Commission Directive 2009/97/EC

of 3 August 2009

amending Directives 2003/90/EC and 2003/91/EC setting out implementing measures for the purposes of Article 7 of Council Directives 2002/53/EC and 2002/55/EC respectively, 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 and vegetable 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 species1, 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 seed2, and in particular Article 7(2)(a) and (b) thereof,

Whereas:

(1)
Commission Directives 2003/90/EC3 and 2003/91/EC4 were 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 of the various species and the minimum conditions for examining the varieties, as far as such guidelines had been established. For other varieties those Directives provide that guidelines of the International Union for Protection of new Varieties of Plants (UPOV) are to apply.
(2)

The CPVO has since established further guidelines for a number of other species, and has updated existing ones.

(3)
As regards Directive 2003/90/EC, guidelines have to be added for new species which have recently been included in the lists of species covered by Directives 66/401/EEC5 and 66/402/EEC6.
(4)

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

(5)

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: