1992L0033 — EN — 21.12.1998 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE92/33/EEC
of28April1992
onthemarketingofvegetable propagatingandplantingmaterial, otherthanseed
(OJ L 157, 10.6.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Decision 93/400/EEC of 16 June 1993 L 177 27 21.7.1993
►M2Commission Decision 94/152/EC of 15 February 1994 L 66 33 10.3.1994
►M3Commission Decision 95/25/EC of 8 February 1995 L 36 34 16.2.1995
►M4Commission Decision 97/109/EC of 17 January 1997 L 39 21 8.2.1997
►M5Commission Decision 1999/29/EC of 18 December 1998 L 8 29 14.1.1999
▼B
COUNCILDIRECTIVE92/33/EEC
of28April1992
on the marketing of vegetable propagating and planting material,
otherthanseed
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas the production of vegetables occupies an important place in
the agriculture of the Community;
Whereas satisfactory results in the cultivation of vegetables depend to a
large extent on the quality and plant health not only of the seed alreadycovered by Council Directive 70/458/EEC of 29 September 1970 on
the marketing of vegetable seed(
4) but also of the vegetable planting
material used for their propagation; whereas certain Member Stateshave in consequence introduced rules intended to guarantee the qualityand plant health of the propagating and planting material of vegetableplants placed on the market;
Whereas the different treatment accorded to vegetable propagating and
planting material in different Member States is likely to create barriersto trade and thus hinder the free movement of these products within theCommunity; whereas, with a view to achieving the internal market,these barriers should be removed by adopting Community provisions
to replace those laid down by the Member States;
Whereas the establishment of harmonized conditions at Community
level will ensure that purchasers throughout the Community receivevegetable propagating and planting material which is healthy and of
good quality;
Whereas, in so far as they relate to plant health, such harmonized
conditions must be consistent with Council Directive 77/93/EEC of 21December 1976 on protective measures against the introduction intothe Member States of organisms harmful to plants or plant products(
5);
Whereas, without prejudice to the plant-health provisions of Directive
77/93/EEC, it is not appropriate to apply the Community rules on themarketing of vegetable propagating and planting material when it isshown that such products are intended for export to third countries, as
the rules applicable there may be different from those contained in this
Directive;
Whereas the determination of plant-health and quality standards for
each genus and species of vegetable plant requires lengthy and detailed
technical and scientific consideration; whereas a procedure should
accordingly be established for that purpose;
Whereas in the first instance it is the responsibility of the suppliers of
vegetable propagating and planting material to ensure that theirproducts fulfil the conditions laid down in this Directive;1992L0033 — EN — 21.12.1998 — 005.001 — 2
(1) OJ No C 46, 27. 2. 1990, p. 4; and OJ No C 296, 15. 11. 1991, p. 10.
(2) OJ No C 240, 16. 9. 1991, p. 193.
(3) OJ No C 182, 23. 7. 1990, p. 19.
(4) OJ No L 225, 12. 10. 1970, p. 7; Directive as last amended by Directive 90/
654/EEC (OJ No L 353, 17. 12. 1990, p. 48).
(5) OJ No L 26, 31. 1. 1977, p. 20; Directive as last amended by Commission
Directive 92/10/EEC (OJ No L 70, 17. 3. 1992, p. 27).
▼B
Whereas the competent authorities of the Member States must, when
carrying out controls and inspections, ensure that suppliers fulfil thoseconditions;
Whereas Community control measures should be introduced to ensure
the uniform application in all the Member States of the standards laiddown in this Directive;
Whereas it is in the interests of the purchasers of vegetable propagating
and planting materials that the name of varieties be known and theiridentity safeguarded;
Whereas, to this end, provision should be made as far as possible for
the application of the rules on the varietal aspect as established withrespect to the marketing of vegetable seed;
Whereas, in order to ensure the identity and orderly marketing of vege-
table propagating and planting material, Community rules must be laiddown concerning the separation of lots, and marking; whereas the
labels used should give the particulars needed both for official control
and for the information of the user;
Whereas rules should be established permitting, in cases of temporary
supply difficulties, the marketing of vegetable propagating and planting
material subject to requirements less stringent than those contained inthis Directive;
Whereas, as a first steptowards harmonized conditions, Member States
should be prohibited in the case of the genera and species referred to inAnnex II, for which fact-sheets will be drawn up, from imposing newconditions or restrictions on the marketing, other than those providedfor in this Directive;
Whereas provisions should be made for authorizing the marketing
within the Community of vegetable propagating and planting materialproduced in third countries, provided always that it affords the same
assurances as vegetable propagating and planting material produced in
the Community and complying with Community rules;
Whereas, in order to harmonize technical methods of examination used
in the Member States and to compare propagating and planting material
and vegetable plants produced in the Community with that produced in
third countries, comparative trials should be carried out to checkcompliance of such products with the requirements of this Directive;
Whereas, in order to facilitate the effective operation of this Directive,
the Commission should be entrusted with the task of adopting measuresfor its implementation and for the amendment of its Annex, and toprovide a procedure to that end involving close cooperation betweenthe Commission and the Member States within a Standing Committee
on Seeds and Propagating Materials, Agriculture, Horticulture and
Forestry,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive applies to the marketing of vegetable propagating
and planting materials, other than seeds, within the Community.
2. Articles 2 to 20 and 24 shall apply to the genera and species, and
their hybrids, listed in Annex II.
Rootstocks and other parts of plants of other genera or species or their
hybrids shall also be subject to the abovementioned Articles if materialof one of the said genera or species, or of their hybrids, is, or has to be,
grafted on to them.
3. Amendments to the list of genera and species in Annex II shall be
adopted in accordance with the procedure laid down in Article 22.1992L0033 — EN — 21.12.1998 — 005.001 — 3
▼B
Article 2
This Directive shall not apply to propagating or planting material
shown to be intended for export to third countries, if properly identifiedas such and kept sufficiently isolated, without prejudice to the health
rules laid down in Directive 77/93/EEC.
Implementing measures for the first subparagraph, with particular refer-
ence to identification and isolation, shall be adopted in accordance withthe procedure laid down in Article 21.
Article 3
For the purposes of this Directive, the following definitions shall apply:(a)propagating material: parts of plants and all plant material,
including rootstocks intended for the propagation and productionof vegetables;
(b)planting material: entire plants and parts of plants including, for
grafted plants, the grafted components, intended for planting for
the production of vegetables;
(c)supplier: any natural or legal person carrying out professionally at
least one of the following activities with regard to vegetable
propagating and planting material: reproducing, producing, preser-
ving and/or treating and marketing;
(d)marketing: the holding available or in stock, displaying or
offering for sale, selling and/or delivering to another person, inwhatever form, of propagating or planting material;
(e)responsible official body:
(i) the sole and central authority, established or designated by the
Member State under the supervision of the national govern-ment and responsible for questions concerning quality;
(ii) any State authority established:
— either at national level,
— or at regional level, under the supervison of the national
authorities within the limits set by the national legislationof the Member State concerned.
The bodies referred to in (i) and (ii) may, in accordance with their
national legislation, delegate the tasks provided for in this Direc-tive to be accomplished under their authority and supervision toany legal person, whether governed by public or private law,which, under its officially approved constitution, is charged exclu-
sively with specific public functions, provided that such person,
and its members, have no personal interest in the outcome of themeasures they take.
The Member States shall ensure that there is close cooperation
between the bodies referred to in (ii) and those referred to in (i).
Moreover, in accordance with the procedure laid down in Article
21, another legal person established on behalf of any bodyreferred to in (i) and (ii) and acting under the authority and super-vision of such body may be approved, provided that such person
has no personal interest in the outcome of the measures it takes.
The Member States shall notify the Commission of their respon-
sible official bodies. The Commission shall forward thatinformation to the other Member States;
(f)official measures: measures taken by the responsible official
body;
(g)official inspection: inspection carried out by the responsible offi-
cial body;
(h)official statement: statement issued by, or under the responsibility
of, the responsible official body;
(i)lot:a number of units of a single commodity, identifiable by its
homogeneity of composition and origin;1992L0033 — EN — 21.12.1998 — 005.001 — 4
▼B
(j)laboratory: a public or private law entity carrying out analysis
and proper diagnosis, enabling the producer to monitor productionquality.
Article 4
In accordance with the procedure laid down in Article 22, a schedule
shall be established in Annex I for each genus and species referred toin Annex II and for rootstocks of other genera and species if materialof the genus or species is, or has to be, grafted on to them, with areference to the plant-health conditions laid down in Directive 77/93/
EEC applying to the genus and/or species concerned, and laying down:
(i) the conditions with which vegetable planting material must
comply, in particular those relating to the quality and purity of thecrop and, where appropriate varietal characteristics. These require-ments shall be added to Annex I, Part A;
(ii) the conditions with which propagating material must comply, in
particular those relating to the propagation system applied, thepurity of the growing crop and, where appropriate, the varietalcharacteristics. These conditions will be set out in Annex I, Part B.
Article 5
1. Member States shall ensure that suppliers take all the necessary
measures to guarantee compliance with the standards set by this Direc-
tive at all stages of the production and marketing of vegetable
propagating and planting material.
2. For the purposes of paragraph 1, the said suppliers shall either
carry out themselves, or have carried out by an accredited supplier or
a responsible official body, checks based on the following principles:
— identification of critical points in their production process on the
basis of the production methods used,
— establishment and implementation of methods for monitoring and
checking the critical points referred to in the first indent,
— taking samples for analysis in a laboratory accredited by the respon-
sible official body for the purpose of checking compliance with thestandards established by this Directive,
— keeping a written record or a record registered in an indelible
fashion of the data referred to in the first, second and third indents,as well as records on production and marketing of propagating andplanting material, to be held at the disposal of the responsible offi-
cial body. These documents and records shall be kept for a period
of at least one year.
However, suppliers whose activity in this connection is confined
merely to the distribution of vegetable propagating and plantingmaterial produced and packaged on premises other than their own
shall be required only to keepa written record or a record regis-
tered in an indelible fashion of the buying and selling and/ordelivery of such products.
This paragraph shall not apply to suppliers whose activity in this
connection is confined to the supply of small quantities of vegetable
propagating and planting material to non-professional final consu-mers.
3. If the result of their own checks or any information at the
disposal of the suppliers referred to in paragraph 1 reveals the presenceof one or more of the harmful organisms referred to in Directive 77/93/EEC or in quantities greater than those normally allowed for in order tomeet the standards, or of those specified in the relevant schedules
established pursuant to Article 4, the suppliers shall immediately report
this to the responsible official body and shall take the measures indi-cated by that body or any other measure necessary to reduce the riskof such harmful organisms from spreading. The supplier shall keeprecords of all occurrences of harmful organisms on his premises andof all measures taken in relation to such occurrences.1992L0033 — EN — 21.12.1998 — 005.001 — 5
▼B
4. Detailed rules for the application of the second subparagraph of
paragraph 2 shall be established in accordance with the produce laiddown in Article 21.
Article 6
1. The responsible official body shall accredit suppliers once it has
verified that their production methods and establishments meet the
requirements of this Directive with regard to the nature of the activitiesthey carry out. Accreditation must be renewed if a supplier decides tocarry out activities other than those for which he has received accred-itation.
2. The responsible official body shall accredit laboratories once it
has verified that these laboratories, their methods and their establish-ments meet the requirements of this Directive to be specifiedaccording to the procedure laid down in Article 21, with regard to thetesting activities they carry out. Accreditation must be renewed if a
laboratory decides to carry out activities other than those for which it
has received accreditation.
3. The responsible official body shall take the necessary measures if
the requirements referred to in paragraphs 1 and 2 cease to be met. To
this end, it shall take particular account of the conclusions of any check
carried out in accordance with Article 7.
4. The supervision and monitoring of suppliers, establishments and
laboratories shall be carried out regularly by or under the responsibility
of the responsible official body, which shall at all times have freeaccess to all parts of establishments, in order to ensure compliancewith the requirements of this Directive. Implementing measuresconcerning supervision and monitoring shall be adopted, as necessary,in accordance with the procedure laid down in Article 21.
If such supervision and monitoring reveal that the requirements of this
Directive are not being met, the responsible official body shall takeappropriate action.
Article 7
1. Commission experts may in cooperation with the responsible offi-
cial bodies of the Member States, make on-the-spot checks in so far asthis is necessary to ensure uniform application of this Directive and in
particular to verify whether suppliers are in effect complying with the
requirements of this Directive. A Member State in whose territory acheck is being carried out shall give all necessary assistance to theexperts in carrying out their duties. The Commission shall inform theMember States of the result of the investigations.
2. Detailed rules for the application of paragraph 1 shall be adopted
in accordance with the procedure laid down in Article 21.
Article 8
1. Vegetable propagating and planting material may be marketed
only by accredited suppliers and provided they meet the requirementslaid down in the schedule referred to in Article 4.
2. Without prejudice to the provisions of Directive 77/93/EEC, para-
graph 1 shall not apply to vegetable propagating and planting materialintended for:
(a) trials or scientific purposes; or
(b) selection work; or
(c) measures aimed at preserving genetic diversity.
Detailed rules for the application of points (a) and (b) shall be adopted
as necessary in accordance with the procedure laid down in Article 21.Detailed rules for the application of point (c) shall be adopted prefer-ably before 1 January 1993, in accordance with the same procedure.1992L0033 — EN — 21.12.1998 — 005.001 — 6
▼B
Article 9
1. Without prejudice to Article 2, vegetable propagating and
planting material which belongs to genera or species listed in AnnexII and is also covered by Directive 70/458/EEC shall not be marketed
within the Community unless it belongs to a variety accepted in accor-
dance with Directive 70/458/EEC.
2. Without prejudice to Article 2 and paragraphs 3 and 4 of this
Article, vegetable propagating and planting material which belongs togenera or species listed in Annex II but which is not covered by Direc-tive 70/458/EEC shall not be marketed within the Community unless itbelongs to a variety officially accepted in at least one Member State.
The provisions laid down in Articles 4, 5 and 10 (3) of Directive 70/
458/EEC shall apply to the conditions for acceptance.
Articles 3 (2) and (4), 6, 7, 8, 10 (1), (2) and (4) and 11 to 15 of the
said Directive shall apply mutatis mutandis to the procedures and form-
alities for acceptance and maintenance production.
The results of unofficial tests and practical information gathered in the
course of growing may be taken into consideration in each instance.
3. Member States shall take all necessary steps to ensure that the
official acceptance of varieties belonging to the genera or species
referred to in paragraph 2 which was granted prior to 1 January 1993in accordance with principles other than those laid down in Directive70/458/EEC or on the basis of the fact that their material was marketedin their territory before that date expires on 30 June 1998 at the latest,unless the varieties in question have been accepted in accordance with
paragraph 1 on the date.
4. Varieties officially accepted in accordance with paragraphs 2 and
3 shall be entered in the Common Catalogue of Varieties of VegetableSpecies referred to in Article 17 of Directive 70/458/EEC. Articles 16(2) and (3), 17, 18 and 19 shall apply mutatis mutandis .
The publication in question shall designate the varieties accepted
pursuant to paragraph 3 with a specific reference.
Article 10
1. While growing and during lifting or removal from the parent
material, vegetable propagating and planting material shall be kept inseparate lots.
2. If vegetable propagating and planting material of different origins
is put together or mixed during packaging, storage, transport or atdelivery, the supplier shall keep records including the following data:composition of the lot and origin of the individual components.
3. Member States shall ensure compliance with the requirements of
paragraphs 1 and 2 by carrying out official inspections.
Article 11
1. Without prejudice to Article 10 (2), vegetable propagating and
planting material shall be marketed only in sufficiently homogeneouslots and if they are recognized as complying with this Directive andare accompanied by a document made out by the supplier in accor-
dance with the conditions laid down in the schedule established
pursuant to Article 4. If an official statement appears on this document,it shall be clearly separated from all other contents of the document.
Requirements on vegetable propagating and planting material for label-
ling and/or sealing and packaging shall be set out in the schedulereferred to in Article 4.
2. In the case of supply by the retailer of vegetable propagating and
planting material to a non-professional final consumer, requirements onlabelling may be confined to appropriate product information.1992L0033 — EN — 21.12.1998 — 005.001 — 7
▼B
Article 12
Member States may exempt:
— from the application of Article 11, small producers all of whose
production and sales of vegetable propagating and planting materialis intended for final use by persons on the local market who are notprofessionally involved in plant production (‘local circulation’).
— from the controls and offical inspection provided for in Article 18,
the local circulation of vegetable propagating and planting materials
produced by such exempt persons.
In accordance with the procedure laid down in Article 21, imple-
menting measures relating to other requirements concerning theexemptions referred to in the first and second indents above, in parti-cular as regards the concepts of ‘small producers’ and ‘local market’,
and to the relevant procedures, shall be adopted.
Article 13
In the event of temporary difficulties in the supply of vegetable propa-
gating and planting material satisfying the requirements of thisDirective, measures may be adopted, in accordance with the procedurelaid down in Article 21, concerning the marketing of vegetable propa-
gating and planting material meeting less stringent requirements,
without prejudice to the plant-health rules laid down in Directive 77/93/EEC.
Article 14
1. The marketing of vegetable propagating and planting material
which complies with the requirements and conditions of this Directiveshall be subject to no restrictions as regards supplier, plant health,
growing medium and inspection arrangements other than those laid
down in this Directive.
2. The marketing of vegetable propagating and planting material
whose variety is entered in the Common Catalogue of Varieties ofVegetable Species shall not be subject to any restriction as regards
variety other than those laid down or referred to in this Directive.
Article 15
As regards the products referred to in Annex II, Member States shall
refrain from imposing more stringent conditions or marketing restric-tions other than the conditions laid down in the schedules referred toin Article 4 or, failing that, those existing on the date of adoption ofthis Directive.
Article 16
1. In accordance with the procedure laid down in Article 21, it shall
be decided whether vegetable propagating and planting materialproduced in a third country and affording the same guarantees asregards obligations on the supplier, identity, characteristics, planthealth, growing medium, packaging, inspection arrangements, markingand sealing, is equivalent in all these respects to vegetable propagating
and planting material produced in the Community and complying with
the requirements and conditions of this Directive.
2. Pending the decision referred to in paragraph 1, Member States
may, until ►
M531 December 2001 ◄, and without prejudice to the
provisions of Directive 77/93/EEC, apply to the import of vegetable
propagating and planting material from third countries conditions at
least equivalent to those laid down temporarily or permanently in theschedules referred to in Article 4. Where no such conditions are laiddown in the said schedules, the import conditions must be at leastequivalent to those applicable to production in the Member Stateconcerned.1992L0033 — EN — 21.12.1998 — 005.001 — 8
▼B
In accordance with the procedure laid down in Article 21, the date
referred to in the first subparagraph may, for the various third coun-tries, be deferred pending the decision referred to in paragraph 1.
Vegetable propagating and planting material imported by a Member
State in accordance with a decision taken by that Member Statepursuant to the first subparagraph shall be subject to no marketing
restrictions in the other Member States as regards the matters referred
to in paragraph 1.
Article 17
Member States shall ensure that official inspection by sampling checks
on propagating and planting material is carried out during productionand marketing, with the aim of verifying compliance with the require-ments and conditions of this Directive.
Article 18
Detailed implementing procedures for the controls provided for in
Article 5 and for the official inspection provided for in Articles 10and 17, including sampling methods, shall be adopted, as necessary,
in accordance with the procedure provided for in Article 21.
Article 19
1. If, during the supervision and monitoring provided for in Article
6 (4), the official inspection provided for in Article 17, or the trials
provided for in Article 20, it is found that vegetable propagating andplanting material does not meet the requirements of this Directive, theresponsible official body of the Member State shall take appropriateaction to ensure that it does comply with the provisions of this Direc-tive or, if that is not possible, to ban the marketing of that vegetable
propagating and planting material in the Community.
2. If it is found that vegetable propagating and planting material
marketed by a particular supplier does not comply with the require-
ments and conditions of this Directive, the Member State concerned
shall ensure that appropriate measures are taken against that supplier.If the supplier is forbidden to market vegetable propagating andplanting material, the Member State shall notify the Commission andthe competent national authorities in the Member States.
3. Any measures taken under paragraph 2 shall be withdrawn as
soon as it has been established with adequate certainty that the vege-table propagating and planting material intended for marketing by thesupplier will, in future, comply with the requirements and conditionsof this Directive.
Article 20
1. Trials, or, where appropriate, tests shall be carried out in the
Member States on samples to check that vegetable propagating and
planting material complies with the requirements and conditions ofthis Directive, including those relating to plant health. The Commissionmay organize inspections of the trials by representatives of the MemberStates and of the Commission.
2. It may be decided in accordance with the procedure laid down in
Article 21 that it is necessary to carry out Community trials for thesame purpose as mentioned in paragraph 1. The Commission may orga-nize inspections of Community trials by representatives of the MemberStates and of the Commission.
3. The trials or tests referred to in paragraphs 1 and 2 shall be used
to harmonize technical methods of examination of vegetable propa-gating and planting material. Progress reports shall be made on the
trials or tests and sent in confidence to the Member States and to the
Commission.
4. The Commission shall ensure that, in appropriate cases, arrange-
ments for coordinating, carrying out and inspecting the trials referred to1992L0033 — EN — 21.12.1998 — 005.001 — 9
▼B
in paragraphs 1 and 2, and assessing their results, are made within the
Commitee set up by Article 21. When plant-health problems occur, theCommission shall notify the Standing Committee on Plant Health. If
necessary, specific arrangements shall be adopted. Vegetable propa-
gating and planting material produced in third countries shall beincluded in the trials.
Article 21
1. The Commission shall be assisted by a committee, referred to as
the ‘Standing Committee on Agricultural, Horticultural and ForestrySeeds and Plants’, chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shalldeliver its opinion on the draft within a time limit which the chairmanmay lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of the
Treaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives ofthe Member States within the committee shall be weighted in themanner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately.
However, if these measures are not in accordance with the opinion of
the committee, they shall be communicated by the Commission to the
Council forthwith. In that event, the Commission may defer application
of the measures which it had decided for a period of not more than onemonth from the date of such communication.
The Council, acting by a qualified majority, may take a different deci-
sion within the time limit referred to in the previous paragraph.
Article 22
1. The Commission shall be assisted by the Standing Committee on
Seeds and Propagating Materials for Agriculture, Horticulture and
Forestry, chaired by the representative of the Commission.
2. The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The committee shall
deliver its opinion on the draft within a time limit which the chairman
may lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the committee shall be weighted in the
manner set out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures envisaged in accordance
with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, withoutdelay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
Article 23
Amendments to the schedules referred to in Article 4 and to the condi-
tions and detailed rules adopted for the implementation of thisDirective shall be adopted in accordance with the procedure laid downin Article 21.1992L0033 — EN — 21.12.1998 — 005.001 — 10
▼B
Article 24
1. Member States shall ensure that vegetable propagating and
planting material produced in their territory and intended for marketing
complies with the requirements of this Directive.
2. If it is found, during an official inspection, that vegetable propa-
gating and planting material cannot, by reason of non-compliance witha condition relating to plant health, be marketed, the Member Stateconcerned shall take appropriate official measures to eliminate anyconsequent plant-health risk.
Article 25
1. Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive nolater than 31 December 1992. They shall forthwith inform the Commis-
sion thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or be accompanied by such reference on theoccasion of their official publication. The methods for making suchreference shall be laid down by the Member States.
2. As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned,
the date of application for each of the genera or species referred to in
Annex II shall be fixed in accordance with the procedure laid down in
Article 21, when the schedule referred to Article 4 is drawn up.
Article 26
This Directive is addressed to the Member States.1992L0033 — EN — 21.12.1998 — 005.001 — 11
▼B
ANNEX I
ConditionstobelaiddowninaccordancewithArticle 4
Point A
Conditions with which planting material must comply.
Point B
Schedules for genera and species not listed in Directive 70/458/EEC containing
conditions with which propagating material must comply.1992L0033 — EN — 21.12.1998 — 005.001 — 12
▼B
ANNEX II
Listofthegeneraandspeciesreferred toinarticle 1(2)
— Allium ascalonicum shallots
— Allium cepa L. onion— Allium fistulosum L. chives— Allium porrum L. leek— Allium sativum garlic— Anthriscus cerefolium (L.) Hoffm. chervil— Apium graveolens L. celery— Asparagus officinalis L. asparagus— Beta vulgaris L. var. vulgaris mangold— Beta vulgaris L. var. conditiva Alef. red beet— Brassica oleracea L. convar. acephala (DC.)
Alef. var. sabellica L.curly kale
— Brassica oleracea L. convar. botrytis (L.) Alef.
var. botrytis L.cauliflower
— Brassica oleracea L. convar. botrytis (L.) Alef.
var. cymosa Duch.broccoli
— Brassica oleracea L. convar. var. gemmifera DC Brussels sprouts
— Brassica oleracea L. convar. capitata (L.) Alef.
var. sabauda L.Savoy cabbage
— Brassica oleracea L. convar. capitata (L.) Alef.
var. alba DCcabbage
— Brassica oleracea L. convar. capitata (L.) Alef.
var. rubra DCred cabbage
— Brassica oleracea L. convar. acephala (DC)
Alef. var. gongylodeskohlrabi
— Brassica pekinensis L. Chinese cabbage
— Brassica rapa L. var. rapa turnip— Capsicum annuum L. pepper— Chicorium endivia L. endive— Chicorium intybus L. (partim) Witloof chicory— Citrullus lanatus (Thunb.) Matsum. et Nakai watermelon— Cucumis melo L. melon— Cucumis sativus L. gherkin— Cucurbita maxima Duchesne gourd
— Cucurbita pepo L. courgette
— Cynara cardunculus cardoon— Cynara scolymus artichoke— Daucus carota L. carrot— Foeniculum vulgare P. Mill. fennel— Lactuca sativa L. lettuce— Lycopersicon lycopersicum (L.) Karsten ex
Farw.tomato
— Petroselinum crispum (Mill.) Nyman ex A. W.
Hillparsley
— Phaseolus coccineus L. runner bean
— Phaseolus vulgaris L. French bean1992L0033 — EN — 21.12.1998 — 005.001 — 13
▼B
— Pisum sativum L. (partim) peas excepting fodder
peas
— Raphanus sativus L. radishes— Rheum rhubarb— Scorzonera hispanica L. scorzonera
— Solanum melongena L. eggplant
— Spinacia oleracea L. spinach— Valerianelle locusta (L.) Laterr. corn salad
— Vicia faba L. (partim) broad bean1992L0033 — EN — 21.12.1998 — 005.001 — 14