1968L0193 — EN — 18.04.2004 — 016.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILDIRECTIVE
of9April1968
onthemarketingofmaterial forthevegetative propagationofthevine
(68/193/EEC)
(OJ L 93, 17.4.1968, p. 15)
Amended by:
Official Journal
No page date
►M1Council Directive 71/140/EEC of 22 March 1971 L 71 16 25.3.1971
►M2Council Directive 74/648/EEC of 9 December 1974 L 352 43 28.12.1974
►M3First Commission Directive 77/629/EEC of 28 September 1977 L 257 27 8.10.1977
►M4Council Directive 78/55/EEC of 19 December 1977 L 16 23 20.1.1978
►M5Council Directive 78/692/EEC of 25 July 1978 L 236 13 26.8.1978
►M6Commission Directive 82/331/EEC of 6 May 1982 L 148 47 27.5.1982
►M7Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M8Council Directive 86/155/EEC of 22 April 1986 L 118 23 7.5.1986
►M9Council Directive 88/332/EEC of 13 June 1988 L 151 82 17.6.1988
►M10Council Directive 90/654/EEC of 4 December 1990 L 353 48 17.12.1990
►M11Council Directive 2002/11/EC of 14 February 2002 L 53 20 23.2.2002
►M12Council Directive 2003/61/EC of 18 June 2003 L 165 23 3.7.2003
►M13Regulation (EC) No 1829/2003 of the European Parliament and of the
Council of 22 September 2003L 268 1 18.10.2003
Amended by:
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
►A2Act of Accession of Greece L 291 17 19.11.1979
►A3Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
▼B
COUNCILDIRECTIVE
of9April1968
on the marketing of material for the vegetative propagation of the
vine
(68/193/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
After consulting the Economic and Social Committee;
Whereasthe production of wine and table grapesoccupiesan important
place in the agriculture of the European Economic Community;
Whereas satisfactory results in vine cultivation depend to a large extent
on the use of appropriate propagation material; whereas to this endcertain Member States have for some time restricted the marketing ofvine vegetative propagation material to high quality wood and youngplants; whereas those States have been able to take advantage of the
systematic plant selection work carried out over several decades which
has resulted in the development of stable and uniform vine varietieswhich, by reason of their characters, promise to be of great value forthe purposes in view;
Whereasgreater productivity will be achieved in the Community vine
cultivation if for the choice of the varietiespermitted to be marketedthe Member States apply uniform rules which are as strict as possible;
Whereas it is however justifiable to restrict marketing to certain vari-
etiesonly if the vine grower can be s ure of actually obtainingpropagation material of those varieties;
Whereascertain Member Stateshave for thispurpos e been applying
certification schemes which are intended by official control to ensure
varietal identity and purity, and health status, particularly as regardsvirus diseases; whereas these schemes may constitute one of the basesfor a uniform Community certification scheme;
Whereas such a scheme should apply to the marketing both in other
Member Statesand on domes tic marketsof propagation materialproduced within the Community;
Whereas, as a general rule, propagation material intended for the
production of grapesor for the production of propagation materialshould be allowed to be marketed only if it has been officially exam-ined and certified, in accordance with the rulesfor certification, asbasic material or certified material; whereas the choice of the technicalterms ‘basic material’ and ‘certified material’ is based on already
existing international terminology and on the Community schemes for
other genera and species of plant;
Whereas it would be desirable to restrict marketing to certified vine
propagation material obtained by clonal selection; whereas, however,
it is at present impossible to attain this objective since Community
requirements could not be entirely covered by such material; whereas,therefore, the marketing of checked standard material which must alsopossess identity and varietal purity but which does not always affordthe same assurances as propagation material obtained by clonal selec-
tion should be allowed provisionally; whereas, however, this category
should gradually be eliminated;
Whereas, if vines are not propagated or if propagation material is not
marketed in a Member State, it seems justifiable to exempt that State1968L0193 — EN — 18.04.2004 — 016.001 — 2
(1) OJ No 156, 15.7.1967, p. 30.
▼B
from the obligation to arrange for certification or for checking of stan-
dard material without however affecting itsobligation to res trictmarketing to certified material and standard material;
Whereaspropagation material which isnot placed on the market s hould
not, in view of itsminor economic importance, be s ubject to Commu-
nity rules; whereas Member States must retain the right to make such
material subject to special provisions;
WhereasCommunity ruless hould not apply to propagation material
shown to be intended for export to third countries;
WhereasCommunity rulesmus t be adopted by the Council not later
than 31 December 1969 for propagation material produced in third
countriesand marketed in the Community;
Whereas, in order to improve not only the genetic valve of Community
propagation material, but also its external quality, certain conditions
must be laid down as to technical purity, quality and grading;
Whereas, in order to ensure the identity of the propagation material,
Community rules must be laid down as regards the separation of
batches, packaging, sealing and marking; whereas to this end the labelsshould give the particulars needed both for official control and for theinformation of the vine grower and should clearly show the Commu-nity nature of the certification;
Whereas, in order to ensure that both the requirements as to the quality
of propagation material and the provisions for ensuring its identity arecomplied with during marketing, the Member Statesmus t make provi-
sion for suitable control arrangements;
Whereas propagation material satisfying these requirements should,
without prejudice to Article 36 of the Treaty, be subject to no
marketing restrictions other than those provided for in Community
rules;
Whereas, until such time as a common catalogue of varieties has been
established, the restrictions allowed should include in particular theright of Member Statesto res trict the marketing of propagation materialto those varieties which are of value for cropping and use in their terri-tory; whereasit isnot appropriate to decide at pres ent whether andsubject to what conditions Member States may prohibit, in whole or
in part, the cultivation of certain varietiesof vine in their territory;
Whereas, subject to certain conditions, propagation material produced
in other Member Statesfrom bas ic material certified in a Member State
should be recognised as equivalent to propagation material produced in
that Member State;
Whereas, during periods in which there are difficulties in obtaining
supplies of certified material of the various categories, or of standardmaterial, propagation material satisfying less stringent requirementsshould temporarily be permitted to be marketed;
Whereas, in order to harmonise the technical methods of certification
and of checking standard material used in the various Member Statesand to enable comparisons to be made in the future between materialcertified or checked within the Community and that coming from thirdcountries, Community tests should be carried out in the Member States
to assess the quality of the different categories of propagation material;
Whereas the Commission should be entrusted with the task of adopting
certain measures for the application of this Directive; whereas, in order
to facilitate implementation of the proposed measures, a procedureshould be provided for establishing close co-operation betweenMember States and the Commission within a Standing Committee onSeedsand Propagating Material for Agriculture, Horticulture andForestry;1968L0193 — EN — 18.04.2004 — 016.001 — 3
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HAS ADOPTED THIS DIRECTIVE:
Article 1
ThisDirective s hall apply to material for the vegetative propagation of
the vine (hereinafter called ‘propagation material’) marketed within theCommunity.
Article 2
1. For the purposes of this Directive, the following definitions shall
apply:
(A)Vines: plantsof the genus Vitis(L.) intended for the production of
grapes or for use as propagation material for such plants.
AA.Variety : a plant grouping within a single botanical tax on of the
lowest known rank, which can be:
(a) defined by the expression of the characters resulting from a
given genotype or combination of genotypes;
(b) distinguished from any other plant grouping by the expression
of at least one of the said characters; and
(c) considered as an entity in view of its ability to be propagated
unchanged.
AB. Clone: a clone isthe vegetative progeny of a variety which istrue
to a vine stock chosen on account of varietal identity, its pheno-
typic charactersand itss tate of health.
(B) Propagating material
(i) Young vine plants
(a) rooted cuttings: ungrafted pieces of rooted vine shoot or
herbaceouss hoot, intended for planting ungrafted or foruse as rootstocks;
(b) rooted grafts: pieces of vine shoot or herbaceous shoot
joined by grafting, the underground part of which is
rooted.
(ii) Partsof young vine plants
(a) vine shoots: one-year shoots;
(b) herbaceous shoots: unlignified shoots;
(c) graftable rootstock cuttings: pieces of vine shoot or
herbaceouss hoot intended to form the underground part
when preparing rooted grafts;
(d) top-graft cuttings: pieces of vine shoot or herbaceous
shoot intended to form the part above ground whenpreparing rooted graftsor when grafting plants in situ;
(e) nursery cuttings: pieces of vine shoot or herbaceous shoot
intended for the production of rooted cuttings.
(C) Stock nurseries: nurseries for the production of rootstock cuttings
for grafting, nursery cuttings or top-graft cuttings.
(D)Cutting nurseries : nurseries for the cultivation of rooted cuttings
or rooted grafts.
DA.Initial propagating material : propagating material
(a) which has been produced under the responsibility of the
grower according to accepted practicesfor the maintenanceof the identity of the variety and, where applicable, of theclone, and for the prevention of diseases;
(b) which isintended for the production of bas ic propagating
material or certified propagating material;
(c) which satisfies the conditions laid down in Annexes I and II
for basic propagating material. These Annexes may be1968L0193 — EN — 18.04.2004 — 016.001 — 4
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amended in accordance with the procedure laid down in
Article 17(2) in order to set additional or more stringentconditionsfor the certification of initial propagating material;
(d) which has been found by official examination to satisfy the
above conditions.
(E)Basic propagating material : propagating material
(a) which has been produced under the responsibility of the
grower according to accepted practicesfor the maintenanceof the identity of the variety and, where applicable, of theclone, and for the prevention of diseases and which is
obtained by vegetative propagation directly from initial propa-
gating material;
(b) which isintended for the production of certified propagating
material;
(c) which satisfies the conditions laid down in Annexes I and II
for basic propagating material; and
(d) which has been found by official examination to satisfy the
above conditions.
(F)Certified material : propagation material
(a) which isobtained directly from bas ic propagating material or
initial propagating material;
(b) which isintended for:
— the production of young plantsor partsof plantsfor us e in
the production of grapes, or
— the production of grapes;
(c) which satisfies the conditions laid down in Annexes I and II
for certified material; and
(d) which has been found by official examination to satisfy the
abovementioned conditions.
(G)Standard material : propagation material
(a) which hasvarietal identity and purity;
(b) which isintended for:
— the production of young plantsor partsof plantsfor us e in
the production of grapes, or
— the production of grapes;
(c) which satisfies the conditions laid down in Annexes I and II
for standard material; and
(d) which has been found by official examination to satisfy the
abovementioned conditions.
(H)Official measures : measures taken
(a) by State authorities; or
(b) by any legal person whether governed by public or by private
law, acting under the responsibility of the State; or
(c) in the case of ancillary activities which are also subject to
State control, by any natural person duly sworn for thatpurpose,
provided that the persons mentioned under (b) and (c) derive no
private gain from such measures.
(I)Marketing :
the sale, holding with a view to sale, offer for sale and any
disposal, supply or transfer aimed at commercial exploitation ofpropagating material to third parties, whether or not for a consid-eration.1968L0193 — EN — 18.04.2004 — 016.001 — 5
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Trade in propagating material not aimed at commercial exploita-
tion of the variety, such as the following operations, shall not beregarded asmarketing:
(a) the supply of propagating material to official testing and
inspection bodies;
(b) the supply of propagating material to providers of services for
processing or packaging, provided that the provider of
services does not acquire title to propagating material thussupplied.
The rules for the application of these provisions shall be adopted
in accordance with the procedure laid down in Article 17(3).
2. Member States may, as a transitional measure, after the entry into
force of the laws, regulations or administrative provisions necessary tocomply with thisDirective, provide that propagation material which
has been used for establishing stock nurseries or cutting nurseries is
equivalent to propagation material certified or checked in accordancewith the provisions of this Directive, if before being so used it affordedthe same assurances as propagation material certified or checked inaccordance with the provisions of this Directive.
Article 3
1. The Member Statess hall require that vine propagating material
may not be placed on the market unless:
(a) it hasbeen officially certified as‘initial propagating material’,
‘basic propagating material’ or ‘certified propagating material’ or,in the case of propagating material not intended for use as root-
stocks, it is officially checked standard material, and
(b) it satisfies the conditions laid down in Annex II.
2. By derogation from paragraph 1, Member Statesmay, asa trans i-
tional measure until 1 January 2005, allow the marketing in their own
territory of standard material intended for use as rootstocks and taken
from parent plantsin exis tence on 23 February 2002.
3. Notwithstanding paragraph 1, Member States may authorise
producerson their own territory to place on the market appropriatequantitiesof propagating material:
(a) intended for trials or for scientific purposes;
(b) for selection work;
(c) intended to help preserve genetic diversity.
The conditions under which Member States may grant such authorisa-
tion may be determined in accordance with the procedure laid down inArticle 17(2).
In the case of genetically modified material, such authorisation may be
granted only if all appropriate measures have been taken to avoid risksto human health and the environment. For the environmental risk
assessment and other checks to be carried out in this respect, Article
5ba shall apply accordingly.
4. In the case of propagating material produced by means of in vitro
propagation techniques, the following provisions may be adopted inaccordance with the procedure laid down in Article 17(2):
(a) derogation from specific provisions of this Directive;
(b) conditionsapplicable to s uch propagating material;
(c) designations that may be used for such propagating material;
(d) conditionsto guarantee that the varietal authenticity hasfirs t been
verified.
5. The Commission, acting in accordance with the procedure laid
down in Article 17(3), may require that, after specified dates, propa-1968L0193 — EN — 18.04.2004 — 016.001 — 6
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gating material other than for use as rootstocks may be placed on the
market only if it hasbeen officially certified as‘initial propagatingmaterial’, ‘basic propagating material’ or ‘certified propagating mate-
rial’:
(a) throughout the Community, in the case of certain vine varieties for
which the Community'sneedscan be covered, taking into accounttheir genetic diversity, if necessary under an establishedprogramme, by propagating material officially certified as‘initialpropagating material’, ‘basic propagating material’ or ‘certifiedpropagating material’, and
(b) in the case of propagating material of varieties other than those
referred to in (a), if intended for use in the territory of MemberStateswhich have already required, in accordance with thisDirec-tive, that ‘standard material’ may no longer be marketed.
Article 4
Member Statesmay, asregardsthe conditionslaid down in AnnexesI
and II, impose additional or more stringent requirements for the certifi-cation of propagation material or the checking of standard materialproduced in their own territory.
This provision shall not apply, in the case of grafting, to propagating
material produced in another Member State or in a third country recog-
nised as equivalent in accordance with Article 15(2).
Article 5
1. Each Member State shall establish a catalogue of the vine vari-
etiesofficially accepted for certification and for checking ass tandardpropagating material in itsterritory. The catalogue s hall be open to
public inspection. The catalogue shall determine the principal morpho-
logical and physiological characters by which the varieties can bedistinguished from one another. For those varieties already acceptedasat 31 December 1971, reference may be made to the des cription inthe official ampelographic publications.
2. Member States shall ensure that varieties and clones accepted into
the cataloguesof the other Member Statesare als o accepted for certifi-
cation and for the checking of standard propagating material in their
own territory, without prejudice to Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market inwine (
1), with regard to the rules for the classification of vine varieties.
3. Each Member State shall also establish, if appropriate, a list of
clonesofficially accepted for certification in itsterritory.
Member States shall ensure that clones accepted for certification in
another Member State are also accepted for certification in their ownterritory.
Article 5a
The Member States shall ensure that no variety is accepted unless it is
distinct, stable and sufficiently uniform.
Article 5b
1. A variety shall be deemed to be distinct if it is clearly distin-
guishable, by reference to the expression of the characteristicsresulting from a particular genotype or combination of genotypes,from any other variety whose existence is a matter of common knowl-edge in the Community.1968L0193 — EN — 18.04.2004 — 016.001 — 7
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A variety shall be deemed to be a matter of common knowledge in the
Community if, on the date on which application isduly made for itsacceptance, it either isentered in the catalogue of the Member State
in question or of another Member State or is the subject of an applica-
tion for acceptance in the Member State in question or in anotherMember State, unless the conditions referred to in the first sentence ofthisparagraph are no longer met in all the Member Statesconcernedbefore a decision is made regarding the application for acceptance of
the new variety being assessed.
2. A variety shall be deemed to be stable if the expression of the
characters which are included in the examination for distinctness, as
well as any others used for the variety description, remains unchangedafter repeated propagation.
3. A variety shall be deemed to be uniform if, subject to the varia-
tion that may be expected from the particular featuresof itspropagation, it is sufficiently uniform in the expression of those char-acters which are included in the examination for distinctness, as well as
any others used for describing the variety.
Article 5ba
1. In the case of a genetically modified variety within the meaning
of points1 and 2 of Article 2 of Directive 2001/18/EC of the EuropeanParliament and of the Council of 12 March 2001 on the deliberate
release into the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (
1), the variety shall be
accepted only if all appropriate measures have been taken to avoidadverse effects on human health and the environment.
2. With regard to genetically modified varietieswithin the meaning
of paragraph 1:
(a) a specific environmental risk assessment equivalent to the assess-
ment provided for in Directive 2001/18/EC and in accordancewith the principles set out in Annex II and on the basis of the infor-mation specified in Annex III of that Directive shall be carried out;
(b) the procedures intended to ensure the equivalence of the specific
risk assessment and other relevant requirements, in particular thoseregarding risk management, labelling, and any monitoring required,public information and a safeguard clause with those established byDirective 2001/18/EC shall be introduced, on a proposal from the
Commission, by a Regulation of the European Parliament and of
the Council. Pending the entry into force of that Regulation, geneti-cally modified varieties shall be accepted for inclusion in a nationalcatalogue only when they have been accepted for marketing inaccordance with Directive 2001/18/EC;
(c) Articles13 to 24 of Directive 2001/18/EC s hall no longer apply to
genetically modified varietiesof vine authoris ed in conformity withthe Regulation referred to in point (b).
3. (a) Where productsderived from vine-propagating material are
intended to be used as or in food falling within the scope ofArticle 3 or asor in a feed falling within the s cope of Article15 of Regulation (EC) No 1829/2003 of the European Parlia-ment and of the Council of 22 September 2003 on genetically
modified food and feed (
2), the vine variety concerned shall be
accepted only if it has been authorised pursuant to the saidRegulation.
(b) Member States shall ensure that a vine variety, from the propa-
gating material of which productswere derived intended for us e
in food and feed pursuant to Articles 2 and 3 of Regulation (EC)
No 178/2002 of the European Parliament and of the Council of28 January 2002 laying down the general principlesand require-1968L0193 — EN — 18.04.2004 — 016.001 — 8
(1) OJ L 106, 17.4.2001, p. 1.
(2) OJ L 268, 18.10.2003, p. 1.▼M13
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ments of food law, establishing the European Food Safety
Authority, and laying down proceduresin mattersof foodsafety (
1) shall be accepted only if it has been authorised
pursuant to the relevant legislation.
Article 5c
Member States shall ensure that varieties and, where applicable, clones
coming from other Member States are subject to the same requirementsas those which apply to domestic varieties or clones, in particular asregardsthe acceptance procedure.
Article 5d
1. The Member Statess hall provide that acceptance of varietiesbe
based on the results of official examinations, particularly growing
trials, covering a sufficient number of characters for the variety to bedescribed. The methods used for determining characters must be exactand reliable.
2. The following shall be fixed in accordance with the procedure
laid down in ►
M11Article 17(2) ◄, account being taken of current
scientific and technological knowledge:
(a) the charactersto be covered asa minimum by the examinations ,
(b) the minimum requirementsfor carrying out the examinations .
3. If it isknown that propagation material of a given variety is
marketed in another country under a different name, that name shallalso be indicated in the catalogue.
Article 5e
1. The varietiesaccepted s hall be officially checked at regular inter-
vals. If any of the conditions for acceptance for certification or
checking is no longer satisfied, acceptance shall be revoked and thevariety deleted from the catalogue.
2. All applicationsor withdrawalsof applicationsfor acceptance of
a variety, entriesin a catalogue of varietiesand amendmentsmade to it
shall immediately be communicated to the other Member States and to
the Commission. On the basis of the notifications from the MemberStates, the Commission shall publish a common catalogue of varieties.
Article 5f
Member States shall ensure that genetically modified varieties which
have been accepted are clearly indicated ass uch in the catalogue ofvarieties. They shall further ensure that any person marketing such avariety clearly indicatesin their vine s alescatalogue that the variety is
genetically modified and states the purpose of the modification.
Article 5g
1. Member Statess hall require that varietiesand, where applicable,
clonesaccepted into the catalogue are maintained by s election for
conservation.
2. Maintenance must always be verifiable on the basis of records
made by those responsible for maintenance of a variety and, whereapplicable, of a clone.
3. Samples may be requested from those responsible for mainte-
nance of a variety. Where necessary, samples may be taken officially.1968L0193 — EN — 18.04.2004 — 016.001 — 9
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4. Where maintenance iscarried out in a Member State other than
that in which the variety wasaccepted, the Member Statesin ques tionshall assist each other administratively as regards control.
Article 7
Member Statess hall provide that, while growing and during lifting, or
removal from the parent vine, packaging, storage and transportation,
propagation material be kept in separate batches and be marked withthe variety and, where applicable, in the case of original propagatingmaterials, basic material and certified material, with the clone.
Article 8
1. The Member Statess hall require that propagation material be
marketed only in sufficiently homogeneous batches and in sealed
packagesor bundlesbearing, aspres cribed in Articles9 and 10, asealing device and markings. Packaging shall comply with the provi-sions of Annex III.
2. By way of derogation from paragraph 1 asregardspackaging,
sealing and marking, the Commission shall determine, in accordance
with the procedure laid down in Article 17(2), the provisions applicableto the sale of small quantities to final consumers and also to marketvines in pots, crates or boxes.
Article 9
Member Statess hall require packagesand bundlesof propagating
material to be sealed officially or under official supervision in such a
manner that they cannot be opened without damaging the seal or
without the official label referred to in Article 10(1) or, in the case ofpackaging, the packaging showing signs of tampering. To ensureproper sealing, the sealing device must comprise at least either the offi-cial label or an official seal. A decision may be taken in accordancewith the procedure laid down in Article 17(2) asto whether a s pecific
sealing device meets the requirements of this Article. Further sealing
may take place only officially or under official supervision.
Article 10
1. The Member Statess hall require that an official label in one of
the official languagesof the Community, conforming to the s pecifica-tion in Annex IV, be affixed on the outside of packages and bundles ofpropagating material by meansof the s ealing device. The colour of the
label shall be white with a diagonal violet stripe for initial material,
white for basic material, blue for certified material and dark yellowfor standard material.
2. However, Member Statesmay authoris e producersin their terri-
tory to market more than one package or bundle of grafted or rootedvines with the same characteristics, using a single label conforming to
the specification in Annex IV. In such cases, the packages or bundles
shall be attached together in such a way that the attachment is damagedon separation and can no longer be put back. The label shall be affixedby means of the attachment. No resealing shall be authorised.
3. Without prejudice to Article 23(2) of Regulation (EC) No 1493/
1999, Member Statesmay require that each delivery of material
produced within their territoriesals o be accompanied by a uniform
document featuring the following particulars inter alia : the nature of
the goods, the variety and, where applicable, the clone, the category,quantity, consignor and recipient. The conditions to be set regardingthis accompanying document shall be established according to theprocedure provided for under Article 17(3) of thisDirective.1968L0193 — EN — 18.04.2004 — 016.001 — 10
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4. The official label provided for under paragraph 1 may also
include the phytosanitary accompanying documents, provided for inCommission Directive 92/105/EEC (
1), which establishes a degree of
standardisation for plant passports. However, all of the conditions
applicable to the official labelling and plant passports are defined andmust be recognised as equivalent.
5. Member States shall prescribe that the official labels must be
preserved by the recipient of the material for the vegetative propaga-
tion of the vine for at least one year and made available to theofficial control authority.
6. By 23 February 2004, the Commission shall draw up a report,
together with proposals, if appropriate, on the movement of material
for the propagation of the vine and in particular on the use of official
labelsand the accompanying documentsintroduced by the MemberStates.
Article 10a
In the case of propagating material of a variety which has been geneti-
cally modified, any label and document, official or otherwise, which isaffixed to or accompaniesthe batch of material under thisDirectiveshall clearly indicate that the variety has been genetically modifiedand shall name the genetically modified organisms.
Article 11
►
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propagation material ispres erved, from the time of itslifting, or its
removal from the parent vinesuntil itsdelivery to the final cons umer,
by a system of official controls laid down or approved by them. Theyshall make suitable arrangements for propagation material to be offi-cially controlled during marketing, at least by check sampling, asregardsitscompliance with the requirementsof thisDirective.
2. Without prejudice to the free movement of material within the
Community, Member States shall take all necessary measures to ensure
that the competent authoritiesare s upplied with the following particu-
larsduring the marketing of propagating material imported from a thirdcountry:
(a) species (botanical name);
(b) variety and, where applicable, clone; in the case of rooted grafts,
such information shall apply both to the rootstock and to the top-graft cutting;
(c) category;
(d) nature of propagating material:
(e) country of production and official control authority;
(f) country of despatch, if different from the country of production;
(g) importer;(h) quantity of material.
The manner in which these particulars are to be presented may be
determined in accordance with the procedure laid down in Article17(2).
Article 12
Member States shall ensure that propagating material marketed in
accordance with thisDirective, under either compuls ory or optionalrules, is not subjected to any marketing restrictions as regards its char-1968L0193 — EN — 18.04.2004 — 016.001 — 11
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acteristics, examination arrangements, marking and sealing other than
those laid down in this Directive.
Article 12a
Member States shall ensure that propagating material of vine varieties
and, where applicable, clones, which have been officially accepted inone of the Member Statesfor certification and for checking ass tandardpropagating material in accordance with thisDirective, are notsubjected to any marketing restrictions in their territory based on
variety, and, where applicable, clone, without prejudice to Regulation
(EC) No 1493/1999.
Article 13
The Member Statess hall provide that propagation material which is
obtained directly from basic material certified in one Member Stateand grown in another Member State may be certified in the State whichproduced the basic material if the propagation material has undergonefield inspection satisfying the conditions laid down in Annex I and if
official examination hass hown that the conditionslaid down in Annex
II are satisfied.
Article 14
1. In order to eliminate any temporary difficultiesin the s upply of
propagating material in the Community that cannot be overcome inany other way, a decision may be taken in accordance with the proce-dure laid down in Article 17(2) that Member States should authorise,for a specified period, the marketing throughout the Community's terri-
tory of such quantity of propagating material of a category satisfying
less stringent requirements as is needed to overcome the difficulties.
2. For a category of propagation material of any given variety, the
colour of the label shall be that provided for the corresponding cate-gory; in all other cases it shall be brown. The label shall always statethat the propagation material in question is of a category satisfying lessstringent requirements.
3. Rulesfor the application of paragraph 1 may be adopted in accor-
dance with the procedure laid down in ►
M11Article 17(2) ◄.
Article 14a
For the purpose of seeking better alternatives to certain provisions of
thisDirective, it may be decided, in accordance with the procedurelaid down in Article 17(3), to organise temporary experiments under
specified conditions at Community level.
Article 15
1. This Directive shall not apply to propagation material shown to
be intended for export to third countries.
2. (a) On a Commission proposal the Council, acting by qualified
majority, shall determine whether material for the vegetativepropagation of the vine produced in a third country offers, asregardsthe conditionsfor itsacceptance and the meas urestakento ens ure itsproduction with a view to itsmarketing, the s ameguaranteesasmaterial produced in the Community and meets
the requirementsof thisDirective.
(b) Furthermore, the Council shall determine the types of material
and the categoriesof material for the vegetative propagation of1968L0193 — EN — 18.04.2004 — 016.001 — 12
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the vine that may be admitted to marketing within the territory
of the Community under point (a).
(c) Until the Council has taken a decision pursuant to point (a) and
without prejudice to Council Directive 2000/29/EC of 8 May2000 on protective measures against the introduction into theCommunity of organisms harmful to plants or plant products
and against their spread within the Community (
1), the Member
States may be authorised to take such decisions in accordancewith the procedure laid down in Article 17(2). When doing so,they shall ensure that the material to be imported offers guaran-tees equivalent in every respect to those offered by material forthe vegetative propagation of the vine produced in the Commu-
nity in accordance with thisDirective. Such imported material
shall in particular be accompanied by a document setting outthe particularspres cribed in Article 11(2).
Article 16
1. Community comparative tests and trials shall be carried out
within the Community for the post-control of samples of vine propaga-
tion material placed on the market under the provisions of this
Directive, whether mandatory or discretionary, including those relatingto plant health and taken during sampling. The comparative tests andtrialsmay include the following:
— propagation material produced in third countries,
— propagation material suitable for organic farming,
— propagation material marketed in relation to measures intended to
help preserve genetic diversity.
2. These comparative tests and trials shall be used to harmonise the
technical methods of certification and to check satisfaction of theconditionswith which the propagation material mus t comply.
3. The Commission, acting in accordance with the procedure
referred to in Article 17, shall make the necessary arrangements for
the comparative tests and trials to be carried out. The Commission shall
inform the Committee referred to in Article 17 about the technicalarrangements for holding the tests and trials and the results thereof.When plant health problems occur, the Commission shall notify theStanding Committee on Plant Health.
4. The Community may make a financial contribution to the perfor-
mance of the tests and trials foreseen in paragraphs 1 and 2.
The financial contribution shall not exceed the annual appropriations
decided by the budgetary authority.
5. The tests and trials which may benefit from a Community finan-
cial contribution, and detailed rulesfor the provis ion of the financialcontribution, shall be established in accordance with the procedurelaid down in Article 17.
6. The tests and trials foreseen in paragraphs 1 and 2 may be
performed only by State authoritiesor legal pers onsacting under theresponsibility of the State.
Article 16a
The measures necessary for the implementation of this Directive with
regard to the matters contained in the provisions referred to below shall
be adopted in accordance with the management procedure laid down in
Article 17(2):
— Article 2(1)(DA)(c), Article 3(3), Article 8(2), Article 9, Article
11(2), Article 14(1) and Article 15(2)(c).1968L0193 — EN — 18.04.2004 — 016.001 — 13
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Article 16b
The measures necessary for the implementation of this Directive with
regard to the matters contained in the provisions referred to below shallbe adopted in accordance with the regulatory procedure laid down inArticle 17(3):
— Article 2(1)(I), Article 3(5), Article 10(3) and Article 14a.
Article 17
1. The Commission shall be assisted by the Standing Committee on
Seedsand Propagating Material for Agriculture, Horticulture and
Forestry (hereinafter referred to as the ‘committee’).
2. Where reference ismade to thisparagraph, Articles4 and 7 of
Council Decision 1999/468/EC of 28 June 1999 laying down the proce-
duresfor the exercis e of implementing powersconferred on the
Commission (
1) shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.
3. Where reference ismade to thisparagraph, Articles5 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
two months.
4. The committee shall adopt its rules of procedure.
Article 17a
Any amendmentsto be made to the Annexesto the development of
scientific knowledge or techniques shall be decided upon in accordance
with the procedure laid down in ►M11Article 17(2) ◄.
Article 18
This Directive shall be without prejudice to the provisions of national
lawsjus tified on groundsof the protection of health and life of
humans, animals or plants or the protection of industrial and commer-cial property.
Article 18a
In accordance with the procedure laid down in ►
M11Article
17(2)◄, a Member State may, if it so requests, be wholly or partially
released from the obligation to apply this Directive with the exception,however, of Articles12 (1) and 12a, in s o far asthe growing of vinesand the marketing of propagation material are of minimal economic
importance in itsterritory.
Article 18b
ThisDirective s hall be without prejudice to Council Regulation (EEC)
No 234/68 (
2) of 27 February 1968 on the establishment of a common
organisation of the market in live trees and other plants, bulbs, rootsand the like, cut flowersand ornamental foliage.1968L0193 — EN — 18.04.2004 — 016.001 — 14
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ No L 55, 2.3.1968, p. 1.▼M2
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Article 19
The Member Statess hall, not later than 1 July 1969, bring into force
the measures necessary to comply with this Directive and shall forth-
with inform the Commission thereof.
The Federal Republic of Germany ishereby authorized to comply, in
respect of the territory of the former German Democratic Republic,with Article 3 (1) at a date later than that referred to above, but notlater than 1 January 1995.
The Federal Republic of Germany shall ensure that the material in
respect of which it applies this authorization is not introduced into
partsof the Community other than the territory of the former German
Democratic Republic unless it is established that the provisions of thisDirective are complied with.
Article 20
The Directive is addressed to the Member States.1968L0193 — EN — 18.04.2004 — 016.001 — 15
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ANNEX I
CONDITIONSRELATINGTOTHEGROWINGCROP
I.General conditions
1. The crop shall have varietal identity and purity.
2. The cultural condition of the plantation and the stage of development of
the plants shal be such as to permit varietal identity and purity to be
adequately checked.
3. The greatest care shall be taken to ensure that the soil in which stock and
cutting nurseries intended for the cultivation of basic material or certified
material are planted isnot infected with ►M3harmful organisms or
their vectors, in particular nematodes which carry virus diseases ◄.
4. Harmful organisms which reduce the usefulness of the propagation mate-
rial shall be at the lowest possible level.
5. Harmful virus diseases, especially grapevine fanleaf and leaf roll, must be
eliminated from cropsintended for the production of bas ic material.
Cropsintended for the production of propagation material of the other
categories shall be kept free from plants showing symptoms of harmful
virus diseases.
6. The failure rate attributable to harmful organisms shall not exceed:
— 5 % in stock nurseries intended for the production of certified propa-
gation material, and
— 10 % in stock nurseries intended for the production of standard propa-
gation material.
If failurescan be as cribed to other than plant health factorsand if the
failure rate exceeds the abovementioned percentages, these reasons shall
be entered in the file.
7. There shall be at least one crop inspection each year; a second crop
inspection shall be carried out in cases of disputes on matters which can
be decided without prejudice to the quality of the propagation material.
II.Specialconditions
1. Cutting nurseries shall not be established within, or within a few metres
of, vineyardsfor the production of fruit.
2. The partsof vine plantsus ed for the production of rooted cuttingsand
rooted grafts shall be taken from stock nurseries which have been
inspected and approved.1968L0193 — EN — 18.04.2004 — 016.001 — 16
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ANNEX II
CONDITIONSRELATINGTOPROPAGATIONMATERIAL
.General conditions
1. Propagation material shall have varietal identity and purity; a 1 % toler-
ance shall be accepted for the marketing of standard material.
2. Minimum technical purity: 96 %.
The following shall be regarded as technically impure:
(a) wholly or partly desiccated propagation material, even when it has
been steeped in water after desiccation;
(b) damaged, bent or injured propagation material, in particular when
damaged by hail or frost or when crushed or broken.
3. Harmful organisms which reduce the usefulness of the propagation mate-
rial shall be at the lowest possible level.
II.Specialconditions
1. Rooted grafts:
Rooted grafts consisting of basic material grafted on to basic material or
of basic material grafted on to certified material shall be classified as
basic material. Rooted grafts consisting of certified material grafted on
to basic material or of certified material grafted on to certified material
shall be classified as certified material. All other combinations shall be
classified as standard material.
2. Partsof young vine plants :
The vine shoots shall have reached an adequare state of maturity of the
wood. The ‘wood/pith’ ratio shall be normal for the variety.
III.Grading
1. Rootstock cuttings for grafting, nursery cuttings and top-graft cuttings:
A.Diameter
This shall be measured at the widest point of the top cross-section.
(a) Rootstock cuttings for grafting and top-grafting cuttings:
(aa) top diameter:
(i)Vitis rupestris and its crossing with Vitis vinifera ,6t o
12 mm;
(ii) other varieties, 6·5 to 12 mm;
the number of shoots with a diameter of not more than
7 mm, in the case of Vitis rupestris and its crossings
withVitis vinifera , and not more than 7·5 mm, in the
case of other varieties, shall not exceed 25 % of the
batch;
(bb) maximum butt-end diameter, 14 mm except in the case of
top-graft cuttings for grafting plants in situ. The cut shall
be made at least 2 cm below the lowest eye.
(b) Nursery cuttings:
minimum top diameter: 3·5 mm.
B.Length
(a) Rootstock cuttings for grafting: minimum length from the lowest
part of the lowest node taking into account the uppermost inter-
node, 1·05 m;
(b) Nursery cuttings: minimum length from the lowest part of the
lowest node taking into account the uppermost internode, 55 cm,
in the case of Vitis vinifera, 30 cm;
(c) Top-graft cuttings:
— with five usable eyes, minimum length from the lowest part
of the lowest node taking into account the uppermost inter-
node, 50 cm,1968L0193 — EN — 18.04.2004 — 016.001 — 17
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— with one usable eye, minimum length 6·5 cm; the cut shall be
made at a minimum distance of 1·5 cm above the eye and
5 cm below the eye.
2. Rooted cuttings
A.Diameter
The diameter, measured at the middle of the internode immediately
under the extension growth and along the longest axis shall be not
less than 5 mm.
B.Length
The distance from the lowest point at which roots emerge to the base
of the extension growth shall be not less than:
(a) for rootstocks, 30 cm;
(b) for other rooted cuttings, 22 cm.
C.Roots
Each plant shall have at least three well-developed and well-spaced
roots. However, the 420 A variety may have only two well-developed
roots, provided that they are on opposite sides.
3. Rooted grafts
(a) the stem shall be at least 20 cm long;
(b) roots: each plant shall have at least three well-developed and well-
spaced roots. However, the 420 A variety may have only two well-
developed roots, provided that they are on opposite sides.
(c) union: each plant shall have an adequate, regular and secure union.1968L0193 — EN — 18.04.2004 — 016.001 — 18
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ANNEX III
PACKAGING
Composition of packages or bundles:
Type Number
1. Rooted grafts25 ►M6or, where plastic bags of
equivalent packagesare us ed, 50 or
100, it being understood that the
provisions of Article 10 (1a) do not
apply thereto ◄
2. Rooted cuttings50 ►M6or, where plastic bags of
equivalent packagesare us ed, 100, it
being understood that the provisions
of Article 10 (1a) do not apply
thereto◄
3. Top-graft cuttings
— with five usable eyes 100 or 200
— with one usable eye 500 or a multiple thereof
4. Rootstock cuttings for
grafting200
5. Rootstock nursery
cuttingsand Vitis
vinifera nursery
cuttings200 or 500
6. Other nursery cuttings 2001968L0193 — EN — 18.04.2004 — 016.001 — 19
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ANNEX IV
LABEL
A.Requiredinformation
(a) 1. ‘EEC standards’.
2. Name and address of the person responsible for sealing or his identi-
fication number.
3. Authority responsible for certification or checking and Member State.
4. Reference number of batch.
5. Variety and, where appropriate, the clone (for rooted grafts, the
clones of the rootstocks and the top-graft cuttings).
6. Category.
7. Country of production.8. Quantity.
9. Length — for rootstock cuttings for grafting if a Member State grants
derogationsfrom the rulesrelating to minimum lengths(Article 3
(3)).
(b) In the case of ‘Rooted cuttings’ and ‘Rooted grafts’ the particulars
referred to in Items1, 2, 5, 6 and 7 of (a) are s ufficient.
B.Additional information allowed for basic propagation material and for
certified propagationmaterial
‘The basic material/the materials of a vegetative stage prior thereto have
been tested by … (authority) and have been confirmed free of … (virus
disease) according to … (test method)’.
For basic propagation material and for certified propagation material this
information can refer to leafroll and fan-leaf and in the case of root stock
also to mottling. The tests must be officially recognized. They must have
been carried out over a period of at least three years by a officially recog-
nized and controlled authority.
The following test methods may be applied:
— for all virus diseases the indexing methods in the case of vine plants;
— for fan-leaf, in addition to the preceding methods, the indexing method
in the case of herbaceous plants, and also the serology method.
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(a) 110 × 67 mm for rootstock cuttings for grafting, top-graft cuttings and
nursery cuttings;
(b) 80 × 70 mm for rooted cuttingsand rooted grafts .1968L0193 — EN — 18.04.2004 — 016.001 — 20
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