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 Implementing Directive 2011/68/EUof 1 July 2011amending 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), 32011L0068, July 2, 2011
  • Commission Implementing Directive 2012/8/EUof 2 March 2012amending 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), 32012L0008, March 3, 2012
  • Commission Implementing Directive 2012/44/EUof 26 November 2012amending 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), 32012L0044, November 27, 2012
  • Commission Implementing Directive 2013/57/EUof 20 November 2013amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directive 2002/53/EC and Article 7 of Council Directive 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), 32013L0057, November 21, 2013
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 1 1. 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 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 72/180/EEC is repealed.
Article 5 1. 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 6 1. 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 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.
null ANNEX I
List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).
Scientific name Common name CPVO protocol
Festuca filiformis Pourr. Fine-leaved sheep’s fescue TP 67/1 of 23.6.2011
Festuca ovina L. Sheep’s fescue TP 67/1 of 23.6.2011
Festuca rubra L. Red fescue TP 67/1 of 23.6.2011
Festuca trachyphylla (Hack.) Krajina Hard fescue TP 67/1 of 23.6.2011
Lolium multiflorum Lam. Italian ryegrass TP 4/1 of 23.6.2011
Lolium perenne L. Perennial ryegrass TP 4/1 of 23.6.2011
Lolium x boucheanum Kunth Hybrid ryegrass TP 4/1 of 23.6.2011
Pisum sativum L. Field pea TP 7/2 of 11.3.2010
Brassica napus L. Swede rape TP 36/2 of 16.11.2011
Cannabis sativa L. Hemp TP 276/1 of 28.11.2012
Helianthus annuus L. Sunflower TP 81/1 of 31.10.2002
Linum usitatissimum L. Flax/Linseed TP 57/1 of 21.3.2007
Avena nuda L. Small naked oat, Hulless oat TP 20/1 of 6.11.2003
Avena sativa L. (includes A. byzantina K. Koch) Oats and Red oat TP 20/1 of 6.11.2003
Hordeum vulgare L. Barley TP 19/3 of 21.3.2012
Oryza sativa L. Rice TP 16/2 of 21.3.2012
Secale cereale L. Rye TP 58/1 of 31.10.2002
xTriticosecale Wittm. ex A. Camus Hybrids resulting from the crossing of a species of the genus Triticum and a species of the genus Secale TP 121/2 rev. 1 of 16.2.2011
Triticum aestivum L. Wheat TP 3/4 rev. 2 of 16.2.2011
Triticum durum Desf. Durum wheat TP 120/2 of 6.11.2003
Zea mays L. Maize TP 2/3 of 11.3.2010
Solanum tuberosum L. Potato TP 23/2 of 1.12.2005
 ANNEX II
List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines The text of these guidelines can be found on the UPOV web site (www.upov.int).
Scientific name Common name UPOV guideline
Beta vulgaris L. Fodder beet TG/150/3 of 4.11.1994
Agrostis canina L. Velvet bent TG/30/6 of 12.10.1990
Agrostis gigantea Roth. Red top TG/30/6 of 12.10.1990
Agrostis stolonifera L. Creeping bent TG/30/6 of 12.10.1990
Agrostis capillaris L. Brown top TG/30/6 of 12.10.1990
Bromus catharticus Vahl Rescue grass TG/180/3 of 4.4.2001
Bromus sitchensis Trin. Alaska brome grass TG/180/3 of 4.4.2001
Dactylis glomerata L. Cocksfoot TG/31/8 of 17.4.2002
Festuca arundinacea Schreber Tall fescue TG/39/8 of 17.4.2002
Festuca pratensis Huds. Meadow fescue TG/39/8 of 17.4.2002
xFestulolium Asch. et Graebn. Hybrids resulting from the crossing of a species of the genus Festuca with a species of the genus Lolium TG/243/1 of 9.4.2008
Phleum nodosum L. Small timothy TG/34/6 of 7.11.1984
Phleum pratense L. Timothy TG/34/6 of 7.11.1984
Poa pratensis L. Smooth-stalked meadow grass TG/33/6 of 12.10.1990
Lotus corniculatus L. Birdsfoot trefoil TG 193/1 of 9.4.2008
Lupinus albus L. White lupin TG/66/4 of 31.3.2004
Lupinus angustifolius L. Narrow-leaved lupin TG/66/4 of 31.3.2004
Lupinus luteus L. Yellow lupin TG/66/4 of 31.3.2004
Medicago sativa L. Lucerne TG/6/5 of 6.4.2005
Medicago x varia T. Martyn Sand lucerne TG/6/5 of 6.4.2005
Trifolium pratense L. Red clover TG/5/7 of 4.4.2001
Trifolium repens L. White clover TG/38/7 of 9.4.2003
Vicia faba L. Field bean TG/8/6 of 17.4.2002
Vicia sativa L. Common vetch TG/32/7 of 20.3.2013
Brassica napus L. var. napobrassica (L.) Rchb. Swede TG/89/6rev. of 4.4.2001 + 1.4.2009
Raphanus sativus L. var. oleiformis Pers. Fodder radish TG/178/3 of 4.4.2001
Arachis hypogea L. Groundnut/Peanut TG/93/3 of 13.11.1985
Brassica rapa L. var. silvestris (Lam.) Briggs Turnip rape TG/185/3 of 17.4.2002
Carthamus tinctorius L. Safflower TG/134/3 of 12.10.1990
Gossypium spp. Cotton TG/88/6 of 4.4.2001
Papaver somniferum L. Poppy TG/166/3 of 24.3.1999
Sinapis alba L. White mustard TG/179/3 of 4.4.2001
Glycine max (L.) Merrill Soya bean TG/80/6 of 1.4.1998
Sorghum bicolor (L.) Moench Sorghum TG/122/3 of 6.10.1989
 ANNEX III CHARACTERISTICS AS REGARDS THE EXAMINATION OF THE VALUE FOR CULTIVATION OR USE 1.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.