Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Codified version) (Text with EEA relevance)
Date: 2008-07-15
Institutions: Council of the European Union
Subjects: codification of EU law, marketing, plant propagation, seedling, vegetable

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DIRECTIVES

COUNCIL DIRECTIVE 2008/72/EC

of 15 July 2008

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

(Text with EEA relevance)

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

Council Directive 92/33/EEC of 28 April 1992 on the
vegetable
marketing of
and planting
than seed (2) has been substantially
material, other
amended several times (3). In the interests of clarity and
rationality the said Directive should be codified.

propagating

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

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 Directive
2002/55/EC of 13 June 2002 on the marketing of
vegetable seed (4), but also of
the vegetable planting
material used for their propagation.

The different
treatment accorded to vegetable propa­
gating 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.

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

at Community level
throughout

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
introduction into the Community of
against
the
to plants or plant products and
organisms harmful
against their spread within the Community (5).

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

(8)

(9)

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

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.

(10)

The competent authorities of the Member States should,
when carrying out controls and inspections, ensure that
suppliers fulfil those conditions.

(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.

(1) Opinion of 11 March 2008 (not yet published in the Official

Journal).

(2) OJ L 157, 10.6.1992, p. 1. Directive as

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

(3) See Annex III, Part A.
(4) 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).

(12)

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

(5) OJ L 169, 10.7.2000, p. 1. Directive as

last amended by
Commission Directive 2008/64/EC (OJ L 168, 28.6.2008, p. 31).

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(13)

(14)

(15)

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.

HAS ADOPTED THIS DIRECTIVE:

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 parti­
culars needed both for official controls and for the infor­
mation of the user.

supply

should be established permitting,

in cases of
Rules
temporary
of
difficulties,
vegetable propagating and planting material subject to
requirements less stringent than those contained in this
Directive.

the marketing

Article 1

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

Articles 2 to 20 and Article 23 shall apply to the genera

2.
and species, and their hybrids, listed in Annex II.

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.

(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.

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).

(17)

(18)

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.

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.

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
to check
compliance of such products with the requirements of
this Directive.

should be carried out

(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
implementing powers
the exercise of
conferred on the Commission (1).

(20)

This Directive should be without prejudice to the obli­
gations 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,

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

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).

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;

(b) ‘planting material’ means entire plants and parts of plants
the grafted components,

including,
intended for planting for the production of vegetables;

for grafted plants,

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‘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;

(f)

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

(g)

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

(c)

(d)

the holding available or

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

in whatever

(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.

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 co­
operation between the bodies referred to in (i) and those
referred to in (ii).

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.

(h) ‘official statement’ means a statement issued by, or under

the responsibility of, the responsible official body;

(i)

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

(j)

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

Article 4

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)

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;

(b) the conditions with which propagating material must
in particular those relating to the propagation
comply,
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.

Article 5

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

to

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

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:

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— identification of critical points in their production process

on the basis of the production methods used,

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

Article 6

the requirements of

1.
The responsible official body shall accredit suppliers once
it has verified that their production methods and establishments
meet
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.

— 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.

If the result of their own checks or any information at the
3.
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
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.

the suppliers shall

this Directive,

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.

The responsible official body shall

take the necessary
3.
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.

The supervision and monitoring of

4.
suppliers, estab­
lishments 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.

Article 7

Commission experts may,

in cooperation with the
1.
responsible official bodies of the Member States, make on-the-
spot checks in so far as this is necessary to ensure uniform
application of
to verify
whether suppliers are in effect complying with the requirements
of this Directive. A Member State in whose territory a check is
being carried out shall give all necessary assistance to the
experts in carrying out
their duties. The Commission shall
inform the Member States of the result of the investigations.

this Directive, and in particular

4.
Detailed rules for the application of the second subpara­
graph of paragraph 2 shall be established in accordance with
the procedure referred to in Article 21(2).

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

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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.

referred to in Article 17 of Directive
Vegetable Species
2002/55/EC. Articles 16(2), 17, 18 and 19 of that Directive
shall apply mutatis mutandis.

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

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

Article 10

(a)

trials or scientific purposes; or

(b) selection work; or

(c) 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).

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 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.

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

apply to the

conditions

(2) and (4) and
Article 3(2) and (4), Articles 6, 7, 8, 9(1),
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

If vegetable propagating and planting material of different
together or mixed during packaging, storage,
shall keep records
the lot and

2.
origins is put
transport or at delivery,
including the following data: composition of
origin of the individual components.

the supplier

States

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

ensure

shall

Article 11

1. Without prejudice to Article 10(2), vegetable propagating
and planting material shall be marketed only in sufficiently
they are recognised as complying
homogeneous lots and if
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.

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.

In the case of supply by the retailer of vegetable propa­
2.
gating and planting material
final
consumer, requirements on labelling may be confined to appro­
priate product information.

to a non-professional

1. Member States may exempt:

Article 12

(a)

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’);

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(b) from the controls and official

inspection referred to in
Article 18, the local circulation of vegetable propagating
and planting materials produced by such exempt persons.

planting material produced in the Community and complying
with the requirements and conditions of this Directive.

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

relevant procedures,

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.

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.

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.

Article 16

In accordance with the procedure

1.
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,
growing medium,
identity,
packaging,
is
equivalent in all these respects to vegetable propagating and

inspection arrangements, marking and sealing,

characteristics,

health,

plant

2.
Pending the decision referred to in paragraph 1, Member
States may, until 31 December 2012, and without prejudice to
the provisions of Directive 2000/29/EC, apply to the import of
from third
vegetable propagating
countries conditions at
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.

and planting material
least equivalent

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.

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.

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
including sampling methods, shall be
Articles 10 and 17,
adopted, as necessary,
in accordance with the procedure
referred to in Article 21(2).

Article 19

and planting material does not meet

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
the
propagating
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.

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it

If

is found that vegetable propagating and planting
2.
material marketed by a particular supplier does not comply
with the requirements and conditions of
the
appropriate
shall
Member
ensure
concerned
the supplier is
that supplier.
measures are taken against
forbidden to market vegetable propagating and planting
material, the Member State shall notify the Commission and
the competent national authorities in the Member States.

this Directive,
that
If

State

Any measures

3.
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.

to be carried out. The
the comparative tests and trials
inform the Committee
referred to in
Commission shall
Article 21(1) about
the technical arrangements for holding
those tests and trials and the results thereof. When plant
the Commission shall notify the
health problems occur,
Standing Committee on Plant Health.

The Community may make a financial contribution to the
5.
performance of the comparative tests and trials provided for in
paragraphs 2 and 3.

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

Article 20

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

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 para­
graphs 2 and 3 may be performed only by State authorities
or legal persons acting under the responsibility of the State.

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
this Directive whether
market under
mandatory or discretionary,
including those relating to plant
health. The comparative tests and trials may include the
following:

the provisions of

Article 21

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

referred to as

— vegetable propagating and planting material produced in

third countries,

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

— vegetable propagating and planting material suitable for

organic farming,

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

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

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

Those comparative tests and trials

3.
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.

In accordance with the procedure

4.
referred to in
Article 21(2), the necessary arrangements shall be made for

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

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).

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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.

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.

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.

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.

Article 26

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

This Directive is addressed to the Member States.

Article 27

Done at Brussels, 15 July 2008.

For the Council
The President

M. BARNIER

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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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.

Onion
Echalion

Shallot

Japanese bunching onion or Welsh onion

Leek

Garlic

Chives

Chervil

Celery
Celeriac

Asparagus officinalis L.

Asparagus

Beta vulgaris L.

Brassica oleracea L.

Brassica rapa L.

Capsicum annuum L.

Chicorium endivia L.

Chicorium intybus L.

Beetroot including Cheltenham beet
Spinach beet or Chard

Curly kale
Cauliflower
Sprouting broccoli or Calabrese
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

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Cynara cardunculus L.

Daucus carota L.

Foeniculum vulgare Mill.

Lactuca sativa L.

Lycopersicon esculentum Mill.

Globe artichoke
Cardoon

Carrot
Fodder carrot

Fennel

Lettuce

Tomato

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

Parsley

Phaseolus coccineus L.

Phaseolus vulgaris L.

Pisum sativum L. (partim)

Raphanus sativus L.

Rheum rhabarbarum L.

Scorzonera hispanica L.

Solanum melongena L.

Spinacia oleracea L.

Runner bean

Dwarf French bean
Climbing French bean

Wrinkled pea
Round pea
Sugar pea

Radish
Black radish

Rhubarb

Scorzonera or Black salsify

Aubergine or Eggplant

Spinach

Valerianelle locusta (L.) Laterr.

Corn salad or Lamb’s lettuce

Vicia faba L. (partim)

Zea mays L. (partim)

Broad bean

Sweetcorn
Popcorn

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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).

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

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 Article 1, point 4

Only Article 1 and Annex

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

2006/124/EC

31 December 1992

10 October 2003

30 June 2007

—

—

1 July 2007 (1)

(1) 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

Article 8(2), second subparagraph

Article 9(1) and (2)

Article 9(3)

Article 9(4), first subparagraph

Article 9(4), second subparagraph

Articles 5, 6 and 7

Article 8(1)

Article 8(2)

Article 8(3)

Article 9(1) and (2)

—

Article 9(3)

—

Articles 10 and 11

Articles 10 and 11

Article 12, first paragraph, introductory phrase

Article 12(1) introductory phrase

Article 12, first paragraph, first and second indents

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

Article 12, second paragraph

Articles 13 to 20

Article 21(1) and (2)

Article 21(3)

Article 22(1)

Article 22(2)

Article 23

Article 24

Article 25(1)

Article 25(2)

—

—

Article 26

Annexes I and II

—

Article 12(2)

Articles 13 to 20

Article 21(1) and (2)

Article 21(4)

—

Article 21(3)

Article 22

Article 23

—

Article 24

Article 25

Article 26

Article 27

Annexes I and II

Annexes III and IV