8.10.2003 Official Journal of the European Union L 254(7 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) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (5) It is appropriate to ensure consistency between the 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 (), and in particular Article 7(2)(a) and (b) thereof, Whereas: (1)  Commission Directive 72/180/EEC of 14 April 1972 determining the characteristics and minimum conditions for examining varieties of agricultural plant species (%), as amended by Directive 2002/8/EC (), has established, with a view to official acceptance of the varieties in the Member States' catalogues, the characteristics to be covered as a minimum by the examinations of the various species, as well as the minimum requirements for carrying out the examinations. (2)  Test guidelines relating to the conditions for the exami- nation of the varieties have been issued by the Adminis- trative Council of the Community Plant Variety Office (CPVO) established by Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (%), as last amended by Regulation (EC) No 1650/ 2003 (), in respect of certain species. (3)  Test guidelines establishing the conditions for the exami- nations of the varieties exist at international level. The International Union for the Protection of New Varieties of Plants (UPOV) has developed test guidelines. (4)  Directive 72/180/EEC was amended by Directive 2002/ 8/EC to ensure consistency between the CPVO test guidelines and the conditions for examining the varieties with a view to their acceptance in the national catalo- gues of varieties of the Member States as far as CPVO test guidelines had been established. The CPVO has since issued guidelines for a number of other species. 1 () OJ L 193, 20.7.2002, p. 1. () OJL 108, 8.5.1972, p. 8. () OJL 37,7.2.2002, p. 7. () OJ L 227,1.9.1994, p. 1. () OJ L 245, 29.9.2003, p. 28. 5 CPVO test guidelines and the conditions for the varieties with a view to their acceptance into national catalogues of the Member States. (6) It is appropriate to base the Community system on the UPOV test guidelines, in so far as the CPVO has not yet developed specific guidelines. National law applies for the species not covered by this Directive. (7)  Directive 72/180/EEC should therefore be repealed. (8)  The measures provided for in this Directive are in accor- dance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticul- ture and Forestry, HAS ADOPTED THIS DIRECTIVE: Atrticle 1 1.  Member States shall provide for the inclusion in a national catalogue, within the meaning of Article 3(1) of Direc- tive 2002/53/EC, of varieties of agricultural plant species which fulfil the requirements set out in paragraphs 2 and 3. 2. As regards distinctness, stability and uniformity: (a) the species listed in Annex I shall comply with the condi- tions 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, unifor- mity and stability of the International Union for the Protec- tion of new Varieties of Plants (UPOV) listed in that Annex. 3. As regards the value for cultivation or use, the varieties shall comply with the conditions laid down in Annex III, without prejudice to Article 4(2) of the Directive.