Proposal for a Directive of the European Parliament and of the Council on the marketing of material for the vegetative propagation of the vine (Recast)
Date: 2010-07-05
Institutions: European Commission
Subjects: marketing standard, plant propagation, preparation for market, seed, seedling, vineyard

EN 

EN 

   EN 

 
 
EUROPEAN COMMISSION 

Brussels, 5.7.2010 
COM(2010)359 final 

2010/0194 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

(Recast) 

EN 

   EN 

 
 
 
1. 

2. 

3. 

4. 

1 
2 

3 
4 
5 

6 

EXPLANATORY MEMORANDUM 

On 1 April 1987 the Commission decided1 to instruct its staff that all 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 their provisions are 
clear and readily understandable. 

The codification of Council Directive 68/193/EEC of 9 April 1968 on the marketing 
of  material  for  the  vegetative  propagation  of  the  vine2  was  initiated  by  the 
Commission, and a relevant proposal was submitted to the legislative authority3. The 
new Directive was to have superseded the various acts incorporated in it4. 

In  the  course  of  the  legislative  procedure,  it  was  acknowledged  that  a  provision 
appearing  in  the  proposal  for  a  codified  text  provided  for  a  reservation  of 
implementing  powers  by  the  Council  which  was  not  justified  in  the  recitals  of 
Directive 68/193/EEC.  In  the  light  of  the  judgment  of  the  Court  of  Justice  of 
6 May 2008 in Case C-133/06, a redrafting of certain parts of the proposal therefore 
became  necessary.  Since  such  a  redrafting  would  imply  a  substantive  change,  and 
would therefore go beyond straightforward codification, it was considered necessary 
that point 85 of the Interinstitutional Agreement of 20 December 1994 - Accelerated 
working method for official codification of legislative texts - be applied, in the light 
of the Joint Declaration on that point6. 

After examining the political, legal and historical context of the provision concerned, 
the Commission came to the conclusion that the reasons that could have previously 
justified  a  reservation  of  implementing  powers  by  the  Council  would  no  longer 
apply.  Directive 68/193/EEC was  adopted  on  9 April  1968,  i.e.  well  before  the 
adoption of the Single European Act and the subsequent establishment of the internal 
market. At that time, it was considered appropriate for the Council to take decisions 
directly  influencing  trade  relations  with  third  countries.  However,  the  context  has 
changed considerably since the 1960s. As a result, in similar directives adopted since 
the  1990s,  the  power  to  decide  on  the  equivalence  of  the  conditions  and  measures 
with regard to propagating material produced in third countries, and on the types and 
categories of propagating material produced in third countries that may be admitted 
to marketing within the Union, has been given to the Commission. It is appropriate 
in 
that 

provision on 

equivalence 

admission 

contained 

and 

the 

COM(87) 868 PV. 
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. 
COM(2008) 91 final. 
See Annex V, Part A of this proposal. 
"Should it prove necessary during the legislative process to go beyond straightforward codification and 
make substantive changes, it will be the Commission's responsibility to submit any proposal(s), where 
appropriate". 
"The European Parliament, the Council and the Commission note that if it should appear necessary to 
go beyond straightforward codification and make substantive changes, the Commission will be able to 
choose,  case  by  case,  whether  to  recast  its  proposal  or  whether  to  submit  a  separate  proposal  for 
amendment, leaving its codification proposal on the table, and then, once the substantive change has 
been adopted, incorporate it into the proposal for codification". 

EN 

3 

   EN 

 
                                                 
Directive 68/193/EEC be therefore aligned with those subsequent provisions. This is 
also in conformity with the general rule laid down in Article 291(2) TFEU. 

5. 

It is therefore appropriate to transform the codification of Directive 68/193/EEC into 
a recast in order to incorporate the necessary amendment. 

EN 

4 

   EN 

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

2010/0194 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

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

(Recast) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article ⌦ 43(2) ⌫ thereof, 

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Economic and Social Committee7, 

After transmission of the proposal to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure8, 

Whereas: 

(1) 

Council  Directive  68/193/EEC  of  9  April  1968  on  the  marketing  of  material  for  the 
vegetative  propagation  of  the  vine9  has  been  substantially  amended  several  times10. 
Since further amendments are to be made, it should be recast in the interests of clarity. 

(cid:216) new 

(2) 

The production of wine and table grapes occupies an important place in the agriculture 
of the ⌦ Union ⌫. 

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

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

7 
8 
9 
10 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 93, 17.4.1968, p. 15. 
See Annex V, Part A. 

EN 

5 

   EN 

 
 
 
 
 
                                                 
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 
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 vine cultivation ⌦ in the Union ⌫ 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  ⌦ the ⌫  requirements  ⌦ of  the  Union ⌫  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 

EN 

6 

   EN 

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

(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. 
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  

(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/EEC11 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) 

11 

OJ L 106, 17.4.2001, p. 1. 

EN 

7 

   EN 

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

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

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

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

intended for export to third countries. 

(17) 

In order to improve not only the genetic ⌦ value ⌫ of ⌦ propagating ⌫ material 
⌦ in the Union ⌫, but also its external quality, certain conditions ⌦ should ⌫ be 
laid down as to technical purity, quality and grading. 

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

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

(18) 

In order to ensure the identity of the ⌦ propagating ⌫ material, ⌦ Union ⌫ 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 ⌦ that 
the certification has been established by the Union ⌫. 

(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. 

(20)  ⌦ Propagating ⌫ material satisfying those requirements should, without prejudice to 
Article  ⌦ 36 ⌫  of  the  Treaty,  be  subject  to  no  marketing  restrictions  other  than 
those provided for in ⌦ Union ⌫ rules. 

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

EN 

8 

   EN 

 
 
 
 
 
 
 
(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 

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

(22)  Subject to certain conditions, ⌦ propagating ⌫ material produced in other Member 
States  from  basic ⌦ propagating ⌫ material certified in a Member State should be 
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  ⌦ Union ⌫  and  that  coming  from  third  countries,  ⌦ uniform ⌫  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 
Commission12. 

(cid:216) new 

(26) 

In  particular,  the  Commission  should  be  empowered  to  adopt  certain  implementing 
measures regarding the equivalence between propagating material produced in a third 
country and propagating material produced in the Union, as well as to determine the 
types and categories of propagating material produced in third countries that may be 
admitted to marketing within the Union. 

12 

OJ L 184, 17.7.1999, p. 23. 

EN 

9 

   EN 

 
 
 
 
 
 
 
                                                 
(27)  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, 

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 68/193/EEC 

Article 1 

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

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

(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) 

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

(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) 

(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; 

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

(4) 

Propagating material ⌦ means: ⌫ 

EN 

10 

   EN 

 
 
 
 
 
 
 
 
(a) 

young vine plants: 

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

(i) 

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

(ii) 

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; 

(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)  

EN 

11 

   EN 

 
 
 
 
 
(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; 

(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; 

EN 

12 

   EN 

 
 
 
 
 
(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. 

(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) 

Article 3 

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

EN 

13 

   EN 

 
 
 
 
 
 
(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 
standard 
⌦ propagating ⌫ material; and 

is  officially  checked 

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. 

3. In the case of propagating material produced by means of in vitro propagation techniques, 
the following provisions may be adopted in accordance with the procedure ⌦ referred to ⌫ 
in Article 27(2): 

(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. 

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

4.  The  Commission,  acting  in  accordance  with  the  procedure  ⌦ referred  to ⌫  in 
Article 27(3), may require that, after specified dates, propagating material other than for use 
as  rootstocks  may  be  placed  on  the  market  only  if  it  has  been  officially  certified  as  ‘initial 
propagating material’, ‘basic propagating material’ or ‘certified propagating material’: 

(a) 

throughout  the  ⌦ Union ⌫  ,  in  the  case  of  certain  vine  varieties  for  which  the 
needs ⌦ of the Union ⌫ can be covered, taking into account their genetic diversity, 

EN 

14 

   EN 

 
 
 
 
 
if  necessary  under  an  established  programme,  by  propagating  material  officially 
certified  as  ‘initial  propagating  material’,  ‘basic  propagating  material’  or  ‘certified 
propagating material’; and 

(b) 

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 
required,  in  accordance  with  this  Directive,  that  ‘standard  ⌦ propagating ⌫ 
material’ may no longer be marketed. 

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

Article 4 

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

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) 

(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  
1234/200713, with regard to the rules for the classification of vine varieties. 

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

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

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

13 

OJ L 179, 17.7.1999, p. 1 OJ L 299, 16.11.2007, p. 1. 

EN 

15 

   EN 

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

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

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) (adapted) 

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 
⌦ Union ⌫. 

A variety shall be deemed to be a matter of common knowledge in the ⌦ Union ⌫ 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 
conditions  referred  to  in  the  first ⌦ subparagraph ⌫  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)  

Article 8 

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. 

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

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

EN 

16 

   EN 

 
 
 
 
 
(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  to  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  ⌦ not ⌫  apply  to  genetically 
modified varieties of vine authorised in conformity with the Regulation referred to in 
point (b) of this paragraph. 

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

(cid:208) 1829/2003 Art. 42  

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 Council14, 
the  vine  variety  concerned  shall  be  accepted  only  if  it  has  been  authorised  pursuant  to  that 
Regulation. 

Member  States  shall  ensure  that  a  vine  variety,  from  the  propagating  material  of  which 
products  were  derived  intended  for  use  in  food  and  feed  pursuant  to  Articles  2  and  3  of 
Regulation  (EC)  No  178/2002  of  the  European  Parliament  and  of  the  Council15  shall  be 
accepted only if it has been authorised pursuant to the relevant legislation. 

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

Article 9 

Member  States  shall  ensure  that  varieties  and,  where  applicable,  clones  coming  from  other 
Member  States  are  subject  to  the  same  requirements  as  those  which  apply  to  domestic 
varieties or clones, in particular as regards the acceptance procedure. 

14 
15 

OJ L 268, 18.10.2003, p. 1. 
OJ L 31, 1.2.2002, p. 1. 

EN 

17 

   EN 

 
 
 
 
                                                 
(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. 

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

(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. 

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 

EN 

18 

   EN 

 
 
 
 
 
 
 
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. 

(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. 

EN 

19 

   EN 

 
 
 
 
 
 
(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 
⌦ Union ⌫  ,  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. 

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

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 
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. 

EN 

20 

   EN 

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

3.  Without  prejudice  to  Article  185c(3)  of  Regulation (EC)  No   1234/2007,  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/EEC16. 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. 

16 

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 
⌦ Union ⌫ , 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  1234/2007. 

EN 

22 

   EN 

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

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 ⌫ 
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 
⌦ Union ⌫  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 
Union ⌫  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 ⌦ Union ⌫ level. 

EN 

23 

   EN 

 
 
 
 
 
 
(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. 

(cid:208) 2002/11/EC Art. 1(21) 
(adapted) 
(cid:214) new 

2. On a Commission proposal the Council, acting by qualified majority, shall determine (cid:214) In 
accordance with the procedure referred to in Article 27(2), it shall be determined  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 
the  Community 
⌦ Union ⌫ and meets the requirements of this Directive. 

in 

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  ⌦ Union ⌫  under 
⌦ the  first  subparagraph ⌫  (cid:214) shall  be  determined  in  accordance  with  the  same 
procedure  . 

Until  the  Council  has  taken  a  decision  (cid:214) has  been  taken   pursuant  to  ⌦ the  first 
subparagraph of this paragraph ⌫ and without prejudice to Council Directive 2000/29/EC17, 
Member  States  may  be  authorised  to  take  such  decisions  in  accordance  with  the  procedure 
⌦ referred to ⌫ in Article 27(2) ⌦ of this Directive ⌫. 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  ⌦ Union ⌫  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) ⌦ of this Directive ⌫. 

17 

OJ L 169, 10.7.2000, p. 1. 

EN 

24 

   EN 

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

Article 26 

1. ⌦ Uniform ⌫  comparative  tests  and  trials  shall  be  carried  out  within  the ⌦ Union ⌫ 
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. 

in 
in  accordance  with 
2.  The  Commission,  acting 
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. 

the  procedure 

referred 

to 

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

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  financial  contribution  ⌦ referred  to  in 
paragraph  3 ⌫,  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. 

EN 

25 

   EN 

 
 
 
 
(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’). 

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)  

(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) . 

⌦ 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. 

EN 

26 

   EN 

 
 
 
 
 
 
 
(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. 

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

Article 31 

This  Directive  shall  be  without  prejudice  to  ⌦ the  provisions  of  Regulation (EC) 
No 1234/2007 applying to the live plants sector ⌫. 

(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. 

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

Article 33 

EN 

27 

   EN 

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

Article 34 

⌦ This ⌫ Directive is addressed to the Member States. 

Done at […] 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

EN 

28 

   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. 

EN 

29 

   EN 

 
 
 
 
 
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. 

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  the  stock  nurseries  intended  for  the  production  of  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. 

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 

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

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
on visual methods and, if necessary, supported by suitable tests and/or a second crop 
inspection. 

(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 

31 

   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 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
  ⌦ Propagating ⌫  material  presenting  clear  signs  or  symptoms  ascribable  to 
harmful  organisms  for  which  there  are  no  efficient  treatments  shall  be 
eliminated. 

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

II. 

SPECIAL CONDITIONS 

1.  Rooted grafts 

The  rooted  grafts  consisting  of  a  combination  of  the  same  category  of 
reproduction material shall be classified in that category. 

The  rooted  grafts  consisting  of  a  combination  of  different  categories  of 
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  basic 
propagating material shall be classified as initial propagating material.  

III. 

GRADING 

1.  Graftable rootstock cuttings, nursery cuttings and top-graft cuttings 

Diameter 

This concerns the largest diameter of the section. This standard does not apply 
to herbaceous cuttings: 

(a) 

graftable rootstock cuttings and top-graft cuttings: 

(i) 

top diameter: 6,5 to 12 mm; 

(ii)  maximum  butt  end  diameter:  15  mm,  except  if  this  involves  top-

graft cuttings intended for grafting in situ; 

(b)  nursery cuttings: 

minimum top diameter: 3,5 mm. 

EN 

33 

   EN 

 
 
 
 
 
 
 
 
 
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. 

B. 

Length 

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

The length from the lowest point at which roots emerge to the base of the 
extension growth shall be not less than:  

(a) 

30  cm  for  rooted  cuttings,  intended  for  grafting;  however,  for 
rooted cuttings intended for Sicily, 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 standard is not applicable to the rooted cuttings derived from 
herbaceous ⌦ propagating ⌫ material.  

(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 distance below the diaphragm so as 
not to damage it but not more than one centimetre below it. 

3.  Rooted grafts 

A. 

Length 

The stem shall be at least 20 cm in length. 

EN 

34 

   EN 

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

This  standard  is  not  applicable  to  the  rooted  grafts  derived  from 
herbaceous ⌦ propagating ⌫ material. 

B. 

Roots 

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

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. 

C.  Union 

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

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 

35 

   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 

36 

   EN 

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

ANNEX IV 

MARKING 

A. 

LABEL 

I. 

REQUIRED INFORMATION 

1.  ⌦ EU ⌫ Standard; 

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

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

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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. 

the label shall be indelibly printed and clearly legible; 

EN 

37 

   EN 

 
 
 
 
 
2. 

3. 

4. 

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”. 

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 

EN 

38 

   EN 

 
 
 
 
 
 
(c) 

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

the 

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

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

B. 

ACCOMPANYING DOCUMENT 

I. 

CONDITIONS TO BE FULFILLED 

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

(a) 

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

(b) 

(c) 

(d) 

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; 

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

II.  LIST OF INFORMATION TO BE INCLUDED 

1.  ⌦ EU ⌫ Standard; 

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

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

2. 

3. 

4. 

5. 

6. 

7. 

8. 

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; 

EN 

39 

   EN 

 
 
 
 
 
 
9. 

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 

40 

   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 

41 

   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 

42 

   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 

43 

   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) 

EN 

44 

   EN 

 
Article 2(1)(F), introductory words 

Article 2(1)(9), introductory words 

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 8(3), first subparagraph 

EN 

45 

   EN 

 
Article 5ba(3)(b) 

Article 8(3), second subparagraph 

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 16(1), introductory words 

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 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) 

EN 

46 

   EN 

 
Article 16(2) 

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(1), second subparagraph 

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 

47 

   EN