Report from the Commission to the Council on the results of application of Article 12 of Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants
Date: 2002-12-23
Institutions: European Commission
Subjects: horticulture, marketing, plant health control

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.12.2002
COM(2002) 761 final

REPORT FROM THE COMMISSION TO THE COUNCIL

On the results of application of Article 12 of Council Directive 98/56/EC of 20 July 1998
on the marketing of propagating material of ornamental plants

Article 12(1) last paragraph of Council Directive 98/56/EC of 20 July 1998 on the marketing
of  propagating  material  of  ornamental  plants  lays  down  that  "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  proposal  which  may,  if
appropriate, include proposals for removing requirements of this Directive from retail sales".

The  aim  of  this  report  is  to  evaluate  the  results  of  the  application  of  the  control  measures
foreseen  by  Article  12(1)  of  the  Council  Directive  and  to  submit  some  proposals  for
improving working of the legislation.

1.

INTRODUCTION

Article  12  lays  down  that  Member  States  shall  require  that  suppliers1  take  all
necessary  measures  to  guarantee  compliance  with  the  requirements  of  the  above
Directive on the marketing of propagating material of ornamental plants.

To  this  end,  Member  States  shall  ensure  that  propagating  material  is  officially
inspected to verify compliance with the requirements.

To fulfil this requirement two minimum conditions are listed:

– 

– 

Inspections shall be carried out at least by random checks;

Inspections  shall  be  carried  out  at  least  in  respect  of  marketing  to  persons
professionally  engaged  in  production  or  sale  of  ornamental  plants  and
propagating material.

Member  States  may  also  take  samples  in  order  to  verify  compliance  with  the
requirements.

In carrying out supervision and monitoring, the responsible official bodies shall have
free access to all parts of suppliers' establishments at all reasonable times.

To  permit  the  Commission  to  submit  a  comprehensive  and  up-to-date  report  to  the
Council,  a  specific  questionnaire  was  circulated  to  Member  States.  The  text  of  the
questionnaire  and  the  answers  were  examined  in  co-operation  with  experts  from
Member  States.  Herewith,  the  evaluation  of  the  fulfilment  of  the  two  above-
mentioned  minimum  conditions  is  described.  To  complete  the  overview  more
information is added in the attached Annex.

2.

GENERAL INFORMATION

All  Member  States  have  implemented  Council  Directive  98/56/EC.  All  Member
States  have  established  or  designated  the  authority  responsible  for  the  quality
requirements laid down by the Directive as the responsible official body (hereafter-
official  body).  The  legal  provisions  relating  to  this  Directive  have  been  put  into
practice by means of specific national legislation.

1

Suppliers (as defined in Article 2.2 of the Directive):any natural or legal person engaged professionally
in marketing or importing of propagating material.

2

                                                
Overall organisation of the responsible official body

The number of staff (inspectors and administrative personnel expressed in full-time
equivalents)  employed  by  the  official  body  under  the  provisions  of  Directive
98/56/EC and its implementing measures are considered to be adequate in relation to
the  value  of  the  propagating  material  of  ornamental  plants  in  the  Member  State
concerned.  Inspectors  must  have  the  equivalent  of  a  Degree  or  Diploma  in
Agriculture,  Horticulture  or  a  related  biological  science  degree  and  relevant
experience.  A  qualification  from  an  agricultural  school  or  similar  technical
qualification is required for auxiliary staff, where these are employed. In the majority
of  Member  States  staff  are  trained  and  regularly  attend  general  and  technical
refresher courses.

3.

CARRYING OUT OF INSPECTIONS (ARTICLES 12 AND 13)

Member  States'  official  bodies  make  annual  work  plans  for  their  inspection
programmes,  which  are  reviewed  periodically.  Formal 
internal  or  external
assessments  of  the  official  body’s  work  are  usually  undertaken.  In  the  majority  of
Member States inspectors use a manual for inspections.

Registered  suppliers  are  periodically  inspected  to  check  compliance  with  the
requirements for propagating material (Articles 6 to 9). Inspectors usually assess how
suppliers  identify  and  monitor  the  critical  points  in  the  production  process  which
influence the quality of the material (in particular health and external quality). They
also check the monitoring information kept by suppliers, how and why samples are
taken  and  how  it  is  ensured  that,  during  production,  lots  of  propagating  material
remain separately identifiable. Where material is being marketed, a further objective
is to ensure that the record keeping, labelling and variety identification requirements
are  complied  with,  and  that  propagating  material  is  being  marketed  in  identifiable
lots.

Where  necessary,  samples  are  taken  during  the  inspections,  mainly  to  check  plant
health (identification of quality harmful organisms "non quarantine regulated pests").
The  necessity  to  check  quality  aspects  such  as  the  identity  of  propagating  material
occurs less frequently. A manual for sampling has been adopted  by the majority of
the official bodies.

3

In  the  case  of  the  appearance  or  suspected  presence  of  a  harmful  organism  on  the
premises of a supplier, as outlined in Directive 2000/29/EC (Plant Health Directive)2,
the supplier is required to report it to the responsible official body and to carry out
any  necessary  measures  laid  down  by  that  body.  If  symptoms  or  signs  of  harmful
organisms are discovered during an official inspection, the inspectors inform both the
responsible  official  body  and  the  supplier  of  any  necessary  measures  to  be  taken.
Where  appropriate,  (presence  of  harmful  organisms  impairing  the  quality  of
propagating material) a follow up visit will take place.

4.

PERSONS NOT PROFESSIONALLY ENGAGED

Concerning  retailers  and  persons  not  professionally  engaged,  the  Member  States
have  adopted  different  implementing  measures.  These  measures  have  been
successful in preventing problems in these areas.

Retailers  and  persons  not  professionally  engaged  have  been  informed  by  various
means about the requirements of the current Directive. These means include: orders
or circulars about plants, information given directly to different organisations (such
as  trade  associations),  publications  in  growers  magazines,  visits  by  inspectors,
sending  information  upon  request.  Retailers  or  persons  not  professionally  engaged
are officially inspected either by on the spot checks or, in the case of complaints as a
follow up. In a few Member States (four) there are generally no inspections carried
out under this Directive of the retailer or person not professionally engaged, however
their activities are still monitored under trading legislation.

Inspectors can take samples when they have doubts about the quality of material. If
material is found that does not fulfil the requirements, tracing back to the supplier is
a  regular  procedure.  The  majority  of  samples  taken  are  flower  seeds,  bulbs  and
young plants, in particular roses. Non-conformity has been found in only a few cases.

Article 12 of the Directive provides the legal basis for monitoring the complete chain
of production of ornamental plant propagating material. The appropriate documents
accompanying  plant-propagating  material  to  the  retailers  (required  by  Article  8)
permit  a  rapid  and  reliable  trace  back  in  the  limited  cases  where  problems  are
identified.

It is clearly understood that the aim of this legislation is to control the marketing of
ornamental plant propagating material, particularly for professional use. However, it
seems  that,  from  the  information  received,  few  problems  have  arisen  with  material
retailed for private use by the final consumer, and such trade is still monitored either
under  Directive  98/56  or  through  general  trading  law.  Therefore,  customers  are
adequately protected.

2

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the
Community  of  organisms  harmful  to  plants  or  plant  products  and  against  their  spreading  within  the
Community.

4

                                                
5.

CONCLUSIONS AND PROPOSALS

Council Directive 98/56/EC on the marketing of propagating material of ornamental
plants  introduced  a  new  approach  compared  to  the  previous  legislation  in  this  area
and  the  other  legislation  on  the  marketing  of  seed  and  propagating  material.  In
particular:

– 

– 

– 

It is  now  the  responsibility  of  the  suppliers  of  propagating  material  to  ensure
that their products fulfil the conditions laid down in the Directive;

The  role  of  the  competent  authorities  of  the  Member  States  is  to  ensure  that
suppliers fulfil those conditions;

Community  rules  for  all  genera  and  species  of  ornamental  plants  in  the
Community  are  established  (with  the  exception  of  those  covered  by  Council
Regulation (EC) No 338/97 of 9.12.1996 on the protection of species of  wild
fauna and flora by regulating trade therein);

–  Member States have encountered some difficulties in transposing the Directive
as the reorganisation of services and the training of staff takes time. A specific
problem  has  been  the  delay  in  transposition  (average  delay  of  6.5  months).
Consequently,  it  should  be  possible  to  accomplish  an  exhaustive  and  more
conclusive  evaluation  of  the  operations  and  control  arrangements  that  have
been  put  in  place  to  fulfil  the  requirements  of  the  above  Directive  in  the
medium term (5 years). The present report, prepared in close co-operation with
the  Member  States'  official  bodies,  should  be  considered  as  a  preliminary
evaluation.

The experience achieved during the first period of application demonstrates that the
basic  items  are  in  place  (i.e.  identification  of  official  bodies,  administrative  and
technical  procedures).  In  this  area,  the  level  of  harmonisation  amongst  Member
States can be considered acceptable.

Although very few problems have been identified or reported to official bodies since
the implementation of the Directive, clearly the existence of even a limited number
of such cases suggests that some technical aspects related to the requirements to be
met  by  suppliers  of  propagating  material  could  be  further  improved  (e.g.
identification  and  monitoring  of  critical  points,  labelling,  identification,  health  and
external quality of propagating material).

5

One means of assessing whether such improvements occur is through tests and trials.
Under the provisions laid down by the Directive (Article 14) it is proposed that the
Commission will continue to ensure that the arrangements for co-ordinating, carrying
out,  inspecting  and  possibly  financing3  tests  and  trials  are  in  place.  The  tests  and
trials aim at harmonising technical methods of examination of propagating material
and  ensuring  that  propagating  material  complies  with  the  requirements  and
conditions of the Directive. The tests and trials on roses, carnations and Pelargonium
carried  out  under  the  requirements  of  the  former  Directive  91/682/EEC  produced
interesting  results  which  were  discussed  by  the  relevant  Standing  Committee  and
which improved the mutual confidence amongst the Member States.

The main conclusions are that:

–  Member States should continue their efforts in improving the control system by
on  the  spot  checks,  sampling  and  testing  to  verify  compliance  with  the
requirements.

–  Member States should continue to encourage suppliers to improve their efforts
to  fully  understand  their  new  role  and  to  improve  the  quality  level  of
propagating material for the production  of  ornamental  plants,  which  occupies
an important place in the agriculture of the Community.

– 

The  official  bodies  of  the  Member  States  consider  that  the  requirements
concerning  the  retail  trade  are  important  for  the  protection  of  the  final
consumer  both  from  the  economic  point  of  view  i.e.  goods  true  to  type
(confidence  in  the  market  and  economic  protection  of  consumer)  and
concerning plant health and the related practices to achieve this.

Based  on  the  general  opinion  expressed  by  the  official  bodies,  the  Commission
proposes  that  all  the  requirements  for  the  operation  of  the  control  arrangements
foreseen  in  Article  12  should  be  maintained,  as  well  as  the  requirements  for  retail
sales  which  are  regarded  as  an  essential  tool  for  transparency  permitting  the
consumers (professionals/amateurs) to receive good quality, true to type and healthy
material.

3

A draft proposal (2002/0232(CNS)) amending the relevant Directives to create a clear legal basis for the
Community  financial  contribution  in  the  interest  of  transparency  has  been  presented  by  the
Commission.

6

                                                
ANNEX

1.

TESTS AND TRIALS (ARTICLE 14)

In the majority of Member States where ornamental plant production is an important
business,  samples  taken  from  the  market  are  submitted  for  tests  and/or  trials  as
foreseen in Article 14 to check compliance with the quality requirements.

Samples  are  examined  by  official  bodies  which  are  either  the  designated  authority
responsible  for  the  quality  requirements  laid  down  by  the  Directive  or  bodies  co-
operating  on  the  basis  of  agreements.  Usually  the  bodies  responsible  for  tests  and
trials follow a quality system.

The results of sampling revealed only a few cases where quality problems had been
found. Concerning plant health, the most frequent cases refer to roses, Pelargonium,
perennials  and  bulbs  (e.g.  Narcissus,  Freesia,  Lilium).  The  most  frequent  pests  are
viruses  (mosaic  in  particular),  bacteria  (Agrobacterium  and  Xanthomonas),  fungi
(Botrytis,  Fusarium,  Verticillium)  and  insects  (in  particular  Thrips  and  leafminers).
Concerning  other  quality  issues,  the  most  frequent  cases  were  identity  problems,
incorrect  naming  and  insufficient  trueness-to-type  which  were  found  on  roses,
perennials (e.g. Hosta and Hemerocallis) and flowers propagated by seeds.

2.

CORRECTIVE  ACTION  IN  THE  PROPAGATING  MATERIAL  OF  ORNAMENTAL  PLANTS
SECTOR (ARTICLE 13)

As a follow up to inspections or tests and trials:

The  corrective  action  required  depends  on  the  severity/complexity  of  the  problem.
For straightforward matters, the inspector visiting the premises may issue immediate
instructions.  For  more  complex  matters  requiring  a  follow  up  (e.g.  new  pests,
infringements) the matter is referred to senior inspectors who may, where necessary,
seek  advice  from  Headquarters  (principal  inspectors  and  policy  colleagues)  to  take
the appropriate action.

As a follow up to complaints from customers:

The official body requires direct corrective action to be taken by suppliers if they are
located in the same Member State. In the case of suppliers located in other Member
States, the official body informs the official body of the Member State of the supplier
concerned.

When complaints about the quality of propagating material are received, the official
body checks whether the complaint is indeed related to or caused by the propagating
material  as  it  was  supplied.  If  there  is  evidence  that  material  of  incorrect  identity,
health  or  quality  was  supplied,  the  supplier  and  customer  are  informed  about  this
fact. The supplier must then take measures to solve the problem and is advised how
to prevent a repetition of the problem.

7

It must be emphasised that a very low number of complaints have been received by
official  bodies  from  customers  where  corrective  action  was  required.  The  most
frequent  cases  refer  to  the  absence  of  accompanying  documents  or  to  documents
presented  by  nurseries/customers  where  it  is  unclear  whether  the  supplier  is  a
registered  nursery.  Some  cases  refer  to  quality  problems  like  plant  health  and
complaints about the poor growth of rootstocks or the poor quality of cuttings/young
plants. The main species involved are roses, Pelargonium, Prunus spp. and bulbs.

The  most  frequent  measures  proposed  are:  treatment  against  pests,  withdrawal  of
material  from  trade,  destruction,  improvement  of  the  internal  quality  system,
improvement  of  labelling  of  material,  increased  training  of  operators.  The  official
body  verifies  the  implementation  of  corrective  action  to  be  taken  by  subsequent
inspections and checks.

3.

TRACEABILITY

Registration of suppliers (Article 6)

To  ensure  an  appropriate  traceability  (trace  back  and  trace  forward)  suppliers  are
required to be registered in accordance with Article 6 of the Directive. To permit the
harmonised  application  of  traceability  by  the  suppliers,  registration  forms  are
prepared by the official bodies. The details that may be recorded  by official bodies
include:

– 

– 

– 

– 

– 

– 

Name and relevant addresses of supplier (offices, premises),

Description of activities (production, treating, sale of material),

Description of crops, places of production,

Annual  records  of  premises,  varieties/lots  grown  and  origin  of  propagating
material,

Administrative  obligations 
buying/selling),

(register  of  crop  protection, 

register  of

Proper identification of material in the nursery.

Suppliers  must  first  satisfy  themselves  that  they  are  capable  of  meeting  the
requirements  of  the  Directive.  A  registration  number  is  then  generated.  For
businesses  previously  accredited  under  Directive  91/682,  the  registration  number
may  be  the  same  as  the  previous  accreditation  number.  The  same  procedure  is
adopted for suppliers already registered under Directive 2000/29/EC (as foreseen by
Article  6(1)).  Where necessary, telephone calls  or  visits to the  premises  are  carried
out  by  the  official  body  to  establish  that  the  applicant  is  able  to  meet  the
requirements of the Directive.

The validity of a registration is indefinite in the majority of Member States. In others
it is annual and automatically renewable, provided that certain conditions are met.

8

In  particular  circumstances  the  registration  can  be  withdrawn.  Inspectors  work
closely  with  businesses  to  avoid,  where  possible,  the  situation  where  standards
deteriorate to the extent that suspension or revocation of a registration is necessary.
Suspension  may  be  considered  where  there  has  been  a  serious,  but  temporary,
neglect of the Directive’s requirements. A Notice can be issued to the supplier by the
inspector  or  by  the  official  body  and  the  inspector  checks  if  standards/procedures
have  been 
in  extreme
improved.  Revocation  would  be  considered  only 
circumstances,  such  as  a  deliberate  disregard  of  the  Directive’s  requirements  with
little likelihood of improvement.

The registration records are available to the authorities but are usually unavailable to
the  public.  However  the  list  of  registered  suppliers  (registration  number,  name,
place)  is  publicly  accessible  directly  or  under  request  in  the  majority  of  Member
States.

Measures taken by suppliers (Article 7)

Generally  suppliers  take  measures  laid  down  in  Article  7  of  the  Directive  in  an
appropriate  manner.  In  the  case  of  doubts  about  plant  health,  the  suppliers  take
samples  to  be  submitted  for  analysis  by  agreed  laboratories.  In  the  majority  of
Member  States  these  laboratories  are  official  laboratories  or  laboratories  working
under an official agreement and following a quality system.

The  suppliers  ensure  that,  during  production,  lots  of  propagating  material  remain
separately  identifiable  by:  keeping  records  in  the  register  of  crop  production,
labelling propagating material along the production line, physical separation between
batches, and the preparation of a plan of the nursery or greenhouse.

Suppliers  must  inform  the  official  body  immediately  if  harmful  organisms  as
foreseen by Directive 2000/29/EC are present.

The official bodies report to have received few complaints from customers regarding
non-compliance with the checks required.

Those  complaints  which  are  received  refer  particularly  to  identity  problems,  plant
health and  the external quality  of  plant  propagating  material  of  roses,  Pelargonium
and perennials. An appropriate follow up (e.g. survey of the nursery, trace back) is
done by the official bodies where necessary.

9

EXPLANATORY MEMORANDUM

Article 12(1) last paragraph of Council Directive 98/56/EC of 20 July 1998 on the marketing
of  propagating  material  of  ornamental  plants  lays  down  that  "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  proposal  which  may,  if
appropriate, include proposals for removing requirements of this Directive from retail sales".

The  aim  of  this  report  is  to  evaluate  the  results  of  the  application  of  the  control  measures
foreseen  by  Article  12(1)  of  the  Council  Directive  and  to  submit  some  proposals  for
improving the legislation.

To permit the Commission to submit a comprehensive and up-to-date report to the Council, a
specific questionnaire was circulated to Member States. The text of the questionnaire and the
answers  were  examined  in  co-operation  with  experts  from  Member  States.  Herewith  the
evaluation of the fulfilment of the two minimum conditions above mentioned is described. To
complete the overview more information is added in the attached Annex.

10