Commission Implementing Directive (EU) 2021/746

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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 species^note, and in particular Article 7(2)(a) and (b) thereof,Having regard to Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed^note, and in particular Article 7(2)(a) and (b) thereof,Whereas:

(1)Commission Directives 2003/90/EC^note and 2003/91/EC^note 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 established further protocols and guidelines and have updated existing ones, in particular as regards field pea, swede rape, cotton, oat, timothy, brown mustard, sprouting broccoli, pepper, melon, globe artichoke, tomato, pea, spinach and tomato rootstocks. Directives 2003/90/EC and 2003/91/EC should be adapted accordingly to reflect those developments.

(3)Commission Implementing Directive (EU) 2021/415^note amended Council Directives 66/401/EEC^note and 66/402/EEC^note as regards certain botanical names of hard fescue, wheat, durum wheat, spelt wheat, sorghum and Sudangrass in order to reflect the development of scientific knowledge. Directive 2003/90/EC should be adapted accordingly to reflect those amendments.

(4)Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.

(5)For certain varieties that were not accepted for inclusion in the Common Catalogue of varieties of agricultural plant or vegetable species, official examinations have started prior to 1 January 2022 in accordance with the provisions of either the CPVO protocols or the UPOV guidelines listed in the respective Annex to Directive 2003/90/EC or 2003/91/EC as they stood before having been amended by this Directive. In order not to disrupt those examinations, it is appropriate that for those examinations Member States apply the national provisions transposing Directives 2003/90/EC and 2003/91/EC as they stood before having been amended by this Directive.

(6)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:

Commission Implementing Directive (EU) 2021/746

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