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)
Modified by
  • Commission Directive 2005/91/ECof 16 December 2005amending Directive 2003/90/EC 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), 32005L0091, December 17, 2005
  • Commission Directive 2007/48/ECof 26 July 2007amending Directive 2003/90/EC 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), 32007L0048, July 27, 2007
  • Commission Directive 2009/97/ECof 3 August 2009amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, 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 and vegetable species(Text with EEA relevance), 32009L0097, August 4, 2009
  • Commission Directive 2010/46/EUof 2 July 2010amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, 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 and vegetable species(Text with EEA relevance), 32010L0046, July 3, 2010
Commission Directive 2003/90/ECof 6 October 2003setting 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) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant speciesOJ L 193, 20.7.2002, p. 1., and in particular Article 7(2)(a) and (b) thereof,Whereas:(1)Commission Directive 72/180/EEC of 14 April 1972 determining the characteristics and minimum conditions for examining varieties of agricultural plant speciesOJ L 108, 8.5.1972, p. 8., as amended by Directive 2002/8/ECOJ L 37, 7.2.2002, p. 7., has established, with a view to official acceptance of the varieties in the Member States' catalogues, the characteristics to be covered as a minimum by the examinations of the various species, as well as the minimum requirements for carrying out the examinations.(2)Test guidelines relating to the conditions for the examination of the varieties have been issued by the Administrative Council of the Community Plant Variety Office (CPVO) established by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rightsOJ L 227, 1.9.1994, p. 1., as last amended by Regulation (EC) No 1650/2003OJ L 245, 29.9.2003, p. 28., in respect of certain species.(3)Test guidelines establishing the conditions for the examinations of the varieties exist at international level. The International Union for the Protection of New Varieties of Plants (UPOV) has developed test guidelines.(4)Directive 72/180/EEC was amended by Directive 2002/8/EC to ensure consistency between the CPVO test guidelines and the conditions for examining the varieties with a view to their acceptance in the national catalogues of varieties of the Member States as far as CPVO test guidelines had been established. The CPVO has since issued guidelines for a number of other species.(5)It is appropriate to ensure consistency between the CPVO test guidelines and the conditions for the varieties with a view to their acceptance into national catalogues of the Member States.(6)It is appropriate to base the Community system on the UPOV test guidelines, in so far as the CPVO has not yet developed specific guidelines. National law applies for the species not covered by this Directive.(7)Directive 72/180/EEC should therefore be repealed.(8)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,HAS ADOPTED THIS DIRECTIVE:
Article 11.Member States shall provide for the inclusion in a national catalogue, within the meaning of Article 3(1) of Directive 2002/53/EC, of varieties of agricultural plant species which fulfil the requirements set out in paragraphs 2 and 3.2.As regards distinctness, stability and uniformity:(a)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;(b)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.3.As regards the value for cultivation or use, the varieties shall comply with the conditions laid down in Annex III, without prejudice to Article 4(2) of the Directive.
Article 2All 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 3Member 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 4Directive 72/180/EEC is repealed.
Article 51.Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive by 31 March 2004 at the latest. They shall forthwith inform the Commission thereof.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.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 61.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(a)Directive 72/180/EEC or(b)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.2.Paragraph 1 shall only apply where the trials lead to the conclusion that the varieties comply with the rules set out in either(a)Directive 72/180/EEC or(b)the CPVO guidelines listed in Annex I or the UPOV guidelines listed in Annex II, according to the species.
Article 7This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
Article 8This Directive is addressed to the Member States.
nullANNEX IList of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols
Scientific nameCommon nameCPVO protocol
Pisum sativum L.Field peaTP 7/2 of 11.3.2010
Brassica napus L.Swede rapeTP 36/1 of 25.3.2004
Helianthus annuus L.SunflowerTP 81/1 of 31.10.2002
Linum usitatissimum L.Flax/LinseedTP 57/1 of 21.3.2007
Avena nuda L.Small naked oat, Hulless oatTP 20/1 of 6.11.2003
Avena sativa L. (includes A. byzantina K. Koch)Oats and Red oatTP 20/1 of 6.11.2003
Hordeum vulgare L.BarleyTP 19/2rev. of 11.3.2010
Oryza sativa L.RiceTP 16/1 of 18.11.2004
Secale cereale L.RyeTP 58/1 of 31.10.2002
Triticosecale Wittm. ex A. CamusHybrids resulting from the crossing of a species of the genus Triticum and a species of the genus SecaleTP 121/2 of 22.1.2007
Triticum aestivum L.WheatTP 3/4rev. of 28.10.2009
Triticum durum Desf.Durum wheatTP 120/2 of 6.11.2003
Zea mays L.MaizeTP 2/3 of 11.3.2010
Solanum tuberosum L.PotatoTP 23/2 of 1.12.2005
The text of these protocols can be found on the CPVO website (www.cpvo.europa.eu).ANNEX IIList of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines
Scientific nameCommon nameUPOV guideline
Beta vulgaris L.Fodder beetTG/150/3 of 4.11.1994
Agrostis canina L.Velvet bentTG/30/6 of 12.10.1990
Agrostis gigantea Roth.Red topTG/30/6 of 12.10.1990
Agrostis stolonifera L.Creeping bentTG/30/6 of 12.10.1990
Agrostis capillaris L.Brown topTG/30/6 of 12.10.1990
Bromus catharticus VahlRescue grassTG/180/3 of 4.4.2001
Bromus sitchensis Trin.Alaska brome grassTG/180/3 of 4.4.2001
Dactylis glomerata L.CocksfootTG/31/8 of 17.4.2002
Festuca arundinacea SchreberTall fescueTG/39/8 of 17.4.2002
Festuca filiformis Pourr.Fine-leaved sheep’s fescueTG/67/5 of 5.4.2006
Festuca ovina L.Sheep’s fescueTG/67/5 of 5.4.2006
Festuca pratensis Huds.Meadow fescueTG/39/8 of 17.4.2002
Festuca rubra L.Red fescueTG/67/5 of 5.4.2006
Festuca trachyphylla (Hack.) KrajinaHard fescueTG/67/5 of 5.4.2006
Lolium multiflorum Lam.Italian ryegrassTG/4/8 of 5.4.2006
Lolium perenne L.Perennial ryegrassTG/4/8 of 5.4.2006
Lolium x boucheanum KunthHybrid ryegrassTG/4/8 of 5.4.2006
Phleum nodosum L.Small timothyTG/34/6 of 7.11.1984
Phleum pratense L.TimothyTG/34/6 of 7.11.1984
Poa pratensis L.Smooth-stalked meadow grassTG/33/6 of 12.10.1990
Lupinus albus L.White lupinTG/66/4 of 31.3.2004
Lupinus angustifolius L.Narrow-leaved lupinTG/66/4 of 31.3.2004
Lupinus luteus L.Yellow lupinTG/66/4 of 31.3.2004
Medicago sativa L.LucerneTG/6/5 of 6.4.2005
Medicago x varia T. MartynSand lucerneTG/6/5 of 6.4.2005
Trifolium pratense L.Red cloverTG/5/7 of 4.4.2001
Trifolium repens L.White cloverTG/38/7 of 9.4.2003
Vicia faba L.Field beanTG/8/6 of 17.4.2002
Vicia sativa L.Common vetchTG/32/6 of 21.10.1988
Brassica napus L. var. napobrassica (L.) Rchb.SwedeTG/89/6rev. of 4.4.2001 + 1.4.2009
Raphanus sativus L. var. oleiformis Pers.Fodder radishTG/178/3 of 4.4.2001
Arachis hypogea L.Groundnut/PeanutTG/93/3 of 13.11.1985
Brassica rapa L. var. silvestris (Lam.) BriggsTurnip rapeTG/185/3 of 17.4.2002
Carthamus tinctorius L.SafflowerTG/134/3 of 12.10.1990
Gossypium spp.CottonTG/88/6 of 4.4.2001
Papaver somniferum L.PoppyTG/166/3 of 24.3.1999
Sinapis alba L.White mustardTG/179/3 of 4.4.2001
Glycine max (L.) MerrillSoya beanTG/80/6 of 1.4.1998
Sorghum bicolor (L.) MoenchSorghumTG/122/3 of 6.10.1989
The text of these guidelines can be found on the UPOV website (www.upov.int).ANNEX IIICHARACTERISTICS AS REGARDS THE EXAMINATION OF THE VALUE FOR CULTIVATION OR USE1.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.