Commission Implementing Directive (EU) 2022/905 of 9 June 2022 amending 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)
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)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,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), points (a) and (b), thereof,Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seedOJ L 193, 20.7.2002, p. 33., and in particular Article 7(2), points (a) and (b), thereof,Whereas:(1)Commission Directives 2003/90/ECCommission 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 (OJ L 254, 8.10.2003, p. 7). and 2003/91/ECCommission 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 (OJ L 254, 8.10.2003, p. 11). aim to ensure that the varieties of agricultural plant species and vegetable species that Member States include in their national catalogues comply with the protocols established by the Community Plant Variety Office ("CPVO"). In particular, those Directives aim to ensure compliance with the rules concerning the characteristics to be covered as a minimum by the examination and the minimum conditions for examining certain varieties of agricultural plant and vegetable species. For the species not covered by the CPVO protocols those Directives aim to ensure compliance with guidelines of the International Union for Protection of New Varieties of Plants ("UPOV").(2)The CPVO has established further protocols and has updated existing ones, in particular as regards cocksfoot, lucerne, sand lucerne, small timothy, timothy, red clover, hemp, rye, triticale, spinach beet or chard, savoy cabbage, white cabbage and red cabbage, leaf chicory, watermelon, melon, fennel, lettuce, tomato, spinach and tomato rootstocks. Those developments should be reflected in Union law.(3)Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.(4)Member States are to apply the new rules from 1 January 2023. However, for certain varieties that were not accepted for inclusion in the Common Catalogue of varieties of agricultural plant or vegetable species, official examinations, which are not yet finalised, have started prior to 1 January 2023 in accordance with Directive 2003/90/EC or Directive 2003/91/EC as they stood before being amended by this Directive. In order not to disrupt those examinations, they should be subject to those previous rules.(5)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,HAS ADOPTED THIS DIRECTIVE: