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)
Modified by
  • Commission Directive 2006/127/ECof 7 December 2006amending Directive 2003/91/EC 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), 32006L0127, December 8, 2006
  • Commission Directive 2007/49/ECof 26 July 2007amending Directive 2003/91/EC 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), 32007L0049, July 27, 2007
  • Commission Directive 2008/83/ECof 13 August 2008amending Directive 2003/91/EC 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), 32008L0083, August 14, 2008
  • 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 2012/44/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 Directive 2003/91/ECof 6 October 2003setting 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 11.Member States shall provide for the inclusion in a national catalogue within the meaning of Article 3(2) of Directive 2002/55/EC of varieties of vegetable species which fulfil the requirements set out in paragraph 2.2.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.
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 72/168/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 vegetable species, and official examinations started prior to that date in accordance with the provisions of either(a)Directive 72/168/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 72/168/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 technical protocolsThe text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).
Scientific nameCommon nameCPVO protocol
Allium cepa L. (Cepa group)Onion and EchalionTP 46/2 of 1.4.2009
Allium cepa L. (Aggregatum group)ShallotTP 46/2 of 1.4.2009
Allium fistulosum L.Japanese bunching onion or Welsh onionTP 161/1 of 11.3.2010
Allium porrum L.LeekTP 85/2 of 1.4.2009
Allium sativum L.GarlicTP 162/1 of 25.3.2004
Allium schoenoprasum L.ChivesTP 198/2 of 11.3.2015
Apium graveolens L.CeleryTP 82/1 of 13.3.2008
Apium graveolens L.CeleriacTP 74/1 of 13.3.2008
Asparagus officinalis L.AsparagusTP 130/2 of 16.2.2011
Beta vulgaris L.Beetroot including Cheltenham beetTP 60/1 of 1.4.2009
Beta vulgaris L.Spinach beet or ChardTP 106/1 of 11.3.2015
Brassica oleracea L.Curly kaleTP 90/1 of 16.2.2011
Brassica oleracea L.CauliflowerTP 45/2 Rev. 2 of 21.3.2018
Brassica oleracea L.Sprouting broccoli or CalabreseTP 151/2 Rev. 2 of 21.4.2020
Brassica oleracea L.Brussels sproutsTP 54/2 Rev. of 15.3.2017
Brassica oleracea L.KohlrabiTP 65/1 Rev. of 15.3.2017
Brassica oleracea L.Savoy cabbage, White cabbage and Red cabbageTP 48/3 Rev. of 15.3.2017
Brassica rapa L.Chinese cabbageTP 105/1 of 13.3.2008
Capsicum annuum L.Chilli or PepperTP 76/2 Rev. 2 of 21.4.2020
Cichorium endivia L.Curled-leaved endive and Plain-leaved endiveTP 118/3 of 19.3.2014
Cichorium intybus L.Industrial chicoryTP 172/2 of 1.12.2005
Cichorium intybus L.Leaf chicoryTP 154/1 Rev. of 19.3.2019
Cichorium intybus L.Witloof chicoryTP 173/2 of 21.3.2018
Citrullus lanatus (Thunb.) Matsum. et NakaiWatermelonTP 142/2 of 19.3.2014
Cucumis melo L.MelonTP 104/2 Rev. of 21.4.2020
Cucumis sativus L.Cucumber and GherkinTP 61/2 Rev. 2 of 19.3.2019
Cucurbita maxima DuchesneGourdTP 155/1 of 11.3.2015
Cucurbita pepo L.Marrow or CourgetteTP 119/1 Rev. of 19.3.2014
Cynara cardunculus L.Globe artichoke and CardoonTP 184/2 Rev. of 6.3.2020
Daucus carota L.Carrot and Fodder carrotTP 49/3 of 13.3.2008
Foeniculum vulgare Mill.FennelTP 183/1 of 25.3.2004
Lactuca sativa L.LettuceTP 13/6 Rev. of 15.2.2019
Solanum lycopersicum L.TomatoTP 44/4 Rev. 4 of 21.4.2020
Petroselinum crispum (Mill.) Nyman ex A. W. HillParsleyTP 136/1 of 21.3.2007
Phaseolus coccineus L.Runner beanTP 9/1 of 21.3.2007
Phaseolus vulgaris L.Dwarf French bean and Climbing French beanTP 12/4 of 27.2.2013
Pisum sativum L. (partim)Wrinkled pea, Round pea and Sugar peaTP 7/2 Rev. 3 of 6.3.2020
Raphanus sativus L.Radish, Black radishTP 64/2 Rev. Corr. of 11.3.2015
Rheum rhabarbarum LRhubarbTP 62/1 of 19.4.2016
Scorzonera hispanica L.Scorzonera or Black salsifyTP 116/1 of 11.3.2015
Solanum melongena L.Aubergine or Egg plantTP 117/1 of 13.3.2008
Spinacia oleracea L.SpinachTP 55/5 Rev. 3 of 6.3.2020
Valerianella locusta (L.) Laterr.Corn salad or Lamb’s lettuceTP 75/2 of 21.3.2007
Vicia faba L. (partim)Broad beanTP 206/1 of 25.3.2004
Zea mays L. (partim)Sweet corn and Pop cornTP 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. SpoonerTomato rootstocksTP 294/1 Rev. 4 of 21.4.2020
Cucurbita maxima Duchesne x Cucurbita moschata DuchesneInterspecific hybrids of Cucurbita maxima Duchesne x Cucurbita moschata Duchesne for use as rootstocksTP 311/1 of 15.3.2017
ANNEX IIList of species referred to in Article 1(2)(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 nameCommon nameUPOV guideline
Brassica rapa L.TurnipTG/37/10 of 4.4.2001
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