1992L0034 — EN — 28.02.1994 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE92/34/EEC
of28April1992
on the marketing of fruit plant propagating material and fruit plants intended for fruit produc-
tion
(OJ L 157, 10.6.1992, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Decision 93/401/EEC of 16 June 1993 L 177 28 21.7.1993
►M2Commission Decision 94/150/EC of 15 February 1994 L 66 31 10.3.1994
▼B
COUNCILDIRECTIVE92/34/EEC
of28April1992
on the marketing of fruit plant propagating material and fruit
plantsintendedforfruitproduction
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 fruit production occupies an important place in the agriculture
of the Community;
Whereas satisfactory results in the cultivation of fruit depend to a large
extent on the quality and plant health of the material used for theirpropagation and of the fruit plants intended for fruit production;whereas certain Member States have in consequence introduced rulesintended to guarantee the quality and plant health of the fruit plant
propagating material and fruit plants placed on the market;
Whereas the different treatment accorded to propagating material and
fruit plants in different Member States is likely to create barriers totrade and thus hinder the free movement of these goods 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 receivepropagating material and fruit plants which are healthy and of goodquality;
Whereas, so far as they relate to plant health, such harmonized condi-
tions must be consistent withCouncil Directive 77/93/EEC of 21
December 1976 on protective measures against the introduction intothe Member States of organisms harmful to plant or plant products(
4);
Whereas it is appropriate initially to establish Community rules for
those genera and species of fruit plant which are of major economic
importance in the Community, with a Community procedure for adding
further genera and species later;
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 propagating material and fruit plants when it is shownthat 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 fruit plant requires lengthy and detailed tech-nical and scientific consideration; whereas a procedure shouldaccordingly be established for that end;
Whereas in the first instance it is the responsibility of the suppliers of
propagating material and/or fruit plants to ensure that their productsfulfil the conditions laid down in this Directive;1992L0034 — EN — 28.02.1994 — 002.001 — 2
(1) OJ No C 52, 3. 3. 1990, p. 16 and
OJ No C 307, 27. 11. 1991, p. 15.
(2) OJ No C 240, 16. 9. 1991, p. 197.
(3) OJ No C 182, 23. 7. 1990, p. 21.
(4) OJ No L 26, 31. 1. 1977, p. 20; Directive as last amended by 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 withregard to propagating material or fruit plants belonging
to the CAC (Conformitas Agraria Communitatis) category;
Whereas it is indispensable to provide for other categories of propa-
gating material and fruit plants for which the said material and plants
must be the subject of official certification;
Whereas Community control measures should be introduced to ensure
uniform application in all the Member States of the standards laiddown in this Directive;
Whereas it is consistent with current agricultural practice to require
that certain propagating material and fruit plants are either officiallyexamined, or are declared virus-free, meaning found free of all knownviruses and virus-like pathogens, or again virus-tested, meaning foundfree of specific viruses and virus-like pathogens reducing the usefulness
of the propagating material and fruit plants;
Whereas it is in the interests of the purchasers of propagating materials
and fruit plants that the names of varieties be known and that their
identity be safeguarded;
Whereas the objective stated above can best be achieved either through
common knowledge of the variety or through the availability of a
description drawn up and kept by the supplier; whereas in the lattercase, however, the propagating material or fruit plants may not obtainaccess to the categories which are the subject of official certification;
Whereas, in order to ensure the identity and orderly marketing of
propagating material and fruit plants, Community rules must be laiddown concerning the separation of lots and marking; whereas the labelsshould give the particulars needed both for official control and for the
information of the user;
Whereas rules should be established permitting, in the case of
temporary supply difficulties, the marketing of propagating material
and fruit plants subject to requirements less stringent than thosecontained in this Directive;
Whereas, as a first step towards harmonized conditions, Member States
should be prohibited in the case of the genera and species referred to inAnnex II, for which schedules 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 propagating material and fruit plants
produced in third countries, provided always that they afford the same
guarantees as propagating material and fruit plants produced in theCommunity and complying withCommunity rules;
Whereas, in order to harmonize the technical methods of examination
used in the Member States and to compare propagating material andfruit plants produced in the Community with those produced in thirdcountries, comparative trials should be carried out to check complianceof 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 to
provide a procedure to that end involving close cooperation between
the Commission and the Member States within a Standing Committeeon Propagating Material and Plants of Fruit Genera and Species,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. This Directive applies to the marketing of fruit plant propagating
material and fruit plants intended for fruit production within theCommunity.1992L0034 — EN — 28.02.1994 — 002.001 — 3
▼B
2. Articles 2 to 20 and Article 24 shall apply to the genera and
species listed in Annex II as well as to their hybrids.
Rootstocks and other parts of plants of other genera or species or their
hybrids shall also be subject to the abovementioned Articles if material
of one of the said genera or species or their hybrids is grafted or is to
be grafted onto them.
3. Amendments to the list of genera and species in Annex II shall be
adopted in accordance withth e procedure laid down in Article 22.
Article 2
This Directive shall not apply to propagating material or fruit plants
shown to be intended for export to third countries, if properly identifiedas such and kept sufficiently isolated, without prejudice to the healthrules laid down by Directive 77/93/EEC.
Implementing measures for the first paragraph, with particular refer-
ence to identification and isolation, shall be adopted in accordancewithth e procedure laid down in Article 21.
Article 3
For the purposes of this Directive, the following definitions shall apply:
(a)propagating material: seeds, parts of plants and all plant material,
including rootstocks, intended for the propagation and production
of fruit plants;
(b)fruit plants: plants intended to be planted or replanted, after
marketing:
(c)pre-basic material: propagating material:
(i) which has been produced according to generally accepted
methods with a view to maintaining the identity of thevariety, including the relevant characteristics of its pomolo-gical value, which can be established according to theprocedure laid down in Article 21, and to preventing diseases;
(ii) which is intended for the production of basic material;
(iii) which satisfies the conditions for pre-basic material laid down
in the schedule for the species concerned, established pursuantto Article 4, and
(iv) which, following an official inspection, has been recognized
as satisfying the abovementioned conditions;
(d)basic material: propagating material:
(i) which has been produced either directly or in a known
number of stages in a vegetative way from pre-basic material,according to generally accepted methods, with a view tomaintaining the identity of the variety, including the relevant
characteristics of its pomological value, which can be estab-
lished in accordance with the procedure laid down in Article21, and to preventing disease;
(ii) which is intended for the production of certified material;
(iii) which satisfies the conditions for basic material laid down in
the schedule for the species concerned, established pursuant to
Article 4, and
(iv) which, following an official inspection, has been recognized
as satisfying the abovementioned conditions;
(e)certified materials: propagating material and fruit plants:
(i) which have been produced either directly or in a known
number of stages in a vegetative way from basic material;
(ii) which satisfy the conditions for certified material laid down
in the schedule for the species concerned, established pursuant
to Article 4.
(iii) which, following an official inspection, has been recognized
as satisfying the abovementioned conditions.1992L0034 — EN — 28.02.1994 — 002.001 — 4
▼B
(f)CAC (Conformitas Agraria Communitatis) material: propagating
material and fruit plants satisfying the minimum conditions laiddown for that category relative to the species concerned in the
schedule established pursuant to Article 4;
(g)virus-free (v.f.) material: material which has been tested and found
free from infection according to internationally recognized scien-tific methods, has been found free from symptoms of any virus or
virus-like pathogen by growing-season inspection, has been main-
tained under conditions ensuring freedom from infection, and isconsidered to be free from all viruses and virus-like pathogensknown in the species concerned occurring in the Community.Material descended vegetatively in direct line in a specific numberof stages from suchmaterial, found free from symptoms of any
virus or virus-like pathogen by growing-season inspection, and
produced and maintained under conditions ensuring freedom frominfection, shall also be considered to be virus-free. The specificnumber of stages shall be indicated in the schedule for the speciesconcerned, established pursuant to Article 4;
(h)virus-tested (v.t.) material: material which has been tested and
found free from infection according to internationally recognizedscientific methods, found free from symptoms of any virus orvirus-like pathogen by growing-season inspection, has been main-tained under conditions ensuring freedom from infection, and
considered to be free from certain serious viruses and virus-like
pathogens known in the species concerned occurring in theCommunity and capable of reducing the usefulness of the material.Material descended vegetatively in direct line in a specific numberof stages from suchmaterial, found free from symptoms of any
virus or virus-like pathogen by growing-season inspection, and
produced and maintained under conditions ensuring freedom frominfection, shall also be considered to be virus-tested. The specificnumber of stages shall be indicated in the schedule for the speciesconcerned, established pursuant to Article 4;
(i)supplier: any natural or legal person carrying out professionally at
least one of the following activities with regard to propagatingmaterial or fruit plants: reproducing, producing, preserving and/ortreating, and marketing;
(j)marketing: the holding available or in stock, displaying or offering
for sale, selling and/or delivering to another person, in whateverform, of propagating material or fruit plants;
(k)responsible official body
(i) the sole and central authority, established or designated by the
Member State under the supervison of the national governmentand responsible for questions concerning quality;
(ii) any State authority established:
— either at national level,
— or at regional level, under the supervision 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 statute, is charged exclusivelywithspecific public functions, provided th at suchperson, and its
members, has no personal interest in the outcome of the measures
it takes.
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 withth e procedure laid down in Article
21, any other legal person established on behalf of a body referredto in (i) and (ii) and acting under the supervision and the controlof such body, may be approved, provided that such person has nopersonal interest in the outcome of the measures it takes.1992L0034 — EN — 28.02.1994 — 002.001 — 5
▼B
The Member States shall notify the Commission of their respon-
sible official bodies. The Commission shall forward thatinformation to the other Member States;
(l)official measures: measures taken by the responsible official body;
(m)official inspection: inspection carried out by the responsible offi-
cial body;
(n)official statement: statement issued by or under the responsibility
of the responsible official body;
(o)lot:a number of units of a single commodity, identifiable by its
homogeneity of composition and origin;
(p)laboratory: a body under public or private law carrying out
analysis and proper diagnosis, enabling the producer to monitorproduction quality.
Article 4
1. In accordance with the procedure laid down in Article 22, a sche-
dule shall be established in Annex I for each genus or species referredto in Annex II, with a reference to the plant health conditions laiddown in Directive 77/93/EEC applying to the genus and/or speciesconcerned and laying down:
(i) the quality and plant health conditions with which CAC material
must comply, in particular those relating to the propagation systemapplied, to the purity of the growing crop, and, except in the caseof rootstocks, where the material does not belong to a variety, tovarietal aspects.
(ii) the conditions with which pre-basic, basic and certified material
must comply, relating to quality, plant health, the testing methodsand procedures applied, the propagation system(s) applied and,except in the case of rootstocks where the material does not
belong to a variety, to varietal aspects;
(iii) the conditions with which rootstocks and other parts of plants of
other genera or species must comply if propagating material of
the genus or species concerned is grafted onto them.
2. If in the schedule a reference is made to the qualification ‘virus-
free (v.f.)’ or ‘virus-tested (v.t.)’, the viruses and virus-like pathogensconcerned shall be mentioned in that schedule.
This provision shall apply mutatis mutandis where reference is made to
a qualification concerning freedom from or testing to detect harmfulorganisms other than viruses or virus-like pathogens.
No reference shall be made to v.f. or v.t. in respect of the material
referred to in subparagraph1 (i).
In respect of the material referred to in subparagraph 1 (ii), a reference
to the aforementioned qualifications shall be made where such refer-
ence is relevant for the genus or species concerned.
Article 5
1. Member States shall ensure that suppliers take all necessary
measures to guarantee compliance withth e standards laid down by
this Directive at all stages of the production and marketing of propa-
gating material and fruit plants.
2. For the purposes of paragraph 1, suppliers shall either carry out
themselves, or have carried out by an accredited supplier or a respon-sible 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,1992L0034 — EN — 28.02.1994 — 002.001 — 6
▼B
— 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
material and fruit plants, to be held at the disposal of the respon-
sible official body. These documents shall be kept for a period ofat least three years.
However, suppliers whose activity in this connection is confined
merely to the distribution of propagating material and fruit plants
produced and packaged on premises other than their own shall berequired only to keep a written record or a record registered in anindelible fashion of the buying and selling and/or delivery of propa-gating material and fruit plants.
This paragraph shall not apply to suppliers whose activity in this
connection is confined to the supply of small quantities of propagatingmaterial and fruit plants to non-professional final consumers.
3. If the result of their own checks or any information at the
disposal of the suppliers referred to in paragraph 1 reveals the presence
of one or more of the harmful organisms referred to in Directive 77/93/EEC or, in a quantity greater than that normaly allowed for in order tomeet the standards, of those specified in the relevant schedules estab-lished pursuant to Article 4, the suppliers shall immediately report thisto the responsible official body and shall carry out the measures indi-
cated by that body or any other measure necessary to reduce the risk of
such harmful organisms from spreading. The supplier shall keeprecords of all outbreaks of harmful organisms on his premises and ofall measures taken in relation to suchoccurrences.
4. Detailed rules for the application of the second subparagraph of
paragraph 2 shall be adopted in accordance with the procedure laid
down 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. The accreditation must be renewed if a supplier decidesto carry out activities other than those for which he has receivedaccreditation.
2. The responsible official body shall accredit laboratories once it
has verified that those laboratories, their methods, their establishmentsand their staff, 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. The 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. Tothis end, it shall take particular account of the conclusions of any check
carried out in accordance withArticle 7.
4. The supervision and monitoring of suppliers, establishments and
laboratories shall be carried out regularly by or under the responsibilityof the responsible official body, which shall at all times have free
access to all parts of establishments, in order to ensure compliance
with the requirements of this Directive. Implementing measuresconcerning supervision and monitoring shall be adopted, as necessary,in accordance withth e 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 take
appropriate action.
Article 7
1. Commission experts may, in cooperation withth e responsible
official bodies of the Member States, make on-the-spot checks in so1992L0034 — EN — 28.02.1994 — 002.001 — 7
▼B
far as this is necessary to ensure the uniform application of this Direc-
tive, and in particular to verify whether suppliers are in effectcomplying with the requirements of this Directive. A Member State in
whose territory a check is being carried out shall give all necessary
assistance to the experts in carrying out their duties. The Commissionshall inform the Member States of the result of the investigations.
2. Detailed rules for the application of paragraph 1 shall be adopted
in accordance withth e procedure laid down in Article 21.
Article 8
1. Propagating material or fruit plants may be marketed only by
accredited suppliers, and provided they meet the requirements laiddown for CAC material in the schedule referred to in Article 4.
2. Pre-basic, basic and certified material may not be certified unless
it belongs to a variety referred to in Article 9 (2) (i) and unless it meetsthe requirements for the category concerned laid down in the schedulereferred to in Article 4. The category shall be indicated on the officialdocument referred to in Article 11.
With regard to the varietal aspect, in the schedule to be drawn up in
accordance withArticle 4 provision may be made for an exemptionfor rootstocks where the material does not belong to a variety.
3. Without prejudice to the provisions of Directive 77/93/EEC, the
previous paragraphs shall not apply to propagating material or fruitplants intended for:
(a) trials or scientific purposes; or
(b) selection work; or
(c) measures for the conservation of genetic diversity.
Detailed rules for the application of points (a) and (b) shall be adopted,
as necessary, in accordance withth e 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 withth e same procedure.
Article 9
1. Propagating material and fruit plants shall be marketed with a
reference to the variety to which they belong. Where, in the case ofrootstocks, the material does not belong to a variety, reference shallbe made to the species or interspecific hybrid concerned.
2. The varieties to which reference shall be made pursuant to para-
graph1 must be:
(i) either commonly known, and protected in accordance with the
provisions on the protection of new varieties of plants, or officiallyregistered on a voluntary or other basis;
(ii) or entered on lists kept by the suppliers, with their detailed descrip-
tions and relevant denominations. These lists must be available,upon request, to the responsible official body of the Member Stateconcerned.
Each variety shall be described and, as far as possible, bear the same
denomination in all Member States, in accordance withaccepted inter-national guidelines.
3. Varieties may be officially registered if they have been found to
satisfy certain officially approved conditions and have an officialdescription. They may also be officially registered if their material hasbeen marketed in the territory of the Member State concerned prior to1 January 1993, provided that they have an official description. In the
latter case the registration shall expire not later than 30 June 2000,
unless by that date the varieties in question have been:
— either confirmed, in accordance with the procedure laid down in
Article 21, with a detailed description if they have been officiallyregistered in at least two Member States,
— or registered in accordance withth e first sentence.1992L0034 — EN — 28.02.1994 — 002.001 — 8
▼B
4. Except where the varietal aspect is explicitly mentioned in the
schedules referred to in Article 4, paragraphs (1) and (2) shall notentail any extra responsibility for the responsible official body.
5. Requirements for the official registration referred to in paragraph
2 (i) shall be established in accordance with the procedure laid down in
Article 21, taking into account current scientific and technical knowl-
edge and covering:
(a) the conditions of official acceptance, which may include, in parti-
cular, distinctness, stability and sufficient uniformity;
(b) the characteristics which as a minimum the examinations of the
various species must cover;
(c) the minimum requirements for carrying out the examinations;
(d) the maximum period of validity of the official acceptance of a
variety.
6. In accordance withth e procedure laid down in Article 21:
— a system for the notification of varieties or species or interspecific
hybrids to the responsible official bodies of the Member States may
be set up,
— additional implementing provisions for paragraph2 (ii) may be
adopted,
— it may be decided that a common catalogue of varieties may be
established and published.
Article 10
1. While growing and during lifting or removal from the parent
material, propagating material and fruit plants shall be kept in separate
lots.
2. If propagating material and fruit plants of different origins are put
together or mixed during packaging, storage, transport or at delivery,the supplier shall keep records including the following data: composi-tion of the lot and origin of its individual components.
3. Member States shall ensure compliance with the requirements
referred to in paragraphs 1 and 2 by carrying out official inspections.
Article 11
Without prejudice to Article 10 (2), propagating material and fruit
plants shall be marketed only in sufficiently homogeneous lots and if
they are:
(i) qualified as CAC material and accompanied by a document made
out by the supplier in accordance with the conditions laid down inthe schedule established pursuant to Article 4. In an officialdeclaration appears on this document, it shall be clearly separate
from all other information in the document; or
(ii) qualified as pre-basic, basic or certified material, and certified as
such by the official responsible body in accordance with the condi-tions laid down in the schedule referred to in Article 4.
Requirements in respect of propagating material and/or fruit plants
withregard to labelling and/or sealing and packaging sh all be indi-cated in the schedule referred to in Article 4.
In the case of retail supply of propagating material or fruit plants to a
non-professional final consumer, requirements regarding labelling maybe confined to appropriate product information.
Article 12
Member States may exempt:
— from the application of Article 11, small producers all of whose
production and sales of propagating material and fruit plants isintended for final use by persons on the local market who are notprofessionally involved in plant production (‘local circulation’),1992L0034 — EN — 28.02.1994 — 002.001 — 9
▼B
— from the checks and official inspections provided for in Article 18,
the local circulation of propagating materials and fruit plantsproduced by suchexempt persons.
In accordance withth e procedure laid down in Article 21, imple-
menting measures relating to other requirements concerning theexemptions referred to in the first and second indents, in particular asregards the concepts of ‘small producers’ and ‘local market’, and to therelated procedures, shall be adopted.
Article 13
In the event of temporary difficulties in the supply of propagating
material and fruit plants satisfying the requirements of this Directive,
measures may be adopted, in accordance withth e procedure laid
down in Article 21, concerning the marketing of propagating materialand fruit plants meeting less stringent requirements, without prejudiceto the plant-health rules laid down in Directive 77/93/EEC.
Article 14
Propagating material and fruit plants which comply with the require-
ments and conditions of this Directive shall be subject to nomarketing restrictions as regards supplier, plant health, growing
medium and inspection arrangements, other than those laid down 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 those obtaining on the date of adoption of this Directive,as the case may be.
Article 16
1. In accordance with the procedure laid down in Article 21, it shall
be decided whether propagating material and fruit plants produced in a
third country and affording the same guarantees as regards obligationson the supplier, identity, characteristics, plant health, growing medium,packaging, inspection arrangements, marking and sealing, are equiva-lent in all these respects to propagating material and fruit plantsproduced 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 ►
M231 December 1994 ◄, and without prejudice to the
provisions of Directive 77/93/EEC, apply to the import of propagatingmaterial and fruit plants from third countries conditions at least equiva-lent to those indicated, on a temporary or permanent basis, in the
schedules adopted pursuant to Article 4. If such conditions are not
laid down in the schedules, the conditions for importation must be atleast equivalent to those applicable to production in the Member Stateconcerned.
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 extended pending the decisions referred to in paragraph 1.
Propagating material and fruit plants imported by a Member State in
accordance witha decision taken by th at Member State pursuant tothe first subparagraph shall be subject to no marketing restrictions inthe other Member States as regards the matters referred to in paragraph1.
Article 17
Member States shall ensure that propagating material and fruit plants
are officially inspected during production and marketing, and by1992L0034 — EN — 28.02.1994 — 002.001 — 10
▼B
random checks in the case of CAC material, to verify compliance with
the requirements and conditions set out in this Directive.
Article 18
Detailed rules for implementing the controls provided for in Article 5
and for the official inspection provided for in Articles 10 and 17,
including sampling methods, shall be adopted in accordance with the
procedure laid down in Article 21.
Article 19
1. If, during the supervision and monitoring provided for in Article
6 (4), the official inspection referred to in Article 17, or the trialsreferred to in Article 20, it is found that propagating material or fruitplants do not meet the requirements of this Directive, the responsibleofficial body of the Member State shall take appropriate action toensure that they do comply with the provisions of this Directive or, if
that is not possible, to ban the marketing of that propagating material
or those fruit plants in the Community.
2. If it is found that propagating material or fruit plants marketed by
a particular supplier do not comply withth e requirements and condi-
tions of this Directive, the Member State concerned shall ensure thatappropriate measures are taken against that supplier. If the supplier isforbidden to market propagating material and fruit plants, the MemberState shall accordingly inform the Commission and the competentnational bodies in the Member States.
3. Any measures taken under paragraph 2 shall be withdrawn as
soon as it has been established with sufficient certainty that the propa-gating material or fruit plants intended for marketing by the supplierwill, in the future, comply with the requirements and conditions of
this Directive.
Article 20
1. Trials, or, where appropriate, tests shall be carried out in the
Member States on samples to check that propagating material or fruitplants comply with the requirements and conditions of this Directive,including those relating to plant health. The Commission may organizeinspections of the trials by representatives of the Member States and ofthe Commission.
2. It may be decided in accordance withth e procedure laid down in
Article 21 that it is necessary to carry out Community trials or tests forthe same purpose as mentioned in paragraph 1. The Commission mayorganize inspections of Community trials by representatives of the
Member States 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 propagating material
and fruit plants. 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, where necessary, arrangements
for coordinating, carrying out and inspecting the trials referred to in
paragraphs 1 and 2, and assessing their results, are adopted by the
Committee set up by Article 21. When plant health problems occur,the Commission shall notify the Standing Committee on Plant Health.If necessary, specific arrangements shall be adopted. Propagating mate-rial and fruit plants produced in third countries shall be included in the
trials.
Article 21
1. The Commission shall be assisted by a committee, referred to as
the ‘Standing Committee on Propagating Material and Plants of Fruit
Genera and Species’, chaired by a representative of the Commission.
2. The representative of the Commission shall submit to the standing
committee a draft of the measures to be taken. The standing committee1992L0034 — EN — 28.02.1994 — 002.001 — 11
▼B
shall deliver its opinion on the draft within a time limit which the
chairman may lay down according to the urgency of the matter. Theopinion shall 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 repre-sentatives of the Member States within the standing committee betweenshall be weighted in the manner set out in that Article. The chairmanshall 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 standing committee, they shall be communicated by the Commis-sion to the Council forthwith. In that event, the Commission may
defer application of the measures which it has decided for a period of
not more than one month 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
Propagating Material and Plants of Fruit Genera and Species, chairedby 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 the measures envisaged if they are 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, without
delay, submit to the Council a proposal relating to the measures to be
taken. 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 established pursuant to Article 4 and to
the conditions and detailed rules adopted for the implementation of this
Directive shall be adopted in accordance with the procedure laid down
in Article 21.
Article 24
1. Member States shall ensure that propagating material and fruit
plants produced in their territory and intended for marketing complywith the requirements of this Directive.
2. If it is found, during an official inspection, that propagating mate-
rial or fruit plants cannot be marketed because they fail to comply with
a condition relating to plant health, the Member State concerned shall
take appropriate official measures to eliminate any consequent plant-health risk.
Article 25
Within five years from the date of adoption of this Directive, the
Commission shall examine the results of its application and submit to1992L0034 — EN — 28.02.1994 — 002.001 — 12
▼B
the Council a report, accompanied by any necessary proposals for
amendments.
Article 26
1. Member States shall bring into force the laws, regulations or
administrative provisions necessary to comply withth is Directive no
later than 31 December 1992. They shall forthwith inform the Commis-
sion thereof.
When these measures are adopted by the Member States, they shall
contain a reference to this Directive or be accompanied by such refer-ence on the occasion of their official publication. The methods formaking such reference shall be adopted 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 genus or species referred to in Annex II
shall be fixed in accordance with the procedure provided for in Article
21, when the schedule referred to in Article 4 is drawn up.
Article 27
This Directive is addressed to the Member States.1992L0034 — EN — 28.02.1994 — 002.001 — 13
▼B
ANNEX I
Schedulesreferred toinaccordancewithArticle 41992L0034 — EN — 28.02.1994 — 002.001 — 14
▼B
ANNEX II
ListofgeneraandspeciestowhichthisDirective applies
— Citrus sinensis (L.) Osbeck orange
— Citrus limon (L.) Burm. f. lemon
— Citrus reticulata Blanco mandarin
— Citrus paradisi Macf. grapefruit— Citrus aurantifolia (Christm.) Swing lime
— Corylus avallana L. hazel
— Fragaria x ananassa Duch. strawberry— Juglans regia L. walnut
— Malus Mill. apple
— Prunus amygdalus Batschalmond— Prunus armeniaca L. apricot
— Prunus avium L. sweet cherry
— Prunus cerasus sour cherry— Prunus domestica L. plum
— Prunus persica (L.) Batschpeach
— Pyrus communis L. pear— Prunus Salicina Japanese plum
— Cydonia Mill. quince
— Ribes redcurrant— Rubus blackberry
— Pistacia vera pistachio
— Olea europaea olive1992L0034 — EN — 28.02.1994 — 002.001 — 15