CELEX: 51991PC0406
Language: en
Date: 1991-10-25
Title: Amended proposal for a COUNCIL REGULATION ( EEC ) on the marketing of young plants and propagating material other than seeds, of vegetables

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                 COMMISSION OF THE EUROPEAN                                        COMVIUNITIES
                                                                    COM(91)406           final
                                                                    B r u s s e l s , 25 October 1991
                                                 Amended proposal for a
                                                COUNCIL REGULATION fEECl
                                                   on the marketing of
                         young plants and propagating material other than seeds,
                                                        of vegetables
                       ( p r e s e n t e d by the Commission pursuant t o A r t i c l e   149(3)
                                                   of the EEC-Treaty)
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                          EXPLANATORY MEMORANDUM
At its session of 11 July 1991, the European Parliament delivered its
opinion on the Commission proposal contained in document COM(89)649
Final, concerning a proposal for a Council Regulation on the marketing
of young plants and propagating material other than seeds, of
vegetables.d)
The present amended proposal takes into account amendments suggested by
the European Parliament on which the Commission has taken a favourable
pos i t i on.
(1)   O.J. N* C 46, 27.02.1990, p.4
 ---pagebreak---                           Amended proposal for a
                  COUNCIL REGULATION on the marketing of
         young plants and propagating material other than seeds,
                               of vegetables
In response to the opinion delivered by the European Parliaments^ on
the proposal for a Council Regulation sent by the Commission to the
Council on 21 December 1989 on the marketing of young plants and
propagating material other than seeds, of vegetables, and in accordance
with the third paragraph of Article 149 of the Treaty establishing the
European Economic Community, the Commission has decided to amend the
aforementioned proposal as follows :
1.   The eighth recital is amended as follows :
     Whereas, without prejudice to the health provisions laid down in
     Directive 77/93/EEC. it is not appropriate to apply the Community
     rules to young plants and propagating material shown to be intended
     for export to third countries as the rules applicable there may be
     different from those contained in this Regulation.
2.   Article 1   is amended as follows :
     This Regulation applies to propagating material, other than seeds,
     of vegetables, marketed within the Community.
3.   Article 2   is amended as follows :
     This Regulation shall not apply to young plants or propagating
     material shown to be intended for export to third countries,
     without prejudice to the health provisions laid down in Djrectjye
     77/93/EEC.
 (1) O.J. N* C240, 16.09.1991, p.193
 ---pagebreak--- 4. A r t i c l e 3 ( a ) ( 1 ) Second subparagraph   is amended as follows :
   The following vegetable species shall come under the rules laid
   down in Articles 3, 4, 6 to 15 and 18 of this Regulation
   - the species listed             in Directive 70/458/EEC
    - cynara scoiymus L. (Artichoke)
   - Allium sativum L. (Garlic)
   - Ai Hum. fj^UUeaiim..L^.csj2rlrtfl on J Qua
   - Rheum (Rhubarb)
5. Article 3 (d) is amended as follows :
   (d) Measures are "official" if taken by the competent national
           author ity or by other public or private sector agents acting by
           delegation from that authority and/or under its supervision for
           that purpose.
6. Article II (I) is amended as follows             :
   1. If, during the official inspections referred to in Article 6(2)
        or the official control referred to in Article 10, it is
         repeatedly found that young plants or propagating material
        marketed by a particular supplier does not comply with the
         requirements and conditions of this Regulation, the Member State
        concerned may ensure that for a specified period the supplier is
        forbidden to market young plants or propagating material, as the
        case may be. The Commission shall ensure the correct application
        of the bans and penalties provided for.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (91) 406 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-91-457-EN-C
                                                             ISBN 92-77-76698-0
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