Proposal for a Council Directive on the marketing of vegetable propagating and planting material, other than seed (Codified version)
Date: 2007-12-21
Institutions: European Commission
Subjects: codification of EU law, health control, marketing, plant propagation, seedling, vegetable

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.12.2007 
COM(2007) 852 final 

2007/0296 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the marketing of vegetable propagating and planting material, other than seed 

(Codified version) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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 new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 92/33/EEC  of  28  April  1992  on  the  marketing  of  vegetable  propagating 
and planting material, other than seed3. The new Directive will supersede the various 
acts  incorporated  in  it4;  this  proposal  fully  preserves  the  content  of  the  acts  being 
codified and hence does no more than bringing them together with only such formal 
amendments as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
Annex III, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive  92/33/EEC  and  the  instruments  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex IV to the codified Directive. 

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(cid:208) 92/33/EEC (adapted) 

2007/0296 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE 

on the marketing of vegetable propagating and planting material, other than seed 

(Text with EEA relevance) 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

Council  Directive  92/33/EEC  of  28  April  1992  on  the  marketing  of  vegetable 
propagating  and  planting  material,  other  than  seed6  has  been  substantially  amended 
several  times7.  In  the  interests  of  clarity  and  rationality  the  said  Directive  should  be 
codified. 

(cid:208)  

(2) 

The  production  of  vegetables  occupies  an  important  place  in  agriculture  in  the 
Community. 

(cid:208) 92/33/EEC Recital 1 

(3) 

Satisfactory  results  in  the  cultivation  of  vegetables  depend  to  a  large  extent  on  the 
quality  and  plant  health  not  only  of  the  seed,  which  is  already  covered  by  Council 

(cid:208) 92/33/EEC Recital 2 (adapted) 

5 
6 

7 

OJ […], […], p. […]. 
OJ L 157, 10.6.1992, p. 1. Directive as last amended by Commission Decision 2007/699/EC (OJ L 339, 
284, 30.10.2007, p. 33). 
See Annex III, Part A. 

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Directive ⌦ 2002/55/EC of 13 June 2002 ⌫ on the marketing of vegetable seed8, but 
also of the vegetable planting material used for their propagation.  

(4) 

The  different  treatment  accorded  to  vegetable  propagating  and  planting  material  in 
different  Member  States  is  likely  to  create  barriers  to  trade  and  thus  hinder  the  free 
movement of these products within the Community. 

(cid:208) 92/33/EEC recital 3 (adapted) 

(5) 

Harmonised conditions at Community level should ensure that purchasers throughout 
the Community receive vegetable propagating and planting material which is healthy 
and of good quality. 

(cid:208) 92/33/EEC Recital 4 (adapted) 

(6) 

In so far as they relate to plant health, such harmonised conditions must be consistent 
with Council Directive ⌦ 2000/29/EC of 8 May 2000 on protective measures against 
the introduction into the Community of organisms harmful to plants or plant products 
and against their spread within the Community ⌫9. 

(cid:208) 92/33/EEC Recital 5 (adapted) 

(cid:208) 92/33/EEC Recital 6 

(7)  Without  prejudice  to  the  plant-health  provisions  of  Directive  2000/29/EC,  it  is  not 
appropriate to apply the Community rules on the marketing of vegetable propagating 
and planting  material  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 
vegetable plant requires lengthy and detailed technical and scientific consideration. A 
procedure should accordingly be established for that purpose. 

(cid:208) 92/33/EEC Recital 7 

8 

9 

OJ  L  193,  20.7.2002,  p.  33. Directive  as  last  amended  by  Commission  Directive  2006/124/EC  (OJ  L 
339, 6.12.2006, p. 12). 
OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2007/41/EC (OJ L 169, 
29.6.2007, p. 51). 

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(9) 

In  the  first  instance  it  is  the  responsibility  of  the  suppliers  of  vegetable  propagating 
and  planting  material  to  ensure  that  their  products  fulfil  the  conditions  laid  down  in 
this Directive. 

(cid:208) 92/33/EEC Recital 8 

(10)  The  competent  authorities  of  the  Member  States  should,  when  carrying  out  controls 

and inspections, ensure that suppliers fulfil those conditions. 

(cid:208) 92/33/EEC Recital 9 

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

(cid:208) 92/33/EEC Recital 10 (adapted) 

(12) 

It is in the interests of the purchasers of vegetable propagating and planting materials 
that the name of varieties be known and their identity safeguarded. 

(cid:208) 92/33/EEC Recital 11 

(13)  To that end, provision should be made as far as possible for the application of the rules 

on the varietal aspect as established with respect to the marketing of vegetable seed. 

(cid:208) 92/33/EEC Recital 12 

(14) 

In  order  to  ensure  the  identity  and  orderly  marketing  of  vegetable  propagating  and 
planting material, Community rules should be laid down concerning the separation of 
lots, and marking. The labels used should give the particulars needed both for official 
controls and for the information of the user. 

(cid:208) 92/33/EEC Recital 13 

(15)  Rules should be established permitting, in cases of temporary supply difficulties, the 
marketing of vegetable propagating and planting material subject to requirements less 
stringent than those contained in this Directive. 

(cid:208) 92/33/EEC Recital 14 

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(16)  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 on the marketing, other than those provided for in this Directive. 

(cid:208) 92/33/EEC Recital 15 (adapted) 

(17)  Provisions  should  be  made  for  authorising  the  marketing  within  the  Community  of 
vegetable  propagating  and  planting  material  produced  in  third  countries,  provided 
always  that  it  affords  the  same  assurances  as  vegetable  propagating  and  planting 
material produced in the Community and complying with Community rules. 

(cid:208) 92/33/EEC Recital 16 

(18) 

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

(cid:208) 92/33/EEC Recital 17 

(19)  ⌦ The  measures  necessary  for  the  implementation  of  this  Directive  should  be 
adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying 
down  the  procedures  for  the  exercise  of  implementing  powers  conferred  on  the 
Commission10. ⌫ 

(cid:208) 92/33/EEC Recital 18 (adapted) 

(20)  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:208)  

10 

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

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HAS ADOPTED THIS DIRECTIVE: 

(cid:208) 92/33/EEC 

Article 1 

1. This Directive shall apply to the marketing of vegetable propagating and planting materials, 
other than seeds, within the Community. 

2.  Articles  2  to  20  and  Article  23  shall  apply  to  the  genera  and  species,  and  their  hybrids, 
listed in Annex II. 

(cid:208) 92/33/EEC (adapted) 

Rootstocks and other parts of plants of other genera or species or their hybrids shall also be 
subject  to  ⌦ those ⌫  Articles  if  material  of  one  of  those  genera  or  species,  or  of  their 
hybrids, is, or has to be, grafted on to them. 

3. Amendments to the list of genera and species in Annex II shall be adopted in accordance 
with the procedure ⌦ referred to ⌫ in Article 21(3). 

(cid:208) 92/33/EEC 

Article 2 

This  Directive  shall  not  apply  to  propagating  or  planting  material  shown  to  be  intended  for 
export to third countries, if properly identified as such and kept sufficiently isolated, without 
prejudice to the health rules laid down in Directive 2000/29/EC. 

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

(cid:208) 92/33/EEC (adapted) 

(cid:208) 92/33/EEC 

Article 3 

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

(a) 

‘propagating  material’  means  parts  of  plants  and  all  plant  material,  including 
rootstocks intended for the propagation and production of vegetables; 

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(b) 

(c) 

(d) 

‘planting  material’  means  entire  plants  and  parts  of  plants  including,  for  grafted 
plants,  the  grafted  components,  intended  for  planting  for  the  production  of 
vegetables; 

‘supplier’ means any natural or legal person carrying out professionally at least one 
of  the  following  activities  with  regard  to  vegetable  propagating  and  planting 
material: reproducing, producing, preserving and/or treating and marketing; 

‘marketing’ means the holding available or in stock, displaying or offering for sale, 
selling  and/or  delivering  to  another  person,  in  whatever  form,  of  propagating  or 
planting material; 

(e) 

‘responsible official body’ means 

(i) 

the  sole  and  central authority,  established or designated by the Member  State 
under the supervision of the national government and responsible for questions 
concerning quality; 

(ii) 

any State authority established: 

– 

– 

either at national level, 

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

(cid:208) 92/33/EEC (adapted) 

The  bodies  referred  to  in  (i)  and  (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 (i) and those referred to in (ii). 

(cid:208) 92/33/EEC 

(cid:208) 92/33/EEC (adapted) 

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

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(cid:208) 92/33/EEC 

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

‘official measures’ means measures taken by the responsible official body; 

‘official inspection’ means an inspection carried out by the responsible official body; 

‘official  statement’  means  a  statement  issued by, or  under the responsibility of,  the 
responsible official body; 

‘lot’ means a number of units of a single commodity, identifiable by its homogeneity 
of composition and origin; 

‘laboratory’  means  a  public  or  private  law  entity  carrying  out  analysis  and  proper 
diagnosis, enabling the producer to monitor production quality. 

(f) 

(g) 

(h) 

(i) 

(j) 

Article 4 

(cid:208) 92/33/EEC (adapted) 

In  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article  21(3),  a  schedule  shall  be 
established in Annex I for each genus and species referred to in Annex II and for rootstocks of 
other genera and species if material of the genus or species is, or has to be, grafted on to them, 
with a reference to the plant-health conditions laid down in Directive 2000/29/EC applying to 
the genus and/or species concerned, and laying down: 

(a) 

(b) 

the  conditions  with  which  vegetable  planting  material  must  comply,  in  particular 
those  relating  to  the  quality  and  purity  of  the  crop  and,  where  appropriate  varietal 
characteristics. These ⌦ conditions ⌫ shall be added to Annex I, Part A; 

the  conditions  with  which  propagating  material  must  comply,  in  particular  those 
relating to the propagation system applied, the purity of the growing crop and, where 
appropriate,  the  varietal  characteristics.  These  conditions ⌦ shall ⌫  be  set  out  in 
Annex I, Part B. 

(cid:208) 92/33/EEC 

Article 5 

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

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2.  For  the  purposes  of  paragraph  1,  the  said  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  and  planting  material,  to  be  held  at  the  disposal  of  the 
responsible official body. These documents and records shall be kept for a period of 
at least one year. 

However, suppliers whose activity in this connection is confined merely to the distribution of 
vegetable  propagating  and  planting  material  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 such products. 

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

(cid:208) 92/33/EEC (adapted) 

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  2000/29/EC  or,  in  quantities  greater  than  those  normally  allowed  for  in  order  to 
meet the standards, of those specified in the relevant schedules established pursuant to Article 
4 of this Directive, the suppliers shall immediately report this to the responsible official body 
and shall take 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 
occurrences  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 
established in accordance with the procedure ⌦ referred to ⌫ in Article 21(2). 

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(cid:208) 92/33/EEC 

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. Accreditation must be renewed if a supplier decides 
to carry out activities other than those for which he has received accreditation. 

(cid:208) 92/33/EEC (adapted) 

2.  The  responsible  official  body  shall  accredit  laboratories  once  it  has  verified  that  these 
laboratories, their methods and their establishments meet the requirements of this Directive to 
be specified in accordance with the procedure ⌦ referred to ⌫ in Article 21(2), with regard 
to the testing activities they carry out. 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. 

(cid:208) 92/33/EEC 

(cid:208) 92/33/EEC (adapted) 

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  ⌦ referred 
to ⌫ in Article 21(2). 

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

(cid:208) 92/33/EEC 

Article 7 

1.  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  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 

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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 ⌫ in Article 21(2). 

(cid:208) 92/33/EEC (adapted) 

(cid:208) 92/33/EEC 

Article 8 

1. Vegetable propagating and planting material may be marketed only by accredited suppliers 
and  provided  that  they  meet  the  requirements  laid  down  in  the  schedule  referred  to  in 
Article 4. 

2. Without prejudice to the provisions of Directive 2000/29/EC, paragraph 1 shall not apply to 
vegetable propagating and planting material intended for: 

(a) 

(b) 

(c) 

trials or scientific purposes; or 

selection work; or 

measures aimed at preserving genetic diversity. 

3. Detailed rules for the application of points (a), (b) ⌦ and (c) of paragraph 2 ⌫ shall be 
adopted as necessary in accordance with the procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 92/33/EEC (adapted) 

(cid:208) 92/33/EEC 

Article 9 

1. Without prejudice to Article 2, vegetable propagating and planting material which belongs 
to genera or species listed in Annex II and is also covered by Directive 2002/55/EC shall not 
be marketed within the Community unless it belongs to a variety accepted in accordance with 
that Directive . 

2. Without prejudice to Article 2 and paragraph 3 of this Article, vegetable propagating and 
planting  material  which  belongs  to  genera  or  species  listed  in  Annex  II  but  which  is  not 

(cid:208) 92/33/EEC (adapted) 

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covered  by  Directive  2002/55/EC  shall  not  be  marketed  within  the  Community  unless  it 
belongs to a variety officially accepted in at least one Member State. 

(cid:208) 92/33/EEC 

The provisions laid down in Articles 4 and 5 and Article 9(3) of Directive 2002/55/EC shall 
apply to the conditions for acceptance. 

Article 3(2) and (4), Articles 6, 7, 8, 9(1), (2) and (4) and Articles 10 to 15 of that Directive 
shall  apply  mutatis  mutandis  to  the  procedures  and  formalities  for  acceptance  and 
maintenance production. 

The results of unofficial tests and practical information gathered in the course of growing may 
be taken into consideration in each instance. 

3.  Varieties  officially  accepted  in  accordance  with  paragraph  2  shall  be  entered  in  the 
Common  Catalogue  of  Varieties  of  Vegetable  Species  referred  to  in  Article  17  of 
Directive 2002/55/EC.  Articles  16(2),  17,  18  and  19  ⌦ of  that  Directive ⌫  shall  apply 
mutatis mutandis. 

(cid:208) 92/33/EEC (adapted) 

(cid:208) 92/33/EEC 

Article 10 

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

2. If vegetable propagating and planting material of different origins is 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 the individual components. 

3.  Member  States  shall  ensure  compliance  with  the  requirements  of  paragraphs  1  and  2  by 
carrying out official inspections. 

Article 11 

1.  Without  prejudice  to  Article  10(2),  vegetable  propagating  and  planting  material  shall  be 
marketed only in sufficiently homogeneous lots and if they are recognised as complying with 
this  Directive  and  are  accompanied  by  a  document  made  out  by  the  supplier  in  accordance 
with the conditions laid down in the schedule established pursuant to Article 4. If an official 
statement appears on this document, it shall be clearly separated from all other contents of the 
document. 

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Requirements on vegetable propagating and planting material for labelling and/or sealing and 
packaging shall be set out in the schedule referred to in Article 4. 

2.  In  the  case  of  supply  by  the  retailer  of  vegetable  propagating  and  planting  material  to  a 
non-professional  final  consumer,  requirements  on  labelling  may  be  confined  to  appropriate 
product information. 

1. Member States may exempt: 

Article 12 

(a) 

(b) 

from the application of Article 11, small producers all of whose production and sales 
of vegetable propagating and planting material is intended for final use by persons on 
the  local  market  who  are  not  professionally  involved  in  plant  production  (“local 
circulation”); 

from  the  controls  and  official  inspection  provided  for  in  Article  18,  the  local 
circulation of vegetable propagating and planting materials produced by such exempt 
persons. 

2. Implementing measures relating to other requirements concerning the exemptions referred 
to in ⌦ paragraph 1 ⌫, in particular as regards the concepts of “small producers” and “local 
market”,  and  to  the  relevant  procedures,  shall  be  adopted  ⌦ in  accordance  with  the 
procedure referred to in Article 21(2) ⌫. 

(cid:208) 92/33/EEC (adapted) 

Article 13 

In  the  event  of  temporary  difficulties  in  the  supply  of  vegetable  propagating  and  planting 
material  satisfying  the  requirements  of  this  Directive,  measures  may  be  adopted,  in 
accordance with the procedure ⌦ referred to ⌫ in Article 21(2), concerning the marketing 
of  vegetable  propagating  and  planting  material  meeting  less  stringent  requirements,  without 
prejudice to the plant-health rules laid down in Directive 2000/29/EC. 

(cid:208) 92/33/EEC 

Article 14 

1.  The  marketing  of  vegetable  propagating  and  planting  material  which  complies  with  the 
requirements  and  conditions  of  this  Directive  shall  be  subject  to  no  restrictions  as  regards 
supplier,  plant  health,  growing  medium  and  inspection  arrangements  other  than  those  laid 
down in this Directive. 

2. The marketing of vegetable propagating and planting material whose variety is entered in 
the  Common  Catalogue  of  Varieties  of  Vegetable  Species  shall  not  be  subject  to  any 
restriction as regards variety other than those laid down or referred to in this Directive. 

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Article 15 

As regards the products 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 in Article 4 or, failing that, those existing on ⌦ 28 April 1992 ⌫. 

(cid:208) 92/33/EEC (adapted) 

Article 16 

1.  In  accordance  with  the  procedure ⌦ referred  to ⌫  in  Article  21(2),  it  shall  be  decided 
whether  vegetable  propagating  and  planting  material  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,  is 
equivalent in all these respects to vegetable propagating and planting material produced in the 
Community and complying with the requirements and conditions of this Directive. 

(cid:208) 92/33/EC 
(cid:206)1 2007/699/EC Art. 1 

to 

the  decision  referred 

in  paragraph  1,  Member  States  may,  until 
2.  Pending 
(cid:206)1 31 December 2012 , and without prejudice to the provisions of Directive 2000/29/EC, 
apply  to  the  import  of  vegetable  propagating  and  planting  material  from  third  countries 
conditions at least equivalent to those laid down temporarily or permanently in the schedules 
referred  to  in  Article  4  of  this  Directive.  Where  no  such  conditions  are  laid  down  in  those 
schedules, the import conditions must be at least equivalent to those applicable to production 
in the Member State concerned.  

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

(cid:208) 92/33/EEC (adapted) 

Vegetable propagating and planting material 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) 92/33/EEC 

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16 

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Article 17 

Member  States  shall  ensure  that  official  inspection  by  sampling  checks  on  propagating  and 
planting  material  is  carried  out  during  production  and  marketing,  with  the  aim  of  verifying 
compliance with the requirements and conditions of this Directive. 

Article 18 

Detailed  implementing  procedures  for  the  controls  provided  for  in  Article  5  and  for  the 
official inspection provided  for in Articles 10 and 17, including sampling methods, shall be 
adopted, as necessary, in accordance with the procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 92/33/EEC (adapted) 

(cid:208) 92/33/EEC 

Article 19 

1.  If,  during  the  supervision  and  monitoring  provided  for  in  Article  6(4),  the  official 
inspection provided for in Article 17, or the trials provided for in Article 20, it is found that 
vegetable propagating and planting material does not meet the requirements of this Directive, 
the responsible official body of the Member State shall take appropriate action to ensure that 
it  does  comply  with  the  provisions  of  this  Directive  or,  if  that  is  not  possible,  to  ban  the 
marketing of that vegetable propagating and planting material in the Community. 

2.  If  it  is  found  that  vegetable  propagating  and  planting  material  marketed  by  a  particular 
supplier does 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  vegetable  propagating  and  planting  material,  the  Member 
State  shall  notify  the  Commission  and  the  competent  national  authorities  in  the  Member 
States. 

3.  Any  measures  taken  under  paragraph  2  shall  be  withdrawn  as  soon  as  it  has  been 
established  with  adequate  certainty  that  the  vegetable  propagating  and  planting  material 
intended  for  marketing  by  the  supplier  will,  in  future,  comply  with  the  requirements  and 
conditions of this Directive. 

(cid:208) 2003/61/EC Art. 1(4) 

Article 20 

1. Trials, or, where appropriate, tests shall be carried out in the Member States on samples to 
check  that  vegetable  propagating  and  planting  material  complies  with  the  requirements  and 
conditions  of  this  Directive,  including  those  relating  to  plant  health.  The  Commission  may 

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organise  inspections  of  the  trials  by  representatives  of  the  Member  States  and  of  the 
Commission. 

2. Community comparative tests and trials may be carried out within the Community for the 
post-control of samples of vegetable propagating and planting material 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: 

– 

– 

– 

vegetable propagating and planting material produced in third countries, 

vegetable propagating and planting material suitable for organic farming, 

vegetable propagating and planting material marketed in relation to measures aimed 
at preserving genetic diversity. 

3.  Those  comparative  tests  and  trials  shall  be  used  to  harmonise  the  technical  methods  of 
examination  of  vegetable  propagating  and  planting  material  and  to  check  satisfaction  of  the 
conditions with which the material must comply. 

(cid:208) 2003/61/EC Art. 1(4) (adapted) 

4. In accordance with the procedure referred to in Article 21(2), the necessary arrangements 
⌦ shall be made ⌫ for the comparative tests and trials to be carried out. The Commission 
shall inform the Committee referred to in Article 21(1) about the technical arrangements for 
holding those 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 
⌦ comparative ⌫ tests and trials ⌦ provided for ⌫ in paragraphs 2 and 3. 

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

6.  The  ⌦ comparative ⌫  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 ⌫ in Article 21(2). 

7. The ⌦ comparative ⌫ tests and trials ⌦ provided for ⌫ in paragraphs 2 and 3 may be 
performed  only  by  State  authorities  or  legal  persons  acting  under  the  responsibility  of  the 
State. 

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(cid:208) 806/2003, Article 2 and 
Annex II, pt. 6 (adapted) 

Article 21 

1.  The  Commission  shall  be  assisted  by  the  ‘Standing  Committee  on  ⌦ Seeds  and 
Propagating  Materials for Agriculture, Horticulture and Forestry ⌫’, hereinafter referred to 
as ‘the Committee’. 

2. Where reference is made to this paragraph, 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. 

(cid:208) 806/2003, Article 3 and 
Annex III, pt. 27 (adapted) 

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

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

4. The Committee shall adopt its Rules of Procedure. 

(cid:208) 806/2003, Article 2 and 
Annex II, pt. 6 

(cid:208) 92/33/EEC (adapted) 

Article 22 

Amendments to the schedules referred to in Article 4 and to the conditions and detailed rules 
adopted  for  the  implementation  of  this  Directive  shall  be  adopted  in  accordance  with  the 
procedure ⌦ referred to ⌫ in Article 21(2). 

(cid:208) 92/33/EEC 

Article 23 

1. Member States shall ensure that vegetable propagating and planting material produced in 
their territory and intended for marketing complies with the requirements of this Directive. 

EN 

19 

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2. If it is found, during an official inspection, that vegetable propagating and planting material 
cannot, by reason of non-compliance with a condition relating to plant health, be marketed, 
the  Member  State  concerned  shall  take  appropriate  official  measures  to  eliminate  any 
consequent plant-health risk. 

(cid:208) 92/33/EEC (adapted) 

Article 24 

As far as Articles 5 to 11, 14, 15, 17, 19 and 23 are concerned, the date of application for each 
of  the  genera  or  species  referred  to  in  Annex  II  shall  be  fixed  in  accordance  with  the 
procedure  ⌦ referred  to ⌫  in  Article  21(2),  when  the  schedule  referred  to  in  Article  4  is 
drawn up. 

(cid:208)  

Article 25 

Directive 92/33/EEC, as amended by the acts listed in Annex III, Part A, is repealed, 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. 

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 IV. 

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

Article 26 

(cid:208) 92/33/EEC 

Article 27 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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20 

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(cid:208) 92/33/EEC 

ANNEX I 

Conditions to be laid down in accordance with Article 4 

Conditions with which planting material must comply. 

Part A 

Part B 

Schedules  for  genera  and  species  not  listed  in  Directive  2002/55/EC  containing  conditions 
with which propagating material must comply. 

__________ 

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21 

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(cid:208) 92/33/EEC 

ANNEX II 

List of the genera and species referred to in Article 1(2) 

Allium cepa L. 

– 

– 

Cepa Group 

Aggregatum Group 

Allium fistulosum L. 

Allium porrum L. 

Allium sativum L. 

Allium schoenoprasum L. 

Anthriscus cerefolium (L.) Hoffm. 

Apium graveolens L. 

Asparagus officinalis L. 

(cid:208) 2006/124/EC Annex 

Onion 

Echalion 

Shallot 

Japanese bunching onion or Welsh onion 

Leek 

Garlic 

Chives 

Chervil 

Celery 

Celeriac 

Asparagus 

Beta vulgaris L. 

Beetroot including Cheltenham beet 

Spinach beet or Chard 

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Brassica oleracea L. 

Curly kale 

Cauliflower 

Sprounting broccoli or Calabrese 

Brassica rapa L. 

Capsicum annuum L. 

Chicorium endivia L. 

Chicorium intybus L. 

Brussels sprouts 

Savoy cabbage 

White cabbage 

Red cabbage 

Kohlrabi 

Chinese cabbage 

Turnip 

Chilli or Pepper 

Curled-leaved endive 

Plain-leaved endive 

Witloof chicory 

Large-leaved chicory or Italian chicory 

Industrial chicory 

Citrullus lanatus (Thunb.) Matsum. et Nakai 

Watermelon 

Cucumis melo L. 

Cucumis sativus L. 

Cucurbita maxima Duchesne 

Melon 

Cucumber 

Gherkin 

Gourd 

Cucurbita pepo L. 

Marrow or Courgette 

Cynara cardunculus L. 

Globe artichoke 

Daucus carota L. 

Foeniculum vulgare Mill. 

Cardoon 

Carrot 

Fodder carrot 

Fennel 

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Lactuca sativa L. 

Lycopersicon esculentum Mill. 

Petroselinum  crispum  (Mill.)  Nyman  ex  A.  W. 
Hill 

Lettuce 

Tomato 

Parsley 

Phaseolus coccineus L. 

Runner bean 

Phaseolus vulgaris L. 

Pisum sativum L. (partim) 

Raphanus sativus L. 

Rheum rhabarbarum L. 

Dwarf French bean 

Climbing French bean 

Wrinkled pea 

Round pea 

Sugar pea 

Radish 

Black radish 

Rhubarb 

Scorzonera hispanica L. 

Scorzonera or Black salsify 

Solanum melongena L. 

Aubergine or Egg plant 

Spinacia oleracea L. 

Spinach 

Valerianelle locusta (L.) Laterr. 

Corn salad or Lamb's lettuce 

Vicia faba L. (partim) 

Zea mays L. (partim) 

Broad bean 

Sweet corn 

Popcorn 

__________ 

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(cid:207) 

ANNEX III 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 25) 

Council Directive 92/33/EEC 
(OJ L 157, 10.6.1992, p. 1) 

Commission Decision 93/400/EEC 
(OJ L 177, 21.7.1993, p. 27) 

Commission Decision 94/152/EC 
(OJ L 66, 10.3.1994, p. 33) 

Commission Decision 95/25/EC 
(OJ L 36, 16.2.1995, p. 34) 

Commission Decision 97/109/EC 
(OJ L 39, 8.2.1997, p. 21) 

Commission Decision 1999/29/EC 
(OJ L 8, 14.1.1999, p. 29) 

Commission Decision 2002/111/EC 
(OJ L 41, 13.2.2002, p. 43) 

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

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

Commission Decision 2005/55/EC 
(OJ L 22, 26.1.2005, p. 17) 

Commission Directive 2006/124/EC 
(OJ L 339, 6.12.2006, p. 12) 

Commission Decision 2007/699/EC 
(OJ L 284, 30.10.2007, p. 33) 

Only  Annex  II,  point  6  and 
Annex III, point 27 

Only Article 1, point 4 

Only Article 1 and Annex 

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Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 25) 

Directive 

Time-limit for transposition 

Date of application 

92/33/EEC 

2003/61/EC 

31 December 1992 

10 October 2003 

- 

- 

2006/124/EC 

30 June 2007 

1 July 200711 

_____________ 

11 

In  accordance  with  the  second  subparagraph  of  Article  3(1)  of  Directive  2006/124/EC:  “They  shall 
apply  the  provisions  from  1  July  2007.  However,  they  may  postpone  until  31  December  2009  the 
application  of  the  provisions  in  respect  of  the  official  acceptance  of  varieties  belonging  to 
Allium cepa L. (aggregatum group), Allium fistulosum L., Allium sativum L., Allium schoenoprasum L., 
Rheum rhabarbarum L. and Zea mays L.”. 

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ANNEX IV 

CORRELATION TABLE 

Directive 92/33/EEC 

This Directive 

Articles 1, 2 and 3 

Articles 1, 2 and 3 

Article 4, introductory phrase 

Article 4, introductory phrase 

Article 4, points (i) and (ii) 

Article 4, points (a) and (b) 

Articles 5, 6 and 7 

Article 8(1) 

Article 8(2), first subparagraph 

Articles 5, 6 and 7 

Article 8(1) 

Article 8(2) 

Article 8(2), second subparagraph 

Article 8(3) 

Article 9(1) and (2) 

Article 9(1) and (2) 

Article 9(3) 

- 

Article 9(4), first subparagraph 

Article 9(3) 

Article 9(4), second subparagraph 

- 

Articles 10 and 11 

Articles 10 and 11 

Article  12, 
phrase 

first  paragraph, 

introductory 

Article 12(1) introductory phrase 

Article  12,  first  paragraph,  first  and  second 
indents 

Article 12(1)(a) and (b) 

Article 12, second paragraph 

Article 12(2) 

Articles 13 to 20 

Articles 13 to 20 

Article 21(1) and (2) 

Article 21(1) and (2) 

Article 21(3) 

Article 22(1) 

Article 22(2) 

Article 23 

Article 24 

Article 21(4) 

- 

Article 21(3) 

Article 22 

Article 23 

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Article 25(1) 

Article 25(2) 

- 

- 

Article 26 

Annexes I and II 

- 

- 

Article 24 

Article 25 

Article 26 

Article 27 

Annexes I and II 

Annexes III and IV 

_____________ 

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