Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version)
Date: 2008-09-29
Institutions: Council of the European Union
Subjects: fruit-growing, labelling, market approval, plant health control, plant propagation, seedling

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DIRECTIVES

COUNCIL DIRECTIVE 2008/90/EC

of 29 September 2008

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

(Recast version)

THE COUNCIL OF THE EUROPEAN UNION,

against
the
organisms harmful
against their spread within the Community (4).

introduction into the Community of
to plants or plant products and

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:

Council Directive 92/34/EEC of 28 April 1992 on the
marketing of fruit plant propagating material and fruit
plants intended for fruit production (2) has been substan­
tially
further
amendments are to be made, it should be recast in the
interests of clarity.

amended

times (3).

several

Since

Fruit production occupies an important place in the agri­
culture of the Community.

Satisfactory results in the cultivation of fruit depend to a
the
large extent on the quality and plant health of
material used for their propagation and of
the fruit
plants intended for fruit production.

Harmonised conditions at Community level ensure that
purchasers throughout
the Community receive propa­
gating material and fruit plants which are healthy and
of good quality.

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

(8)

(9)

(1)

(2)

(3)

(4)

(5)

(6)

importance

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

(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 propagating
material and fruit plants when it is shown that such
products are intended for export to third countries, as
the rules applicable there may be different from those
contained in this Directive.

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

is desirable to establish plant health and quality
It
fruit plant
standards for each genus and species of
schemes which may include,
based on international
inter alia, provisions for pathogen testing.
It is appro­
priate to provide, therefore, for a system of harmonised
rules for the different categories of propagating material
and fruit plants to be marketed by reference to those
international schemes, where available.

(1) Opinion delivered on 11 December 2007 (not yet published in the

Official Journal).

(2) OJ L 157, 10.6.1992, p. 10.
(3) See Annex II, Part A.

(4) OJ L 169, 10.7.2000, p. 1.

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(10)

is consistent with current agricultural practice to
It
require that propagating material and fruit plants are
either officially examined or examined under official
supervision as foreseen for other species covered by
Community legislation.

(11) Genetically modified propagating material and fruit
plants should not be placed on the market and fruit
varieties should not be officially registered unless all the
appropriate measures have been taken to avoid any risk
to human health or the environment as referred to in
Directive 2001/18/EC of the European Parliament and of
the Council of 12 March 2001 on the deliberate release
into
genetically modified
organisms (1) and Regulation (EC) No 1829/2003 of
the European Parliament
the Council of
22 September 2003 on genetically modified food and
feed (2).

environment

and of

the

of

(12)

(13)

(14)

It is desirable to ensure that genetic diversity is preserved
and used in a sustainable way. Appropriate biodiversity
conservation measures to guarantee the conservation of
existing varieties should be taken in line with other
relevant Community legislation.

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

In the first instance it is the responsibility of the suppliers
of propagating material and/or fruit plants to ensure that
the conditions laid down in this
their products fulfil
Directive.
the
It
suppliers and the conditions to which they are to refer.
Suppliers should be officially registered in order to create
a transparent and economically valid process of certifi­
cation of propagating material and fruit plants.

is appropriate to define the role of

(15)

Suppliers marketing only to non-professional
final
consumers may be exempted from the obligation of
registration.

(16)

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

(1) OJ L 106, 17.4.2001, p. 1.
(2) OJ L 268, 18.10.2003, p. 1.

(17)

(18)

(19)

through
That objective can best be achieved either
common knowledge of the variety, in particular for old
varieties, or through the availability of a description
based on Community Plant Variety Office
(CPVO)
protocols or in their absence on other international or
national rules.

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

The competent authorities of the Member States should,
when carrying out controls and inspections, ensure that
conditions with regard to propagating material or fruit
plants and suppliers are fulfilled. The level, intensity and
frequency of such inspections should be determined
taking account of the category of material concerned.

(20)

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

(21)

(22)

Rules should be established permitting,
in the case of
temporary supply difficulties due to natural disasters,
such as fire and gales or unforeseen circumstances, the
marketing of propagating material and fruit plants
subject
than those
contained in this Directive for a limited period and
subject to specific conditions.

to requirements

stringent

less

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

and fruit plants

(23) Member States should be prohibited in the case of the
genera and species referred to in Annex I from imposing
new conditions or restrictions to the market other than
those provided for in this Directive.

(24)

(25)

(26)

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

rootstocks and other parts of plants of other genera or species
than those listed in Annex I or their hybrids,
if material of
genera or species listed in Annex I or their hybrids is grafted
or is to be grafted onto them.

In order to harmonise the technical methods of examina­
tion used in the Member States and to compare propa­
gating material
and fruit plants produced in the
Community with those produced in third countries,
comparative trials
to check
compliance of such products with the requirements of
this Directive.

should be carried out

In order to avoid any disruption of trade, Member States
should be allowed to authorise the marketing in their
own territory of certified and CAC (Conformitas Agraria
Communitatis) material
in
existence and already certified or accepted as CAC
material at the date of application of this Directive for
a transitional period even if that material does not fulfil
the new conditions.

taken from parent plants

(27)

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).

This Directive shall apply without prejudice to the plant

3.
health rules laid down by Directive 2000/29/EC.

4.
This Directive shall not apply to propagating material or
fruit plants shown to be intended for export to third countries,
provided they are identified as such and kept sufficiently
isolated.

subparagraph, with
Implementing measures
particular reference to identification and isolation, shall be
adopted in accordance with the procedure referred to in
Article 19(2).

first

the

for

Article 2

Definitions

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

1.

‘propagating material’ means seeds, parts of plants and all
plant material,
the
including rootstocks,
propagation and production of fruit plants;

intended for

(28)

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 II, Part B,

2.

‘fruit plants’ means plants intended to be planted or
replanted, after marketing;

HAS ADOPTED THIS DIRECTIVE:

3.

‘variety’ means a plant grouping within a single botanical
taxon of the lowest known rank, which can be:

CHAPTER 1

SCOPE AND DEFINITIONS

Article 1

Scope

This Directive shall apply to the marketing of fruit plant
fruit

1.
propagating material
production within the Community.

and fruit plants

intended for

(a) defined by the expression of the characteristics 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 characteristics; and

(c) considered as an entity in view of

its ability to be

propagated unchanged;

2.
This Directive shall apply to the genera and species listed
in Annex I as well as to their hybrids. It shall also apply to

(1) OJ L 184, 17.7.1999, p. 23.

4.

‘clone’ means the vegetative genetically uniform progeny of
a single plant;

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5.

‘pre-basic material’ means propagating material which:

(b) fruit plants which:

(a) has been produced, according to generally accepted
methods, for the maintenance of the identity of the
variety including the relevant pomological characteris­
tics and for the prevention of diseases;

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

certified material other than fruit plants;

(c) satisfies the specific requirements for pre-basic material

established pursuant to Article 4; and

(d) has been found by official
conditions in (a), (b) and (c);

inspection to satisfy the

6.

‘basic material’ means propagating material which:

(a) has been produced either directly or

in a known
number of stages in a vegetative way from pre-basic
material, according to generally accepted methods, for
the maintenance of the identity of the variety including
the relevant pomological characteristics and for the
prevention of diseases;

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

(c) satisfies the specific requirements for basic material,

established pursuant to Article 4; and

(d) has been found by official
conditions in (a), (b) and (c);

inspection to satisfy the

7.

‘certified material’ means:

(a) propagating material which:

(i) has been produced directly in a vegetative way
if
from basic material or pre-basic material or,
intended to be used for the production of root­
stocks, by certified seeds from basic or certified
material of rootstocks;

(ii) is intended for the production of fruit plants;

(iii) satisfies

the specific

requirements

for

certified

material, established pursuant to Article 4; and

(iv) has been found by official inspection to satisfy the

conditions in (i), (ii) and (iii);

(i) have been produced directly from certified, basic or

pre-basic propagating material;

(ii) are intended for the production of fruits;

(iii) satisfy

the

specific

requirements

for

certified

material, established pursuant to Article 4; and

(iv) have been found by official inspection to satisfy the

conditions in (i), (ii) and (iii);

8.

‘CAC (Conformitas Agraria Communitatis) material’ means
propagating material and fruit plants which:

(a) have varietal identity and adequate varietal purity;

(b) are intended for:

— the production of propagating material,

— the production of fruit plants, and/or

— the production of fruits;

(c) satisfy the specific requirements for CAC material estab­

lished pursuant to Article 4;

9.

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

treating,

10.

‘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 or fruit
plants to third parties, whether or not for consideration;

11.

‘responsible official body’ means:

(a) an authority, established or designated by the Member
State under the supervision of the national government
and responsible for questions concerning the quality of
propagating material and fruit plants;

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(b) any State authority established:

market only if the food or the feed derived from this material
has been authorised pursuant to that Regulation.

— either at national level, or

— at

regional

level, under

the
national authorities, within the limits set by the
national legislation of the Member State concerned;

the supervision of

Notwithstanding paragraph 1, Member

4.
States may
authorise suppliers on their own territory to place on the
market appropriate quantities of propagating material and
fruit plants intended:

12.

‘official
inspection’ means inspection carried out by the
responsible official body or under the responsibility of
the responsible official body;

(b) for selection work; or

(a)

for trials or scientific purposes;

13.

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

(c)

to help preserve genetic diversity.

CHAPTER 2

REQUIREMENTS FOR PROPAGATING MATERIAL AND FRUIT
PLANTS

Article 3

General requirements for placing on the market

Propagating material and fruit plants may only be

1.
marketed if:

(a)

the propagating material has been officially certified as ‘pre-
basic material’, ‘basic material’ or ‘certified material’ or if it
meets the conditions to be qualified as CAC material;

(b) the fruit plants have been officially certified as certified
material or they meet the conditions to be qualified as
CAC material.

2.
Propagating material and fruit plants which consist of a
genetically modified organism within the meaning of points 1
and 2 of Article 2 of Directive 2001/18/EC shall be placed on
the market only if the genetically modified organism has been
authorised pursuant to that Directive or pursuant to Regulation
(EC) No 1829/2003.

The conditions under which Member States may grant such
authorisation may be
adopted in accordance with the
procedure referred to in Article 19(2).

Article 4

Specific requirements for genus and species

In accordance with the procedure referred to in Article 19(3),
specific requirements for each genus or species referred to in
Annex I shall be established, specifying:

(a)

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

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

3. Where products derived from fruit plants or propagating
material are intended to be used as or in food falling within the
scope of Article 3 or as or in a feed falling within the scope of
Article 15 of Regulation (EC) No 1829/2003, the propagating
material and fruit plants concerned shall be placed on the

(c)

the conditions with which rootstocks and other parts of
plants of genera or species other
than those listed in
Annex I, or their hybrids, must comply if propagating
material of the genus or species listed in Annex I or their
hybrids is grafted onto them.

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CHAPTER 3

REQUIREMENTS TO BE MET BY SUPPLIERS

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

Article 5

Registration

1. Member States shall ensure that suppliers are officially
registered in relation to the activities which they carry out
under this Directive.

2. Member States may decide not to apply paragraph 1 to
suppliers marketing only to non-professional final consumers.

3.
Detailed rules for the application of paragraphs 1 and 2
may be established in accordance with the procedure referred to
in Article 19(2).

Article 6

Specific requirements

1. Member States shall ensure that pre-basic, basic, certified
material as well as CAC material is produced under the respon­
sibility of suppliers that are engaged in the production or repro­
duction of propagating material and fruit plants. To this effect,
those suppliers shall:

4.
Detailed rules for the application of paragraph 1 may be
established in accordance with the procedure referred to in
Article 19(2).

CHAPTER 4

VARIETY IDENTIFICATION AND LABELLING

Article 7

Variety identification

Propagating material and fruit plants shall be marketed
1.
with a reference to the variety to which they belong. Where,
in the case of rootstocks, the material does not belong to a
variety, reference shall be made to the species or interspecific
hybrid concerned.

The varieties to which reference is to be made pursuant to

2.
paragraph 1 shall be:

— identify and monitor critical points in their production

process which influence the quality of the material,

(a)

legally protected by a plant variety right in accordance with
provisions on the protection of new varieties;

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

— take samples where necessary for analysis in a laboratory,

and

— ensure that, during production, lots of propagating material

remain separately identifiable.

in the case of

2. Member States shall ensure that
the
appearance, on the premises of a supplier, of a harmful
organism listed in the Annexes to Directive 2000/29/EC or
referred to in the specific requirements established pursuant to
this Directive at a level higher than the level
Article 4 of
allowed in these specific requirements, the supplier reports it
to the responsible official body without delays, notwithstanding
any reporting obligations under Directive 2000/29/EC and
carries out any measures imposed by that body.

(b) officially registered pursuant to paragraph 4 of this Article;

or

(c) commonly known; a variety is considered to be commonly

known if:

(i) it has been officially registered in another Member

State;

(ii) it is the subject of an application for official registration
in any Member State, or of an application for a plant
variety right referred to in point (a); or

3. Member States shall ensure that suppliers shall keep
records of their sales or purchases for at least 3 years when
propagating material or fruit plants are marketed.

(iii) it has been already marketed before 30 September
2012 in the territory of the Member State concerned
or of another Member State, provided that it has an
officially recognised description.

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A reference pursuant to paragraph 1 may also be made to a
variety of no intrinsic value for commercial crop production
provided that
the variety has an officially recognised
description and the propagating material and fruit plants
the
are marketed as CAC material
Member State concerned and are identified by a reference
to this provision on the label and/or document.

in the territory of

In accordance with the procedure

6.
Article 19(2):

referred to in

— a system for the notification of varieties or species or inter­
specific hybrids to the responsible official bodies of the
Member States may be set up,

As far as possible, each variety shall bear

the same
3.
denomination in all the Member States,
in accordance with
implementing measures which may be adopted in accordance
with the procedure referred to in Article 19(2) or,
in their
in accordance with accepted international guidelines.
absence,

4.
Varieties may be officially registered if they have been
found to satisfy certain officially approved conditions and
have an official description. They may also be officially
registered if their material has been already marketed before
30 September 2012 in the territory of
the Member State
concerned, provided that
they have an officially recognised
description.

A genetically modified variety may be officially registered only if
the genetically modified organism of which it consists has been
authorised pursuant to Directive 2001/18/EC or pursuant to
Regulation (EC) No 1829/2003.

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

5.
Requirements for the official registration referred to in
paragraph 4 shall be established in accordance with the
procedure referred to in Article 19(2),
taking into account
current scientific and technical knowledge and covering:

(a)

the conditions of official registration, which may include, in
particular, distinctness, stability and sufficient uniformity;

(b) the characteristics which as a minimum the examinations of

the various species must cover;

(c)

the minimum requirements for carrying out
nations;

the exami­

(d) the maximum period of validity of the official registration of

a variety.

— it may be decided that a common list of varieties may be

established and published.

Article 8

Lot composition and identification

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

2.
If propagating material and fruit plants of different origins
are put together or mixed during packaging, storage, transport
or at delivery, the supplier shall keep records including the
following data: composition of the lot and origin of its indi­
vidual components.

Article 9

Labelling

Propagating material and fruit plants shall be marketed

1.
only in sufficiently homogeneous lots and if they are:

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

(b) qualified as pre-basic, basic or certified material, and
such by the responsible official body in
established

requirements

specific

certified as
accordance with the
pursuant to Article 4.

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

to a non-professional

In the case of retail supply of propagating material or fruit
2.
plants
requirements
regarding labelling referred to in paragraph 1 may be
confined to appropriate product information.

final consumer,

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In the case of propagating material or a fruit plant of a
3.
variety which has been genetically modified, any label and
document, official or otherwise, which is affixed to or accom­
panies the material under this Directive shall clearly indicate
the variety has been genetically modified and shall
that
identify the genetically modified organisms.

in all these respects to propagating material and fruit plants
produced in the Community
and complying with the
requirements and conditions of this Directive.

CHAPTER 5

EXEMPTIONS

Article 10

Local circulation

1. Member States may exempt:

2.
Pending the decision referred to in paragraph 1, Member
States may, until 31 December 2010, and without prejudice to
the provisions of Directive 2000/29/EC, apply to the import of
propagating material and fruit plants from third countries
to those
conditions
indicated, on a
equivalent
temporary or permanent basis,
in the specific requirements
adopted pursuant to Article 4. If such conditions are not laid
down in the specific requirements the conditions for impor­
to those applicable to
tation must be at
production in the Member State concerned.

least equivalent

least

at

(a)

from the application of Article 9(1), small producers all of
whose production and sales of propagating material and
fruit plants is intended for final use by persons on the
local market who are not professionally involved in plant
production (local circulation);

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

(b) from the checks and official

inspections provided for in
Article 13, the local circulation of propagating materials
and fruit plants produced by such exempt persons.

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

In accordance with the procedure

referred to in
2.
to other
Article 19(2),
referred to in
requirements
paragraph 1 of
the
regards
concepts of ‘small producers’ and ‘local market’, and to the
related procedures, may be adopted.

implementing measures
the
this Article,

exemptions
in particular as

concerning

relating

Article 11

Temporary difficulties in supply

In the event of temporary difficulties in the supply of propa­
gating material and fruit plants satisfying the requirements of
this Directive due to natural disasters or unforeseen circum­
in accordance with the
stances, measures may be adopted,
procedure
the
marketing of propagating material and fruit plants meeting
less stringent requirements.

referred to in Article 19(2),

concerning

CHAPTER 6

PROPAGATING MATERIAL AND FRUIT PLANTS PRODUCED
IN THIRD COUNTRIES

Article 12

In accordance with the procedure

referred to in
1.
Article 19(2), it shall be decided whether propagating material
and fruit plants produced in a third country and affording the
same guarantees as regards obligations on the supplier, identity,
characteristics, plant health, growing medium, packaging,
inspection arrangements, marking and sealing, are equivalent

CHAPTER 7

CONTROL MEASURES

Article 13

Official inspection

1. Member States shall ensure that propagating material and
fruit plants are officially inspected during production and
marketing to verify compliance with the requirements and
conditions
the
responsible official body shall have free access to all parts of
premises of suppliers at all reasonable times.

in this Directive. To this effect,

set out

The responsible official bodies may,

2.
in accordance with
their national legislation, delegate the tasks provided for in this
Directive to be accomplished under their authority and super­
vision 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
interest
that such person, and its members, has no personal
in the outcome of the measures it takes.

In accordance with the procedure referred to in Article 19(2),
any other legal persons established on behalf of a responsible
official body and acting under the authority and the supervision
of such body, may be approved, provided that such person has
no personal interest in the outcome of the measures it takes.

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

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

3.
Detailed rules for the application of paragraph 1 shall be
adopted in accordance with the procedure referred to in
Article 19(2). These rules
shall be proportionate to the
category of material concerned.

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

Article 14

Community monitoring

6.
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 19(2).

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

representatives of

and of

States

2.
Community comparative tests and trials may be carried
out within the Community for the post-control of samples of
propagating material or fruit plants placed on the market under
the provisions of this Directive whether mandatory or discre­
tionary,
to plant health. The
relating
comparative tests and trials may include the following:

including

those

— propagating material or

fruit plants produced in third

countries,

— propagating material or fruit plants suitable for organic

farming,

— propagating material or fruit plants marketed in relation to

measures for the conservation of genetic diversity.

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

Article 15

Community checks in Member States

Commission experts may,

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

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

3.
The comparative tests and trials referred to in paragraph 2
shall be used to harmonise the technical methods of examina­
tion of propagating material and fruit plants and to check
satisfaction of the conditions with which the material must
comply.

Article 16

Follow-up actions by Member States

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

shall make

The Commission, acting in accordance with the procedure
4.
referred to in Article 19(2),
the necessary
arrangements for the comparative tests and trials to be carried
out. The Commission shall inform the Committee referred to in
Article 19(2) 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.

2.
If, during the official inspection referred to in Article 13,
or the trials referred to in Article 14, it is found that propa­
gating material or fruit plants do not meet the requirements of
this Directive, the responsible official body of the Member State
shall take appropriate action to ensure that they do comply
with the provisions of this Directive or, if that is not possible,
to ban the marketing of that propagating material or those fruit
plants in the Community.

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If it is found that propagating material or fruit plants
3.
marketed by a particular supplier do not comply with the
requirements and conditions of
the Member
State concerned shall ensure that appropriate measures are
the supplier is forbidden to
If
taken against
market propagating material and fruit plants,
the Member
State
shall accordingly inform the Commission and the
competent national bodies in the Member States.

this Directive,

that supplier.

Any measures

4.
taken under paragraph 3 shall be
withdrawn as soon as it has been established with sufficient
certainty that the propagating material or fruit plants intended
for marketing by the supplier will, in the future, comply with
the requirements and conditions of this Directive.

CHAPTER 8

GENERAL AND FINAL PROVISIONS

Article 17

Free movement clause

Propagating material and fruit plants which comply with
1.
the requirements and conditions of
this Directive shall be
subject to no marketing restrictions as regards supplier, plant
health, growing medium and inspection arrangements, other
than those laid down in this Directive.

2.
As regards the propagating material and fruit plants of the
genera and species referred to in Annex I, Member States shall
refrain from imposing more stringent conditions or marketing
restrictions other than those laid down in this Directive or in
the specific requirements established pursuant to Article 4 or
those existing on 28 April 1992, as the case may be.

Article 18

Amendments and adaptation of Annexes

The Commission may,
in accordance with the procedure
referred to in Article 19(3), amend Annex I, for the purpose
of adapting it
to developments in scientific and technical
knowledge.

Article 19

Committee

1.
The Commission shall be assisted by the Standing
Committee on Propagating Material and Plants of Fruit Genera
and Species, hereinafter referred to as ‘the Committee’.

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

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

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

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

4.

The Committee shall adopt its Rules of Procedure.

Article 20

Transposition

the latest,

1. Member States shall adopt and publish, by 31 March
the laws, regulations and administrative
2010 at
provisions necessary to comply with Articles 1(2) and (3), 2,
3, 5, 6, 7(2), (3) and (4), 9(3), 12(2), 13(1), 16, and 21. They
shall forthwith communicate to the Commission the text of
those provisions
correlation table between those
provisions and this Directive.

and a

They shall apply those provisions from 30 September 2012.

2. When Member States adopt those provisions, they shall
contain a reference to this Directive or be accompanied by such
a reference on the occasion of their official publication. They
shall also include a statement that references in existing laws,
regulations and administrative provisions
to the Directive
repealed by this Directive shall be construed as references to
shall determine how such
this Directive. Member States
reference is to be made and how that statement
is to be
formulated.

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

Article 21

Transitional measures

conditions

taken from parent plants

Member States may, until 31 December 2018, allow the
marketing in their own territory of propagating material and
fruit plants
that existed before
30 September 2012 and have been officially certified or meet
to be qualified as CAC material before
the
31 December 2018. When marketed,
such propagating
material and fruit plants shall be identified by a reference to
this Article on the label and/or document. Beyond 31 December
2018 propagating material and fruit plants may be marketed if
the requirements of this Directive are fulfilled.

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Article 22

Repeal

1.
Directive 92/34/EEC, as amended by the acts listed in Annex II, Part A, is repealed with effect from
30 September 2012, without prejudice to the obligations of the Member States relating to the time limits
for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read

2.
in accordance with the correlation table in Annex III.

Article 23

Entry into force

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 24

Done at Brussels, 29 September 2008.

For the Council
The President

M. BARNIER

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ANNEX I

List of genera and species to which this Directive applies

Castanea sativa Mill.

Citrus L.

Corylus avellana L.

Cydonia oblonga Mill.

Ficus carica L.

Fortunella Swingle

Fragaria L.

Juglans regia L.

Malus Mill.

Olea europaea L.

Pistacia vera L.

Poncirus Raf.

Prunus amygdalus Batsch

Prunus armeniaca L.

Prunus avium (L.) L.

Prunus cerasus L.

Prunus domestica L.

Prunus persica (L.) Batsch

Prunus salicina Lindley

Pyrus L.

Ribes L.

Rubus L.

Vaccinium L.

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ANNEX II

PART A

Repealed Directive with its successive amendments

(referred to in Article 22)

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

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

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

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

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

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

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

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

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

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

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

Commission Decision 2007/776/EC
(OJ L 312, 30.11.2007, p. 48)

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

Only Article 1(5)

PART B

List of time limits for transposition into national law and application

(referred to in Article 22)

Directive

Time limit for transposition

Date of application

31 December 1992

31 December 1992 (1)

10 October 2003

31 October 2004

92/34/EEC

2003/61/EC

2003/111/EC

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

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ANNEX III

Correlation table

Directive 92/34/EEC

This Directive

Articles 1(1)

Article 1(2)

Article 1(3)
—

Article 2

Article 3 (a), (b)
—

Article 3 (c) – (f)
Article 3 (g) – (h)
Article 3 (i) – (j)

Article 3 (k) (i and ii)

Article 3 (k) partim.

Article 3 (l) (m)

Article 3 (n)

Article 3 (o)

Article 3 (p)

Article 4(1)

Article 4(2)

Article 5

—

Article 6

—

Article 7

Articles 8(1) (2)
—

—

Article 8(3)

Article 9(1)
—

Article 9(2)(i), (ii)

Article 9(2) final provision

Article 9(3)

Article 9(4)

Article 9(5)

Article 9(6)

Articles 10(1) (2)

Article 10(3)

Article 11

Article 12

Article 13

Articles 1(1)
—

Article 18 amended

Article 1(2)(3)

Article 1(4)

Article 2(1), (2)

Article 2(3), (4)
Article 2(5) – 2 (8) amended
—

Article 2(9) – (10) amended

Article 2(11)

Article 13(2) amended

Article 2(12), (13)
—

Article 2(14)
—

Article 4 amended
—

—

Article 5

—

Article 6

Article 15

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

Article 3(2)

Article 3(3)

Article 3(4) amended

Article 7(1)

Article 7(2)

Article 7(3)(a), (b) amended

Article 7(4) amended

Article 7(5)
—

Article 7(6)

Article 7(7)

Articles 8(1) (2) amended
—

Article 9 amended

Article 10

Article 11 amended

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Directive 92/34/EEC

This Directive

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19(1)

Article 19(2)

Article 19(3)

Article 20

Article 21(1) (2)

Article 21(3)

Article 22(1) (2)

Article 23

Article 24(1)

Article 24(2)

Article 25

Article 26

—

—

—

Article 27

Annex I

Annex II

—

Article 17(1)

Article 17(2) amended

Article 12

Article 13(1) amended

Article 13(3) amended

Article 16(2)

Article 16(3)

Article 16(4)

Article 14

Article 19(1) (2)

Article 19(4)

Article 19(1) (3)

—

Article 16(1)
—

—

Article 20

Article 21

Article 22

Article 23

Article 24

—

Annex I

Annexes II and III