Commission Directive 2007/48/EC of 26 July 2007 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 speciesText with EEA relevance

Commission Directive 2007/48/EC of 26 July 2007 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 OJ L 193, 20.7.2002, p. 1. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1). , and in particular Article 7(2)(a) and (b) thereof, Whereas: (1) Commission Directive 2003/90/EC OJ L 254, 8.10.2003, p. 7. Directive as amended by Directive 2005/91/EC (OJ L 331, 17.12.2005, p. 24). 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 and UPOV have since established further guidelines for a number of other species or have updated existing ones. (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 November 2007 Member States may apply Directive 2003/90/EC in the version applying before its amendment by this Directive.

Article 3

Member States shall adopt and publish, by 31 October 2007 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 November 2007. 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, 26 July 2007. For the Commission Markos Kyprianou Member of the Commission

Annex

ANNEX

Annex

ANNEX I List of species referred to in Article 1(2)(a) which are to comply with CPVO test protocols Species listed in the Common CatalogueCPVO protocolField peaPea, TP 7/1 of 6.11.2003Swede rapeOilseed rape, TP 36/1 of 25.3.2004SunflowerSunflower, TP 81/1 of 31.10.2002OatsOats, TP 20/1 of 6.11.2003BarleyBarley, TP 19/2 of 6.11.2003RiceRice, TP 16/1 of 18.11.2004RyeRye, TP 58/1 of 31.10.2002TriticaleTriticale, TP 121/2 of 22.1.2007WheatWheat, TP 3/3 of 6.11.2003Durum wheatDurum wheat, TP 120/2 of 6.11.2003MaizeMaize, TP 2/2 of 15.11.2001PotatoPotato, TP 23/2 of 1.12.2005Flax/LinseedFlax/Linseed, TP 57/1 of 21.3.2007 The text of these protocols can be found on the CPVO web site (www.cpvo.europa.eu).

Annex

ANNEX II List of species referred to in Article 1(2)(b) which are to comply with UPOV test guidelines Species listed in the Common CatalogueUPOV guidelinesFodder beetFodder beet, guideline TG/150/3 of 4.11.1994Velvet bentBent, guideline TG/30/6 of 12.10.1990Red topBent, guideline TG/30/6 of 12.10.1990Creeping bentBent, guideline TG/30/6 of 12.10.1990Brown topBent, guideline TG/30/6 of 12.10.1990Rescue grassRescue grass, guideline TG/180/3 of 4.4.2001Alaska brome-grassAlaska brome-grass, guideline TG/180/3 of 4.4.2001CocksfootCocksfoot, guideline TG/31/8 of 17.4.2002 Tall fescueTall fescue, guideline TG/39/8 of 17.4.2002Sheep’s fescueSheep's fescue, guideline TG/67/5 of 5.4.2006Meadow fescueMeadow fescue, guideline TG/39/8 of 17.4.2002Red fescueRed fescue, guideline TG/67/5 of 5.4.2006Italian ryegrassRyegrass, guideline TG/4/8 of 5.4.2006Perennial ryegrassRyegrass, guideline TG/4/8 of 5.4.2006Hybrid ryegrassRyegrass, guideline TG/4/8 of 5.4.2006TimothyTimothy, guideline TG/34/6 of 7.11.1984Smooth-stalked meadow grassKentucky bluegrass, guideline TG/33/6 of 12.10.1990White lupinWhite lupin, guideline TG/66/4 of 31.3.2004Blue lupinBlue lupin, guideline TG/66/4 of 31.3.2004Yellow lupinYellow lupin, guideline TG/66/4 of 31.3.2004LucerneLucerne, guideline TG/6/5 of 6.4.2005Red cloverRed clover, guideline TG/5/7 of 4.4.2001White cloverWhite clover, guideline TG/38/7 of 9.4.2003Field beanField bean, guideline TG/8/6 of 17.4.2002Common vetchCommon vetch, guideline TG/32/6 of 21.10.1988SwedeSwede, guideline TG 89/6 of 4.4.2001Fodder radishFodder radish, guideline TG/178/3 of 4.4.2001Groundnut/PeanutGroundnut, guideline TG/93/3 of 13.11.1985Turnip rapeTurnip rape, guideline TG/185/3 of 17.4.2002SafflowerSafflower, guideline TG/134/3 of 12.10.1990CottonCotton, guideline TG/88/6 of 4.4.2001Opium poppyOpium/Seed poppy, guideline TG/166/3 of 24.3.1999White mustardWhite mustard, guideline TG/179/3 of 4.4.2001Soya beanSoya bean, guideline TG/80/6 of 1.4.1998SorghumSorghum, guideline TG/122/3 of 6.10.1989 The text of these guidelines can be found on the UPOV web site (www.upov.int).