Proposal for a Council Directive on the marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version) {SEC(2007)93} {SEC(2007)94}
Date: 2007-01-29
Institutions: European Commission
Subjects: common agricultural policy, fruit-growing, marketing, plant health control, plant propagation, simplification of legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.1.2007 
COM(2007) 31 final 

2007/0014 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the marketing of fruit plant propagating material and fruit plants intended for fruit 
production 

(Recast version) 

{SEC(2007)93} 
{SEC(2007)94} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

(cid:121) 

Grounds for and objectives of the proposal 

Community legislation on the marketing of fruit plant propagating material and 
fruit  plants  intended  for  fruit  production  was  adopted  in  1992  to  establish 
harmonised  conditions  at  Community  level  to  ensure  that  purchasers 
throughout the Community receive propagating material and fruit plants which 
are healthy and of good quality. Since its adoption, it has proven to be a simple 
but effective tool enabling the harmonisation of the internal market. 

In the meantime, the reform of the Common Agricultural Policy in June 2003 
and April 2004 introduced major changes likely to have a significant impact on 
the  economy  in  terms  of  agricultural  product  patterns,  land  management 
methods,  employment  and  the  wider  social  and  economic  conditions  in  rural 
areas.  

To  support  the  new  policy  appropriate  measures  have  been  adopted.  In 
particular  Regulation  (EC)  No  1698/2005  introduced  the  legal  basis  for  the 
adoption of rules for the strategic approach to rural development and to define 
the Community’s strategic guidelines.  

Within  the  objectives  defined  in  the  Rural  Development  Regulation,  the 
strategic  guidelines  focus  on  a  more  limited  set  of  priorities  in  line  with 
Community objectives, particularly as regards growth, jobs and sustainability.  

In  this  context,  it  is  appropriate  to  review  the  legislation  on  the  marketing  of 
seed and propagating material and in particular the legislation on the marketing 
of fruit plant propagating material.  

Two objectives can be identified:  

(a)  To clarify and simplify the regulatory framework in which business 

operates 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great 
importance to simplifying and clarifying Community law so as to make it 
clearer  and  more  accessible  to  the  ordinary  citizen,  thus  giving  him/her 
new  opportunities  and  the  chance  to  make  use  of  the  specific  rights  it 
grants. 

This  aim  can  be  achieved  only  by  a  substantial  revision  of  the  existing 
legislation  on  the  marketing  of  fruit  plant  propagating  material  with 
particular  reference  to  definitions  to  which  the  Directive  applies, 
requirements to be met, identification of material and exemptions e.g. a 
new  definition  of  marketing  covering  all  the  actions  concerning  the 
commercial exploitation of propagating material and fruit plants. 

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(b)  To improve the legislation based on technical and scientific progress 
and to the new marketing environment in line with the new Common 
Agricultural Policy 

Based  on  technical  and  scientific  progress,  clear  definitions  of  the 
subjects to which this Directive applies (category, type of material) and 
clear  conditions  to  be  satisfied,  to  respond  to  the  new  consumers’  and 
industry’s  needs  are  introduced.  That  will  permit  the  harmonisation  of 
this Directive with the other Directives on the marketing of propagating 
material which have recently been amended in the framework of the new 
Common Agricultural Policy. 

In addition, the existing conditions do not facilitate the adoption of clear 
and  easily  applicable  rules  for  equivalence  with  third  countries.  At  the 
moment, importation is subjected to temporary derogations which do not 
satisfy  both  Member  States  authorities  and  traders.  In  fact,  some  rules 
which  refer  to  propagating  material  and  the  accreditation  of  suppliers 
create unnecessary obligations and do not give sufficient guarantees for 
the quality of material (e.g. identity of variety and health status). 

• 

General context 

In  the  past  the  legislation  on  the  marketing  of  propagating  material  of  vine, 
forest  plants,  fruit  plants  and  ornamental  plants  was  adopted1  based  on 
harmonised  principles  and  current  knowledge.  In  the  meantime,  the  scientific 
and  technical  knowledge  has  been  greatly  improved  upon.  For  that  reason 
Directives  on  the  marketing  of  ornamental  plant  propagating  material,  forest 
reproductive  material  and  vine  propagating  material  have  recently  been 
redrafted and harmonised2.  

As regards the legislation on the marketing of fruit plants, numerous provisions 
that  have  been  amended  several  times,  often  quite  substantially  are  scattered, 
so that they must be sought partly in the original instrument and partly in later 
amended ones.  

New  breeding  and  vegetative  propagation  technologies  which  have  been 
developed  over  recent  years  are  not  covered  by  existing  legislation.  These 
technologies  permit  a  more  precise  and  less  expensive  control  of  quality 
characteristics, e.g. identity of variety and plant health status. The absence of a 
definition  of  variety  and  the  absence  of  a  common  catalogue  permit  the 
marketing  of  the  same  material  under  different  variety  names.  Obsolete 
definitions and conditions for the lowest category of material (CAC material) 
allows the marketing of plants which neither perform as expected in terms of 
production of fruit or health status. 

1 

2 

In  the  year  1966  for  forest  reproductive  material  –Dir  66/404/EEC,  in  1968  for  vine  propagation 
material – Dir 68/193/EEC, in 1991 for ornamental plants – Dir 91/682/EEC and in 1992 for fruit plants 
propagating material – Dir 92/34/EEC. 
In  the  year  1999  for  forest  reproductive  material  –Dir  1999/105/EC,  in  2002  for  vine  propagation 
material  –  Dir  2002/11/EC  and  new  codification  in  the  pipeline,  in  1998  for  ornamental  plants  –  Dir 
98/56/EC. 

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• 

Existing provisions in the area of the proposal 

At  present,  one  legal  instrument  governs  the  marketing  of  fruit  plant 
propagating material: 

Council  Directive  92/34/EEC  on  the  marketing  of  fruit  plant  propagating 
material and fruit plants intended for fruit production 

• 

Consistency with the other policies and objectives of the Union 

Particular attention has been given to avoid duplication with actions carried out 
under  other  Community  instruments  and  policies,  in  particular  in  the 
framework of the Common Agricultural Policy. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

• 

Consultation of interested parties 

Consultation  methods,  main  sectors 
respondents 

targeted  and  general  profile  of 

In  preparing  this  proposal,  the  Commission  consulted  the  Member  States  and 
other  stakeholders  through  a  public  consultation  process.  A  discussion  paper 
and a questionnaire were posted on the internet and a consultation meeting was 
convened. 

Summary of responses and how they have been taken into account 

The  consultation  process  revealed  widespread  support  for  the  overall  policy 
objective  to  improve  and  up-date  the  existing  instruments.  The  respondents 
expressed general agreement with the objectives identified in the consultation 
paper  and  supported  the  Commission's  approach  to  build  upon  the  existing 
instrument  rather  than  to  create  new  tools.  Others  expressed  doubts  as  to  the 
appropriateness of the proposed format i.e. a Directive instead of a Regulation. 

Some respondents remarked on the need to improve the technical conditions to 
be fulfilled. Others focused on the need to respect the principles of subsidiarity 
and  to  maximise  added  value  at  EU  level.  Some  Member  States  also 
emphasised  the  need  to  ensure  coordination  and  complementarity  between 
scientific  and  technical  progress  and  the  Community  rules.  All  of  these 
responses were taken into account. 

An  open  consultation  was  conducted  over  the  internet  from  21/02/2006  to 
21/04/2006.  The  results  are  available  in  Annex  IV-III  of  the  Draft  Impact 
Assessment. 

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• 

Collection and use of expertise 

There  was  no  need  for  external  expertise.  The  proposal  benefited  from 
experience  gained  in  meetings  with Member  States  (Standing  Committee  and 
Working Groups). 

• 

Impact assessment 

Four options have been considered in the preparation of this proposal. 

Option A - Repealing of the existing legislation. 

At  the  moment  this  option  cannot  be  supported  due  to  the  risk  of  different 
approaches  in  the  Member  States  which  could  create  conflict  in  the  internal 
market.  

Option B - No Action keeping the existing legislation. 

Based  on  our  experience  to  date,  this  option  is  not  acceptable  for  technical 
reasons as some definitions and conditions are obsolete, thus the weak points 
identified by experts and Member States will remain unresolved.  

Option C - Alternative regulation 

Theoretically this option could be acceptable. In practice, due to the particular 
organisation of the market (e.g. thousands of suppliers involved in and grouped 
in  several  professional  organisations,  a  low  number  of  firms  with  a  large 
business  specialising  in  fruit  plant  propagating  material3,  breeding  or 
reproduction, the remaining firms are small and/or the fruit plant propagating 
material  production  is  not  their  most  important  business),  the  proposal  for 
alternative regulation/self regulation is not realistic.  

Option D - Simplification of the existing legislation. 

The  recasting  of  Directive  92/34/EEC  is  a  necessary  requisite  for  a  more 
efficient  and  transparent  functioning  of  the  internal  market  for  fruit  plant 
propagating  material.  A  framework  Directive  was  decided  on  as  the  legal 
solution  since  it  can  easily  be  transposed  by  the  Member  States,  the  relevant 
implementing measures can be adopted, where appropriate, and in some cases, 
other  non-legislative  measures  can  also  be  decided.  The  basic  approach  to 
attain the objectives is as follows:  

– 

Adoption of a harmonised approach for propagating material certification 
(new definitions, new conditions to be met),  

3 

Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended 
for the propagation and production of fruit plants. 

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– 

– 

Creation  of  a  legal  basis  for  increased  guarantees  of  the  material 
marketed  in  relation  to  variety  identification,  genetic  resources  and 
biodiversity, 

Transfer to the implementing measures all the detailed rules to increase 
their  harmonisation  and  management  (e.g.  rapid  up-dating  of  technical 
conditions). 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the proposed action 

This  proposal  is  a  recasting  of  Council  Directive  92/34/EEC,  in  line  with  the 
Inter-Institutional  Agreement  on  the  recasting  technique  for  legal  acts.  
It  incorporates  in  a  single  text  both  the  substantive  amendments  it  makes  to 
Council  Directive  92/34/EEC,  and 
thereof.  
The  proposal  would  replace  and  repeal  this  Directive.  This  would  help  make 
Community legislation more accessible and transparent. 

the  unchanged  provisions 

• 

Legal basis 

According  to  Article  37  of  the  Treaty  establishing  the  European  Community, 
the  activities  of  the  Community  are  to  include  measures  implementing  the 
common agricultural policy. 

This legal  basis  provides for consultation procedure, i.e., acting  by  a qualified 
majority on a proposal from the Commission and after consulting the European 
Parliament. 

• 

Subsidiarity principle 

The measures foreseen by this proposal are based on Article 37 of the Treaty, 
therefore the principle of the subsidiarity does not apply. 

• 

Proportionality principle 

The  proposal  complies  with  the  proportionality  principle  for  the  following 
reason(s). 

The proposal does not go beyond what is necessary to achieve the objectives. It 
addresses  shortfalls  that  have  been  identified  in  past  interventions  and  builds 
upon  the  successive  mandates  given  by  the  European  Council  and  the 
European Parliament. 

The administrative burden falling upon the Community and national authorities 
is limited and does not go beyond what is required to allow the Community to 
ensure an effective internal market. 

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• 

Choice of instruments 

Proposed instruments: Council Directive. 

Other means would not be adequate for the following reason(s): 

A  recasting  of  Council  Directive  92/34/EEC,  can  only  be  achieved  through  a 
Council Directive. 

4. 

BUDGETARY IMPLICATION 

The  proposal  is  a  recast  of  an  existing  legislation.  As  far  as  the  EU  budget  is 
concerned,  the  financial  impact  is  limited.  In  addition,  the  proposal  has  not  new 
implications for the Community budget. 

5. 

ADDITIONAL INFORMATION 

• 

Simplification 

The proposal provides for simplification of legislation. 

The  use  of  the  recasting  technique  allows  the  Community  to  combine  in  a 
single text both the substantive amendments proposed to the Council Directive 
and  the  unchanged  provisions  thereof.  Moreover,  the  original  text  of  the 
Directive has been improved and clarified in the interests of better regulation. 
This  has  resulted  in  deletions  and  modifications,  which  do  not  affect  the 
substance of the Directive. 

• 

Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

• 

Recasting 

The proposal involves recasting.  

• 

Detailed explanation of the proposal 

The following is a summary of the main proposals. 

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1.  Definitions of marketing and supplier and conditions to be applied to 

them 

(a)  Present situation 

The  definition  of  marketing,  adopted  in  1992,  lists  a  group  of 
actions, which were considered appropriate for this kind of product. 
The  actions  listed  were  considered  important  and  sufficient  to 
indicate to which extent this definition applies. Due to the technical 
progress on trade, the initiatives now listed as marketing are strictly 
related  to  other  new  initiatives  from  which  they  cannot  be  easily 
separated e.g. “sale and holding with a view to sale”.  

The  definition  of  suppliers  which  covers  the  normal  activity 
professionally  carried  out  by  a  person  involved  in  producing, 
reproducing,  preserving  and/or  treating  material  and  marketing 
does not mention importation. The action of importing is becoming 
more  and  more  important  and  can  be  carried  out  either  by  a 
“supplier”  (as  defined  by  Directive  92/34/EEC)  or  by  another 
person. In the first case there is no problem with the application of 
the  legislation,  however,  in  the  second  case,  the  person  importing 
may  or  may  not  be  considered  as  “supplier”,  depending  on  the 
legislation of that particular Member State.  

In  1992  it  was  considered  appropriate  to  request  that  suppliers 
should be accredited by a harmonised procedure to increase rapidly 
the harmonisation of the internal market. The general application of 
quality  standards  by 
the  enterprises  producing  fruit  plant 
propagating  material  now  makes  the  expensive  obligation  for  this 
accreditation obsolete. 

(b)  Proposals 

A  new  definition  of  marketing  covering  all  the  initiatives 
concerning  the  commercial  exploitation  of  propagating  material 
and fruit plants will be adopted (article 2(10).  

The  addition  of  the  action  of  importing  to  the  list  of  actions  of  a 
supplier  will  increase  the  harmonisation  and  transparency  of  the 
legislation (article (2.9). The registration of suppliers will simplify 
administrative  burdens  and  reduce  costs  both  for  Member  State’s 
official bodies and stakeholders (suppliers and users) while keeping 
the same level of consumer’ confidence (articles 5 and 6). 

The proposed amendments will harmonise this legislation with the 
other  legislation  on  the  marketing  of  forest,  ornamental  and  vine 
propagating material recently amended.  

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2.  Categories identification and conditions 

(a)  Present situation 

Some definitions and related conditions have become obsolete; the 
cost of their application is not compensated by the advantages (e.g. 
virus  free  and  virus  tested  material  categories).  The  absence  of 
some definitions (considered as not necessary at the moment of the 
adoption  of  the  Directive)  is  a  source  of  conflict  due  to 
misunderstandings or “frauds”. This implies an increase in costs for 
both  suppliers  and  consumers  and  a  lack  of  confidence  in  the 
market.  

Therefore the costs for preventing possible risks are increasing by 
asking  legal  protection,  managing  legal  settlements,  or  buying 
“safer” propagating material at higher prices. 

(b)  Proposals 

All  technical  measures  laid  down  by  the  existing  basic  legislation 
will be transferred to specific implementing measures. They will be 
adopted  based  on  an  appropriate  evaluation  of  their  effectiveness 
and in relation to technical and scientific progress (article 4). Better 
flexibility for the management of technical implementing measures 
is expected both by official bodies and suppliers. 

New  definitions  of  such  categories  should  be  in-line  with  the 
scientific  and  technical  progress  and  in  particular,  with  the 
international  certification  schemes  (European  Plant  Protection 
Organisation – EPPO Standards) (articles 2(3) to 2(8). A legal basis 
for establishing specific conditions for the material falling into each 
category should be introduced (article 4). 

A  transparent  certification  system  and  a  clear  identification  of  the 
variety  (complete  and  transparent  labelling),  will  improve  the 
competitiveness  and  facilitate  intra-Community  trades  and  import 
based on equivalence and possible reciprocity (article 9). Breeders 
will  be  better  protected.  Farmers  will  be  confident  of  the  identity 
and uniformity of propagating material. This will permit improved 
planning  of  the  activity  saving  resources  currently  spent  on 
adapting 
an  
un-harmonised market. 

production 

process 

the 

to 

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3.  Quality  of  the  material  (Distinctness,  Uniformity,  Stability  –DUS- 

and pomological value) and variety definition and conditions  

(a)  Present situation 

The  unclear  and  incomplete  existing  list  of  characteristics  for 
Distinctness  and  Identity  creates  difficulties  on  identifying  the 
varieties  requested  for  planting  by  farmers.  As  requested  by  the 
Common market organisation for fruit, producers must indicate the 
name of the fruit variety when the fruit is put on the market. These 
characteristics become more and more important in relation to the 
very specialised request by both the market for fresh fruit and fruit 
for processing. 

Under  the  existing  situation,  the  costs  supported  by  farmers  will 
further  increase  for  replacement  material  which  is  found  not 
satisfying the expected characteristics only when the production of 
fruit  starts  (3-5  years  after  the  planting  season  for  the  majority  of 
species).  

(b)  Proposals 

New  international  rules,  in  particular  CPVO  (Community  Plant 
Variety Office) protocols and UPOV (Union pour la Protection des 
Obtentions Végétales) guidelines, permit an easy identification of a 
variety.  

Conditions for listing and certifying varieties should be set out with 
reference to these international protocols (article 7). Therefore, the 
definition  of  the  variety  and  clone  should  be  added  (Article  2(3) 
and  2(4),  a  legal  basis  for  increased  guarantees  of  the  material 
marketed in relation to variety identification, genetic resources and 
biodiversity should be created (article 3), all technical detailed rules 
should  be  transferred  to  the  implementing  measures  to  increase 
their  harmonisation  and  management  (e.g.  rapid  up-dating  of 
technical  conditions)  (article  4).  These  amendments  should 
improve the transparency in the market and help to decrease costs 
for the identification of material.  

In  addition,  a  reference  to  pomological  value  (quality  and 
performance  of  plants  and  their  products–fruit)  should  be  added 
e.g.  biological  value  for  direct  consumption  or  processing  to 
improve transparency for consumers. 

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4. 

Plant health status definition and conditions 

(a)  Present situation 

It  is  very  difficult  and  expensive  for  suppliers  to  fulfil  some 
existing conditions which do not produce any benefit to the farmers 
and final consumers (e.g. propagating material which must be free 
from  all  viruses).  The  conditions  for  checking  the  health  status  of 
the  lowest  commercial  category  (which  covers  about  30%  of  the 
EU  fruit  plant  production  with  a  peak  of  80%  or  more  in  several 
countries)  are  obsolete  both  for  the  testing  procedures  and  for  the 
list of harmful organisms to be controlled. 

(b)  Proposals 

A clear link with category identification should be established for 
the  listing  of  new  varieties  and  for  the  certification  of  material 
reproduced by vegetative propagation to improve the management 
of the health status of the propagating material (article 4). Scientific 
the  publication  of 
and 
international  certification  schemes  (EPPO  Standards).  Healthier 
propagating  material  is  the  first  step  towards  permitting  full 
exploitation  of  the  new  CAP  approach  in  reducing  the  use  of 
pesticides. 

technical  progress  has  permitted 

In the mid-term period more transparency is expected for the price 
of material based on a stricter link price/health quality of material. 

5.  Other comments 

The  following  articles  have  been  amended  as  a  consequence  of 
amendments  in  other  provisions  of  Directive  92/34/EEC  and  do  not 
contain  substantive  changes:  articles  1(2),  1(3),  1(4),  2(11),  2(13),  8(3), 
11, 13, 16(2), 17(2), 18, 21, 22 and 23. 

6.  Unchanged provisions 

The following articles remain unchanged: articles 1(1), 2(1), 2(2), 2(12), 
2(14), 8(1), 8(2), 10, 12, 14, 15, 16(1), 16(3), 16(4), 17(1), 19, 20 and 24. 

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(cid:208) 92/34/EEC (adapted) 

2007/aaaa (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the marketing of fruit plant propagating material and fruit plants intended for fruit 
production 

(Recast version) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
⌦ 37 ⌫ 43 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament4, 

Whereas: 

(1) 

Council Directive 92/34/EEC on the marketing of fruit plant propagating material and 
fruit  plants  intended  for  fruit  production5  has  been  substantially  amended  several 
times6. Since further amendments are to be made, it should be recast in the interests of 
clarity. 

(cid:216) new 

(2) 

Fruit production occupies an important place in the agriculture of the Community. 

(cid:208) 92/34/EEC Recital 1 

4 
5 

6 

OJ C […] 240, 16.9. 1991, p. 197. 
OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 
26.1.2005, p. 16). 
See Annex II, Part A. 

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(3) 

(4) 

(cid:208) 92/34/EEC Recital 2 (adapted) 

Satisfactory  results  in  the  cultivation  of  fruit  depend  to  a  large  extent  on  the  quality 
and  plant  health  of  the  material  used  for  their  propagation  and  of  the  fruit  plants 
intended for fruit production. Certain Member States have in consequence introduced 
rules intended to guarantee the quality and plant health of the fruit plant propagating 
material and fruit plants placed on the market. 

(cid:208) 92/34/EEC Recital 3 (adapted) 

The different treatment accorded to propagating material and fruit plants in different 
Member States is likely to create barriers to trade and thus hinder the free movement 
of these goods within the Community.; whereas, with a view to achieving the internal 
market,  these  barriers  should  be  removed,  by  adopting  Community  provisions  to 
replace those laid down by the Member States.  

(4) 

 Whereas the establishment of hHarmonized conditions at Community level will ensure 
that  purchasers  throughout  the  Community  receive  propagating  material  and  fruit 
plants which are healthy and of good quality. 

(cid:208) 92/34/EEC Recital 4 (adapted) 

(5) 

(6) 

(cid:208) 92/34/EEC Recital 5 (adapted) 

In so far as they relate to plant health, such harmonized conditions must be consistent 
with Council Directive ⌦ 2000/29/EC of 8 May 2000 ⌫ 77/93/EEC of 21 December 
1976  on  protective  measures  against  the  introduction  into  the  ⌦ Community ⌫ 
Member States of organisms harmful to plants or plant products ⌦ and against their 
spread within the Community⌫7. 

(cid:208) 92/34/EEC Recital 6 (adapted) 
(cid:214) new 

It is appropriate initially to establish Community rules for those genera and species of 
fruit  plant  which  are  of  major  economic  importance  in  the  Community,  with  a 
Community  procedure  for  adding  further  genera  and  species  later  (cid:214)  to  the  list  of 
genera  and  species  to  which  this  Directive  applies.  The  genera  and  species  listed 
should be those which are widely grown in Member States and for whose propagating 
material there is a substantial market which covers more than one Member State.  

7 

OJ  L  169,  10.7.2000,  p.  1.  ⌦Directive  as  last  amended  by  Commission  Directive  2006/35/EC 
(OJ L 88, 25.3.2006, p. 9). ⌫ OJ No L 26, 31.1.1977, p. 20; Directive as last amended by Directive 
92/10/EEC (OJ L 70, 17. 3. 1992, p. 27). 

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(cid:208) 92/34/EEC Recital 7 (adapted) 

(7)  Without  prejudice  to  the  plant  health  provisions  of  Directive  ⌦ 2000/29/EC ⌫ 
77/93/EEC,  it  is  not  appropriate  to  apply  the  Community  rules  on  the  marketing  of 
propagating material and fruit plants when it is shown that such products are intended 
for export to third countries, as the rules applicable there may be different from those 
contained in this Directive. 

(8) 

The determination of plant health and quality standards for each genus and species of 
fruit  plant  requires  lengthy  and  detailed  technical  and  scientific  consideration.  A 
procedure should accordingly be established for that purpose end.  

(cid:208) 92/34/EEC Recital 8 (adapted) 

(cid:216) new 

(8) 

(9) 

In  the  interest  of  clarity  the  necessary  definitions  should  be  established.  Those 
definitions should be based on the technical and scientific progress and cover the term 
concerned in a complete and clear manner, in order to facilitate the harmonisation of 
the internal market taking into account all new opportunities of the market and all new 
processes used for the production of propagating material. Those definitions should be 
harmonised  with  those  adopted  for  the  marketing  of  other  propagating  material 
covered by Community legislation. 

It is desirable to establish plant health and quality standards for each genus and species 
of fruit plant based on international schemes. It is appropriate to provide, therefore, for 
a system of certification for the different categories of propagating material and fruit 
plants to be marketed by reference to those international schemes, where available. 

(cid:208) 92/34/EEC Recital 13 (adapted) 
(cid:214) new 

(10) 

It  is  consistent  with  current  agricultural  practice  to  require  that  certain  propagating 
material  and  fruit  plants  are  either  officially  examined  or  are  declared  virus-free, 
meaning  found  free  of  all  known  viruses  and  virus-like  pathogens,  or  again  virus-
tested,  meaning  found  free  of  specific  viruses  and  virus-like  pathogens  reducing  the 
usefulness  of  the  propagating  material  and  fruit  plants  (cid:214)examined  under  official 
supervision as foreseen for other species covered by Community legislation.   

(11)  Genetically  modified  fruit  plants  should  not  be  accepted  for  registration  in  the 
catalogue  unless  all  the  appropriate  measures  have  been  taken  to  avoid  any  risk  to 
human  health  or  the  environment  as  referred  to  in  Directive  2001/18/EC  of  the 
European  Parliament  and  of  the  Council  of  12  March  2001  on  the  deliberate  release 

(cid:216) new 

EN 

14 

   EN 

 
 
 
 
 
 
into  the  environment  of  genetically  modified  organisms8  and  Regulation  (EC)  No 
1829/2003  of  the European Parliament and of  the  Council  of  22  September  2003  on 
genetically modified food and feed9.  

(12) 

It  is  desirable  to  ensure  that  genetic  diversity  is  preserved.  Appropriate  biodiversity 
conservation  measures  to  guarantee  the  conservation  of  existing  varieties  should  be 
taken in line with other relevant Community legislation. The Commission should take 
into  account  not  only  the  concept  of  variety  but  also  that  of  genotype  and  clone  to 
better respond to the new marketing needs. 

(13) 

It  is  appropriate  to  establish  conditions  for  the  marketing  of  material  intended  for 
trials,  scientific  purposes  or  selection  work  if  this  material  cannot  fulfil  the  normal 
plant health and quality standards due to the particular use. 

(cid:208) 92/34/EEC Recital 9  
(cid:214) new 

(14) 

In  the  first  instance  it  is  the  responsibility  of  the  suppliers  of  propagating  material 
and/or fruit plants to ensure that their products fulfil the conditions laid down in this 
Directive. (cid:214) It is appropriate to define the role of the suppliers and the conditions to 
which  they  are  to  refer.  Suppliers  should  be  officially  registered  in  order  to  create  a 
transparent and economically valid process of certification of propagating material and 
fruit plants.  

(15)  Suppliers  who  only  market  fruit  plants  or  propagating  material  to  persons  not 
professionally engaged in the production or sale of fruit plants or propagating material 
should be exempted from the obligation of registration.  

(cid:216) new 

(16) 

It is in the interests of the purchasers of propagating materials and fruit plants that the 
names  of  varieties  be  known  and  that  their  identity  be  safeguarded (cid:214)  to  permit  the 
traceability of the system and to increase the confidence on the market .  

(cid:208) 92/34/EEC Recital 14 
(cid:214) new 

(17)  ⌦ That ⌫ The objective stated above can best be achieved either through common 
knowledge  of  the  variety  (cid:214) ,  in  particular  for  old  varieties,   or  through  the 

(cid:208) 92/34/EEC Recital 15 (adapted) 
(cid:214) new 

8 

9 

OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 
(OJ L 268, 18.10.2003, p. 24). 
OJ L 268, 18.10.2003, p. 1. 

EN 

15 

   EN 

 
 
 
 
 
                                                 
availability  of  a  description  drawn  up  and  kept  by  the  supplier.  In  the  latter  case, 
however,  the  propagating  material  or  fruit  plants  may  not  obtain  access  to  the 
categories which are the subject of official certification (cid:214) based on Community Plant 
Variety Office (CPVO) protocols or in their absence on other international or national 
rules . 

(18) 

In order to ensure the identity and orderly marketing of propagating material and fruit 
plants, Community  rules ⌦ should ⌫  must be  laid  down  concerning  the  separation 
of  lots  and  marking.  The  labels  should  give  the  particulars  needed  both  for  official 
control and for the information of the user.  

(cid:208) 92/34/EEC Recital 16 (adapted) 

(cid:208) 92/34/EEC Recital 10 (adapted) 
(cid:214) new 

(19)  The  competent  authorities  of  the  Member  States ⌦ should ⌫  must,  when  carrying 
out controls and inspections, ensure that suppliers fulfil those conditions with regard to 
propagating  material  or  fruit  plants  belonging  to  the  CAC  (Conformitas  Agraria 
Communitatis)  category (cid:214) conditions  with  regard  to  propagating  material  or  fruit 
plants and suppliers are fulfilled . 

(20) 

It  is  indispensable  to  provide  for  other  categories  of  propagating  material  and  fruit 
plants  for  which  the  said  material  and  plants  must  be  the  subject  of  official 
certification. 

(cid:208) 92/34/EEC Recital 11 (adapted) 

(21)  Community  control  measures  should  be  introduced  ⌦ provided  for ⌫  to  ensure 
uniform  application  in  all  the  Member  States  of  the  standards  laid  down  in  this 
Directive.  

(cid:208) 92/34/EEC Recital 12 (adapted) 

(cid:208) 92/34/EEC Recital 17 
(cid:214) new 

(22)  Rules  should  be  established  permitting, 

temporary  supply 
difficulties (cid:214) due to natural disasters, such as fire, gales and failure of the flower crop, 
or unforeseen circumstances , the marketing of propagating material and fruit plants 
subject  to  requirements  less  stringent  than  those  contained  in  this  Directive (cid:214) for  a 
limited period and subject to specific conditions .  

the  case  of 

in 

EN 

16 

   EN 

 
 
 
 
 
 
(cid:216) new 

(23) 

In accordance with the principle of proportionality, provision should be made to allow 
Member  States  to  exempt  small  producers  all  of  whose  production  and  sales  of 
propagating material and fruit plants is intended for final use by persons on the local 
market  who  are  not  professionally  involved  in  plant  production  ('local  circulation') 
from the conditions on labelling and from the checks and official inspections.  

(24)  As a first step towards harmonized conditions, Member States should be prohibited in 
the case of the genera and species referred to in Annex II, for which schedules will be 
drawn up, from imposing new conditions or restrictions to the market other than those 
provided for in this Directive.  

(cid:208) 92/34/EEC Recital 18 (adapted) 

(25)  Provisions  should  be  made  for  authorising  the  marketing,  within  the  Community,  of 
propagating material and fruit plants produced in third countries, provided always that 
they afford the same guarantees as propagating material and fruit plants produced in 
the Community and complying with Community rules. 

(cid:208) 92/34/EEC Recital 19 (adapted) 

(26) 

In order to harmonize the technical methods of examination used in the Member States 
and to compare propagating material and fruit plants produced in the Community with 
those  produced  in  third  countries,  comparative  trials  should  be  carried  out  to  check 
compliance of such products with the requirements of this Directive. 

(cid:208) 92/34/EEC Recital 20 

(27) 

In  order  to  avoid  any  disruption  of  trade,  Member  States  should  be  allowed  to 
authorise  the  marketing  in  their  own  territory  of  certified  and  CAC  material  taken 
from  parent  plants  in  existence  at  the  date  of  entry  into  force  of  this  Directive  for  a 
transitional period even if that material does not fulfil the new conditions. 

(cid:216) new 

(cid:208) 92/34/EEC Recital 21 (adapted) 

(28) 

In order to facilitate the effective operation of this Directive, the Commission should 
be  entrusted  with  the  task  of  adopting  measures  for  its  implementation  and  for  the 
amendment  of  its  Annex;  and  to  provide  a  procedure  to  that  end  involving  close 
cooperation  between  the  Commission  and  the  Member  States  within  a  Standing 
Committee  on  Propagating  Material  and  Plants  of  Fruit  Genera  and  Species.⌦  The 
measures  necessary  for  the  implementation  of  this  Directive  should  be  adopted  in 

EN 

17 

   EN 

 
 
 
 
 
 
 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
the 
procedures 
Commission10. ⌫ 

implementing  powers  conferred  on 

the  exercise  of 

for 

(29)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex III, Part B, 

(cid:216) new  

HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 92/34/EEC (adapted) 

⌦ CHAPTER 1 ⌫  
⌦ SCOPE AND DEFINITIONS ⌫ 

Article 1 
⌦ Scope ⌫ 

This Directive applies ⌦ shall apply ⌫ to the marketing of fruit plant propagating 
material and fruit plants intended for fruit production within the Community. 

Articles 2 to 20 and Article 234 shall apply to the genera and species listed in Annex 
II as well as to their hybrids. 

Rootstocks and other parts of plants of other genera or species or their hybrids shall 
also be subject to the abovementioned Articles if material of one of the said genera or 
species or their hybrids is grafted or is to be grafted onto them. 

Amendments  to  the  list  of  genera  and  species  in  Annex  II  shall  be  adopted  in 
accordance with the procedure laid down in Article 22. 

(cid:216) new 

This Directive shall apply to the genera and species listed in Annex I as well as to 
their  hybrids.  It  shall  also  apply  to  rootstocks  and  other  parts  of  plants  of  other 
genera  or  species  than  those  listed  in  Annex  I  or  their  hybrids,  if  their  material  is 
grafted or is to be grafted onto one of the genera or species listed in Annex I or their 
hybrids. 

OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 

1. 

2. 

3. 

2. 

10 

EN 

18 

   EN 

 
 
 
 
                                                 
3. 

This  Directive  shall  apply  without  prejudice  to  the  plant  health  rules  laid  down  by 
Directive 2000/29/EC. 

(cid:208) 92/34/EEC (adapted)  

Article 2 

4. 

This  Directive  shall  not  apply  to  propagating  material  or  fruit  plants  shown  to  be 
intended for export to third countries, if properly ⌦ provided they are ⌫ identified 
as such and kept sufficiently isolated, without prejudice to the health rules laid down 
by Directive 77/93/EEC. 

Implementing  measures  for  the  first ⌦ sub ⌫paragraph,  with  particular  reference 
to  identification  and  isolation,  shall  be  adopted  in  accordance  with  the  procedure 
⌦ referred to ⌫ laid down in Article 21 ⌦ 19(2) ⌫. 

(cid:208) 92/34/EEC (adapted) 

Article 23 
⌦ Definitions ⌫ 

For the purposes of this Directive, the following definitions shall apply: 

(a) (1)  “Propagating  material” ⌦ means ⌫  seeds,  parts  of  plants  and  all  plant  material, 

including rootstocks, intended for the propagation and production of fruit plants; 

(b) (2)  “Fruit  plants”  ⌦ means ⌫  plants  intended  to  be  planted  or  replanted,  after 

marketing; 

(3) 

“Variety”  means  a  plant  grouping  within  a  single  botanical  taxon  of  the  lowest 
known rank, which can be: 

(cid:216) new 

(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 characters, and 

(c) 

considered as an entity in view of its ability to be propagated unchanged; 

(4) 

“Clone” means the vegetative progeny of a variety which is true to a fruit plant stock 
chosen  on  account  of  varietal  identity,  its  phenotypic  characters  and  its  state  of 
health; 

EN 

19 

   EN 

 
 
 
 
(c)(5)  “Pre-basic material” ⌦ means ⌫ propagating material ⌦which⌫: 

(cid:208)92/34/EEC (adapted) 
(cid:214) new 

(a) (i) which has been produced (cid:214)under the responsibility of the supplier as far as the 
supplier  is  involved  in  the  production  or  reproduction  of  that  material 
according to generally accepted methods with a view to maintaining ⌦ for the 
maintenance of ⌫ the identity of the variety (cid:214) and, where applicable, of the 
clone,  including the relevant characteristics of its pomological value which 
can  be  established  according  to  the  procedure  laid  down  in  Article  21  and  to 
preventing ⌦ for the prevention of ⌫ diseases; 

(b) (ii) which is intended for the production of basic material (cid:214) or certified material 

other than fruit plants; 

(c) (iii)  which  satisfies  the  ⌦ specific  requirements ⌫  conditions  for  pre-basic 
material  laid  down  in  the  schedule  for  the  species  concerned,  established 
pursuant to Article 4,; and 

(d) (iv) which, following an official inspection, has been recognized as satisfying the 
abovementioned conditions ⌦ has been found by official inspection to satisfy 
the conditions in (a), (b) and (c) ⌫; 

(d) (6)  “basic material” ⌦ means ⌫ propagating material ⌦which⌫: 

(a) (v) which has been produced (cid:214)under the responsibility of the supplier as far as the 
supplier is involved in the production or reproduction of that material either 
directly  or  in  a  known  number  of  stages  in  a  vegetative  way  from  pre-basic 
material, according to generally accepted methods, with a view to maintaining 
⌦ for  the  maintenance ⌫  of  the  identity  of  the  variety  (cid:214) and,  where 
applicable,  of  the  clone,   including  the  relevant  characteristics  of  its 
pomological value, , which can be established according to the procedure laid 
down  in  Article  21  and  to  preventing  disease  ⌦ for  the  prevention ⌫  of 
diseases; 

(b) (ii) which is intended for the production of certified material; 

(c) (ii) which satisfies the ⌦ specific requirements ⌫ conditions for basic material 
laid  down  in  the  schedule  for  the  species  concerned,  established  pursuant  to 
Article 4,; and 

(d) (iv) which following an official inspection, has been recognized as satisfying the 
abovementioned conditions ⌦ has been found by official inspection to satisfy 
the conditions in (a), (b) and (c) ⌫; 

(e) (7)  “certified  materials”  ⌦ means ⌫  propagating  material  and 

fruit  plants 

⌦ which ⌫ : 

(a) (i) which have been produced (cid:214)under the responsibility of the supplier as far as 
the  supplier  is  involved  in  the  production  or  reproduction  of  that  material 

EN 

20 

   EN 

 
 
either directly or in a known number of stages in a vegetative way from basic 
material (cid:214)or pre-basic material ; 

(cid:216) new 

(b) are intended for: 

– 

– 

– 

The production of propagating material,  

the production of fruit plants, and/or  

the production of fruits; 

(cid:208)92/34/EEC (adapted) 

(c)  (ii)  which  satisfy  the  ⌦ specific  requirements ⌫  conditions  for  certified 
material  laid  down  in  the  schedule  for  the  species  concerned,  established 
pursuant to Article 4 ⌦ , and ⌫ 

(d) (iii), which, following an official inspection, has been recognized as satisfying the 
abovementioned conditions ⌦ has been found by official inspection to satisfy 
the conditions in (a), (b) and (c) ⌫; 

(f) (8)  “CAC  (Conformitas  Agraria  Communitatis)  material”  ⌦ means ⌫  propagating 
material and fruit plants ⌦ which ⌫ : satisfying the minimum conditions laid down 
for  that  category  relative  to  the  species  concerned  in  the  schedule  established 
pursuant to Article 4; 

(a) 

have  been  produced  under  the  responsibility  of  the  supplier  as  far  as  the 
supplier is involved in the production or reproduction of that material, 

(cid:216) new 

(b)  have varietal identity and purity, 

(c) 

are intended for: 

– 

– 

– 

the production of propagating material, 

the production of fruit plants, and /or 

the production of fruits,  

(d) 

satisfy  the  specific  requirements  for  CAC  material  established  pursuant  to 
Article 4, and 

(e) 

have been found by official inspection to satisfy the conditions in (a) to (d); 

EN 

21 

   EN 

 
 
 
 
(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

(g) 

(h) 

virus-free  (v.f.)  material:  material  which  has  been  tested  and  found  free  from 
infection according to internationally recognized scientific methods, has been found 
free  from  symptoms  of  any  virus  or  virus-like  pathogen  by  growing-season 
inspection,  has  been  maintained  under  conditions  ensuring  freedom  from  infection, 
and is considered to be free from all viruses and virus-like pathogens known in the 
species  concerned  occurring  in  the  Community.  Material  descended  vegetatively  in 
direct  line  in  a  specific  number  of  stages  from  such  material,  found  free  from 
symptoms  of  any  virus  or  virus-like  pathogen  by  growing-season  inspection,  and 
produced  and  maintained  under  conditions  ensuring  freedom  from  infection,  shall 
also be considered to be virus-free. The specific number of stages shall be indicated 
in the schedule for the species concerned, established pursuant to Article 4; 

virus-tested  (v.t.)  material:  material  which  has  been  tested  and  found  free  from 
infection according to internationally recognized scientific methods, found free from 
symptoms  of  any  virus  or  virus-like  pathogen  by  growing-season  inspection,  has 
been  maintained  under  conditions  ensuring  freedom  from  infection,  and  considered 
to be free from certain serious viruses and virus-like pathogens known in the species 
concerned occurring in the Community and capable of reducing the usefulness of the 
material. Material descended vegetatively in direct line in a specific number of stages 
from such material, found free from symptoms of any virus or virus-like pathogen by 
growing-season inspection, and produced and maintained under conditions ensuring 
freedom  from  infection,  shall  also  be  considered  to  be  virus-tested.  The  specific 
number  of  stages  shall  be  indicated  in  the  schedule  for  the  species  concerned, 
established pursuant to Article 4; 

(i) (9)  “supplier” ⌦ means ⌫  any  natural  or  legal  person  carrying  out  professionally  at 
least  one  of  the  following  activities  with  regard  to  propagating  material  or  fruit 
plants:  reproducing,  producing,  preserving  and/or  treating,  (cid:214)importing    and 
marketing; 

(cid:208) 92/34/EEC 
(cid:214) new 

(j10) 

"marketing" the holding available or in stock, displaying or offering for sale, selling 
and/or  delivering  to  another  person,  in  whatever  form,  of  propagating  material  or 
fruit  plants  (cid:214) means  the  sale,  holding  with  a  view  to  sale,  offer  for  sale,  and  any 
disposal, supply or transfer aimed at commercial exploitation of propagating material 
or fruit plants to third parties, whether or not for consideration  ; 

(k) (11)  “responsible official body” ⌦ means ⌫ 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

EN 

22 

   EN 

 
 
 
 
(a) (i) the  sole  and  central  (cid:214) an   authority,  established  or  designated  by  the 
Member  State  under  the  supervision  of  the  national  government  and 
responsible  for  questions  concerning  ⌦ the ⌫  quality  ⌦ of  propagating 
material and fruit plants ⌫ : 

(b) (ii) 

any State authority established: 

– 

– 

either at national level, ⌦ or ⌫ 

or  at  regional  level,  under  the  supervision  of  the  national  authorities, 
within  the  limits  set  by  the  national  legislation  of  the  Member  State 
concerned.; 

(l) (12)  “official measures” ⌦ means ⌫ measures taken by the responsible official body; 

(m) (13) “official inspection” ⌦ means ⌫ inspection carried out by the responsible official 

body (cid:214)or under the responsibility of the responsible official body ; 

(n) 

official statement: statement issued by or under the responsibility of the responsible 
official body; 

(o) (14)  “lot”  ⌦ means ⌫  a  number  of  units  of  a  single  commodity,  identifiable  by  its 

homogeneity of composition and origin. 

(p) 

laboratory:  a  body  under  public  or  private  law  carrying  out  analysis  and  proper 
diagnosis, enabling the producer to monitor production quality. 

⌦ CHAPTER 2 ⌫ 
⌦ REQUIREMENTS FOR PROPAGATING MATERIAL AND FRUIT 
PLANTS ⌫ 

(cid:208) 92/34/EEC (adapted) 

Article 38  
⌦ General requirements for placing on the market ⌫ 

1.  Propagating  material  or  fruit  plants  may  be  marketed  only  by  accredited  suppliers,  and 
provided they meet the requirements laid down for CAC material in the schedule referred to 
in Article 4. 

2.  Pre-basic,  basic  and  certified  material  may  not  be  certified  unless  it  belongs  to  a  variety 
referred to in Article 9 (2) (i) and unless it meets the requirements for the category concerned 
laid  down  in  the  schedule  referred  to  in  Article  4.  The  category  shall  be  indicated  on  the 
official document referred to in Article 11. 

With regard to the varietal aspect, in the schedule to be drawn up in accordance with Article 4 
provision may be made for an exemption for rootstocks where the material does not belong to 
a variety. 

EN 

23 

   EN 

 
 
1. 

Propagating material and fruit plants may only be marketed if: 

(cid:216) new 

2. 

3. 

3. 

4. 

(a) 

the  propagating  material  has  been  officially  certified  as  “pre-basic  material”, 
“basic material” or “certified material” or if it is found to be CAC material by 
official inspection; 

(b) 

the fruit plants have been officially certified as certified material or are found 
to be CAC material by official inspection. 

In the case of a variety which consists of a genetically modified organism within the 
meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be 
accepted for registration in the catalogue only if has been authorised pursuant to that 
Directive or pursuant to Regulation (EC) No 1829/2003.  

Where products derived from propagating material are intended to be used as or in 
food falling within the scope of Article 3 or as or in a feed falling within the scope of 
Article 15 of Regulation (EC) No 1829/2003, the fruit plant variety concerned shall 
be  accepted  for  the  registration  in  the  catalogue  only  if  it  has  been  authorised 
pursuant to that Regulation. 

Without prejudice to the provisions of Directive 77/93/EEC, the previous paragraphs 
shall not apply to propagating material or fruit plants intended for: 

(cid:208) 92/34/EEC 

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

(cid:216) new 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

(a)  ⌦ for ⌫ trials or scientific purposes;  

(b)  ⌦ for ⌫ selection work; or 

(c)  measures for the conservation of ⌦ to help preserve ⌫ genetic diversity. 

Detailed rules for the application of points (a) and (b) shall be adopted, as necessary, 
in  accordance  with  the  procedure  laid  down  in  Article  21.  Detailed  rules  for  the 
application  of  point  (c)  shall  be  adopted  preferably  before  1  January  1993,  in 
accordance with the same procedure. (cid:214)The conditions under which Member States 

EN 

24 

   EN 

 
 
 
 
 
may  grant  such  authorisation  shall  be  adopted  in  accordance  with  the  procedure 
referred to in Article 19(2).  

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

Article 4 
⌦ Specific requirements for genus and species ⌫ 

1. 

In accordance with the procedure ⌦ referred to ⌫ laid down in Article 19(3)22, a 
schedule ⌦ specific requirements ⌫ shall be established in Annex I for each genus 
or species referred to in Annex II ⌦ shall be established, ⌫ with a reference to the 
plant  health  conditions  laid  down  in  Directive  77/93/EEC  applying  to  the  genus 
and/or species concerned and laying down ⌦ specifying ⌫ : 

(a ii)  the quality and plant health conditions with which CAC material must comply, 
in particular those relating to the propagation system applied, to the purity of 
the  growing  crop,  (cid:214) plant  health ,  and,  except  in  the  case  of  rootstocks, 
where the material does not belong to a variety, to varietal aspects; 

(b i)  the conditions with which pre-basic, basic and certified material must comply, 
relating  to  quality  (cid:214)(including,  for  pre-basic  and  basic  material,  methods  for 
the  maintenance  of  the  identity  of  the  variety  and,  where  applicable,  of  the 
clone, including the relevant characteristics of its pomological value) , plant 
health, the testing methods and procedures applied, the propagation system(s) 
applied  and,  except  in  the  case  of  rootstocks  where  the  material  does  not 
belong to a variety, to varietal aspects; 

(c iii) the conditions with which rootstocks and other parts of plants of other genera 
or  species  must  comply  if  propagating  material  of  the  genus  or  species 
concerned is grafted onto them. 

2. 

If in the schedule a reference is made to the qualification “virus-free (v.f.)” or “virus-
tested  (v.t.)”,  the  viruses  and  virus-like  pathogens  concerned  shall  be  mentioned  in 
that schedule. 

This  provision  shall  apply  mutatis  mutandis  where  reference  is  made  to  a 
qualification concerning freedom  from or testing to detect harmful organisms other 
than viruses or virus-like pathogens. 

No  reference  shall  be  made  to  v.f.  or  v.t.  in  respect  of  the  material  referred  to  in 
subparagraph (i). 

In  respect  of  the  material  referred  to  in  subparagraph  (i),  a  reference  to  the 
aforementioned qualifications shall be made where such reference is relevant for the 
genus or species concerned. 

EN 

25 

   EN 

 
 
Article 5 

1.  Member  States  shall  ensure  that  suppliers  take  all  necessary  measures  to  guarantee 
compliance with the standards laid down by this Directive at all stages of the production and 
marketing of propagating material and fruit plants. 

2. For the purposes of paragraph 1, suppliers shall either carry out themselves, or have carried 
out  by  an  accredited  supplier  or  a  responsible  official  body,  checks  based  on  the  following 
principles: 

– 

– 

– 

– 

identification  of  critical  points  in  their  production  process  on  the  basis  of  the 
production methods used, 

establishment  and  implementation  of  methods  for  monitoring  and  checking  the 
critical points referred to in the first indent, 

taking samples for analysis in a laboratory accredited by the responsible official body 
for  the  purpose  of  checking  compliance  with  the  standards  established  by  this 
Directive, 

keeping  a  written  record  or  a  record  registered  in  an  indelible  fashion,  of  the  data 
referred to in the first, second and third indents, as well as records on production and 
marketing of propagating material and fruit plants, to be held at the disposal of the 
responsible official body. These documents shall be kept for a period of at least three 
years. 

However, suppliers whose activity in this connection is confined merely to the distribution of 
propagating material and fruit plants produced and packaged on premises other than their own 
shall be required only to keep a written record or a record registered in an indelible fashion of 
the buying and selling and/or delivery of propagating material and fruit plants. 

This paragraph shall not apply to suppliers whose activity in this connection is confined to the 
supply  of  small  quantities  of  propagating  material  and  fruit  plants  to  non-professional  final 
consumers. 

3. If the result of their own checks or any information at the disposal of the suppliers referred 
to in paragraph 1 reveals the presence of one or more of the harmful organisms referred to in 
Directive 77/93/EEC or, in a quantity greater than that normally allowed for in order to meet 
the  standards,  of  those  specified  in  the  relevant  schedules  established  pursuant  to  Article  4, 
the suppliers shall immediately report this to the responsible official body and shall carry out 
the measures indicated by that body or any other measure necessary to reduce the risk of such 
harmful  organisms  from  spreading.  The  supplier  shall  keep  records  of  all  outbreaks  of 
harmful organisms on his premises and of all measures taken in relation to such occurrences. 

4.  Detailed  rules  for  the  application  of  the  second  subparagraph  of  paragraph  2  shall  be 
adopted in accordance with the procedure laid down in Article 21. 

EN 

26 

   EN 

 
(cid:216) new  

Chapter 3 
REQUIREMENTS TO BE MET BY SUPPLIERS 

Article 5 
Registration  

1. 

2. 

3. 

Suppliers  shall  be  officially  registered  in  relation  to  the  activities  which  they  carry 
out under this Directive. 

Paragraph 1 shall not apply to suppliers marketing only to persons not professionally 
engaged  in  the  production,  reproduction  or  sale  of  propagating  material  or  fruit 
plants.  

Detailed  rules  for  the  application  of  paragraphs  1  and  2  may  be  established  in 
accordance with the procedure referred to in Article 19(2).  

Article 6 
 Specific requirements  

1. 

Suppliers engaged in the production or reproduction of propagating material and fruit 
plants shall: 

– 

– 

– 

– 

identify and monitor critical points in their production process which influence 
the quality of the material, 

keep information on the monitoring referred to in the first indent available for 
examination when requested by the responsible official body, 

take samples where necessary for analysis in a laboratory, and  

ensure  that,  during  production,  lots  of  propagating  material  remain  separately 
identifiable. 

2. 

3. 

In the case of the appearance, on the premises of a supplier, of a harmful organism 
listed  in  the  Annexes  to  Directive  2000/29/EC  or  referred  to  in  the  specific 
requirements  established  pursuant  to  Article  4  of  this  Directive  the  supplier  shall 
report it to the responsible official body and shall carry out any measures imposed by 
that body.  

When propagating material or fruit plants are marketed, suppliers shall keep records 
of their sales or purchases for at least 12 months. 

The  first  subparagraph  shall  not  apply  to  suppliers  who  are  exempted  from 
registration in accordance with Article 5(2). 

EN 

27 

   EN 

 
 
 
4. 

Detailed  rules  for  the  application  of  paragraph  1  may  be  established  in  accordance 
with the procedure referred to in Article 19(2). 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

Article 6 

1.  The  responsible  official  body  shall  accredit  suppliers  once  it  has  verified  that  their 
production methods and establishments meet the requirements of this Directive with regard to 
the  nature  of  the  activities  they  carry  out.  The  accreditation  must  be  renewed  if  a  supplier 
decides to carry out activities other than those for which he has received accreditation. 

2.  The  responsible  official  body  shall  accredit  laboratories  once  it  has  verified  that  those 
laboratories, their methods, their establishments and their staff, meet the requirements of this 
Directive, to be specified according to the procedure laid down in Article 21, with regard to 
the testing activities they carry out. The accreditation must be renewed if a laboratory decides 
to carry out activities other than those for which it has received accreditation. 

3. The responsible official body shall take the necessary measures if the requirements referred 
to in paragraphs 1 and 2 cease to be met. To this end, it shall take particular account of the 
conclusions of any check carried out in accordance with Article 7. 

4.  The  supervision  and  monitoring  of  suppliers,  establishments  and  laboratories  shall  be 
carried  out  regularly  by  or  under  the  responsibility  of  the  responsible  official  body,  which 
shall at all times have free access to all parts of establishments, in order to ensure compliance 
with the requirements of this Directive. Implementing measures concerning supervision  and 
monitoring  shall  be  adopted,  as  necessary,  in  accordance  with  the  procedure  laid  down  in 
Article 21. 

If such supervision and monitoring reveal that the requirements of this Directive are not being 
met, the responsible official body shall take appropriate action. 

⌦ CHAPTER 4 ⌫ 
⌦VARIETY IDENTIFICATION AND LABELLING⌫ 

Article 79 
 ⌦ Variety identification ⌫ 

1. 

Propagating material and fruit plants shall be marketed with a reference to the variety 
(cid:214)and  clone,  where  appropriate,   to  which  they  belong.  Where,  in  the  case  of 
rootstocks, the material does not belong to a variety, reference shall be made to the 
species or interspecific hybrid concerned. 

EN 

28 

   EN 

 
 
2. 

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 
material  under  this  Directive  shall  clearly  indicate  that  the  variety  has  been 
genetically modified and shall name the genetically modified organisms.  

(cid:216) new 

23. 

The  varieties  (cid:214)and  clones,  where  appropriate,   to  which  reference ⌦ is  to ⌫ 
shall be made pursuant to paragraph 1 ⌦ shall ⌫ must be: 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

(ai)  either  commonly  known,  and  ⌦ legally ⌫  protected  ⌦ by  a  plant  variety 
right ⌫  in  accordance  with  provisions  on  the  protection  of  new  varieties  of 
plants,; or 

(b)  officially registered (cid:214)in a national catalogue on a voluntary or other basis; 

⌦ or ⌫ 

(cii)  or  entered  on  lists  kept  by  the  suppliers,  with  their  detailed  descriptions  and 
relevant  denominations.  These  lists  must  be  available,  upon  request,  to  the 
responsible official body of the Member State concerned. (cid:214)commonly known, 
if,  on  the  date  on  which  application  is  duly  made  for  acceptance  for 
registration, it either is entered in the catalogue of another Member State or is 
the subject of an application for acceptance in another Member State or it has 
been  already  marketed  as  CAC  material  before  [same  date  as  in  the  second 
subparagraph of Article 20(1)] in the territory of the Member State concerned 
or another MS, provided that it has an official description.  

Each  variety  shall  be  described  and,  aAs  far  as  possible, ⌦ each  variety  shall ⌫ 
bear the same denomination in all ⌦ the ⌫ Member States, (cid:214)in accordance with 
implementing  measures  which  may  be  adopted  in  accordance  with  the  procedure 
referred  to  in  Article  19(2)  or,  in  their  absence,    in  accordance  with  accepted 
international guidelines. 

Varieties  may  be  officially  registered  if  they  have  been  found  to  satisfy  certain 
officially  approved  conditions  and  have  an  official  description.  They  may  also  be 
officially  registered  if  their  material  has  been  (cid:214)already    marketed  (cid:214)as  CAC 
material before [same date as in the second subparagraph of Article 20(1)] in the 
territory of the Member State concerned prior to 1 January 1993, provided that they 
have  an  official  description.  In  the  latter  case  the  registration  shall  expire  not  later 
than 30 June 2000, unless by that date the varieties in question have been: 

– 

either  confirmed,  in  accordance  with  the  procedure  referred  to  in  Article 21, 
with a detailed description if they have been officially registered in at least two 
Member States, 

– 

or registered in accordance with the first sentence. 

4. 

35. 

EN 

29 

   EN 

 
 
 
4.  Except  where  the  varietal  aspect  is  explicitly  mentioned  in  the  schedules  referred  to  in 
Article  4,  paragraphs  (1)  and  (2)  shall  not  entail  any  extra  responsibility  for  the 
responsible official body. 

56. 

Requirements for the official registration referred to in paragraph 3 (b) 2 (i) shall be 
established in accordance with the procedure ⌦ referred to ⌫ laid down in Article 
19(2)21, taking into account current scientific and technical knowledge and covering: 

(a) 

(b) 

the conditions of official acceptance (cid:214)for registration , which may include, 
in particular, distinctness, stability and sufficient uniformity;  

the characteristics which as a minimum the examinations of the various species 
must cover; 

(c) 

the minimum requirements for carrying out the examinations;  

(d) 

the maximum period of validity of the official acceptance of a variety. 

67. 

In accordance with the procedure ⌦ referred to ⌫ laid down in Article 19(2)21: 

– 

– 

– 

a  system  for  the  notification  of  varieties  or  species  or  interspecific  hybrids 
(cid:214)and  clones,  where  appropriate,    to  the  responsible  official  bodies  of  the 
Member States may be set up, 

additional implementing provisions for paragraph 2 (ii) may be adopted, 

it may be decided that a common catalogue of varieties may be established and 
published. 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

Article 810 
 ⌦ Lot composition and identification ⌫ 

1. 

2. 

3. 

While  growing  and  during  lifting  or  removal  from  the  parent  material,  propagating 
material and fruit plants shall be kept in separate lots. 

If propagating material and fruit plants of different origins are put together or mixed 
during  packaging,  storage,  transport  or  at  delivery,  the  supplier  shall  keep  records 
including  the  following  data:  composition  of  the  lot  and  origin  of  its  individual 
components. 

Member  States  shall  ensure  compliance  with  the  requirements  referred  to  in 
paragraphs 1 and 2 by carrying out official inspections. 

EN 

30 

   EN 

 
 
(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

Article 911 
⌦Labelling ⌫ 

Without prejudice to Article 10 (2), pPropagating material and fruit plants shall be marketed 
only in sufficiently homogeneous lots and if they are: 

(ai) 

(bii) 

qualified as CAC material and accompanied by a document made out by the supplier 
in  accordance  with  the  conditions ⌦ specific  requirements ⌫  laid  down  in  the 
schedule  established  pursuant  to  Article  4.  In  ⌦ If ⌫  an  official  declaration 
appears  on  this  document,  it  shall  be  clearly  separate  from  all  other  information  in 
the document; or 

qualified as pre-basic, basic or certified material, and certified as such by the official 
responsible  ⌦ official ⌫  body  in  accordance  with  the  conditions ⌦ specific 
requirements ⌫ laid down in the schedule referred ⌦ established pursuant ⌫ to in 
Article 4. 

Requirements  in  respect  of  propagating  material  and/or  fruit  plants  with  regard  to 
labelling and/or sealing and packaging shall be indicated in the schedule referred to 
in  Article  4  (cid:214)implementing  measures  adopted  in  accordance  with  the  procedure 
referred to in Article 19(3). 

In the case of retail supply of propagating material or fruit plants to a non-professional final 
consumer,  requirements  regarding  labelling  may  be  confined  to  appropriate  product 
information. 

(cid:208) 92/34/EEC (adapted) 

⌦CHAPTER 5⌫ 
⌦ EXEMPTIONS ⌫ 

Article 1012 
 ⌦ Suppliers ⌫ 

1. 

Member States may exempt: 

(a) 

from  the  application  of  Article  911,  small  producers  all  of  whose  production 
and  sales  of  propagating  material  and  fruit  plants  is  intended  for  final  use  by 
persons  on  the  local  market  who  are  not  professionally  involved  in  plant 
production (“local circulation”),; 

(b) 

from the checks and official inspections provided for in Article 1318, the local 
circulation of propagating materials and fruit plants produced by such exempt 
persons. 

EN 

31 

   EN 

 
 
 
2. 

In  accordance  with  the  procedure  laid  down  ⌦ referred  to ⌫in  Article  19(2)21, 
implementing  measures  relating  to  other  requirements  concerning  the  exemptions 
referred to in paragraph 1 of this Article the first and second indents, in particular as 
regards  the  concepts  of  “small  producers”  and  “local  market”,  and  to  the  related 
procedures, shall be adopted. 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

Article 1113 
 ⌦ Propagating material and fruit plants ⌫ 

In  the  event  of  temporary  difficulties  in  the  supply  of  propagating  material  and  fruit  plants 
satisfying  the  requirements  of  this  Directive  (cid:214)due  to  natural  disasters  or  unforeseen 
circumstances  ,  measures  may  be  adopted,  in  accordance  with  the  procedure  ⌦ referred 
to ⌫  laid  down  in  Article  19(2)21,  concerning  the  marketing  of  propagating  material  and 
fruit  plants  meeting  less  stringent  requirements,  without  prejudice  to  the  plant-health  rules 
laid down in Directive 77/93/EEC. 

(cid:208) 92/34/EEC (adapted) 
(cid:206)1 2005/54/EC Article 1 
(cid:214) new 

⌦ CHAPTER 6⌫ 
 ⌦ PROPAGATING MATERIAL AND FRUIT PLANTS PRODUCED IN 
THIRD COUNTRIES ⌫ 

Article 1216 

1. 

2. 

In accordance with the procedure ⌦ referred to ⌫ laid down in Article 19(2)21, it 
shall  be  decided  whether  propagating  material  and  fruit  plants  produced  in  a  third 
country  and  affording  the  same  guarantees  as  regards  obligations  on  the  supplier, 
identity,  characteristics,  plant  health,  growing  medium,  packaging,  inspection 
arrangements, marking and sealing, are equivalent in all these respects to propagating 
material  and  fruit  plants  produced  in  the  Community  and  complying  with  the 
requirements and conditions of this Directive. 

Pending  the  decision  referred  to  in  paragraph  1,  Member  States  may,  until (cid:206)1 31 
December  2007 ,  and  without  prejudice 
the  provisions  of  Directive 
⌦ 2000/29/EC ⌫ 77/93/EEC, apply to the import of propagating material and fruit 
plants  from  third  countries  conditions  at  least  equivalent  to  those  indicated,  on  a 
temporary or permanent basis, in the schedules ⌦ specific requirements ⌫ adopted 
pursuant  to  Article  4.  If  such  conditions  are  not  laid  down  in  the  schedules, 
⌦specific  requirements ⌫  the  conditions  for  importation  must  be  at  least 
equivalent to those applicable to production in the Member State concerned.  

to 

EN 

32 

   EN 

 
 
 
In accordance with the procedure ⌦ referred to ⌫ laid down in Article 19(2)21, the 
date referred to in the first subparagraph ⌦ of this paragraph ⌫may, for the various 
third  countries,  be  extended  pending  the  decisions  referred  to  in  paragraph  1 ⌦ of 
this Article ⌫ . 

Propagating  material  and  fruit  plants  imported  by  a  Member  State  in  accordance  with  a 
decision taken by that Member State pursuant to the first subparagraph shall be subject to no 
marketing  restrictions  in  the  other  Member  States  as  regards  the  matters  referred  to  in 
paragraph 1. 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

⌦ CHAPTER 7⌫ 
 ⌦ CONTROL MEASURES ⌫ 

1. 

2. 

Article 1317 
 ⌦ Official inspection ⌫ 

Member  States  shall  ensure  that  propagating  material  and  fruit  plants  are  officially 
inspected  during  production  and  marketing,  and  by  random  checks  in  the  case  of 
CAC material, to verify compliance with the requirements and conditions set out in 
this Directive. 

(cid:208) 92/34/EEC Article 3(k) 
(adapted) 

The  bodies  referred  to  in  Article  2(11)(a)  (i) and (b) (ii) may,  in  accordance  with 
their  national  legislation,  delegate  the  tasks  provided  for  in  this  Directive  to  be 
accomplished  under  their  authority  and  supervision  to  any  legal  person,  whether 
governed  by  public  or  private  law,  which,  under  its  officially  approved  statute,  is 
charged exclusively with specific public functions, provided that such person, and its 
members, has no personal interest in the outcome of the measures it takes. 

The  Member  States  shall  ensure  that  there  is  close  cooperation  between  the  bodies 
referred to in (ii) and those referred to in (i). 

Moreover, iIn accordance with the procedure ⌦ referred to ⌫ laid down in Article 
19(2) 21,  any  other  legal  persons  established  on  behalf  of  a  body  referred  to  in 
Article  2(11)(a)(i) and  (b)(ii) and  acting  under  the  authority  and  the  supervision  of 
such body, may be approved, provided that such person has no  personal interest in 
the outcome of the measures it takes. 

The Member States shall notify the Commission of their responsible official bodies. 
The Commission shall forward that information to the other Member States.  

EN 

33 

   EN 

 
 
 
 
 
 
(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

3. 

Detailed  rules  for  implementing  the  controls  provided  for  in  Article  5  and  for  the 
official inspection provided for in Articles 10 and 17, including sampling methods, 
(cid:214) the  application  of  paragraph  1   shall  be  adopted  in  accordance  with  the 
procedure laid down ⌦ referred to ⌫ in Article 19(2)21 . 

(cid:208) 2003/61/EC, Art. 1 pt. 5 
(adapted) 
(cid:214) new 

1. 

2. 

3. 

4. 

Article 1420 
 ⌦ Community monitoring ⌫ 

Trials,  or,  where  appropriate,  tests  shall  be  carried  out  in  the  Member  States  on 
samples  to  check  that  propagating  material  or  fruit  plants  comply  with  the 
requirements and conditions of this Directive, including those relating to plant health. 
The  Commission  may  organise  inspections  of  the  trials  by  representatives  of  the 
Member States and of the Commission. 

Community  comparative  tests  and  trials  may  be  carried  out  within  the  Community 
for the post-control of samples of propagating material or fruit plants placed on the 
market  under  the  provisions  of  this  Directive  whether  mandatory  or  discretionary, 
including those relating to plant health. The comparative tests and trials may include 
the following: 

– 

– 

– 

propagating material or fruit plants produced in third countries, 

propagating material or fruit plants suitable for organic farming, 

propagating  material  or  fruit  plants  marketed  in  relation  to  measures  for  the 
conservation of genetic diversity. 

These comparative tests and trials ⌦ referred to in paragraph 2 ⌫ shall be used to 
harmonise  the  technical  methods  of  examination  of  propagating  material  and  fruit 
plants  and  to  check  satisfaction  of  the  conditions  with  which  the  material  must 
comply. 

The  Commission,  acting  in  accordance  with  the  procedure  referred  to  in  Article 
19(2)21, shall make the necessary arrangements for the comparative tests and trials 
to be carried out. The Commission shall inform the Committee referred to in Article 
19(2)21  about  the  technical  arrangements  for  holding  the  tests  and  trials  and  the 
results thereof. When plant health problems occur, the Commission shall notify the 
Standing Committee on Plant Health. 

5. 

The  Community  may  make  a  financial  contribution  to  the  performance  of  the  tests 
and trials foreseen in paragraphs 2 and 3. 

EN 

34 

   EN 

 
 
 
6. 

7. 

1. 

The financial contribution shall not exceed the annual appropriations decided by the 
budgetary authority. 

The tests and trials which may benefit from a Community financial contribution, and 
detailed  rules  for  the  provision  of  the  financial  contribution,  shall  be  established  in 
accordance with the procedure ⌦ referred to ⌫ laid down in Article 19(2)21. 

The tests and trials foreseen in paragraphs 2 and 3 may be performed only by State 
authorities or legal persons acting under the responsibility of the State. 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

Article157 
 ⌦ Community checks in Member States ⌫ 

Commission experts may, in cooperation with the responsible official bodies of the 
Member States, make on-the-spot checks in so far as this is necessary to ensure the 
uniform application of this Directive, and in particular to verify whether suppliers are 
in  effect  complying  with  the  requirements  of  this  Directive.  A  Member  State  in 
whose territory a check is being carried out shall give all necessary assistance to the 
experts in carrying out their duties. The Commission shall inform the Member States 
of the result of the investigations. 

2. 

Detailed rules for the application of paragraph 1 shall be adopted in accordance with 
the procedure ⌦ referred to ⌫ laid down in Article 19(2)21. 

(cid:208) 92/34/EEC (adapted)  
(cid:214) new 

1. 

2. 

Article 1624 
 ⌦ Follow up actions by Member States ⌫ 

Member  States  shall  ensure  that  propagating  material  and  fruit  plants  produced  in 
their  territory  and  intended  for  marketing  comply  with  the  requirements  of  this 
Directive. 

(cid:208) 92/34/EEC (adapted) 

If it is found, during an official inspection, that propagating material or fruit plants 
cannot  be  marketed  because  they  fail  to  comply  with  a  condition  relating  to  plant 
health,  the  Member  State  concerned  shall  take  appropriate  official  measures  to 
eliminate any consequent plant-health risk.  

EN 

35 

   EN 

 
 
 
 
(cid:208) 92/34/EEC (adapted) 

Article 19 

2. 

3. 

4. 

If,  during  the  supervision  and  monitoring  provided  for  in  Article  6  (4),  the  official 
inspection  referred  to  in  Article  1317,  or  the  trials  referred  to  in  Article  1420,  it  is 
found that propagating material or fruit plants do not meet the requirements of this 
Directive,  the  responsible  official  body  of  the  Member  State  shall  take  appropriate 
action to ensure that they do comply with the provisions of this Directive or, if that is 
not possible, to ban the marketing of that propagating material or those fruit plants in 
the Community.  

(cid:208) 92/34/EEC 

If  it  is  found  that  propagating  material  or  fruit  plants  marketed  by  a  particular 
supplier  do  not  comply  with  the  requirements  and  conditions  of  this  Directive,  the 
Member State concerned shall ensure that appropriate measures are taken against that 
supplier. If the supplier is forbidden to market propagating material and fruit plants, 
the  Member  State  shall  accordingly  inform  the  Commission  and  the  competent 
national bodies in the Member States. 

(cid:208) 92/34/EEC 

Any  measures  taken  under  paragraph  32 shall be withdrawn  as soon as it has been 
established  with  sufficient  certainty  that  the  propagating  material  or  fruit  plants 
intended  for  marketing  by  the  supplier  will,  in  the  future,  comply  with  the 
requirements and conditions of this Directive. 

(cid:208) 92/34/EEC (adapted) 
(cid:214) new 

⌦ CHAPTER 8⌫ 
⌦ GENERAL AND FINAL PROVISIONS ⌫  

Article 1714 
⌦ National provisions⌫  

1. 

Propagating  material  and  fruit  plants  which  comply  with  the  requirements  and 
conditions  of  this  Directive  shall  be  subject  to  no  marketing  restrictions  as  regards 
supplier,  plant  health,  growing  medium  and  inspection  arrangements,  other  than 
those laid down in this Directive. 

EN 

36 

   EN 

 
 
 
 
 
(cid:208) 92/34/EEC (adapted)  
(cid:214) new 

Article 15 

As  regards  the  products ⌦ propagating  material  and  fruit  plants  of  the  genera  and 
species ⌫ referred to in Annex II Member States shall refrain from imposing more 
stringent conditions or marketing restrictions other than the conditions laid down in 
the schedules referred to Article 4 or those obtaining on the date of adoption of this 
directive, as the case may be ⌦those laid down in this Directive or in the specific 
requirements established pursuant to Article 4⌫.  

(cid:208) 92/34/EEC Article 1.3 
(adapted) 
(cid:214) new 

Article 1823  
 ⌦ Amendments and adaptation of Annexes ⌫ 

Amendments  to  the  list  of  genera  and  species  in  Annex  II  shall  be  adopted  in 
accordance with the procedure laid down in Article 22. (cid:214) The Commission may, in 
accordance with the procedure referred to in Article19(3), make any amendments to 
Annex I, taking into account current scientific and technical knowledge.   

(cid:208) 806/2003 Art. 2 and Annex II 
pt. 7 (adapted) 

Article 19 
 ⌦ Committee ⌫ 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Propagating 
Material and Plants of Fruit Genera and Species ⌦ , hereinafter referred to as “the 
Committee” ⌫. 

Where  reference  is  made  to  this  ⌦ paragraph ⌫  Article,  Articles  4  and  7  of 
Decision 1999/468/EC shall apply. 

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

2. 

3. 

1. 

2. 

EN 

37 

   EN 

 
 
 
 
(cid:208) 806/2003 Art. 2 and Annex II, 
pt. 28 (adapted) 

1. 

23. 

The  Commission  shall  be  assisted  by  the  Standing  Committee  on  Propagating 
Material and Plants of Fruit Genera and Species. 

Where  reference  is  made  to  this  Article  ⌦ 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 set at three 
months.  

43. 

The Committee shall adopt its Rules of Procedure. 

(cid:208) 806/2003 Art. 2 and Annex II 
pt. 7 

(cid:208)92/34/EEC (adapted) 

Article 25 

Within five years from the date of adoption of this Directive, the Commission shall examine 
the  results  of  its  application  and  submit  to  the  Council  a  report,  accompanied  by  any 
necessary proposals for amendments. 

Article 2026 
 ⌦ Transposition ⌫ 

1. 

2. 

Member  States  shall  bring  into  force  the  laws,  regulations  or  administrative 
provisions necessary to comply with this Directive no later than 31 December 1992. 
They shall forthwith inform the Commission thereof. 

When  these  measures  are  adopted  by  the  Member  States,  they  shall  contain  a 
reference to this Directive or be accompanied by such reference on the occasion of 
their official publication. The methods for making such reference shall be adopted by 
the Member States. 

As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application 
for each genus or species referred to in Annex II shall be fixed in accordance with 
the procedure provided for in Article 21, when the schedule referred to in Article 4 is 
drawn up. 

EN 

38 

   EN 

 
 
 
 
(cid:208)  

1. 

2. 

Member States shall adopt and publish, by […] at the latest, the laws, regulations and 
administrative  provisions  necessary  to  comply  with  Articles  [...].  They  shall 
forthwith  communicate  to  the  Commission  the  text  of  those  provisions  and  a 
correlation table between those provisions and this Directive. 

They shall apply those provisions from […]. 

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.  They  shall  also  include  a  statement  that  references  in  existing  laws, 
regulations and administrative provisions to the directive repealed by this Directive 
shall be construed as references to this Directive. Member States shall determine how 
such reference is to be made and how that statement is to be formulated. 

3. 

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. 

(cid:216) new 

Article 21 
 Transitional measures  

Member States may, as a transitional measure until 1 January XXX, allow the marketing in 
their own territory of certified and CAC material taken from parent plants in existence at the 
date of entry into force of this Directive. 

(cid:208)  

Article 22 
Repeal 

Directive  92/34/EEC,  as  amended  by  the  acts  listed  in  Annex  II,  Part  A,  is  repealed  with 
effect  from  [date  set  out  in  second  subparagraph  of  Article  20],  without  prejudice  to  the 
obligations of the Member States relating to the time-limits for transposition into national law 
and application of the Directives set out in Annex II, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex III.  

Article 23 
Entry into Force  

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

EN 

39 

   EN 

 
 
 
 
Articles [...] and Annex I shall apply from […]. 

(cid:208) 92/34/EEC 

Article 2427 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President

EN 

40 

   EN 

 
 
 
 
(cid:208) 92/34/EEC (adapted) 

ANNEX I 

Schedules referred to in accordance with Article 4 

EN 

41 

   EN 

 
 
(cid:208) 2003/111/EC Art. 1 

ANNEX II 

List of genera and species to which this Directive applies 

Castanea sativa Mill. 

Citrus L. 

Corylus avellana L. 

Cydonia oblonga Mill. 

Ficus carica L. 

Fortunella Swingle 

Fragaria L. 

Juglans regia L. 

Malus Mill. 

Olea europaea L. 

Pistacia vera L. 

Poncirus Raf. 

Prunus amygdalus Batsch 

Prunus armeniaca L. 

Prunus avium (L.) L. 

Prunus cerasus L. 

Prunus domestica L. 

Prunus persica (L.) Batsch 

Prunus salicina Lindley 

Pyrus L. 

Ribes L. 

Rubus L. 

Vaccinium L. 

EN 

42 

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ANNEX II 

Part A 

Repealed Directive with its successive amendments 
(referred to in Article 22) 

Council Directive 92/34/EEC 
(OJ L 157, 10.6.1992, p. 10) 

Commission Decision 93/401/EEC 
(OJ L 177, 21.7.1993, p. 28) 

Commission Decision 94/150/EC 
(OJ L 66, 10.3.1994, p. 31) 

Commission Decision 95/26/EC 
(OJ L 36, 16.2.1995, p. 36) 

Commission Decision 97/110/EC 
(OJ L 39, 8.2.1997, p. 22) 

Commission Decision 1999/30/EC 
(OJ L 8, 14.1.1999, p. 30) 

Commission Decision 2002/112/EC 
(OJ L 41, 13.2.2002, p. 44) 

Council Regulation (EC) No 806/2003 
(OJ L 122, 16.5.2003, p. 1) 

Only point 7 of Annex II and 
point 28 of Annex III 

Council Directive 2003/61/EC  
(OJ L 165, 3.7.2003, p. 23) 

Commission Directive 2003/111/EC 
(OJ L 311, 27.11.2003, p. 12) 

Commission Decision 2005/54/EC 
(OJ L 22, 26.1.2005, p. 16) 

Only Article 1(5) 

EN 

43 

   EN 

 
 
 
 
 
 
 
 
 
 
Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 22) 

Directive 

Time-limit for transposition 

Date of application  

92/34/EEC 

2003/61/EC 

31 December 1992 

31 December 199211 

10 October 2003 

2003/111/EC 

31 October 2004 

_____________ 

11 

As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or 
species  referred  to  in  Annex  II  shall  be  fixed  in  accordance  with  the  procedure  provided  for  in 
Article 21,  when  the  schedule  referred  to  in  Article  4  is  drawn  up  (See  Article  26(2)  of  Directive 
92/34/EEC). 

EN 

44 

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ANNEX III 

CORRELATION TABLE 

Directive 92/34/EEC 

This Directive 

Articles 1 (1) 
Article 1 (2) 
Article 1 (3) 
- 

Article 2 

Article 3 (a), (b) 
- 
Article 3 (c) - 3(f) 
Article 3 (g) - 3(h) 
Article 3 (i) - (j) 
Article 3 (k) (i and ii) 
Article 3 (k) partim 
Article 3 (l) (m) 
Article 3 (n) 
Article 3 (o) 
Article 3 (p) 

Article 4(1) 
Article 4(2) 

Article 5 

- 

Article 6 

- 

Article 7 

Articles 8 (1) (2) 
- 
- 
Article 8 (3) 

Article 9 (1) 
- 
Article 9 (2) (i), (ii) 
Article 9 (2) final provision 
Article 9 (3) 
Article 9 (4) 
Article 9 (5)  

Articles 1 (1) 
- 
Article 18 amended 
Article 1 (2)(3) 

Article 1 (4) 

Article 2 (1), (2) 
Article 2 (3), (4) 
Article 2 (5) – 2 (8) amended 
- 
Article 2 (9) – (10) amended  
Article 2 (11)  
Article 13 (2) amended 
Article 2 (12), (13) 
- 
Article 2 (14) 
- 

Article 4 amended 
- 

- 

Article 5 

- 

Article 6 

Article 15 

Article 3 (1) (a), (b) amended 
Article 3 (2) 
Article 3 (3) 
Article 3 (4) amended 

Article 7 (1) 
Article 7 (2) 
Article 7 (3) (a), (b) amended 
Article 7 (4) amended 
Article 7(5) 
- 
Article 7(6) 

EN 

45 

   EN 

 
Article 9 (6) 

Articles 10 (1) (2) 
Article 10 (3) 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 (1) 
Article 19 (2) 
Article 19 (3) 

Article 20 

Article 21 (1) (2)  
Article 21 (3) 

Article 22 (1) (2)  

Article 23 

Article 24 (1) 
Article 24 (2) 

Article 25 

Article 26 

- 

- 

- 

Article 27 

Annex I 

Annex II 

- 

Article 7 (7) 

Articles 8 (1) (2) amended 
- 

Article 9 amended 

Article 10 

Article 11 amended 

Article 17 (1) 

Article 17 (2) amended 

Article 12 

Article 13 (1) amended 

Article 13 (3) amended 

Article 16 (2) 
Article 16 (3) 
Article 16 (4) 

Article 14 

Article 19 (1) (2) 
Article 19 (4) 

Article 19 (1) (3) 

-  

Article 16(1) 
- 

- 

Article 20  

Article 21 

Article 22 

Article 23 

Article 24 

- 

Annex I 

Annexes II and III 

EN 

46 

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LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal for a Council Directive on the marketing of fruit plan propagating material 
and fruit plants intended for fruit production 

2. 

ABM / ABB FRAMEWORK 

Policy  Area(s)  concerned:  Food  safety,  animal  health,  animal  welfare  and  plant 
health 

Activity/Activities: seed and propagating material of plants. 

3. 

BUDGET LINES 

3.1.  Budget  lines  (operational  lines  and  related  technical  and  administrative 

assistance lines (ex-B..A lines)) including headings: 

17.0404 Plant health measures 

3.2.  Duration of the action and of the financial impact: 

Open ended 

3.3.  Budgetary characteristics (add rows if necessary): 

Budget line 

Type of 
expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

17.0404. 

Comp/ 
Non-
comp 

 Diff12 
Non-diff13 

NO 

NO 

NO 

NO [2] 

12 
13 

Differentiated appropriations. 
Non-differentiated appropriations hereafter referred to as NDA. 

EN 

47 

   EN 

 
                                                 
4. 

SUMMARY OF RESOURCES 

4.1.  Financial Resources 

4.1.1. Summary  of 

commitment  appropriations 

(CA)  and  payment 

appropriations (PA) 

EUR million (to 3 decimal places) 

Expenditure type 

Section 
no. 

Year 
n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 

Operational expenditure14 

Commitment 
Appropriations (CA) 

8.1 

Payment Appropriations 
(PA) 

a 

b 

0.170 

0.170 

0.170 

0.190 

0.190 

0.190 

1.080 

0.170 

0.170 

0.170 

0.190 

0.190 

0.190 

1.080 

Administrative expenditure within reference amount15 

Technical & administrative 
assistance (NDA) 

8.2.4 

c 

0 

0 

0 

0 

0 

0 

0 

TTOOTTAALL  RREEFFEERREENNCCEE  AAMMOOUUNNTT  

Commitment 
Appropriations 

a+c 

0.170 

0.170 

0.170 

0.190 

0.190 

0.190 

1.080 

Payment Appropriations 

b+c 

0.170 

0.170 

0.170 

0.190 

0.190 

0.190 

1.080 

Administrative expenditure not included in reference amount16 

Human resources and 
associated expenditure 
(NDA) 

Administrative costs, other 
than human resources and 
associated costs, not included 
in reference amount (NDA) 

8.2.5 

d 

0.086 

0.086 

0.076 

0.076 

0.076 

0.076 

0.476 

8.2.6 

e 

0.130 

0.130 

0.130 

0.130 

0.130 

0.130 

0.780 

Total indicative financial cost of intervention 

TOTAL CA including 
cost of Human 
Resources 

TOTAL PA including 
cost of Human 
Resources 

a+c+d
+e 

b+c+
d+e 

0.386  0. 386  0. 376  0.396  0. 396 

0. 396 

2.336 

0. 386  0. 386  0. 376  0. 396  0. 396 

0. 396 

2.336 

14 
15 
16 

Expenditure that does not fall under Chapter 17 01 of the Title 17. 
Expenditure within article 17 01 04 of Title 17. 
Expenditure within Chapter 17 01 other than Article 17 01 04. 

EN 

48 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
 
                                                 
Co-financing details 

If  the  proposal  involves  co-financing  by  Member  States,  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

Year 
n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 
and 
later 

Total 

MS’s 
…………………… 

official 

bodies 

f 

0.037  0.037 

0.037 

0.042 

0.042 

0.042 

0.237 

TOTAL CA including co-
financing 

a+c
+d+
e+f 

0.423  0.423 

0.413 

0.438 

0.438 

0.438 

2.573 

4.1.2. Compatibility with Financial Programming 

(cid:50) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the 
financial perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Inter-
institutional  Agreement17  (i.e.  flexibility  instrument  or  revision  of 
the financial perspective). 

4.1.3. Financial impact on Revenue 

(cid:50) 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the 

effect on revenue should be shown in a separate annex. 

17 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

49 

   EN 

 
 
 
                                                 
Budget line 

Revenue 

EUR million (to one decimal place) 

Prior to
action 
[Year n-
1] 

[Year 
n] 

Situation following action 

[n+1] 

[n+2] 

[n+3] 

[n+4] 

[n+5]18

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

(Please specify each revenue budget line involved, adding the appropriate number of 
rows to the table if there is an effect on more than one budget line.) 

4.2.  Human Resources FTE (including officials, temporary and external staff) 

– see detail under point 8.2.1. 

Annual requirements 

Year 
n 

n + 1 

n + 2 

n + 3 

n + 4 

n + 5 and 
later 

Total number of human 
resources 

0.8 

0.8 

0.7 

0.7 

0.7 

0.7 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details of the context of the proposal are required in the Explanatory Memorandum. 
This  section  of  the  Legislative  Financial  Statement  should  include  the  following 
specific complementary information: 

5.1.  Need to be met in the short or long term 

To  clarify  and  simplify  the  regulatory  framework  in  which  business  operates 
and 

to  improve  the  legislation  based  on  technical  and  scientific  progress  and  to 
adapt  it  to  the  new  marketing  environment  in  line  with  the  new  Common 
Agricultural  Policy  as  described  under  point  1  of 
the  explanatory 
memorandum. 

18 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

50 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
5.2.  Value-added  of  Community  involvement  and  coherence  of  the  proposal 

with other financial instruments and possible synergy 

Community intervention is due to facilitate the functioning of internal market. 
There  is  evidence  that  it  is  very  expensive  to  maintain  different  certification 
procedures  and  growing  systems  for  the  same  material  if  it  is  marketed  in 
different countries. Based on the principle of the internal market a harmonised 
approach could simplify these procedures and systems and therefore reduce the 
related costs both for the Member State’s certification bodies and stakeholders 
(suppliers and users). 

Moreover, the direct financial impact of this proposal is limited. 

5.3.  Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the 

context of the ABM framework 

(1)  Assure  that  the  fruit  plant  propagating  material  does  not  lead  to 
unacceptable costs for the user, the consumer or the environment and at 
the same time does not impose unnecessary burden to the industry by  

(2)  Ensuring  an  appropriate  functioning  of  the  internal  market  for  these 

plants. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)19 chosen for the implementation of the action. 

X 

Centralised Management 

x 

ٱ 

Directly by the Commission 

Indirectly by delegation to: 

ٱ 

ٱ 

ٱ 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 of 
the Financial Regulation 

National  public-sector  bodies/bodies  with  public-service 
mission 

19 

If  more  than  one  method  is  indicated  please  provide  additional  details  in  the  "Relevant  comments" 
section of this point. 

EN 

51 

   EN 

 
 
 
 
                                                 
ٱ 

Shared or decentralised management 

ٱ 

ٱ 

With Member states 

With Third countries 

ٱ 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The varieties authorised in Member States and listed in the Common catalogue, 
and the implementation of the legislation by Member States.  

6.2  Evaluation 

6.2.1. Ex-ante evaluation 

The proposed measure is a recast of an existing Directive. As far as the 
EU budget is concerned, the financial impact is limited.  

Nevertheless,  an  intensive  stakeholder  consultation  has  taken  place.  A 
questionnaire for stakeholders’ consultation was published on the official 
website 
SANCO 
http://europa.eu.int/comm/food/consultations/index_en.htm 
21 
February  2006.  Consultation  with  COPA-COGECA  was  considered  the 
most appropriate way of consulting stakeholders directly involved in fruit 
plants  propagating  material  production 
(suppliers)  and  growing 
(farmers).  COPA-COGEGA  was  consulted  both  by  sending  the  above 
questionnaire  directly  to  them  on  28  February  2006  and  by  direct 
discussion  in  the  framework  of  the  meeting  of  the  Advisory  Group  on 
Fruit and Vegetables held on 18 May 2006 in Brussels under point 3 of 
the agenda. 

on 

An  initial  discussion  with  Member  States  took  place  at  the  relevant 
Standing  Committee  (SC)  meeting  held  on  15  June  2001.  Based  on  the 
results of the meeting, the Commission services (SANCO E1) prepared, 
in  close  co-operation  with  MS’s  experts,  a  specific  questionnaire 
addressed to the Member State’s competent authorities on 21 December 
2001. Based on the answers received, a detailed evaluation of the impact 
of  this  Directive  on  the  internal  market  was  started.  Results  and  new 
inputs  have  been  discussed  at  5  meetings  of  the  relevant  Standing 
Committee  and  5  meetings  of  experts  from  Member  States  in  the  years 
from  2002  to  2005.  Information  has  been  collected  from  stakeholders, 
scientific  experts  and  Member  States’  experts  at  the  meetings/seminars 
organised  by  EPPO,  CIHAM,  PHARE  programme,  COPA-COGECA 
and  scientific  organisations  (e.g.  Accademia  dei  Georgofili)  in  2003  to 
2005. 

EN 

52 

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Main  points  which  during  the  consultation  were  identified  as  deserving 
an  in-depth  discussion  are  covered  by  the  impact  assessment.  Other 
points  which  bring  consistency  with  other  EU  policies  or  optimise 
existing policies are included to improve the current system. 

6.2.2. Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons 

learned from similar experiences in the past) 

No post evaluations have been carried out in this field.  

6.2.3. Terms and frequency of future evaluation 

In  order  to  keep  the  evaluation  proportionate  to  the  resources  allocated 
and in line with the impact of the programme and activity concerned, an 
evaluation should apply under the evaluation programme planned by DG 
SANCO. 

7. 

ANTI-FRAUD MEASURES  

Full application of internal control standards No 14, 15, 16, 18, 19, 20, 21. 

Expenditure  incurred  is  subject  to  the  financial  legislation  as  regards  the  call  for 
projects procedures. As applied under the existing Directive, the proposals submitted 
by  the  MS’s  competent  authorities  for  carrying  out  the  tests  and  trials  shall  be 
examined by a Commission evaluation committee. The payments shall be authorised 
only after a specific evaluation of the final report based on a standard list of criteria. 

EN 

53 

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8. 

DETAILS OF RESOURCES 

8.1.  Objectives of the proposal in terms of their financial cost 

Commitment appropriations in EUR million (to 3 decimal places) 

Type of output 

Av. 
cost 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

of 

(Headings 
Objectives, 
actions 
and 
outputs should be 
provided) 

OPERATIONAL 
OBJECTIVE  No1. 
20… 

Action 
Common 
catalogue 

1 

- Output 1  Publication* 

0.01 

1 

0.010 

1 

0.010 

1 

0.010 

1 

0.010 

1 

0.010 

1 

0.010 

6 

0.060 

- Output 2 

Action  2  reports 
of 
the 
Community  tests 
and trials 

- Output 1  Publication* 

0.01 

1 

0.010 

1 

0.010 

1 

0.010 

1 

0.010 

1 

0.010 

1 

0.010 

6 

Sub-total 
Objective 1 

OPERATIONAL 
OBJECTIVE  No.2 
1……… 

0.020 

0.020 

0.020 

0.020 

0.020 

0.020 

20 

As described under Section 5.3. 

EN 

54 

0.060 

0.120 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Action 
1Community 
comparative  tests 
and trials  

- Output 1  Carrying out** 

4 

0.150 

4 

0.150 

4 

0.150 

4 

0.170 

4 

0.170 

4 

0.170 

24 

0.150 

0.150 

0.150 

0.170 

0.170 

0.170 

0.960 

0.960 

Sub-total 
Objective 2 

TOTAL COST 

0.170 

0.170 

0.170 

0.190 

0.190 

0.190 

1.080 

* 

** 

continuous updating based on the information provided by Member States 

carrying out by giving subvention to the State authorities or legal persons acting under the responsibility of the State with a maximum of 80% of the total eligible costs  

EN 

55 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8.2  Administrative Expenditure 

8.2.1. Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or additional 
resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

0.5  

0.3  

0.5  

0.3  

0.4  

0.3  

0.4  

0.3  

0.4  

0.3  

0.4  

0.3  

A*/AD 

B*, 
C*/AST 

Officials 
or 
temporary 
staff21 
(17. 01 
01) 

Staff  financed22  by 
art. XX 01 02 

staff23 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

0.8 

0.8 

0.7 

0.7 

0.7 

0.7 

8.2.2. Description of tasks deriving from the action 

Examination  of 
reports  and  other 
reports/proposals  from  Member  States,  and  preparation  of  proposals  for 
implementing measures, where appropriate; 

the  post-control 

technical 

Control  of  the  implementation  by  Member  States  of  the  measures 
foreseen in the Directive; 

Preparation  of  legislation  to  harmonise  conditions  for  the  marketing, 
criteria, control measures; 

Examination  of  the  post-control  technical  and  financial  reports  on  the 
carrying out of the Community comparative tests and trials prepared by 
Member States competent authorities, preparations  of  commitments and 
pass to payment. 

21 
22 
23 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

56 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.3. Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of 
posts originating from each of the sources) 

X 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts  currently  allocated  to  the  management  of  the  programme  to 
be replaced or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the 
managing service (internal redeployment) 

Posts  required  for  year  n  although  not  foreseen  in  the  APS/PDB 
exercise of the year in question 

8.2.4. Other  Administrative  expenditure  included  in  reference  amount  (XX  01 

04/05 – Expenditure on administrative management) 

NOT APPLICABLE 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and 
later 

TOTAL 

Budget line 

(number and heading) 

1. 

Technical and administrative 
assistance  (including  related 
staff costs) 

Executive agencies24 

Other technical and 
administrative assistance 

– 

– 

intra muros  

extra muros. 

Total Technical and administrative 
assistance 

24 

Reference should be made to the specific legislative financial statement for the Executive Agency(ies) 
concerned. 

EN 

57 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.5. Financial cost of human resources and associated costs not included in 

the reference amount  

EUR million (to 3 decimal places) 

Type of human resources 

Year n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and later 

Officials and temporary staff 
(XX 01 01) 

Staff financed by Art XX 01 02 
(auxiliary, END, contract staff, etc.) 
(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

0.086 

0.086 

0.076 

0.076 

0.076 

0.076 

0.086 

0.086 

0.076 

0.076 

0.076 

0.076 

Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

0.8 officials x 0.108 € for the years n and n+1 
0.7 officials x 0.108 € for the years after the year n+2  

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
8.2.6  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

Year 
n+5 
and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

0.020 

0.020 

0.020 

0.020 

0.020 

0.020 

0.120 

XX  01  02  11  02  –  Meetings  & 
Conferences 

XX 01 02 11 03 – Committees25 
Standing 
on 
Propagating  Material  and  Plants 
of Fruit Genera and Species  

Committee 

XX  01  02  11  04  –  Studies  & 
consultations 

XX  01  02  11  05  -  Information 
systems 

Total  Other  Management 
Expenditure (XX 01 02 11) 

Other  expenditure  of  an 
administrative 
nature 
(specify  including  reference  to 
budget line) 

2. 

3. 

Total Administrative expenditure, 
other than human resources and 
associated costs (NOT included in 
reference amount) 

0.060 

0.060 

0.060 

0.060 

0.060 

0.06 

0.360 

0.050 

0.050 

0.050 

0.050 

0.050 

0.050 

0.300 

0.130 

0.130 

0.130 

0.130 

0.130 

0.130 

0.780 

25 

Specify the type of committee and the group to which it belongs. 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation - Other administrative expenditure not included in reference amount 

10 missions with a unit cost of 2000 € are foreseen, including in particular to follow the 
evaluations  performed  by  the  European  Food  Safety  Authority  and  to  assist  in  the 
coordination of Member State activities. 

The organisation of meetings to prepare the necessary implementing measures including 
the meeting for the post-control exercise (Community comparative tests and trials). 

2 Meetings of the Standing Committee (unit cost 25.000 €) are foreseen every year. 

Calculation - Other administrative expenditure not included in reference amount 

......... 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to the managing DG in the framework of the annual allocation procedure. 

EN 

60 

   EN