Proposal for a Council Directive …/…/EC of […] on the marketing of material for the vegetative propagation of the vine
Date: 2008-02-21
Institutions: European Commission
Subjects: Council of the European Union, EC Directive, codification of EU law, marketing, marketing standard, plant propagation, vineyard

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.2.2008 
COM(2008) 91 final 

2008/0039 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE …/…/EC 

of […] 

on the marketing of material for the vegetative propagation of the vine 

(presented by the Commission) 

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Proposal for a 

COUNCIL DIRECTIVE …/…/EC 

of […] 

on the marketing of material for the vegetative propagation of the vine 

(Codified version) 

(presented by the Commission) 

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1. 

2. 

3. 

4. 

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  Edinburgh  European  Council 
The  Conclusions  of 
(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 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative 
propagation  of  the  vine3.  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 bring them together with only such formal amendments 
as are required by the codification exercise itself. 

1 
2 
3 

4 

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. 
See Annex V, Part A of this proposal. 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in all official languages, of Directive 68/193/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 VI to the codified Directive. 

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(cid:208) 68/193/EEC (adapted) 

2008/0039 (CNS) 

Proposal for a 

COUNCIL DIRECTIVE …/…/EC 

of […] 

on the marketing of material for the vegetative propagation of the vine 

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 Parliament1, 
Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(1) 

Council  Directive  68/193/EEC  of  9  April  1968  on  the  marketing  of  material  for  the 
vegetative propagation of the vine3 has been substantially amended several times4. In 
the interests of clarity and rationality the said Directive should be codified. 

(cid:208)  

(2) 

The production of wine and table grapes occupies an important place in the agriculture 
of the Community. 

(cid:208) 68/193/EEC Recital 1 (adapted) 

(cid:208) 68/193/EEC Recital 2 (adapted) 

(3) 

Satisfactory  results  in  vine  cultivation  depend  to  a  large  extent  on  the  use  of 
appropriate ⌦ propagating ⌫ material. To this end, certain Member States have for 
some time restricted the marketing of vine vegetative ⌦ propagating ⌫ material to 
high quality wood and young plants. Those States have been able to take advantage of 
the systematic plant selection work carried out over several decades which has resulted 

1 
2 
3 

4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 93, 17.4.1968, p. 15. Directive as last amended by Commission Directive 2005/43/EC (OJ L 164, 
24.6.2005, p. 37). 
See Annex V, Part A. 

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in  the  development  of  stable  and  uniform  vine  varieties  which,  by  reason  of  their 
characters, promise to be of great value for the purposes in view. 

(4) 

Greater productivity ⌦ can ⌫ be achieved in the Community vine cultivation if for 
the  choice  of  the  varieties  permitted  to  be  marketed  Member  States  apply  uniform 
rules which are as strict as possible. 

(cid:208) 68/193/EEC Recital 3 (adapted) 

(5) 

It  is,  however,  justifiable  to  restrict  marketing  to  certain  varieties  only  if  the  vine 
grower  can  be  sure  of  actually  obtaining  ⌦ propagating ⌫  material  of  those 
varieties. 

(cid:208) 68/193/EEC Recital 4 (adapted) 

(6) 

(7) 

(cid:208) 68/193/EEC Recital 7 (adapted) 

As a general rule, ⌦ propagating ⌫ material intended for the production of grapes or 
for  the  production  of ⌦ propagating ⌫  material  should  be  allowed  to  be  marketed 
only if it has been officially examined and certified, in accordance with the rules for 
certification, as ⌦ initial propagating material, ⌫ basic ⌦ propagating ⌫ material 
or certified ⌦ propagating ⌫ material.  

(cid:208) 68/193/EEC Recital 8 (adapted) 

It  would  be  desirable  to  restrict  marketing  to  certified  vine  ⌦ propagating ⌫ 
material obtained by clonal selection. However, it is at present impossible to attain this 
objective  since  Community  requirements  could  not  be  entirely  covered  by  such 
material.  Therefore,  the  marketing  of  checked  standard  ⌦ propagating ⌫  material 
which must also possess identity and varietal purity but which does not always afford 
the  same  assurances  as  ⌦ propagating ⌫  material  obtained  by  clonal  selection 
should  be  allowed  provisionally.  However,  this  category  should  gradually  be 
eliminated. 

(8)  Member  States  ⌦ should  be  able  to ⌫  authorise ⌦ , under  certain  conditions, ⌫ 

the marketing of propagating material for trials, scientific purposes or selection work. 

(cid:208) 2002/11/EC Recital 3 (adapted) 

(9) 

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

(cid:208) 2002/11/EC Recital 2 

(10) 

It is necessary for each Member State to compile a catalogue of varieties accepted for 
certification and for checking as standard ⌦ propagating ⌫ material in its territory. 

(cid:208) 71/140/EEC Recitals 5 
(adapted), 6 and 7 (adapted) 

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Uniform  rules  should  be  used  for  compiling  these  catalogues  so  that  the  varieties 
accepted  will  be  distinct,  stable  and  sufficiently  uniform.  In  order  to  carry  out  the 
examinations for the acceptance of a variety, a large number of criteria and minimum 
requirements ⌦ should ⌫ be laid down. 

(cid:208) 68/193/EEC Recital 9 (adapted) 

(11) 

If  vines  are  not  propagated  or  if  ⌦ propagating ⌫  material  is  not  marketed  in  a 
Member State, it seems justifiable to exempt that State from the obligation to arrange 
for  certification  or  for  checking  of  standard  ⌦ propagating ⌫  material  without 
however  affecting  its  obligation  to  restrict  marketing  to  certified ⌦ propagating ⌫ 
material and standard ⌦ propagating ⌫ material. 

(cid:208) 2002/11/EC Recitals 5 and 6 
(adapted) 

(12) 

It is important that genetically modified vine varieties are not accepted unless all the 
appropriate  measures  have  been  taken  to  avoid  any  risk  to  human  health  or  the 
environment.  A  specific  environmental  risk  assessment  should  be  carried  out 
equivalent  to  that  provided  for  in  Directive  2001/18/EC  of  the  European  Parliament 
and of the Council of 12 March 2001 on the deliberate release into the environment of 
genetically  modified  organisms  and  repealing  Council  Directive 90/220/EEC5  where 
vine variety propagating material is composed of genetically modified organisms.  

(13) 

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

to  guarantee 

(cid:208) 2002/11/EC Recital 9 (adapted) 

(14)  The  growing  of  vines  and  the  marketing  of  ⌦ propagating ⌫  material  may  be  of 
minimal  economic  importance  in  a  Member  State.  The  Member  State  concerned 
should therefore have the possibility of being exempted from most of the provisions of 
⌦ this ⌫ Directive. 

(cid:208) 74/648/EEC Recital 7 (adapted) 

(15)  ⌦ Propagating ⌫ material which is not placed on the market should not, in view of 
its  minor  economic  importance,  be  subject  to  Community  rules.  Member  States 
⌦ should ⌫ retain the right to make such material subject to special provisions. 

(cid:208) 68/193/EEC Recital 10 
(adapted) 

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

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(16)  Community  rules  should  not  apply  to  ⌦ propagating ⌫  material  shown  to  be 

intended for export to third countries. 

(cid:208) 68/193/EEC Recital 11 
(adapted) 

(cid:208) 68/193/EEC Recital 13 
(adapted) 

(17) 

(18) 

to 

improve  not  only 

In  order 
⌦ propagating ⌫  material,  but  also 
⌦ should ⌫ be laid down as to technical purity, quality and grading. 

the  genetic  ⌦ value ⌫  of  Community 
its  external  quality,  certain  conditions 

(cid:208) 68/193/EEC Recital 14 
(adapted) 

In  order  to  ensure  the  identity  of  the ⌦ propagating ⌫  material,  Community  rules 
⌦ should ⌫  be  laid  down  as  regards  the  separation  of  batches,  packaging,  sealing 
and marking. To this end, the labels should give the particulars needed both for official 
control  and  for  the  information  of  the  vine  grower  and  should  clearly  show  the 
Community nature of the certification. 

(cid:208) 68/193/EEC Recital 15 
(adapted) 

(19) 

In order to ensure that both the requirements as to the quality of ⌦ propagating ⌫ 
material  and  the  provisions  for  ensuring  its  identity  are  complied  with  during 
marketing,  Member  States  ⌦ should ⌫  make  provision  for  suitable  control 
arrangements. 

(cid:208) 68/193/EEC Recital 16 
(adapted) 

(20)  ⌦ Propagating ⌫ material satisfying those requirements should, without prejudice to 
Article  ⌦ 30 ⌫  of  the  Treaty,  be  subject  to  no  marketing  restrictions  other  than 
those provided for in Community rules. 

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

(cid:208) 2002/11/EC Recital 8 

(22)  Subject to certain conditions, ⌦ propagating ⌫ material produced in other Member 
States  from basic ⌦ propagating ⌫ material certified in a Member State should be 

(cid:208) 68/193/EEC Recital 18 
(adapted) 

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recognised  as  equivalent  to  ⌦ propagating ⌫  material  produced  in  that  Member 
State. 

(cid:208) 68/193/EEC Recital 19 
(adapted) 

(23)  During  periods 

in  obtaining  supplies  of 
there  are  difficulties 
⌦ propagating ⌫  material  ,  ⌦ propagating ⌫  material  satisfying  less  stringent 
requirements should temporarily be permitted to be marketed. 

in  which 

(cid:208) 68/193/EEC Recital 20 
(adapted) 

(24) 

In order to harmonise the technical methods of certification and of checking standard 
⌦ propagating ⌫  material  used  in  the  various  Member  States  and  to  enable 
comparisons  to  be  made  between  ⌦ propagating ⌫  material  certified  or  checked 
within the Community and that coming from third countries, Community tests should 
be  carried  out  in  Member  States  to  assess  the  quality  of  the  different  categories  of 
⌦ propagating ⌫ material. 

(cid:208) 2002/11/EC Recital 10 
(adapted) 

(25)  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 
Commission6. 

(26)  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 V, Part B, 

(cid:208)  

HAS ADOPTED THIS DIRECTIVE: 

Article 1 

(cid:208) 68/193/EEC 

This Directive shall apply to material for the vegetative propagation of the vine (hereinafter 
called ‘⌦ propagating ⌫ material’) marketed within the Community. 

(cid:208) 74/648/EEC Art. 2 (adapted) 

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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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(cid:208) 68/193/EEC 

Article 2 

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

(cid:208) 2002/11/EC Art. 1(1) 

(1) 

(2) 

Vines  ⌦ means ⌫  plants  of  the  genus  Vitis  (L.)  intended  for  the  production  of 
grapes or for use as ⌦ propagating ⌫ material for such plants; 

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

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(cid:208) 2002/11/EC Art. 1(1) 

(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; 

(3) 

Clone ⌦ means ⌫ the vegetative progeny of a variety which is true to a vine stock 
chosen  on  account  of  varietal  identity,  its  phenotypic  characters  and  its  state  of 
health; 

(4) 

Propagating material ⌦ means: ⌫ 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(cid:208) 2002/11/EC Art. 1(1) 

(a) 

young vine plants: 

(i) 

(ii) 

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

rooted grafts: pieces of vine shoot or herbaceous shoot joined by grafting, 
the underground part of which is rooted; 

(b)  parts of young vine plants: 

(i) 

vine shoots: one-year shoots; 

(ii)  herbaceous shoots: unlignified shoots; 

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

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(iv) 

top-graft  cuttings:  pieces  of  vine  shoot  or  herbaceous  shoot  intended  to 
form  the  part  above  ground  when  preparing  rooted  grafts  or  when 
grafting plants in situ; 

(v)  nursery  cuttings:  pieces  of  vine  shoot  or  herbaceous  shoot  intended  for 

the production of rooted cuttings; 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(5) 

(6) 

Stock  nurseries ⌦ means ⌫  nurseries  for  the  production  of  rootstock  cuttings  for 
grafting, nursery cuttings or top-graft cuttings; 

Cutting  nurseries  ⌦ means ⌫  nurseries  for  the  cultivation  of  rooted  cuttings  or 
rooted grafts; 

(7) 

Initial propagating material ⌦ means ⌫ propagating material: 

(cid:208) 2002/11/EC Art. 1(1) 

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

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

propagating material; 

(c)  which  satisfies  the  conditions  laid  down  in  Annexes  I  and  II  for  basic 

propagating material;and  

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(d)  which has been found by official examination to satisfy the above conditions; 

(cid:208) 2002/11/EC Art. 1(1) 

(8) 

Basic propagating material ⌦ means ⌫ propagating material: 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(cid:208) 2002/11/EC Art. 1(1) 

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

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

(c)  which  satisfies  the  conditions  laid  down  in  Annexes  I  and  II  for  basic 

propagating material; and 

(d)  which has been found by official examination to satisfy the above conditions; 

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(9) 

Certified ⌦ propagating ⌫ material ⌦ means propagating ⌫ material: 

(a)  which  is  obtained  directly  from  basic  propagating  material  or  initial 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

propagating material; 

(b)  which is intended for: 

(i) 

the production of young plants or parts of plants for use in the production 
of grapes; or 

(ii) 

the production of grapes; 

(c)  which  satisfies  the  conditions  laid  down  in  Annexes  I  and  II  for  certified 

⌦ propagating ⌫ material; and 

(d)  which has been found by official examination to satisfy the above conditions; 

(10) 

Standard ⌦ propagating ⌫ material ⌦ means propagating ⌫ material: 

(a)  which has varietal identity and purity; 

(b)  which is intended for: 

(i) 

the production of young plants or parts of plants for use in the production 
of grapes; or 

(ii) 

the production of grapes; 

(c)  which  satisfies  the  conditions  laid  down  in  Annexes  I  and  II  for  standard 

⌦ propagating ⌫ material; and 

(d)  which has been found by official examination to satisfy the above conditions; 

(11) 

Official measures ⌦ means ⌫ measures taken: 

(a) 

by State authorities; or 

(cid:208) 2002/11/EC Art. 1(1) 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(b)  by any legal person whether governed by public or by private law, acting under 
the responsibility of the State ⌦ , provided that this person derives no private 
gain from such measures ⌫; or 

(c) 

in the case of ancillary activities which are also subject to State control, by any 
natural  person  duly  sworn  for  that  purpose  ⌦ ,  provided  that  this  person 
derives no private gain from such measures ⌫; 

(12)  Marketing ⌦ 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 
to third parties, whether or not for a consideration. 

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(cid:208) 2002/11/EC Art. 1(1) 

2. Trade in propagating material not aimed at commercial exploitation of the variety, such as 
the following operations, shall not be regarded as marketing: 

(a) 

(b) 

the supply of propagating material to official testing and inspection bodies; 

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

The rules for the application of ⌦ this paragraph ⌫ shall be adopted in accordance with the 
procedure ⌦ referred to ⌫ in Article 27(3). 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(cid:208) 2002/11/EC Art. 1(2) (adapted) 

1.  Member  States  shall  require  that  vine  propagating  material  may  not  be  placed  on  the 
market unless: 

Article 3 

(a) 

it  has  been  officially  certified  as  ‘initial  propagating  material’,  ‘basic  propagating 
material’  or  ‘certified  propagating  material’  or,  in  the  case  of  propagating  material 
not 
is  officially  checked  standard 
⌦ propagating ⌫ material; and 

for  use  as 

rootstocks, 

intended 

it 

(b) 

it satisfies the conditions laid down in Annex II. 

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

(cid:208) 2002/11/EC Art. 1(2) 

(a) 

(b) 

(c) 

intended for trials or for scientific purposes; 

for selection work; 

intended to help preserve genetic diversity. 

(cid:208) 2002/11/EC Art. 1(2) (adapted) 

The conditions under which Member States may grant such authorisation may be determined 
in accordance with the procedure ⌦ referred to ⌫ in Article 27(2). 

In  the  case  of  genetically  modified  ⌦ propagating ⌫  material,  such  authorisation  may  be 
granted only if all appropriate measures have been taken to avoid risks to human health and 
the environment. For the environmental risk assessment and other checks to be carried out in 
this respect, Article 8 shall apply accordingly. 

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. In the case of propagating material produced by means of in vitro propagation techniques, 
red to ⌫ 

3
the following provisions may be adopted in accordance w
in Article 27(2): 

ith the procedure ⌦ refer

(cid:208) 2002/11/EC Art. 1(2) 

(a) 

(b) 

(c) 

(d) 

derogation from specific provisions of this Directive; 

conditions applicable to such propagating material; 

designations that may be used for such propagating material; 

conditions to guarantee that the varietal authenticity has first been verified. 

ission,  acting  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article 
4.  The  Comm
7(3),  may  require  that,  after  specified  dates,  propagating  material  other  than  for  use  as 
2
rootstocks  may  be  placed  on  the  market  only  if  it  has 
as  ‘initial 
propagating material’, ‘basic propagating material’ or ‘certified propagating material’: 

been  officially  certified 

(cid:208) 2002/11/EC Art. 1(2) (adapted) 

(a) 

(b) 

(cid:208) 2002/11/EC Art. 1(2) 

throughout  the  Community
,  in  the  case  of  certain  vine  varieties  for  which  the 
Community's  needs  can  be  covered,  taking  into  account  their  genetic  diversity,  if 
necessary  under  an  established  programme,  by  propagating  material  officially 
  propagating  material’  or  ‘certified
certified  as  ‘initial  propagating  material’,  ‘basic
propagating material’; and 

(cid:208) 2002/11/EC Art. 1(2) (adapted) 

in  the  case  of  propagating  material  of  varieties  other  than  those  referred  to  in 
point (a),  if  intended  for  use  in  the  territory  of  Member  States  which  have  already 
ating ⌫ 
required,  in  accordance  with  this  Directive, 
material’ may no longer be marketed. 

that  ‘standard  ⌦ propag

(cid:208) 68/193/EEC (adapted) 

Article 4 

Member  States  may,  as  regards  the  conditions  laid  down  in  Annexes  I  and  II,  impose 
 material 
additional or more stringent requirements for the certifica
or the checking of standard ⌦ propagating ⌫ material produced in their own territory. 

tion of ⌦ propagating ⌫

This  provision  shall  not  apply,  in  the  case  of  grafting,  to  propagating  material  produced  in 
another  Member  State  or  in  a  third  country  recognised  as  equivalent  in  accordance  with 
Article 25(2). 

(cid:208) 2002/11/EC Art. 1(3) 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
(cid:208) 2002/11/EC Art. 1(4) 

Article 5 

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

2.  Member  States  shall  ensure  that  varieties  and  clones  accepted  into  the  catalogues  of  the 
other  Member  States  are  also  accepted  for  certification  and  for  the  checking  of  standard 
propagating  material  in  their  own  territory,  without  prejudice  to  Council  Regulation  (EC) 
No 1493/1999 7, with regard to the rules for the classification of vine varieties. 

(cid:208) 2002/11/EC Art. 1(4) (adapted) 

3. Each Member State shall also establish, if appropriate, a list of clones officially accepted 
for certification in its territory. 

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

(cid:208) 2002/11/EC Art. 1(4) 

(cid:208) 71/140/EEC Art. 4 (adapted) 

Article 6 

Member  States  shall  ensure  that  no  variety  is  accepted  unless  it  is  distinct,  stable  and 
sufficiently uniform. 

(cid:208) 2002/11/EC Art. 1(5) 

Article 7 

1. A variety shall be deemed to be distinct if it is clearly distinguishable, by reference to the 
expression  of  the  characteristics  resulting  from  a  particular  genotype  or  combination  of 
genotypes, from any other variety whose existence is a matter of common knowledge in the 
Community. 

A variety shall be deemed to be a matter of common knowledge in the Community if, on the 
date on which application is duly made for its acceptance, it either is entered in the catalogue 
of the Member State in question or of another Member State or is the subject of an application 
for  acceptance  in  the  Member  State  in  question  or  in  another  Member  State,  unless  the 

7 

OJ L 179, 17.7.1999, p. 1. 

EN 

16 

   EN 

 
 
 
 
 
 
                                                 
conditions  referred  to  in  the  first  sentence  of  this  paragraph  are  no  longer  met  in  all  the 
Member States concerned before a decision is made regarding the application for acceptance 
of the new variety being assessed. 

2.  A  variety  shall  be  deemed  to  be  stable  if  the  expression  of  the  characters  which  are 
included  in  the  examination  for  distinctness,  as  well  as  any  others  used  for  the  variety 
description, remains unchanged after repeated propagation. 

3. A variety shall be deemed to be uniform if, subject to the variation that may be expected 
from the particular features of its propagation, it is sufficiently uniform in the expression of 
those characters which are included in the examination for distinctness, as well as any others 
used for describing the variety. 

(cid:208) 2002/11/EC Art. 1(6) (adapted) 

1.  In  the  case  of  a  genetically  modified  variety  within  the  meaning  of  points  1  and  2  of 
Article 2  of  Directive  2001/18/EC  ,  the  variety  shall  be  accepted  only  if  all  appropriate 
measures have been taken to avoid adverse effects on human health and the environment. 

Article 8 

(cid:208) 2002/11/EC Art. 1(6) 

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

(a) 

(b) 

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

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

(c) 

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

3.  Where  products  derived  from  vine-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 of the European Parliament and of the Council8, 

(cid:208) 1829/2003 Art. 42 (adapted) 

8 

OJ L 268, 18.10.2003, p. 1. 

EN 

17 

   EN 

 
 
 
 
                                                 
the  vine  variety  concerned  shall  be  accepted  only  if  it  has  been  authorised  pursuant  to  that 
Regulation. 

material  of  which 
for  use  in  food  and  feed  pursuant  to  Articles  2  and  3  of 
egulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council  9  shall  be 

Member  States  shall  ensure  that  a  vine  variety,  from  the  propagating 
products  were  derived  intended 
R
accepted only if it has been authorised pursuant to the relev

ant legislation. 

(cid:208) 2002/11/EC Art. 1(7) 

Article 9 

ber  States  shall  ensure  that  varieties  and,  where  applicable,  clones  coming  from  other 
ember  States  are  subject  to  the  same  requirements  as  those  which  apply  to  domestic 

Mem
M
varieties or clones, in particular as regards the acceptance p

rocedure. 

(cid:208) 71/140/EEC Art. 4 (adapted) 
(cid:206)1 2002/11/EC Art. 1(24) 

Article 10 

1. Member States shall provide that acceptance of varieties be based on the results of official 
examinations,  particularly  growing  trials,  covering  a  sufficient  number  of  characters  for  the 
variety  to  be  described.  The  methods  used  for  determining  characters  must  be  exact  and 
reliable. 

.  The  following  shall  be  fixed  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
2
(cid:206)1 Article 27(2) , account being taken of current scient

ific and technological k

nowledge: 

(a) 

(b) 

the characters to be covered as a minimum by the examinations; 

the minimum requirements for carrying out the examinations. 

(cid:208) 71/140/EEC Art. 4 

3.  If  it  is  known  that ⌦ propagating ⌫  material  of  a  given  variety  is  marketed  in  another 
country under a different name, that name shall also be indicated in the catalogue. 

(cid:208) 71/140/EEC Art. 4 (adapted) 

(cid:208) 71/140/EEC Art. 4 

Article 11 

1.  The  varieties  accepted  shall  be  officially  checked  at  regular  intervals.  If  any  of  the 
conditions for acceptance for certification or checking is no longer satisfied, acceptance shall 
be revoked and the variety deleted from the catalogue. 

9 

OJ L 31, 1.2.2002, p. 1. 

EN 

18 

   EN 

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

(cid:208) 2002/11/EC Art. 1(8) 

(cid:208) 2002/11/EC Art. 1(9) 

Article 12 

Member States shall ensure that genetically modified varieties which have been accepted are 
clearly  indicated  as  such  in  the  catalogue  of  varieties.  They  shall  further  ensure  that  any 
person marketing such a variety clearly indicates in their vine sales catalogue that the variety 
is genetically modified and states the purpose of the modification. 

(cid:208) 2002/11/EC Art. 1(10) 

Article 13 

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

(cid:208) 2002/11/EC Art. 1(10) 
(adapted) 

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

(cid:208) 2002/11/EC Art. 1(10) 

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

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

(cid:208) 2002/11/EC Art. 1(11) 
(adapted) 

Article 14 

Member  States  shall  provide  that,  while  growing  and  during  lifting,  or  removal  from  the 
parent  vine,  packaging,  storage  and  transportation,  ⌦ propagating ⌫  material  be  kept  in 
separate  batches  and  be  marked  with  the  variety  and,  where  applicable,  in  the  case  of 
⌦ initial ⌫  propagating  materials,  basic  ⌦ propagating ⌫  material  and  certified 
⌦ propagating ⌫ material, with the clone. 

EN 

19 

   EN 

 
 
 
 
 
 
 
(cid:208) 68/193/EEC (adapted) 

Article 15 

1.  Member  States  shall  require  that  ⌦ propagating ⌫  material  be  marketed  only  in 
sufficiently homogeneous batches and in sealed packages or bundles bearing, as prescribed in 
Articles  16  and  17,  a  sealing  device  and  markings.  Packaging  shall  comply  with  the 
provisions of Annex III. 

(cid:208) 2002/11/EC Art. 1(12) 
(adapted) 

2.  By  way  of  derogation  from  paragraph  1,  as  regards  packaging,  sealing  and  marking,  the 
Commission shall  determine, in accordance with the  procedure ⌦ referred  to ⌫ in Article 
27(2), the provisions applicable to the sale of small quantities to final consumers and also to 
market vines in pots, crates or boxes. 

(cid:208) 2002/11/EC Art. 1(13) 
(adapted) 

Article 16 

Member  States  shall  require  packages  and  bundles  of  propagating  material  to  be  sealed 
officially or under official supervision in such a manner that they cannot be opened without 
damaging the seal or without the official label referred to in Article 17(1) or, in the case of 
packaging, the packaging showing signs of tampering. To ensure proper sealing, the sealing 
device must comprise at least either the official label or an official seal. A decision may be 
taken  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article  27(2)  as  to  whether  a 
specific sealing device meets the requirements of this Article. Further sealing may take place 
only officially or under official supervision. 

(cid:208) 2002/11/EC Art. 1(14) 
(adapted) 

Article 17 

1.  Member  States  shall  require  that  an  official  label  in  one  of  the  official  languages  of  the 
Community,  conforming  to  the  specification  in  Annex  IV,  be  affixed  on  the  outside  of 
packages and bundles of propagating material by means of the sealing device. The colour of 
the  label  shall  be  white  with  a  diagonal  violet  stripe  for  initial ⌦ propagating ⌫  material, 
white  for  basic  ⌦ propagating ⌫  material,  blue  for  certified  ⌦ propagating ⌫  material 
and dark yellow for standard ⌦ propagating ⌫ material. 

2.  However,  Member  States  may  authorise  producers  in  their  territory  to  market  more  than 
one package or bundle of grafted or rooted vines with the same characteristics, using a single 
label  conforming  to  the  specification  in  Annex  IV.  In  such  cases,  the  packages  or  bundles 

(cid:208) 2002/11/EC Art. 1(14) 

EN 

20 

   EN 

 
 
 
 
 
 
shall be attached together in such a way that the attachment is damaged on separation and can 
no longer be put back.  The  label  shall be affixed  by  means  of  the  attachment.  No  resealing 
shall be authorised. 

(cid:208) 2002/11/EC Art. 1(14) 
(adapted) 

3. Without prejudice to Article 23(2) of Regulation (EC) No 1493/1999, Member States may 
require that each delivery of ⌦ propagating ⌫ material produced within their territories also 
be  accompanied  by  a  uniform  document  featuring  the  following  particulars  inter  alia:  the 
nature  of  the  goods,  the  variety  and,  where  applicable,  the  clone,  the  category,  quantity, 
consignor and recipient. The conditions to be set regarding this accompanying document shall 
be established according to the procedure ⌦ referred to in ⌫ Article 27(3) of this Directive. 

4.  The  official  label  provided  for  under  paragraph  1  may  also  include  the  phytosanitary 
accompanying documents, provided for in Commission Directive 92/105/EEC10 However, all 
of the conditions applicable to the official labelling and plant passports are defined and must 
be recognised as equivalent. 

5. Member States shall prescribe that the official labels must be preserved by the recipient of 
the ⌦ propagating ⌫ material for at least one year and made available to the official control 
authority. 

(cid:208) 2002/11/EC Art. 1(15) 
(adapted) 

Article 18 

In the case of propagating material of a variety which has been genetically modified, any label 
and  document,  official  or  otherwise,  which  is  affixed  to  or  accompanies  the  batch  of 
⌦ propagating ⌫  material  under  this  Directive  shall  clearly  indicate  that  the  variety  has 
been genetically modified and shall name the genetically modified organisms. 

(cid:208) 68/193/EEC (adapted) 
(cid:206)1 74/648/EEC Art. 5(1) 

Article 19 

(cid:206)1 1.   Member  States  shall  ensure  that  the  identity  of  the ⌦ propagating ⌫  material is 
preserved, from the time of its lifting, or its removal from the parent vines until its delivery to 
the  final  consumer,  by  a  system  of  official  controls  laid  down  or  approved  by  them.  They 
shall  make  suitable  arrangements  for ⌦ propagating ⌫  material  to  be  officially  controlled 
during marketing, at least by check sampling, as regards its compliance with the requirements 
of this Directive. 

10 

OJ L 4, 8.1.1993, p. 22. 

EN 

21 

   EN 

 
 
 
 
                                                 
(cid:208) 2002/11/EC Art. 1(16) 
(adapted) 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

species (botanical name); 

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

category; 

nature of propagating material; 

country of production and official control authority; 

country of despatch, if different from the country of production; 

importer; 

quantity of material. 

The manner in which these particulars are to be presented may be determined in accordance 
with the procedure ⌦ referred to ⌫ in Article 27(2). 

(cid:208) 2002/11/EC Art. 1(17) 

Article 20 

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

(cid:208) 2002/11/EC Art. 1(18) 

Article 21 

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

Article 22 

Member States shall provide that ⌦ propagating ⌫ material which is obtained directly from 
basic  ⌦ propagating ⌫  material  certified  in  one  Member  State  and  grown  in  another 
Member  State  may  be  certified  in  the  State  which  produced  the  basic  ⌦ propagating ⌫ 

(cid:208) 68/193/EEC (adapted) 

EN 

22 

   EN 

 
 
 
 
 
material  if  the  ⌦ propagating ⌫  material  has  undergone  field  inspection  satisfying  the 
conditions laid down in Annex I and if official examination has shown that the conditions laid 
down in Annex II are satisfied. 

Article 23 

(cid:208) 2002/11/EC Art. 1(19) 
(adapted) 

1. In order to eliminate any temporary difficulties in the supply of propagating material in the 
Community that cannot be overcome in any other way, a decision may be taken in accordance 
with  the  procedure  ⌦ referred  to ⌫  in  Article  27(2)  that  Member  States  ⌦ shall ⌫ 
authorise,  for  a  specified  period,  the  marketing  throughout  the  territory  ⌦ of  the 
Community ⌫ of such quantity of propagating material of a category satisfying less stringent 
requirements as is needed to overcome the difficulties. 

2. For a category of ⌦ propagating ⌫ material of any given variety, the colour of the label 
shall be that provided for the corresponding category; in all other cases it shall be brown. The 
label  shall  always  state  that  the  ⌦ propagating ⌫  material  in  question  is  of  a  category 
satisfying less stringent requirements. 

(cid:208) 68/193/EEC (adapted) 

3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure 
⌦ referred to ⌫ in (cid:206)1 Article 27(2) . 

(cid:208) 88/332/EEC Art. 6 (adapted) 
(cid:206)1 2002/11/EC Art. 1(24) 

(cid:208) 2002/11/EC Art. 1(20) 
(adapted) 

Article 24 

For the purpose of seeking better alternatives to certain provisions of this Directive, it may be 
decided,  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in  Article  27(3),  to  organise 
temporary experiments under specified conditions at Community level. 

(cid:208) 68/193/EEC (adapted) 

Article 25 

1.  This  Directive  shall  not  apply  to  ⌦ propagating ⌫  material  shown  to  be  intended  for 
export to third countries. 

EN 

23 

   EN 

 
 
 
 
 
 
(cid:208) 2002/11/EC Art. 1(21) 
(adapted) 

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

⌦ In  addition ⌫  ,  the  Council  shall  determine  the  types  of  material  and  the  categories  of 
⌦ propagating ⌫  material  that  may  be  admitted  to  marketing  within  the  territory  of  the 
Community under ⌦ the first subparagraph ⌫. 

Until the Council has taken a decision pursuant to ⌦ the first subparagraph ⌫ and without 
prejudice to Council Directive 2000/29/EC  11, Member States may be authorised to take such 
decisions in accordance  with  the  procedure ⌦ referred to ⌫ in  Article 27(2). When  doing 
so,  they  shall  ensure  that  the  material  to  be  imported  offers  guarantees  equivalent  in  every 
respect  to  those  offered  by  ⌦ propagating ⌫  material  produced  in  the  Community  in 
accordance with this Directive. Such imported material shall in particular be accompanied by 
a document setting out the particulars prescribed in Article 19(2). 

(cid:208) 2003/61/EC Art. 1. pt. 3 
(adapted) 

Article 26 

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

(a)  ⌦ propagating ⌫ material produced in third countries; 

(b)  ⌦ propagating ⌫ material suitable for organic farming; 

(c)  ⌦ propagating ⌫  material  marketed  in  relation  to  measures  intended  to  help 
preserve genetic diversity. 

Those  comparative  tests  and  trials  shall  be  used  to  harmonise  the  technical  methods  of 
certification  and  to  check  satisfaction  of  the  conditions  with  which  the  ⌦ propagating ⌫ 
material must comply. 

2.  The  Commission,  acting  in  accordance  with  the  procedure  referred  to  in  Article 
27⌦ (2) ⌫, 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  27(1)  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. 

3.  The  Community  may  make  a  financial  contribution  to  the  performance  of  the  tests  and 
trials ⌦ provided for ⌫ in paragraph 1 . 

11 

OJ L 169, 10.7.2000, p. 1. 

EN 

24 

   EN 

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

(cid:208) 2003/61/EC Art. 1. pt. 3 

(cid:208) 2003/61/EC Art. 1. pt. 3 
(adapted) 

4.  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 ⌫ in Article 27⌦ (2) ⌫. 

5.  The  tests  and  trials  ⌦ provided  for ⌫  in  paragraph  1  may  be  performed  only  by  State 
authorities or legal persons acting under the responsibility of the State. 

(cid:208) 2002/11/EC Art. 1(23) 

Article 27 

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

(cid:208) 2002/11/EC Art. 1(23) 
(adapted) 

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

(cid:208) 2002/11/EC Art. 1(23) 

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

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

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

4. The Committee shall adopt its rules of procedure. 

(cid:208) 74/648/EEC Art. 6 (adapted) 
(cid:206)1 2002/11/EC Art. 1(24) 

Article 28 

1.  Any  amendments  to  be  made  to  Annexes  ⌦ I  to  IV  due ⌫  to  the  development  of 
scientific  knowledge  or  techniques  shall  be  decided  upon  in  accordance  with  the  procedure 
⌦ referred to ⌫ in (cid:206)1 Article 27(2) . 

EN 

25 

   EN 

 
 
 
 
 
 
 
⌦ 2.  Annexes  I  and  II  may  be  amended  in  accordance  with  the  procedure  referred  to  in 
Article  27(2)  in  order  to  set  additional  or  more  stringent  conditions  for  the  certification  of 
initial propagating material. ⌫ 

(cid:208) 2002/11/EC Art. 1(1) (adapted) 

(cid:208) 68/193/EEC 

Article 29 

This  Directive  shall  be  without  prejudice  to  the  provisions  of  national  laws  justified  on 
grounds of the protection of health and life of humans, animals or plants or the protection of 
industrial and commercial property. 

(cid:208) 74/648/EEC Art. 7 (adapted) 
(cid:206)1 2002/11/EC Art. 1(24) 

Article 30 

In accordance with the procedure ⌦ referred to ⌫ in (cid:206)1 Article 27(2) , a Member State 
may,  if  it  so  requests,  be  wholly  or  partially  released  from  the  obligation  to  apply  this 
Directive with the exception, however, of Articles 20 and 21, in so far as the growing of vines 
and the marketing of ⌦ propagating ⌫ material are of minimal economic importance in its 
territory. 

This Directive shall be without prejudice to Council Regulation (EEC) No 234/6812 . 

Article 31 

(cid:208) 71/140/EEC Art. 9 (adapted) 

(cid:208)  

Article 32 

Directive 68/193/EEC, as amended by the acts listed in Annex V, 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 V, 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 VI. 

12 

OJ L 55, 2.3.1968, p. 1. 

EN 

26 

   EN 

 
 
 
 
 
 
                                                 
This Directive shall enter into force on the twentieth day 
the Official

 Journal of the European Union. 

following that of its publi

cation in 

Article 33 

Article 34 

⌦ This ⌫ Directive is addressed to the Member States. 

Done at Brussels, […] 

(cid:208) 68/193/EEC (adapted) 

For the Council 
The President 
[…]

EN 

27 

   EN 

 
 
 
 
 
1. 

2. 

3. 

4. 

5. 

(cid:208) 2005/43/EC Art. 1 and Annex I 

ANNEX I 

CONDITIONS RELATING TO THE GROWING CROP 

The  growing  crop  shall  have  identity  and  purity  with  regard  to  the  variety  and,  if 
necessary, the clone. 

The  cultural  conditions  and  the  level  of  development  of  the  growing  crop  shall  be 
such as to allow sufficient checks on the identity and purity of the growing crop with 
regard to the variety and, if necessary, the clone, as well as its state of health. 

The soil or if necessary the substrate of culture gives sufficient guarantees regarding 
the  absence  of  harmful  organisms  or  their  vectors,  in  particular  nematodes  which 
carry viral diseases. The stock nurseries and the cutting nurseries shall be established 
under  appropriate  conditions  to  avoid  any  risk  of  contamination  by  harmful 
organisms. 

(cid:208) 2005/43/EC Art. 1 and Annex I 
(adapted) 

The  presence  of  harmful  organisms  which  reduce 
⌦ propagating ⌫ material shall be at the lowest possible level. 

the  usefulness  of 

the 

(cid:208) 2005/43/EC Art. 1 and Annex I 

In particular, concerning the harmful organisms referred to in points (a), (b) and (c), 
the conditions set out in points 5.1 to 5.5. shall apply, subject to point 5.6: 

(a) 

complex  of  infectious  degeneration:  grapevine  fanleaf  virus  (GFLV),  Arabis 
mosaic virus (ArMV); 

(b)  grapevine leafroll disease: grapevine leafroll-associated virus 1 (GLRaV-1) and 

grapevine leafroll-associated virus 3 (GLRaV-3); 

(c) 

grapevine fleck virus (GFkV) (only for rootstocks). 

5.1.  The stock nurseries intended for the production of initial propagating material 
shall have been found free from the harmful organisms listed under points 5(a), 
5(b) and 5(c) by means of an official inspection. This inspection is based on the 
results  of  plant  health  tests  carried  out  by  indexing,  or  an  internationally 
accepted equivalent testing method referring to all plants. These tests shall be 
confirmed  by  results  of  plant  health  tests  carried  out  on  all  plants  every  five 
years, for the organisms listed under points 5(a) and 5(b). 

Infected  plants  must  be  eliminated.  Reasons  for  failures  ascribed  to  those 
harmful  organisms  or  other  factors  shall  be  entered  in  the  file  where  records 
concerning stock nurseries are kept. 

5.2.  The  stock nurseries  intended for the production of basic propagating material 
shall have been found free from the harmful organisms listed under points 5(a) 
and  5(b)  by  means  of  an  official  inspection.  This  inspection  is  based  on  the 
results of plant health tests referring to all plants. These tests shall be carried 
out at least every six years starting from three year old stock nurseries. 

EN 

28 

   EN 

 
 
 
 
 
In  those  cases  where  official  annual  crop  inspections  are  carried  out  on  all 
plants, the plant health tests shall be carried out at least every six years starting 
from six year old stock nurseries. 

Infected  plants  must  be  eliminated.  Reasons  for  failures  ascribed  to  those 
harmful  organisms  or  other  factors  shall  be  entered  in  the  file  where  records 
concerning stock nurseries are kept. 

(cid:208) 2005/43/EC Art. 1 and Annex I 
(adapted) 

5.3.  The stock nurseries intended for the production of certified ⌦ propagating ⌫ 
material shall have been found free from all the harmful organisms listed under 
points 5(a) and 5(b) by an official inspection. This inspection is based on the 
results  of  plant  health  tests  carried  out  by  survey  according  to  methods  of 
analysis/control  procedures  which  comply  with  generally  accepted  and 
standardised  norms.  These  tests  shall  be  carried  out  at  least  every  ten  years 
starting from five year old stock nurseries. 

(cid:208) 2005/43/EC Art. 1 and Annex I 

In  those  cases  where  official  annual  crop  inspections  are  carried  out  on  all 
plants, the plant health tests shall be carried out at least every ten years starting 
from ten year old stock nurseries. 

The failure rate of stock nurseries attributable to the harmful organisms listed 
under  points  5(a)  and  5(b)  shall  not  exceed  5%.  Infected  plants  must  be 
eliminated.  Reasons  for  failures  ascribed  to  those  harmful  organisms  or  other 
factors shall be entered in the file where records concerning stock nurseries are 
kept. 

(cid:208) 2005/43/EC Art. 1 and Annex I 
(adapted) 

5.4.  In 

for 

the 

intended 

stock  nurseries 

standard 
⌦ propagating ⌫  material,  the  failure  rate  attributable  to  the  harmful 
organisms  listed  under  points  5(a)  and  5(b)  shall  not  exceed  10%.  Infected 
plants  must  be  eliminated  from  propagation.  Reasons  for  failures  ascribed  to 
those  harmful  organisms  or  other  factors  shall  be  entered  in  the  file  where 
records concerning stock nurseries are kept. 

the  production  of 

(cid:208) 2005/43/EC Art. 1 and Annex I 

5.5.  The  cutting  nurseries  shall  have  been  found  free  from  the  harmful  organisms 
listed  under  points  5(a)  and  5(b)  by  the  means  of  an  annual  official  crop 
inspection  based  on  visual  methods  and,  if  necessary,  supported  by  suitable 
tests and/or a second crop inspection. 

EN 

29 

   EN 

 
 
 
 
 
 
 
 
 
(cid:208) 2005/43/EC Art. 1 and Annex I 
(adapted) 

5.6 

(a)  Member  States  may  decide  not  to  apply  points  5.1  and  5.2  until 
31 July 2011,  in  respect  of  stock  nurseries  which  were  already  in 
existence  for  the  production  of  initial  propagating  material  or  basic 
propagating material ⌦ on 14 July 2005 ⌫. 

(b)  Member States may decide not to apply point 5.3 until 31 July 2012, in 
respect  of  stock  nurseries  which  were  already  in  existence  for  the 
production of certified propagating material ⌦ on 14 July 2005 ⌫. 

(c)  Where  Member  States  decide  not  to  apply  points  5.1,  5.2  or  5.3  as 
described in (a) or (b) , they shall instead apply the following rules. 

Harmful virus diseases, especially grapevine fanleaf and leafroll, must be 
eliminated from crops intended for the production of initial propagating 
material  and  basic  ⌦ propagating ⌫  material.  Crops  intended  for  the 
production of ⌦ propagating ⌫ material of the other categories shall be 
kept free from plants showing symptoms of harmful virus diseases. 

(cid:208) 2005/43/EC Art. 1 and Annex I 

6. 

7. 

8. 

The  cutting  nurseries  shall  not  be  established  within  a  vineyard  or  a  stock  nursery. 
The minimum distance from a vineyard or a stock nursery shall be three metres. 

The propagating material used for the production of graftable rootstock cuttings, top 
graft cuttings, nursery cuttings, rooted cuttings and rooted grafts shall be taken from 
stock nurseries which have been inspected and approved. 

Without prejudice to the official inspection provided under point 5 , there shall be at 
least one official crop inspection. Additional crop inspections shall be carried out in 
cases of disputes on matters which can be decided without prejudice to the quality of 
the propagating material. 

_____________ 

EN 

30 

   EN 

 
 
 
 
(cid:208) 2005/43/EC Art. 1 and Annex II 

ANNEX II 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

CONDITIONS RELATING TO ⌦ PROPAGATING ⌫ MATERIAL 

I. 

GENERAL CONDITIONS 

(cid:208) 2005/43/EC Art. 1 and Annex II 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

1. 

2. 

The ⌦ propagating ⌫ material shall have varietal identity and purity, and if 
necessary  clonal  purity;  a  tolerance  of  1%  is  admitted  at  the  time  of  the 
marketing of standard ⌦ propagating ⌫ material. 

The  ⌦ propagating ⌫  material  shall  have  a  minimum  technical  purity  of 
96%. 

The following are considered technical impurities: 

(cid:208) 2005/43/EC Art. 1 and Annex II 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

(a)  ⌦ propagating ⌫  material  desiccated  wholly  or  partly,  even  when  it 

has been steeped in water after desiccation; 

(b)  damaged, bent or injured ⌦ propagating ⌫ material, in particular when 

damaged by hail or frost or when crushed or broken; 

(c)  material not meeting the requirements under point III . 

3.  Vine shoots shall have reached a sufficient state of maturity of the wood. 

(cid:208) 2005/43/EC Art. 1 and Annex II 

4. 

The  presence  of  harmful  organisms  which  reduce  the  usefulness  of  the 
⌦ propagating ⌫ material shall be tolerated only at the lowest possible level. 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
  ⌦ Propagating ⌫  material  presenting  clear  signs  or  symptoms  ascribable  to 
no  efficient  treatments  shall  be 

harmful  organisms  for  which  there  are 
eliminated 

(cid:208) 2005/43/EC Art. 1 and Annex II 

II. 

SPEC

IAL CONDITIONS 

1.  Rooted grafts 

The  rooted  grafts  consisting  of  a  combination  of  the  same  category  of 
reproduction material sha

ll be classified in that category. 

g  of  a  combination  of  different  categories  of 
The  rooted  grafts  consistin
reproductive material shall be classified in the lower category of the elements 
of which it is composed. 

2. 

Temporary derogation 

Member  States  may  decide  not  to  apply  the  provisions  of  point  1  until 
31 July 2010,  in  respect  of  rooted  grafts  consisting  of  initial  propagating 
material grafted on to basic propagating material. Where Member States
 decide 
not to apply

 point 1, they shall instead apply the following rule. 

Rooted  grafts  consisting  of  initial  propagating  material  grafted  on  to 
propagatin

g material shall be classified as initial propagating material.  

basic 

III. 

G DING 

RA

1. 

Graftable rootstock cu

ttings, nursery cuttings and top-graft cuttings 

Diameter 

This c
to her

onc ns the largest diameter of the
bace us cuttings: 

er
o

 section. This standard does not apply 

(a) 

grafta

ble rootstock cuttings and top-graft cuttings

: 

(i) 

top diameter: 6

,5 to 12 mm; 

(ii)  maximum  butt  end  diamete

r:  15  mm,  except  if  this  involves  top-

graft cutti

ngs intended for grafting in situ; 

(b)  nursery cuttin

gs: 

minimum top diameter: 3,5 mm. 

2.  Rooted cuttings 

A.  Diameter 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

The  diameter  measured  in  the  middle  of  the  internode,  under  the 
extension growth and along to the longest axis, shall be at least equal to 
5 mm. This standard is not applicable 
to the rooted cuttings derived from 
herbaceous

 ⌦ propagating ⌫ material. 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
(cid:208) 2005/43/EC Art. 1 and Annex II 

B. 

Leng h 

t

The length from the lowest point at wh
extension growth shall be not less than:  

ich roots emerge to the base of the 

(a) 

30  cm  for  rooted  cuttings,  in
rooted cuttings intended for Sici

tended  for  grafting;  however,  for 
ly, this length shall be 20 cm;  

(b)  20 cm for other rooted cuttings. 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

This standar
herb

aceous ⌦ propagating ⌫ material.  

d is not applicable to the rooted cuttings derived from 

(cid:208) 2005/43/EC Art. 1 and Annex II 

C.  Roots 

Each plant shall have at least three well-developed and well-spaced roots. 
However,  the  variety  420  A  may  have  only  two  well-developed  roots, 
provided that they are on opposite sides. 

D.  Heel 

The cut shall be made at a sufficient distan
not to damage it but not more than one cent

ce below the diaphragm so as 
imetre below it. 

3.  Rooted grafts 

A. 

Length 

The stem shall be at least 20 cm in length. 

(cid:208) 2005/43/EC Art. 1 and Annex II 
(adapted) 

This  standa
herbaceou

s ⌦ propagating ⌫ material. 

rd  is  not  applicable  to  the  rooted  grafts  derived  from 

(cid:208) 2005/43/EC Art. 1 and Annex II 

B. 

Roots 

paced roots. 
Each plant shall have at least three well-developed and well-s
However,  the  variety  420  A  may  have  only  two  well-developed  roots, 
provided that they are on opposite sides. 

C.  Union 

Each plant shall have an adequate, regular and secure union. 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
D.  Heel 

The cut shall be made at a sufficient distance below the diaphragm so as 
not to damage it but not more than one centimetre below it. 

_____________ 

EN 

34 

   EN 

 
 
(cid:208) 2005/43/EC Art. 1 and 
Annex III 

ANNEX III 

PACKAGING 
Composition of packages or bundles 

1 – Type  

2 – Number of individuals 

3 – Maximum quantity 

1. 

2. 

3. 

4. 

5. 

Rooted grafts 

25, 50, 100, or multiples of 100 

Rooted cuttings 

50, 100, or multiples of 100 

Top-graft cuttings 

– 

– 

with at least five 
usable eyes 

with  one  usable 
eye 

100, or 200 

500, or multiples of 500 

Graftable 
cuttings 

rootstock 

100, or multiples of 100 

Nursery cuttings 

100, or multiples of 100 

500 

500 

200 

5 000 

1 000 

500 

SPECIAL CONDITIONS 

I. 

Small quantities 

(cid:208) 2005/43/EC Art. 1 and 
Annex III (adapted) 

Where  necessary,  the  size  (number  of  individuals)  of  packages  and  bundles  of  all 
types  and  categories  of  ⌦ propagating ⌫  material  listed  in  column  1  may  be 
smaller than the minimum quantities indicated in column 2 . 

(cid:208) 2005/43/EC Art. 1 and 
Annex III 

II. 

Plants of vine with roots in any substrate in pots, crates and boxes 

The number of individuals and the maximum quantity do not apply. 

_____________ 

EN 

35 

   EN 

 
 
 
 
 
 
(cid:208) 2005/43/EC Art. 1 and 
Annex IV 

ANNEX IV 

MARKING 

A. 

LABEL 

I. 

REQUIRED INFORMATION 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

EC Standard; 

country of production; 

authority  responsible  for  certification  or  checking  and  Member  State  or 
their initials; 

name  and  address  of  the  person  responsible  for  sealing  or  his 
identification number; 

species; 

type of material; 

category; 

variety  and,  where  appropriate,  the  clone.  For  the  rooted  grafts  this 
indication applies for the rootstock and the top-graft; 

9. 

reference number of batch; 

10.  quantity; 

11. 

length  -  only  for  the  graftable  rootstock  cuttings:  this  involves  the 
minimum length of the cuttings of the concerned batch; 

12.  crop year. 

II.  MINIMUM CONDITIONS 

The label shall comply with the following requirements: 

1. 

2. 

3. 

4. 

the label shall be indelibly printed and clearly legible; 

the label shall be affixed in a conspicuous place in such a way as to be 
easily visible; 

information set out in point A.I. shall not in any way be hidden, obscured 
or interrupted by other written or pictorial matter; 

the  information  set  out  in  point  A.I.  shall  appear  in  the  same  field  of 
vision. 

III.  DEROGATION  AS  REGARDS  SMALL  QUANTITIES  TO  FINAL 

CONSUMER 

1.  More than one unit 

The  required  information  for  the  label  under  point  A.I.10  reads:  “Exact 
number of units per package or bundle”. 

EN 

36 

   EN 

 
 
 
 
2.  One unit only 

The following information set out in point A.I. is not required: 

– 

– 

– 

– 

– 

– 

type of material; 

category; 

reference number of batch; 

quantity; 

length for the graftable rootstock cuttings; 

crop year. 

IV.  DEROGATIONS AS REGARDS VINES IN POTS, CRATES OR BOXES 

In case of plants of vine with roots in any substrate in pots, crates and boxes 
when the packages of such material cannot fulfil the requirements for sealing 
(including labelling) due to its composition: 

(cid:208) 2005/43/EC Art. 1 and 
Annex IV (adapted) 

(a) 

the  ⌦ propagating ⌫  material  shall  be  kept  in  separate  batches 
appropriately identified per variety and where relevant per clone and per 
number of individuals; 

(b) 

the official label is not compulsory; 

(cid:208) 2005/43/EC Art. 1 and 
Annex IV 

(cid:208) 2005/43/EC Art. 1 and 
Annex IV (adapted) 

(c) 

the  ⌦ propagating ⌫  material  shall  be  accompanied  by 
accompanying document as laid down under point B. 

the 

B. 

ACCOMPANYING DOCUMENT 

I. 

CONDITIONS TO BE FULFILLED 

(cid:208) 2005/43/EC Art. 1 and 
Annex IV 

When  Member  States  require  that  an  accompanying  document  should  be 
delivered, the document:  

(a) 

(b) 

(c) 

shall be delivered in at least two copies (consignor and recipient); 

shall  (recipient  copy)  accompany  the  delivery  from  the  place  of  the 
consignor to the place of recipient; 

shall  indicate  all  information  set  out  under  point  II  concerning  the 
individual batches of the delivery; 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
(d) 

shall be preserved for at least one year and made available to the official 
control authority. 

II.  LIST OF INFORMATION TO BE INCLUDED 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

EC Standard; 

country of production; 

authority  responsible  for  certification  or  checking  and  Member  State  or 
their initials; 

progressive number; 

consignor (address, registration No); 

recipient (address); 

species; 

type(s) of the material; 

category(ies); 

10.  variety(ies) and, where applicable, the clone(s). For the rooted grafts this 

indication applies for the rootstock and the top-graft; 

11.  number of individuals per batch; 

12. 

total number of batches; 

13.  date of delivery. 

_____________ 

EN 

38 

   EN 

 
(cid:207) 

ANNEX V 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 32) 

Council Directive 68/193/EEC 
(OJ L 93, 17.4.1968, p. 15) 

Council Directive 71/140/EEC 
(OJ L 71, 25.3.1971, p. 16) 

Point II.A.31 of Annex I to the 1972 Act of Accession 
(OJ L 73, 27.3.1972, p. 59) 

Council Directive 74/648/EEC 
(OJ L 352, 28.12.1974, p. 43) 

Commission Directive 77/629/EEC 
(OJ L 257, 8.10.1977, p. 27) 

Council Directive 78/55/EEC 
(OJ L 16, 20.1.1978, p. 23) 

Council Directive 78/692/EEC 
(OJ L 236, 26.8.1978, p. 13) 

Point II.A.39 of Annex I to the 1979 Act of Accession 
(OJ L 291, 19.11.1979, p. 64) 

Commission Directive 82/331/EEC 
(OJ L 148, 27.5.1982, p. 47) 

Council Regulation (EEC) No 3768/85 
(OJ L 362, 31.12.1985, p. 8) 

Council Directive 86/155/EEC 
(OJ L 118, 7.5.1986, p. 23) 

Council Directive 88/332/EEC 
(OJ L 151, 17.6.1988, p. 82) 

Council Directive 90/654/EEC 
(OJ L 353, 17.12.1990, p. 48) 

Point V.F.I.46 of Annex I to the 1994 Act of Accession 
(OJ C 241, 29.8.1994, p. 155) 

only Article 4 

only Article 5 

only point 30 of the Annex 

only Article 3 

only Article 6 

only point II.1 of Annex II 

EN 

39 

   EN 

 
 
 
 
 
 
 
 
 
 
Council Directive 2002/11/EC 
(OJ L 53, 23.2.2002, p. 20) 

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

Regulation (EC) No 1829/2003 of the European 
Parliament and of the Council 
(OJ L 268, 18.10.2003, p. 1) 

Commission Directive 2005/43/EC 
(OJ L 164, 24.6.2005, p. 37) 

only Article 1(3) 

only Article 42 

EN 

40 

   EN 

 
 
 
Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 32) 

Directive 

Time-limit for transposition 

Date of application 

68/193/EEC 

71/140/EEC 

74/648/EEC 

77/629/EEC 

78/55/EEC 

1 July 1969 

1 July 1972 

1 July 1976 

1 July 1978 

1 July 1977 (Articles 6 and 7(5)) 

1 July 1978 (Article 5(2)) 

1 July 1979 (Articles 1 to 4, 5(1) and 
(3) to (6), and 7(1) to (4)) 

78/692/EEC 

1 July 1977 (Articles 1 to 4, 6 and 7) 

82/331/EEC 

86/155/EEC 

88/332/EEC 

90/654/EEC 

2002/11/EC 

2003/61/EC 

2005/43/EC 

1 July 1979 (Article 5) 

1 July 1982 

28 February 1986 (Articles 1(2), 3, 
4(3), (4) and (5), 5 and 6(3) to (8)) 

1 July 1987 (Articles 1(1), (2), (3) 
and (5), 2, 4(1), (2) and (6) to (10) 
and 6(1), (2) and (9)) 

29 June 1988 

13 December 1990 

23 February 2003 

10 October 2003 

31 July 2006 

__________________________ 

1 August 2006 

EN 

41 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX VI 

CORRELATION TABLE 

Directive 68/193/EEC 

This Directive 

Article 1 

Article 1 

Article 2(1), introductory words 

Article 2(1), introductory words 

Article 2(1)(A) 

Article 2(1)(AA) 

Article 2(1)(AB) 

Article 2(1)(1) 

Article 2(1)(2) 

Article 2(1)(3) 

Article 2(1)(B), introductory words 

Article 2(1)(4), introductory words 

Article 2(1)(B)(i), introductory words 

Article 2(1)(4)(a), introductory words 

Article 2(1)(B)(i)(a) 

Article 2(1)(B)(i)(b) 

Article 2(1)(4)(a)(i) 

Article 2(1)(4)(a)(ii) 

Article 2(1)(B)(ii), introductory words 

Article 2(1)(4)(b), introductory words 

Article 2(1)(B)(ii)(a) 

Article 2(1)(B)(ii)(b) 

Article 2(1)(B)(ii)(c) 

Article 2(1)(B)(ii)(d) 

Article 2(1)(B)(ii)(e) 

Article 2(1)(4)(b)(i) 

Article 2(1)(4)(b)(ii) 

Article 2(1)(4)(b)(iii) 

Article 2(1)(4)(b)(iv) 

Article 2(1)(4)(b)(v) 

Article 2(1)(C) and (D) 

Article 2(1)(5) and (6) 

Article 2(1)(DA), introductory words 

Article 2(1)(7), introductory words 

Article 2(1)(DA)(a) 

Article 2(1)(DA)(b) 

Article 2(1)(7)(a) 

Article 2(1)(7)(b) 

Article 2(1)(DA)(c), first sentence 

Article 2(1)(7)(c) 

Article 2(1)(DA)(c), second sentence 

Article 28(2) 

Article 2(1)(DA)(d) 

Article 2(1)(E) 

Article 2(1)(7)(d) 

Article 2(1)(8) 

Article 2(1)(F), introductory words 

Article 2(1)(9), introductory words 

EN 

42 

   EN 

 
Article 2(1)(F)(a) 

Article 2(1)(9)(a) 

Article 2(1)(F)(b), introductory words 

Article 2(1)(9)(b), introductory words 

Article 2(1)(F)(b), first indent 

Article 2(1)(9)(b)(i) 

Article 2(1)(F)(b), second indent 

Article 2(1)(9)(b)(ii) 

Article 2(1)(F)(c) and (d) 

Article 2(1)(9)(c) and (d) 

Article 2(1)(G), introductory words 

Article 2(1)(10), introductory words 

Article 2(1)(G)(a) 

Article 2(1)(10)(a) 

Article 2(1)(G)(b), introductory words 

Article 2(1)(10)(b), introductory words 

Article 2(1)(G)(b), first indent 

Article 2(1)(10)(b)(i) 

Article 2(1)(G)(b), second indent 

Article 2(1)(10)(b)(ii) 

Article 2(1)(G)(c) and (d) 

Article 2(1)(10)(c) and (d) 

Article 2(1)(H) 

Article 2(1)(11) 

Article 2(1)(I), first subparagraph 

Article 2(1)(12) 

Article 2(1)(I), second and third subparagraph  Article 2(2) 

Article 2(2) 

Article 3(1) 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 3(5) 

Article 4 

Article 5 

Article 5a 

Article 5b 

- 

Article 3(1) 

- 

Article 3(2) 

Article 3(3) 

Article 3(4) 

Article 4 

Article 5 

Article 6 

Article 7 

Article 5ba(1) and (2) 

Article 8(1) and (2) 

Article 5ba(3)(a) 

Article 5ba(3)(b) 

Article 8(3), first subparagraph 

Article 8(3), second subparagraph 

EN 

43 

   EN 

 
Article 5c 

Article 5d 

Article 5e 

Article 5f 

Article 5g 

Article 7 

Article 8 

Article 9 

Article 10(1) to (5) 

Article 10(6) 

Article 10a 

Article 11 

Article 12 

Article 12a 

Article 13 

Article 14 

Article 14a 

Article 15(1) 

Article 15(2)(a) 

Article 15(2)(b) 

Article 15(2)(c) 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17(1) to (5) 

- 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25(1) 

Article 25(2), first subparagraph 

Article 25(2), second subparagraph 

Article 25(2), third subparagraph 

Article 16(1), introductory words 

Article 26(1), first subparagraph, introductory 
words 

Article 16(1), first indent 

Article 26(1), first subparagraph, point (a) 

Article 16(1), second indent 

Article 26(1), first subparagraph, point (b) 

Article 16(1), third indent 

Article 26(1), first subparagraph, point (c) 

Article 16(2) 

Article 26(1), second subparagraph 

EN 

44 

   EN 

 
Article 16(3)  

Article 16(4) 

Article 16(5) 

Article 16(6) 

Article 16a 

Article 16b 

Article 17 

Article 17a 

Article 18 

Article 18a 

Article 18b 

Article 19 

- 

- 

Article 20 

Annex I 

Annex II 

Annex III 

Annex IV 

- 

- 

Article 26(2) 

Article 26(3) 

Article 26(4) 

Article 26(5) 

- 

- 

Article 27 

Article 28(1) 

Article 29 

Article 30 

Article 31 

- 

Article 32 

Article 33 

Article 34 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

_____________ 

EN 

45 

   EN