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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 Implementing Directive 2014/105/EUof 4 December 2014amending 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), 32014L0105, December 5, 2014
Commission Implementing Directive (EU) 2015/1168of 15 July 2015amending 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), 32015L1168, July 16, 2015
Commission Implementing Directive (EU) 2016/1914of 31 October 2016amending 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), 32016L1914, November 1, 2016
Commission Implementing Directive (EU) 2018/100of 22 January 2018amending 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), 32018L0100, January 23, 2018
Commission Implementing Directive (EU) 2019/114of 24 January 2019amending 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), 32019L0114, January 25, 2019
Commission Implementing Directive (EU) 2019/1985of 28 November 2019amending 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), 32019L1985, November 29, 2019
Commission Implementing Directive (EU) 2021/746of 6 May 2021amending Directives 2003/90/EC and 2003/91/EC as regards the protocols for the examination of certain varieties of agricultural plant species and vegetable species, and amending Directive 2003/90/EC as regards certain botanical names of plants(Text with EEA relevance), 32021L0746, May 7, 2021
Commission Implementing Directive (EU) 2022/905of 9 June 2022amending Directives 2003/90/EC and 2003/91/EC as regards the protocols for the examination of certain varieties of agricultural plant species and vegetable species(Text with EEA relevance), 32022L0905, June 10, 2022
Commission Implementing Directive (EU) 2022/1647of 23 September 2022amending Directive 2003/90/EC as regards a derogation for organic varieties of agricultural plant species suitable for organic productionCorrigendum to Commission Implementing Directive (EU) 2022/1647 of 23 September 2022 amending Directive 2003/90/EC as regards a derogation for organic varieties of agricultural plant species suitable for organic production(Official Journal of the European Union L 248 of 26 September 2022), 32022L164732022L1647R(01), September 26, 2022

Corrected by

Corrigendum to Commission Implementing Directive (EU) 2022/1647 of 23 September 2022 amending Directive 2003/90/EC as regards a derogation for organic varieties of agricultural plant species suitable for organic production, 32022L1647R(01), March 2, 2023

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)

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, uniformity and stability, and without prejudice to the second subparagraph:(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.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 IV, 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 varieties3.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.By way of derogation from the first subparagraph, as regards the value for cultivation or use, organic varieties suitable for organic production, which belong to the species listed in Annex V, Part A, may comply instead with the conditions laid down 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 and results of the examinations for the value of cultivation and use (VCU) concerning those organic varieties.

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 I

List of species referred to in Article 1(2), point (a), which are to comply with CPVO technical protocolsThe text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

Scientific name	Common name	CPVO protocol
Dactylis glomerata L.	Cocksfoot	TP 31/1 of 25.3.2021
Festuca arundinacea Schreb.	Tall fescue	TP 39/1 of 1.10.2015
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 pratensis Huds.	Meadow fescue	TP 39/1 of 1.10.2015
Festuca rubra L.	Red fescue	TP 67/1 of 23.6.2011
Festuca trachyphylla (Hack.) Hack.	Hard fescue	TP 67/1 of 23.6.2011
Lolium multiflorum Lam.	Italian ryegrass	TP 4/2 of 19.3.2019
Lolium perenne L.	Perennial ryegrass	TP 4/2 of 19.3.2019
Lolium x hybridum Hausskn.	Hybrid ryegrass	TP 4/2 of 19.3.2019
Medicago sativa L.	Lucerne	TP /6/1 of 22.12.2021
Medicago x varia T. Martyn	Sand lucerne	TP 6/1 of 22.12.2021
Phleum nodosum L.	Small timothy	TP 34/1 of 22.12.2021
Phleum pratense L.	Timothy	TP 34/1 of 22.12.2021
Pisum sativum L. (partim)	Field pea	TP 7/2 Rev. 3 Corr of 16.3.2020
Poa pratensis L.	Smooth-stalked meadow grass	TP 33/1 of 15.3.2017
Trifolium pratense L.	Red clover	TP 5/1 of 22.12.2021
Vicia faba L.	Field bean	TP 8/1 of 19.3.2019
Vicia sativa L.	Common vetch	TP 32/1 of 19.4.2016
Brassica napus L. var. napobrassica (L.) Rchb.	Swede	TP 89/1 of 11.3.2015
Raphanus sativus L. var. oleiformis Pers.	Fodder radish	TP 178/1 of 15.3.2017
Brassica napus L. (partim)	Swede rape	TP 36/3 of 21.4.2020
Cannabis sativa L.	Hemp	TP 276/2 of 1.2.2022
Glycine max (L.) Merr.	Soya bean	TP 80/1 of 15.3.2017
Gossypium spp.	Cotton	TP 88/2 of 11.12.2020
Helianthus annuus L.	Sunflower	TP 81/1 of 31.10.2002
Linum usitatissimum L.	Flax/Linseed	TP 57/2 of 19.3.2014
Sinapis alba L.	White mustard	TP 179/1 of 15.3.2017
Avena nuda L.	Small naked oat, Hulless oat	TP 20/3 of 6.3.2020
Avena sativa L. (includes A. byzantina K. Koch)	Oats and Red oat	TP 20/3 of 6.3.2020
Hordeum vulgare L.	Barley	TP 19/5 of 19.3.2019
Oryza sativa L.	Rice	TP 16/3 of 1.10.2015
Secale cereale L.	Rye	TP 58/1 Rev of 27.4.2022
Sorghum bicolor (L.) Moench subsp. bicolor	Sorghum	TP 122/1 of 19.3.2019
Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse	Sudan grass	TP 122/1 of 19.3.2019
Sorghum bicolor (L.) Moench subsp. bicolor x Sorghum bicolor (L.) Moench subsp. drummondii (Steud.) de Wet ex Davidse	Hybrids resulting from the crossing of Sorghum bicolor subsp. bicolor and Sorghum bicolor subsp. drummondii	TP 122/1 of 19.3.2019
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 121/3 of 27.4.2022
Triticum aestivum L. subsp. aestivum	Wheat	TP 3/5 of 19.3.2019
Triticum turgidum L. subsp. durum (Desf.) van Slageren	Durum wheat	TP 120/3 of 19.3.2014
Zea mays L. (partim)	Maize	TP 2/3 of 11.3.2010
Solanum tuberosum L.	Potato	TP 23/3 of 15.3.2017

ANNEX II

List of species referred to in Article 1(2), point (b), which are to comply with UPOV test guidelinesThe 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 grass	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

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
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 doliata Carmign.	Straight-spined medic	TG/228/1 of 5.4.2006
Medicago italica (Mill.) Fiori	Disc medic	TG/228/1 of 5.4.2006
Medicago littoralis Rohde ex Loisel.	Shore medic/Strand medic	TG/228/1 of 5.4.2006
Medicago lupulina L.	Trefoil	TG/228/1 of 5.4.2006
Medicago murex Willd.	Sphere medic	TG/228/1 of 5.4.2006
Medicago polymorpha L.	Bur medic	TG/228/1 of 5.4.2006
Medicago rugosa Desr.	Wrinkled medic/Gama medic	TG/228/1 of 5.4.2006
Medicago scutellata (L.) Mill.	Snail medic/Shield medic	TG/228/1 of 5.4.2006
Medicago truncatula Gaertn.	Barrel medic	TG/228/1 of 5.4.2006
Trifolium repens L.	White clover	TG/38/7 of 9.4.2003
Trifolium subterraneum L.	Subterranean clover	TG/170/3 of 4.4.2001
Phacelia tanacetifolia Benth.	California Bluebell	TG/319/1 of 5.4.2017
Arachis hypogaea L.	Groundnut/Peanut	TG/93/4 of 9.4.2014
Brassica juncea (L.) Czern	Brown mustard	TG/335/1 of 17.12.2020
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
Papaver somniferum L.	Poppy	TG/166/4 of 9.4.2014

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.ANNEX IVPART AList of species referred to in the second subparagraph of Article 1(2)BarleyMaizeRyeWheatPART BSpecific provisions concerning tests for distinctness, uniformity and stability for organic varieties of agricultural plant species suitable for organic production1.General ruleThe following shall apply to organic varieties of agricultural plant 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:(a)those characteristics may be assessed in a less stringent way;(b)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 protocols2.1.BarleyFor the varieties belonging to the species barley (Hordeum vulgare L.), the following DUS characteristics of the CPVO protocol CPVO/TP-019/5 of the tested variety may deviate from the following DUS requirements for uniformity:CPVO No 5Flag leaf: anthocyanin colouration of auriclesCPVO No 8Flag leaf: glaucosity of sheathCPVO No 9Awns: anthocyanin coloration of tipsCPVO No 10Ear: glaucosityCPVO No 12Grain: anthocyanin coloration of nerves of lemmaCPVO No 16Sterile spikelet: attitudeCPVO No 17Ear: shapeCPVO No 20Awn: lengthCPVO No 21Rachis: length of first segmentCPVO No 22Rachis: curvature of first segmentCPVO No 23Median spikelet: length of glume and its awn relative to grainCPVO No 25Grain: spiculation of inner lateral nerves of dorsal side of lemma2.2.MaizeFor the varieties belonging to the species maize (Zea mays L.) the following DUS characteristics of the CPVO protocol CPVO-TP/002/3 of the tested variety may deviate from the following DUS requirements for uniformity:CPVO No 1First leaf: anthocyanin coloration of sheathCPVO No 2First leaf: shape of apexCPVO No 8Tassel: anthocyanin coloration of glumes excluding baseCPVO No 9Tassel: anthocyanin coloration of anthersCPVO No 10Tassel: angle between main axis and lateral branchesCPVO No 11Tassel: curvature of lateral branchesCPVO No 15Stem: anthocyanin coloration of brace rootsCPVO No 16Tassel: density of spikeletsCPVO No 17Leaf: anthocyanin coloration of sheathCPVO No 18Stem: anthocyanin coloration of internodesCPVO No 19Tassel: length of main axis above lowest lateral branchCPVO No 20Tassel: length of main axis above highest lateral branchCPVO No 21Tassel: length of lateral branch2.3.RyeFor the varieties belonging to the species rye (Secale cereale L.), the following DUS characteristics of the CPVO protocol CPVO-TP/058/1 of the tested variety may deviate from the following DUS requirements for uniformity:CPVO No 3Coleoptile: anthocyanin colorationCPVO No 4Coleoptile: lengthCPVO No 5First leaf: length of sheathCPVO No 6First leaf: length of bladeCPVO No 8Flag leaf: glaucosity of sheathCPVO No 10Leaf next to flag leaf: length of bladeCPVO No 11Leaf next to flag leaf: width of bladeCPVO No 12Ear: glaucosityCPVO No 13Stem: hairiness below ear2.4.WheatFor the varieties belonging to the species wheat (Triticum aestivum L. subsp. aestivum.), the following DUS characteristics of the CPVO protocol CPVO-TP/003/5 of the tested variety may deviate from the following DUS requirements for uniformity:CPVO No 3Coleoptile: anthocyanin colorationCPVO No 6Flag leaf: anthocyanin coloration of auriclesCPVO No 8Flag leaf: glaucosity of sheathCPVO No 9Flag leaf: glaucosity of bladeCPVO No 10Ear: glaucosityCPVO No 11Culm: glaucosity of neckCPVO No 20Ear: shape in profileCPVO No 21Apical rachis segment: area of hairiness on convex surfaceCPVO No 22Lower glume: shoulder widthCPVO No 23Lower glume: shoulder shapeCPVO No 24Lower glume: length of beakCPVO No 25Lower glume: shape of beakCPVO No 26Lower glume: area of hairiness on internal surfaceANNEX VPART AList of species referred to in the second subparagraph of Article 1(3)BarleyMaizeRyeWheatPART BConditions to be fulfilled – Value of cultivation and use for organic varieties suitable for organic production1.The examination for cultivation and use shall be conducted under organic conditions, in accordance with the provisions of Regulation (EU) 2018/848, and in particular with the general principles under Article 5(d), (e), (f) and (g) and plant production rules under Article 12.2.The specific needs and objectives of organic agriculture shall be taken into account in variety examination and in the evaluation of examination results. Disease resistance or tolerance, and adaptation to diverse local soil and climate conditions, shall be examined.3.Where competent authorities are not able to provide for an examination under organic conditions, or for the examination of certain characteristics, including disease susceptibility, testing may be carried out pursuant to one of the following points:(a)under the supervision of the competent authority on organic breeders premises or organic farms;(b)under low-input conditions and with minimum treatments;(c)in another Member State, if bilateral agreements between Member States have been concluded to achieve testing under organic conditions.The value of a variety for cultivation or use shall be considered as satisfactory if, when compared to other organic varieties suitable for organic production accepted in the catalogue of the Member State in question, its qualities, taken as a whole, offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or for uses which can be made of the crops or the products derived therefrom. Superior characteristics for the agricultural production, as regards farming practices and food or feed production that present advantages for organic agriculture, shall be considered as particularly valuable for the VCU examination.4.The competent authority shall provide for different examination conditions that are adapted to specific needs of organic agriculture and shall examine to the extent of its capacity specific traits and characteristics, at the applicant’s request, if reproducible methods are available.

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