llillliEiSjSG? COMMISSION OF THE EUROPEAN COMVIUNITIES 
COM(91)406 final 
Brussels, 25 October 1991 
Amended proposal for a 
COUNCIL REGULATION fEECl 
on the marketing of 
young plants and propagating material other than seeds, 
of vegetables 
mi 
M-^?' (presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
i*Sfe 
f&S/%/ 
EXPLANATORY MEMORANDUM 
At its session of 11 July 1991, the European Parliament delivered its 
opinion on the Commission proposal contained in document COM(89)649 
Final, concerning a proposal for a Council Regulation on the marketing 
of young plants and propagating material other than seeds, of 
vegetables.d) 
The present amended proposal takes into account amendments suggested by 
the European Parliament on which the Commission has taken a favourable 
pos i t i on. 
(1) O.J. N* C 46, 27.02.1990, p.4 
Amended proposal for a 
COUNCIL REGULATION on the marketing of 
young plants and propagating material other than seeds, 
of vegetables 
In response to the opinion delivered by the European Parliaments^ on 
the proposal for a Council Regulation sent by the Commission to the 
Council on 21 December 1989 on the marketing of young plants and 
propagating material other than seeds, of vegetables, 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 follows : 
1. The eighth 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 young plants and propagating material 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 is amended as follows : 
This Regulation applies to propagating material, other than seeds, 
of vegetables, marketed within the Community. 
3. Article 2 is amended as follows : 
This Regulation shall not apply to young plants or propagating 
material shown to be intended for export to third countries, 
without prejudice to the health provisions laid down in Djrectjye 
77/93/EEC. 
(1) O.J. N* C240, 16.09.1991, p.193 
4. Article 3 (a)(1) Second subparagraph is amended as follows : 
The following vegetable species shall come under the rules laid 
down in Articles 3, 4, 6 to 15 and 18 of this Regulation 
- the species listed in Directive 70/458/EEC 
- cynara scoiymus L. (Artichoke) 
- Allium sativum L. (Garlic) 
- Ai Hum. fj^UUeaiim..L^.csj2rlrtfl on J Qua 
- Rheum (Rhubarb) 
5. Article 3 (d) is amended as follows : 
(d) Measures are "official" if taken by the competent national 
author ity or by other public or private sector agents acting by 
delegation from that authority and/or under its supervision for 
that purpose. 
6. Article II (I) is amended as follows : 
1. If, during the official inspections referred to in Article 6(2) 
or the official control referred to in Article 10, it is 
repeatedly found that young plants or propagating material 
marketed by a particular supplier does not comply with the 
requirements and conditions of this Regulation, the Member State 
concerned may ensure that for a specified period the supplier is 
forbidden to market young plants or propagating material, as the 
case may be. The Commission shall ensure the correct application 
of the bans and penalties provided for. 
ISSN 0254-1475 
COM (91) 406 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-457-EN-C 
ISBN 92-77-76698-0 
Office for Official Publications of the European Communities 
Lr2985 Luxembourg