CELEX: 51989PC0650
Language: en
Date: 1990-02-06
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE MARKETING OF ORNAMENTAL PLANT PROPAGATING MATERIAL AND ORNAMENTAL PLANTS

No C 52/16                              Official Journal of the European Communities                                   3. 3. 90
                                                                II
                                                         (Preparatory Acts)
                                                   COMMISSION
               Proposal for a Council Regulation (EEC) on the marketing of ornamental plant propagating
                                                  material and ornamental plants
                                                        COM(89) 650 final
                                     (Submitted by the Commission on 21 December 1989)
                                                           (90/C 52/10)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas, so far as they relate to plant health, such
                                                                     harmonized conditions must be coherent with the
                                                                     provisions of Council Directive 77/93/EEC of 21
Having regard to the Treaty establishing the European                December 1976 on protective measures against the intro-
Economic Community, and in particular Article 43                     duction into the Member States of organisms harmful to
thereof,                                                             plants or plant products (*), as last amended by Directive
                                                                     89/439/EEC( 2 );
Having regard to the proposal from the Commission,
                                                                     Whereas, for seed of certain genera and species of
                                                                     ornamental plant, harmonized conditions have already
Having regard        to  the   opinion    of   the  European
                                                                     been established by Council Directive 66/604/EEC of 14
Parliament,
                                                                     June 1966 on the marketing of forest reproductive
                                                                     material (3),   as    last     amended     by    Directive
                                                                     88/332/EEC ( 4 ); whereas, to the extent that such seed is
Having regard to the opinion of the Economic and
                                                                     covered by that Directive, it should not be subject to the
Social Committee,
                                                                     Community rules contained herein;
Whereas the production of ornamental plants occupies
an important place in the agriculture of the Community;              Whereas it is appropriate initially to establish
                                                                     Community rules for those genera and species of
                                                                     ornamental plant which are of major economic
Whereas satisfactory results in the cultivation of                   importance in the Community, with a Community
ornamental plants depend to a large extent on the quality            procedure for adding further genera and species later;
and health of the material used for their propagation and
of the plants themselves; whereas certain Member States
have in consequence introduced rules intended to                    Whereas it is not appropriate to apply the Community
guarantee the quality and health of propagating material             rules to propagating material and ornamental plants
and ornamental plants placed on the market;                          shown to be intended for export to third countries, as
                                                                     the rules applicable there may be different from those
                                                                     contained in this Regulation;
Whereas the different treatment accorded to propagating
material and ornamental plants in different Member
States is likely to create barriers to trade and thus hinder         Whereas the determination of plant health and quality
the free movement of these goods within the                          standards for each genus and species of ornamental plant
Community; whereas with a view to achieving the Single               requires lengthy and detailed technical and scientific
Market, these barriers should be removed, by setting up              consideration; whereas a procedure should accordingly
Community provisions to replace those laid down by the               be established for the determination of these;
Member States;
Whereas the establishment of harmonized conditions at
Community level will ensure that purchasers throughout               0) OJ No L 26, 31. 1. 1977, p. 20.
the Community receive propagating material and                       (2) OJ No L 212, 22. 7. 1989, p. 106.
ornamental plants which are healthy and of good                      (3) OJ No 125, 11. 7. 1966, p. 2326/66.
quality;                                                             (4) OJ No L 151, 17. 6. 1988, p. 82.
 ---pagebreak--- 3. 3. 90                              Official Journal of the European Communities                            No C 52/17
Whereas requirements should be imposed on suppliers             Whereas, in order to harmonize technical methods of
with a view to proper production and conservation, and          examination used in the Member States, and to compare
adequate monitoring by Member States, of propagating            propagating material and ornamental plants produced in
material and ornamental plants;                                 the Community with those produced in third countries,
                                                                comparative trials should be carried out to check
                                                                compliance of propagating material and ornamental
Whereas, in principle, propagating material and                 plants with the requirements of this Regulation;
ornamental plants should be marketed only if they have
been found by official examination to meet stringent
plant health and quality standards;                             Whereas, in order to facilitate the effective operation of
                                                                this Regulation, the Commission should be entrusted
                                                                with the task of adopting measures for its implemen-
Whereas, although it would be desirable to restrict             tation and for the amendment of its Annexes; whereas
marketing of propagating material and ornamental plants         such measures should be adopted by a procedure
to those meeting the abovementioned standards, this is at       involving close cooperation between the Commission and
present impossible as Community demand could not then           the Member States within the Standing Committee on
be satisfied; whereas, therefore, for transitional periods      Seeds and Propagating Material for Agriculture, Horti-
only, the marketing of examined classified material             culture and Forestry, established by Council Decision
having sufficient varietal identity and varietal purity and     66/399/EEC (*) and the Standing Committee on Plant
meeting less stringent plant health standards should be         Health,       established      by    Council      Decision
allowed;                                                        76/894/EEC (2),
Whereas, so that Community producers can take                   HAS ADOPTED THIS REGULATION:
advantage of good varieties produced by systematic plant
selection work, Member States should, as far as prac-
ticable, compile national catalogues of the varieties of                                  Article 1
ornamental plant officially accepted for certification,         1.    This Regulation applies to ornamental plant propa-
examination as classified plants and marketing in their         gating material and ornamental plants intended for
territory; whereas there should be provision for                ornamental purposes, marketed within the Community.
harmonizing conditions of official acceptance and for           Seeds of genera or species listed both in Article 1 (2) of
the possible establishment of a common catalogue of             this Regulation and in Article 2 (1) of Directive
varieties of ornamental plant species;                          66/404/EEC shall be subject to the provisions of this
                                                                Regulation only to the extent that Member States have
                                                                provided for derogations pursuant to Article 4 (2) (c) of
Whereas, in order to ensure the identity and orderly            Directive 66/404/EEC.
marketing of propagating material and ornamental
plants, Community rules must be laid down concerning
separation of lots, packing, sealing and marking;               2.    The following genera and species shall be subject to
whereas the labels should give the particulars needed           the rules laid down in Articles 3 to 13, 14 (2), 15 to 19
both for official control and for the information of the        and 23:
grower;
                                                                — Acerpseudoplatanus L. (sycamore),
Whereas rules should be established permitting, in the          — Begonia x biemalis Fotsch (Elatior begonia),
case of temporary supply difficulties, the marketing of
propagating material and ornamental plants subject to           — Chrysanthemum L. (chrysanthemum),
requirements less stringent than those contained in this
Regulation;
                                                                — Dianthus L. (carnation),
Whereas as a first step towards harmonized conditions,          — Fraxinus excelsior L. (ash),
Member States should be prohibited from imposing new
conditions or marketing restrictions on propagating             — Lilium L. (lily),
material or ornamental plants, other than those provided
for in this Regulation;                                         — Pelargonium peltatum hort. non (L.) L'Herit. ex Ait,
                                                                    and hybrids,
Whereas provision should be made for authorizing the            — Pelargonium zonale hort. non (L.) L'Herit. ex Ait, and
marketing within the Community of propagating                       hybrids,
material and ornamental plants produced in third
countries, provided always that they afford the same
assurances as propagating material and ornamental
plants produced in the Community and complying with             (') OJ No 125, 11. 7. 1966, p. 2289/66.
Community rules;                                                O OJ No L 340, 9. 12. 1976, p. 25.
 ---pagebreak--- No C 52/18                              Official Journal of the European Communities                                       3. 3. 90
— Pinus nigra Arnold,                                                  (iii) which satisfies the conditions for propagating
                                                                             stock, laid down in the Schedule for the genus
— Populus L. (poplar),                                                       or species concerned established pursuant to
                                                                             Article 4, and
— Thuja occidentalis L. (white cedar).
                                                                       (iv) which has been found by official examination to
Rootstocks of other genera or species shall also be                          satisfy the abovementioned conditions.
subject to the abovementioned rules if material of one of
the above genera or species is grafted onto them.                 (e) Certified plants: ornamental plants
3.     Amendments to the list of genera and species in                   (i) which have been obtained directly from propa-
paragraph 2 shall be adopted in accordance with the                          gating stock;
procedure laid down in Article 20.
                                                                        (ii) which satisfy the conditions for certified plants
                            Article 2                                        laid down in the Schedule for the genus or
                                                                             species concerned, established pursuant to
This Regulation shall not apply to ornamental plant                          Article 4, and
propagating material or ornamental plants shown to be
intended for export to third countries.                                (iii) which have been found by official examination
                                                                             to satisfy the abovementioned conditions.
                            Article 3
                                                                  (f) Supplier: any natural or legal person who transfers
For the purposes of this Regulation, the following defi-               ownership of propagating material or ornamental
nitions shall apply:                                                   plants, including producers and traders.
(a) Propagating material: seeds of ornamental plants and          (g) Measures are 'official' if taken
     any ornamental plant material, other               than
     ornamental plants, which reproduces the plants vege-                (i) by State authorities, or
     tatively.
                                                                        (ii) by any legal person whether governed by public
(b) Ornamental plants: plants which, or, in the case of                      or by private law, acting under the responsibility
     grafted plants, the elements of which, were raised                      of the State, or
     directly from seeds or from vegetative reproduction
     material, and which are intended to be planted or                 (iii) in the case of ancillary activities which are also
     replanted after marketing, for ornamental purposes.                     subject to State control, by any natural person
                                                                             duly authorized for that purpose,
(c) Nuclear stock: propagating material
                                                                       provided that the persons mentioned under points (ii)
       (i) which has been produced under the responsi-                 and (iii) have no personal interest in the outcome of
           bility of the breeder according to accepted                 such measures.
           practices for the maintenance of the variety and
           of health;                                                                         Article 4
      (ii) which is intended for the production of propa-         1.     In accordance with the procedure laid down in
           gating stock;                                          Article 20, a Schedule shall be established for each genus
                                                                  or species referred to in Article 1 (2), containing the
     (iii) which satisfies the conditions for nuclear stock,      conditions with which nuclear stock, propagating stock,
           laid down in the Schedule for the genus or             certified plants and, for as long as their marketing is
           species concerned, established pursuant to             permitted pursuant to Article 7, classified plants must
           Article 4, and                                         comply, in particular those relating to harmful
                                                                  organisms, to the growing crop and to varietal identity
     (iv) which has been found by official examination to         and varietal purity.
           satisfy the abovementioned conditions.
                                                                  The Schedule may contain conditions with which root-
(d) Propagating stock: propagating material                       stocks of other genera or species must comply if material
                                                                  of the genus or species concerned is grafted onto them.
       (i) which has been obtained directly from nuclear
           stock or is descended vegetatively in a known          2.     Rules for carrying out the official examinations
           number of stages from nuclear stock;                   referred to in Article 3 (c) (iv), 3 (d) (iv), 3 (3) (iii) and 7
                                                                   (1) (c), including sampling methods may be established
      (ii) which is intended for the production of propa-         in accordance with the procedure laid down in Article
           gating stock or ornamental plants;                     21.
 ---pagebreak--- 3. 3. 90                                 Official Journal of the European Communities                              No C 52/19
                            Article 5                               2.    The dates referred to in paragraph 1 shall be no
                                                                    longer than 10 years after the dates decided for the
 1.    Suppliers of propagating material and ornamental
                                                                    relevant genus or species pursuant to Article 24 (2).
plants shall comply with the requirements laid down in
Annex I.
                                                                                              Article 8
2.     Member States shall ensure compliance with the
requirements referred to in paragraph 1 by carrying out             Member States may
official check inspections.
                                                                    (a) dispense with official certification of propagating
                                                                        material or ornamental plants and with official
                            Article 6                                   examination of classified plants of any genus or
1.     Propagating material shall not be placed on the                  species not normally grown in their territory;
market
                                                                   (b) during a transitional period of not more than five
— unless it satisfies the relevant conditions laid down in              years after the date of application for a particular
    the Schedule for the genus or species concerned                     genus or species of Articles 5 to 9, 11, 12, 14 (2), 15,
    established pursuant to Article 4,                                  17, 18 and 23, treat propagating material of that
                                                                        genus or species which has been used, before that
— unless it has been officially certified as 'nuclear stock'            date, for establishing propagating nurseries, as equi-
    or 'propagating stock', and                                         valent to propagating          material   certified   in
                                                                        accordance with the provisions of this Regulation if,
                                                                        before being used, it afforded the same assurances as
2.     Subject to Article 7, ornamental plants shall not be
                                                                        propagating material certified in accordance with
placed on the market
                                                                        those provisions.
— unless they satisfy the relevant conditions laid down
    in the Schedule for the genus or species concerned                                       Article 9
    established pursuant to Article 4, and
                                                                    1.    Propagating material and ornamental plants shall
— unless they have been officially certified as 'certified         not be certified in any of the categories referred to in
    plants'.                                                       Article 6 (1) or 6 (2), examined as classified plants, or
                                                                   marketed unless their variety is officially accepted in one
                                                                   or more Member States. Member States shall notify the
3.     Paragraphs 1 and 2 shall not apply to
                                                                   other Member States and the Commission of the
                                                                   conditions of acceptance and the acceptance procedures.
(a) propagating material of an earlier stage of multipli-
     cation than nuclear stock;
                                                                   2.     Each Member State shall establish one or more
(b) propagating material or ornamental plants intended             catalogues of the varieties officially accepted for certifi-
     for tests or for scientific purposes;                         cation, examination as classified plants and marketing in
                                                                   its territory. Any person may consult the catalogues.
(c) propagating material or ornamental plants intended
     for selection work.
                                                                   3.    Member States shall ensure that varieties coming
                                                                   from other Member States are subject to the same
                            Article 7                              requirements as regards official acceptance as domestic
                                                                   varieties.
1.     Notwithstanding Article 6 and for transitional
periods expiring on dates to be established in accordance
with the procedure laid down in Article 20, ornamental             4.     When lodging an application for official acceptance
plants may be placed on the market as 'classified plants'.         of a variety, applicants shall indicate whether acceptance
Such plants shall                                                  has already been applied for in another Member State,
                                                                   which Member State was concerned, and whether the
(a) have sufficient varietal identity and varietal purity;         application was granted.
(b) be free from the harmful organisms listed for                  5.     Member States shall arrange for official publication
     classified plants in the Schedule to be established for       of the catalogue of varieties accepted in their territory.
     the genus or species concerned pursuant to Article 4          They shall also compile a file on each variety accepted,
     and satisfy any other conditions laid down for                containing a description of the variety and a clear
     classified plants therein, and                                summary of all the facts on which acceptance was based.
(c) have been found by official examination, including,
     where appropriate, inspection during the growing              6.     Any application or withdrawal of an application for
     season, to satisfy the abovementioned conditions.             acceptance of a variety, any entry in a catalogue of
 ---pagebreak--- No C 52/20                             Official Journal of the European Communities                                       3. 3. 90
varieties and any amendment to an entry shall be notified         (iv), (d) (iv), (e) (iii) or 7 (1) (c), as the case may be. The
forthwith to the other Member States and the                     label shall be in one of the official languages of the
Commission.                                                      Community and shall satisfy the conditions laid down in
                                                                 Annex II. The label shall be attached at the same time as
7.     The following may be established in accordance            the seal. The colour of the label shall be white for
with the procedure laid down in Article 21, account              nuclear stock, blue for propagating stock, orange for
being taken of current scientific and technical                  certified plants and brown for classified plants.
knowledge:
(a) the conditions of official acceptance, which may
     include, in particular, distinctness, stability and         4.      Member States shall ensure compliance with the
     sufficient uniformity;                                      requirements referred to in paragraphs 2 and 3 by
                                                                 carrying out official check inspections before the propa-
(b) the characteristics to be covered as a minimum by            gating material or ornamental plants are placed on the
     the examination of the various species;                     market.
(c) the minimum requirements for carrying out the
     examinations;
                                                                 5.      Small quantities of propagating material or
(d) the maximum period of validity of the             official   ornamental plants delivered to a final grower in the same
     acceptance of a variety.                                    local administrative area as the supplier or in an
                                                                 adjoining local administrative area shall be exempt from
8.     A common catalogue of varieties of ornamental             the provisions of paragraphs 1, 2 and 3.
species may be established on the basis of the national
catalogues of the Member States. Provisions regarding
the compilation and publication of the common                                                  Article 13
catalogue may be adopted in accordance with the
procedure laid down in Article 21.                               Rules may be adopted in accordance with the procedure
                                                                 laid down in Article 20 concerning the marketing of
                         Article 10                              propagating material and ornamental plants subject to
                                                                 requirements less stringent than those of this Regulation,
Derogations for certain genera or species from some or           in case of temporary difficulties in the supply of propa-
all of the provisions of Article 9 (1) to 6, may be decided      gating material or ornamental plants satisfying the said
in accordance with the procedure of Article 21, at the           requirements.
time of adoption of the corresponding Schedule pursuant
to Article 4.
                                                                                               Article 14
                          Article 11
                                                                  1.     Subject to Article 15, Member States shall not
1.     While growing and during lifting or removal from          impose on propagating material or ornamental plants of
the parent material, packaging, storage and trans-               any genus or species any conditions or marketing
portation, propagating material and ornamental plants            restrictions additional to or more stringent than those
shall be kept in separate lots.                                  existing on the day of entry into force of this Regulation
                                                                 other than those provided for herein.
2.     Member States shall ensure compliance with the
requirements referred to in paragraph 1 by carrying out
official check inspections.
                                                                 2.      Propagating material and ornamental plants which
                                                                 comply with the requirements and conditions of this
                          Article 12                              Regulation and the rules adopted for its implementation
 1.    Propagating material and ornamental plants shall           shall be subject to no marketing restrictions as regards
be marketed only in sufficiently homogeneous lots and in          supplier's obligations, variety, characteristics, plant
packages or bundles sealed and marked as prescribed in            health, growing medium, packaging, examination
paragraphs 2 and 3. Ornamental plants shall be marked             arrangements, marking or sealing other than those laid
 individually.                                                    down in this Regulation or in the said rules.
 2.    Packages and bundles of propagating material and
ornamental plants shall be sealed officially or under                                          Article 15
official supervision so that where the package or bundle
is opened the seal is damaged and cannot be re-attached.          Member States may impose:
 3.    The person responsible for sealing shall affix on the
outside of the package or bundle of propagating material          — requirements additional to, or more stringent than,
or on individual ornamental plants a label attesting                   those laid down in Annex I on suppliers established
compliance with the condition laid down in Article 3 (c)               in their own territory, and
 ---pagebreak---  3. 3. 90                              Official Journal of the European Communities                             No C 52/21
 — conditions additional to, or more stringent than,              2.    Any measures taken under paragraph 1 shall be
     those laid down in the Schedules established pursuant        withdrawn as soon as it has been established with
     to Article 4 on propagating material and ornamental          adequate certainty that the propagating material or
     plants produced in their own territory.                      ornamental plants intended for marketing by the supplier
                                                                  will, in future, comply with the said requirements and
                                                                  conditions.
                          Article 16
                                                                                           Article 19
 1.     In accordance with the procedure laid down in
 Article 20 it shall be determined whether propagating            1.    Trials, including tests, where appropriate, shall be
 material and ornamental plants produced in a third               carried out in the Member States on samples to check
 country, and affording the same assurance as regards             the compliance of propagating material and ornamental
 supplier's obligations, variety, characteristics, plant          plants with the requirements and conditions of this
 health, growing medium, packaging, examination                   Regulation, including those relating to plant health. The
 arrangements, marking and sealing, are equivalent in             Commission may organize inspections of the trials by
these respects to propagating material and ornamental             representatives of the Member States and of the
plants produced in the Community and complying with               Commission.
the requirements and conditions of this Regulation.
                                                                  2.    Community trials, including tests, may also be
                                                                 carried out for the same purpose. The Commission may
2.     Until a decision has been taken under paragraph 1,        organize inspections of Community trials by represen-
Member States may take such decisions themselves,                tatives of the Member States and of the Commission.
subject always to the provisions of Directive 77/93/EEC.
This right shall expire on 1 January 1993.
                                                                 3.     The trials referred to in paragraphs 1 and 2 shall,
                                                                 during a first stage, be used to harmonize technical
                                                                 methods of examination of propagating material and
In accordance with the procedure laid down in Article            ornamental plants. As soon as this aim is achieved annual
20, this period may be extended for third countries if           progress reports shall be made on the trials and sent in
and for as long as the available information does not            confidence to the Member States and to the
permit a determination under paragraph 1.                        Commission.
                                                                 4.    The Commission shall ensure that, in appropriate
Propagating material and ornamental plants imported by           cases, arrangements for coordinating, carrying out and
a Member State in accordance with a decision taken by            inspecting the trials referred to in paragraphs 1 and 2,
that Member State pursuant to the first sub-paragraph            and assessing their results, are made within the Joint
shall be subject to no marketing restrictions as regards         Standing Committee referred to in Article 20. If
the matters referred to in paragraph 1 in other Member           necessary, specific arrangements shall be adopted in
States.                                                          accordance with the procedure laid down in Article 21.
                                                                 Propagating material and ornamental plants produced in
                                                                 third countries may be included in the trials.
                          Article 17
Member States shall ensure that propagating material                                       Article 20
and ornamental plants are officially controlled during           Where the procedure laid down in this Article is to be
marketing, at least by check sampling, to verify                 followed, the Commission shall be assisted by the
compliance with the requirements and conditions of this          Standing Committee on Seeds and Propagating Material
Regulation. Official controls shall not be carried out at        for Agriculture, Horticulture and Forestry, and the
borders between Member States.                                   Standing Committee on Plant Health, both hereafter
                                                                 called 'the Joint Standing Committee', chaired by a
                                                                 representative of the Commission.
                          Article 18
                                                                 The representative of the Commission shall submit to the
 1.    If, during the official examinations referred to in       Joint Standing Committee a draft of the measures to be
Article 3 or 7 (1) (c), the official control referred to in      taken. The Joint Standing Committee shall deliver its
Article 17 or the trials referred to in Article 19, it is        opinion on the draft within a time limit which the
repeatedly found        that propagating       material  or      chairman may lay down according to the urgency of the
ornamental plants marketed by a particular supplier do           matter. The opinion shall be delivered by the majority
not comply with the requirements and conditions of this          laid down in Article 148 (2) of the Treaty in the case of
Regulation, the Member State concerned shall ensure              decisions which the Council is required to adopt on a
that for a specified period the supplier is forbidden to         proposal from the Commission. The votes of the rep-
market propagating material or ornamental plants.                resentatives of the Member States within the Joint
 ---pagebreak--- No C 52/22                                Official Journal of the European Communities                                          3. 3. 90
Standing Committee shall be weighted in the manner set                                                Article 22
out in that Article. The chairman shall not vote.
                                                                            1.   Amendments to the Schedules established pursuant
                                                                           to Article 4 shall be adopted in accordance with the
The Commission shall adopt measures which shall apply
                                                                           procedure laid down in Article 20.
immediately. However, if these measures are not in
accordance with the opinion of the Joint Standing                          2.    Amendments to the Annexes and detailed rules for
Committee, they shall be communicated by the                               the application of the provisions of this Regulation shall
Commission to the Council forthwith. In that event, the                    be adopted in accordance with the procedure laid down
Commission may defer application of the measures                           in Article 21.
which it has decided for a period of not more than one
month from the date of such communication.                                                            Article 23
                                                                           1.    Member States shall ensure, subject to Article 8 (a),
The Council, acting by a qualified majority, may take a                    that propagating material and ornamental plants
different decision within the time limit referred to in the                produced in their territory and intended to be placed on
previous paragraph.                                                        the market are officially certified, or passed as classified
                                                                           plants, if they comply with the relevant requirements of
                                                                           this Regulation.
                           Article 21
                                                                           2.    If it is found upon official examination that propa-
Where the procedure laid down in this Article is to be
                                                                           gating material or ornamental plants cannot, by reason
followed, the Commission shall be assisted by the Joint
                                                                           of non-compliance with a condition relating to plant
Standing Committee referred to in Article 20, acting as
                                                                           health, be officially certified or passed as classified
committee of an advisory nature and chaired by a
                                                                           plants, the Member States concerned shall take appro-
representative of the Commission.
                                                                           priate official measures to eliminate any consequent plant
                                                                           health risk.
The representative of the Commission shall submit to the
Joint Standing Committee a draft of the measures to be                                               Article 24
taken. The Joint Standing Committee shall deliver its
opinion on the draft, within a time limit which the                       This Regulation shall enter into force on the day of its
chairman may lay down according to the urgency of the                      publication in the Official Journal of the European
matter, if necessary by taking a vote.                                     Communities.
                                                                           In respect of Articles 5 to 9, 11, 12, 14 (2), 15, 17, 18
The opinion shall be recorded in the minutes; in                           and 23, the date of application for each genus or species
addition, each Member State shall have the right to ask                    referred to in Article 1 (2) shall be decided in accordance
to have its position recorded in the minutes.                             with the procedure laid down in Article 20 at the time of
                                                                           adoption of the corresponding Schedule pursuant to
The Commission shall take the utmost account of the                       Article 4. These dates shall not be later than 1 January
opinion delivered by the Joint Standing Committee. It                      1993.
shall inform the Joint Standing Committee of the manner                   This Regulation shall be binding in its entirety and
in which its opinion has been taken into account.                         directly applicable in all Member States.
                                                                ANNEX I
                                  REQUIREMENTS TO BE COMPLIED WITH BY SUPPLIERS
              1. Suppliers shall notify Member States of the date their activities will begin and of the date they end.
             2. Conditions on suppliers' premises shall be conducive to the proper production and conservation of
                 propagating material and ornamental plants.
             3. Suppliers shall permit the examinations referred to in Articles 3 and 7, including the taking of samples,
                 and the inspections referred to in Articles 5 (2), 11 (2) and 12 (4).
             4. Suppliers shall keep records of propagating material and ornamental plants showing:
 ---pagebreak--- ^ ^ ^0                                C^^c^i]ourn^ofLn^Euror^^nC^ornrnunrL^^                                                                                ^o^E^B^
         — foranyac^uisitions, t h e d a t e , theamount, thereferencenumbersof t h e l o t s a n d t h e n a m e o f the
             supplier,
         — for propagating material, the species andBor variety, in the case of seed, and in other ^ases the
             species or variety of the rootstockandBor scion,andBorcuttmg,where appropriate,
         — forornamentalplants, t h e g e n u s a n d B o r s p e c i e s a n d B o r v a n e t y , a n d t h e s p e c i e s a n d B o r v a r i e t y o f
             any rootsto^k,where appropriate,
         — for sales ^ c e p t sales of small quantities delivered t o a f m a l grower in the same local administrative
             area as the supplier or in an adjoining local administrative area^ the date,the amount, the reference
             number of the lots and the name of the purchaser
         Suppliers shall keepadetailed plan of the premises on which propagating material or ornamental plants
         are grown, showing t h e l o c a t i o n o f e a c h g e n u s andspecies, a n d o f e a c h v a n e t y o f a s p e c i e s , where
         appropriate
       6 Suppliers shall keep records of
         — specific treatments and methods of cultivation of propagating material and ornamental plants,
         — allo^urren^esof theharmfulorganismsreferredtomSchedules                                     forthegeneraorspe^iesestab
             lished pursuant to ^rti^le^t,and all measures taken in consequence
         The records referred to in point ^ shall always be available for inspection by Member States, those
         referred to in p o m t s ^ a n d ^ f o r at least two years
                                                                  ANNEX     II
                                                                     LABEL
       A Required information
          (a) Seeds
                1 'EEC rules and standards'
                2 Certifying authority (Official body and Member State or their initials)
                3 Month and year of sealing
                4 Label number
                5 Reference number of lot
                6 Species, indicated at least in Roman letters
                7 Variety, indicated at least in Roman letters, where appropriate
                8 Category
                9 Declared net or gross weight or declared number of pure seeds
               10 Where weight is indicated and granulated pesticides, pelleting substances or other solid
                   additives are used, the nature of the additive and also the approximate ratio between the weight
                   of pure seeds and total weight
          (b) Propagating material, other than seeds, and ornamental plants, other than classified plants
              1 'EEC rules and standards'
              2 Certifying authority (Official body and Member State or their initials)
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                   3. Year of certification, indicated by a letter of the alphabet
                   4. Label number
                   5. Reference number of the lot
                   6. In the case of rootstocks, scions and cuttings: species and/or variety as appropriate, indicated at
                      least in Roman letters
                   7. In the case of ornamental plants, genus and/or species and/or variety as appropriate, and the
                      species and/or variety, as appropriate, of any rootstock, indicated at least in Roman letters
                   8. Category
                   9. Number of plants or parts of plants.
               (c) Classified plants
                   1. 'EEC rules and standards'
                   2. Examining authority (Official body and Member State or their initials)
                   3. Year of examination, indicated by a letter of the alphabet
                   4. Label number
                   5. Reference number of the lot
                   6. Genus and/or species and/or variety, as appropriate, and the species and/or variety, as appro-
                      priate, of any rootstock, indicated at least in Roman letters
                   7. 'Classified plant'
                   8. Number of plants.
            B. Minimum dimensions of label
               30 mm X 170 mm.