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EU amends certain inspection regulations concerning agricultural plant varieties and vegetable varieties

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On July 11, 2023, according to the Official Journal of the European Union, on July 10, the European Commission issued the implementing directive (EU) 2023/1438, amending the directive 2003/90/ EC and 2003/91/EC. The main revisions are:


1. Annexes I and II of Directive 2003/90/EC are replaced by the text specified in Part A of Annex to the Directive. Revision of inspection procedures involving Brassica napus, broad bean, sunflower and other vegetable varieties;


2. The Annex to Directive 2003/91/EC is replaced by the text specified in Part B of the Annex to the Directive;


3. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2023 at the latest. Member States shall immediately notify the Committee of the text of these provisions. Member States shall apply these provisions from 1 January 2024. Member States shall include references to the Directive when they adopt these provisions, or attach such references to their official publication. Member States should decide how such references should be made. Member States shall inform the Commission of the texts of the main provisions of national law adopted by them in the areas covered by the Directive;


4. Transitional measures. For official inspections of varieties which commenced before 1 January 2024 but have not yet been finalized, Directives 2003/90/EC and 2003/91/EC shall apply as they were before the amendment of the Directive;


5. Take effect. The Directive shall enter into force on the twentieth day after its publication in the Official Journal of the European Union;


6. The Directive is aimed at member states.


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