1992L0033 — EN — 01.03.1994 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE 92/33/EEC
of 28 April 1992
on the marketing of vegetable propagating and planting material, other than seed
(OJ L 157, 10.6.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Decision 93/400/EEC of 16 June 1993 L177 27 21.7.1993
►M2Commission Decision 94/152/EC of 15 February 1994 L66 33 10.3.1994
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COUNCIL DIRECTIVE 92/33/EEC
of 28 April 1992
on the marketing of vegetable propagating and planting material,
other than seed
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),
HavingregardtotheopinionoftheEconomicandSocialCommittee(3),
Whereas the production of vegetables occupies an important place in
the agriculture of the Community;
Whereassatisfactoryresultsinthecultivationofvegetablesdependtoa
largeextentonthequalityandplanthealthnotonlyoftheseedalreadycoveredbyCouncilDirective70/458/EECof29September1970onthemarketing of vegetable seed(
4) but also of the vegetable planting
material used for their propagation; whereas certain Member Stateshaveinconsequenceintroducedrulesintendedtoguaranteethequalityand 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 barrierstotradeandthushinderthefreemovementoftheseproductswithintheCommunity; whereas, with a view to achieving the internal market,thesebarriersshouldberemovedbyadoptingCommunityprovisionstoreplace 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 ofgood quality;
Whereas, in so far as they relate to plant health, such harmonized
conditions must be consistent with Council Directive 77/93/EEC of 21December1976onprotectivemeasuresagainsttheintroductionintotheMember 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, astherulesapplicabletheremaybedifferentfromthosecontainedinthisDirective;
Whereas the determination of plant-health and quality standards for
eachgenusandspeciesofvegetableplantrequireslengthyanddetailedtechnical and scientific consideration; whereas a procedure shouldaccordingly be established for that purpose;
Whereas in the first instance it is the responsibility of the suppliers of
vegetablepropagatingandplantingmaterialtoensurethattheirproductsfulfil the conditions laid down in this Directive;
(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 Commis-
sion Directive 92/10/EEC (OJ No L 70, 17. 3. 1992, p. 27).
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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;
Whereasitisintheinterestsofthepurchasersofvegetablepropagating
and planting materials that the name of varieties be known and theiridentity safeguarded;
Whereas,tothisend,provisionshouldbemadeasfaraspossibleforthe
applicationoftherulesonthevarietalaspectasestablishedwithrespectto the marketing of vegetable seed;
Whereas, in order to ensure the identity and orderly marketing of
vegetablepropagatingandplantingmaterial,Communityrulesmustbelaid down concerning the separation of lots, and marking; whereas thelabels used should give the particulars needed both for official controland for the information of the user;
Whereas rules should be established permitting, in cases of temporary
supplydifficulties,themarketingofvegetablepropagatingandplantingmaterial subject to requirements less stringent than those contained inthis Directive;
Whereas,asafirststeptowardsharmonizedconditions,MemberStates
shouldbeprohibitedinthecaseofthegeneraandspeciesreferredtoinAnnex 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 sameassurances as vegetable propagating and planting material produced inthe Community and complying with Community rules;
Whereas,inordertoharmonizetechnicalmethodsofexaminationused
intheMemberStatesandtocomparepropagatingandplantingmaterialandvegetableplantsproducedintheCommunitywiththatproducedinthird 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,
theCommissionshouldbeentrustedwiththetaskofadoptingmeasuresfor its implementation and for the amendment of its Annex, and toprovideaproceduretothatendinvolvingclosecooperationbetweentheCommission and the Member States within a Standing Committee onSeeds and Propagating Materials, Agriculture, Horticulture andForestry,
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. Articles2to20and24shallapplytothegeneraandspecies,and
their hybrids, listed in Annex II.
Rootstocksandotherpartsofplantsofothergeneraorspeciesortheir
hybridsshallalsobesubjecttotheabovementionedArticlesifmaterialofoneofthesaidgeneraorspecies,oroftheirhybrids,is,orhastobe,grafted on to them.
3. AmendmentstothelistofgeneraandspeciesinAnnexIIshallbe
adopted in accordance with the procedure laid down in Article 22.
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Article 2
ThisDirectiveshallnotapplytopropagatingorplantingmaterialshown
tobeintendedforexporttothirdcountries,ifproperlyidentifiedassuchandkeptsufficientlyisolated,withoutprejudicetothehealthruleslaiddown in Directive 77/93/EEC.
Implementingmeasuresforthefirstsubparagraph,withparticularrefer-
encetoidentificationandisolation,shallbeadoptedinaccordancewiththe procedure laid down in Article 21.
Article 3
ForthepurposesofthisDirective,thefollowingdefinitionsshallapply:
(a)propagating material: parts of plants and all plant material,
includingrootstocksintendedforthepropagationandproductionofvegetables;
(b)planting material: entire plants and parts of plants including, for
graftedplants,thegraftedcomponents,intendedforplantingfortheproduction of vegetables;
(c)supplier:any natural or legal person carrying out professionally at
leastoneofthefollowingactivitieswithregardtovegetablepropa-gating and planting material: reproducing, producing, preservingand/or treating and marketing;
(d)marketing:theholdingavailableorinstock,displayingoroffering
for sale, selling and/or delivering to another person, in whateverform, of propagating or planting material;
(e)responsible official body:
(i) the sole and central authority, established or designated by the
MemberStateunderthesupervisionofthenationalgovernmentand responsible for questions concerning quality;
(ii) any State authority established:
— either at national level,
— or at regional level, under the supervison of the national
authoritieswithinthelimitssetbythenationallegislationofthe Member State concerned.
The bodies referred to in (i) and (ii) may, in accordance with their
nationallegislation,delegatethetasksprovidedforinthisDirectivetobeaccomplishedundertheirauthorityandsupervisiontoanylegalperson,whethergovernedbypublicorprivatelaw,which,underitsofficiallyapprovedconstitution,ischargedexclusivelywithspecificpublic functions, provided that such person, and its members, haveno personal interest in the outcome of the measures 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,inaccordancewiththeprocedurelaiddowninArticle21,
anotherlegalpersonestablishedonbehalfofanybodyreferredtoin(i) and (ii) and acting under the authority and supervision of suchbody may be approved, provided that such person has no personalinterest in the outcome of the measures it takes.
TheMemberStatesshallnotifytheCommissionoftheirresponsible
official bodies. The Commission shall forward that information tothe other Member States;
(f)official measures: measurestakenbytheresponsibleofficialbody;
(g)officialinspection: inspectioncarriedoutbytheresponsibleofficial
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;
(j)laboratory:apublicorprivatelawentitycarryingoutanalysisand
proper diagnosis, enabling the producer to monitor productionquality.
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Article 4
In accordance with the procedure laid down in Article 22, a schedule
shallbeestablishedinAnnexIforeachgenusandspeciesreferredtoinAnnex II and for rootstocks of other genera and species if material ofthegenusorspeciesis,orhastobe,graftedontothem,withareferenceto the plant-health conditions laid down in Directive 77/93/EECapplying to the genus and/or species concerned, and laying down:
(i) theconditionswithwhichvegetableplantingmaterialmustcomply,
inparticularthoserelatingtothequalityandpurityofthecropand,whereappropriatevarietalcharacteristics.Theserequirementsshallbe 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.TheseconditionswillbesetoutinAnnexI,PartB.
Article 5
1. Member States shall ensure that suppliers take all the necessary
measures to guarantee compliance with the standards set by thisDirective at all stages of the production and marketing of vegetablepropagating and planting material.
2. For the purposes of paragraph 1, the said suppliers shall either
carryoutthemselves,orhavecarriedoutbyanaccreditedsupplieroraresponsible 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,
— takingsamplesforanalysisinalaboratoryaccreditedbytherespon-
sibleofficialbodyforthepurposeofcheckingcompliancewiththestandards established by this Directive,
— keeping a written record or a record registered in an indelible
fashionofthedatareferredtointhefirst,secondandthirdindents,as well as records on production and marketing of propagating andplanting material, to be held at the disposal of the responsibleofficial body. These documents and records shall be kept for aperiod 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 ownshallberequiredonlytokeepawrittenrecordorarecordregisteredin an indelible fashion of the buying and selling and/or delivery ofsuch products.
This paragraph shall not apply to suppliers whose activity in this
connectionisconfinedtothesupplyofsmallquantitiesofvegetablepropagating and planting material to non-professional finalconsumers.
3. Iftheresultoftheirownchecksoranyinformationatthedisposal
ofthesuppliersreferredtoinparagraph1revealsthepresenceofoneormoreoftheharmfulorganismsreferredtoinDirective77/93/EECorinquantities greater than those normally allowed for in order to meet thestandards, or of those specified in the relevant schedules establishedpursuant to Article 4, the suppliers shall immediately report this to theresponsible official body and shall take the measures indicated by thatbodyoranyothermeasurenecessarytoreducetheriskofsuchharmfulorganismsfromspreading.Thesuppliershallkeeprecordsofalloccur-rencesofharmfulorganismsonhispremisesandofallmeasurestakenin relation to such occurrences.
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.
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Article 6
1. The responsible official body shall accredit suppliers once it has
verified that their production methods and establishments meet therequirementsofthisDirectivewithregardtothenatureoftheactivitiesthey carry out. Accreditation must be renewed if a supplier decides tocarryoutactivitiesotherthanthoseforwhichhehasreceivedaccredita-tion.
2. Theresponsibleofficialbodyshallaccreditlaboratoriesonceithas
verified that these laboratories, their methods and their establishmentsmeettherequirementsofthisDirectivetobespecifiedaccordingtotheprocedure laid down in Article 21, with regard to the testing activitiestheycarryout.Accreditationmustberenewedifalaboratorydecidestocarryoutactivitiesotherthanthoseforwhichithasreceivedaccredita-tion.
3. Theresponsibleofficialbodyshalltakethenecessarymeasuresif
therequirementsreferredtoinparagraphs1and2ceasetobemet.Tothisend,itshalltakeparticularaccountoftheconclusionsofanycheckcarried out in accordance with Article 7.
4. The supervision and monitoring of suppliers, establishments and
laboratoriesshallbecarriedoutregularlybyorundertheresponsibilityoftheresponsibleofficialbody,whichshallatalltimeshavefreeaccessto all parts of establishments, in order to ensure compliance with therequirements of this Directive. Implementing measures concerningsupervision and monitoring shall be adopted, as necessary, in accord-ance 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. Commissionexpertsmayincooperationwiththeresponsibleoffi-
cialbodiesoftheMemberStates,makeon-the-spotchecksinsofarasthis is necessary to ensure uniform application of this Directive and inparticular to verify whether suppliers are in effect complying with therequirements 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. Detailedrulesfortheapplicationofparagraph1shallbeadopted
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. WithoutprejudicetotheprovisionsofDirective77/93/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.
Detailedrulesfortheapplicationofpoints(a)and(b)shallbeadopted
asnecessaryinaccordancewiththeprocedurelaiddowninArticle21.Detailed rules for the application of point (c) shall be adopted prefer-ably before 1 January 1993, in accordance with the same procedure.
Article 9
1. WithoutprejudicetoArticle2,vegetablepropagatingandplanting
material which belongs to genera or species listed in Annex II and isalsocoveredbyDirective70/458/EECshallnotbemarketedwithinthe
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Community unless it belongs to a variety accepted in accordance 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 byDirective 70/458/EEC shall not be marketed within the CommunityunlessitbelongstoavarietyofficiallyacceptedinatleastoneMemberState.
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
formalities 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 speciesreferredtoinparagraph2whichwasgrantedpriorto1January1993inaccordance with principles other than those laid down in Directive70/458/EECoronthebasisofthefactthattheirmaterialwasmarketedin their territory before that date expires on 30 June 1998 at the latest,unless the varieties in question have been accepted in accordance withparagraph 1 on the date.
4. Varieties officially accepted in accordance with paragraphs 2 and
3shallbeenteredintheCommonCatalogueofVarietiesofVegetableSpecies 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. Ifvegetablepropagatingandplantingmaterialofdifferentorigins
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 homogeneouslotsandiftheyarerecognizedascomplyingwiththisDirectiveandareaccompanied by a document made out by the supplier in accordancewith the conditions laid down in the schedule established pursuant toArticle 4. If an official statement appears on this document, it shall beclearly separated from all other contents of the document.
Requirementsonvegetablepropagatingandplantingmaterialforlabel-
ling and/or sealing and packaging shall be set out in the schedulereferred to in Article 4.
2. Inthecaseofsupplybytheretailerofvegetablepropagatingand
plantingmaterialtoanon-professionalfinalconsumer,requirementsonlabelling may be confined to appropriate product information.
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Article 12
Member States may exempt:
— from the application of Article 11, small producers all of whose
productionandsalesofvegetablepropagatingandplantingmaterialisintendedforfinalusebypersonsonthelocalmarketwhoarenotprofessionally involved in plant production (‘local circulation').
— from the controls and offical inspection provided for in Article 18,
thelocalcirculationofvegetablepropagatingandplantingmaterialsproduced by such exempt persons.
InaccordancewiththeprocedurelaiddowninArticle21,implementing
measures relating to other requirements concerning the exemptionsreferredtointhefirstandsecondindentsabove,inparticularasregardstheconceptsof‘smallproducers'and‘localmarket',andtotherelevantprocedures, shall be adopted.
Article 13
Intheeventoftemporarydifficultiesinthesupplyofvegetablepropa-
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 laiddown 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 regardsvariety 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-tionsotherthantheconditionslaiddownintheschedulesreferredtoinArticle 4 or, failing that, those existing on the date of adoption of thisDirective.
Article 16
1. InaccordancewiththeprocedurelaiddowninArticle21,itshall
be decided whether vegetable propagating and planting materialproduced in a third country and affording the same guarantees asregardsobligationsonthesupplier,identity,characteristics,planthealth,growing medium, packaging, inspection arrangements, marking andsealing,isequivalentinalltheserespectstovegetablepropagatingandplanting material produced in the Community and complying with therequirements 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 vegetablepropagating and planting material from third countries conditions atleast 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.
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In accordance with the procedure laid down in Article 21, the date
referredtointhefirstsubparagraphmay,forthevariousthirdcountries,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 marketingrestrictionsintheotherMemberStatesasregardsthemattersreferredtoin paragraph 1.
Article 17
MemberStatesshallensurethatofficialinspectionbysamplingchecks
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
Article5andfortheofficialinspectionprovidedforinArticles10and17, including sampling methods, shall be adopted, as necessary, inaccordance with the procedure provided for in Article 21.
Article 19
1. If,duringthesupervisionandmonitoringprovidedforinArticle6
(4), the official inspection provided for in Article 17, or the trialsprovided 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 appropriateactiontoensurethatitdoescomplywiththeprovisionsofthisDirectiveor, if that is not possible, to ban the marketing of that vegetablepropagating 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 concernedshallensurethatappropriatemeasuresaretakenagainstthatsupplier.Ifthe supplier is forbidden to market vegetable propagating and plantingmaterial, the Member State shall notify the Commission and thecompetent national authorities in the Member States.
3. Anymeasurestakenunderparagraph2shallbewithdrawnassoon
as it has been established with adequate certainty that the vegetablepropagating and planting material intended for marketing by thesupplierwill,infuture,complywiththerequirementsandconditionsofthis Directive.
Article 20
1. Trials, or, where appropriate, tests shall be carried out in the
Member States on samples to check that vegetable propagating andplantingmaterialcomplieswiththerequirementsandconditionsofthisDirective,includingthoserelatingtoplanthealth.TheCommissionmayorganize inspections of the trials by representatives of the MemberStates and of the Commission.
2. Itmaybedecidedinaccordancewiththeprocedurelaiddownin
Article 21 that it is necessary to carry out Community trials for thesame purpose as mentioned in paragraph 1. The Commission mayorganize inspections of Community trials by representatives of theMember States and of the Commission.
3. Thetrialsortestsreferredtoinparagraphs1and2shallbeusedto
harmonize technical methods of examination of vegetable propagatingand planting material. Progress reports shall be made on the trials ortests and sent in confidence to the Member States and to the Commis-sion.
4. The Commission shall ensure that, in appropriate cases, arrange-
mentsforcoordinating,carryingoutandinspectingthetrialsreferredtoin paragraphs 1 and 2, and assessing their results, are made within the
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CommiteesetupbyArticle21.Whenplant-healthproblemsoccur,theCommission shall notify the Standing Committee on Plant Health. Ifnecessary, 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 chairmanmaylaydownaccordingtotheurgencyofthematter.TheopinionshallbedeliveredbythemajoritylaiddowninArticle148(2)oftheTreatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures which shall apply imme-
diately.
However, if these measures are not in accordance with the opinion of
the committee, they shall be communicated by the Commission to theCouncilforthwith.Inthatevent,theCommissionmaydeferapplicationofthemeasureswhichithaddecidedforaperiodofnotmorethanonemonth from the date of such communication.
The Council, acting by a qualified majority, may take a different
decision 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 andForestry, 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 chairmanmaylaydownaccordingtotheurgencyofthematter.TheopinionshallbedeliveredbythemajoritylaiddowninArticle148(2)oftheTreatyin the case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of theMember States within the committee shall be weighted in the mannerset out in that Article. The chairman shall not vote.
3. The Commission shall adopt measures envisaged in accordance
with the opinion of the committee.
Ifthemeasuresenvisagedarenotinaccordancewiththeopinionofthe
committee,orifnoopinionisdelivered,theCommissionshall,withoutdelay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by a qualified majority.
If,ontheexpiryofaperiodofthreemonthsfromthedateofreferralto
theCouncil,theCouncilhasnotacted,theproposedmeasuresshallbeadopted by the Commission.
Article 23
AmendmentstotheschedulesreferredtoinArticle4andtothecondi-
tionsanddetailedrulesadoptedfortheimplementationofthisDirectiveshallbeadoptedinaccordancewiththeprocedurelaiddowninArticle21.
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Article 24
1. Member States shall ensure that vegetable propagating and
plantingmaterialproducedintheirterritoryandintendedformarketingcomplies with the requirements of this Directive.
2. If it is found, during an official inspection, that vegetable propa-
gatingandplantingmaterialcannot,byreasonofnon-compliancewithacondition 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 nolaterthan31December1992.TheyshallforthwithinformtheCommis-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. AsfarasArticles5to11,14,15,17,19and24areconcerned,the
date of application for each of the genera or species referred to inAnnex II shall be fixed in accordance with the procedure laid down inArticle 21, when the schedule referred to Article 4 is drawn up.
Article 26
This Directive is addressed to the Member States.
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ANNEX I
Conditions to be laid down in accordance with Article 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.
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ANNEX II
List of the genera and species referred to in article 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. redbeet— Brassica oleracea L. convar. acephala (DC.) Alef. var. sabellica L. curlykale— 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 Brusselssprouts— Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L. Savoycabbage— Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC cabbage— Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC redcabbage— Brassica oleracea L. convar. acephala (DC) Alef. var. gongylodes kohlrabi— Brassica pekinensis L. Chinesecabbage— Brassica rapa L. var. rapa turnip— Capsicum annuum L. pepper— Chicorium endivia L. endive— Chicorium intybus L. (partim) Witloofchicory— 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. Hill parsley— Phaseolus coccineus L. runnerbean— Phaseolus vulgaris L. Frenchbean— Pisum sativum L. (partim) peasexceptingfodderpeas— Raphanus sativus L. radishes— Rheum rhubarb— Scorzonera hispanica L. scorzonera— Solanum melongena L. eggplant— Spinacia oleracea L. spinach— Valerianelle locusta (L.) Laterr. cornsalad— Vicia faba L. (partim) broadbean