Commission Implementing Decision (EU) 2026/75 of 12 January 2026 concerning the equivalence of fruit plant propagating material and fruit plants, intended for fruit production, produced in certain third countries, as regards obligations on the supplier, identity, characteristics, plant health, growing medium, inspection arrangements, labelling, sealing and packaging (notified under document C(2026) 30)
Date: 2026-01-12
Institutions: Directorate-General for Health and Food Safety, European Commission
Subjects: arboriculture, fruit-growing, import (EU), labelling, market approval, originating product, plant health control, plant propagation, seedling, third country




L_202600075EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2026/75


14.1.2026







            COMMISSION IMPLEMENTING DECISION (EU) 2026/75
of 12 January 2026
         
concerning the equivalence of fruit plant propagating material and fruit plants, intended for fruit production, produced in certain third countries, as regards obligations on the supplier, identity, characteristics, plant health, growing medium, inspection arrangements, labelling, sealing and packaging


(notified under document C(2026) 30)




THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (1), and in particular Article 12(1) thereof,

Whereas:







(1)


In 2021 and 2022, Argentina, Chile, Moldova, Morocco, Serbia and the United States (‘the specified third countries’) submitted requests to the Commission for recognition by the Union of equivalence for the fruit plant propagating material and fruit plants intended for fruit production (‘propagating material and fruit plants’) belonging to certain genera and species and to certain categories produced in those third countries. Those requests were accompanied by the relevant legislations of the specified third countries.












(2)


Following examination of the requests and the legislations of the specified third countries, the Commission has concluded that those legislations provide for the respective propagating material and fruit plants, belonging to the corresponding categories, to afford the same guarantees as the ones set out in Directive 2008/90/EC as regards the genera and species concerned.












(3)


The respective propagating material and fruit plants are to fulfill requirements equivalent to the respective requirements of Commission Implementing Directive 2014/98/EU (2) concerning the production and marketing by the specified third country, and Commission Implementing Directive 2014/96/EU (3) concerning labelling, sealing and packaging, following the import of that propagating material and fruit plants. This is necessary to ensure the same standards as the ones applied to the propagating material and fruit plants produced and marketed in the Union.












(4)


Consequently, imported propagating material and fruit plants should, as appropriate for the category of propagating material and fruit plants concerned, be accompanied by an official label issued by the third country concerned or a supplier’s document prepared by the supplier in that third country, and by records containing details of that propagating material and those fruit plants provided by the supplier in that third country.












(5)


The official label or supplier’s document should be attached to the imported propagating material and fruit plants, as this is necessary to ensure informed choices for the users and facilitate the competent authorities with the conduct of the respective official controls. Following import into the Union, those official labels or supplier’s documents should be replaced by labels produced pursuant to Directive 2008/90/EC for the marketing of the respective propagating material and fruit plants within the Union.












(6)


The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,





HAS ADOPTED THIS DECISION:



Article 1

Definitions

For the purposes of this Decision, the following definitions apply:






(1)


‘specified third country’ means a third country listed in the Annex;










(2)


‘specified propagating material’ means the propagating material produced in the specified third countries which has been recognised, in relation to the respective genera or species, as equivalent to the propagating material produced in the Union in compliance with Implementing Directive 2014/98/EU;










(3)


‘specified fruit plants’ means fruit plants produced in the specified third countries which have been recognised, in relation to the respective genera or species, as equivalent to the fruit plants produced in the Union in compliance with Implementing Directive 2014/98/EU;










(4)


‘category’ means category as defined in Article 1, point 10, of Implementing Directive 2014/98/EU.






Article 2

Equivalence of propagating material and fruit plants

The specified propagating material and the specified fruit plants, intended for fruit production, produced in the specified third countries, and belonging to the respective genera or species and categories as indicated in the Annex, are equivalent to fruit plant propagating material and fruit plants intended for fruit production produced in the Union and complying with Directive 2008/90/EC in respect of affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, provided that that material and those fruit plants produced in those third countries continue to comply with that Directive and its implementing acts.


Article 3

Requirements for imports of specified propagating material and specified fruit plants


1.   Specified propagating material and specified fruit plants that have been produced in the specified third countries, for the respective categories and genera or species, as listed in the Annex, may only be imported into the Union provided that they have been labelled, sealed and packaged following requirements equivalent to the ones set out in Article 9 of Directive 2008/90/EC and in Implementing Directive 2014/96/EU concerning labelling, sealing and packaging, as appropriate for the respective category of pre-basic material, basic material, certified material or CAC material.


2.   The suppliers importing specified propagating material and specified fruit plants into the Union shall inform the respective responsible official body in advance of that import.


3.   Imported specified propagating material and specified fruit plants shall be accompanied by the following:






(a)


an official label issued by the responsible official body of the specified third country in the case of pre-basic, basic or certified material, or a supplier’s document prepared by the supplier of the specified third country in the case of CAC material; and










(b)


records containing details of that specified propagating material and those specified fruit plants provided by the supplier in the specified third country concerned.






4.   Following the import of the specified propagating material and the specified fruit plants, and before marketing of the respective propagating material and fruit plants in the Union:






(a)


the responsible official body of the Member State concerned, or the first supplier under official supervision, shall replace the official label of the specified third country, referred to in paragraph 3, point (a), with a new official label, or attach a new official label in addition to the label of the specified third country;










(b)


in the case of a supplier’s document, the first supplier in the Union shall replace the supplier’s document, referred to in paragraph 3, point (a), with a new one, or a new supplier’s document shall be attached in addition to the supplier’s document of the specified third country.






5.   The new official label or the new supplier’s document referred to in paragraph 4 shall respectively contain a reference to the original official label or original supplier’s document of the third country of origin, and a reference to that country.


6.   The imported specified propagating material and specified fruit plants shall fulfil the relevant requirements regarding variety identification as set out in Article 7 of Directive 2008/90/EC.



Article 4

Addressees

This Decision is addressed to the Member States.




Done at Brussels, 12 January 2026.


For the Commission

Olivér VÁRHELYI
            

Member of the Commission






(1)  
            OJ L 267, 8.10.2008, p. 8, ELI: http://data.europa.eu/eli/dir/2008/90/oj.

(2)  Commission Implementing Directive 2014/98/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ L 298, 16.10.2014, p. 22, ELI: http://data.europa.eu/eli/dir_impl/2014/98/oj).

(3)  Commission Implementing Directive 2014/96/EU of 15 October 2014 on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC (OJ L 298, 16.10.2014, p. 12, ELI: http://data.europa.eu/eli/dir_impl/2014/96/oj).




ANNEX
Union categories for genera and species of fruit plant propagating material and the corresponding equivalent categories originating in the specified third countries









 


Country


Fruit genera/species


Union category


Equivalent category of third country




1.


Argentina



Olea europaea L.


Pre-basic
Basic
Certified
CAC


Original/Starting
Basic/Foundation
Certified
Identified (Nominated)




2.


Chile



Olea europaea L.

Ribes L.

Rubus L.

Vaccinium L.


Pre-basic
Basic
Certified
CAC


Germplasm bank
Foundation, pre-increment and increment
Certified
Ordinary




3.


Moldova



Cydonia oblonga Mill.

Fragaria L.

Juglans regia L.

Malus Mill.

Prunus avium (L.) L.

Prunus armeniaca L.

Prunus cerasus L.

Prunus domestica L.

Prunus persica (L.) Batsch.

Prunus salicina Lindley

Pyrus L.

Ribes L.

Rubus L.


Pre-basic
Basic
Certified
CAC


Pre-basic
Basic
Certified
CAC




4.


Morocco



Cydonia oblonga Mill.

Fragaria L.

Olea europaea L.

Pyrus L.

Ribes L.

Rubus L.

Vaccinium L.


Pre-basic
Basic
Certified
CAC


Pre-basic
Basic
Certified
Non-certified




5.


Serbia



Corylus avellana L.

Cydonia oblonga Mill.

Fragaria L.

Malus Mill.

Pyrus L.

Ribes L.

Rubus L.

Vaccinium L.


Pre-basic
Basic
Certified
CAC


Pre-basic
Basic
Certified
Standard




6.


United States



Cydonia L.

Fragaria L.

Olea europaea L.

Pyrus L.

Ribes L.

Rubus L.

Vaccinium L.


Pre-basic
Basic mother plants
Basic material
Certified
CAC


G1
G2
G3
G4
non-certified







ELI: http://data.europa.eu/eli/dec_impl/2026/75/oj
ISSN 1977-0677 (electronic edition)