 23(1), (2) and (4) |
Article 23a |
Article 23(1), (3) and (4) |
Article 24 |
Article 24 |
Article 24a |
Article 21 |
— |
Article 25 (1) |
— |
Article 26 |
— |
Article 27 |
— |
Article 28 |
— |
ANNEX I |
— |
ANNEX II |
— |
|
(1)
98/95/EC Article 9(2) and 98/96/EC Article 8(2). |
( 1 ) Opinion delivered on 9 April 2002 (not yet published in the Official Journal).
( 2 ) OJ 225, 12.10.1970, p. 1. Directive as last amended by Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).
( 3 ) See Annex I, Part A.
( 4 ) See page 12 of this Official Journal.
( 5 ) OJ 125, 11.7.1966, p. 2298/66. Directive as last amended by Directive 2001/64/EC (OJ L 234, 1.9.2001, p. 60).
( 6 ) OJ 125, 11.7.1966, p. 2309/66. Directive as last amended by Directive 2001/64/EC.
( 7 ) See page 60 of this Official Journal.
( 8 ) See page 74 of this Official Journal.
( 9 ) OJ L 117, 8.5.1970, p. 15. Directive repealed by Directive 2001/18/EC of the European Parliament and of the Council (OJ L 106, 17.4.2001, p. 1).
( 10 ) OJ L 43, 14.2.1997, p. 1.
( 11 ) OJ L 184, 17.7.1999, p. 23.
( 12 ) OJ L 268, 18.10.2003, p. 1.
( 13 ) OJ L 31, 1.2.2002, p. 1.
( 14 ) OJ L 227, 1.9.1994, p. 1. Regulation as amended by Regulation (EC) No 2506/95 (OJ L 258, 28.10.1995, p. 3).
( 15 ) OJ L 159, 28.6.1994, p. 1.
( 16 ) OJ 125, 11.7.1966, p. 2289/66.