CELEX: 51968FC0193
Language: en
Date: 2006-11-29
Title: Proposal for a Council Directive …/…/EC of […] on the marketing of material for the vegetative propagation of the vine (Codified version)

EN
|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                     on the marketing of material for the vegetative propagation of the vine

                                                                (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 68/193/EEC of 9 April 1968 on the  marketing  of  material
       for the vegetative propagation of the vine[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 bring 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 68/193/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 III to the codified Directive.

                                            ê 68/193/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                     on the marketing of material for the vegetative propagation of the vine

THE COUNCIL OF THE EUROPEAN UNION,

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 

   1) Council Directive 68/193/EEC of 9 April 1968 on the marketing  of  material  for  the  vegetative  propagation  of  the  vine[7]  has  been
      substantially amended several times[8]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 68/193/EEC Recital 1 (adapted)

   2) The production of wine and table grapes occupies an important place in the agriculture of the Community.

                                            ê 68/193/EEC Recital 2 (adapted)

   3) Satisfactory results in vine cultivation depend to a large extent on the use of appropriate Ö propagating Õ material. To this  end  certain
      Member States have for some time restricted the marketing of vine vegetative Ö propagating Õ  material  to  high  quality  wood  and  young
      plants. Those States have been able to take advantage of the systematic plant selection work carried out over  several  decades  which  has
      resulted in the development of stable and uniform vine varieties which, by reason of their characters, promise to be of great value for the
      purposes in view.

                                            ê 68/193/EEC Recital 3 (adapted)

   4) Greater productivity Ö can Õ be achieved in the Community vine cultivation if for the choice of the  varieties  permitted  to  be  marketed
      Member States apply uniform rules which are as strict as possible.

                                            ê 68/193/EEC Recital 4 (adapted)

   5) It is however justifiable to restrict marketing to  certain  varieties  only  if  the  vine  grower  can  be  sure  of  actually  obtaining
      Ö propagating Õ material of those varieties.

                                            ê 68/193/EEC Recital 7 (adapted)

   6) As a general rule, Ö propagating Õ material intended for the production of grapes or for the production of Ö propagating Õ material  should
      be allowed to be marketed only if it has been officially examined and certified,  in  accordance  with  the  rules  for  certification,  as
      Ö initial propagating material, Õ basic Ö propagating Õ material or certified Ö propagating Õ material.

                                            ê 68/193/EEC Recital 8 (adapted)

   7) It would be desirable to restrict marketing to certified vine Ö propagating Õ material obtained by clonal  selection.  However,  it  is  at
      present impossible to attain this objective since Community requirements could not be entirely covered by  such  material.  Therefore,  the
      marketing of checked standard material which must also possess identity and varietal purity but which  does  not  always  afford  the  same
      assurances as Ö propagating Õ material obtained by clonal  selection  should  be  allowed  provisionally.  However,  this  category  should
      gradually be eliminated.

   8) ê 2002/11/EC Recital 3 (adapted)

   9) Member States Ö should be able to Õ authorise Ö , under certain conditions, Õ the marketing of propagating material for trials,  scientific
      purposes or selection work.

                                            ê 2002/11/EC Recital 2

  10) It should be made possible, on certain conditions, to market propagating material produced by new production methods.

                                            ê 71/140/EEC Recitals 5 (adapted), 6 and 7 (adapted)

  11) It is necessary for each Member State to compile a catalogue of varieties accepted for certification and for checking as standard  material
      in its territory. Uniform rules should be used for compiling these catalogues so that the varieties accepted will be distinct,  stable  and
      sufficiently uniform. In order to carry out the examinations for the acceptance of a variety,  a  large  number  of  criteria  and  minimum
      requirements Ö should Õ be laid down.

                                            ê 68/193/EEC Recital 9 (adapted)

  12) If vines are not propagated or if Ö propagating Õ material is not marketed in a Member State, it seems justifiable  to  exempt  that  State
      from the obligation to arrange for certification or for checking of standard material without however affecting its obligation to  restrict
      marketing to certified material and standard material.

  13) ê 2002/11/EC Recitals 5 and 6 (adapted)

  14) It is important that genetically modified vine varieties are not accepted unless all the appropriate measures have been taken to avoid  any
      risk to human health or the environment. A specific environmental risk assessment should be carried out equivalent to that provided for  in
      Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the  deliberate  release  into  the  environment  of
      genetically modified organisms and repealing Council Directive 90/220/EEC[9]  where  vine  variety  propagating  material  is  composed  of
      genetically modified organisms.

                                            ê 2002/11/EC Recital 9 (adapted)

  15) It is desirable to ensure that genetic diversity is preserved. Appropriate biodiversity conservation measures to guarantee the conservation
      of existing varieties Ö should Õ be taken. The Commission should take into account not only  the  concept  of  variety  but  also  that  of
      genotype and of clone.

                                            ê 74/648/EEC Recital 7 (adapted)

  16) The growing of vines and the marketing of Ö propagating Õ material may be of minimal economic importance in  a  Member  State.  The  Member
      State concerned should therefore have the possibility of being exempted from most of the provisions of Ö this Õ Directive.

  17) ê 68/193/EEC Recital 10 (adapted)

  18) Ö Propagating Õ material which is not placed on the market should not, in view of its minor economic importance, be  subject  to  Community
      rules. Member States Ö should Õ retain the right to make such material subject to special provisions.

                                            ê 68/193/EEC Recital 11 (adapted)

  19) Community rules should not apply to Ö propagating Õ material shown to be intended for export to third countries.

                                            ê 68/193/EEC Recital 13 (adapted)

  20) In order to improve not only the genetic Ö value Õ of Community Ö propagating Õ material, but also its external quality, certain conditions
      Ö should Õ be laid down as to technical purity, quality and grading.

                                            ê 68/193/EEC Recital 14 (adapted)

  21) In order to ensure the identity of the Ö propagating Õ material, Community rules Ö should Õ be laid  down  as  regards  the  separation  of
      batches, packaging, sealing and marking. To this end the labels should give the particulars needed both for official control  and  for  the
      information of the vine grower and should clearly show the Community nature of the certification.

                                            ê 68/193/EEC Recital 15 (adapted)

  22) In order to ensure that both the requirements as to the quality of Ö propagating Õ material and the provisions for  ensuring  its  identity
      are complied with during marketing, Member States Ö should Õ make provision for suitable control arrangements.

  23) ê 68/193/EEC Recital 16 (adapted)

  24) Ö Propagating Õ material satisfying these requirements should, without prejudice to  Article  Ö 30 Õ  of  the  Treaty,  be  subject  to  no
      marketing restrictions other than those provided for in Community rules.

                                            ê 2002/11/EC Recital 8

  25) To ensure that the movement of vine-propagating material is adequately monitored, it is appropriate that Member States should  be  able  to
      require a document to accompany each lot.

                                            ê 68/193/EEC Recital 18 (adapted)

  26) Subject to certain conditions, Ö propagating Õ material produced in other Member States from basic material certified  in  a  Member  State
      should be recognised as equivalent to Ö propagating Õ material produced in that Member State.

                                            ê 68/193/EEC Recital 19 (adapted)

  27) During periods in which there are difficulties in obtaining supplies of Ö propagating Õ material Ö propagating Õ material  satisfying  less
      stringent requirements should temporarily be permitted to be marketed.

                                            ê 68/193/EEC Recital 20 (adapted)

  28) In order to harmonise the technical methods of certification and of checking standard material used in the various  Member  States  and  to
      enable comparisons to be made between material certified or checked within the Community and that coming from  third  countries,  Community
      tests should be carried out in Member States to assess the quality of the different categories of Ö propagating Õ material.

                                            ê 2002/11/EC Recital 10 (adapted)

  29) The measures necessary for the implementation of Ö this Õ 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].

                                            ê 

  30) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law of the Directives set out in Annex V, Part B,

                                            ê 68/193/EEC

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

                                            ê 74/648/EEC Art. 2 (adapted)

This Directive shall apply to material for the vegetative propagation of the vine  (hereinafter  called  «  Ö propagating Õ  material»)  marketed
within the Community.

                                            ê 68/193/EEC

                                                                    Article 2

                                            ê 2002/11/EC Art. 1. pt. 1

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

                                            ê 2002/11/EC Art. 1.1 (adapted)

(1)   Vines Ö means Õ plants of the genus Vitis (L.) intended for the production of grapes or  for  use  as  Ö propagating Õ  material  for  such
       plants;

(2)   Variety Ö means Õ a plant grouping within a single botanical Ö taxon Õ of the lowest known rank, which can be:

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  defined by the expression of the characters resulting from a given genotype or combination of genotypes;

       (b)  distinguished from any other plant grouping by the expression of at least one of the said characters; and

       (c)  considered as an entity in view of its ability to be propagated unchanged;

                                            ê 2002/11/EC Art. 1.1 (adapted)

(3)   Clone Ö means Õ the vegetative progeny of a variety which is true to a vine stock chosen on account of varietal  identity,  its  phenotypic
       characters and its state of health;

(4)   Propagating material Ö means: Õ

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  young vine plants:

           (i)   rooted cuttings: ungrafted pieces of rooted vine shoot or herbaceous shoot, intended for  planting  ungrafted  or  for  use  as
                rootstocks;

           (ii)  rooted grafts: pieces of vine shoot or herbaceous shoot joined by grafting, the underground part of which is rooted;

       (b)  parts of young vine plants:

           (i)   vine shoots: one-year shoots;

           (ii)  herbaceous shoots: unlignified shoots;

           (iii) graftable rootstock cuttings: pieces of vine shoot or herbaceous shoot intended to form the  underground  part  when  preparing
                rooted grafts;

           (iv)  top-graft cuttings: pieces of vine shoot or herbaceous shoot intended to form the  part  above  ground  when  preparing  rooted
                grafts or when grafting plants in situ;

           (v)   nursery cuttings: pieces of vine shoot or herbaceous shoot intended for the production of rooted cuttings;

                                            ê 2002/11/EC Art. 1.1 (adapted)

(5)   Stock nurseries Ö means Õ nurseries for the production of rootstock cuttings for grafting, nursery cuttings or top-graft cuttings;

(6)   Cutting nurseries Ö means Õ nurseries for the cultivation of rooted cuttings or rooted grafts;

(7)   Initial propagating material Ö means Õ propagating material:

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the identity of
           the variety and, where applicable, of the clone, and for the prevention of diseases;

       (b)  which is intended for the production of basic propagating material or certified propagating material;

                                            ê 2002/11/EC Art. 1.1 (adapted)

       (c)  which satisfies the conditions laid down in Annexes I and II for  basic  propagating  material.  These  Annexes  may  be  amended  in
           accordance with the procedure Ö referred to Õ in Article 27(2) in order to set  additional  or  more  stringent  conditions  for  the
           certification of initial propagating material;

                                            ê 2002/11/EC Art. 1.1

       (d)  which has been found by official examination to satisfy the above conditions;

                                            ê 2002/11/EC Art. 1.1 (adapted)

(8)   Basic propagating material Ö means Õ propagating material:

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the identity of
           the variety and, where applicable, of the clone, and for the prevention of diseases and which is obtained by  vegetative  propagation
           directly from initial propagating material;

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

       (c)  which satisfies the conditions laid down in Annexes I and II for basic propagating material; and

       (d)  which has been found by official examination to satisfy the above conditions;

                                            ê 2002/11/EC Art. 1.1 (adapted)

 (9)  Certified material Ö means propagating Õ material:

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  which is obtained directly from basic propagating material or initial propagating material;

       (b)  which is intended for:

           (i)   the production of young plants or parts of plants for use in the production of grapes; or

           (ii)  the production of grapes;

       (c)  which satisfies the conditions laid down in Annexes I and II for certified material; and

                                            ê 2002/11/EC Art. 1.1 (adapted)

       (d)  which has been found by official examination to satisfy the above conditions;

(10)  Standard material Ö means propagating Õ material:

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  which has varietal identity and purity;

       (b)  which is intended for:

           (i)   the production of young plants or parts of plants for use in the production of grapes; or

           (ii)  the production of grapes;

       (c)  which satisfies the conditions laid down in Annexes I and II for standard material; and

                                            ê 2002/11/EC Art. 1.1 (adapted)

       (d)  which has been found by official examination to satisfy the above conditions;

(11)  Official measures Ö means Õ measures taken:

                                            ê 2002/11/EC Art. 1. pt. 1

       (a)  by State authorities; or

                                            ê 2002/11/EC Art. 1.1 (adapted)

       (b)  by any legal person whether governed by public or by private law, acting under the responsibility of the State Ö , provided that this
           person derives no private gain from such measures Õ; or

       (c)  in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for  that  purpose  Ö ,
           provided that this person derives no private gain from such measures Õ;

(12)  Marketing Ö means Õ the sale, holding with a view to sale, offer for sale  and  any  disposal,  supply  or  transfer  aimed  at  commercial
       exploitation of propagating material to third parties, whether or not for a consideration.

                                            ê 2002/11/EC Art. 1. pt. 1

2. Trade in propagating material not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded  as
marketing:

(a)   the supply of propagating material to official testing and inspection bodies;

(b)   the supply of propagating material to providers of services for processing or packaging, provided that the provider of  services  does  not
acquire title to propagating material thus supplied.

                                            ê 2002/11/EC Art. 1.1 (adapted)

The rules for the application of Ö this paragraph Õ shall be adopted in accordance with the procedure Ö referred to Õ in Article 27(3).

                                            ê 71/140/EEC Art. 2 (adapted)

                                            ê 2002/11/EC Art. 1. pt. 2 (adapted)

                                                                    Article 3

1. Member States shall require that vine propagating material may not be placed on the market unless:

                                            ê 2002/11/EC Art. 1.2

(a)   it has been officially certified as «initial propagating material», «basic propagating material» or «certified  propagating  material»  or,
       in the case of propagating material not intended for use as rootstocks, it is officially checked standard material, and

(b)   it satisfies the conditions laid down in Annex II.

                                            ê 2002/11/EC Art. 1. pt. 2 (adapted)

                                            ê 2002/11/EC Art. 1.2

2. Notwithstanding paragraph 1, Member States may authorise producers on their own territory to place on the  market  appropriate  quantities  of
propagating material:

(a)   intended for trials or for scientific purposes;

(b)   for selection work;

(c)   intended to help preserve genetic diversity.

                                            ê 2002/11/EC Art. 1. pt. 2 (adapted)

The conditions under which Member States may grant such authorisation may be determined in accordance  with  the  procedure  Ö referred  to Õ  in
Article 27(2).

                                            ê 2002/11/EC Art. 1.2

In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to  avoid  risks
to human health and the environment. For the environmental risk assessment and other checks to be carried out in this respect,  Article  8  shall
apply accordingly.

                                            ê 2002/11/EC Art. 1. pt. 2 (adapted)

3. In the case of propagating material produced by means of in  vitro  propagation  techniques,  the  following  provisions  may  be  adopted  in
accordance with the procedure Ö referred to Õ in Article 27(2):

                                            ê 2002/11/EC Art. 1.2

(a)   derogation from specific provisions of this Directive;

(b)   conditions applicable to such propagating material;

(c)   designations that may be used for such propagating material;

(d)   conditions to guarantee that the varietal authenticity has first been verified.

                                            ê 2002/11/EC Art. 1. pt. 2 (adapted)

4. The Commission, acting in accordance with the  procedure  Ö referred  to Õ  in  Article  27(3),  may  require  that,  after  specified  dates,
propagating material other than for use as rootstocks may be placed on  the  market  only  if  it  has  been  officially  certified  as  «initial
propagating material», «basic propagating material» or «certified propagating material»:

                                            ê 2002/11/EC Art. 1.2

(a)   throughout the Community, in the case of certain vine varieties for which the Community's needs can be covered, taking into  account  their
       genetic diversity, if necessary under an established programme, by propagating  material  officially  certified  as  «initial  propagating
       material», «basic propagating material» or «certified propagating material»; and

(b)   in the case of propagating material of varieties other than those referred to in point (a), if intended for use in the territory of  Member
       States which have already required, in accordance with this Directive, that «standard material» may no longer be marketed.

                                            ê 68/193/EEC (adapted)

                                                                    Article 4

Member States may, as regards the conditions laid down  in  Annexes  I  and  II,  impose  additional  or  more  stringent  requirements  for  the
certification of Ö propagating Õ material or the checking of standard material produced in their own territory.

                                            ê 2002/11/EC Art. 1. pt. 3

This provision shall not apply, in the case of grafting, to propagating material  produced  in  another  Member  State  or  in  a  third  country
recognised as equivalent in accordance with Article 25(2).

                                            ê 2002/11/EC Art. 1. pt. 4

                                                                    Article 5

1. Each Member State shall establish a catalogue of the vine varieties officially  accepted  for  certification  and  for  checking  as  standard
propagating material in its territory. The  catalogue  shall  be  open  to  public  inspection.  The  catalogue  shall  determine  the  principal
morphological and physiological characters by which the varieties can be distinguished from one another. For those varieties already accepted  as
at 31 December 1971, reference may be made to the description in the official ampelographic publications.

                                            ê 2002/11/EC Art. 1.4 (adapted)

2. Member States shall ensure that varieties and clones accepted  into  the  catalogues  of  the  other  Member  States  are  also  accepted  for
certification and for the checking of standard propagating material in their own territory, without  prejudice  to  Council  Regulation  (EC)  No
1493/1999 [11], with regard to the rules for the classification of vine varieties.

                                            ê 2002/11/EC Art. 1. pt. 4

3. Each Member State shall also establish, if appropriate, a list of clones officially accepted for certification in its territory.

Member States shall ensure that clones accepted for certification in another Member State are  also  accepted  for  certification  in  their  own
territory.

                                            ê 71/140/EEC Art. 4 (adapted)

Article 6

Member States shall ensure that no variety is accepted unless it is distinct, stable and sufficiently uniform.

                                            ê 2002/11/EC Art. 1. pt. 5

                                                                    Article 7

1. A variety shall be deemed to be distinct if it is clearly distinguishable, by reference to the expression  of  the  characteristics  resulting
from a particular genotype or combination of genotypes, from any other variety whose existence is a matter of common knowledge in the Community.

A variety shall be deemed to be a matter of common knowledge in the Community if, on  the  date  on  which  application  is  duly  made  for  its
acceptance, it either is entered in the catalogue of the Member State in question or of another Member State or is the subject of an  application
for acceptance in the Member State in question or in another Member State, unless the conditions referred  to  in  the  first  sentence  of  this
paragraph are no longer met in all the Member States concerned before a decision is made regarding the application  for  acceptance  of  the  new
variety being assessed.

2. A variety shall be deemed to be stable if the expression of the characters which are included in the examination for distinctness, as well  as
any others used for the variety description, remains unchanged after repeated propagation.

3. A variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation,  it
is sufficiently uniform in the expression of those characters which are included in the examination for distinctness, as well as any others  used
for describing the variety.

                                            ê 2002/11/EC Art. 1. pt. 6 (adapted)

                                                                    Article 8

1. In the case of a genetically modified variety within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC ,  the  variety  shall
be accepted only if all appropriate measures have been taken to avoid adverse effects on human health and the environment.

                                            ê 2002/11/EC Art. 1.6

2. With regard to genetically modified varieties within the meaning of paragraph 1:

(a)   a specific environmental risk assessment equivalent to the assessment provided for in Directive  2001/18/EC  and  in  accordance  with  the
       principles set out in Annex II and on the basis of the information specified in Annex III of that Directive shall be carried out;

(b)   the procedures intended to ensure the equivalence of the specific risk assessment and other  relevant  requirements,  in  particular  those
       regarding risk management, labelling, and any monitoring required, public information and a safeguard clause  with  those  established  by
       Directive 2001/18/EC shall be introduced, on a proposal from the Commission, by a  Regulation  of  the  European  Parliament  and  of  the
       Council. Pending the entry into force of that Regulation, genetically modified varieties shall be accepted for  inclusion  in  a  national
       catalogue only when they have been accepted for marketing in accordance with Directive 2001/18/EC;

(c)   Articles 13 to 24 of Directive 2001/18/EC shall no longer apply to genetically modified varieties of vine  authorised  in  conformity  with
       the Regulation referred to in point (b).

                                            ê 1829/2003 Art. 42 (adapted)

3.     Where products derived from vine-propagating material are intended to be used as or in food falling within the scope of Article  3  or  as
or in a feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003 [12], the vine variety concerned shall be  accepted  only  if
it has been authorised pursuant to the said Regulation.

       Member States shall ensure that a vine variety, from the propagating material of which products were derived intended for use in food  and
feed pursuant to Articles 2 and 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council [13] shall be accepted only if  it
has been authorised pursuant to the relevant legislation.

                                            ê 2002/11/EC Art. 1. pt. 7

                                                                    Article 9

Member States shall ensure that varieties and, where applicable, clones coming from other Member States are subject to the same  requirements  as
those which apply to domestic varieties or clones, in particular as regards the acceptance procedure.

                                            ê 71/140/EEC Art. 4 (adapted)
                                            è1 2002/11/EC Art. 1. pt. 24

                                                                    Article 10

1. Member States shall provide that acceptance of varieties be based on the  results  of  official  examinations,  particularly  growing  trials,
covering a sufficient number of characters for the variety to be described. The methods  used  for  determining  characters  must  be  exact  and
reliable.

2. The following shall be fixed in accordance with the  procedure  Ö referred  to Õ  in  è1 Article  27(2) ç,  account  being  taken  of  current
scientific and technological knowledge:

                                            ê 71/140/EEC Art. 4

(a)   the characters to be covered as a minimum by the examinations,

(b)   the minimum requirements for carrying out the examinations.

                                            ê 71/140/EEC Art. 4 (adapted)

3. If it is known that Ö propagating Õ material of a given variety is marketed in another country under a different name, that  name  shall  also
be indicated in the catalogue.

                                            ê 71/140/EEC Art. 4

                                                                    Article 11

1. The varieties accepted shall be officially checked at regular intervals. If  any  of  the  conditions  for  acceptance  for  certification  or
checking is no longer satisfied, acceptance shall be revoked and the variety deleted from the catalogue.

                                            ê 2002/11/EC Art. 1. pt. 8

2. All applications or withdrawals of applications for acceptance of a variety, entries in a catalogue of varieties and  amendments  made  to  it
shall immediately be communicated to the other Member States and to the Commission. On the basis of the notifications  from  the  Member  States,
the Commission shall publish a common catalogue of varieties.

                                            ê 2002/11/EC Art. 1. pt. 9

                                                                    Article 12

Member States shall ensure that genetically modified varieties which have been accepted are  clearly  indicated  as  such  in  the  catalogue  of
varieties. They shall further ensure that any person marketing such a variety clearly indicates in their vine sales catalogue  that  the  variety
is genetically modified and states the purpose of the modification.

                                            ê 2002/11/EC Art. 1. pt. 10

                                                                    Article 13

1. Member States shall require that varieties and, where applicable,  clones  accepted  into  the  catalogue  are  maintained  by  selection  for
conservation.

2. Maintenance must always be verifiable on the basis of records made by those responsible for maintenance of a variety  and,  where  applicable,
of a clone.

3. Samples may be requested from those responsible for maintenance of a variety. Where necessary, samples may be taken officially.

4. Where maintenance is carried out in a Member State other than that in which the variety was accepted, the  Member  States  in  question  shall
assist each other administratively as regards control.

                                            ê 2002/11/EC Art. 1. pt. 11 (adapted)

                                                                    Article 14

Member States shall provide Ö for Õ that,  while  growing  and  during  lifting,  or  removal  from  the  parent  vine,  packaging,  storage  and
transportation, Ö propagating Õ material be kept in separate batches and be marked with the  variety  and,  where  applicable,  in  the  case  of
original propagating materials, basic material and certified material, with the clone.

                                            ê 68/193/EEC (adapted)

                                                                    Article 15

1. Member States shall require that Ö propagating Õ material be marketed only in sufficiently homogeneous  batches  and  in  sealed  packages  or
bundles bearing, as prescribed in Articles 16 and 17, a sealing device and markings. Packaging shall comply with the provisions of Annex III.

                                            ê 2002/11/EC Art. 1. pt. 12 (adapted)

2. By way of derogation from paragraph 1 as regards packaging, sealing and marking, the  Commission  shall  determine,  in  accordance  with  the
procedure Ö referred to Õ in Article 27(2), the provisions applicable to the sale of small quantities to  final  consumers  and  also  to  market
vines in pots, crates or boxes.

                                            ê 2002/11/EC Art. 1. pt. 13 (adapted)

                                                                    Article 16

Member States shall require packages and bundles of propagating material to be sealed officially or under official supervision in such  a  manner
that they cannot be opened without damaging the seal or without the official label referred to in Article 17(1) or, in  the  case  of  packaging,
the packaging showing signs of tampering. To ensure proper sealing, the sealing device must comprise at least either the  official  label  or  an
official seal. A decision may be taken in accordance with the procedure Ö referred to Õ in Article 27(2) as to whether a specific sealing  device
meets the requirements of this Article. Further sealing may take place only officially or under official supervision.

                                            ê 2002/11/EC Art. 1. pt. 14 (adapted)

                                                                    Article 17

1. Member States shall require that an official label in one of the official languages of the  Community,  conforming  to  the  specification  in
Annex IV, be affixed on the outside of packages and bundles of propagating material by means of the sealing  device.  The  colour  of  the  label
shall be white with a diagonal violet stripe for initial material, white for basic material, blue for certified  material  and  dark  yellow  for
standard material.

                                            ê 2002/11/EC Art. 1.14

2. However, Member States may authorise producers in their territory to market more than one package or bundle of grafted or  rooted  vines  with
the same characteristics, using a single label conforming to the specification in Annex IV. In such cases,  the  packages  or  bundles  shall  be
attached together in such a way that the attachment is damaged on separation and can no longer be put back. The label shall be affixed  by  means
of the attachment. No resealing shall be authorised.

                                            ê 2002/11/EC Art. 1. pt. 14 (adapted)

3. Without prejudice to Article 23(2) of Regulation (EC) No 1493/1999, Member States may require that each delivery of material  produced  within
their territories also be accompanied by a uniform document featuring the following particulars inter alia: the nature of the goods, the  variety
and, where applicable, the clone, the category, quantity, consignor and recipient. The conditions to be set regarding this accompanying  document
shall be established according to the procedure Ö referred to in Õ Article 27(3) of this Directive.

                                            ê 2002/11/EC Art. 1.14 (adapted)

4. The official label provided for under paragraph 1 may also include the  phytosanitary  accompanying  documents,  provided  for  in  Commission
Directive 92/105/EEC[14], which establishes a degree of standardisation for plant passports. However, all of the  conditions  applicable  to  the
official labelling and plant passports are defined and must be recognised as equivalent.

                                            ê 2002/11/EC Art. 1. pt. 14 (adapted)

5. Member States shall prescribe that the official labels must be preserved by the recipient of the Ö propagating Õ material  for  at  least  one
year and made available to the official control authority.

                                            ê 2002/11/EC Art. 1. pt. 15

                                                                    Article 18

In the case of propagating material of a variety which has been genetically modified, any label and document, official  or  otherwise,  which  is
affixed to or accompanies the batch of material under this Directive shall clearly indicate that the variety has been  genetically  modified  and
shall name the genetically modified organisms.

                                            ê 68/193/EEC (adapted)
                                            è1 74/648/EEC Art. 5(1)

                                                                    Article 19

è1 1. ç Member States shall ensure that the identity of the Ö propagating Õ material is preserved, from the time of its lifting, or  its  removal
from the parent vines until its delivery to the final consumer, by a system of official controls laid down or approved by them. They  shall  make
suitable arrangements for Ö propagating Õ material to be officially controlled during marketing, at least  by  check  sampling,  as  regards  its
compliance with the requirements of this Directive.

                                            ê 2002/11/EC Art. 1. pt. 16

2. Without prejudice to the free movement of material within the Community, Member States shall take all necessary measures to  ensure  that  the
competent authorities are supplied with the following particulars during the marketing of propagating material imported from a third country:

(a)   species (botanical name);

(b)   variety and, where applicable, clone; in the case of rooted grafts, such information shall apply both to the  rootstock  and  to  the  top-
       graft cutting;

(c)   category;

(d)   nature of propagating material:

(e)   country of production and official control authority;

(f)   country of despatch, if different from the country of production;

(g)   importer;

(h)   quantity of material.

                                            ê 2002/11/EC Art. 1.16 (adapted)

The manner in which these particulars are to be presented may be determined in accordance with the procedure Ö referred to Õ in Article 27(2).

                                            ê 2002/11/EC Art. 1. pt. 17

                                                                    Article 20

Member States shall ensure that propagating material marketed in accordance with this Directive, under either compulsory or  optional  rules,  is
not subjected to any marketing restrictions as regards its characteristics, examination arrangements, marking and sealing other than  those  laid
down in this Directive.

                                            ê 2002/11/EC Art. 1. pt. 18

                                                                    Article 21

Member States shall ensure that propagating material of vine varieties and, where applicable, clones, which have been officially accepted in  one
of the Member States for certification and for checking as standard propagating material in accordance with this Directive, are not subjected  to
any marketing restrictions in their territory based on variety, and, where applicable, clone, without prejudice to Regulation (EC) No 1493/1999.

                                            ê 68/193/EEC (adapted)

Article 22

Member States shall provide Ö for Õ that Ö propagating Õ material which is obtained directly from basic material certified in  one  Member  State
and grown in another Member State may be certified in the State which produced the basic material if the Ö propagating Õ material  has  undergone
field inspection satisfying the conditions laid down in Annex I and if official examination has shown that the conditions laid down in  Annex  II
are satisfied.

                                                                    Article 23

                                            ê 2002/11/EC Art. 1. pt. 19 (adapted)

1. In order to eliminate any temporary difficulties in the supply of propagating material in the Community that cannot be overcome in  any  other
way, a decision may be taken in accordance with the procedure Ö referred to Õ in Article  27(2)  that  Member  States  should  authorise,  for  a
specified period, the marketing throughout the territory Ö of the Community Õ of such quantity of propagating material of a  category  satisfying
less stringent requirements as is needed to overcome the difficulties.

                                            ê 68/193/EEC (adapted)

2. For a category of Ö propagating Õ material of any given variety, the colour of  the  label  shall  be  that  provided  for  the  corresponding
category; in all other cases it shall be brown. The label shall always state that the Ö propagating Õ material  in  question  is  of  a  category
satisfying less stringent requirements.

                                            ê 88/332/EEC Art. 6 (adapted)
                                            è1 2002/11/EC Art. 1. pt. 24

3. Rules for the application of paragraph 1 may be adopted in accordance with the procedure Ö referred to Õ in è1 Article 27(2) ç.

                                            ê 2002/11/EC Art. 1. pt. 20 (adapted)

                                                                    Article 24

For the purpose of seeking better alternatives to certain provisions of this Directive, it may be  decided,  in  accordance  with  the  procedure
Ö referred to Õ in Article 27(3), to organise temporary experiments under specified conditions at Community level.

                                            ê 68/193/EEC (adapted)

                                                                    Article 25

1. This Directive shall not apply to Ö propagating Õ material shown to be intended for export to third countries.

                                            ê 2002/11/EC Art. 1. pt. 21 (adapted)

2.          On a Commission proposal the Council, acting by qualified majority, shall determine whether Ö propagating Õ material  produced  in  a
third country offers, as regards the conditions for its acceptance and the measures taken to ensure its production with a view to its  marketing,
the same guarantees as material produced in the Community and meets the requirements of this Directive.

            Furthermore, the Council shall determine the types of material and the categories of Ö propagating Õ material that  may  be  admitted
to marketing within the territory of the Community under Ö the first subparagraph Õ.

            Until the Council has taken a decision pursuant to Ö the first subparagraph Õ and without prejudice to Council  Directive  2000/29/EC
[15], Member States may be authorised to take such decisions in accordance with the procedure Ö referred to Õ in Article 27(2).  When  doing  so,
they shall ensure that the material to be imported offers guarantees equivalent in every respect to those  offered  by  Ö propagating Õ  material
produced in the Community in accordance with this Directive. Such imported material shall in particular be accompanied by a document setting  out
the particulars prescribed in Article 19(2).

                                            ê 2003/61/EC Art. 1. pt. 3 (adapted)

                                                                    Article 26

1. Community comparative tests and trials shall be carried out within the Community for the  post-control  of  samples  of  vine  Ö propagating Õ
material placed on the market under the provisions of this Directive, whether mandatory or  discretionary,  including  those  relating  to  plant
health and taken during sampling. The comparative tests and trials may include the following:

(a)    Ö propagating Õmaterial produced in third countries,

(b)    Ö propagating Õmaterial suitable for organic farming,

(c)    Ö propagating Õ material marketed in relation to measures intended to help preserve genetic diversity.

These comparative tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the  conditions
with which the Ö propagating Õ material must comply.

2. The Commission, acting in accordance with the procedure referred to in Article 27Ö (2) Õ,  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  27(1)  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.

3. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraph 1 .

                                            ê 2003/61/EC Art. 1. pt. 3

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

                                            ê 2003/61/EC Art. 1. pt. 3 (adapted)

4. 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 27Ö (2) Õ.

5. The tests and trials foreseen in paragraph 1 may be performed only by State authorities or legal persons acting under  the  responsibility  of
the State.

                                            ê 2002/11/EC Art. 1. pt. 22 (adapted)

                                            ê 2002/11/EC Art. 1. pt. 23

                                                                    Article 27

1. The Commission shall be assisted by the Standing Committee on Seeds and  Propagating  Material  for  Agriculture,  Horticulture  and  Forestry
(hereinafter referred to as the «Committee»).

                                            ê 2002/11/EC Art. 1.23 (adapted)

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

                                            ê 2002/11/EC Art. 1. pt. 23

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

3. Where reference is made to this paragraph, 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 two months.

4. The Committee shall adopt its rules of procedure.

                                            ê 74/648/EEC Art. 6 (adapted)
                                            è1 2002/11/EC Art. 1. pt. 24

                                                                    Article 28

1. Any amendments to be made to Annexes Ö I to IV due Õ to the development of scientific  knowledge  or  techniques  shall  be  decided  upon  in
accordance with the procedure Ö referred to Õ in è1 Article 27(2) ç.

Ö 2. Annexes I and II may be amended in accordance with the procedure referred to in Article 27(2) in order to set additional or  more  stringent
conditions for the certification of initial propagating material. Õ

                                            ê 68/193/EEC

                                                                    Article 29

This Directive shall be without prejudice to the provisions of national laws justified on grounds  of  the  protection  of  health  and  life  of
humans, animals or plants or the protection of industrial and commercial property.

                                            ê 74/648/EEC Art. 7 (adapted)
                                            è1 2002/11/EC Art. 1. pt. 24

                                                                    Article 30

In accordance with the procedure Ö referred to Õ in è1 Article 27(2) ç, a Member State may, if it so requests, be wholly  or  partially  released
from the obligation to apply this Directive with the exception, however, of Articles 20 and 21, in so  far  as  the  growing  of  vines  and  the
marketing of Ö propagating Õ material are of minimal economic importance in its territory.

                                            ê 71/140/EEC Art. 9 (adapted)

                                                                    Article 31

This Directive shall be without prejudice to Council Regulation (EEC) No 234/68[16] .

                                            ê 68/193/EEC (adapted)

                                            ê 90/654/EEC Art. 2 and Annex II.(1) (adapted)

                                            ê 

                                                                    Article 32

Directive 68/193/EEC, as amended by the acts listed in Annex V, Part A and B, is repealed, without prejudice to the  obligations  of  the  Member
States relating to the time-limits for transposition into national law of the Directives set out in Annex V, Part C.

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 VI.

                                                                    Article 33

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

                                            ê 68/193/EEC (adapted)

Article 34

Ö This Õ Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 2005/43/EC Art. 1 and Annex I

                                                                     ANNEX I

                                                     CONDITIONS RELATING TO THE GROWING CROP

1.    The growing crop shall have identity and purity with regard to the variety and, if necessary, the clone.

2.    The cultural conditions and the level of development of the growing crop shall be such as to allow sufficient checks on  the  identity  and
       purity of the growing crop with regard to the variety and, if necessary, the clone, as well as its state of health.

3.    The soil or if necessary the substrate of culture gives sufficient guarantees regarding the absence of harmful organisms or their  vectors,
       in particular nematodes which carry viral diseases. The stock nurseries and the cutting nurseries shall be established  under  appropriate
       conditions to avoid any risk of contamination by harmful organisms.

                                            ê 2005/43/EC Art. 1 and Annex I (adapted)

4.    The presence of harmful organisms which reduce the usefulness of the Ö propagating Õ material shall be at the lowest possible level.

                                            ê 2005/43/EC Art. 1 and Annex I

5.    In particular, concerning the harmful organisms referred to in points (a), (b) and (c), the conditions set out in points 5.1 to 5.5.  shall
       apply, subject to point 5.6:

       (a)  complex of infectious degeneration: grapevine fanleaf virus (GFLV), Arabis mosaic virus (ArMV);

       (b)  grapevine leafroll disease: grapevine leafroll-associated virus 1 (GLRaV-1) and grapevine leafroll-associated virus 3 (GLRaV-3);

       (c)  grapevine fleck virus (GFkV) (only for rootstocks).

       5.1. The stock nurseries intended for the production of initial propagating material shall have been found free from the harmful organisms
           listed under points 5(a), 5(b) and 5(c) by means of an official inspection. This inspection is based on the results of  plant  health
           tests carried out by indexing, or an internationally accepted equivalent testing method referring to all plants. These tests shall be
           confirmed by results of plant health tests carried out on all plants every 5 years, for the organisms listed under  points  5(a)  and
           5(b).

            Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in
           the file where records concerning stock nurseries are kept.

       5.2. The stock nurseries intended for the production of basic propagating material shall have been found free from the  harmful  organisms
           listed under points 5(a) and 5(b) by means of an official inspection. This inspection is based on the results of plant  health  tests
           referring to all plants. These tests shall be carried out at least every 6 years starting from 3 year old stock nurseries.

            In those cases where official annual crop inspections are carried out on all plants, the plant health tests shall be carried  out  at
           least every 6 years starting from 6 year old stock nurseries.

            Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in
           the file where records concerning stock nurseries are kept.

       5.3. The stock nurseries intended for the production of certified material shall have been found  free  from  all  the  harmful  organisms
           listed under point 5(a) and 5(b) by an official inspection. This inspection is based on the results of plant health tests carried out
           by survey according to methods of analysis/control procedures which comply with generally  accepted  and  standardised  norms.  These
           tests shall be carried out at least every 10 years starting from 5 year old stock nurseries.

            In those cases where official annual crop inspections are carried out on all plants, the plant health tests shall be carried  out  at
           least every 10 years starting from 10 year old stock nurseries.

            The failure rate of stock nurseries attributable to the harmful organisms listed under points 5(a) and  5(b)  shall  not  exceed  5%.
           Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in
           the file where records concerning stock nurseries are kept.

       5.4. In the stock nurseries intended for the production of standard material, the failure  rate  attributable  to  the  harmful  organisms
           listed under points 5(a) and 5(b) shall not exceed 10%. Infected plants must be eliminated from  propagation.  Reasons  for  failures
           ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning  stock  nurseries  are
           kept.

       5.5. The cutting nurseries shall have been found free from the harmful organisms listed under point 5(a) and  5(b)  by  the  means  of  an
           annual official crop inspection based on visual methods and,  if  necessary,  supported  by  suitable  tests  and/or  a  second  crop
           inspection.

                                            ê 2005/43/EC Art. 1 and Annex I (adapted)

       5.6  (a)   Member States may decide not to apply points 5.1 and 5.2 until 31 July 2011, in respect of stock nurseries which  were  already
                in existence for the production of initial propagating material or basic propagating material Ö on 14 July 2005 Õ.

           (b)   Member States may decide not to apply point 5.3 until 31 July 2012, in  respect  of  stock  nurseries  which  were  already  in
                existence for the production of certified propagating material Ö on 14 July 2005 Õ.

           (c)   Where Member States decide not to apply points 5.1, 5.2 or 5.3 as described in (a) or (b) above, they shall instead  apply  the
                following rules.

            Harmful virus diseases, especially grapevine fanleaf and leafroll, must be eliminated from crops  intended  for  the  production  of
                initial propagating material and basic material. Crops intended for the production  of  Ö propagating Õ  material  of  the  other
                categories shall be kept free from plants showing symptoms of harmful virus diseases.

                                            ê 2005/43/EC Art. 1 and Annex I

6.    The cutting nurseries shall not be established within a vineyard or a stock nursery. The minimum  distance  from  a  vineyard  or  a  stock
       nursery shall be three metres.

7.    The propagating material used for the production of graftable rootstock cuttings, top graft cuttings,  nursery  cuttings,  rooted  cuttings
       and rooted grafts shall be taken from stock nurseries which have been inspected and approved.

8.    Without prejudice to the official inspection provided under point  5  above,  there  shall  be  at  least  one  official  crop  inspection.
       Additional crop inspections shall be carried out in cases of disputes on matters which can be decided without prejudice to the quality  of
       the propagating material.

                                            ê 2005/43/EC Art. 1 and Annex II

                                                                     ANNEX II

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

                                                 CONDITIONS RELATING TO Ö PROPAGATING Õ MATERIAL

                                            ê 2005/43/EC Art. 1 and Annex II

I.    GENERAL CONDITIONS

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

       1.   The Ö propagating Õ material shall have varietal identity and purity, and if necessary clonal purity; a tolerance of 1%  is  admitted
           at the time of the marketing of standard material.

       2.   The Ö propagating Õ material shall have a minimum technical purity of 96%.

                                            ê 2005/43/EC Art. 1 and Annex II

            The following are considered technical impurities:

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

           (a)    Ö propagating Õ material desiccated wholly or partly, even when it has been steeped in water after desiccation;

           (b)   damaged, bent or injured Ö propagating Õ material, in particular when damaged by hail or frost or when crushed or broken;

                                            ê 2005/43/EC Art. 1 and Annex II

           (c)   material not meeting the requirements under point III below.

       3.   Vine shoots shall have reached a sufficient state of maturity of the wood.

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

       4.   The presence of harmful organisms which reduce the usefulness of the Ö propagating Õ material shall be tolerated only at  the  lowest
           possible level.

             Ö Propagating Õ material presenting clear signs or symptoms ascribable to  harmful  organisms  for  which  there  are  no  efficient
           treatments shall be eliminated

                                            ê 2005/43/EC Art. 1 and Annex II

II.   SPECIAL CONDITIONS

       1.   Rooted grafts

            The rooted grafts consisting of a combination of the same category of reproduction material shall be classified in that category.

            The rooted grafts consisting of a combination of different categories of reproductive material  shall  be  classified  in  the  lower
           category of the elements of which it is composed.

       2.   Temporary derogation

            Member States may decide not to apply the provisions of point 1 until 31 July 2010, in respect of rooted grafts consisting of initial
           propagating material grafted on to basic propagating material. Where Member States decide not to apply point 1,  they  shall  instead
           apply the following rule.

            Rooted grafts consisting of initial propagating material grafted on to basic propagating material  shall  be  classified  as  initial
           propagating material.

III.  GRADING

       1.   Graftable rootstock cuttings, nursery cuttings and top-graft cuttings

            Diameter

            This concerns the largest diameter of the section. This standard does not apply to herbaceous cuttings:

           (a)   graftable rootstock cuttings and top-graft cuttings:

                (i)    top diameter: 6,5 to 12 mm;

                (ii)   maximum butt end diameter: 15 mm, except if this involves top-graft cuttings intended for grafting in situ;

           (b)   nursery cuttings:

            minimum top diameter: 3,5 mm.

       2.   Rooted cuttings

           A.    Diameter

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

            The diameter measured in the middle of the internode, under the extension growth and along to the longest axis, shall  be  at  least
                equal to 5 mm. This standard is not applicable to the rooted cuttings derived from herbaceous Ö propagating Õ material.

                                            ê 2005/43/EC Art. 1 and Annex II

           B.    Length

            The length from the lowest point at which roots emerge to the base of the extension growth shall be not less than:

                (a)    30 cm for rooted cuttings, intended for grafting; however, for rooted cuttings intended for Sicily, this length  shall  be
                    20 cm;

                (b)    20 cm for other rooted cuttings.

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

                  This standard is not applicable to the rooted cuttings derived from herbaceous Ö propagating Õ material.

                                            ê 2005/43/EC Art. 1 and Annex II

           C.    Roots

            Each plant shall have at least three well-developed and well-spaced roots. However, the variety  420  A  may  have  only  two  well-
                developed roots, provided that they are on opposite sides.

           D.    Heel

            The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than one centimetre below it.

       3.   Rooted grafts

           A.    Length

            The stem shall be at least 20 cm in length.

                                            ê 2005/43/EC Art. 1 and Annex II (adapted)

            This standard is not applicable to the rooted grafts derived from herbaceous Ö propagating Õ material.

                                            ê 2005/43/EC Art. 1 and Annex II

           B.    Roots

            Each plant shall have at least three well-developed and well-spaced roots. However, the variety  420  A  may  have  only  two  well-
                developed roots, provided that they are on opposite sides.

           C.    Union

            Each plant shall have an adequate, regular and secure union.

           D.    Heel

            The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than one centimetre below it.

                                            ê 2005/43/EC Art. 1 and Annex III

                                                                    ANNEX III

                                                                    PACKAGING
                                                        Composition of packages or bundles

|1 – Type                                       |2 – Number of individuals                           |3 – Maximum quantity                 |
|1. Rooted grafts                               |25, 50, 100, or multiples of 100                    |500                                  |
|2. Rooted cuttings                             |50, 100, or multiples of 100                        |500                                  |
|3. Top-graft cuttings                          |                                                    |                                     |
|– with at least five usable eyes               |                                                    |                                     |
|– with one usable eye                          |100, or 200                                         |200                                  |
|                                               |500, or multiples of 500                            |5000                                 |
|4. Graftable rootstock cuttings                |100, or multiples of 100                            |1000                                 |
|5. Nursery cuttings                            |100, or multiples of 100                            |500                                  |

Special conditions

I.    Small quantities

                                            ê 2005/43/EC Art. 1 and Annex III (adapted)

       Where necessary, the size (number of individuals) of packages and bundles of all types and categories of Ö propagating Õ  material  listed
       in column 1 above may be smaller than the minimum quantities indicated in column 2 above.

                                            ê 2005/43/EC Art. 1 and Annex III

II.   Plants of vine with roots in any substrate in pots, crates and boxes

       The number of individuals and the maximum quantity do not apply.

                                            ê 2005/43/EC Art. 1 and Annex IV

                                                                     ANNEX IV

                                                                     MARKING

A.    LABEL

       I.   REQUIRED INFORMATION

           1.    EC Standard;

           2.    country of production;

           3.    authority responsible for certification or checking and Member State or their initials;

           4.    name and address of the person responsible for sealing or his identification number;

           5.    species;

           6.    type of material;

           7.    category;

           8.    variety and, where appropriate, the clone. For the rooted grafts this indication applies for the rootstock and the top-graft;

           9.    reference number of batch;

           10.   quantity;

           11.   length - only for the graftable rootstock cuttings: this involves the minimum length of the cuttings of the concerned batch;

           12.   crop year.

       II.  MINIMUM CONDITIONS

            The label shall comply with the following requirements:

           1.    the label shall be indelibly printed and clearly legible;

           2.    the label shall be affixed in a conspicuous place in such a way as to be easily visible;

           3.    information set out in point A.I. shall not in any way be hidden, obscured or interrupted by other written or pictorial matter;

           4.    the information set out in point A.I. shall appear in the same field of vision.

       III. DEROGATION AS REGARDS SMALL QUANTITIES TO FINAL CONSUMER

           1.    More than one unit

            The required information for the label under point I.10 reads: “Exact number of units per package or bundle”.

           2.    One unit only

            The following information set out in point A.I. is not required:

                  – type of material;

                  – category;

                  – reference number of batch;

                  – quantity;

                  – length for the graftable rootstock cuttings;

                  – crop year.

       IV.  DEROGATIONS AS REGARDS VINES IN POTS, CRATES OR BOXES

            In case of plants of vine with roots in any substrate in pots, crates and boxes when the packages of such material cannot fulfil  the
           requirements for sealing (including labelling) due to its composition:

                                            ê 2005/43/EC Art. 1 and Annex IV (adapted)

           (a)   the Ö propagating Õ material shall be kept in separate batches appropriately identified per  variety  and  where  relevant  per
                clone and per number of individuals;

                                            ê 2005/43/EC Art. 1 and Annex IV

           (b)   the official label is not compulsory;

                                            ê 2005/43/EC Art. 1 and Annex IV (adapted)

           (c)   the Ö propagating Õ material shall be accompanied by the accompanying document as laid down under point B.

                                            ê 2005/43/EC Art. 1 and Annex IV

B.    ACCOMPANYING DOCUMENT

       I.   CONDITIONS TO BE FULFILLED

            When Member States require that an accompanying document should be delivered, the document:

           (a)   shall be delivered in at least two copies (consignor and recipient);

           (b)   shall (recipient copy) accompany the delivery from the place of the consignor to the place of recipient;

           (c)   shall indicate all information set out under the following point II concerning the individual batches of the delivery;

           (d)   shall be preserved for at least one year and made available to the official control authority.

       II.  LIST OF INFORMATION TO BE INCLUDED

           1.    EC Standard;

           2.    country of production;

           3.    authority responsible for certification or checking and Member State or their initials;

           4.    progressive number;

           5.    consignor (address, registration No);

           6.    recipient (address);

           7.    species;

           8.    type(s) of the material;

           9.    category(ies);

           10.   variety(ies) and, where applicable, the clone(s). For the rooted grafts this indication applies for the rootstock and the  top-
                graft;

           11.   number of individuals per batch;

           12.   total number of batches;

           13.   date of delivery.

                                            é

                                                                     ANNEX V

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 32)

|Council Directive 68/193/EEC                                                       |                                               |
|(OJ L 93, 17.4.1968, p. 15)                                                        |                                               |
|Council Directive 71/140/EEC                                                        |                                               |
|(OJ L 71, 25.3.1971, p. 16)                                                         |                                               |
|Council Directive 74/648/EEC                                                        |                                               |
|(OJ L 352, 28.12.1974, p. 43)                                                       |                                               |
|Commission Directive 77/629/EEC                                                     |                                               |
|(OJ L 257, 8.10.1977, p. 27)                                                        |                                               |
|Council Directive 78/55/EEC                                                         |only Article 4                                 |
|(OJ L 16, 20.1.1978, p. 23)                                                         |                                               |
|Council Directive 78/692/EEC                                                        |only Article 5                                 |
|(OJ L 236, 26.8.1978, p. 13)                                                        |                                               |
|Commission Directive 82/331/EEC                                                     |                                               |
|(OJ L 148, 27.5.1982, p. 47)                                                        |                                               |
|Council Regulation (EEC) No 3768/85                                                 |only point 30 of the Annex                     |
|(OJ L 362, 31.12.1985, p. 8)                                                        |                                               |
|Council Directive 86/155/EEC                                                        |only Article 3                                 |
|(OJ L 118, 7.5.1986, p. 23)                                                         |                                               |
|Council Directive 88/332/EEC                                                        |only Article 6                                 |
|(OJ L 151, 17.6.1988, p. 82)                                                        |                                               |
|Council Directive 90/654/EEC                                                        |only point II.1 of Annex II                    |
|(OJ L 353, 17.12.1990, p. 48)                                                       |                                               |
|Council Directive 2002/11/EC                                                        |                                               |
|(OJ L 53, 23.2.2002, p. 20)                                                         |                                               |
|Council Directive 2003/61/EC                                                        |only Article 1(3)                              |
|(OJ L 165, 3.7.2003, p. 23)                                                         |                                               |
|Regulation (EC) No 1829/2003 of the European Parliament and of the Council          |only Article 42                                |
|(OJ L 268, 18.10.2003, p. 1)                                                        |                                               |
|Commission Directive 2005/43/EC                                                     |                                               |
|(OJ L 164, 24.6.2005, p. 37)                                                        |                                               |

                                                                      Part B

                                                            Non-repealed amending acts
                                                           (referred to in Article 32)

|1972 Act of Accession                                                                                                                    |
|1979 Act of Accession                                                                                                                    |
|1994 Act of Accession                                                                                                                    |

                                                                      Part C

                                     List of time-limits for transposition into national law and application
                                                           (referred to in Article 32)

|Directive                                        |Time-limit for transposition                            |Date of application                       |
|Directive 68/193/EEC                             |1 July 1969                                             |                                          |
|Directive 71/140/EEC                             |1 July 1972                                             |                                          |
|Directive 74/648/EEC                             |1 July 1976                                             |                                          |
|Directive 77/629/EEC                             |1 July 1978                                             |                                          |
|Directive 78/55/EEC                              |1 July 1977 (Articles 6 and 7(5))                       |                                          |
|                                                 |1 July 1978 (Article 5(2))                              |                                          |
|                                                 |1 July 1979 (Articles 1 to 4, 5(1) and (3) to (6), and  |                                          |
|                                                 |7(1) to (4))                                            |                                          |
|Directive 78/692/EEC                             |1 July 1977 (Articles 1 to 4, 6 and 7)                  |                                          |
|                                                 |1 July 1979 (Article 5)                                 |                                          |
|Directive 82/331/EEC                             |1 July 1982                                             |                                          |
|Directive 86/155/EEC                             |28 February 1986 (Articles 1(2), 3, 4(3), (4) and (5), 5|                                          |
|                                                 |and 6(3) to (8))                                        |                                          |
|                                                 |1 July 1987 (Articles 1(1), (2), (3) and (5), 2, 4(1),  |                                          |
|                                                 |(2) and (6) to (10) and 6(1), (2) and (9))              |                                          |
|Directive 88/332/EEC                             |29 June 1988                                            |                                          |
|Directive 90/654/EEC                             |13 December 1990                                        |                                          |
|Directive 2002/11/EC                             |23 February 2003                                        |                                          |
|Directive 2003/61/EC                             |10 October 2003                                         |                                          |
|Directive 2005/43/EC                             |31 July 2006                                            |1 August 2006                             |

                                                            __________________________

                                                                     ANNEX VI

                                                                Correlation Table

|Directive 68/193/EEC                                                 |This Directive                                                       |
|Article 1                                                            |Article 1                                                            |
|Article 2(1), introductory words                                     |Article 2(1), introductory words                                     |
|Article 2(1)(A)                                                      |Article 2(1)(1)                                                      |
|Article 2(1)(AA)                                                     |Article 2(1)(2)                                                      |
|Article 2(1)(AB)                                                     |Article 2(1)(3)                                                      |
|Article 2(1)(B), introductory words                                  |Article 2(1)(4), introductory words                                  |
|Article 2(1)(B)(i), introductory words                               |Article 2(1)(4)(a), introductory words                               |
|Article 2(1)(B)(i)(a)                                                |Article 2(1)(4)(a)(i)                                                |
|Article 2(1)(B)(i)(b)                                                |Article 2(1)(4)(a)(ii)                                               |
|Article 2(1)(B)(ii), introductory words                              |Article 2(1)(4)(b), introductory words                               |
|Article 2(1)(B)(ii)(a)                                               |Article 2(1)(4)(b)(i)                                                |
|Article 2(1)(B)(ii)(b)                                               |Article 2(1)(4)(b)(ii)                                               |
|Article 2(1)(B)(ii)(c)                                               |Article 2(1)(4)(b)(iii)                                              |
|Article 2(1)(B)(ii)(d)                                               |Article 2(1)(4)(b)(iv)                                               |
|Article 2(1)(B)(ii)(e)                                               |Article 2(1)(4)(b)(v)                                                |
|Article 2(1)(C) and (D)                                              |Article 2(1)(5) and (6)                                              |
|Article 2(1)(DA), introductory words                                 |Article 2(1)(7), introductory words                                  |
|Article 2(1)(DA)(a)                                                  |Article 2(1)(7)(a)                                                   |
|Article 2(1)(DA)(b)                                                  |Article 2(1)(7)(b)                                                   |
|Article 2(1)(DA)(c), first sentence                                  |Article 2(1)(7)(c)                                                   |
|Article 2(1)(DA)(c), second sentence                                 |Article 30(2)                                                        |                                                                     |
|Article 2(1)(DA)(d)                                                  |Article 2(1)(7)(d)                                                   |
|Article 2(1)(E)                                                      |Article 2(1)(8)                                                      |
|Article 2(1)(F), introductory words                                  |Article 2(1)(9), introductory words                                  |
|Article 2(1)(F)(a)                                                   |Article 2(1)(9)(a)                                                   |
|Article 2(1)(F)(b), introductory words                               |Article 2(1)(9)(b), introductory words                               |
|Article 2(1)(F)(b), first indent                                     |Article 2(1)(9)(b)(i)                                                |
|Article 2(1)(F)(b), second indent                                    |Article 2(1)(9)(b)(ii)                                               |
|Article 2(1)(F)(c) and (d)                                           |Article 2(1)(9)(c) and (d)                                           |
|Article 2(1)(G), introductory words                                  |Article 2(1)(10), introductory words                                 |
|Article 2(1)(G)(a)                                                   |Article 2(1)(10)(a)                                                  |
|Article 2(1)(G)(b), introductory words                               |Article 2(1)(10)(b), introductory words                              |
|Article 2(1)(G)(b), first indent                                     |Article 2(1)(10)(b)(i)                                               |
|Article 2(1)(G)(b), second indent                                    |Article 2(1)(10)(b)(ii)                                              |
|Article 2(1)(G)(c) and (d)                                           |Article 2(1)(10)(c) and (d)                                          |
|Article 2(1)(H)                                                      |Article 2(1)(11)                                                     |
|Article 2(1)(I), first subparagraph                                  |Article 2(1)(12)                                                     |
|Article 2(1)(I), second and third subparagraph                       |Article 2(2)                                                         |
|Article 2(2)                                                         |-                                                                    |
|Article 3(1)                                                         |Article 3(1)                                                         |
|Article 3(2)                                                         |-                                                                    |
|Article 3(3)                                                         |Article 3(2)                                                         |
|Article 3(4)                                                         |Article 3(3)                                                         |
|Article 3(5)                                                         |Article 3(4)                                                         |
|Article 4                                                            |Article 4                                                            |
|Article 5                                                            |Article 5                                                            |
|Article 5a                                                           |Article 6                                                            |
|Article 5b                                                           |Article 7                                                            |
|Article 5ba(1) and (2)                                               |Article 8(1) and (2)                                                 |
|Article 5ba(3)(a)                                                    |Article 8(3), first subparagraph                                     |
|Article 5ba(3)(b)                                                    |Article 8(3), second subparagraph                                    |
|Article 5c                                                           |Article 9                                                            |
|Article 5d                                                           |Article 10                                                           |
|Article 5e                                                           |Article 11                                                           |
|Article 5f                                                           |Article 12                                                           |
|Article 5g                                                           |Article 13                                                           |
|Article 7                                                            |Article 14                                                           |
|Article 8                                                            |Article 15                                                           |
|Article 9                                                            |Article 16                                                           |
|Article 10                                                           |Article 17                                                           |
|Article 10a                                                          |Article 18                                                           |
|Article 11                                                           |Article 19                                                           |
|Article 12                                                           |Article 20                                                           |
|Article 12a                                                          |Article 21                                                           |
|Article 13                                                           |Article 22                                                           |
|Article 14                                                           |Article 23                                                           |
|Article 14a                                                          |Article 24                                                           |
|Article 15(1)                                                        |Article 25(1)                                                        |
|Article 15(2)(a)                                                     |Article 25(2), first subparagraph                                    |
|Article 15(2)(b)                                                     |Article 25(2), second subparagraph                                   |
|Article 15(2)(c)                                                     |Article 25(2), third subparagraph                                    |
|Article 16(1), introductory words                                    |Article 26(1), first subparagraph, introductory words                |
|Article 16(1), first indent                                          |Article 26(1), first subparagraph, point (a)                         |
|Article 16(1), second indent                                         |Article 26(1), first subparagraph, point (b)                         |
|Article 16(1), third indent                                          |Article 26(1), first subparagraph, point (c)                         |
|Article 16(2)                                                        |Article 26(1), second subparagraph                                   |
|Article 16(3)                                                        |Article 26(2)                                                        |
|Article 16(4)                                                        |Article 26(3)                                                        |
|Article 16(5)                                                        |Article 26(4)                                                        |
|Article 16(6)                                                        |Article 26(5)                                                        |
|Article 16a                                                          |-                                                                    |
|Article 16b                                                          |-                                                                    |
|Article 17                                                           |Article 27                                                           |
|Article 17a                                                          |Article 28                                                           |
|Article 18                                                           |Article 29                                                           |
|Article 18a                                                          |Article 30(1)                                                        |
|Article 18b                                                          |Article 31                                                           |
|Article 19                                                           |-                                                                    |
|-                                                                    |Article 32                                                           |
|-                                                                    |Article 33                                                           |
|Article 20                                                           |Article 34                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|Annex III                                                            |Annex III                                                            |
|Annex IV                                                             |Annex IV                                                             |
|-                                                                    |Annex V                                                              |
|-                                                                    |Annex VI                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   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]   See Annex V, Part A of this proposal.
[5]   OJ C
[6]   OJ C
[7]   OJ L 93, 17.4.1968, p. 15. Directive as last amended by Commission Directive 2005/43/EC (OJ L 164, 24.6.2005, p. 37).
[8]   See Annex V, Part A.
[9]   OJ L 106, 17.4.2001, p. 1. Directive as last amended by Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
[10]  OJ L 184, 17.7.1999, p. 23.
[11]  OJ L 179, 17.7.1999, p. 1.
[12]  OJ L 268, 18.10.2003, p. 1.
[13]  OJ L 31, 1.2.2002, p. 1.
[14]  OJ L 4, 8.1.1993, p. 22.
[15]  OJ L 169, 10.7.2000, p. 1.
[16]  OJ L 55, 2.3.1968, p. 1.