Ministerial Decree No. 275759 setting out the Technical Regulation for determining the minimum characteristics for consideration and the minimum conditions for carrying out the examination of certain varieties of vegetable species, in compliance with Commission Directive 2003/91/EC.

The present Decree establishes national provisions and determines the minimum characteristics for consideration and the minimum conditions for carrying out the examination of certain varieties of vegetable species for their official acceptance and their registration into the National Catalogue of Varieties of Vegetable Species, in application of article of 7 of Ministerial Decree No. 236989/2003 and in conformity with the Commission Directive 2003/91/EC. The inclusion in the national catalogue of vegetable species shall be done within the meaning of article 3 of Ministerial Decree No. 236989/2003 provided they fulfil the requirements for distinctness, stability and uniformity as set out in this Decree. More specifically, the species listed in Annex I to this Decree 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); 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). In respect of the species listed in Annexes I and II, the minimum requirements for carrying out the official examinations in respect of trial design and growing conditions, as laid down in the test guidelines referred to in those Annexes, must be fulfilled at the time of the examinations. Where, on the entry into force of this Decree, varieties have not been accepted for inclusion into the National Catalogue and official examinations started prior to that date, the acceptance and examinations shall be deemed to fulfil the requirements of the present Decree, provided that they are performed in accordance with the following provisions: a) either with provisions of Ministerial Decree No. 260068/2002 or b) the CPVO or the UPOV guidelines listed in Annex I and II respectively, according to the species.