l*»*^ • 
.^SE. COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 418 final 
Brussels, 31 October 1991 
Anended proposal for a 
COUNCIL REGULATION (EEC) 
OD tSoB wKtkobivg of oocnanental plant propag&tix£ 
VB^BOCJJBLL SZU oniwftnintffltl uLostss 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
EXPLANATORY MBCRâNDDM 
Ht its session of 11th July 1991, tbe European Parliament delivered its 
opinion on tbe Commission proposal contained in document O0H(89) 650-final, 
oonoernlng a proposal for a Oounoil Regulation on tbe marketing of 
ornamental plant propagating material and ornamental plants^). 
The present amended proposal takes into account amendments suggested by the 
European Parliament on vhich the Oomoission has taken a favourable 
position. 
(1) 0JN0C52, 3.3.1990, p. 16. 
- 2 -
Amended proposal for a 
Council Regulation on the marketing of ornamental plant propagating 
Travfryriflii and ornamental plants 
In response to the opinion delivered by the European Parliament CD on the 
proposal for a Council Regulation sent by the Commission to the Council on 
21 December 1989 on the marketing of ornamental plant propagating material 
and ornamental plants, and in accordance with the third paragraph of 
Article 149 of the Treaty establishing the European Economic Community, the 
Commission has decided to amend the aforementioned proposals as follows: 
1. The eighth recital is amended as follows: 
Whereas, without préjudice to the health provisions laid down in 
Direotive 77/93/EBC. it is not appropriate to apply the Community rules 
to propagating material and ornamental plants shown to be intended for 
export to third countries, as the rules applicable there may be 
different from those contained in this Regulation; 
2. The twelfth recital Is amended as follows: 
whereas, although it would be desirable to restrict marketing of 
propagating material and ornamental plants to those meeting the 
abovementioned standards, this is at present impossible as Community 
demand could not then be satisfied; whereas, therefore, for 
transitional periods only, the marketing of examined classified 
material having sufficient varietal identity and varietal purity and 
meeting less stringent plant health standards pr^VM be allowed; 
whereas, for similar reasons, for transitional periods only, the 
marketing of standard material (flower seed) should be allowed; 
(1) OJ No C 240, 16.9.1991, p. 197. 
- 3 -
3. Article 1(2): is amended as follows: 
2. The following genera and speoles shall be subject to the rules laid 
down in Articles 3 to 13, 14(2), 15 to 19 and 23: 
- Acer pseudoplatanns L. (sycamore) 
- Begonia x hiemalis Fotsoh (ELatior begonia) 
Chrysanthemum (chrysanthemum) 
- TV^HA. (TYfrHa.) (propagated through puttings) 
- TH flffvKh"p (carnation) 
Fraxinus excelsior L. (ash) 
Fuchsia (fuchsia) 
- Gerbera (gerbera) 
- Gladiolus 
- IAlium (lily) 
- Mftn« («pple) (ornamental) 
- Narcissus (narcissus) 
- Nerium oleander L. (oommon oleander) 
Pelargonium x domestioum (propagated through cuttings) 
Pelargonium x hederaef olium (propagated through cuttings) 
- Pelargonium x hortorum (propagated through cuttings) 
Pelargonium peltatum hort. non (L.) L'Herit, ex Ait, and 
hybrids 
Pelargonium zonale hort. non (L.) L'Herit. ex Ait, and hybrids 
Phoenix oanarlensis 
Pinus nigra Arnold 
Populus (poplar) 
Prunus (cherry) (ornamental) 
Pyrus (pear) (ornamental) 
- Rosa (rose) 
- Thuja occidental Is L. (white oedar) 
- *r','l1rft (+!»'H,P) 
Rootstooks of other genera or species should also be subject to the 
abovementioned rules if material of one of the above genera or 
species is grafted onto them. 
- 4 -
4. Article 2 is amended as follows: 
This Regulation shall not apply to ornamental plant propagating 
material or ornamental plants shown to be intended for export to third 
countries, without prejudice to the health rules laid down in Direotive 
77/93/EHC. 
5. Article 3(a) is amended as follows: 
a) Propagating material: seeds and all plant material or parts of 
plants permitting the propagation and production of ornamental 
plants. Flowering bulbs, conns and tubers are also subject to 
Council Regulation (EEC) No 318/68 of 12 March 1968 fixing quality 
standards. 
©• Article 3(b) is amended as follows: 
b) Ornamental plants: plants or parts of plants obtained directly from 
propagating material and intended, after marketing, to be used for 
ornamental purposes, with the exception of fresh cut flowers and 
ornamental foliage, which are subject to Council Regulation (EHC) 
No 318/68 of 12 March 1968 fixing quality «^TV^-MA 
7. Article 3 - a new paragraph (da) is added after paragraph (d) as 
follows: 
(da) ft+fl^ft™* material: flower seed 
i) which possesses sufficient varietal identity and varietal 
purity: 
il) which is intended for the production of ornamental plants 
or out flowers or leaves: 
MI} vfhirto «a*isfles the conditions for standard material laid 
down in the Schedule for the genus or species concerned 
established pursuant to Article 4; 
- 8 -
lv) which has been found by an offloial examination carried 
out by a publio body or other authorized agents acting by 
delegation of that body and under its supervision, to 
satisfy the abovementloned conditions Insofar as they 
imply the absence of the harmful organisms specified in 
Direotive 77/93/EBC; 
v) in respect of which no anomaly has been detected as 
regards the remaining conditions at the time of the 
official examination; 
vi) which is submitted for official a posteriori spot checks 
to ensure its varietal identity and varietal purity. 
8. Article 3 - a new paragraph (db) is added after the new paragraph (da) 
as follows: 
(db) Certified propagating material: propagating material 
I) which has been obtained directly from propagating stock; 
II) which satisfies the conditions for certified propagating 
material laid down in the Schedule for the genus or 
species concerned, establ 1 shal pursuant to Article 4. and 
ill) which has been found by official examination to satisfy 
the abovementloned conditions. 
9. Article 3(g) is amended as follows: 
g) Measures are "official" if taken by the competent national 
authority or by other publio or private sector agents acting by 
delegation from that authority and/or under its supervision for 
that purpose. 
10. Article 8(1) - a new second subparagraph is added as follows: 
However, suppliers whose activity in this conneotion is confined to the 
simple distribution of propagation material and ornamental plants 
produced and packaged on premises other than their own shall be exempt 
from the requirement to keep records. 
- 6 -
11. Article 6(1) is amended as follows: 
1. Propagating material shall not be placed on the market 
unless it satisfies the relevant conditions laid down in the 
Schedule for the genus or species concerned established 
pursuant to Article 4, 
unless it has been officially certified as 'nuclear stock' or 
'propagating stock' or as 'certified propagating material' or. 
in tbe case of flower seed, has been classified as 'standard 
material'. and 
12. A new Article 7a is added after Article 7 as follows: 
Under the procedure laid down in Article 20 It may be provided that 
after specifio dates flower seed of certain speoles may not be placed 
on the market unless It has been officially certified as "nuclear 
stock". "propagating stock" or "oertifled propagating material". 
13. Article 18(1) is amended as follows: 
1. If, during the official examinations referred to in Article 3 or 
7(l)(o), the official control referred to in Article 17 or the 
trials referred to in Article 19, it is repeatedly found that 
propagating material or ornamental plants marketed by a particular 
supplier do not comply with the requirements and conditions of this 
Regulation, the Member State concerned shall ensure that for a 
specified period the supplier is forbidden to market propagating 
material or ornamental plants. The Gommi»*"" «^"n ensure the 
correct application of the bans and penalties provided for. 

ISSN 0254-1475 
COM (91) 418 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-459-EN-C 
ISBN 92-77-76716-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg