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,

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). ’ * * *