Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine
Date: 1968-04-09

num: Article 1
paragraphs: This Directive shall apply to material for the vegetative propagation of the vine (hereinafter called "propagation material") produced and marketed within the Community.
num: Article 2
paragraphs: 1. For the purposes of this Directive, the following definitions shall apply: A. Vines : Plants of the genus Vitis (L.) intended for the production of grapes or for use as propagation material for such plants.
B. Propagation material: >PIC FILE= "T0011127">
C. Stock nurseries : nurseries for the production of rootstock cuttings for grafting, nursery cuttings or top-graft cuttings.
D. Cutting nurseries : nurseries for the cultivation of rooted cuttings or rooted grafts.
E. Basic material : propagation material (a) which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the variety;
(b) which is intended for the production of propagation material;
(c) which satisfies the conditions laid down in Annexes I and II for basic material ; and
(d) which has been found by official examination to satisfy the above-mentioned conditions.
F. Certified material : propagation material (a) which is obtained direct from the basic material of a variety or, if the grower so requests, from propagation material of an earlier stage of multiplication than basic material which has been found by official examination to satisfy the conditions laid down in Annexes I and II for basic material;
(b) which is intended for - the production of young plants or parts of plants for use in the production of grapes, or
- the production of grapes;
(c) which satisfies the conditions laid down in Annexes I and II for certified material ; and
(d) which has been found by official examination to satisfy the above-mentioned conditions.
G. Standard material : propagation material (a) which has varietal identity and purity;
(b) which is intended for - the production of young plants or parts of plants for use in the production of grapes;
(c) which satisfies the conditions laid down in Annexes I and II for standard material ; and
(d) which has been found by official examination to satisfy the above-mentioned conditions.
H. Official measures : measures taken (a) by State authorities, or
(b) by any legal person whether governed by public or by private law, acting under the responsibility of the State, or
(c) in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,
provided that the persons mentioned under (b) and (c) derive no private gain from such measures.
2. Member States may (a) provided that there shall be no official certification of propagation material or checking of standard material if such material is not normally propagated or marketed in their territory;
(b) as a transitional measure, after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, provide that propagation material which has been used for establishing stock nurseries or cutting nurseries is equivalent to propagation material certified or checked in accordance with the provisions of this Directive if, before being so used, it afforded the same assurances as propagation material certified or checked in accordance with the provisions of this Directive.
num: Article 3
paragraphs: 1. The Member States shall provide that vine propagation material may not be placed on the market: - unless it has been officially certified as "basic material" or "certified material", or is officially checked standard material, and
- unless it satisfies the conditions laid down in Annex II.
2. Member States may provide for derogations from the provisions of paragraph 1: (a) for propagation material of an earlier stage of multiplication than basic stock;
(b) for tests or for scientific purposes;
(c) for selection work.
3. Member States may provide for derogations as regards the minimum length of rootstock cuttings for grafting Annex II (III) (1) (B) (a). 4. The Commission, acting in accordance with the procedure laid down in Article 17, may: (a) authorise Member States, by way of degoration from the provisions of Annex II (II) (1), to classify as certified material rooted grafts consisting of certified material grafted on to standard material ; such authorisation shall be granted only for a transitional period to be set and only until such time as the Member States concerned have sufficient supplies of basic material and certified material for their new plantings;
(b) provide that after specified dates propagation material of certain vine varieties may not be placed on the market unless it has been officially certified as "basic material" or "certified material".
num: Article 4
paragraphs: Member States may as regards the conditions laid down in Annexes I and II, impose additional or more stringent requirements for the certification of propagation material or the checking of standard material produced in their own territory.
num: Article 5
paragraphs: 1. Each Member State shall establish a list of the vine varieties officially accepted for certification and for checking as standard material in its territory. The list shall give the principal morphological and physiological characters by which the varieties can be distinguished one from another.
2. A variety shall be accepted for certification or checking only if it has been established by official or officially controlled examinations, particularly growing trials, that the variety is sufficiently uniform and stable.
If it is known that the variety is marketed in another country under a different name, that name shall also be recorded in the list.
3. The varieties accepted shall be officially checked at regular intervals. If any of the conditions for acceptance for certification or checking is no longer satisfied, acceptance shall be revoked and the variety deleted from the list.
4. These lists and any alterations made to them shall be sent forthwith to the Commission, which shall communicate them to the other Member States.
num: Article 6
paragraphs: The Member States shall require that for the checking of varieties samples are drawn officially in accordance with appropriate methods.
num: Article 7
paragraphs: The Member States shall provide that, while growing and during lifting, or removal from the parent vine, packaging, storage and transportation, propagation material be kept in separate batches and be marked with the variety and, where applicable, in the case of basic material and certified material, with the clone.
num: Article 8
paragraphs: 1. The Member States shall require that propagation material be marketed only in sufficiently homogeneous batches and in sealed packages or bundles bearing, as prescribed in Articles 9 and 10, a sealing device and markings. Packaging shall comply with the provisions of Annex III.
2. Member States may, for the marketing of small quantities to the final consumer and for the marketing of vines in pots, crates or boxes, provide for derogations from the provisions of paragraph 1 in respect of packaging, sealing and marking.
num: Article 9
paragraphs: The Member States shall require that packages and bundles of propagation material be sealed by the person responsible in such a manner that when the container or bundle is opened the seal is damaged and cannot be re-attached.
num: Article 10
paragraphs: 1. The Member States shall require that the person responsible for sealing affix on the outside of the packages and bundles of propagation material a label in one of the official languages of the Community conforming to the specification in Annex IV ; the label shall be attached with the seal. The colour of the label shall be white for basic material, blue for certified material and dark yellow for standard material.
2. Member States may provide that each batch also be accompanied by a document giving the same information as the label.
num: Article 11
paragraphs: The Member States shall ensure that the identity of the propagation material is preserved, from the time of its lifting, or its removal from the parent vines until its delivery to the final consumer, by a system of official controls laid down or approved by them. They shall make suitable arrangements for propagation material to be officially controlled during marketing, at least by check sampling, as regards its compliance with the requirements of this Directive.
num: Article 12
paragraphs: 1. The Member States shall ensure that basic material and certified material which have been officially certified and whose containers have been marked as prescribed in this Directive and standard material whose containers have been sealed and marked as prescribed in this Directive, are subject to no marketing restrictions as regards their characters, examination arrangements, marking and sealing other than those laid down in this Directive.
2. Member States may: (a) where no measures have been taken by the Commission under Article 3 (4) (b) and entered into force, provide that after specified dates propagation material of certain vine varieties may not be placed on the market unless it has been officially certified as "basic material" or "certified material";
(b) until such time as a common catalogue of varieties can be introduced, restrict the marketing of propagation material to those varieties which are entered in a national list based on value for cropping and use in their territory ; the conditions for inclusion in this list shall be the same for varieties coming from other Member States as for domestic varieties.
num: Article 13
paragraphs: The Member States shall provide that propagation material which is obtained directly from basic material certified in one Member State and grown in another Member State may be certified in the State which produced the basic material if the propagation material has undergone field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in Annex II are satisfied.
num: Article 14
paragraphs: 1. In order to eliminate any temporary difficulties in the general supply of basic material, certified material or standard material that occur in one or more Member States and cannot be overcome within the Community, the Commission, acting in accordance with the procedure laid down in Article 17, shall authorise one or more Member States to accept for marketing, for a period to be set by the Commission, propagation material of a category satisfying less stringent requirements.
2. For a category of propagation material of any given variety, the colour of the label shall be that provided for the corresponding category ; in all other cases it shall be brown. The label shall always state that the propagation material in question is of a category satisfying less stringent requirements.
num: Article 15
paragraphs: 1. This Directive shall not apply to propagation material shown to be intended for export to third countries.
2. The Council, acting by a qualified majority on a proposal from the Commission, shall, not later than 31 December 1969, adopt measures concerning propagation material produced in third countries and marketed within the Community.
num: Article 16
paragraphs: 1. Community tests shall be carried out within the Community in order to assess the quality of the propagation material ; these tests shall be subject to inspection by the Committee referred to in Article 17.
2. These tests shall, during a first stage, be used to harmonise the technical methods of certifying certified material and checking standard material so as to obtain results which are equivalent. As soon as this aim is achieved, annual progress reports shall be made on the tests and sent in confidence to the Member States and to the Commission. The Commission, acting in accordance with the procedure laid down in Article 17, shall set the date for the first report.
3. The Commission, acting in accordance with the procedure laid down in Article 17, shall make the necessary arrangements for the tests to be carried out. Propagation material produced in third countries may be included in the tests.
num: Article 17
paragraphs: 1. Where the procedure laid down in this Article is to be followed, matters shall be referred by the Chairman, either on his own initiative or at the request of the representative of a Member State to the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry (hereinafter called the "Committee") set up by the Council Decision of 14 June 1966. 1
2. Within the Committee, the votes of the Member States shall be weighted as provided in Article 148 (2) of the Treaty. The Chairman shall not vote. 1OJ No 125, 11.7.1966, p. 2289/66.
3. The representative of the Commission shall submit a draft of the measures to be adopted. The Committee shall deliver its opinion on such measures within a time limit set by the Chairman according to the urgency of the matter. Opinions shall be delivered by a majority of twelve votes.
4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall forthwith be communicated by the Commission to the Council. In that event the Commission may defer application of the measures which it has adopted for not more than one month from the date of such communication.
The Council, acting by a qualified majority, may take a different decision within one month.
num: Article 18
paragraphs: This Directive shall be without prejudice to the provisions of national laws justified on grounds of the protection of health and life of humans, animals or plants or the protection of industrial and commercial property.
num: Article 19
paragraphs: The Member States shall, not later than 1 July 1969, bring into force the measures necessary to comply with this Directive and shall forthwith inform the Commission thereof.