CELEX: 51991PC0418
Language: en
Date: 1991-10-31
Title: Amended proposal for a COUNCIL REGULATION ( EEC ) on the marketing of ornamental plant propagating material and ornamental plants

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     C0M(91) 418 final
                                                     Brussels, 31 October 1991
                                  Anended proposal for a
                                 COUNCIL REGULATION (EEC)
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                    OD tSoB wKtkobivg of oocnanental plant propag&tix£
                             VB^BOCJJBLL SZU   oniwftnintffltl uLostss
                 (presented by the Commission pursuant to Article 149(3)
                                    of the EEC-Treaty)
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 ---pagebreak---                               EXPLANATORY MBCRâNDDM
Ht its session of 11th July 1991, tbe European Parliament delivered its
opinion on tbe Commission proposal contained in document O0H(89) 650-final,
oonoernlng a proposal for a Oounoil Regulation on tbe marketing of
ornamental plant propagating material and ornamental plants^).
The present amended proposal takes into account amendments suggested by the
European Parliament on vhich the Oomoission has taken a favourable
position.
(1)   0 J N 0 C 5 2 , 3.3.1990, p. 16.
 ---pagebreak---                                         - 2 -
                              Amended proposal for a
     Council Regulation on the marketing of ornamental plant propagating
                       Travfryriflii and ornamental plants
In response to the opinion delivered by the European Parliament C D on the
proposal for a Council Regulation sent by the Commission to the Council on
21 December 1989 on the marketing of ornamental plant propagating material
and ornamental plants, and in accordance with the third paragraph of
Article 149 of the Treaty establishing the European Economic Community, the
Commission has decided to amend the aforementioned proposals as follows:
1. The eighth recital is amended as follows:
     Whereas, without préjudice to the health provisions laid down in
     Direotive 77/93/EBC. it is not appropriate to apply the Community rules
     to propagating material and ornamental plants shown to be intended for
     export to third countries, as the rules applicable there may be
     different from those contained in this Regulation;
2. The twelfth recital Is amended as follows:
     whereas, although it would be desirable to restrict marketing of
     propagating material and ornamental plants to those meeting the
     abovementioned standards, this is at present impossible as Community
     demand could not then be satisfied; whereas, therefore, for
     transitional periods only, the marketing of examined classified
     material having sufficient varietal identity and varietal purity and
     meeting less stringent plant health standards pr^VM be allowed;
     whereas, for similar reasons, for transitional periods only, the
     marketing of standard material (flower seed) should be allowed;
 (1)   OJ No C 240, 16.9.1991, p. 197.
 ---pagebreak---                                       - 3 -
3. Article 1(2): is amended as follows:
   2. The following genera and speoles shall be subject to the rules laid
       down in Articles 3 to 13, 14(2), 15 to 19 and 23:
       - Acer pseudoplatanns L. (sycamore)
       - Begonia x hiemalis Fotsoh (ELatior begonia)
           Chrysanthemum (chrysanthemum)
       - T V ^ H A . (TYfrHa.) (propagated through puttings)
       - THflffvKh"p(carnation)
            Fraxinus excelsior L. (ash)
            Fuchsia (fuchsia)
       - Gerbera (gerbera)
       - Gladiolus
       - IAlium (lily)
       - Mftn« («pple) (ornamental)
       - Narcissus (narcissus)
       - Nerium oleander L. (oommon oleander)
            Pelargonium x domestioum (propagated through cuttings)
            Pelargonium x hederaefolium (propagated through cuttings)
       - Pelargonium x hortorum (propagated through cuttings)
            Pelargonium peltatum hort. non (L.) L'Herit, ex Ait, and
            hybrids
            Pelargonium zonale hort. non (L.) L'Herit. ex Ait, and hybrids
            Phoenix oanarlensis
            Pinus nigra Arnold
            Populus (poplar)
            Prunus (cherry) (ornamental)
            Pyrus (pear) (ornamental)
        - Rosa (rose)
        - Thuja occidental Is L. (white oedar)
        - *r','l1rft (+ ! »' H, P)
       Rootstooks of other genera or species should also be subject to the
       abovementioned rules if material of one of the above genera or
        species is grafted onto them.
 ---pagebreak---                                       -4-
4. Article 2 is amended as follows:
   This Regulation shall not apply to ornamental plant propagating
   material or ornamental plants shown to be intended for export to third
   countries, without prejudice to the health rules laid down in Direotive
   77/93/EHC.
5. Article 3(a) is amended as follows:
   a) Propagating material: seeds and all plant material or parts of
       plants permitting the propagation and production of ornamental
       plants. Flowering bulbs, conns and tubers are also subject to
       Council Regulation (EEC) No 318/68 of 12 March 1968 fixing quality
       standards.
©• Article 3(b) is amended as follows:
   b) Ornamental plants: plants or parts of plants obtained directly from
       propagating material and intended, after marketing, to be used for
       ornamental purposes, with the exception of fresh cut flowers and
       ornamental foliage, which are subject to Council Regulation (EHC)
       No 318/68 of 12 March 1968 fixing quality « ^ T V ^ - M A
7. Article 3 - a new paragraph (da) is added after paragraph (d) as
   follows:
   (da) ft+fl^ft™* material: flower seed
           i) which possesses sufficient varietal identity and varietal
                  purity:
           il) which is intended for the production of ornamental plants
                  or out flowers or leaves:
            M I } vfhirto «a*isfles the conditions for standard material laid
                  down in the Schedule for the genus or species concerned
                  established pursuant to Article 4;
 ---pagebreak---                                    - 8 -
            lv) which has been found by an offloial examination carried
                 out by a publio body or other authorized agents acting by
                 delegation of that body and under its supervision, to
                 satisfy the abovementloned conditions Insofar as they
                 imply the absence of the harmful organisms specified in
                 Direotive 77/93/EBC;
            v) in respect of which no anomaly has been detected as
                 regards the remaining conditions at the time of the
                 official examination;
            vi) which is submitted for official a posteriori spot checks
                 to ensure its varietal identity and varietal purity.
8. Article 3 - a new paragraph (db) is added after the new paragraph (da)
    as follows:
    (db)    Certified propagating material: propagating material
            I) which has been obtained directly from propagating stock;
            II) which satisfies the conditions for certified propagating
                 material laid down in the Schedule for the genus or
                 species concerned, establ 1 shal pursuant to Article 4. and
            ill) which has been found by official examination to satisfy
                 the abovementloned conditions.
9. Article 3(g) is amended as follows:
    g) Measures are "official" if taken by the competent national
        authority or by other publio or private sector agents acting by
        delegation from that authority and/or under its supervision for
        that purpose.
10. Article 8(1) - a new second subparagraph is added as follows:
    However, suppliers whose activity in this conneotion is confined to the
    simple distribution of propagation material and ornamental plants
    produced and packaged on premises other than their own shall be exempt
    from the requirement to keep records.
 ---pagebreak---                                    -6-
11. Article 6(1) is amended as follows:
    1. Propagating material shall not be placed on the market
            unless it satisfies the relevant conditions laid down in the
            Schedule for the genus or species concerned established
            pursuant to Article 4,
            unless it has been officially certified as 'nuclear stock' or
            'propagating stock' or as 'certified propagating material' or.
            in tbe case of flower seed, has been classified as 'standard
            material'. and
12. A new Article 7a is added after Article 7 as follows:
    Under the procedure laid down in Article 20 It may be provided that
    after specifio dates flower seed of certain speoles may not be placed
    on the market unless It has been officially certified as "nuclear
    stock". "propagating stock" or "oertifled propagating material".
13. Article 18(1) is amended as follows:
    1. If, during the official examinations referred to in Article 3 or
        7(l)(o), the official control referred to in Article 17 or the
        trials referred to in Article 19, it is repeatedly found that
        propagating material or ornamental plants marketed by a particular
        supplier do not comply with the requirements and conditions of this
        Regulation, the Member State concerned shall ensure that for a
        specified period the supplier is forbidden to market propagating
        material or ornamental plants. The Gommi»*"" «^"n ensure the
        correct application of the bans and penalties provided for.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (91) 418 final
                                                      DOCUMENTS
EN                                                                              03
                                Catalogue number : CB-CO-91-459-EN-C
                                                             ISBN 92-77-76716-2
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