Proposal for a Council Directive amending Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine
Date: 2000-02-07
Institutions: European Commission
Subjects: crop maintenance, genetically modified organism, marketing, means of agricultural production, viticulture

27.6.2000

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Official Journal of the European Communities

C 177 E/77

Proposal for a Council Directive amending Directive 68/193/EEC on the marketing of material for
the vegetative propagation of the vine

(2000/C 177 E/12)

COM(2000) 59 final (cid:151) 2000/0036(CNS)

(Submitted by the Commission on 7 February 2000)

THE COUNCIL OF THE EUROPEAN UNION,

certain conditions, to find better alternatives to certain
provisions of the Directive.

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Whereas:

(1) For the reasons explained below, Directive 68/193/EEC on
the marketing of material for the vegetative propagation
of the vine (1), as last amended by the Act of Accession of
Austria, Finland and Sweden, should be amended.

(2) In the context of consolidating the internal market,
various provisions of that Directive should be amended
or
repealed to remove all barriers to trade likely to
prevent the free movement of vine propagating material
in the Community. To that end, any possibility for
Member States to make unilateral derogations from the
Directive should be removed.

(3) It should be made possible, on certain conditions,

to

market new types of propagating material.

(4) The Commission, assisted by the Standing Committee on
for Agriculture, Horti-
Seeds and Propagating Material
culture and Forestry, should be able to lay down the
conditions in which the Member States may authorise
the marketing of propagating materials for trials, scientific
purposes or selection work.

(5) The Member States should be authorised to adopt more
the marketing of propagating
stringent provisions for
material
territory than those
provided for in Annexes I and II to combat organisms
that appear particularly harmful to vines in the regions
concerned.

in all or part of

their

(6) In the light of

the experience gained in other sectors
regarding
seed and propagating
material, temporary trials should be organised, subject to

the marketing of

(1) OJ L 93, 17.4.1968, p. 15.

(7) As a result of scientific and technical progress, it is now
to genetically modify vine varieties. When
possible
to accept genetically modified vine
deciding whether
varieties,
their
deliberate release into the environment does not pose
any risk to human health or the environment. Procedures
should therefore be established for marketing propagating
material of such varieties.

the Member States should ensure that

(8) Regulation (EC) No 258/97 on novel foods and novel food
ingredients includes provisions on genetically modified
food and food ingredients;
in determining whether a
genetically modified vine variety can be accepted on the
it
market and in order
is
necessary to ensure that novel
food
ingredients are subject to a safety assessment through a
Community procedure by applying the authorisation
procedure, evaluation principles and criteria laid down
in Regulation (EC) No 258/97, including the consultation
of the Scientific Committee for Food.

to protect public health,
foods and novel

(9) To ensure that the movement of vine propagating material
is adequately monitored, provision should be made for
batches to be accompanied by a control document.

(10) It

is desirable to ensure that genetic resources are

conserved.

(11) The procedure for close cooperation between Member
States and the Commission within a Standing Committee
on Seeds and Propagating Material for Agriculture, Horti-
culture and Forestry should be updated.

(12) In the light of experience, various other provisions of the

above Directive should be clarified and updated.

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 68/193/EEC is hereby amended as follows:

1. The following sub-subparagraphs are added after Article

2(1)(A):

(cid:145)(AA) Variety: a plant grouping within a single botanical

taxon of the lowest known rank, which can be:

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(cid:151) defined by the expression of

the characters
resulting from a given genotype or combination
of genotypes,

(cid:151) distinguished from any other plant grouping by
the said

least one of

the expression of at
characters, and

(c) which satisfy the conditions

laid down in
Annexes I and II
for basic materials. These
Annexes may be amended in accordance with
the procedure laid down in Article 17 in order
to set additional or more stringent conditions
for
initial propagating
materials;

certification of

the

(cid:151) considered as an entity in view of its ability to

be propagated unchanged.

(d) which have been found by official examination

to satisfy the above conditions.(cid:146)

(AB) Clone: a clone is the vegetative progeny of a variety
identity,
the

true
phenotypic characters and health status of
parent plant.(cid:146)

to a vinestock selected for

the

2. Article 2(1)(B) is replaced by the following:

(cid:145)(B) Propagating materials:

(i) Young vine plants

(a) rooted cuttings: ungrafted pieces of rooted
vine shoot or herbaceous cutting intended
for
as
rootstocks;

ungrafted

planting

use

for

or

(b) rooted grafts: pieces of

vine

herbaceous cutting joined by grafting,
underground part of which is rooted.

shoot or
the

4. Article 2(1)(E) is replaced by the following:

(cid:145)(E) Basic propagating materials: propagating materials:

(a) which have been produced on the responsibility
of
the plant breeder according to accepted
practices for the maintenance of the identity of
the variety and, where applicable, of the clone,
and for the prevention of diseases, and which are
obtained by vegetative propagation directly from
initial material;

(b) which are intended for the production of certified

materials;

(c) which satisfy the

conditions

laid down in

Annexes I and II for basic materials; and

(d) which have been found by official examination to

satisfy the above conditions.(cid:146)

(ii) Parts of young vine plants:

(a) vine shoots: one-year shoots;

5. Article 2(1)(F)(a) is replaced by the following:

(b) herbaceous cuttings: unlignified shoots;

(c) graftable rootstock cuttings: pieces of vine
shoot or herbaceous cuttings
intended to
form the underground part when preparing
rooted grafts;

(d) pieces of vine shoot or herbaceous cuttings
intended to form the part above ground when
preparing rooted grafts or when grafting
plants in situ;

(e) nursery cuttings: pieces of vine shoot or
the

herbaceous
production of rooted cuttings.(cid:146)

intended

cuttings

for

3. The following definition is added after Article 2(1)(D):

(cid:145)(DA)

Initial propagating materials: propagating materials:

(a) which have been produced on the responsibility
of
the plant breeder according to accepted
practices for the maintenance of the identity
of
the
the variety and, where applicable, of
clone, and for the prevention of diseases;

(b) which are intended for the production of basic
propagating materials or certified materials;

(cid:145)which are obtained directly from basic materials or initial
materials(cid:146).

6. The following definition is added to Article 2(1):

(cid:145)(I) Marketing:

The sale, holding with a view to sale, offer for sale and
any disposal, supply or transfer of propagating material
to third parties, whether or not for a consideration,
with a view to commercial exploitation.

The rules for the application of these provisions shall
be adopted in accordance with the procedure laid down
in Article 17.(cid:146)

7. Article 3 is replaced by the following:

(cid:145)1.
The Member States shall require that vine propa-
gating materials may not be placed on the market unless:

(cid:151) they have been officially certified as (cid:147)initial material(cid:148),
(cid:147)basic material(cid:148) or (cid:147)certified material(cid:148) or, in the case of
propagating material not
as
rootstocks, is officially checked standard material, and

intended

use

for

(cid:151) they satisfy the conditions laid down in Annex II.

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Notwithstanding paragraph 1, Member States may
2.
authorise producers on their own territory to place on
the market appropriate quantities of propagating materials:

(a) intended for trials or for scientific purposes;

(b) for selection work;

(c) intended to help preserve genetic diversity.

The conditions on which Member States may grant such
authorisation may be determined in accordance with the
procedure laid down in Article 17.

In the case of genetically modified material, the author-
isation may be granted only if all the appropriate steps
have been taken to avoid endangering human health and
the environment. For the purposes of the environmental
impact assessment which must be carried out
in this
respect, Article 5ba of this Directive shall apply mutatis
mutandis.

(cid:151) throughout the Community, in the case of certain
vine varieties for which the Community’s needs can
be
relevant
programme, by propagating material officially
certified as (cid:147)initial material(cid:148), (cid:147)basic material(cid:148) or
(cid:147)certified material(cid:148), and

necessary,

covered,

under

if

a

(cid:151) in the case of propagating material of varieties
if
than referred to in the first
other
intended for use in the territory of Member States
in accordance with
which have already required,
Article 12(2) and not
than the date of
later
adoption of this Directive, that (cid:147)standard material(cid:148)
may no longer be marketed.

indent,

(b) authorise the Member States, by derogation from
paragraph 1, to market (cid:147)standard material(cid:148) for use in
certain areas as rootstocks for certain varieties for
which the Community’s needs cannot be covered by
(cid:147)initial material(cid:148), (cid:147)basic material(cid:148) or (cid:147)certified material(cid:148)
and to lay down the conditions for such marketing.(cid:146)

8. The following Article is added after Article 3:

In the case of propagating material produced by
3.
following provisions may be
micropropagation,
adopted in accordance with the procedure laid down in
Article 17:

the

(cid:145)Article 3a

(cid:151) derogation from specific provisions of this Directive,

(cid:151) conditions applicable to such propagating material,

(cid:151) names that may be used for such propagating material.

In the case of officially certified material,

the
adopted in accordance with the

4.
following may be
procedure laid down in Article 17:

(cid:151) Community classes within each category,

(cid:151) the conditions that apply to those classes,

(cid:151) the names that apply to those classes.

The Commission may authorise Member States,
in
accordance with the procedure laid down in Article 17,
to adopt more stringent provisions for the marketing of
propagating material in all or part of the territory of one
or more Member States
in
Annexes I and II in order to combat harmful organisms
that appear particularly threatening to vines in the regions
concerned.(cid:146)

than those provided for

9. The following paragraph is added to Article 4:

(cid:145)This provision shall not apply, in the case of grafting, to
parts of young plants produced in another Member State
or in a third country under Article 15(2).(cid:146)

10.

In Article 5, the words (cid:145), and where applicable clones,(cid:146) are
added after (cid:145)Each Member State shall establish a list of the
vine varieties(cid:146).

The Member States may determine the extent to which
they apply these Community classes for the certification
of their own production.

The Commission, acting in accordance with the

5.
procedure laid down in Article 17, may

(a) require that after specified dates propagating material
other than for use as rootstocks may only be placed on
the market if it has been officially certified as (cid:147)initial
material(cid:148), (cid:147)basic material(cid:148) or (cid:147)certified material(cid:148)

11. The following paragraph is added to Article 5:

(cid:145)Member States shall ensure that varieties and clones
accepted into the catalogues of the other Member States
are also accepted for certification in their own territory,
to Council Regulation (EC) No
without prejudice
1493/1999 on general rules for the classification of vine
varieties (1).(cid:146)

(1) OJ L 271, 21.10.1999, p. 47.

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12. Article 5b is replaced by the following:

(cid:145)Article 5b

A variety shall be deemed to be distinct if it is clearly
1.
distinguishable, by reference to the expression of
the
characters resulting from a particular genotype or combi-
nation of genotypes,
from any other variety whose
existence is a matter of common knowledge in the
Community.

A variety shall be deemed to be a matter of common
knowledge in the Community if, on the date on which
application is duly made for its acceptance,
it is either:
entered in the catalogue of the Member State in question
the subject of an
or of another Member State; or
application for acceptance
in
question or in another Member State; unless the conditions
referred to in the first sentence of this paragraph are no
longer met in all the Member States concerned before a
decision is made regarding the application for acceptance
of the new variety being assessed.

in the Member State

the
A variety shall be deemed to be stable if
2.
expression of the characters which are included in the
examination for distinctness, as well as any others used
for
remain unchanged after
repeated propagation.

the variety description,

3.
A variety shall be deemed to be uniform if, subject to
the variation that may be expected from the particular
features of its propagation,
it is sufficiently uniform in
the expression of those characters which are included in
the examination for distinctness, as well as any others used
for describing the variety.(cid:146)

13. The following Article is added after Article 5b:

(cid:145)Article 5ba

1.
Genetically modified varieties of vine within the
meaning of Article 2(1) and (2) of Council Directive
90/220/EEC of 23 April 1990 on the deliberate release
into the environment of genetically modified organisms (1)
shall be accepted only if all the appropriate steps have
been taken to avoid endangering human health and the
environment.

only after being accepted for marketing in accordance
with Directive 90/220/EEC;

(c) Articles 11 to 18 of Directive 90/220/EEC shall no
longer apply to genetically modified varieties of vine
authorised in conformity with the Regulation referred
to in subparagraph (b) above;

(d) the technical and scientific details of implementing the
environmental risk assessment shall be adopted in
accordance with the procedure laid down in Article
17 of this Directive.

3. Where products derived from vine propagating
material are intended to be used as a food or food
ingredient falling within the scope of Regulation (EC) No
258/97 of the European Parliament and the Council of 27
January 1997 concerning novel
food
it must be ensured prior to the acceptance
ingredients,
of genetically modified varieties of vine, that the foods
or food ingredients derived therefrom do not:

foods and novel

(cid:151) present a danger for the consumer,

(cid:151) mislead the consumer,

(cid:151) differ from foods or food ingredients which they are
intended to replace to such an extent that their normal
consumption would be nutritionally disadvantageous
for the consumer.

Where material from one of the varieties referred to in this
Directive is intended for use as a novel
food or food
ingredient covered by Regulation (EC) No 258/97 of the
European Parliament and of the Council concerning novel
foods and novel food ingredients (2), the variety shall be
accepted only if the food or food ingredient has already
been authorised in accordance with Regulation (EC) No
258/97.

However, where the authorisation decision referred to in
Regulation (EC) No 258/97 is taken in connection with the
procedure
the
procedure laid down in Article 17 of this Directive shall
be followed.(cid:146)

acceptance of

for official

a variety,

2. With regard to genetically modified varieties within
the meaning of paragraph 1,

14.

In Article 5c, the words (cid:145), and where applicable clones,(cid:146) are
added after (cid:145)The Member States shall ensure that varieties(cid:146).

(a) an environmental impact assessment equivalent to the
assessment provided for in Directive 90/220/EEC shall
be carried out;

15. Article 5e(2) is replaced by the following:

(b) the procedures

be

ensuring

an environmental

risk
assessment and other relevant information equivalent
to the assessment laid down in Directive 90/220/EEC
shall
from the
on a proposal
Commission,
in a Council regulation based on the
appropriate legal basis in the Treaty. Until the entry
into force of
regulation, genetically modified
varieties may be accepted into national catalogues

introduced

this

applications or withdrawals of

for
(cid:145)All
acceptance of a variety, entries in a catalogue of varieties
and any amendments made to it
shall be notified
immediately to the other Member States and to the
Commission.

applications

The Commission may publish notifications
Member States in the Community Catalogue.(cid:146)

from the

(1) OJ L 117, 8.5.1990, p. 15.

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

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16. The following Articles are added after Article 5e:

(cid:145)Article 5f

shall ensure that genetically modified
Member States
varieties which have been accepted are clearly indicated
as such in the catalogue of varieties. They shall further
ensure that any person marketing such a variety clearly
indicates in their vine sales catalogue that the variety is
genetically modified.

Article 5g

1. Member States shall require that varieties, and clones
where applicable, accepted into the catalogue are main-
tained by selection for conservation.

2. Maintenance must always be verifiable on the basis
of records made by those responsible for maintenance of a
variety.

3.
Samples may be requested from those responsible for
maintenance of a variety. Where necessary, samples may
be taken officially.(cid:146)

17.

In Article 7, the words (cid:145)initial material,(cid:146) are inserted before
(cid:145)basic material(cid:146).

conforming to the specification in Annex IV be affixed on
the outside of packages and bundles of propagating
material by means of the sealing device. The colour of
the label shall be white with a diagonal violet stripe for
initial material, white for basic material, blue for certified
material and dark yellow for standard material.

2.
However, Member States may authorise producers in
their territory to market more than one package or bundle
of grafted or rooted vines with the same characteristics
using a single label conforming to the specification in
Annex IV. In such cases, the packages or bundles shall
be attached together in such a way that the attachment
is damaged on separation and can no longer be put back.
The label shall be affixed by means of the attachment. No
resealing shall be authorised.

3. Member States shall require that each batch also be
accompanied by a control document. The terms and
conditions governing this accompanying document shall
be determined in accordance with the procedure laid
down in Article 17.

as

Plant passports

referred to in Commission
4.
Directive 92/105/EEC of 3 December 1992 establishing a
standardisation for plant passports (1) may
degree of
constitute official
labels as referred to in paragraph 1.
However, all the requirements laid down in paragraph 1
for official labels must also be complied with.(cid:146)

18. Article 8(2) is replaced by the following:

21. The following Article is added after Article 10:

(cid:145)By derogation from paragraph 1 as regards packaging,
sealing and marking, Member States may authorise
producers in their territory to sell in small quantities to
final consumers and also to market vines in pots, crates or
boxes.

The conditions on which Member States may grant such
authorisation may be determined in accordance with the
procedure laid down in Article 17.(cid:146)

(cid:145)Article 10a

In the case of propagating material of a variety which has
been genetically modified, any label and document, official
or otherwise, which is affixed to or accompanies the batch
of material under this Directive shall clearly indicate that
the variety has been genetically modified.(cid:146)

22. Article 11(2) is repealed.

19. Article 9 is replaced by the following:

23. Article 12 is replaced by the following:

(cid:145)Member States shall require packages and bundles of
to be sealed officially or under
propagating material
in such a manner that they cannot
official supervision,
be opened without damaging the seal or without
the
in the case
label referred to in Article 10(1) or,
official
of packaging, the packaging showing signs of tampering.
To ensure proper sealing, the sealing device must comprise
at
label or an official seal. A
decision may be taken in accordance with the procedure
laid down in Article 17 as to whether a specific sealing
device meets the requirements of
this Article. Further
sealing may take place only officially or under official
supervision.(cid:146)

least either the official

20. Article 10 is replaced by the following:

(cid:145)1.
in one of

The Member States shall require that an official label
the Community
languages of

the official

(cid:145)Member States shall ensure that propagating materials
marketed according to this Directive, under
either
compulsory or to optional rules, are not subjected to
any marketing restrictions as regards their characteristics,
examination arrangements, marking and sealing other than
those laid down in this Directive.(cid:146)

24. Article 12a is replaced by the following:

(cid:145)Member States shall ensure that propagating material of
vine varieties, and where applicable clones, have been
officially accepted in one of the Member States for certifi-
cation and for checking as standard material in accordance
with this Directive are not subjected to any marketing
restrictions in their territory based on variety, without
prejudice to Regulation (EC) No 1493/1999.(cid:146)

(1) OJ L 4, 8.1.1993, p. 22.

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25. Article 14(1) is replaced by the following:

Article 2

(cid:145)In order to eliminate any temporary difficulties in the
general supply of basic material, certified material or
in the Community that cannot be
standard material
overcome in any other way, a decision may be taken in
accordance with the procedure laid down in Article 17
for a limited
that the Member States should authorise,
period,
the Community’s
the quantity of propagating material of a
territory of
category satisfying less stringent requirements needed to
overcome the difficulties.(cid:146)

the marketing throughout

26. The following Article is added after Article 14:

(cid:145)Article 14a

this Directive,

For the purpose of seeking better alternatives to certain
provisions of
in
accordance with the procedure laid down in Article 17,
to organise
specified
conditions at Community level.(cid:146)

it may be decided,

experiments under

temporary

27. Article 17 is replaced by the following:

The Commission shall be assisted by the Standing
(cid:145)1.
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry.

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply, having regard
to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision
1999/468/EC shall be set at one month.

By derogation from Article 3(1) of Directive 68/193/EEC,
Member States may, as a transitional measure until 1 January
2009, allow the marketing of standard materials intended for
use as rootstocks and taken from rootstock nurseries existing at
the date of entry into force of this Directive.

Article 3

Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this
Directive before 1 January 2001. They shall forthwith inform
the Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference at the time of their official publication. The methods
of making such reference shall be laid down by Member States.

Member States shall communicate to the Commission the texts
of the main provisions of national law which they adopt in the
field governed by this Directive.

Article 4

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 5

3.

The Committee shall adopt its rules of procedure.(cid:146)

This Directive is addressed to the Member States.