CELEX: 51991PC0414
Language: en
Date: 1991-10-25
Title: Amended proposal for a COUNCIL REGULATION ( EEC ) on the marketing of fruit plant propagating material and fruit plants intended for fruit production

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(91) 414 final
                                                           Brussels, 25 October 1991
É8K
    IjpflKii                       Amended p r o p o s a l for  a
                                  COUNCIL REGULATION         (EEC)
                        on the marketing of fruit plant propagating
VÉ&sjfes 'H*$«
                  material and fruit plants intended for fruit production
                  (presented by the Commission pursuant to Article 149(3)
                                     of the EEC Treaty)
 ---pagebreak---                                   - 2 -
                               EXPLANATORY MEMORANDUM
  At its session of 11 July 1991, the European Parliament delivered its opinion
  on the Commission proposal contained in document C0M(89)651 Final, concerning
  a piopoaaI for a Council Regulation on the marketing of fruit plant
  propagating material and fruit plants intended for fruit production< 1 ).
  The present amended proposal takes into account amendments suggested by the
  European Parliament on which the Commission has taken a favourable position.
(1) OJ No C 54, 6.3.1990, p. 5.
 ---pagebreak---                                    - 3 -
                            Amended proposal for a
                           COUNCIL REGULATION (EEC)
              on the marketing of fruit plant propagating
        material and fruit plants intended for fruit production
In response to the opinion delivered by the European Par I i a m e n t C ) on the
proposal for a Council Regulation sent by the Commission to the Council on
21 December 1989 on the marketing of fruit plant propagating material and
fruit plants intended for fruit production, and in accordance with the third
paragraph of Article 149 of the Treaty establishing the European Economic
Community, the Commission has decided to amend the aforementioned proposal as
fol lows :
1 • The seventh recital     is amended as follows :
    Whereas, without prejudice to the health provisions laid down in Directive
    77/93/EEC it is not appropriate to apply the Community rules to propagating
    material and fruit plants shown to be intended for export to third
    countries as the rules applicable there may be different from those
    contained in this Regulation.
2. Article 1 ( 2 ) . first subparagraph, indents are amended as follows :
    -  Citrus sinesis Osbeck (orange)
    -  Citrus limon (lemon)
    -  Citrus reticulaxa     (mandarin)
    -  Citrus paradisi     (grapefruit)
    -  Citrus aurantifolia (lime)
    -  Corylus avellana L. (hazel)
 (1) OJ No C 240, 16.9.1991, p. ^03.
 ---pagebreak---                                     - 4 -
   -   Fragaria x ananassa Duch (strawberry)
   -   Jug I ans régi a L. (walnut)
   -   Malus sylvestris Mill   (apple)
   -   Prunus amygdalus Batsch (almond)
   -   Prunus armeniaca L. (apricot)
   -   Prunus avium L. (sweet cherry)
   -   Prunus cerasum (sour cherry)
   -   Prunus domestica L. (plum)
   -   Prunus persica (L.) Batsch (peach)
   -   Pyrus communis L. (pear)
3. Article 2 is amended as follows :
   This Regulation shall not apply to fruit plant propagating material or
   fruit plants shown to be intended for export to third countries, wi thout
   prejudice to the health rules laid down in Directive 77/93/EEC.
4. Article 3(g) is amended as follows :
   (g)   Measures are 'official' if taken by the competent national authority
         or by other public or private sector agents acting by delegation from
         that authority and/or under   its supervision for that purpose.
5. Article 18(1) is amended as follows :
   1. If, during the official examinations referred to in Article 3 cr
      Article 7(1)(c), the official control referred to in Article 17 or the
       trials referred to in Article 19, it is repeatedly found that
      propagating material or fruit plants marketed by a particular supplier
      do not comply with the requirements and conditions of this Régulai ion,
      the Member State concerned shall ensure that for a specifier: pc."io;j the
      supplier   is forbidden to market propagating material or   :ull  ; *rnts.
      The Commission shall ensure the correct applicat ion of * h à J ; n ç ^ n^,
      penalties provided for.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91)414final
                                                      DOCUMENTS
EN                                                                             03
                                 Catalogue number : CB-CO-91-458-EN-C
                                                             ISBN 92-77-76707-3
Office for Official Publications of the European Communities
L-2985 Luxembourg