Commission Directive 2005/17/EC of 2 March 2005 amending certain provisions of Directive 92/105/EEC concerning plant passports
Date: 2005-03-02
Institutions: European Commission
Subjects: labelling, plant health control, protection of plant life, seed, transport document

3.3.2005

EN

Official Journal of the European Union

L 57/23

COMMISSION DIRECTIVE 2005/17/EC

of 2 March 2005

amending certain provisions of Directive 92/105/EEC concerning plant passports

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to 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
their spread within the Community (1), and in
and against
particular the second subparagraph of Article 2(1)(f), and the
second subparagraph of Article 10(1) thereof,

Whereas:

(1)

(2)

(3)

(4)

Under Commission Directive 92/105/EEC of 3 December
1992 establishing a degree of standardisation for plant
passports to be used for the movement of certain plants,
plant products or other objects within the Community,
and establishing the detailed procedures related to the
issuing of such plant passports and the conditions and
replacement (2), certain
for
detailed procedures
their
relating to the issuing of plant
detailed procedures
passports have been established.

New provisions should be introduced considering the
labels issued in accordance with Community provisions
applicable to the marketing of some officially certified
seed meeting the relevant
requirements of Directive
2000/29/EC, to be plant passports.

It appeared that many Member States already use labels
without the indication ‘EC-plant passport’ for the coming
season 2004 to 2005. It is appropriate to lay down rules
for the use of labels during a transitional period.

Directive 92/105/EEC provides that the plant passports
are to contain certain information including the wording
‘EEC plant passport’. Since the adoption of the Treaty on
European Union, the Community is now known as the
‘European Community’, with the corresponding abbre-
viation ‘EC’, so that wording should be amended to ‘EC
plant passport’.

(5)

Directive 92/105/EEC should therefore be amended
accordingly.

(1) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Directive

2004/102/EC (OJ L 309, 6.10.2004, p. 9).

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

(6)

(7)

The system using the above labels should be reviewed by
31 December 2006 to take into account the experiences
gained.

The measures provided for
accordance with
Committee on Plant Health,

the

in this Directive are in
Standing
the

of

opinion

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 92/105/EEC is amended as follows:

1. Article 1(2) is amended as follows:

(a) point (c) is replaced by the following:

‘(c)

the

label

provides

evidence

the official

in the case of
tubers of Solanum tuberosum L.,
intended for planting, as listed in point 18.1 of
Section II of Part A of Annex IV to Council
Directive 2000/29/EC (*),
label defined
in Annex III to Council Directive 2002/56/EC (**)
may be used in place of a plant passport provided
the
that
requirements referred to in Article 6(4) of Directive
2000/29/EC are complied with (after 31 December
2005, this label must indicate the words “EC plant
passport”); compliance with the provisions governing
the introduction of tubers of Solanum tuberosum L.,
intended for planting into, and their movement
within, a protected zone recognised in respect of
harmful organisms relating to those tubers, shall be
noted either on the label or on any other trade
document.

that

___________

(*) OJ L 169, 10.7.2000, p. 1.
(**) OJ L 193, 20.7.2002, p. 60.’

(b) the following points (d), (e) and (f) are added:

‘(d) in the case of seeds of Helianthus annuus L., listed in
point 26 of Section II of Part A of Annex IV to
Directive 2000/29/EC, the official
label defined in
Annex IV to Council Directive 2002/57/EC (*) may
be used in place of a plant passport provided that
the label provides evidence that
the requirements
referred to in Article 6(4) of Directive 2000/29/EC
are complied with (after 31 August 2005, this label
must indicate the words “EC plant passport”).

L 57/24

EN

Official Journal of the European Union

3.3.2005

(e)

(f)

in the case of seeds of Lycopersicon lycopersicum (L.)
Karsten ex Farw. and Phaseolus L., listed in points 27
and 29 of Section II of Part A of Annex IV to
Directive 2000/29/EC, the official
label defined in
Annex IV A to Council Directive 2002/55/EC (**)
may be used in place of a plant passport provided
that
the
requirements referred to in Article 6(4) of Directive
2000/29/EC are complied with (after 31 August
2005, this label must indicate the words “EC plant
passport”).

evidence

provides

label

that

the

in the case of seeds of Medicago sativa L., listed in
points 28.1 and 28.2 of Section II of Part A of
the official
Annex IV to Directive 2000/29/EC,
label defined in Annex IV Part A to Council
Directive 66/401/EEC (***) may be used in place of
a plant passport provided that the label provides
evidence
referred to in
Article 6(4) of Directive 2000/29/EC are complied
with (after 31 August 2005, this label must indicate
the words “EC plant passport”).

requirements

that

the

___________
(*) OJ L 193, 20.7.2002, p. 74.
(**) OJ L 193, 20.7.2002, p. 33.
(***) OJ 125, 11.7.1966, p. 2298/66.’

Article 2

The system whereby the labels referred to in Article 1(1) are
used shall be reviewed by 31 December 2006.

Article 3

1. Member States shall adopt and publish, by 14 May 2005
at the latest, the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall apply these
provisions from 15 May 2005.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of their official publication. Member
States shall determine how such reference is to be made.

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

Article 4

This Directive shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

Article 5

This Directive is addressed to the Member States.

2. Article 4 is deleted.

Done at Brussels, 2 March 2005.

3. In the Annex, point 1 is replaced by the following:

‘1. “EC plant passport” (for a transitional period expiring on
1 January 2006, the wording “EEC plant passport” may
be used).’

For the Commission

Markos KYPRIANOU
Member of the Commission