COMMISSION DIRECTIVE 93/78/EEC of 21 September 1993 setting out additional implementing provisions for lists of varieties of ornamental plant propagating material and ornamental plants, as kept by suppliers under Council Directive 91/682/EEC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 91/682/EEC of 19 December 1991 on the marketing of ornamental plant propagating material and ornamental plants (1), as amended by Commission Decision 93/399/EEC (2), and in particular Article 9 (5) thereof,

Whereas a system of description of varieties already exists at an international level; whereas the International Union for the Protection of New Varieties of Plants (UPOV) has developed such a system;

Whereas it is desirable to base the Community system on the experience gained at international level;

Whereas suppliers whose activity is confined to the placing on the market of propagating material and ornamental plants should be subject to less onerous requirements;

Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee for Propagating Material and Ornamental Plants,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive establishes additional implementing provisions for lists of varieties of propagating material and ornamental plants, as kept by suppliers pursuant to the second indent of Article 9 (2) of Directive 91/682/EEC.

Article 2

1. The lists kept by suppliers shall include the following:

(i) the name of the variety, together with its commonly known synonyms, where appropriate;

(ii) indications as to the maintenance of the variety and propagation system applied;

(iii) description of the variety, at least on the basis of the characteristics and their expressions as specified in the Annex hereto;

(iv) if possible, indications as to how the variety differs from the other varieties most closely resembling it.

2. Subparagraphs (ii) and (iv) of paragraph 1 shall not apply to any supplier whose activity is confined to the placing on the market of propagating material and ornamental plants.

Article 3

1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 30 June 1994. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

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 4

This Directive is addressed to the Member States.

Done at Brussels, 21 September 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 376, 31. 12. 1991, p. 21.

(2) OJ No L 177, 21. 7. 1993, p. 26.

ANNEX

CHARACTERISTICS OF THE VARIETIES AND STATES OF EXPRESSION Begonia ×hiemalis Fotsch

Leaf blade: colour of upper side

light green

medium green

dark green

reddish green

reddish brown

Leaf blade: colour of lower side

light green

medium green

dark green

reddish green

reddish brown

Flower: type

single

double

Inner petal: colour of middle of upper side

RHS colour chart (indicate reference number)

or

white

yellow

orange pink

orange

red

blue pink

blue red

Dendranthema × grandiflorum (Ramat.) Kitam.

Flower head: type

single

semi-double

double

Ray floret longitudinal axis of majority of ray florets

reflexing

straight

incurving

twisted

broken

Varieties with short corolla tube only:

Ray floret: cross-section of ray

concave

flat

convex

Varieties with long corolla tube only:

Ray floret: shape of end

quilled

spatulate

incurved

Ray floret: colour of inner side of majority of ray florets

RHS colour chart (indicate reference number)

or

white

yellow

pink

salmon

red

purple

bronze

Disc floret: type

tubular

funnel shapped

petaloid

Dianthus caryophyllus L. and hybrids

Flower: type

single

double

Petal: number of colours of blade

one

two

three

four

more than four

Petal: colour distribution of blade (claw excluded)

picotee

edged

striated

speckled

picotee-striated

picotee-speckled

edged-straited

edged-speckled

picotee-straited-speckled

edged-straited-speckled

striated-speckled

shading off

flushed

Flower colour groups

RHS colour chart (indicate reference number)

or

white or near white

yellow

orange

pink

pink-purple

red

garnet

violet

violet-red

Cultural types

One flower per stem

Spray

Euphorbia pulcherrima wild ex Kletsch

Plant: branching

absent

present

Leaf blade: colour of upper side

greenish

reddish

Bract: colour of upper side

RHS colour chart (indicate reference number)

or

white

yellow

pink marbled

pink

red

Gerbera L.

Flower head: type

single

semi-double

double

Outer ray floret: colour of inner side

RHS colour chart (indicate reference number)

or

white

yellow

orange

red

pink

purple

Single or semi-double varieties only: Black disc (before opening of disc florets)

absent

present

Gladiolus L.

Flower: size

very small

small

medium

large

very large

Flower: main colour

white

yellow

orange

pink orange

pink

red

purple

blue

green

Lilium L.

Flower: main colour of inner side of inner petal

RHS colour chart (indicate reference number)

Flower: colour of inner side of throat

RHS colour chart (indicate reference number)

Classification according to the horticultural classification of lilies for registration

Hybrids derived from such species or hybrid groups as:

I. L. tigrinum, L. cernuum, L. davidi, L. maximowiczii, L.X maculatum, L.X hollandicum, L. amabile, L. pumilum, L. concolor and L. bulbiferum

(a) Early flowering lilies with upright flowers, single or in an umbel

(b) Those with outward-facing flowers

(c) Those with pendant flowers

II. Hybrids of Martagon type of which one parent has been a form of:

L. martagon, L. hansonii

III. Hybrids from:

L. candidum, L. chalcedonicum and other related European species such as L. X testaceum

IV. Hybrids of American species

V. Hybrids derived from:

L. longiflorum , L. formosanum such as: X formolongi, but excluding forms and polyploids of either species

VI. Hybrid trumpet lilies and Aurelian hybrids derived from Asiatic species inlcuding L. henryi but excluding those derived from: L. auratum, L. speciosum, L. japonicum, L. rubellum

(a) Plants with trumpet-shaded flowers

(b) Plants with bowl-shaped flowers

(c) Plants with flat flowers (or only tips recurved)

(d) Plants with flowers whose petals are distinctly recurved

VII. Hybrids of Far Eastsern species such as, L. auratum, L. speciosum, L. japonicum, L. rubellum and to include any of their crosses with L. henryi

(a) Those with trumped-shaped flowers

(b) Those with bowl-shaped flowers

(c) Those with flat-shaped flowers

(d) Those with recurved flowers

VIII. To contain all hybrids not provided for in any previous paragraph

IX. To contain all true species and their forms

Malus Mill.

Flower: type

single

semi-double

double

Petal: colour of upper side

RHS colour chart (indicate reference number)

Expanding leaf: colour of blade

green

purple

Fruit: size

very small

small

medium

large

very large

Fruit: ground colour of skin

yellow

whitish yellow

green yellow

whitish green

green

red

Rootstock varieties:

Tree: vigor (in stool bed)

weak

medium

strong

Tree: number of basal shoots (in stool bed)

very few

few

medium

many

very many

Narcissus L.

Season of flowering

autumn

winter

spring

Autumn flowering varieties only:

Time of flowering

very early

early

medium

late

very late

Winter flowering varieties only:

Time of flowering

very early

early

medium

late

very late

Spring flowering varieties only:

Time of flowering

very early

early

medium

late

very late

Horticultural classification of daffodils

/* Tables: see OJ */

L.

Flower: type

single

semi-double

double

Upper petals: marking

absent

present

Lower petals: colour of middle of upper side

RHS colour chart (indicate reference number)

Lower petal: colour of middle part

RHS colour chart (indicate reference number)

or

white

orange pink

red

dark red

blue-pink

purple

violet

other colour

Rosa L.

Plant growth type

dwarf rose

(rarely exceeding 60 cm in height and spread)

bed rose

(compact growth normally between 60 and 150 cm in height)

shrub rose

(growth dense to lax, height often exceeds 150 cm)

climbing rose

(growth normally exceeds 200 cm)

ground cover rose

Flower: type

single

semi-double

double

Flower: diameter

very small

small

medium

large

very large

Flower colour group

white or near white

medium yellow

deep yellow

yellow blend

(includes varieties that are primarily yellow, but yet show some tones of pink-red)

apricot blend

(includes varieties that are primarily apricot, but show tones of some other hues)

orange and orange blend

(includes varieties primarily orange or orange with some other hues)

orange-red

light pink

medium pink

pink blend

(varieties primarily pink, but show tones of other hues, yellow, orange, etc.)

light red and deep pink

medium red

dark red

red blend

(varieties primarily red, but with tones of other hues, yellow, orange, etc.)

mauve

(varieties primarily lavender and purple)

russet

(varieties primarily brown or tan in colour)