É8K COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 414 final 
Brussels, 25 October 1991 
IjpflKii Amended proposal for a 
COUNCIL REGULATION (EEC) 
VÉ&sjfes 'H*$« on the marketing of fruit plant propagating 
material and fruit plants intended for fruit production 
(presented by the Commission pursuant to Article 149(3) 
of the EEC Treaty) 
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EXPLANATORY MEMORANDUM 
At its session of 11 July 1991, the European Parliament delivered its opinion 
on the Commission proposal contained in document C0M(89)651 Final, concerning 
a piopoaaI for a Council Regulation on the marketing of fruit plant 
propagating material and fruit plants intended for fruit production<1). 
The present amended proposal takes into account amendments suggested by the 
European Parliament on which the Commission has taken a favourable position. 
(1) OJ No C 54, 6.3.1990, p. 5. 
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Amended proposal for a 
COUNCIL REGULATION (EEC) 
on the marketing of fruit plant propagating 
material and fruit plants intended for fruit production 
In response to the opinion delivered by the European Par IiamentC) on the 
proposal for a Council Regulation sent by the Commission to the Council on 
21 December 1989 on the marketing of fruit plant propagating material and 
fruit plants intended for fruit production, 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 proposal as 
fol lows : 
1 • The seventh recital is amended as follows : 
Whereas, without prejudice to the health provisions laid down in Directive 
77/93/EEC it is not appropriate to apply the Community rules to propagating 
material and fruit 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. Article 1(2). first subparagraph, indents are amended as follows : 
- Citrus sinesis Osbeck (orange) 
- Citrus limon (lemon) 
- Citrus reticulaxa (mandarin) 
- Citrus paradisi (grapefruit) 
- Citrus aurantifolia (lime) 
- Corylus avellana L. (hazel) 
(1) OJ No C 240, 16.9.1991, p. ^03. 
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- Fragaria x ananassa Duch (strawberry) 
- Jug I ans régi a L. (walnut) 
- Malus sylvestris Mill (apple) 
- Prunus amygdalus Batsch (almond) 
- Prunus armeniaca L. (apricot) 
- Prunus avium L. (sweet cherry) 
- Prunus cerasum (sour cherry) 
- Prunus domestica L. (plum) 
- Prunus persica (L.) Batsch (peach) 
- Pyrus communis L. (pear) 
3. Article 2 is amended as follows : 
This Regulation shall not apply to fruit plant propagating material or 
fruit plants shown to be intended for export to third countries, wi thout 
prejudice to the health rules laid down in Directive 77/93/EEC. 
4. Article 3(g) is amended as follows : 
(g) Measures are 'official' if taken by the competent national authority 
or by other public or private sector agents acting by delegation from 
that authority and/or under its supervision for that purpose. 
5. Article 18(1) is amended as follows : 
1. If, during the official examinations referred to in Article 3 cr 
Article 7(1)(c), the official control referred to in Article 17 or the 
trials referred to in Article 19, it is repeatedly found that 
propagating material or fruit plants marketed by a particular supplier 
do not comply with the requirements and conditions of this Régulai ion, 
the Member State concerned shall ensure that for a specifier: pc."io;j the 
supplier is forbidden to market propagating material or :ull ; *rnts. 
The Commission shall ensure the correct applicat ion of * h à J ; n ç ^ n^, 
penalties provided for. 
ISSN 0254-1475 
COM(91)414final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-458-EN-C 
ISBN 92-77-76707-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg