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'
Date: 2000-07-13
Institutions: European Economic and Social Committee
Subjects: foodstuffs legislation, genetically modified organism, marketing, plant propagation, viticulture

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4.6.
The need for a more effective CFP, and the future
development of the sector within an ever growing market,
presuppose a change in strategy. This will mean reconsidering
the role of the sector’s various operators, sharing responsibiliti-

es between all the relevant players, simplifying legislation and
making it more transparent, and rigorously upholding the
measures proposed.

Brussels, 12 July 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

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 biotechnologi-
es, 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 propa-
gation of the vine are currently designed to improve implemen-
tation 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 propagat-
ing 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.

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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.

The main proposals put forward by the European
2.4.
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.

In putting forward its proposed amendment

to
2.5.
Article 3(2) of Directive 68/193/EEC, the European Com-
mission 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 Com-
mission 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
consolidated version of Directive
68/193/EEC and points out that it should be possible to update
Directives on the basis of consolidated legislation.

is no official

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.

In Europe, the estimated surface area (2) of rootstock
3.2.2.
parent vines was 5 700 ha and 4 200 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.

The ESC draws attention to the fact that under
3.2.4.
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 implemen-
tation 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.

(1) Statistical data — European Commission 1998.

(3) Consolidated text no. 379R0357.

(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.

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3.3.2.
The ESC notes that the Scientific Committee has not
presented any report on research into genetically modified
Intensification of
vines despite progress in this research.
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.

A non-exhaustive stocktaking (1) of scientific research
3.3.3.
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 (1) 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 (2) 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.

The ESC considers that the subject of the use of
3.3.3.4.
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;

(1) Information day on genetic research on vegetative material,

November 1999 — International Wine Office.

(2) Transgenic winegrapes, 1999 — Annual technical issue pp. 75-

76.

— defining the process of authorising the marketing of

genetically modified vines;

— making provision for traceability in respect of the dissemi-

nation of these types of vegetative materials.

Evaluation of genetically modified vines

In view of the varied development of these biotechnol-
3.4.
ogies, 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.

In this context, it is important to point out that the
3.4.1.
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 precaution-
ary 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.

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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.

The labelling of vine plant batches proposed by the
3.6.1.
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.

The ESC clearly supports the proposed lifting of
3.8.
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:

The ESC notes that the Commission has not issued
3.8.1.
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.

However, the ESC notes that the duration of the
3.10.1.
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.

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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

The Commission proposes that the technique of micro-
4.1.
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 (1).

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 defi-
nition 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 ani-
mals.

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 pro-
duce 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 enter-
prises, in particular, to ensure traceability for vine plants.

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

The Committee notes that two applicant states have
4.4.
requested authorisation to make exemptions from the pro-
visions 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.

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

5. Conclusions

The measures proposed by the Commission would
5.1.
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 coordi-
nation 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;

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

— the formulation of precise labelling requirements for

GMOs.

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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.

As regards the introduction of new techniques for
5.4.
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.
in vitro
It
micropropogation be excluded from the field of application of
the Directive.

is proposed that

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).

food ingredients). The aim set out

5.6.
The proposed amendment is included in the White
Paper on Food Safety (Regulation (EC) No. 258/97 (1) on novel
foods and novel
in
this document (2) 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.

The provision whereby ‘standard materials’ may be
5.5.
marketed until 1 January 2009 cannot be justified on grounds
of production problems. With a view to the rapid introduction

(1) OJ L 43, 14.2.1997, p. 1.
(2) Action No. 78 White Paper on food safety — European Com-

mission.

Brussels, 13 July 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI