CELEX: 51992FC0034
Language: en
Date: 2006-12-22
Title: Proposal for a Council Directive …/…/EC of […] on the marketing of fruit plan propagating material and fruit plants intended for fruit production (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

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

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative 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 the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit  plan
       propagating material and fruit plants intended for fruit production[3]. The new Directive will supersede the various acts incorporated  in
       it[4]; this proposal fully preserves the content of the acts being codified and hence does no more than bringing them together  with  only
       such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive  92/34/EEC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       contained in Annex IV to the codified Directive.

                                            ê 92/34/EEC (adapted)

                                                            COUNCIL DIRECTIVE ../../EC

                                                                      of […]

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

                                                          Ö (Text with EEA relevance) Õ

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 37 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Whereas:

                                            ê . (adapted)

   1) Council Directive 92/34/EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production Ö [7] Õ has
      been substantially amended several times[8]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 92/34/EEC Recital 1

   2) Fruit production occupies an important place in the agriculture of the Community.

                                            ê 92/34/EEC Recital 2 (adapted)

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

                                            ê 92/34/EEC Recital 3 (adapted)

   4) The different treatment accorded to propagating material and fruit plants in different Member States is likely to create barriers to  trade
      and thus hinder the free movement of these goods within the Community.

                                            ê 92/34/EEC Recital 4 (adapted)

      (4) Ö H Õ armonized conditions at Community level ensure that purchasers throughout the Community receive propagating  material  and  fruit
      plants which are healthy and of good quality.

                                            ê 92/34/EEC Recital 5  (adapted)

   5) In so far as they relate to plant health, such harmonized conditions must be consistent with Council Directive Ö 2000/29/EC of 8 May 2000 Õ
      on protective measures against the introduction into the Ö Community Õ of organisms harmful to plant or plant products Ö and against  their
      spread within the Community Õ [9].

                                            ê 92/34/EEC Recital 6

   6) It is appropriate initially to establish Community rules for those genera and species of fruit plant which are of major economic importance
      in the Community, with a Community procedure for adding further genera and species later.

                                            ê 92/34/EEC Recital 7 (adapted)

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

                                            ê 92/34/EEC Recital 8 (adapted)

   8) The determination of plant health and quality standards for each genus and species of fruit plant requires lengthy and  detailed  technical
      and scientific consideration. A procedure should accordingly be established for that Ö purpose Õ .

                                            ê 92/34/EEC Recital 9

   9) In the first instance it is the responsibility of the suppliers of propagating material and/or fruit plants to ensure that  their  products
      fulfil the conditions laid down in this Directive.

                                            ê 92/34/EEC Recital 10 (adapted)

  10) The competent authorities of the Member States Ö should Õ , when carrying out controls and inspections, ensure that suppliers fulfil  those
      conditions with regard to propagating material or fruit plants belonging to the CAC (Conformitas Agraria Communitatis) category.

                                            ê 92/34/EEC Recital 11 (adapted)

  11) It is indispensable to provide for other categories of propagating material and fruit plants for which the said material and plants must be
      subject Ö to Õ official certification.

                                            ê 92/34/EEC Recital 12 (adapted)

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

                                            ê 92/34/EEC Recital 13

  13) It is consistent with current agricultural practice to require that certain propagating material and fruit  plants  are  either  officially
      examined, or are declared virus-free, meaning found free of all known viruses and virus-like  pathogens,  or  again  virus-tested,  meaning
      found free of specific viruses and virus-like pathogens reducing the usefulness of the propagating material and fruit plants.

                                            ê 92/34/EEC Recital 14

  14) It is in the interests of the purchasers of propagating materials and fruit plants that the names of varieties  be  known  and  that  their
      identity be safeguarded.

                                            ê 92/34/EEC Recital 15 (adapted)

  15) Ö That Õ objective can best be achieved either through common knowledge of the variety or through the availability of a  description  drawn
      up and kept by the supplier. In the latter case, however, the propagating material or fruit plants may not obtain access to the  categories
      which are subject Ö to Õ official certification.

                                            ê 92/34/EEC Recital 16 (adapted)

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

                                            ê 92/34/EEC Recital 17

  17) Rules should be established permitting, in the case of temporary supply difficulties, the  marketing  of  propagating  material  and  fruit
      plants subject to requirements less stringent than those contained in this Directive.

  18) ê 92/34/EEC Recital 18 (adapted)

  19) Member States should be prohibited in the case of the genera and species referred to in Annex II other than  those  provided  for  in  this
      Directive.

                                            ê 92/34/EEC Recital 19

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

                                            ê 92/34/EEC Recital 20 (adapted)

  21) In order to harmonize the technical methods of examination used in the Member States and to compare propagating material and  fruit  plants
      produced in the Community with those produced in third countries, comparative trials should be carried out  to  check  compliance  of  such
      products with the requirements of this Directive.

                                            ê 92/34/EEC Recital 21 (adapted)

  22) Ö 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 Commission[10]. Õ

                                            ê 

  23) 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 III, Part B,

                                            ê 92/34/EEC  (adapted)

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

1. This Directive applies to the marketing of fruit plant propagating material  and  fruit  plants  intended  for  fruit  production  within  the
Community.

2. Articles 2 to 20 and Article 23 shall apply to the genera and species listed in Annex II as well as to their hybrids.

Rootstocks and other parts of plants of other genera or species or their hybrids shall also be subject to Ö those Õ Articles if material  of  one
of the said genera or species or their hybrids is grafted or is to be grafted onto them.

3. Amendments to the list of genera and species in Annex II shall be adopted in accordance with the procedure Ö referred to Õ in Article 21(3).

                                            ê 92/34/EEC (adapted)

                                                                    Article 2

This Directive shall not apply to propagating material or fruit plants  shown  to  be  intended  for  export  to  third  countries,  if  properly
identified as such and kept sufficiently isolated, without prejudice to the health rules laid down by Directive Ö 2000/29/EC Õ .

                                            ê 92/34/EEC (adapted)

Implementing measures for the first paragraph, with particular reference to identification and isolation, shall be  adopted  in  accordance  with
the procedure Ö referred to Õ in Article 21(2).

                                                                    Article 3

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

(a)   propagating material: seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and  production  of
       fruit plants;

(b)   fruit plants: plants intended to be planted or replanted, after marketing:

(c)   pre-basic material: propagating material:

       (i)  which has been produced according to generally accepted methods with a view to maintaining the identity of the variety, including the
           relevant characteristics of its pomological value, established according to the procedure Ö referred to Õ in Article  21(2),  and  to
           preventing diseases;

       (ii) which is intended for the production of basic material;

       (iii)      which satisfies the conditions for pre-basic material laid down in the schedule for the species concerned, established pursuant
           to Article 4, and

       (iv) which, following an official inspection, has been recognized as satisfying the conditions in Ö (i), (ii) and (iii) Õ ;

(d)   basic material: propagating material:

       (i)  which has been produced either directly or in a known number of stages in a vegetative way  from  pre-basic  material,  according  to
           generally accepted methods, with a view to maintaining the identity of the variety, including the  relevant  characteristics  of  its
           pomological value, established in accordance with the procedure Ö referred to Õ in Article 21(2), and to preventing disease;

       (ii) which is intended for the production of certified material;

       (iii)      which satisfies the conditions for basic material laid down in the schedule for the species concerned, established pursuant  to
           Article 4, and

       (iv) which, following an official inspection, has been recognized as satisfying the conditions in Ö (i), (ii) and (iii) Õ ;

(e)   certified materials: propagating material and fruit plants:

       (i)  which have been produced either directly or in a known number of stages in a vegetative way from basic material;

       (ii) which satisfy the conditions for certified material laid down in the schedule for the  species  concerned,  established  pursuant  to
           Article 4;

       (iii)      which, following an official inspection, has been recognized as satisfying the conditions Ö (i) and (ii) Õ .

(f)   CAC (Conformitas Agraria Communitatis) material: propagating material and fruit plants satisfying the  minimum  conditions  laid  down  for
       that category relative to the species concerned in the schedule established pursuant to Article 4;

(g)   virus-free (v.f.) material: material which has  been  tested  and  found  free  from  infection  according  to  internationally  recognized
       scientific methods, has been found free from symptoms of  any  virus  or  virus-like  pathogen  by  growing-season  inspection,  has  been
       maintained under conditions ensuring freedom from infection, and is considered to be free from all viruses and virus-like pathogens  known
       in the species concerned occurring in the Community. Material descended vegetatively in direct line in a specific number  of  stages  from
       such material, found free from symptoms of any virus or virus-like pathogen by growing-season  inspection,  and  produced  and  maintained
       under conditions ensuring freedom from infection, shall also be considered to be virus-free.  The  specific  number  of  stages  shall  be
       indicated in the schedule for the species concerned, established pursuant to Article 4;

(h)   virus-tested (v.t.) material: material which has been tested  and  found  free  from  infection  according  to  internationally  recognized
       scientific methods, found free from symptoms of any virus or virus-like pathogen by growing-season inspection, has been  maintained  under
       conditions ensuring freedom from infection, and considered to be free from certain serious viruses and virus-like pathogens known  in  the
       species concerned occurring in the Community and capable of reducing the usefulness of the material. Material  descended  vegetatively  in
       direct line in a specific number of stages from such material, found free from symptoms of any virus or virus-like  pathogen  by  growing-
       season inspection, and produced and maintained under conditions ensuring freedom from infection, shall also be  considered  to  be  virus-
       tested. The specific number of stages shall be indicated in the schedule for the species concerned, established pursuant to Article 4;

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

(j)   marketing: the holding available or in stock, displaying or offering for sale, selling and/or delivering to  another  person,  in  whatever
       form, of propagating material or fruit plants;

(k)   responsible official body

       (i)  the sole and central authority, established or designated by the Member State under the supervison of  the  national  government  and
           responsible for questions concerning quality;

       (ii) any State authority established:

             1. either at national level,

             2. or at regional level, under the supervision of the national authorities, within the limits set by the national legislation of the
                Member State concerned.

      The bodies referred to in (i) and (ii) may, in accordance with their  national  legislation,  delegate  the  tasks  provided  for  in  this
       Directive to be accomplished under their authority and supervision to any legal person, whether governed by public or private law,  which,
       under its officially approved statute, is charged exclusively with specific public functions, provided that such person, and its  members,
       has no personal interest in the outcome of the measures it takes.

      The Member States shall ensure that there is close cooperation between the bodies referred to in (ii) and those referred to in (i).

      Moreover, in accordance with the procedure Ö referred to Õ in Article 21(2), any other  legal  person  established  on  behalf  of  a  body
       referred to in (i) and (ii) and acting under the supervision and the control of such body, may be approved, provided that such person  has
       no personal interest in the outcome of the measures it takes.

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

(l)   official measures: measures taken by the responsible official body;

(m)   official inspection: inspection carried out by the responsible official body;

(n)   official statement: statement issued by or under the responsibility of the responsible official body;

(o)   lot: a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

(p)   laboratory: a body under public or private law carrying out analysis and proper diagnosis, enabling  the  producer  to  monitor  production
       quality.

                                                                    Article 4

1. In accordance with the procedure Ö referred to Õ in Article 21(3), a schedule shall be established in  Annex  I  for  each  genus  or  species
referred to in Annex II, with a reference to the plant health conditions laid down in Directive  Ö 2000/29/EC Õ  applying  to  the  genus  and/or
species concerned and laying down:

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

( Ö b Õ )   the conditions with which pre-basic, basic and certified material must  comply,  relating  to  quality,  plant  health,  the  testing
       methods and procedures applied, the propagation system(s) applied and, except in the case of rootstocks where the material does not belong
       to a variety, to varietal aspects;

( Ö c Õ )   the conditions with which rootstocks and other parts of plants of other genera or species must comply if propagating material of  the
       genus or species concerned is grafted onto them.

2. If in the schedule a reference is made to the  qualification  “virus-free  (v.f.)”  or  “virus-tested  (v.t.)”,  the  viruses  and  virus-like
pathogens concerned shall be mentioned in that schedule.

This provision shall apply mutatis mutandis where reference is made to a qualification concerning freedom  from  or  testing  to  detect  harmful
organisms other than viruses or virus-like pathogens.

No reference shall be made to v.f. or v.t. in respect of the material referred to in Ö point (a) of Õ paragraph 1.

In respect of the material referred to in Ö point (b) of Õ paragraph 1, a reference to the aforementioned  qualifications  shall  be  made  where
such reference is relevant for the genus or species concerned.

                                                                    Article 5

1. Member States shall ensure that suppliers take all necessary measures to guarantee compliance with the standards laid down by  this  Directive
at all stages of the production and marketing of propagating material and fruit plants.

2. For the purposes of paragraph 1, suppliers shall either carry out themselves, or have carried out by an accredited supplier or  a  responsible
official body, checks based on the following principles:

    3. identification of critical points in their production process on the basis of the production methods used,

    4. establishment and implementation of methods for monitoring and checking the critical points referred to in the first indent,

    5. taking samples for analysis in a laboratory accredited by the responsible official body for the purpose of checking  compliance  with  the
       standards established by this Directive,

    6. keeping a written record or a record registered in an indelible fashion, of the data referred to in the first, second and  third  indents,
       as well as records on production and marketing of propagating material and fruit plants, to be held at the  disposal  of  the  responsible
       official body. These documents shall be kept for a period of at least three years.

However, suppliers whose activity in this connection is confined merely to the distribution of propagating material  and  fruit  plants  produced
and packaged on premises other than their own shall be required only to keep a written record or a record registered in an indelible  fashion  of
the buying and selling and/or delivery of propagating material and fruit plants.

This paragraph shall not apply to suppliers whose activity in this connection is confined to  the  supply  of  small  quantities  of  propagating
material and fruit plants to non-professional final consumers.

                                            ê 92/34/EEC (adapted)

3. If the result of their own checks or any information at the disposal of the suppliers referred to in paragraph 1 reveals the presence  of  one
or more of the harmful organisms referred to in Directive Ö 2000/29/EC Õ or, in a quantity greater than that normally allowed  for  in  order  to
meet the standards, of those specified in the relevant schedules established pursuant to Article 4, the suppliers shall immediately  report  this
to the responsible official body and shall carry out the measures indicated by that body or any other measure necessary to  reduce  the  risk  of
such harmful organisms from spreading. The supplier shall keep records of all outbreaks of harmful organisms on his premises and of all  measures
taken in relation to such occurrences.

                                            ê 92/34/EEC (adapted)

4. Detailed rules for the application of the second subparagraph of paragraph 2 shall be adopted in  accordance  with  the  procedure  Ö referred
to Õ in Article 21(2).

                                                                    Article 6

1. The responsible official body shall accredit suppliers once it has  verified  that  their  production  methods  and  establishments  meet  the
requirements of this Directive with regard to the nature of the activities they carry out. The  accreditation  must  be  renewed  if  a  supplier
decides to carry out activities other than those for which he has received accreditation.

2. The responsible official body shall accredit laboratories once it has verified that those laboratories, their  methods,  their  establishments
and their staff, meet the requirements of this Directive, to be specified according to the procedure  Ö referred  to Õ  in  Article  21(2),  with
regard to the testing activities they carry out. The accreditation must be renewed if a laboratory decides to carry  out  activities  other  than
those for which it has received accreditation.

3. The responsible official body shall take the necessary measures if the requirements referred to in paragraphs 1 and 2  cease  to  be  met.  To
this end, it shall take particular account of the conclusions of any check carried out in accordance with Article 7.

4. The supervision and monitoring of suppliers, establishments and laboratories shall be carried out regularly by or under the responsibility  of
the responsible official body, which shall at all times have free access to all parts of establishments, in order to ensure compliance  with  the
requirements of this Directive. Implementing measures concerning supervision and monitoring shall be adopted, as necessary,  in  accordance  with
the procedure Ö referred to Õ in Article 21.

If such supervision and monitoring reveal that the requirements of this Directive are not being met, the responsible  official  body  shall  take
appropriate action.

                                                                    Article 7

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

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

                                                                    Article 8

1. Propagating material or fruit plants may be marketed only by accredited suppliers, and provided Ö that Õ they meet the requirements laid  down
for CAC material in the schedule referred to in Article 4.

2. Pre-basic, basic and certified material may not be certified unless it belongs to a variety referred to in point (a)  of  Article  9  (2)  and
unless it meets the requirements for the category concerned laid down in the schedule referred to in Article 4. The category shall  be  indicated
on the official document referred to in Article 11.

With regard to the varietal aspect, in the schedule to be drawn up in accordance with Article 4 provision  may  be  made  for  an  exemption  for
rootstocks where the material does not belong to a variety.

3. Without prejudice to the provisions of Directive Ö 2000/29/EC Õ , paragraphs Ö 1 and 2 Õ shall not apply  to  propagating  material  or  fruit
plants intended for:

(a)   trials or scientific purposes; or

(b)   selection work; or

(c)   measures for the conservation of genetic diversity.

4. Detailed rules for the application of points (a) Ö , Õ  (b) Ö and (c) of paragraph 3 Õ shall be adopted, as necessary, in accordance with  the
procedure Ö referred to Õ in Article 21(2).

                                                                    Article 9

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

2. The varieties to which reference shall be made pursuant to paragraph 1 must be:

( Ö a Õ )   either commonly known, and protected in accordance with the provisions on the protection of new varieties of  plants,  or  officially
       registered on a voluntary or other basis;

( Ö b Õ )   or entered on lists kept by the suppliers, with  their  detailed  descriptions  and  relevant  denominations.  These  lists  must  be
       available, upon request, to the responsible official body of the Member State concerned.

Each variety shall be described and, as far as possible,  bear  the  same  denomination  in  all  Member  States,  in  accordance  with  accepted
international guidelines.

3. Varieties may be officially registered if they have been found to  satisfy  certain  officially  approved  conditions  and  have  an  official
description. They may also be officially registered if their material has been marketed in the territory of the Member State concerned  prior  to
1 January 1993, provided that they have an official description. In the latter case the registration shall expire not later than  30  June  2000,
unless by that date the varieties in question have been:

    7. either confirmed, in accordance with the procedure laid down in Article 21 Ö (2) Õ ,  with  a  detailed  description  if  they  have  been
       officially registered in at least two Member States,

    8. or registered in accordance with the first sentence.

4. Except where the varietal aspect is explicitly mentioned in the schedules referred to in Article 4, paragraphs (1) and (2)  shall  not  entail
any extra responsibility for the responsible official body.

5. Requirements for the official registration referred to in point (a) of paragraph 2 shall be  established  in  accordance  with  the  procedure
Ö referred to Õ in Article 21(2), taking into account current scientific and technical knowledge and covering:

(a)   the conditions of official acceptance, which may include, in particular, distinctness, stability and sufficient uniformity;

(b)   the characteristics which as a minimum the examinations of the various species must cover;

(c)   the minimum requirements for carrying out the examinations;

(d)   the maximum period of validity of the official acceptance of a variety.

6. In accordance with the procedure Ö referred to Õ in Article 21(2):

(a)   a system for the notification of varieties or species or interspecific hybrids to the responsible official bodies of the Member States  may
       be set up,

(b)   additional implementing provisions for point (b) of paragraph 2 may be adopted,

(c)   it may be decided that a common catalogue of varieties may be established and published.

                                                                    Article 10

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

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

3. Member States shall ensure compliance with the requirements referred to in paragraphs 1 and 2 by carrying out official inspections.

                                                                    Article 11

Without prejudice to Article 10 (2), propagating material and fruit plants shall be marketed only in sufficiently homogeneous lots  and  if  they
are:

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

(b)   qualified as pre-basic, basic or certified material, and certified as such  by  the  official  responsible  body  in  accordance  with  the
       conditions laid down in the schedule referred to in Article 4.

      Requirements in respect of propagating material and/or fruit plants with  regard  to  labelling  and/or  sealing  and  packaging  shall  be
       indicated in the schedule referred to in Article 4.

In the case of retail supply of propagating material or fruit plants to a non-professional final consumer, requirements regarding  labelling  may
be confined to appropriate product information.

                                                                    Article 12

1. Member States may exempt:

(a)   from the application of Article 11, small producers all of whose production and sales of propagating material and fruit plants is  intended
       for final use by persons on the local market who are not professionally involved in plant production (“local circulation”),

(b)   from the checks and official inspections provided for in Article 18, the local  circulation  of  propagating  materials  and  fruit  plants
       produced by such exempt persons.

2. In accordance with the procedure Ö referred to Õ in Article 21(2),  implementing  measures  relating  to  other  requirements  concerning  the
exemptions referred to in Ö paragraph 1 of this Article Õ , in particular as regards the concepts of “small producers” and  “local  market”,  and
to the related procedures, shall be adopted.

                                                                    Article 13

In the event of temporary difficulties in the supply of propagating material and fruit plants satisfying  the  requirements  of  this  Directive,
measures may be adopted, in accordance with the procedure Ö referred to Õ in Article 21(2), concerning the marketing of propagating material  and
fruit plants meeting less stringent requirements, without prejudice to the plant-health rules laid down in Directive Ö 2000/29/EC Õ .

                                                                    Article 14

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

                                                                    Article 15

As regards the products referred to in Annex II Member States shall refrain from imposing more stringent  conditions  or  marketing  restrictions
other than the conditions laid down in the schedules referred to in Article 4 or those obtaining Ö on 28 April 1992 Õ , as the case may be.

                                                                    Article 16

1. In accordance with the procedure Ö referred to Õ in Article 21(2), it shall be decided whether propagating material and fruit plants  produced
in a third country and affording the same guarantees as regards obligations on the supplier, identity,  characteristics,  plant  health,  growing
medium, packaging, inspection arrangements, marking and sealing, are equivalent in all these respects to propagating material  and  fruit  plants
produced in the Community and complying with the requirements and conditions of this Directive.

                                            ê 92/34/EEC (adapted)
                                            è1 2002/112/EC Art. 1

2. Pending the decision referred to in paragraph 1, Member States may, until è1 31 December 2004 ç, and without prejudice to  the  provisions  of
Directive Ö 2000/29/EC Õ , apply to the import of propagating material and fruit plants from third countries conditions at  least  equivalent  to
those indicated, on a temporary or permanent basis, in the schedules adopted pursuant to Article 4. If such conditions are not laid down  in  the
schedules, the conditions for importation must be at least equivalent to those applicable to production in the Member State concerned.

In accordance with the procedure Ö referred to Õ in Article 21(2), the date referred to in the first subparagraph  may,  for  the  various  third
countries, be extended pending the decisions referred to in paragraph 1.

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

                                                                    Article 17

Member States shall ensure that propagating material and fruit plants are officially inspected during production and  marketing,  and  by  random
checks in the case of CAC material, to verify compliance with the requirements and conditions set out in this Directive.

                                                                    Article 18

Detailed rules for implementing the controls provided for in Article 5 and for the official inspection  provided  for  in  Articles  10  and  17,
including sampling methods, shall be adopted in accordance with the procedure Ö referred to Õ in Article 21(2).

                                                                    Article 19

1. If, during the supervision and monitoring provided for in Article 6 (4), the official inspection referred to in  Article  17,  or  the  trials
referred to in Article 20, it is found that propagating material or fruit plants do not meet the requirements of this Directive, the  responsible
official body of the Member State shall take appropriate action to ensure that they do comply with the provisions of this Directive or,  if  that
is not possible, to ban the marketing of that propagating material or those fruit plants in the Community.

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

3. Any measures taken under paragraph 2 shall be withdrawn as soon as it has been established with  sufficient  certainty  that  the  propagating
material or fruit plants intended for marketing by the supplier will, in the  future,  comply  with  the  requirements  and  conditions  of  this
Directive.

                                            ê 2003/61/EC, Art. 1 pt. 5 (adapted)

                                                                    Article 20

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

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

       – propagating material or fruit plants produced in third countries,

       – propagating material or fruit plants suitable for organic farming,

       – propagating material or fruit plants marketed in relation to measures for the conservation of genetic diversity.

3. These comparative tests and trials shall be used to harmonise the technical methods of examination of propagating material  and  fruit  plants
and to check satisfaction of the conditions with which the material must comply.

4. The Commission, acting in accordance with the procedure referred  to  in  Article  21(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  21(2)  about  the  technical
arrangements for holding the tests and trials and the results thereof. When  plant  health  problems  occur,  the  Commission  shall  notify  the
Standing Committee on Plant Health.

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

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

6. The tests and trials which may benefit from a Community financial contribution,  and  detailed  rules  for  the  provision  of  the  financial
contribution, shall be established in accordance with the procedure Ö referred to Õ in Article 21(2).

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

                                            ê 806/2003 Art. 2 and Annex II pt. 7 (adapted)

                                                                    Article 21

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

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

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

                                            ê 806/2003 Art. 2 and Annex III, pt. 28 (adapted)

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

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

                                            ê 806/2003 Art. 2 and Annex III pt. 7

4. The Committee shall adopt its Rules of Procedure.

                                            ê 92/34/EEC (adapted)

                                                                    Article 22

Amendments to the schedules established pursuant to Article 4 and to the conditions and detailed rules adopted for  the  implementation  of  this
Directive shall be adopted in accordance with the procedure Ö referred to Õ in Article 21.

                                                                    Article 23

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

2. If it is found, during an official inspection, that propagating material or fruit plants cannot be marketed because they fail to  comply  with
a condition relating to plant health, the Member State concerned shall take appropriate official measures  to  eliminate  any  consequent  plant-
health risk.

                                                                    Article 24

Within five years from Ö 28 April 1992 Õ , the Commission shall examine the results of its application  and  submit  to  the  Council  a  report,
accompanied by any necessary proposals for amendments.

Article 25

As far as Articles 5 to 11, 14, 15, 17, 19 and 23 are concerned, the date of application for each genus or species referred to in Annex II  shall
be fixed in accordance with the procedure Ö referred to Õ in Article 21(2), when the schedule referred to in Article 4 is drawn up.

                                            ê .

                                                                    Article 26

Directive 92/34/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without prejudice to the obligations of the  Member  States
relating to the time-limits for transposition into national law and application of the acts set out in Annex III, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table in Annex IV.

                                                                    Article 27

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

                                            ê 92/34/EEC Article 27

                                                                    Article 29

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 92/34/EEC

                                                                     ANNEX I

                                                Schedules referred to in accordance with Article 4

                                                                   ____________

                                            ê 2003/111/EC Art. 1

                                                                     ANNEX II

                                            List of genera and species to which this Directive applies

Castanea sativa Mill.

Citrus L.

Corylus avellana L.

Cydonia oblonga Mill.

Ficus carica L.

Fortunella Swingle

Fragaria L.

Juglans regia L.

Malus Mill.

Olea europaea L.

Pistacia vera L.

Poncirus Raf.

Prunus amygdalus Batsch

Prunus armeniaca L.

Prunus avium (L.) L.

Prunus cerasus L.

Prunus domestica L.

Prunus persica (L.) Batsch

Prunus salicina Lindley

Pyrus L.

Ribes L.

Rubus L.

Vaccinium L.

                                                                   ____________

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 27)

|Council Directive 92/34/EEC                                                        |                                               |
|(OJ L 157, 10.6.1992, p. 10)                                                       |                                               |
|Commission Decision 93/401/EEC                                                      |                                               |
|(OJ L 177, 21.7.1993, p. 28)                                                        |                                               |
|Commission Decision 94/150/EC                                                       |                                               |
|(OJ L 66, 10.3.1994, p. 31)                                                         |                                               |
|Commission Decision 95/26/EC                                                        |                                               |
|(OJ L 36, 16.2.1995, p. 36)                                                         |                                               |
|Commission Decision 97/110/EC                                                       |                                               |
|(OJ L 39, 8.2.1997, p. 22)                                                          |                                               |
|Commission Decision 1999/30/EC                                                      |                                               |
|(OJ L 8, 14.1.1999, p. 30)                                                          |                                               |
|Commission Decision 2002/112/EC                                                     |                                               |
|(OJ L 41, 13.2.2002, p. 44)                                                         |                                               |
|Council Regulation (EC) No 806/2003                                                 |Only point 7 of Annex II and point 28 of Annex |
|(OJ L 122, 16.5.2003, p. 1                                                          |III                                            |
|Council Directive 2003/61/EC                                                        |Only Article 1(5)                              |
|(OJ L 165, 3.7.2003, p. 23)                                                         |                                               |
|Commission Directive 2003/111/EC                                                    |                                               |
|(OJ L 311, 27.11.2003, p. 12)                                                       |                                               |

                                                                      Part B

                                     List of time-limits for transposition into national law and application
                                                           (referred to in Article 27)

|Directive                                    |Time-limit for transposition                 |Date of application                          |
|92/34/EEC                                    |31 December 1992                             |31 December 1992[11]                         |
|2003/61/EC                                   |10 October 2003                              |                                             |
|2003/111/EC                                  |31 October 2004                              |                                             |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Directive 92/34/EEC                                                  |This Directive                                                       |
|Articles 1 - 3                                                       |Articles 1 – 3                                                       |
|Article 4(1), points (i), (ii) and (iii)                             |Article 4(1), points (a), (b) and (c)                                |
|Article 4(2)                                                         |Article 4(2)                                                         |
|Articles 5 - 8                                                       |Articles 5 – 8                                                       |
|Article 9(1)                                                         |Article 9(1)                                                         |
|Article 9(2), points (i) and (ii)                                    |Article 9(2), points (a) and (b)                                     |
|Article 9(3-6)                                                       |Article 9(3-6)                                                       |
|Articles 10 - 25                                                     |Articles 10 – 25                                                     |
|Article 26(1)                                                        |-                                                                    |
|Article 26(2)                                                        |Article 26                                                           |
|-                                                                    |Articles 27 – 28                                                     |
|Article 27                                                           |Article 29                                                           |
|Annexes I - II                                                       |Annexes I – II                                                       |
|-                                                                    |Annexes III – IV                                                     |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   [Entered in the legislative programme for … ] [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].
[4]   Annex III, Part A of this proposal.
[5]   OJ C […] .
[6]   OJ  C […]
[7]   OJ L  157, 106.1992, p. 10. Ö Directive as last amended by Commission Directive 2003/111/EC (OJ L 311, 27.11.2003, p. 12). Õ
[8]   See Annex III, Part A.
[9]   Ö OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2004/31/EC (OJ L 85.23.3.2004, p. 18) Õ
[10]  OJ L 184, 17.7.1999, p. 23.
[11]  As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex  II
      shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4  is  drawn  up  (See
      Article 26(2) of Directive 92/34/EEC).