Commission 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 (Text with EEA relevance)

Article 1

• (a) the species listed in Annex I shall comply with the conditions laid down in the ‘Protocols for distinctness, uniformity and stability tests’ of the Administrative Council of the Community Plant Variety Office (CPVO) listed in that Annex;

• (b) the species listed in Annex II shall comply with the test guidelines for the conduct of tests for distinctness, uniformity and stability of the International Union for the Protection of New Varieties of Plants (UPOV) listed in that Annex.

By way of derogation from the first subparagraph, as regards uniformity, the organic varieties suitable for organic production, which belong to the species listed in Annex IV, Part A, may comply instead with the conditions listed in Part B of that Annex.

Member States shall report, to the Commission and the other Member States, by 31 December of each year, until 31 December 2030, on the number of applications for variety registrations and results of the examinations for distinctness, uniformity and stability (DUS) concerning those organic varieties

By way of derogation from the first subparagraph, as regards the value for cultivation or use, organic varieties suitable for organic production, which belong to the species listed in Annex V, Part A, may comply instead with the conditions laid down in Part B of that Annex.

Member States shall report, to the Commission and the other Member States, by 31 December of each year, until 31 December 2030, on the number of applications and results of the examinations for the value of cultivation and use (VCU) concerning those organic varieties.

Article 2

All the varietal characteristics within the meaning of Article 1(2)(a), and any characteristics which are marked by an asterisk (*) in the test guidelines referred to in Article 1(2)(b) shall be used, providing that observation of a characteristic is not rendered impossible by the expression of any other characteristics, and providing that the expression of a characteristic is not prevented by the environmental conditions under which the test is conducted.

Article 3

Member States shall ensure that in respect of the species listed in Annexes I and II, the minimum requirements for carrying out the examinations in respect of trial design and growing conditions, as laid down in the test guidelines referred to in those Annexes, are fulfilled at the time of the examinations.

Article 4

Directive 72/180/EEC is repealed.

Article 5

When Member States adopt these measures, they shall contain a reference to this Directive or shall 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 6

• (a) Directive 72/180/EEC or

• (b) the CPVO guidelines listed in Annex I or the UPOV guidelines listed in Annex II, according to the species,

the varieties concerned shall be deemed to fulfil the requirements of this Directive.

• (a) Directive 72/180/EEC or

• (b) the CPVO guidelines listed in Annex I or the UPOV guidelines listed in Annex II, according to the species.

Article 7

This Directive shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

Article 8

This Directive is addressed to the Member States.

ANNEX I

List of species referred to in Article 1(2), point (a), which are to comply with CPVO technical protocols ([^E0001])

ANNEX II

List of species referred to in Article 1(2), point (b), which are to comply with UPOV test guidelines ([^E0002])

ANNEX III

CHARACTERISTICS AS REGARDS THE EXAMINATION OF THE VALUE FOR CULTIVATION OR USE

• 1.Yield.

• 2.Resistance to harmful organisms.

• 3.Behaviour with respect to factors in the physical environment.

• 4.Quality characteristics.

The methods used shall be specified when the results are submitted.

ANNEX IV

PART A

List of species referred to in the second subparagraph of Article 1(2)

Barley

Maize

Rye

Wheat

PART B

Specific provisions concerning tests for distinctness, uniformity and stability for organic varieties of agricultural plant species suitable for organic production

1. General rule

The following shall apply to organic varieties of agricultural plant species suitable for organic production:

• 1.1.As regards distinctness and stability, all characteristics of the protocols and guidelines referred to in Annexes I and II shall be observed and described.

• 1.2.As regards uniformity, all characteristics of the protocols and guidelines referred to in Annexes I and II shall be observed and described and the following shall apply to the characteristics listed under point 2:

• (a) those characteristics may be assessed in a less stringent way;

• (b) where for those characteristics a derogation from the respective technical protocol is provided for in that point 2, the level of uniformity within the variety shall be similar to the level of uniformity of comparable varieties of common knowledge in the Union.

2. Derogation from technical protocols

2.1.   Barley

For the varieties belonging to the species barley (Hordeum vulgare L.), the following DUS characteristics of the CPVO protocol CPVO/TP-019/5 of the tested variety may deviate from the following DUS requirements for uniformity:

2.2.   Maize

For the varieties belonging to the species maize (Zea mays L.) the following DUS characteristics of the CPVO protocol CPVO-TP/002/3 of the tested variety may deviate from the following DUS requirements for uniformity:

2.3.   Rye

For the varieties belonging to the species rye (Secale cereale L.), the following DUS characteristics of the CPVO protocol CPVO-TP/058/1 of the tested variety may deviate from the following DUS requirements for uniformity:

2.4.   Wheat

For the varieties belonging to the species wheat (Triticum aestivum L. subsp. aestivum.), the following DUS characteristics of the CPVO protocol CPVO-TP/003/5 of the tested variety may deviate from the following DUS requirements for uniformity:

ANNEX V

PART A

List of species referred to in the second subparagraph of Article 1(3)

Barley

Maize

Rye

Wheat

PART B

Conditions to be fulfilled – Value of cultivation and use for organic varieties suitable for organic production

• 1.The examination for cultivation and use shall be conducted under organic conditions, in accordance with the provisions of Regulation (EU) 2018/848, and in particular with the general principles under Article 5(d), (e), (f) and (g) and plant production rules under Article 12.

• 2.The specific needs and objectives of organic agriculture shall be taken into account in variety examination and in the evaluation of examination results. Disease resistance or tolerance, and adaptation to diverse local soil and climate conditions, shall be examined.

• 3.Where competent authorities are not able to provide for an examination under organic conditions, or for the examination of certain characteristics, including disease susceptibility, testing may be carried out pursuant to one of the following points:

• (a) under the supervision of the competent authority on organic breeders premises or organic farms;

• (b) under low-input conditions and with minimum treatments;

• (c) in another Member State, if bilateral agreements between Member States have been concluded to achieve testing under organic conditions.

• The value of a variety for cultivation or use shall be considered as satisfactory if, when compared to other organic varieties suitable for organic production accepted in the catalogue of the Member State in question, its qualities, taken as a whole, offer, at least as far as production in any given region is concerned, a clear improvement either for cultivation or for uses which can be made of the crops or the products derived therefrom. Superior characteristics for the agricultural production, as regards farming practices and food or feed production that present advantages for organic agriculture, shall be considered as particularly valuable for the VCU examination.

• 4.The competent authority shall provide for different examination conditions that are adapted to specific needs of organic agriculture and shall examine to the extent of its capacity specific traits and characteristics, at the applicant’s request, if reproducible methods are available.

[^E0001]: The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

[^E0002]: The text of these guidelines can be found on the UPOV web site (www.upov.int).