Contents
- (1) Commission Directives 2003/90/EC and 2003/91/EC aim to ens…
- (2) The CPVO has updated existing protocols, in particular as…
- (3) In addition the UPOV guideline for turnip rape (TG/185/3)…
- (4) Directives 2003/90/EC and 2003/91/EC should therefore be a…
- (5) The new rules should apply from 1 July 2026 in order to al…
- (6) The measures provided for in this Directive are in accorda…
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 speciesnote, 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 seednote, and in particular Article 7(2), points (a) and (b), thereof,Whereas:
(1)Commission Directives 2003/90/ECnote and 2003/91/ECnote 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 (i) the characteristics to be covered as a minimum by the examination; and (ii) the minimum requirements for carrying out the examination of certain varieties of agricultural plant and vegetable species. For the species not covered by the CPVO protocols, those Directives aim to ensure compliance with the guidelines of the International Union for Protection of New Varieties of Plants (‘UPOV’).
(2)The CPVO has updated existing protocols, in particular as regards swede, fodder kale, rice, kale group, palm kale group, tronchuda group (Portuguese cabbage), Chinese cabbage, tomato and spinach. Those updates should be reflected in Union law.
(3)In addition the UPOV guideline for turnip rape (TG/185/3) has been replaced by CPVO protocol TP/185/1 listed in Annex I to Directive 2003/90/EC. Therefore, that guideline should be removed from Annex II to that Directive.
(4)Directives 2003/90/EC and 2003/91/EC should therefore be amended accordingly.
(5)The new rules should apply from 1 July 2026 in order to allow the responsible official bodies to adapt to the new requirements for the official examinations. However, in order not to disrupt the examinations, for varieties that are not yet accepted for inclusion in the Common Catalogue of varieties of agricultural plant or vegetable species, official examinations started but not finalised before 1 July 2026 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.
(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:
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