COMMISSION DIRECTIVE 2005/43/EC
of 23 June 2005
amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (1), and in particular Article 2(1)(DA)(c), Article 8(2), Article 10(3) and Article 17a thereof,
Whereas:
(1)
Directive 68/193/EEC establishes Community provisions for the marketing of material for the vegetative propagation of vines within the Community. The Directive lists the conditions to be satisfied by the growing crop, the propagation material, the packaging and the label.
(2)
Improved plant propagation technology permits plants produced in accordance with that technology to be marketed in pots, crates or boxes in addition to the traditional bundles.
(3)
Where Member States require that each delivery of material produced within their territories is also accompanied by a uniform document, the conditions regarding this accompanying document should be provided for.
(4)
Certain conditions relating to propagation material and the composition of packaging should not apply to propagation material produced in accordance with the new production methods.
(5)
The conditions to be satisfied by the growing crop are set out in Annex I to Directive 68/193/EEC. That Annex should include a reference to the category and type of propagation material, a new positive list of harmful organisms to be checked and the methodology for inspecting and testing the growing crop.
(6)
The conditions to be satisfied by the propagation material are set out in Annex II to Directive 68/193/EEC. That Annex should include a reference to the variety and where appropriate, to the clone for each category and type of propagation material as regards identity and purity, the methodology for inspecting the propagation material and the grading of the different types of propagation material.
(7)
The conditions to be satisfied by the packaging are set out in Annex III to Directive 68/193/EEC. That Annex should include a reference to the type of propagation material as regards the number of individuals per unit of packaging.
(8)
The conditions concerning the label and accompanying document are set out in Annex IV of Directive 68/193/EEC. That Annex should include all the information relating to the propagation material required by Article 10 of Directive 68/193/EEC.
(9)
The growing cycle of vine propagation material lasts for several years and the time required for inspecting and testing is consequently lengthy. A rapid introduction of new conditions could create a shortage of production of propagation material fulfilling the new requirements. It is therefore appropriate to provide for a transitional period for compliance with the new conditions laid down in Annexes I, II and IV for propagation material already in place.
(10)
Directive 68/193/EEC should therefore be amended accordingly.
(11)
The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DIRECTIVE:
Article 1
Annexes I to IV to Directive 68/193/EEC are replaced by Annexes I to IV to this Directive respectively.
Article 2
1. Member States shall adopt and publish, by 31 July 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 August 2006.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 3
This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
Article 4
This Directive is addressed to the Member States.
Done at Brussels, 23 June 2005.