Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants
Date: 1998-07-20
Institutions: Council of the European Union
Subjects: administrative check, horticulture, import (EU), labelling, marketing standard, plant health control, plant propagation

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COUNCIL DIRECTIVE 98/56/EC

of 20 July 1998

on the marketing of propagating material of ornamental plants

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parlia-
ment (2),

Having regard to the opinion of the Economic and Social
Committee (3),

(1) Whereas

the production of ornamental plants
occupies an important place in the agriculture of
the Community;

(2) Whereas satisfactory results in the cultivation of
ornamental plants depend to a large extent on the
quality and health of the material used for their
propagation;

(3) Whereas the establishment of harmonised condi-
level will
that
tions
purchasers
the Community receive
propagating material which is healthy and of good
quality;

at Community
throughout

ensure

(4) Whereas, so far as they relate to plant health, such
harmonised conditions must be consistent with
Council Directive 77/93/EEC of 21 December
1976 on protective measures against the introduc-
tion into the Member States of organisms harmful
to plants or plant products and against their spread
in the Community (4);

(5) Whereas it is appropriate to establish Community
rules for all genera and species of ornamental
plants in the Community, with the exception of
those covered by Council Regulation (EC) No 338/
97 of 9 December 1996 on the protection of
species of wild fauna and flora by regulating trade
therein (5);

(6) Whereas, without prejudice to the plant health
provisions of Directive 77/93/EEC, it is not appro-
priate to apply the Community rules on the
marketing of propagating material when it
is
shown that such material and plants are intended
for export to third countries, as the rules applicable

(1) OJ C 50, 17. 2. 1998, p. 8.
(2) OJ C 104, 6. 4. 1998, p. 40.
(3) OJ C 157, 25. 5. 1998, p. 3.
(4) OJ L 26, 31. 1. 1977, p. 20. Directive as last amended by
Commission Directive 98/2/EC (OJ L 15, 21. 1. 1998, p. 34).
(5) OJ L 61, 3. 3. 1997, p. 1. Regulation as amended by
Commission Regulation (EC) No 938/97 (OJ L 140, 30. 5.
1997, p. 1).

there may be different from those contained in this
Directive;

(7) Whereas the determination of plant health and
quality standards for particular genus and species of
ornamental plant requires lengthy and detailed
technical and scientific consideration; whereas a
procedure should accordingly be established for the
determination of these standards;

(8) Whereas in the first instance it is the responsibility
of the suppliers of propagating material to ensure
that their products fulfil the conditions laid down
in this Directive;

(9) Whereas the competent authorities of the Member
States, when carrying out controls and inspections,
should ensure that suppliers fulfil those conditions;

(10) Whereas Community control measures should be
introduced to ensure uniform application in all the
Member States of the standards laid down in this
Directive;

(11) Whereas it is in the interests of the purchasers of
propagating material that the names of varieties or
of groups of plants be known and that their iden-
tity be safeguarded;

(12) Whereas the characteristics specific to the industry
operating in the ornamental plant sector are a
complicating factor; whereas,
the
objective stated above can best be achieved either
through common knowledge of the variety or, in
the case of varieties or groups of plants, through
the availability of a description drawn up and kept
by the suppliers;

accordingly,

(13) Whereas,

of

to ensure the identity and
in order
orderly marketing
propagating material,
Community rules must be laid down concerning
the separation of lots and marking; whereas the
labels should give the particulars needed both for
the
official control and for the information of
grower;

(14) Whereas rules should be established permitting, in
the
the case of
marketing of propagating material
to
requirements less stringent than those contained in
this Directive;

temporary supply difficulties,
subject

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(15) Whereas provisions should be made for authorising
the marketing, within the Community, of prop-
agating material produced in third countries,
provided always it affords equivalent guarantees in
all respects to propagating material produced in the
Community and complying with Community
rules;

(16) Whereas, in order to harmonise technical methods
of examination used in the Member States and to
compare propagating material produced in the
Community with those produced in third coun-
tries, comparative trials should be carried out to
check compliance of propagating material with the
requirements of this Directive;

(17) Whereas, in order to facilitate the effective opera-
tion of this Directive, the Commission should be
entrusted with the task of adopting measures for its
implementation; whereas such measures should be
adopted by a procedure involving close cooperation
between the Commission and the Member States
within a Standing Committee for Propagating
Material of Ornamental Plants;

propagating material

(18) Whereas Council Directive 91/682/EEC of 19
December 1991 on the marketing of ornamental
ornamental
plant
plants (1) established harmonised conditions
at
Community
that purchasers
throughout
the Community receive propagating
material and ornamental plants which are healthy
and of good quality;

to ensure

level

and

(19) Whereas Member States have experienced difficul-
ties in the interpretation and transposition of the
said Directive;

(20) Whereas the said Directive was considered to be
suitable for
inclusion in the SLIM Initiative
(Simpler Legislation for the Internal Market) which
was launched by the Commission in May 1996;

(21) Whereas the Ornamental Plants SLIM team made
various recommendations aimed at simplifying the
said Directive; whereas those recommendations are
contained in the Communication from the
Commission to the Council and the European
Parliament on the SLIM Initiative;

(22) Whereas those recommendations related to the
persons to be controlled by the said Directive, the
species to be covered by that Directive, varietal
the interrelationship with Directive
authenticity,
77/93/EEC and third country equivalence;

(23) Whereas, after consideration of those recommenda-
tions it is desirable to amend certain provisions of
Directive 91/682/EEC; whereas given the number

of such amendments, the said Directive should be
recast in the interests of clarity,

HAS ADOPTED THIS DIRECTIVE:

TITLE I

SCOPE

Article 1

This Directive shall apply to the marketing of prop-
1.
agating material of ornamental plants within the
Community. This shall be without prejudice to the rules
on protection of wild flora laid down by Regulation (EC)
No 338/97, the rules on packaging and packaging waste
laid down by Directive 94/62/EC of the European Parlia-
ment and of the Council (2), or, save where otherwise
provided for in this Directive or on the basis thereof, the
plant health rules laid down by Directive 77/93/EEC.

2.

This Directive shall not apply to:

(cid:190) material shown to be intended for export to third
countries, which is identified as such and is kept
sufficiently isolated,

(cid:190) material the products of which are not intended for
ornamental purposes,
is covered by other
if
Community legislation on the marketing of such
material.

it

3.
In accordance with the procedure laid down in
Article 17, it may be decided that some or all of the
requirements of this Directive shall not apply in respect
of seed of particular species or groups of plants, where
further propagating
intended for
material and where there is no significant connection
between the quality of such seed and the quality of the
material grown from it.

the production of

TITLE II

DEFINITIONS

Article 2

For the purpose of this Directive, the following defini-
tions shall apply:

1.

‘Propagating material': plant material intended for:

(cid:190) the propagation of ornamental plants, or
(cid:190) the production of ornamental plants; however, in
the case of production from complete plants, this
definition applies only to the extent
the
resulting ornamental plant is intended for further
marketing.

that

‘Propagation':
means.

reproduction by vegetative or other

(1) OJ L 376, 31. 12. 1991, p. 21.

(2) OJ L 365, 31. 12. 1994, p. 10.

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‘Supplier': any natural or legal person engaged profes-
sionally in marketing or importing of propagating
material.

(a)

trials or scientific purposes,

(b) selection work, or

2.

3.

‘Marketing': sale or delivery by a supplier to another
person.
‘Sale' includes holding available or in stock,
display with a view to sale, offering for sale.

4.

‘Responsible official body':

(a) an authority, established or designated by the
Member State under the supervision of the national
government
questions
and
concerning quality;

responsible

for

(b) any State authority established:

(cid:190) either at national level, or

(cid:190) at

regional

level, under

the supervision of
national authorities, within the limits set by the
constitution of the Member State concerned.

The bodies referred to above may, in accordance with
their national legislation, delegate the tasks provided
for in this Directive to be accomplished under their
authority and supervision to any legal person, whether
governed by public or by private law, which, under its
officially approved constitution, is charged exclusively
with specific public functions, provided that such
person, and its members, has no personal interest in
the outcome of the measures it takes.

Moreover, in accordance with the procedure laid down
in Article 17, other legal persons established on behalf
of the body referred to in point (a) and acting under
the authority and supervision of such body may be
approved, provided that such person has no personal
interest in the outcome of the measures it takes.

Member States shall notify the Commission of their
responsible official bodies. The Commission shall
forward that information to the other Member States.

5.

‘Lot': a number of units of a single commodity, identi-
fiable by its homogeneity of composition and origin.

TITLE III

REQUIREMENTS TO BE MET BY PROPAGATING
MATERIAL

Article 3

Suppliers may market propagating material only if it

1.
meets the requirements laid down in this Directive.

Paragraph 1 shall not apply to propagating material

2.
intended for:

(c) the conservation of genetic diversity.

3. Detailed rules for the application of paragraph 2 may
be adopted in accordance with the procedure laid down
in Article 17.

Article 4

Propagating material shall, where applicable, comply with
laid down in
the relevant plant health conditions
Directive 77/93/EEC.

Article 5

1. Without prejudice to the provisions of Article 1 and
Article 4, propagating material when marketed:

(cid:190) shall at least on visual inspection, be substantially free
from any harmful organisms impairing quality, or any
signs or symptoms thereof, which reduce its useful-
ness,

(cid:190) shall be substantially free of any defects likely to

impair its quality as propagating material,

(cid:190) shall have satisfactory vigour and dimensions
respect of its usefulness as propagating material,
(cid:190) in the case of seeds, shall have satisfactory germina-

in

tion capacity,

(cid:190) if marketed with reference to a variety pursuant to
Article 9, shall have satisfactory varietal identity and
purity.

2. Any propagating material which, on the basis of
visible signs or symptoms,
is not substantially free of
harmful organisms, shall be properly treated or, where
appropriate, shall be removed.

In the case of citrus material the following require-

3.
ments shall also be met:

(a)

it shall be derived from initial material which has
been checked and found to show no symptoms of any
viruses, virus-like organisms or diseases;

(b) it shall have been checked and found to be substan-
tially free of such viruses, virus-like organisms or
disease since the beginning of the last cycle of vegeta-
tion; and

(c)

in the case of grafting, it shall have been grafted onto
rootstocks other than those susceptible to viroids.

In the case of flower bulbs the following requirement

4.
shall also be met:

(cid:190) the propagating material shall be derived directly from
material which, at the stage of the growing crop, has
been checked and found to be substantially free from
any harmful organisms and diseases, signs or symp-
toms thereof.

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species,

In accordance with the procedure laid down in
5.
Article 18, a schedule may be established for a particular
genus or
laying down additional conditions
concerning the quality with which propagating material
when marketed must comply. A genus or species shall
only be included in the schedule if there is a demon-
strated need for such additional rules. In determining
such need the following criteria shall apply:

(cid:190) the existence of problems with the quality of prop-
agating material of the species or genus concerned,
which can only be resolved satisfactorily through
legislative means,

(cid:190) the economic importance of propagating material of

the species or genus concerned,

(cid:190) consistency with any international standards on regu-

lated non-quarantine pests.

In the case of the appearance, on the premises of a
2.
supplier engaged in the production of propagating
material, of a harmful organism listed in Directive 77/
93/EEC or
to
Article 5(5), the supplier shall report it to the responsible
official body and shall carry out any measures laid down
by that body.

in any measures established pursuant

3. When propagating material is marketed, registered
suppliers shall keep records of their sales or purchases for
at least 12 months.

4. Rules for the application of paragraph 1 above may
be established in accordance with the procedure laid
down in Article 17.

TITLE IV

MARKETING AND LABELLING OF PROPAGATING
MATERIAL

TITLE V

REQUIREMENTS TO BE MET BY SUPPLIERS OF
PROPAGATING MATERIAL

Article 8

Article 6

1. Without prejudice to paragraph 2, suppliers shall be
officially registered in relation to the activities which they
carry out under this Directive. The responsible official
body may deem suppliers, who are already registered
under Directive 77/93/EEC,
the
purposes of the current Directive. Such suppliers shall
nonetheless comply with the requirements of the current
Directive.

to be registered for

2.
Paragraph 1 shall not apply to suppliers marketing
only to persons not professionally engaged in the produc-
tion or sale of ornamental plants or propagating material.
Such suppliers shall nonetheless comply with the require-
ments of the current Directive.

Article 7

Suppliers engaged in production of propagating

1.
material shall:

(cid:190) identify and monitor critical points in their produc-
tion process which influence the quality of
the
material,

(cid:190) keep information, for examination when requested by
the responsible official body on the monitoring laid
down in the first indent,

(cid:190) take samples where necessary for analysis in a labor-

atory with suitable facilities and expertise,

(cid:190) ensure that, during production,

lots of propagating

material remain separately identifiable.

Propagating material

1.
shall be marketed in lots.
However, propagating material of different lots may be
marketed in a single consignment, provided that
the
supplier keeps records of the composition and origin of
the different lots.

2.
Propagating material when marketed shall be accom-
panied by a label or other document made out by the
supplier.

In accordance with the procedure laid down in
3.
Article 17, requirements as to the label or document
referred to in paragraph 2 shall be established. In the case
of marketing of propagating material
for persons not
professionally engaged in the production or sale of orna-
mental plants or propagating material, requirements on
labelling may be confined to appropriate product infor-
mation. Requirements as to packaging of propagating
material may be adopted in accordance with the same
procedure.

4.
Paragraph 1 shall not apply to propagating material
which is marketed for persons not professionally engaged
in the production or sale of ornamental plants or prop-
agating material.

Article 9

Propagating material may be marketed with a refer-

1.
ence to a variety, only if the variety concerned is:

(cid:190) legally protected by a plant variety right in accordance
with provisions on the protection of new varieties, or

(cid:190) officially registered, or

(cid:190) commonly known, or

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(cid:190) entered on a list kept by a supplier with its detailed
description and denomination. Such lists shall be
drawn up in accordance with accepted international
guidelines, where these are applicable. The lists shall
be available, on request, to the responsible official
body of the Member State concerned.

2. As far as possible, each variety shall bear the same
denomination in all the Member States, in accordance
with implementing measures which may be adopted in
accordance with the provisions of Article 17 or, in their
absence, in accordance with accepted international guide-
lines.

3. Where propagating material is marketed with a refer-
ence to a group of plants rather than a variety referred to
in paragraph 1, the supplier shall indicate the group of
plants in such a way as to avoid confusion with any
varietal denomination.

4. Additional implementing provisions for the fourth
indent of paragraph 1 may be adopted in accordance with
the procedure laid down in Article 17.

The importer shall notify the responsible official
3.
bodies of material imported under paragraph 2 and shall
keep documentary evidence of his contract with the
supplier in the third country.

4.
Implementing measures relating to the procedure to
be followed and further requirements to be met by impor-
ters may be established in accordance with the procedure
laid down in Article 17.

TITLE VIII

CONTROL MEASURES AND GENERAL PROVISIONS

Article 12

1. Member States shall require that suppliers take all
necessary measures to guarantee compliance with the
requirements of this Directive. To this end Member States
is officially
that propagating material
shall
inspected:

ensure

TITLE VI

(cid:190) at least by random checks, and

PROPAGATING MATERIAL MEETING LESS STRIN-
GENT REQUIREMENTS

Article 10

In the event of temporary difficulties in the supply of
propagating material satisfying the requirements of this
Directive which cannot be overcome within the
Community, rules may be adopted, in accordance with
the procedure laid down in Article 17, concerning the
marketing of propagating material meeting less stringent
requirements.

TITLE VII

PROPAGATING MATERIAL PRODUCED IN THIRD
COUNTRIES

(cid:190) at least in respect of marketing to persons profes-
sionally engaged in production or sale of ornamental
plants or propagating material,

to verify compliance with the requirements. Member
States may also take samples in order to verify compli-
ance. In carrying out supervision and monitoring, the
responsible official bodies shall have free access to all
parts of suppliers’ establishments at all reasonable times.

The Commission shall, by 31 December 2002, submit a
report to the Council, on the operation of the control
arrangements foreseen in this Article, together with any
appropriate proposals which may, if appropriate, include
proposals for removing requirements of this Directive
from retail sales.

2. Detailed implementing procedures
official
inspections under this Directive may be established in
accordance with the procedure laid down in Article 17.

for

Article 11

Article 13

it

1.
In accordance with the procedure laid down in
shall be decided whether propagating
Article 17,
material produced in a third country affords equivalent
guarantees in all respects to material produced in the
Community in accordance with this Directive.

2.
Pending the decision referred to in paragraph 1,
propagating material may not be imported from third
countries unless the importing supplier ensures prior to
import that the material to be imported affords equivalent
to propagating material
guarantees
produced in the Community in accordance with this
Directive, in particular in relation to quality, identifica-
tion and plant health.

respects

in all

If, during official inspections referred to in Article
1.
12, or the trials referred to in Article 14, it is found that
propagating material does not meet the requirements of
this Directive, the responsible official body shall ensure
that the supplier takes appropriate corrective action or, if
that is not possible, shall prohibit the marketing of that
propagating material in the Community.

2.
If it is found that propagating material marketed by a
particular supplier does not comply with the require-
ments of this Directive, the Member State concerned shall
ensure that appropriate measures are taken in relation to
that supplier.

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3. Any measures taken under paragraph 2 shall be
withdrawn as soon as it has been established with suffi-
cient certainty that the propagating material intended for
marketing by the supplier will, in future, comply with the
requirements and conditions of this Directive.

Article 14

1. Where appropriate, trials or tests shall be carried out
in the Member States on samples to check that prop-
agating material complies with the requirements and
conditions of this Directive. The Commission may or-
the
ganise inspections of
Member States and of the Commission.

trials by representatives of

2.
It may be decided in accordance with the procedure
laid down in Article 17 that it is necessary to carry out
Community trials or
the same purpose as
tests for
mentioned in paragraph 1. The Commission may or-
ganise inspections of Community trials by representatives
of the Member States and of the Commission.

3.
The trials or tests referred to in paragraphs 1 and 2
shall be used to harmonise technical methods of exam-
ination of propagating material. Progress reports on the
to the Commission and
trials or tests shall be sent
submitted to the Committee referred to in Article 17.

4.
The Commission shall ensure that, in appropriate
cases, arrangements for coordinating, carrying out and
inspecting the trials referred to in paragraphs 1 and 2, and
assessing their results, are made within the Committee
referred to in Article 17. When problems occur in rela-
tion to organisms covered by Directive 77/93/EEC, the
Commission shall notify the Standing Committee on
Plant Health, which shall also be consulted on protocols
for Community trials where these concern organisms
covered by Directive 77/93/EEC. Propagating material
produced in third countries may be included in the trials.

Article 15

The marketing of propagating material which complies
with the requirements of this Directive shall be subject to
no restrictions as regards supplier, quality, plant health,
labelling and packaging, other than those laid down in
this Directive.

Article 16

In accordance with the procedure laid down in Article 17,
a Member State may at its request and under certain
conditions be wholly or partially released from certain
obligations under this Directive in respect of types of
propagating material of certain genera or species the
production of which is of minimal economic importance
in its territory, save where this would run counter to
Article 15.

TITLE IX

COMMITTEE PROCEDURES

Article 17

1. Where reference is made to the procedure laid down
in this Article, the Commission shall be assisted by a
Committee, referred to as the Standing Committee for
Propagating Material of Ornamental Plants, chaired by a
representative of the Commission.

The representative of the Commission shall submit
2.
to the Standing Committee a draft of the measures to be
taken. The Standing Committee shall deliver its opinion
on the draft within a time limit which the chairman may
lay down according to the urgency of the matter. The
opinion shall be delivered by the majority laid down in
Article 148(2) of the Treaty in the case of decisions which
the Council is required to adopt on a proposal from the
Commission. The votes of
the
Member States within the Committee shall be weighted
in the manner set out in that Article. The chairman shall
not vote.

the representatives of

3.

(a) The Commission shall adopt measures which shall

apply immediately.

(b) However, if these measures are not in accordance
with the opinion of the Committee, they shall be
communicated by the Commission to the Council
forthwith.

In that event:

(cid:190) the Commission may defer application of the
measures which it has decided for a period of
not more than one month from the date of
such communication;

(cid:190) the Council, acting by a qualified majority, may
take a different decision within the time
referred to in the first indent.

4.
The Committee, at the request of the chairman or
one of the Member States, may examine any questions
relevant to the subject matter of this Directive.

Article 18

1. Where reference is made to the procedure laid down
in this Article, the Commission shall be assisted by the
Standing Committee for Propagating Materials and Orna-
mental Plants, chaired by the representative of
the
Commission.

2.
The representative of the Commission shall submit
to the committee a draft of the measures to be taken. The
committee shall deliver its opinion on the draft within a
time limit which the chairman may lay down according
to the urgency of the matter. The opinion will be deliv-
ered by the majority laid down in Article 148(2) of the

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is
Treaty in the case of decisions which the Council
required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States
within the Committee shall be weighted in the manner
set out in that Article. The chairman shall not vote.

3.

(a) The Commission shall adopt the measures envis-
aged if they are in accordance with the opinion of
the Committee.

(b) If the measures envisaged are not in accordance
the Committee, or if no
with the opinion of
opinion is delivered,
the Commission shall,
without delay, submit to the Council a proposal
relating to the measures to be taken. The Council
shall act by a qualified majority.

If, on the expiry of a period of three months from
the date of referral to the Council, the Council has
not acted, the proposed measures shall be adopted
by the Commission.

TITLE X

FINAL PROVISIONS

Article 19

official publication. The methods for making such refer-
ence shall be adopted by the Member States.

3. Member States shall communicate to the Commis-
sion the text of the main provisions of domestic law they
adopt in the field covered by this Directive.

Article 20

1. Directive 91/682/EEC shall be repealed with effect
from 1 July 1999 without prejudice to Member States’
obligations in relation to the period of transposition and
implementation referred to in Part A of the Annex hereto.

2. References to the repealed Directive 91/682/EEC
shall be understood as references to this Directive and
shall be read in accordance with the correlation table in
Part B of the Annex hereto.

3.
Implementing provisions adopted under Directive
91/682/EEC shall continue to have effect unless amended
or repealed by new implementing provisions.

Article 21

This Directive is addressed to the Member States.

1. Member States shall bring into force the laws, regula-
tions or administrative provisions necessary to comply
with this Directive on 1 July 1999. They shall forthwith
inform the Commission thereof.

2. When Member States adopt these measures, they
shall contain a reference to this Directive or shall be
accompanied by such reference on the occasion of their

Done at Brussels, 20 July 1998.

For the Council

The President

W. MOLTERER

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ANNEX

PART A

Time-limits for transposition into national law and implementation

Directive

Time limit for transposition

Time limit for implementation

91/682/EEC (OJ L 376,
31.12.1991, p. 21.)

31 December 1992

Articles 5-11, 14, 15, 17, 19 and 24
(for all genera and species) 31
December 1993

PART B

Correlation table

This Directive

Directive 91/682/EEC

Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21

Articles 1 and 2
Article 3
Article 8
(cid:190)
Article 4
Article 6
Article 5
Articles 10 and 11
Article 9
Article 13
Article 16
Articles 17 and 18
Article 19
Article 20
Article 14
(cid:190)
Article 21
Article 22
(cid:190)
(cid:190)
(cid:190)