Commission Directive 2005/91/EC of 16 December 2005 amending 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


Published: 2005-12-16

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L_2005331EN.01002401.xml

17.12.2005   

EN

Official Journal of the European Union

L 331/24
COMMISSION DIRECTIVE 2005/91/EC
of 16 December 2005
amending 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)
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 species (1), and in particular Article 7(2) (a) and (b) thereof,
Whereas:

(1)

Commission Directive 2003/90/EC (2) was adopted to ensure that the varieties the Member States include in their national catalogues comply with the guidelines established by the Community Plant Variety Office (CPVO) as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties that Directive provides that the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV) are to apply.

(2)

The CPVO has since established further guidelines for a number of other species.

(3)

Directive 2003/90/EC should therefore be amended accordingly.

(4)

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
Annexes I and II to Directive 2003/90/EC are replaced by the text in the Annex to this Directive.
Article 2
For examinations started before 1 April 2006, Member States may decide to apply the text of Directive 2003/90/EC applying before its amendment by the present Directive.
Article 3
Member States shall adopt and publish, by 31 March 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 April 2006.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
Article 4
This Directive shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
Article 5
This Directive is addressed to the Member States.

Done at Brussels, 16 December 2005.


For the Commission

Markos KYPRIANOU

Member of the Commission




(1)  OJ L 193, 20.7.2002, p. 1. Directive as amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).

(2)  OJ L 254, 8.10.2003, p. 7.
ANNEX

ANNEX I
List of species which shall comply with CPVO test guidelines

Species listed in the Common Catalogue
CPVO protocol
Field pea
Pea, TP 7/1 of 6.11.2003
Swede rape
Oilseed rape, TP 36/1 of 25.3.2004
Sunflower
Sunflower, TP 81/1 of 31.10.2002
Oats
Oats, TP 20/1 of 6.11.2003
Barley
Barley, TP 19/2 of 6.11.2003
Rice
Rice, TP 16/1 of 18.11.2004
Rye
Rye, TP 58/1 of 31.10.2002
Triticale
Triticale, TP 121/1 of 6.11.2003
Wheat
Wheat, TP 3/3 of 6.11.2003
Durum wheat
Durum wheat, TP120/2 of 6.11.2003
Maize
Maize, TP 2/2 of 15.11.2001
Potato
Potato, TP 23/1 of 27.3.2002
The text of these protocols can be found on the CPVO web site (www.cpvo.eu.int).


ANNEX II
List of species which shall comply with UPOV test guidelines

Species listed in the Common Catalogue
UPOV guidelines
Fodder beet
Fodder beet, guideline TG/150/3 of 4.11.1994
Velvet bent
Bent, guideline TG/30/6 of 12.10.1990
Red top
Bent, guideline TG/30/6 of 12.10.1990
Creeping bent
Bent, guideline TG/30/6 of 12.10.1990
Brown top
Bent, guideline TG/30/6 of 12.10.1990
Rescue grass
Rescue grass, guideline TG/180/3 of 4.4.2001
Alaska brome-grass
Alaska brome-grass, guideline TG/180/3 of 4.4.2001
Cocksfoot
Cocksfoot, guideline TG/31/8 of 17.4.2002
Tall fescue
Tall fescue, guideline TG/39/8 of 17.4.2002
Sheep’s fescue
Sheep's fescue, guideline TG/67/4 of 12.11.1980
Meadow fescue
Meadow fescue, guideline TG/39/8 of 17.4.2002
Red fescue
Red fescue, guideline TG/67/4 of 12.11.1980
Italian ryegrass
Ryegrass, guideline TG/4/7 of 12.10.1990
Perennial ryegrass
Ryegrass, guideline TG/4/7 of 12.10.1990
Hybrid ryegrass
Ryegrass, guideline TG/4/7 of 12.10.1990
Timothy
Timothy, guideline TG/34/6 of 7.11.1984
Smooth-stalked meadow grass
Kentucky bluegrass, guideline TG/33/6 of 12.10.1990
White lupin
White lupin, guideline TG/66/4 of 31.3.2004
Blue lupin
Blue lupin, guideline TG/66/4 of 31.3.2004
Yellow lupin
Yellow lupin, guideline TG/66/4 of 31.3.2004
Lucerne
Lucerne, guideline TG/6/5 of 6.4.2005
Red clover
Red clover, guideline TG/5/7 of 4.4.2001
White clover
White clover, guideline TG/38/7 of 9.4.2003
Field bean
Field bean, guideline TG/8/6 of 17.4.2002
Common vetch
Common vetch, guideline TG/32/6 of 21.10.1988
Swede
Swede, guideline 89/6 of 4.4.2001
Fodder radish
Fodder radish, guideline TG/178/3 of 4.4.2001
Groundnut/Peanut
Groundnut, guideline TG/93/3 of 13.11.1985
Turnip rape
Turnip rape, guideline TG/185/3 of 17.4.2002
Safflower
Safflower, guideline TG/134/3 of 12.10.1990
Cotton
Cotton, guideline TG/88/6 of 4.4.2001
Flax/Linseed
Flax/Linseed, guideline TG/57/6 of 20.10.1995
Opium poppy
Opium/Seed poppy, guideline TG/166/3 of 24.3.1999
White mustard
White mustard, guideline TG/179/3 of 4.4.2001
Soya bean
Soya bean, guideline TG/80/6 of 1.4.1998
Sorghum
Sorghum, guideline TG/122/3 of 6.10.1989
The text of these guidelines can be found on the UPOV web site (www.upov.int).