Commission Implementing Directive (EU) 2023/1438 of 10 July 2023 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) 2023/1438of 10 July 2023amending 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 and UPOV have updated existing protocols, in particular as regards hemp, garlic, kohlrabi, leaf chicory, watermelon and turnip. 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 should apply the new rules from 1 January 2024. However, in order not to disrupt official examinations, the following should apply. For varieties that were not yet accepted for inclusion in the Common Catalogue of varieties of agricultural plant or vegetable species, official examinations, which have started prior to 1 January 2024 and are not yet finalised, should continue to be made in accordance with Directive 2003/90/EC or Directive 2003/91/EC as they stood before being amended by this Directive.(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: