Opinion of the Economic and Social Committee on the "Proposal for a Council Directive amending Directive 68/193/EEC on the marketing of material for vegetative propagation of the vine"

(2000/C 268/11)

On 18 February 2000 the Council asked the Economic and Social Committee, under Article 37 of the Treaty establishing the European Community, for an opinion on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was instructed to prepare the Committee's work on the subject, adopted its opinion on 21 June 2000. The rapporteur was Mr Sabin.

At its 374th plenary session held on 12 and 13 July 2000 (meeting of 13 July), the Economic and Social Committee (ESC) adopted the opinion set out below, with 65 votes in favour and one abstention.

1. Introduction

1.1. The ESC welcomes the proposed amending Directive, subject to the comments listed below. It follows with interest the development of rules on the possible use of biotechnologies, particularly in the wine-growing sector. The production of material for the vegetative propagation of the vine is the first stage in the wine-growing process. The ESC highlights the strong cultural connotation of wine in the EU Member States. This being the case, the ESC urges that application of the new principles of health safety policy take account of the specific features of this sector.

2. Background and the main changes introduced by the proposal

2.1. Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine was introduced into Community legislation in 1968 and has been amended several times, particularly on the occasion of the accession of new Member States. The proposed changes relate purely to the text of the Directive; the amendment of the annexes is referred to in the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry.

2.2. In the wine-growing sector, national exemptions in respect of the marketing of material for the vegetative propagation of the vine are currently designed to improve implementation of the vineyard quality policy. Possible exemptions thus relate to marketing:

- previously existing propagating materials intended for use in basic propagating materials,

- propagating materials intended for trials and rootstock cuttings.

2.2.1. Admission of varieties and certification of propagating materials are a matter of national responsibility. The Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry is responsible for:

- setting minimum conditions for admitting varieties (determination of assessment criteria),

- stipulating labelling arrangements and sealing batches,

- validating methods for improving the certification of propagating materials.

2.3. The Commission has for several years been working to harmonise the various Community rules governing the marketing of seeds and agricultural, horticultural and forestry plants.

2.4. The main proposals put forward by the European Commission relate to the introduction of new vegetative propagation techniques (micro-propagation, use of herbaceous cuttings), the removal of national exemptions in respect of the marketing of "initial" propagating materials and taking account of Directive 90/220/EEC on the deliberate release of genetically modified organisms into the environment.

2.5. In putting forward its proposed amendment to Article 3(2) of Directive 68/193/EEC, the European Commission is promoting the goal of preserving genetic diversity. The Committee gives its support to the proposed amendment, which would help maintain biodiversity. It urges the Commission to take all the necessary measures in this field to ensure that appropriate rules are applied.

3. General comments

3.1. The updating of this Directive has a two-fold objective: to flesh out the single market rules for vine propagating materials and to take account of the provisions of the Directive on the deliberate release of genetically modified organisms (GMOs). The ESC notes that, despite the many amendments, there is no official consolidated version of Directive 68/193/EEC and points out that it should be possible to update Directives on the basis of consolidated legislation.

A sizeable economic sector

3.2. First of all, the ESC supports this necessary initiative for a significant economic sector. In 1998, wine accounted for 6.6 %, in terms of value, of the Community's total agricultural output(1). Similarly, the trade balance for the wine-growing sector is largely in surplus, accounting for almost half of the surplus in the EU's trade balance for agricultural products in 1998.

3.2.1. Consequently, the proposals for the marketing of vine propagation materials could have a sizeable economic impact on the wine-growing sector as a whole.

3.2.2. In Europe, the estimated surface area(2) of rootstock parent vines was 5700 ha and 4200 for slips of parent vines in 1999. Annual production of grafts is estimated at in excess of 400 million plants. There are no available data for the turnover of the sector or the percentage of EU production exported to non-EU states. However, the turnover of the vine plant sector could be estimated at some EUR 500 million (the average price of a plant being EUR 1.21).

3.2.3. In response to this initial assessment and although the proposal has no impact on the Community budget, the ESC suggests that a report be compiled on the state of the European market in materials for the vegetative propagation of the vine. Such a report would help to improve understanding of the objective being pursued and to identify the critical stages in the marketing of vine plants.

3.2.4. The ESC draws attention to the fact that under Article 2 of consolidated Regulation No. 357/79(3) all Member States are to present an overall survey to the Commission every ten years and an intermediate survey every year. In view of the delays in submission of data by the Member States, the ESC calls upon the Commission to ensure proper implementation of this Regulation in order to secure the information from the Member States and urges it, where appropriate, to take the requisite measures to achieve this goal.

Use of GMOs in vines

3.3. The European Commission proposes incorporating the provisions of Directive 90/220/EEC on the deliberate release of GMOs into the environment into Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine. This proposal should be supported. However, the ESC points out that Directive 90/220/EEC is currently being amended so as to take more effective account of the risks associated with the use of GMOs. Furthermore, concerns over the conditions governing the vertical incorporation of Directive 90/220/EEC were already expressed by the ESC in its Opinion No. CES 1117/98 of 10 September 1998.

3.3.1. In the ESC's view the proposed amendment should thus not relate solely to Directive 68/193/EEC. The European Commission should also submit technical guidelines in respect of GMOs. There should be a broader consultation of the various European Commission departments in order to enable all the aspects concerned to be taken into account.

3.3.2. The ESC notes that the Scientific Committee has not presented any report on research into genetically modified vines despite progress in this research. Intensification of research in this field also results in these types of materials being circulated within the EU. The ESC urges the European Commission to carry out an EU-wide study of this subject without delay and to report on lines of research in third countries.

3.3.3. A non-exhaustive stocktaking(4) of scientific research on genetically modified vines in Europe and throughout the world has demonstrated that the main development priorities are currently resistance to viruses, funguses, cryptogamic parasites, bacteria and phytoplasms. It seems that world-wide fewer than 25 experimental trials(5) were carried out on vines between 1986 and 1997.

3.3.3.1. The aim of these lines of research is to combat the development of certain diseases affecting the plot yield and the quality of the grapes produced. These diseases are currently combated by chemical treatment (funguses, cryptogams and pests) or by grubbing the vines.

3.3.3.2. In the case of this type of research, the advantages of GMOs can be measured in terms of cost/benefit for the environment (preservation of biodiversity) and consumer safety (presence of residues); savings in treatment are also financially advantageous to producers.

3.3.3.3. However, new lines of research are being developed with the aim of bringing about physiological changes, for example to limit the oxidation of musts or boost the yield of sugar production. This could bring about major changes to the characteristics of wine or a relocation of production. In Australia(6) there are plans to market genetically modified vines within seven to fifteen years. The question of genetically modified vines is therefore not just a European issue.

3.3.3.4. The ESC considers that the subject of the use of GMOs in the wine-growing sector could become a real issue in the medium term within the EU and in its trade relations with third countries. The vertical incorporation of Directive 90/220/EEC should therefore involve:

- defining the compatibility between the use of GMOs and wine-quality policy and how the use of GMOs can be brought into line with the common organisation of the wine market;

- examining the pros and cons of the changes brought about by gene transfer;

- defining the process of authorising the marketing of genetically modified vines;

- making provision for traceability in respect of the dissemination of these types of vegetative materials.

Evaluation of genetically modified vines

3.4. In view of the varied development of these biotechnologies, the ESC welcomes the Commission's initiative to plan ahead as regards the commercial use of GMOs in wine-growing. However, it stresses the need for the Commission also to learn the lessons from the way in which the first dossiers were handled regarding maize and consumer and public sensitivity on this issue.

3.4.1. In this context, it is important to point out that the precautionary principle should apply to the use of genetically modified organisms in agriculture. The evaluation should specify the benefits and risks for consumer health and the environment, as well as addressing the technical aspects. The ESC observes that there is still no protocol for comparing genetically modified vines with the initial varieties. Such a protocol should include a section on consumer health, the environment, agronomics and wine-growing techniques.

3.4.2. The ESC underlines the need to apply the precautionary principle; to this end it will be necessary to increase efforts to enhance our knowledge. The development of a scientific safeguard will facilitate the identification of new knowledge and understanding of the environmental and food safety implications of using new biotechnologies.

3.4.3. The Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry should specify the minimum conditions for the classification of varieties. This body comes under the Directorate-General for Health and Consumer Protection. The scientific committee will be responsible for authorising the marketing of GMOs. The ESC draws attention to the case for clarifying the arrangements for operation, participation, transparency and interaction between the committee of Member State representatives and the scientific committee.

GMOs and the quality of vine products

3.5. The ESC stresses the cultural value of vine products. The policy of promoting quality and highlighting the wealth of local products, pursued at Community level since the application of the common organisation of the market in wine, is still a priority. The possibility of using genetically modified vines should not, therefore, jeopardise the intrinsic value of the product. The rules governing the inclusion of products in the catalogue need to be reviewed.

3.5.1. The ESC proposes amending the seventh recital to include a specific reference to the cultural value of vine products so that the protocol for the authorisation of the marketing of GMOs in the wine-growing sector takes account of the Community policy of promoting quality in the common organisation of the market in wine:

"Recital no. 7: As a result of scientific and technical progress, it is now possible to genetically modify vine varieties. When deciding whether or not to accept genetically modified vine varieties, the Member States should not only ensure that their deliberate release into the environment does not pose any risk to human health or the environment but should also demonstrate that the cultural value of the final product is not jeopardised and that the consumer is not misled. Procedures should therefore be established for marketing propagating material of such varieties."

Genetically modified vines and traceability

3.6. The production of vine plants is inextricably linked with wiified vne-making. It is necessary, therefore, to establish a system of traceability for genetically modine plants and the finished product.

3.6.1. The labelling of vine plant batches proposed by the European Commission fails to meet the requirements of traceability. The ESC suggests that the control document be regarded as the key component for achieving traceability.

Certification and checks on vine plants

3.7. Europhyt is the Community's rapid alert system for parasite, cryptogamic or virus problems in the production of agricultural, forestry and horticultural plants and seeds. Since the system is based on data received from the Member States, the ESC questions the low number of alerts registered. The ESC urges that the Commission take full responsibility for the management of this system and adopt the requisite measures to enable it to be fully effective.

3.8. The ESC clearly supports the proposed lifting of national restrictions on the marketing of initial vegetative propagating materials. The ESC considers that the completion of the single market in this sector will be achieved through convergence of the certification procedures and checks on vine plants. The ESC proposes that the Commission adopt the three courses of action set out below:

3.8.1. The ESC notes that the Commission has not issued an evaluation report on the application of the current directive as regards the certifications and checks carried out by Member States. As the procedures are defined in the annex to the Directive, the ESC proposes that a thorough evaluation be made of the practices and responsibilities of national bodies in the field of certification.

3.8.2. The ESC observes that the Food and Veterinary Office (FVO) has carried out few inspections in pursuance of the enforcement of Community rules on disease control in certified vine materials. Comparative trials have been conducted between the various certifying bodies in the Member States to improve variety certification techniques. In view of the FVO's poor record on inspections, the ESC urges the Commission to make available appropriate human and financial resources to restore the situation to normality.

3.8.3. The ESC calls for a start to be made at EU level on the harmonisation of the criteria used in certification and checks. The first step could be to produce a report on the application of the Directive as regards the marketing of vine plants in the Member States.

3.9. To ensure an optimum level of safety as regards public health, the ESC suggests that the Commission propose the introduction of a regular evaluation procedure in respect of certification and inspection practices. The ESC suggests that Article 17 be amended to read as follows:

"1. The Commission shall be assisted by ...

3. The Committee shall adopt its rules of procedure.

4. The Committee shall, every five years, present to the Commission an evaluation report on the implementation of this Directive."

Marketing the "standard" category

3.10. In Article 2 of the Standing Committee's rules of procedure, the European Commission proposes authorising the marketing of "standard" category vegetative materials for a limited period. The ESC supports this initiative designed to boost the marketing of certified vegetative materials within the Community. This measure backs up the quality policy pursued under the common organisation of the wine market.

3.10.1. However, the ESC notes that the duration of the waiver (until 1 January 2009) granted to Member States is not justified in terms of the time taken to bring a vineyard plot on stream (an average of three years). The ESC proposes bringing the deadline forward in line with this criterion and setting 1 January 2005 as the cut-off date for the authorisation of the marketing of "standard" vegetative materials.

3.10.2. A number of EU Member States started their selection work at a rather late stage. It is therefore proposed that in this case provision be made for a derogation, setting out reasonable deadlines, in accordance with the comitology rules applicable under Directive 68/193/EEC. In the course of the derogation period plant-health rules must be observed and enforcement should be monitored by the appropriate departments of the European Commission.

4. Specific comments

4.1. The Commission proposes that the technique of micro-propagation fall within the scope of the Directive. Furthermore, Article 3(3) stipulates that the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry may grant derogations for materials derived from this technique. The ESC draws the European Commission's attention to the morphogenetic changes observed following in vitro vine growth. In vitro micro-propagation often causes juvenilisation of vitro plants, some aspects of which are said to persist to varying degrees at vineyard level(7).

4.1.1. The ESC has reservations over the use of in vitro micro-propagation, which is based on the growth of apices and meristems, with hormones being used to optimise production. Moreover, no guarantees have been provided as regards public health aspects. There are, however, no technical reservations over the technique of herbaceous propagation in greenhouses.

4.2. The Commission also proposes introducing a definition of a "clone" in Article 2(1) in view of the fact that micro-propagation may be used. The ESC stresses that the use of the term "clone" is inappropriate in this situation. The technique is in most cases based on clonal selection. The ESC proposes that the Commission employ a different term that avoids any confusion with methods used in experiments involving animals.

4.3. The European Commission proposes standardising the labelling and packaging of certified vine plants in articles 9, 10 and 10a. It also proposes that plant passports may replace official labels.

4.3.1. The ESC observes that no appraisal has been made of the arrangements for using these passports in each Member State. Neither is there a vademecum describing the passports used by the Member States.

4.3.1.1. The ESC urges the European Commission to produce such a vademecum in order to facilitate understanding by all those involved in the sector of the information contained in the passports. The ESC also highlights the importance of retaining the control document as this would enable enterprises, in particular, to ensure traceability for vine plants.

The proposed amendment of the Directive and the issue of EU enlargement

4.4. The Committee notes that two applicant states have requested authorisation to make exemptions from the provisions of the Directive currently in force. Poland wishes to retain the Polish systems of registration, authorisation and certification of varieties. The Czech Republic has also requested that a transitional period to 2015 in respect of the certification of vegetative propagation material for vines.

4.4.1. The Committee urges that the applicant states adopt the same methods and practices as applied in the EU. It also calls for a more reasonable transitional period to be stipulated.

5. Conclusions

5.1. The measures proposed by the Commission would make it possible to plan ahead in respect of the two most important challenges facing the marketing sector for vegetative propagation material for vines, namely the possibility of marketing genetically modified vines and the entry of vine plants into free circulation. The Committee therefore endorses the updating of the Directive currently in force, subject to a number of reservations and proposed adjustments to the proposed text.

5.2. In the light of previous reaction by the media there can be no question of the automatic incorporation of Council Directive 90/220/EEC on the deliberate release of GMOs into the environment. The Commission should pursue an integrated approach to enable it to anticipate all the implications for the various sectors and the specific requirements of each sector. The Committee proposes the following four prerequisites for the vertical incorporation of Council Directive 90/220/EEC:

- the submission of a report on lines of research in the various sectors concerned;

- the establishment of a protocol on the evaluation of GMOs;

- the establishment of clear provisions governing coordination between the different committees in order to enable stringent rules to be laid down in respect of the inclusion of vines in the GMO catalogue;

- the formulation of precise labelling requirements for GMOs.

5.3. Convergence between the practices employed in the EU as a whole for certifying vegetative propagation materials for vines is a sine qua non for the achievement of a single market in these materials. Improved information therefore needs to be made available as to the practices employed by the certification and monitoring bodies and their powers. The Committee calls upon the European Commission to provide itself with the requisite human and financial resources to enable it to make good the shortcomings observed in the effectiveness of the Europhyt system and the enforcement of EU rules in this field.

5.4. As regards the introduction of new techniques for vegetative reproduction, the Committee has reservations over the use of in vitro micropropagation. Moreover, the European Commission itself proposed that provision be made for national derogations in respect of the movement of plants deriving from this process. It is proposed that in vitro micropropogation be excluded from the field of application of the Directive.

5.5. The provision whereby "standard materials" may be marketed until 1 January 2009 cannot be justified on grounds of production problems. With a view to the rapid introduction of the single market, the Committee proposes that this deadline be brought forward to 1 January 2005, with derogations being authorised in well-founded cases (see point 3.10.2 above).

5.6. The proposed amendment is included in the White Paper on Food Safety (Regulation (EC) No. 258/97(8) on novel foods and novel food ingredients). The aim set out in this document(9) is to formulate assessment procedures and labelling requirements in respect of genetically modified material for vegetative propagation of vines. The Committee draws attention to the fact that the Explanatory Memorandum to the proposal for a Directive under review addresses, first of all, the objective of "consolidating the internal market". On a more general note, the Committee would point out that it is essential to pursue an identical approach when tackling health concerns over the possible use of GMOs in the various sectors of agriculture and the agri-food industry. The qualitative aspects of proposed amendments must not be disregarded. Action on the above demand would help to make the laws more readily applicable by the economic operators.

Brussels, 13 July 2000.

The President

of the Economic and Social Committee

Beatrice Rangoni Machiavelli

(1) Statistical data - European Commission 1998.

(2) Typology of producers, statistics for production and surface areas of parent vines in 1999, ONIVINS - First congress of the Pépinière viticole, ("vine nursery"), January 2000.

(3) Consolidated text no. 379R0357.

(4) Information day on genetic research on vegetative material, November 1999 - International Wine Office.

(5) Information day on genetic research on vegetative material, November 1999 - International Wine Office.

(6) Transgenic winegrapes, 1999 - Annual technical issue pp. 75-76.

(7) Micropropagation in vitro - comportement en serre, 1998 - Bulletin de L'Office international de la vigne et du vin No. 803/804 pp. 6-19.

(8) OJ L 43, 14.2.1997, p. 1.

(9) Action No. 78 White Paper on food safety - European Commission.