CELEX: 
Language: en
Date: 2019-07-04
Title: COMMISSION IMPLEMENTING DIRECTIVE (EU) …/… amending Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC as regards the colour of the label for certified categories of propagating material and fruit plants and the content of the supplier’s document

COMMISSION IMPLEMENTING DIRECTIVE (EU) …/…
            
            
               of XXX
            
            
               amending Implementing Directive 2014/96/EU on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC as regards the colour of the label for certified categories of propagating material and fruit plants and the content of the supplier’s document
            
            
               THE EUROPEAN COMMISSION,
            
            
               Having regard to the Treaty on the Functioning of the European Union,
            
            
               Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production
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               , and in particular Article 9(1) thereof,
            
            
               Whereas:
            
            
               (1)Commission Implementing Directive 2014/96/EU
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                sets out the requirements for the labelling of fruit plant propagating material and fruit plants intended for fruit production to ensure the identity and traceability of that propagating material and those fruit plants during marketing.
            
            
               (2)Pursuant to that Directive, the use of coloured labels for fruit plant propagating material and fruit plants of the pre-basic, basic and certified categories was to be reviewed by the Commission by 1 January 2019. A survey conducted by the Commission showed that a majority of Member States are in favour of the mandatory use of a coloured label for those categories of propagating material and fruit plants. The survey also indicated that several Member States market Conformitas Agraria Communitatis (‘CAC’) material with a yellow supplier’s document in the form of a label attached to the CAC material. 
            
            
               In order to take into account the existing practice in the Member States, and to ensure a clear distinction between the supplier’s document and the official label when the supplier’s document is attached to the CAC material, the latter should be yellow. No special colour should be prescribed for the supplier’s document, when it is not attached to the CAC material, because in such a case there is no risk of confusion with any other label or document.
            
            
               (3)Moreover, experience has shown that the content of the supplier’s document could be simplified to ensure more flexibility for the marketing of CAC material in each Member State. When the supplier’s document contains less information, it is easier for the supplier to reduce the size of that document so that it can be attached to the CAC material to be marketed. For this reason, providing information about the quantity of CAC material marketed and the Member State where the CAC material was produced, when it is different from the Member State where the supplier’s document has been prepared, should be optional. 
            
            
               (4)Having regard to the changes that need to be made to the labelling requirements for fruit plant propagating material and fruit plants of all marketing categories, as well as to the requirements for the supplier’s document, it is appropriate to amend Implementing Directive 2014/96/EU.
            
            
               (5)This Directive should apply from 14 December 2019, to allow Member States sufficient time to transpose it into national law and to adapt the labelling requirements to the new provisions on plant passports, adopted pursuant to Regulation (EU) 2016/2031
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               , which become applicable on that date. 
            
            
               (6)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed, section Propagating Material and Plants of Fruit Genera and Species,
            
            
               HAS ADOPTED THIS DIRECTIVE:
            
            
               Article 1
               
            
               Amendments to Implementing Directive 2014/96/EU
            
            
            
               Implementing Directive 2014/96/EU is amended as follows:
            
         
         
            
               (1)In Article 2, paragraph 4 is replaced by the following:
            
            
               ‘4.
                     The colour of the label shall be:
            
            
               (a)white with a diagonal violet stripe for pre-basic-material; 
            
            
               (b)white for basic material; 
            
            
               (c)blue for certified material.’;
            
            
               (2)Article 5 is replaced by the following:
            
            
               ‘Article 5
            
            
               Supplier’s document for CAC material
            
            
            
               1.Member States shall ensure that CAC material is marketed with a document prepared by the supplier in compliance with paragraphs 2, 3 and 4 (‘the supplier’s document’). 
            
            
               Member States shall ensure that the supplierʼs document does not resemble the accompanying document referred to in Article 3, so as to avoid any possible confusion between those two documents.
            
            
               2.The supplier’s document shall contain at least the following information:
            
            
               (a)the indication ‘EU rules and standards’; 
            
            
               (b)the name of the Member State where the document has been prepared, or the respective code;
            
            
               (c)the responsible official body or the respective code;
            
            
               (d)the name of the supplier or its registration number/code issued by the responsible official body;
            
            
               (e)the individual serial number, week number or batch number;
            
            
               (f)the botanical name;
            
            
               (g)the indication ‘CAC material’;
            
            
               (h)the denomination of the variety and, where appropriate, the clone. In the case of rootstocks not belonging to a variety: the name of the species or the interspecific hybrid concerned. For grafted fruit plants, such information shall be given for the rootstock and the top-graft. For varieties for which an application for official registration or for a plant variety right is pending, such information shall indicate: ‘proposed denomination’ and ‘application pending’;
            
         
         
            
               (i)the date of issue of the document.
            
            
               3.Where it is attached to the CAC material, the colour of the supplier’s document shall be yellow.
            
            
               4.The supplier’s document shall be indelibly printed in one of the official languages of the Union, easily visible and legible.’
            
            
               Article 2
               Transposition
            
            
               1.Member States shall adopt and publish, by 13 December 2019, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those provisions to the Commission.
            
            
               They shall apply those provisions from 14 December 2019.
            
            
               When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
            
            
               2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
            
            
               Article 3
               Entry into force
            
            
               This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            
            
               Article 4
               Addressees
            
            
               This Directive is addressed to the Member States.
            
            
               Done at Brussels,
            
            
               
                     For the Commission
               
               
                     Vytenis ANDRIUKAITIS
               
               
                     Member of the Commission