1992L0034 — EN — 05.06.2003 — 007.001 — 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
►M3Commission Decision 95/26/EC of 8 February 1995 L 36 36 16.2.1995
►M4Commission Decision 97/110/EC of 17 January 1997 L 39 22 8.2.1997
►M5Commission Decision 1999/30/EC of 18 December 1998 L 8 30 14.1.1999
►M6Commission Decision 2002/112/EC of 11 February 2002 L 41 44 13.2.2002
►M7Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
▼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),
Whereasfruit production occupiesan 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 plantsintended for fruit production;whereascertain Member Stateshave in cons equence introduced rulesintended to guarantee the quality and plant health of the fruit plant
propagating material and fruit plantsplaced on the market;
Whereasthe different treatment accorded to propagating material and
fruit plantsin different Member Statesislikely to create barrierstotrade and thushinder the free movement of thes e goodswithin 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 plantswhich are healthy and of goodquality;
Whereas, so far as they relate to plant health, such harmonized condi-
tions must be consistent with Council Directive 77/93/EEC of 21
December 1976 on protective measures against the introduction intothe Member Statesof organis msharmful 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 isnot appropriate to apply the Community ruleson themarketing of propagating material and fruit plantswhen it iss hownthat such products are intended for export to third countries, as the
rulesapplicable there may be different from thos e contained in this
Directive;
Whereasthe determination of plant health and quality s tandardsfor
each genusand s peciesof fruit plant requireslengthy 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 plantsto ens ure that their productsfulfil the conditionslaid down in thisDirective;1992L0034 — EN — 05.06.2003 — 007.001 — 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 aslas t amended by Directive 92/
10/EEC (OJ No L 70, 17. 3. 1992, p. 27).
▼B
Whereasthe competent authoritiesof the Member Statesmus t, when
carrying out controls and inspections, ensure that suppliers fulfil thoseconditionswith regard to propagating material or fruit plantsbelonging
to the CAC (Conformitas Agraria Communitatis) category;
Whereas it is indispensable to provide for other categories of propa-
gating material and fruit plantsfor which the s aid 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 Statesof the s tandardslaiddown in thisDirective;
Whereas it is consistent with current agricultural practice to require
that certain propagating material and fruit plantsare 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 plantsthat the namesof varietiesbe 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 thisDirective;
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 thisDirective;
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
guaranteesaspropagating material and fruit plantsproduced in theCommunity and complying with Community rules;
Whereas, in order to harmonize the technical methods of examination
used in the Member States and to compare propagating material andfruit plantsproduced in the Community with thos e 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 itsimplementation and for the amendment of itsAnnex; 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 Plantsof Fruit Genera and Species ,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. ThisDirective appliesto the marketing of fruit plant propagating
material and fruit plantsintended for fruit production within theCommunity.1992L0034 — EN — 05.06.2003 — 007.001 — 3
▼B
2. Articles2 to 20 and Article 24 s hall 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 with the procedure laid down in Article 22.
Article 2
ThisDirective s hall 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 healthruleslaid down by Directive 77/93/EEC.
Implementing measures for the first paragraph, with particular refer-
ence to identification and isolation, shall be adopted in accordancewith the 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: plantsintended to be planted or replanted, after
marketing:
(c)pre-basic material: propagating material:
(i) which hasbeen produced according to generally accepted
methodswith 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 isintended for the production of bas ic 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 hasbeen 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 isintended 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 — 05.06.2003 — 007.001 — 4
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(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 hasbeen tes ted 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 conditionsens uring 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 such material, found free from symptoms of any
virus or virus-like pathogen by growing-season inspection, and
produced and maintained under conditionsens uring 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 hasbeen tes ted 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 conditionsens uring freedom from infection, and
considered to be free from certain serious viruses and virus-like
pathogensknown in the s peciesconcerned occurring in theCommunity and capable of reducing the usefulness of the material.Material descended vegetatively in direct line in a specific numberof stages from such material, found free from symptoms of any
virus or virus-like pathogen by growing-season inspection, and
produced and maintained under conditionsens uring 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 bodiesreferred 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 exclusivelywith specific public functions, provided that such person, 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 bodiesreferred to in (ii) and thos e referred to in (i).
Moreover, in accordance with the 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 — 05.06.2003 — 007.001 — 5
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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 unitsof a s ingle 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 conditionslaiddown in Directive 77/93/EEC applying to the genusand/or s peciesconcerned and laying down:
(i) the quality and plant health conditionswith 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 conditionswith which roots tocksand other partsof plantsof
other genera or species must comply if propagating material of
the genusor s peciesconcerned isgrafted 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 ismade 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 subparagraph 1 (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 isrelevant for the genusor s peciesconcerned.
Article 5
1. Member States shall ensure that suppliers take all necessary
measures to guarantee compliance with the standards laid down by
thisDirective at all s tagesof 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 pointsin their production proces son the
basis of the production methods used,
— establishment and implementation of methods for monitoring and
checking the critical pointsreferred to in the firs t 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 — 05.06.2003 — 007.001 — 6
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— keeping a written record or a record registered in an indelible
fashion, of the data referred to in the first, second and third indents,aswell asrecordson 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 such occurrences.
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
requirementsof thisDirective with regard to the nature of the activitiesthey carry out. The accreditation must be renewed if a supplier decidesto carry out activitiesother than thos e for which he hasreceivedaccreditation.
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 decidesto carry out activitiesother than thos e for which it
hasreceived accreditation.
3. The responsible official body shall take the necessary measures if
the requirementsreferred to in paragraphs1 and 2 ceas e to be met. Tothis 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 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 requirementsof thisDirective. Implementing meas uresconcerning 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 take
appropriate action.
Article 7
1. Commission experts may, in cooperation with the responsible
official bodies of the Member States, make on-the-spot checks in so1992L0034 — EN — 05.06.2003 — 007.001 — 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 requirementsof thisDirective. 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 rulesfor the application of paragraph 1 s hall be adopted
in accordance with the procedure laid down in Article 21.
Article 8
1. Propagating material or fruit plantsmay 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 belongsto a variety referred to in Article 9 (2) (i) and unles sit meetsthe requirementsfor the category concerned laid down in the s chedulereferred 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 with Article 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
previousparagraphss hall not apply to propagating material or fruitplantsintended for:
(a) trials or scientific purposes; or
(b) selection work; or
(c) measures for the conservation of genetic diversity.
Detailed rulesfor the application of points(a) and (b) s hall be adopted,
as necessary, in accordance with the procedure laid down in Article 21.
Detailed rulesfor the application of point (c) s hall be adopted prefer-
ably before 1 January 1993, in accordance with the same procedure.
Article 9
1. Propagating material and fruit plantss hall 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-
graph 1 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 with accepted inter-national guidelines.
3. Varietiesmay be officially regis tered 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 with the first sentence.1992L0034 — EN — 05.06.2003 — 007.001 — 8
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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. Requirementsfor the official regis tration 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 conditionsof 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 requirementsfor carrying out the examinations ;
(d) the maximum period of validity of the official acceptance of a
variety.
6. In accordance with the 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 paragraph 2 (ii) may be
adopted,
— it may be decided that a common catalogue of varietiesmay 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 plantsof different originsare 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 itsindividual 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 asCAC 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-tionslaid down in the s chedule referred to in Article 4.
Requirementsin res pect of propagating material and/or fruit plants
with regard to labelling and/or sealing and packaging shall 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 Statesmay 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 — 05.06.2003 — 007.001 — 9
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— from the checksand official ins pectionsprovided for in Article 18,
the local circulation of propagating materialsand fruit plantsproduced 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, 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 difficultiesin the s upply of propagating
material and fruit plants satisfying the requirements of this Directive,
measures may be adopted, in accordance with the procedure laid
down in Article 21, concerning the marketing of propagating materialand fruit plants meeting less stringent requirements, without prejudiceto the plant-health ruleslaid down in Directive 77/93/EEC.
Article 14
Propagating material and fruit plantswhich 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
thisDirective.
Article 15
Asregardsthe productsreferred to in Annex II Member Statess hall
refrain from imposing more stringent conditions or marketing restric-tionsother than the conditionslaid down in the s chedulesreferred toin Article 4 or those obtaining on the date of adoption of this Directive,asthe cas e may be.
Article 16
1. In accordance with the procedure laid down in Article 21, it shall
be decided whether propagating material and fruit plantsproduced 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 requirementsand
conditionsof thisDirective.
2. Pending the decision referred to in paragraph 1, Member States
may, until ►
M631 December 2004 ◄, and without prejudice to the
provisions of Directive 77/93/EEC, apply to the import of propagatingmaterial and fruit plantsfrom third countriesconditionsat leas t 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 plantsimported by a Member State in
accordance with a decision taken by that Member State pursuant tothe first subparagraph shall be subject to no marketing restrictions inthe other Member Statesasregardsthe mattersreferred 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 — 05.06.2003 — 007.001 — 10
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random checksin the cas e of CAC material, to verify compliance with
the requirementsand conditionss et out in thisDirective.
Article 18
Detailed rulesfor implementing the controlsprovided 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 theprocedure 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 isfound that propagating material or fruit
plants do not meet the requirements of this Directive, the responsible
official body of the Member State shall take appropriate action toensure that they do comply with the provisions of this Directive or, ifthat is not possible, to ban the marketing of that propagating materialor those fruit plants in the Community.
2. If it isfound that propagating material or fruit plantsmarketed by
a particular supplier do not comply with the 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 competent
national bodiesin 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 plantsintended for marketing by the s upplierwill, in the future, comply with the requirementsand conditionsofthisDirective.
Article 20
1. Trials, or, where appropriate, tests shall be carried out in the
Member Stateson s amplesto check that propagating material or fruitplantscomply with the requirementsand conditionsof thisDirective,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 with the 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 theMember States and of the Commission.
3. The trials or tests referred to in paragraphs 1 and 2 shall be used
to harmonize technical methodsof examination of propagating material
and fruit plants. Progress reports shall be made on the trials or tests andsent 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 plantsproduced in third countriess hall be included in thetrials.1992L0034 — EN — 05.06.2003 — 007.001 — 11
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Article 21
1. The Commission shall be assisted by the Standing Committee on
Propagating Material and Plantsof Fruit Genera and Species .
2. Where reference ismade to thisArticle, Articles4 and 7 of Deci-
sion 1999/468/EC (1) shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. The Committee shall adopt its Rules of Procedure.
Article 22
1. The Commission shall be assisted by the Standing Committee on
Propagating Material and Plantsof Fruit Genera and Species .
2. Where reference ismade to thisArticle, Articles5 and 7 of Deci-
sion 1999/468/EC (2) shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
Article 23
Amendments to the schedules established pursuant to Article 4 and to
the conditionsand detailed rulesadopted for the implementation of thisDirective shall be adopted in accordance with the procedure laid downin Article 21.
Article 24
1. Member States shall ensure that propagating material and fruit
plantsproduced in their territory and intended for marketing comply
with the requirementsof thisDirective.
2. If it isfound, during an official ins pection, that propagating mate-
rial or fruit plantscannot be marketed becaus e 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 yearsfrom the date of adoption of thisDirective, the
Commission shall examine the results of its application and submit tothe Council a report, accompanied by any necessary proposals foramendments.
Article 26
1. Member States shall bring into force the laws, regulations or
administrative provisions necessary to comply with this 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 thisDirective or be accompanied by s uch refer-
ence on the occasion of their official publication. The methods formaking such reference shall be adopted by the Member States.
2. Asfar asArticles5 to 11, 14, 15, 17, 19 and 24 are concerned,
the date of application for each genusor s peciesreferred to in Annex II
shall be fixed in accordance with the procedure provided for in Article21, when the schedule referred to in Article 4 is drawn up.1992L0034 — EN — 05.06.2003 — 007.001 — 12
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 184, 17.7.1999, p. 23.▼B
▼B
Article 27
This Directive is addressed to the Member States.1992L0034 — EN — 05.06.2003 — 007.001 — 13
▼B
ANNEX I
Schedulesreferred toinaccordancewithArticle 41992L0034 — EN — 05.06.2003 — 007.001 — 14
▼B
ANNEX II
ListofgeneraandspeciestowhichthisDirective applies
— Citrus sinensis (L.) Osbeck orange
— Citruslimon (L.) Burm. f. lemon
— Citrusreticulata Blanco mandarin
— Citrusparadis i Macf. grapefruit— Citrusaurantifolia (Chris tm.) Swing lime
— Corylusavellana L. hazel
— Fragaria x ananassa Duch. strawberry— Juglansregia L. walnut
— MalusMill. apple
— PrunusamygdalusBats ch almond— Prunusarmeniaca L. apricot
— Prunusavium L. s weet cherry
— Prunus cerasus sour cherry— Prunusdomes tica L. plum
— Prunus persica (L.) Batsch peach
— PyruscommunisL. pear— PrunusSalicina Japanes e plum
— Cydonia Mill. quince
— Ribesredcurrant— Rubusblackberry
— Pistacia vera pistachio
— Olea europaea olive1992L0034 — EN — 05.06.2003 — 007.001 — 15