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Document 02003L0091-20240101
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)
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)
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)
02003L0091 — EN — 01.01.2024 — 018.001
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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 (OJ L 254 8.10.2003, p. 11) |
Amended by:
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)
Article 1
As regards distinctness, uniformity and stability:
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 III, 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.
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
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 vegetable species, and official examinations started prior to that date in accordance with the provisions of either
Directive 72/168/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 72/168/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 |
|
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 fistulosum L. |
Japanese bunching onion or Welsh onion |
TP 161/1 of 11.3.2010 |
|
Allium porrum L. |
Leek |
TP 85/2 of 1.4.2009 |
|
Allium sativum L. |
Garlic |
TP 162/2 of 30.5.2023 |
|
Allium schoenoprasum L. |
Chives |
TP 198/2 of 11.3.2015 |
|
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 130/2 of 16.2.2011 |
|
Beta vulgaris L. |
Beetroot including Cheltenham beet |
TP 60/1 of 1.4.2009 |
|
Beta vulgaris L. |
Spinach beet or Chard |
TP 106/2 of 14.4.2021 |
|
Brassica oleracea L. |
Curly kale |
TP 90/1 of 16.2.2011 |
|
Brassica oleracea L. |
Cauliflower |
TP 45/2 Rev. 2 of 21.3.2018 |
|
Brassica oleracea L. |
Sprouting broccoli or Calabrese |
TP 151/2 Rev. 2 of 21.4.2020 |
|
Brassica oleracea L. |
Brussels sprouts |
TP 54/2 Rev. of 15.3.2017 |
|
Brassica oleracea L. |
Kohlrabi |
TP 65/2 of 30.5.2023 |
|
Brassica oleracea L. |
Savoy cabbage, White cabbage and Red cabbage |
TP 48/3 Rev. 2 of 25.3.2021 |
|
Brassica rapa L. |
Chinese cabbage |
TP 105/1 of 13.3.2008 |
|
Capsicum annuum L. |
Chilli or Pepper |
TP 76/2 Rev. 2 Corr. of 21.4.2020 |
|
Cichorium endivia L. |
Curled-leaved endive and Plain-leaved endive |
TP 118/3 of 19.3.2014 |
|
Cichorium intybus L. |
Industrial chicory |
TP 172/2 of 1.12.2005 |
|
Cichorium intybus L. |
Leaf chicory |
TP 154/2 Rev. of 31.3.2023 |
|
Cichorium intybus L. |
Witloof chicory |
TP 173/2 of 21.3.2018 |
|
Citrullus lanatus (Thunb.) Matsum. et Nakai |
Watermelon |
TP 142/2 Rev. 2 of 31.3.2023 |
|
Cucumis melo L. |
Melon |
TP 104/2 Rev. 2 Corr. of 25.3.2021 |
|
Cucumis sativus L. |
Cucumber and Gherkin |
TP 61/2 Rev. 2 of 19.3.2019 |
|
Cucurbita maxima Duchesne |
Gourd |
TP 155/1 of 11.3.2015 |
|
Cucurbita pepo L. |
Marrow or Courgette |
TP 119/1 Rev. of 19.3.2014 |
|
Cynara cardunculus L. |
Globe artichoke and Cardoon |
TP 184/2 Rev. of 6.3.2020 |
|
Daucus carota L. |
Carrot and Fodder carrot |
TP 49/3 Corr. of 13.3.2008 |
|
Foeniculum vulgare Mill. |
Fennel |
TP 183/2 of 14.4.2021 |
|
Lactuca sativa L. |
Lettuce |
TP 13/6 Rev. 3 of 27.4.2022 |
|
Solanum lycopersicum L. |
Tomato |
TP 44/4 Rev. 5 of 14.4.2021 |
|
Petroselinum crispum (Mill.) Nyman ex A. W. Hill |
Parsley |
TP 136/1 Corr. 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 12/4 of 27.2.2013 |
|
Pisum sativum L. (partim) |
Wrinkled pea, Round pea and Sugar pea |
TP 7/2 Rev. 3 Corr. of 6.3.2020 |
|
Raphanus sativus L. |
Radish, Black radish |
TP 64/2 Rev. Corr. of 11.3.2015 |
|
Rheum rhabarbarum L |
Rhubarb |
TP 62/1 of 19.4.2016 |
|
Scorzonera hispanica L. |
Scorzonera or Black salsify |
TP 116/1 of 11.3.2015 |
|
Solanum melongena L. |
Aubergine or Egg plant |
TP 117/1 of 13.3.2008 |
|
Spinacia oleracea L. |
Spinach |
TP 55/5 Rev. 4 of 27.4.2022 |
|
Valerianella locusta (L.) Laterr. |
Corn salad or Lamb’s lettuce |
TP 75/2 of 21.3.2007 |
|
Vicia faba L. (partim) |
Broad bean |
TP 206/1 of 25.3.2004 |
|
Zea mays L. (partim) |
Sweet corn and Pop corn |
TP 2/3 of 11.3.2010 |
|
Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum habrochaites S. Knapp & D.M. Spooner; Solanum lycopersicum L. x Solanum peruvianum (L.) Mill.; Solanum lycopersicum L. x Solanum cheesmaniae (L. Ridley) Fosberg; Solanum pimpinellifolium L. x Solanum habrochaites S. Knapp & D.M. Spooner |
Tomato rootstocks |
TP 294/1 Rev. 5 of 14.4.2021 |
|
Cucurbita maxima Duchesne x Cucurbita moschata Duchesne |
Interspecific hybrids of Cucurbita maxima Duchesne x Cucurbita moschata Duchesne for use as rootstocks |
TP 311/1 of 15.3.2017 |
|
(*1)
The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu). |
||
ANNEX II
ANNEX III
PART A
List of species referred to in the second subparagraph of Article 1(2)
PART B
Specific provisions concerning tests for distinctness, uniformity and stability for organic varieties of vegetable species suitable for organic production
1. General rule
The following shall apply to organic varieties of vegetable 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. Carrot
For the varieties belonging to species carrot (Daucus carota L.) the following DUS characteristics of the CPVO protocol CPVO-TP/049/3 of the tested variety may deviate from the following DUS requirements for uniformity:
|
CPVO No 4 |
– |
Leaf: division |
|
CPVO No 5 |
– |
Leaf: intensity of green colour |
|
CPVO No 19 |
– |
Root: diameter of core relative to total diameter |
|
CPVO No 20 |
– |
Root: colour of core |
|
CPVO No 21 |
– |
Excluding varieties with white core; Root: intensity of colour of core |
|
CPVO No 28 |
– |
Root: time of coloration of tip |
|
CPVO No 29 |
– |
Plant: height of primary umbel at time of its flowering |
2.2. Kohlrabi
For the varieties belonging to species kohlrabi (Brassica oleracea L.) the following DUS characteristics of the CPVO protocol CPVO-TP/065/1 Rev. of the tested variety may deviate from the following DUS requirements for uniformity of the respective CPVO technical protocol:
|
CPVO No 2 |
– |
Seedling: intensity of green coloration of cotyledons |
|
CPVO No 6 |
– |
Petiole: attitude |
|
CPVO No 8 |
– |
Leaf blade: length |
|
CPVO No 9 |
– |
Leaf blade: width |
|
CPVO No 10 |
– |
Leaf blade: shape of apex |
|
CPVO No 11 |
– |
Leaf blade: division to midrib (on lower part of leaf) |
|
CPVO No 12 |
– |
Leaf blade: number of margin incisions (on upper part of leaf) |
|
CPVO No 13 |
– |
Leaf blade: depth of margin incision (on upper part of leaf) |
|
CPVO No 14 |
– |
Leaf blade: shape in cross section |
|
CPVO No 19 |
– |
Kohlrabi: number of inner leave. |