Council Directive 2002/11/EC of 14 February 2002 amending Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine and repealing Directive 74/649/EEC
Date: 2002-02-14
Institutions: Council of the European Union
Subjects: genetically modified organism, marketing standard, plant propagation, seed, seedling, vineyard

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Official Journal of the European Communities

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COUNCIL DIRECTIVE 2002/11/EC

of 14 February 2002

amending Directive 68/193/EEC on the marketing of material for the vegetative propagation of the
vine and repealing Directive 74/649/EEC

THE COUNCIL OF THE EUROPEAN UNION,

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

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

Having regard to the opinion of the European Parliament (2),

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

Whereas:

should be amended or

In the context of consolidating the internal market and
in the light of experience, various provisions of Directive
68/193/EEC (4)
repealed to
remove all barriers to trade likely to prevent the free
the
movement
Community. To that end, any possibility for Member
States to make unilateral derogations from the Directive
should be removed.

vinepropagating material

of

in

It should be made possible, on certain conditions, to
market propagating material produced by new produc-
tion methods.

The Commission, assisted by the Standing Committee
on Seeds and Propagating Material
for Agriculture,
Horticulture and Forestry, should be able to lay down
conditions under which Member States may
the
for
authorise the marketing of propagating material
trials, scientific purposes or selection work.

In the light of the experience gained in other sectors
regarding the marketing of
seed and propagating
material, temporary trials should be organised, subject to
certain conditions, to find better alternatives to certain
provisions of the Directive.

As a result of scientific and technical progress, it is now
possible to modify vine varieties genetically. It is there-
fore important that genetically modified vine varieties
are not accepted unless all the appropriate measures
have been taken to avoid any risk to human health or
the environment.

(1)

(2)

(3)

(4)

(5)

(6)

Council of 12 March 2001 on the deliberate release into
the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (5) where vine
variety propagating material is composed of genetically
modified organisms. The Commission should submit to
the European Parliament and the Council a proposal for
a Regulation ensuring the equivalence of risk assessment
in particular those
and other relevant requirements,
regarding risk management,
labelling, any monitoring
required, public information and a safeguard clause with
those established by Directive 2001/18/EC. Pending the
entry into force of that Regulation, the provisions of
Directive 2001/18/EC should remain applicable.

(7)

(8)

(9)

Regulation (EC) No 258/97 of the European Parliament
and of the Council of 27 January 1997 concerning novel
foods and novel food ingredients (6) includes provisions
on genetically modified food and food ingredients. In
determining whether a genetically modified vine variety
can be accepted on the market and in order to protect
public health, it is necessary to ensure that novel foods
and novel
to a safety
food ingredients were subject
assessment.

To ensure that
the movement of vine-propagating
material is adequately monitored, it is appropriate that
Member States should be able to require a document to
accompany each lot.

is desirable to ensure that genetic diversity is
It
preserved. Appropriate biodiversity conservation meas-
ures to guarantee the conservation of existing varieties
must be taken. The Commission should take into
account not only the concept of variety but also that of
genotype and of clone.

(10)

The measures necessary for
the implementation of
Directive 68/193/EEC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (7).

A specific environmental risk assessment should be
carried out equivalent to that provided for in Directive
the
2001/18/EC of

the European Parliament and of

(11)

Council Directive 74/649/EEC of 9 December 1974 on
the marketing of material for the vegetative propagation
of the vine produced in third countries (8) should be
repealed,

(1) OJ C 177 E, 27.6.2000, p. 77.
(2) OJ C 197, 12.7.2001, p. 24.
(3) OJ C 268, 19.9.2000, p. 42.
(4) OJ L 93, 17.4.1968, p. 15. Directive as last amended by the 1994

Act of Accession.

(5) OJ L 106, 17.4.2001, p. 1.
(6) OJ L 43, 14.2.1997, p. 1.
(7) OJ L 184, 17.7.1999, p. 23.
(8) OJ L 352, 28.12.1974, p. 45.

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HAS ADOPTED THIS DIRECTIVE:

Article 1

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

1. Article 2(1) shall be replaced by the following:

For the purposes of this Directive, the following

‘1.
definitions shall apply:

(A) Vines: plants of the genus Vitis (L.) intended for the
for use as propagation

production of grapes or
material for such plants.

AA. Variety: a plant grouping within a single botanical tax
on of the lowest known rank, which can be:

(a) defined by the expression of

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

(b) distinguished from any other plant grouping by
the expression of at least one of the said charac-
ters; and

(c) considered as an entity in view of its ability to be

propagated unchanged.

AB. Clone: a clone is the vegetative progeny of a variety
which is true to a vine stock chosen on account of
varietal
its phenotypic characters and its
identity,
state of health.

(B) Propagating material

(i) Young vine plants

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

(b) rooted grafts: pieces of vine shoot or herba-
ceous shoot joined by grafting, the under-
ground part of which is rooted.

(ii) Parts of young vine plants

(a) vine shoots: one-year shoots;

(b) herbaceous shoots: unlignified shoots;

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

(d) top-graft cuttings: pieces of vine shoot or
herbaceous shoot 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
herbaceous shoot intended for the production
of rooted cuttings.

(C) Stock nurseries: nurseries for the production of root-
stock cuttings for grafting, nursery cuttings or top-
graft cuttings.

(D) Cutting nurseries: nurseries for the cultivation of rooted

cuttings or rooted grafts.

DA. Initial propagating material: propagating material

(a) which has been produced under the responsibility
of the grower according to accepted practices for
the maintenance of the identity of the variety and,
where applicable, of
the
prevention of diseases;

the clone, and for

(b) which is intended for the production of basic
propagating material or certified propagating
material;

(c) which satisfies

laid down in
the conditions
Annexes I and II for basic propagating material.
These Annexes may be amended in accordance
with the procedure laid down in Article 17(2) in
order to set additional or more stringent condi-
tions for the certification of initial propagating
material;

(d) which has been found by official examination to

satisfy the above conditions.

(E) Basic propagating material: propagating material

(a) which has been produced under the responsibility
of the grower according to accepted practices for
the maintenance of the identity of the variety and,
where applicable, of
the
prevention of diseases and which is obtained by
vegetative propagation directly from initial propa-
gating material;

the clone, and for

(b) which is intended for the production of certified

propagating material;

(c) which satisfies

laid down in
the conditions
Annexes I and II for basic propagating material;
and

(d) which has been found by official examination to

satisfy the above conditions.

(F) Certified material: propagation material

(a) which is obtained directly from basic propagating

material or initial propagating material;

(b) which is intended for:

— the production of young plants or parts of
plants for use in the production of grapes, or

— the production of grapes;

(c) which satisfies

the conditions

laid down in

Annexes I and II for certified material; and

(d) which has been found by official examination to

satisfy the abovementioned conditions.

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(G) Standard material: propagation material

(b) it satisfies the conditions laid down in Annex II.

(a) which has varietal

identity and purity;

(b) which is intended for:

— the production of young plants or parts of
plants for use in the production of grapes, or

— the production of grapes;

(c) which satisfies

the conditions

laid down in

Annexes I and II for standard material; and

(d) which has been found by official examination to

satisfy the abovementioned conditions.

2.
By derogation from paragraph 1, Member States
may, as a transitional measure until 1 January 2005, allow
the marketing in their own territory of standard material
intended for use as rootstocks and taken from parent
plants in existence on 23 February 2002.

Notwithstanding paragraph 1, Member States may
3.
authorise producers on their own territory to place on the
market appropriate quantities of propagating material:

(a) intended for trials or for scientific purposes;

(H) Official measures: measures taken

(b) for selection work;

(a) by State authorities; or

(b) by any legal person whether governed by public
or by private law, acting under the responsibility
of the State; or

(c) in the case of ancillary activities which are also
subject to State control, by any natural person
duly sworn for that purpose,

provided that the persons mentioned under (b) and
(c) derive no private gain from such measures.

(I) Marketing:

(c) intended to help preserve genetic diversity.

The conditions under which Member States may grant
such authorisation may be determined in accordance with
the procedure laid down in Article 17(2).

In the case of genetically modified material, such author-
isation may be granted only if all appropriate measures
have been taken to avoid risks to human health and the
environment. For the environmental risk assessment and
other checks to be carried out in this respect, Article 5ba
shall apply accordingly.

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

4.
In the case of propagating material produced by
means of in vitro propagation techniques, the following
provisions may be adopted in accordance with the proce-
dure laid down in Article 17(2):

Trade in propagating material not aimed at commer-
cial exploitation of the variety, such as the following
operations, shall not be regarded as marketing:

(a) the supply of propagating material

to official

testing and inspection bodies;

(b) the supply of propagating material to providers of
services for processing or packaging, provided
that the provider of services does not acquire title
to propagating material thus supplied.

The rules for the application of these provisions shall
be adopted in accordance with the procedure laid
down in Article 17(3).’;

2. Article 3 shall be replaced by the following:

‘Article 3

1.
The Member States shall require that vine propa-
gating material may not be placed on the market unless:

(a) it has been officially certified as “initial propagating
material”,
“basic propagating material” or “certified
propagating material” or, in the case of propagating
material not intended for use as rootstocks, it is offi-
cially checked standard material, and

(a) derogation from specific provisions of this Directive;

(b) conditions applicable to such propagating material;

(c) designations that may be used for such propagating

material;

(d) conditions to guarantee that the varietal authenticity

has first been verified.

The Commission, acting in accordance with the
5.
procedure laid down in Article 17(3), may require that,
after specified dates, propagating material other than for
use as rootstocks may be placed on the market only if it
has been officially
“initial propagating
certified as
material”, “basic propagating material” or “certified propa-
gating material”:

(a) throughout the Community, in the case of certain vine
varieties for which the Community's needs can be
covered, taking into account their genetic diversity, if
necessary under an established programme, by propa-
gating material officially certified as “initial propagating
material”,
“basic propagating material” or “certified
propagating material”, and

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(b) in the case of propagating material of varieties other
than those referred to in (a), if intended for use in the
already
territory of Member States which have
required,
that
“standard material” may no longer be marketed.’;

in accordance with this Directive,

tion 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 accep-
tance of the new variety being assessed.

3. the following subparagraph shall be added to Article 4:

‘This provision shall not apply, in the case of grafting, to
propagating material produced in another Member State or
in a third country recognised as equivalent in accordance
with Article 15(2).’;

4. Article 5 shall be replaced by the following:

‘Article 5

Each Member State shall establish a catalogue of the
1.
vine varieties officially accepted for certification and for
checking as standard propagating material in its territory.
The catalogue shall be open to public inspection. The
catalogue shall determine the principal morphological and
physiological characters by which the varieties can be
distinguished from one another. For those varieties already
accepted as at 31 December 1971, reference may be made
to the description in the official ampelographic publica-
tions.

2. Member States shall ensure that varieties and clones
accepted into the catalogues of the other Member States
are also accepted for certification and for the checking of
in their own territory,
standard propagating material
without prejudice to Council Regulation (EC) No 1493/
1999 of 17 May 1999 on the common organisation of the
market in wine (*), with regard to the rules for the classi-
fication of vine varieties.

Each Member State shall also establish,

3.
if appro-
priate, a list of clones officially accepted for certification in
its territory.

Member States shall ensure that clones accepted for certi-
fication in another Member State are also accepted for
certification in their own territory.

(*) OJ L 179, 17.7.1999, p. 1.’;

5. Article 5b shall be replaced by the following:

‘Article 5b

1.
it is
A variety shall be deemed to be distinct if
clearly distinguishable, by reference to the expression of
the characteristics resulting from a particular genotype
or combination 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 either is
entered in the catalogue of the Member State in ques-
tion or of another Member State or is the subject of an
application for acceptance in the Member State in ques-

2.
the
A variety shall be deemed to be stable if
expression of the characters which are included in the
examination for distinctness, as well as any others used
remains unchanged after
for
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 partic-
ular 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.’;

6. the following Article shall be inserted:

‘Article 5ba

the European Parliament and of

1.
In the case of a genetically modified variety within
the meaning of points 1 and 2 of Article 2 of Directive
2001/18/EC of
the
Council of 12 March 2001 on the deliberate release into
the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (*),
the variety
shall be accepted only if all appropriate measures have
been taken to avoid adverse effects on human health
and the environment.

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

(a) a specific environmental risk assessment equivalent
to the assessment provided for in Directive 2001/
18/EC and in accordance with the principles set out
the information
in Annex II and on the basis of
specified in Annex III of
that Directive shall be
carried out;

those

regarding

and other

risk assessment
in particular

(b) the procedures intended to ensure the equivalence of
relevant
the
specific
requirements,
risk
management, labelling, and any monitoring required,
public information and a safeguard clause with those
established by Directive 2001/18/EC shall be intro-
from the Commission, by a
duced, on a proposal
Regulation of
the
Council. Pending the entry into force of that Regula-
tion, genetically modified varieties shall be accepted
for inclusion in a national catalogue only when they
have been accepted for marketing in accordance
with Directive 2001/18/EC;

the European Parliament and of

(c) Articles 13 to 24 of Directive 2001/18/EC shall no
longer apply to genetically modified varieties of vine
authorised
the Regulation
conformity with
referred to in point (b).

in

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

(a) present a danger for the consumer;

(b) mislead the consumer;

10. the following Article shall be inserted:

‘Article 5g

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

shall

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

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

(c) differ from the foods or food ingredients which they
are intended to replace to such an extent that their
normal consumption would be nutritionally disad-
vantageous for the consumer.

4. Where maintenance is carried out
in a Member
State other than that in which the variety was accepted,
the Member States in question shall assist each other
administratively as regards control.’;

Where products derived from one of
the varieties
referred to in this Directive is intended for use as a
food or food ingredient covered by Regulation (EC) No
258/97, the variety shall be accepted only if the food or
food ingredient has already been authorised in accord-
ance with that Regulation.

(*) OJ L 106, 17.4.2001, p. 1.
(**) OJ L 43, 14.2.1997, p. 1.’;

7. Article 5c shall be replaced by the following:

‘Article 5c

Member States shall ensure that varieties and, where
applicable, clones coming from other Member States are
subject to the same requirements as those which apply
to domestic varieties or clones,
in particular as regards
the acceptance procedure.’;

11. Article 7 shall be replaced by the following:

‘Article 7

Member States shall provide that, while growing and
during lifting, or removal from the parent vine, pack-
aging, storage and transportation, propagation material
in separate batches and be marked with the
be kept
in the case of original
variety and, where applicable,
propagating materials,
certified
and
material, with the clone.’;

basic material

12. Article 8(2) shall be replaced by the following:

By way of derogation from paragraph 1 as regards
‘2.
the Commission shall
packaging, sealing and marking,
determine,
in accordance with the procedure laid down
in Article 17(2), the provisions applicable to the sale of
small quantities to final consumers and also to market
vines in pots, crates or boxes.’;

13. Article 9 shall be replaced by the following:

8. Article 5e(2) shall be replaced by the following:

‘Article 9

‘2.
All applications or withdrawals of applications for
acceptance of a variety, entries in a catalogue of vari-
eties and amendments made to it shall
immediately be
communicated to the other Member States and to the
Commission. On the basis of the notifications from the
Member States, the Commission shall publish a common
catalogue of varieties.’;

9. the following Article shall be inserted:

‘Article 5f

the packaging showing signs of

label referred to in Article 10(1) or,

Member States shall require packages and bundles of
propagating material to be sealed officially or under offi-
cial supervision in such a manner that they cannot be
opened without damaging the seal or without the offi-
in the case of
cial
packaging,
tampering.
To ensure proper
sealing device must
label or an official
comprise at least either the official
seal. A decision may be taken in accordance with the
procedure laid down in Article 17(2) as to whether a
specific sealing device meets the requirements of
this
Article. Further sealing may take place only officially or
under official supervision.’;

sealing,

the

Member States
shall ensure that genetically modified
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 and states the purpose of the modi-
fication.’;

14. Article 10 shall be replaced by the following:

‘Article 10

1.
The Member States shall require that an official
label in one of the official languages of the Community,
conforming to the specification in Annex IV, be affixed
on the outside of packages and bundles of propagating

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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 certi-
fied 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 charac-
teristics, using a single label conforming to the specifica-
the packages or
tion in Annex IV.
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.

In such cases,

3. Without prejudice to Article 23(2) of Regulation
(EC) No 1493/1999, Member States may require that
each delivery of material produced within their terri-
tories also be accompanied by a uniform document
featuring the following particulars inter alia: the nature
of
the
clone,
the category, quantity, consignor and recipient.
The conditions to be set regarding this accompanying
document shall be established according to the proce-
dure provided for under Article 17(3) of this Directive.

the variety and, where applicable,

the goods,

The official

label provided for under paragraph 1
4.
may also include the phytosanitary accompanying docu-
ments, provided for
in Commission Directive 92/
105/EEC (*), which establishes a degree of standardisa-
tion for plant passports. However, all of the conditions
applicable to the official
labelling and plant passports
are defined and must be recognised as equivalent.

shall prescribe that

the official
5. Member States
labels must be preserved by the recipient of the material
for the vegetative propagation of the vine for at least
one year and made available to the official control
authority.

6.
By 23 February 2004, the Commission shall draw
up a report, together with proposals, if appropriate, on
the movement of material
the
labels and
vine and in particular on the use of official
the accompanying documents introduced by the Member
States.

for the propagation of

(*) OJ L 4, 8.1.1993, p. 22.’;

16. Article 11(2) shall be replaced by the following:

to the

‘2. Without prejudice
free movement of
material within the Community, Member States shall
take all necessary measures to ensure that the competent
authorities are supplied with the following particulars
during the marketing of propagating material
imported
from a third country:

(a) species (botanical name);

(b) variety and, where applicable, clone;

in the case of
rooted grafts, such information shall apply both to
the rootstock and to the top-graft cutting;

(c) category;

(d) nature of propagating material:

(e) country of production and official control authority;

(f) country of despatch, if different from the country of

production;

(g) importer;

(h) quantity of material.

in which these particulars are

The manner
to be
presented may be determined in accordance with the
procedure laid down in Article 17(2).’;

17. Article 12 shall be replaced by the following:

‘Article 12

Member States shall ensure that propagating material
marketed in accordance with this Directive, under either
compulsory or optional rules,
is not subjected to any
marketing restrictions as regards its characteristics, exam-
ination arrangements, marking and sealing other than
those laid down in this Directive.’;

18. Article 12a shall be replaced by the following:

‘Article 12a

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

15. the following Article shall be inserted:

19. Article 14(1) shall be replaced by the following:

‘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
and shall name the genetically modified organisms.’;

In order to eliminate any temporary difficulties in
‘1.
the supply of propagating material
in the Community
that cannot be overcome in any other way, a decision
may be taken in accordance with the procedure laid
should
down in Article 17(2)
authorise,
the marketing
for
throughout the Community's territory of such quantity
of propagating material of a category satisfying less
stringent requirements as is needed to overcome the
difficulties.’;

that Member States

specified

period,

a

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20. the following Article shall be inserted:

‘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(3), to organise temporary experiments under speci-
fied conditions at Community level.’;

it may be decided,

ance with the management procedure laid down in
Article 17(2):

— Article 2(1)(DA)(c), Article 3(3), Article 8(2), Article
9, Article 11(2), Article 14(1) and Article 15(2)(c).

Article 16b

The measures necessary for the implementation of this
Directive with regard to the matters contained in the
provisions referred to below shall be adopted in accord-
ance with the regulatory procedure laid down in Article
17(3):

— Article 2(1)(I), Article 3(5), Article 10(3) and Article

21. Article 15(2) shall be replaced by the following:

14a.’;

‘2.

the vegetative propagation of

(a) On a Commission proposal the Council, acting
shall determine whether
by qualified majority,
material
the
for
vine produced in a third country offers, as
regards the conditions for its acceptance and the
measures taken to ensure its production with a
the same guarantees as
view to its marketing,
material produced in the Community and meets
the requirements of this Directive.

(b) Furthermore,

the Council

shall determine the
types of material and the categories of material
for the vegetative propagation of
the vine that
may be admitted to marketing within the terri-
tory of the Community under point (a).

(c) Until the Council has taken a decision pursuant
to point
(a) and without prejudice to Council
Directive 2000/29/EC of 8 May 2000 on protec-
the introduction into the
tive measures against
to plants or
Community of organisms harmful
plant products and against
their spread within
the Community (*),
the Member States may be
authorised to take such decisions in accordance
with the procedure laid down in Article 17(2).
When doing so,
the
they shall
material to be imported offers guarantees equiva-
lent in every respect to those offered by material
for
vine
vegetative propagation of
produced in the Community in accordance with
this Directive. Such imported material shall
in
particular be accompanied by a document setting
the particulars prescribed in Article 11(2).
out

ensure

that

the

the

23. Article 17 shall be replaced by the following:

‘Article 17

1.
The Commission shall be assisted by the Standing
Committee on Seeds and Propagating Material for Agri-
culture, Horticulture and Forestry (hereinafter referred to
as the “committee”).

2. Where reference is made to this paragraph, Articles
4 and 7 of Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (*)
shall apply.

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

3. Where reference is made to this paragraph, Articles
5 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 5(6) of Decision 1999/
468/EC shall be two months.

4.

The committee shall adopt its rules of procedure.

(*) OJ L 184, 17.7.1999, p. 23.’;

24. References

to Article 17 appearing in Article 5d(2),
Article 14(3), Article 16, Article 17a and Article 18a
shall be deemed to be references to Article 17(2).

(*) OJ L 169, 10.7.2000, p. 1.’;

Article 2

Directive 74/649/EEC shall be repealed.

22. the following Articles shall be inserted:

‘Article 16a

Article 3

The measures necessary for the implementation of this
Directive with regard to the matters contained in the
provisions referred to below shall be adopted in accord-

Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 23 February 2003. They shall forthwith inform
the Commission thereof.

23.2.2002

EN

Official Journal of the European Communities

L 53/27

they shall
When Member States adopt
contain a reference to this Directive or shall be accompanied
by such reference on the occasion of their official publica-
tion. The methods of making such reference shall be laid
down by Member States.

these measures,

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

the main provisions of national

Article 4

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Communities.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 14 February 2002.

For the Council

The President

P. del CASTILLO