COMMISSION DIRECTIVE 93/79/EEC of 21 September 1993 setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EEC

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (1), as amended by Commission Decision 93/401/EEC (2), and in particular Article 9 (6) thereof,

Whereas a system of description of varieties already exists at an international level; whereas the International Union for the Protection of New Varieties of Plants (UPOV) has developed such a system;

Whereas it is desirable to base the Community system on the experience gained at international level;

Whereas suppliers whose activity is confined to the placing on the market of fruit plant propagating material and fruit plants should be subject to less onerous requirements;

Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,

HAS ADOPTED THIS DIRECTIVE:

Article 1

This Directive establishes additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants as kept by suppliers pursuant to Article 9 (2) (ii) of Directive 92/34/EEC.

Article 2

1. The lists kept by suppliers shall include the following:

(i) the name of the variety, together with its commonly known synonyms, where appropriate;

(ii) indications as to the maintenance of the variety and propagation system applied;

(iii) description of the variety at least on the basis of the characteristics and their expressions as specified in the Annex hereto;

(iv) if possible, indications as to how the variety differs from the other varieties most closely resembling it.

2. Subparagraphs (ii) and (iv) of paragraph 1 shall not apply to any supplier whose activity is confined to the placing on the market of fruit plant propagating material or fruit plants.

Article 3

1. Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 30 June 1994. They shall forthwith inform the Commission thereof.

When Member States adopt these provisions, these shall contain a reference to this Directive or be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by the Member States.

2. Member States shall communicate to the Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 21 September 1993.

For the Commission

René STEICHEN

Member of the Commission

(1) OJ No L 157, 10. 6. 1992, p. 10.

(2) OJ No L 177, 21. 7. 1993, p. 28.

ANNEX

CHARACTERISTICS OF THE VARIETIES AND STATES OF EXPRESSION Citrus sp.

Young shoot: anthocyanin colouration of tip (10 to 15 cm from tip)

absent

present

Fruit: shape of distal end

depressed

truncate

rounded

slightly nippled

prominently nippled

Fruit: colour of surface

green

green to yellow

yellow

yellow to orange

orange

orange to red

pink

red

purple

Time of maturity of fruit

very early

early

medium

late

very late

Corylus avellana L.

Time of leaf bud burst (when two leaves appear out of the bud)

very early

very early to early

early

early to medium

medium

medium to late

late

late to very late

very late

Time of male flowering

very early

very early to early

early

early to medium

medium

medium to late

late

late to very late

very late

Time of female flowering

very early

very early to early

early

early to medium

medium

medium to late

late

late to very late

very late

Involucre: length compared to fruit length

short

equal

longer

Involucre: indentation

weak

medium

strong

Involucre: serration of indentations

weak

medium

strong

Fruit: size

very small

small

medium

large

very large

Fruit: shape

globular

conical

ovoid

short subcylindrical

long subcylindrical

Time of ripening

very early

very early to early

early

early to medium

medium

medium to late

late

late to very late

very late

Fruit: percentage of kernel (by weight)

very low

low

medium

high

very high

Cydonia Mill.

Plant: habit

erect

semi-erect

spreading

Leaf blade: shape

elliptic

obovate

ovate

rounded

Fruit: general shape

globose

ovate

pyriform

waisted

irregular

oblong

Fragaria x. ananassa Duch.

Inflorescence: position relative to foliage

beneath

level with

above

Fruit: size

very small

small

medium

large

very large

Fruit: predominant shape

kidney shape

oblate

round

conical

bi-conical

almost cylindrical

wedged

ovoid

cordate

Fruit: colour

whitish yellow

light orange

orange

orange red

red

purple

dark purple

Time of ripening (50 % of plants with ripe fruits)

very early

early

medium

late

very late

Type of bearing

not remontant

partially remontant

fully remontant

Juglans regia L.

Time of bud burst

very early

very early to early

early to early

medium

medium

medium to late

late

late to very late

very late

Tree: type of female inflorescence

single

compound

Tree: type of branching of female flowering branches

indeterminate

determinate

Time of maturity

early

early to medium

medium

medium to late

late

Malus Mill.

Tree: vigour

weak

medium

strong

Fruit: shape

globose

globose conical

short globose conical

flat

flat globose (oblate)

conical

long conical

truncate conical

ellipsoid

ellipsoid conical (ovate)

oblong

oblong conical

oblong waisted

Fruit: over colour of skin

orange

red

purple

brownish

Time of beginning of flowering (10 % open flowers)

very early

early

medium

late

very late

Rootstock varieties

Tree: vigour (in stool bed)

weak

medium

strong

Tree: number of basal shoots (in stool bed)

very few

few

medium

many

very many

Olea europe L.

Fruit: shape

elongated

elliptic

globose

Fruit: mucron

absent

present

Fruit: shape of base

rounded

truncate

depressed

Fruit: width of stalk cavity

narrow

medium

broad

Prunus amygdalus Batsch.

Time of beginning of flowering

very early

very early to early

early

early to medium

medium

medium to late

late

late to very late

very late

Flower: colour of petals

white

pink white

pink

dark pink

Time of maturity

very early

early

medium

late

very late

Dry fruit: shape of apex

flat

rounded

pointed

Kernel: shape

narrow elliptic

elliptic

broad elliptic

very broad elliptic

Prunus armeniaca L.

Fruit size

small

medium

large

Fruit: depth of pedicel cavity

shallow

medium

deep

Fruit: ground colour of skin

white

cream to yellow

light orange

orange

dark orange

Fruit: colour of flesh

white

cream

light orange

orange

dark orange

Time of beginning of flowering (when tree presents some fully opened flowers)

early

medium

late

Time of maturity

very early

early

medium

late

very late

Prunus avium L. and Prunus cerasus L.

Time of flowering

very early

early

medium

late

very late

Fruit: size

very small

small

medium

large

very large

Fruit: colour of skin

yellow

orange red

vermilion on a pale yellow ground colour

vermilion

mahogany

black

Fruit: time of maturity

very early

early

medium

late

very late

Prunus domestica L.

Fruit: size (on physiologically ripe fruits)

very small

small

medium

large

very large

Fruit: general shape in profile (on physiologically ripe fruit)

rounded flattened

rounded

oblong

elongated

Fruit: ground colour of skin (including its bloom; on physiologically ripe fruit)

whitish (transparent)

green

yellowish green

yellow

orange yellow

red

purple

violet blue

Fruit: colour of flesh (on physiologically ripe fruit)

whitish

yellow

yellowish green

green

orange

red

Stone: adherence to the flesh (on physiologically ripe fruit)

non-adherent

semi-adherent

adherent

Stone: size relative to fruit (on physiologically ripe fruit)

small

medium

large

Season of ripening

very early

early

medium

late

very late

Prunus persica (L.) Batsch.

Tree: type

normal

spur

Flowering shoot: anthocyanin coloration

absent

present

Time of beginning of flowering

very early

early

medium

late

very late

Flower: shape

rosaceous

companulate

Petal: size

very small

small

medium

large

very large

Petiole: nectaries

absent

present

Petiole: shape of nectaries

round

kidney-shaped

Fruit: pubescence

absent

present

Fruit: ground of flesh

white

yellow to orange yellow

red

Stone: adherence to flesh

absent

present

Time of maturity

very early

early

medium

late

very late

Prunus Salicina L.

Fruit: size

very small

small

medium

large

very large

Fruit: ground colour of skin

whitish (transparent)

green

yellowish green

yellow

orange to yellow

red

purple

violet blue

dark blue

Fruit: colour of flesh

whitish

yellow

yellowish to green

green

orange

red

Time of flowering

very early

early

medium

late

very late

Time of ripening

very early

early

medium

late

very late

Pyrus communis L.

Time of flowering (date of full flower)

very early

early

medium

late

very late

Fruit: size

very small

small

medium

large

very large

Fruit: shape in profile (in longitudinal section)

concave

straight

convex

Fruit: length relative to maximum diameter

very short

short

intermediate

elongate

very elongate

Fruit: ground colour of skin (at maturity)

green

yellow green

yellow

red

Fruit: length of stalk

short

medium

long

Season of maturity for picking

very early

early

medium

late

very late

Ribes silvestre Mert et Koch,

Ribes niveum Lindl. (red and white currant); Ribes sylvestre)

Time of fruit ripening

very early

early

medium

late

very late

Fruit truss: length including stalk

very short

short

medium

long

very long

Berry: size

very small

small

medium

large

very large

Berry: colour

white

whitish yellow

pink

red

Ribes uva crispa L. (gooseberry)

Plant: shape

obovoid

globose

transverse ellipsoid

Fruit: size

very small

small

medium

large

very large

Fruit: shape

globose

ellipsoid

pyriform

Fruit: colour

yellow

yellow green

green with white tinge

green

red

Time of fruit ripening

very early

early

medium

late

very late

Ribes nigrum L. (blackcurrant)

Plant: ratio height/diameter

low

medium

high

Fruit: size

very small

small

medium

large

very large

Time of fruit ripening

very early

early

medium

late

very late

Rubus subgenus Eubatus Sect. Moriferi and Ursini (blackberry) and hybrids

Plant: growth habit

erect

erect to semi-erect

semi-erect

semi-erect to rambling

rambling

Dormant cane: prickles

absent

present

Fruit: size

very small

small

medium

large

very large

Time of beginning of ripening

very early

early

medium

late

very late

Rubus idaeus L. (raspberry)

Plant: number of young shoots

very few

few

medium

many

very many

Only varieties whose main fruiting is on the previous year's cane in summer

Dormant cane: colour

greyish brown

greyish brown to brown

brown

brown to purple brown

purple brown

Fruit: colour

yellow

pale red

medium red

dark red

orange

purple

black

Fruit: size

very small

small

medium

large

very large

Fruit: ratio length/width

as long as broad

longer than broad

much longer than broad

Main fruiting:

on previous year's cane in summer

on current year's cane in autumn

Time of ripening on previous year's canes

very early

early

medium

late

very late