CELEX: 51992FC0033
Language: en
Date: 2006-12-08
Title: Proposal for a Council Directive …/…/EC of […] on the marketing of vegetable propagating and planting material, other than seed (Codified version)

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

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                 on the marketing of vegetable propagating and planting material, other than seed

                                                                (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 92/33/EEC of 28 April 1992 on the marketing  of  vegetable
       propagating and planting material, other than seed[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 bringing 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  92/33/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 IV to the codified Directive.

                                            ê 92/33/EEC (adapted)

                                                                  Proposal for a

                                                             COUNCIL DIRECTIVE …/…/EC

                                                                      of […]

                                 on the marketing of vegetable propagating and planting material, other than seed

                                                          Ö (Text with EEA relevance) Õ

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 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed[7]  has  been
      substantially amended several times[8]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 92/33/EEC Recital 1

   2) The production of vegetables occupies an important place in the agriculture of the Community.

                                            ê 92/33/EEC Recital 2 (adapted)

   3) Satisfactory results in the cultivation of vegetables depend to a large extent on the quality and plant health not only of the seed already
      covered by Council Directive Ö 2002/55/EC of 13 June 2002 Õ on the marketing of vegetable  seed[9]  but  also  of  the  vegetable  planting
      material used for their propagation.

                                            ê 92/33/EEC recital 3 (adapted)

   4) The different treatment accorded to vegetable propagating and planting material in different Member States is likely to create barriers  to
      trade and thus hinder the free movement of these products within the Community.

   5) ê 92/33/EEC Recital 4 (adapted)

   6) Ö H Õ armonized conditions at Community level ensure that purchasers throughout the Community receive vegetable  propagating  and  planting
      material which is healthy and of good quality.

                                            ê 92/33/EEC Recital 5 (adapted)

   7) In so far as they relate to plant health, such harmonized conditions must be consistent with Council Directive Ö 2000/29/EC of 8 May 2000 Õ
      on protective measures against the introduction into the Ö Community Õ of organisms harmful to plants or plant products Öand against  their
      spread within the Community Õ[10].

                                            ê 92/33/EEC Recital 6 (adapted)

   8) Without prejudice to the plant-health provisions of Directive Ö 2000/29/EC Õ , it is not appropriate to apply the Community  rules  on  the
      marketing of vegetable propagating and planting material when it is shown that such products are intended for export to third countries, as
      the rules applicable there may be different from those contained in this Directive.

                                            ê 92/33/EEC Recital 7

   9) The determination of plant-health and quality standards for each genus and  species  of  vegetable  plant  requires  lengthy  and  detailed
      technical and scientific consideration. A procedure should accordingly be established for that purpose.

                                            ê 92/33/EEC Recital 8

  10) In the first instance it is the responsibility of the suppliers of vegetable  propagating  and  planting  material  to  ensure  that  their
      products fulfil the conditions laid down in this Directive.

                                            ê 92/33/EEC Recital 9 (adapted)

  11) The competent authorities of the Member States Ö should Õ , when carrying out controls and inspections, ensure that suppliers fulfil  those
      conditions.

                                            ê 92/33/EEC Recital 10 (adapted)

  12) Community control measures should be Ö provided for Õ to ensure the uniform application in all the Member States of the standards laid down
      in this Directive.

                                            ê 92/33/EEC Recital 11

  13) It is in the interests of the purchasers of vegetable propagating and planting materials that the name of  varieties  be  known  and  their
      identity safeguarded.

                                            ê 92/33/EEC Recital 12

  14) To this end, provision should be made as far as possible for the application of the rules  on  the  varietal  aspect  as  established  with
      respect to the marketing of vegetable seed.

                                            ê 92/33/EEC Recital 13 (adapted)

  15) In order to ensure the identity and orderly marketing of vegetable propagating and planting material, Community rules Ö should  Õ  be  laid
      down concerning the separation of lots, and marking. The labels used should give the particulars needed both for official control  and  for
      the information of the user.

                                            ê 92/33/EEC Recital 14

  16) Rules should be established permitting, in cases of temporary supply difficulties, the marketing  of  vegetable  propagating  and  planting
      material subject to requirements less stringent than those contained in this Directive.

  17) ê 92/33/EEC Recital 15 (adapted)

  18) Member States should be prohibited in the case of the genera and species referred to in Annex II, for which Ö schedules Õ will be drawn up,
      from imposing new conditions or restrictions on the marketing, other than those provided for in this Directive.

                                            ê 92/33/EEC Recital 16

  19) Provisions should be made for authorizing the marketing within the Community of vegetable propagating and  planting  material  produced  in
      third countries, provided always that it affords the same assurances as  vegetable  propagating  and  planting  material  produced  in  the
      Community and complying with Community rules.

                                            ê 92/33/EEC Recital 17

  20) In order to harmonize technical methods of examination used in the Member States and to  compare  propagating  and  planting  material  and
      vegetable plants produced in the Community with that produced in third countries,  comparative  trials  should  be  carried  out  to  check
      compliance of such products with the requirements of this Directive.

                                            ê 92/33/EEC Recital 18 (adapted)

  21) Ö The measures necessary for the implementation of this 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[11]. Õ

                                            ê .

  22) 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 III, Part B,

                                            ê 92/33/EEC (adapted)

HAS ADOPTED THIS DIRECTIVE:

                                                                    Article 1

1. This Directive applies to the marketing of vegetable propagating and planting materials, other than seeds, within the Community.

2. Articles 2 to 20 and 23 shall apply to the genera and species, and their hybrids, listed in Annex II.

Rootstocks and other parts of plants of other genera or species or their hybrids shall also be subject to Ö those Õ Articles if material  of  one
of the said genera or species, or of their hybrids, is, or has to be, grafted on to them.

3. Amendments to the list of genera and species in Annex II shall be adopted  in  accordance  with  the  procedure  Ö referred  to Õ  in  Article
Ö 21(3) Õ .

                                                                    Article 2

This Directive shall not apply to propagating or planting material shown to be intended for export to third countries, if properly identified  as
such and kept sufficiently isolated, without prejudice to the health rules laid down in Directive Ö 2000/29/EC Õ .

Implementing measures for the first paragraph, with particular reference to identification and isolation, shall be  adopted  in  accordance  with
the procedure Ö referred to Õ in Article 21 Ö (2) Õ .

                                            ê 92/33/EEC

                                                                    Article 3

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

(a)   propagating material: parts of plants and all plant  material,  including  rootstocks  intended  for  the  propagation  and  production  of
       vegetables;

(b)   planting material: entire plants and parts of plants including, for grafted plants, the grafted components, intended for planting  for  the
       production of vegetables;

(c)   supplier: any natural or legal person carrying out professionally at least one  of  the  following  activities  with  regard  to  vegetable
       propagating and planting material: reproducing, producing, preserving and/or treating and marketing;

(d)   marketing: the holding available or in stock, displaying or offering for sale, selling and/or delivering to  another  person,  in  whatever
       form, of propagating or planting material;

(e)   responsible official body:

       (i)  the sole and central authority, established or designated by the Member State under the supervision of the  national  government  and
           responsible for questions concerning quality;

       (ii) any State authority established:

              – either at national level,

              – or at regional level, under the supervision of the national authorities within the limits set by the national legislation of  the
                Member State concerned.

                                            ê 92/33/EEC (adapted)

      The bodies referred to in (i) and (ii) may, in accordance with their  national  legislation,  delegate  the  tasks  provided  for  in  this
       Directive to be accomplished under their authority and supervision to any legal person, whether governed by public or private law,  which,
       under its officially approved Ö statute Õ , is charged exclusively with specific public functions, provided  that  such  person,  and  its
       members, Ö has Õ no personal interest in the outcome of the measures Ö it Õ take Ö s Õ .

      The Member States shall ensure that there is close cooperation between the bodies referred to in (ii) and those referred to in (i).

      Moreover, in accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ , another legal person established on behalf of  any  body
       referred to in (i) and (ii) and acting under the authority and supervision of such body may be approved, provided that such person has  no
       personal interest in the outcome of the measures it takes.

                                            ê 92/33/EEC

      The Member States shall notify the Commission of their responsible official bodies. The Commission shall forward that  information  to  the
       other Member States;

(f)   official measures: measures taken by the responsible official body;

(g)   official inspection: inspection carried out by the responsible official body;

(h)   official statement: statement issued by, or under the responsibility of, the responsible official body;

(i)   lot: a number of units of a single commodity, identifiable by its homogeneity of composition and origin;

(j)   laboratory: a public or private law entity carrying out analysis  and  proper  diagnosis,  enabling  the  producer  to  monitor  production
       quality.

                                            ê 92/33/EEC (adapted)

                                                                    Article 4

In accordance with the procedure Ö referred to Õ in Article Ö 21(3) Õ, a schedule shall be established in Annex I  for  each  genus  and  species
referred to in Annex II and for rootstocks of other genera and species if material of the genus or species is, or has to be, grafted on to  them,
with a reference to the plant-health conditions laid down in Directive Ö 2000/29/EC Õ applying to the genus and/or species concerned, and  laying
down:

( Ö a Õ )   the conditions with which vegetable planting material must comply, in particular those relating to the  quality  and  purity  of  the
       crop and, where appropriate varietal characteristics. These requirements shall be added to Annex I, Part A;

( Ö b Õ )   the conditions with which propagating material must comply, in particular those relating  to  the  propagation  system  applied,  the
       purity of the growing crop and, where appropriate, the varietal characteristics. These conditions Ö shall Õ be set out in Annex I, Part B.

                                            ê 92/33/EEC

                                                                    Article 5

1. Member States shall ensure that suppliers take all the necessary measures to guarantee compliance with the standards set by this Directive  at
all stages of the production and marketing of vegetable propagating and planting material.

2. For the purposes of paragraph 1, the said suppliers shall either carry out themselves, or have carried out by  an  accredited  supplier  or  a
responsible official body, checks based on the following principles:

     – identification of critical points in their production process on the basis of the production methods used,

     – establishment and implementation of methods for monitoring and checking the critical points referred to in the first indent,

     – taking samples for analysis in a laboratory accredited by the responsible official body for the purpose of checking  compliance  with  the
       standards established by this Directive,

     – keeping a written record or a record registered in an indelible fashion of the data referred to in the first, second  and  third  indents,
       as well as records on production and marketing of propagating and planting material, to  be  held  at  the  disposal  of  the  responsible
       official body. These documents and records shall be kept for a period of at least one year.

However, suppliers whose activity in this connection is confined merely to the  distribution  of  vegetable  propagating  and  planting  material
produced and packaged on premises other than their own shall be required only to keep a written record or a record  registered  in  an  indelible
fashion of the buying and selling and/or delivery of such products.

This paragraph shall not apply to suppliers whose activity in this connection is  confined  to  the  supply  of  small  quantities  of  vegetable
propagating and planting material to non-professional final consumers.

                                            ê 92/33/EEC (adapted)

3. If the result of their own checks or any information at the disposal of the suppliers referred to in paragraph 1 reveals the presence  of  one
or more of the harmful organisms referred to in Directive Ö 2000/29/EC Õ or in quantities greater than those normally allowed  for  in  order  to
meet the standards, or of those specified in the relevant schedules established pursuant to Article 4, the  suppliers  shall  immediately  report
this to the responsible official body and shall take the measures indicated by that body or any other measure necessary to  reduce  the  risk  of
such harmful organisms from spreading. The supplier shall keep records of all occurrences of  harmful  organisms  on  his  premises  and  of  all
measures taken in relation to such occurrences.

4. Detailed rules for the application of the second subparagraph of paragraph 2 shall be established in accordance with the procedure  Ö referred
to Õ in Article 21 Ö (2) Õ .

                                            ê 92/33/EEC

                                                                    Article 6

1. The responsible official body shall accredit suppliers once it has  verified  that  their  production  methods  and  establishments  meet  the
requirements of this Directive with regard to the nature of the activities they carry out. Accreditation must be renewed if  a  supplier  decides
to carry out activities other than those for which he has received accreditation.

                                            ê 92/33/EEC (adapted)

2. The responsible official  body  shall  accredit  laboratories  once  it  has  verified  that  these  laboratories,  their  methods  and  their
establishments meet the requirements of this Directive to be specified according to the procedure Ö referred to Õ in Article 21  Ö (2) Õ  ,  with
regard to the testing activities they carry out. Accreditation must be renewed if a laboratory decides to carry out activities other  than  those
for which it has received accreditation.

                                            ê 92/33/EEC

3. The responsible official body shall take the necessary measures if the requirements referred to in paragraphs 1 and 2  cease  to  be  met.  To
this end, it shall take particular account of the conclusions of any check carried out in accordance with Article 7.

                                            ê 92/33/EEC (adapted)

4. The supervision and monitoring of suppliers, establishments and laboratories shall be carried out regularly by or under the responsibility  of
the responsible official body, which shall at all times have free access to all parts of establishments, in order to ensure compliance  with  the
requirements of this Directive. Implementing measures concerning supervision and monitoring shall be adopted, as necessary,  in  accordance  with
the procedure Ö referred to Õ in Article 21 Ö (2) Õ .

                                            ê 92/33/EEC

If such supervision and monitoring reveal that the requirements of this Directive are not being met, the responsible  official  body  shall  take
appropriate action.

                                                                    Article 7

1. Commission experts may, in cooperation with the responsible official bodies of the Member States, make on-the-spot checks in so  far  as  this
is necessary to ensure uniform application of this Directive, and in particular to verify whether suppliers are  in  effect  complying  with  the
requirements of this Directive. A Member State in whose territory a check is being carried  out  shall  give  all  necessary  assistance  to  the
experts in carrying out their duties. The Commission shall inform the Member States of the result of the investigations.

                                            ê 92/33/EEC (adapted)

2. Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ .

                                            ê 92/33/EEC

                                                                    Article 8

1. Vegetable propagating and planting material may be marketed only by accredited suppliers and provided that they  meet  the  requirements  laid
down in the schedule referred to in Article 4.

                                            ê 92/33/EEC (adapted)

2. Without prejudice to the provisions of Directive Ö 2000/29/EC Õ , paragraph 1 shall not apply to vegetable propagating and  planting  material
intended for:

(a)   trials or scientific purposes; or

(b)   selection work; or

(c)   measures aimed at preserving genetic diversity.

3. Detailed rules for the application of points (a) Ö , Õ (b) Ö and (c) of paragraph 2 Õ shall be adopted as necessary  in  accordance  with  the
procedure Ö referred to Õ in Article 21 Ö (2) Õ .

                                                                    Article 9

1. Without prejudice to Article 2, vegetable propagating and planting material which belongs to genera or species listed in Annex II and is  also
covered by Directive Ö 2002/55/EC Õ shall not be marketed within the Community unless it  belongs  to  a  variety  accepted  in  accordance  with
Directive Ö 2002/55/EC Õ .

2. Without prejudice to Article 2 and paragraphs 3 and 4 of this Article, vegetable propagating and planting material which belongs to genera  or
species listed in Annex II but which is not covered by Directive Ö 2002/55/EC Õ shall not be marketed within the Community unless it  belongs  to
a variety officially accepted in at least one Member State.

The provisions laid down in Articles 4, 5 and Ö 9 Õ (3) of Directive Ö 2002/55/EC Õ shall apply to the conditions for acceptance.

Articles 3(2) and (4), 6, 7, 8, Ö 9 Õ (1), (2) and (4) and Ö 10 Õ to 15 of the said Directive shall apply mutatis mutandis to the procedures  and
formalities for acceptance and maintenance production.

The results of unofficial tests and practical information gathered in the course of growing may be taken into consideration in each instance.

3. Member States shall take all necessary steps to ensure that the official acceptance of varieties belonging to the genera or  species  referred
to in paragraph 2 which was granted prior to 1 January 1993 in accordance with principles other than those laid down in Directive  Ö 2002/55/EC Õ
or on the basis of the fact that their material was marketed in their territory before that date expires on 30 June 1998 at  the  latest,  unless
the varieties in question have been accepted in accordance with paragraph 1 on the date.

4. Varieties officially accepted in accordance with paragraphs 2 and 3 shall be entered  in  the  Common  Catalogue  of  Varieties  of  Vegetable
Species referred to in Article 17 of Directive Ö 2002/55/EC Õ . Articles 16(2) , 17, 18 and 19 of that Directive shall apply mutatis mutandis.

The publication in question shall designate the varieties accepted pursuant to paragraph 3 with a specific reference.

                                            ê 92/33/EEC

                                                                    Article 10

1. While growing and during lifting or removal from the parent material, vegetable propagating and planting material shall be  kept  in  separate
lots.

2. If vegetable propagating and planting material of different origins is put together or  mixed  during  packaging,  storage,  transport  or  at
delivery, the supplier shall keep records including the following data: composition of the lot and origin of the individual components.

3. Member States shall ensure compliance with the requirements of paragraphs 1 and 2 by carrying out official inspections.

                                                                    Article 11

1. Without prejudice to Article 10(2), vegetable propagating and planting material shall be marketed only in sufficiently  homogeneous  lots  and
if they are recognized as complying with this Directive and are accompanied by a document made  out  by  the  supplier  in  accordance  with  the
conditions laid down in the schedule established pursuant to Article 4. If an official statement appears on this document, it  shall  be  clearly
separated from all other contents of the document.

Requirements on vegetable propagating and planting material for labelling and/or sealing and packaging shall be set out in the schedule  referred
to in Article 4.

2. In the case of supply by the retailer of vegetable propagating and planting material to a non-professional  final  consumer,  requirements  on
labelling may be confined to appropriate product information.

                                                                    Article 12

1. Member States may exempt:

(a)   from the application of Article 11, small producers all of whose production and sales of vegetable propagating  and  planting  material  is
       intended for final use by persons on the local market who are not professionally involved in plant production (“local circulation”).

(b)   from the controls and official inspection provided for in  Article  18,  the  local  circulation  of  vegetable  propagating  and  planting
       materials produced by such exempt persons.

                                            ê 92/33/EEC (adapted)

2. In accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ , implementing measures relating to other requirements  concerning  the
exemptions referred to in Ö paragraph 1 of this Article Õ , in particular as regards the concepts of “small producers” and  “local  market”,  and
to the relevant procedures, shall be adopted.

                                                                    Article 13

In the event of temporary difficulties in the supply of  vegetable  propagating  and  planting  material  satisfying  the  requirements  of  this
Directive, measures may be adopted, in accordance with the procedure Ö referred to Õ  in  Article  21  Ö (2) Õ  ,  concerning  the  marketing  of
vegetable propagating and planting material meeting less stringent requirements, without  prejudice  to  the  plant-health  rules  laid  down  in
Directive Ö 2000/29/EC Õ .

                                            ê 92/33/EEC

                                                                    Article 14

1. The marketing of vegetable propagating and planting material which complies with the requirements and conditions of this  Directive  shall  be
subject to no restrictions as regards supplier, plant health, growing medium and inspection arrangements other  than  those  laid  down  in  this
Directive.

2. The marketing of vegetable propagating and planting material whose variety is entered in  the  Common  Catalogue  of  Varieties  of  Vegetable
Species shall not be subject to any restriction as regards variety other than those laid down or referred to in this Directive.

                                            ê 92/33/EEC (adapted)
                                            è1 2005/55/EC Art. 1

                                                                    Article 15

As regards the products referred to in Annex II, Member States shall refrain from imposing more stringent conditions  or  marketing  restrictions
other than the conditions laid down in the schedules referred to in Article 4 or, failing that, those existing on Ö 28 April 1992 Õ .

                                                                    Article 16

1. In accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ , it shall  be  decided  whether  vegetable  propagating  and  planting
material produced in a third country and affording the same guarantees as regards obligations on the supplier, identity,  characteristics,  plant
health, growing medium, packaging, inspection arrangements, marking and sealing, is equivalent in all these  respects  to  vegetable  propagating
and planting material produced in the Community and complying with the requirements and conditions of this Directive.

2. Pending the decision referred to in paragraph 1, Member States may, until è1 31 December 2007 ç , and without prejudice to the  provisions  of
Directive Ö 2000/29/EC Õ , apply to the import of  vegetable  propagating  and  planting  material  from  third  countries  conditions  at  least
equivalent to those laid down temporarily or permanently in the schedules referred to in Article 4. Where no such conditions  are  laid  down  in
the said schedules, the import conditions must be at least equivalent to those applicable to production in the Member State concerned.

In accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ , the date referred to in the first  subparagraph  may,  for  the  various
third countries, be deferred pending the decision referred to in paragraph 1.

                                            ê 92/33/EEC

Vegetable propagating and planting material imported by a Member State in accordance with a decision taken by that Member State pursuant  to  the
first subparagraph shall be subject to no marketing restrictions in the other Member States as regards the matters referred to in paragraph 1.

                                                                    Article 17

Member States shall ensure that official inspection by sampling checks on propagating and planting material is carried out during production  and
marketing, with the aim of verifying compliance with the requirements and conditions of this Directive.

                                                                    Article 18

                                            ê 92/33/EEC (adapted)

Detailed implementing procedures for the controls provided for in Article 5 and for the official inspection provided for in Articles 10  and  17,
including sampling methods, shall be adopted, as necessary, in accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ .

                                            ê 92/33/EEC

                                                                    Article 19

1. If, during the supervision and monitoring provided for in Article 6(4), the official inspection provided for in  Article  17,  or  the  trials
provided for in Article 20, it is found that vegetable propagating and planting material does not meet the requirements of  this  Directive,  the
responsible official body of the Member State shall take appropriate action to ensure that it does comply with the provisions of  this  Directive
or, if that is not possible, to ban the marketing of that vegetable propagating and planting material in the Community.

2. If it is found that vegetable propagating and planting material marketed by a particular supplier does not comply with  the  requirements  and
conditions of this Directive, the Member State concerned shall ensure that appropriate measures are taken against that supplier. If the  supplier
is forbidden to market vegetable propagating and planting material, the Member State shall notify  the  Commission  and  the  competent  national
authorities in the Member States.

3. Any measures taken under paragraph 2 shall be withdrawn as soon as it  has  been  established  with  adequate  certainty  that  the  vegetable
propagating and planting material intended for marketing by the supplier will, in future, comply with the requirements  and  conditions  of  this
Directive.

                                            ê 2003/61/EC Art. 1 pt. 4

                                                                    Article 20

1. Trials, or, where appropriate, tests shall be carried out in the Member States on samples to check that  vegetable  propagating  and  planting
material complies with the requirements and conditions of this Directive, including those relating to plant health. The Commission  may  organise
inspections of the trials by representatives of the Member States and of the Commission.

2. Community comparative tests and trials may be carried out within the Community for the post-control of samples of  vegetable  propagating  and
planting material placed on the market under the provisions of this Directive whether mandatory or discretionary,  including  those  relating  to
plant health. The comparative tests and trials may include the following:

     – vegetable propagating and planting material produced in third countries,

     – vegetable propagating and planting material suitable for organic farming,

     – vegetable propagating and planting material marketed in relation to measures aimed at preserving genetic diversity.

3. These comparative tests and trials shall be used to harmonise the technical methods of  examination  of  vegetable  propagating  and  planting
material and to check satisfaction of the conditions with which the material must comply.

                                            ê 2003/61/EC Art. 1 pt. 4 (adapted)

4. The Commission, acting in accordance with the procedure referred to in Article 21 Ö (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 21 Ö (2) Õ 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.

5. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 2 and 3.

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

6. 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 21 Ö (2) Õ .

7. The tests and trials foreseen in paragraphs 2 and  3  may  be  performed  only  by  State  authorities  or  legal  persons  acting  under  the
responsibility of the State.

                                            ê 806/2003, Article 2 and Annex II, pt. 6 (adapted)

                                                                    Article 21

1. The Commission shall be assisted by a committee,  referred  to  as  the  “Standing  Committee  on  Ö Seeds  and  Propagating  Materials  for Õ
Agricultural, Horticultural and Forestry ” Ö , hereinafter referred to as “the Committee” Õ .

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

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

                                            ê 806/2003, Article 3 and Annex III, pt. 27 (adapted)

3. Where reference is made to this Ö paragraph Õ , 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 set at three months.

                                            ê 806/2003, Article 2 and Annex II, pt. 6

4. The Committee shall adopt its Rules of Procedure.

                                            ê 92/33/EEC (adapted)

                                                                    Article 22

Amendments to the schedules referred to in Article 4 and to the conditions and detailed rules adopted for the implementation  of  this  Directive
shall be adopted in accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ .

                                            ê 92/33/EEC

                                                                    Article 23

1. Member States shall ensure that vegetable propagating and planting material produced in their territory and intended  for  marketing  complies
with the requirements of this Directive.

2. If it is found, during an official inspection, that vegetable propagating and planting material cannot, by reason  of  non-compliance  with  a
condition relating to plant health, be marketed, the Member State concerned shall take appropriate official measures to eliminate any  consequent
plant-health risk.

                                            ê 92/33/EEC (adapted)

Article 24

As far as Articles 5 to 11, 14, 15, 17, 19 and 23 are concerned, the date of application for each of the genera or species referred to  in  Annex
II shall be fixed in accordance with the procedure Ö referred to Õ in Article 21 Ö (2) Õ , when the schedule referred to Article 4 is drawn up.

                                            ê .

                                                                    Article 25

Directive 92/33/EEC, as amended by the acts listed in Annex III, Part A, 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 III, Part B.

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 IV.

                                                                    Article 26

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

                                            ê 92/33/EEC

                                                                    Article 27

This Directive is addressed to the Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 92/33/EEC (adapted)

                                                                     ANNEX I

                                             Conditions to be laid down in accordance with Article 4

                                                                      Part A

Conditions with which planting material must comply.

                                                                      Part B

Schedules for genera and species not listed in Directive Ö 2002/55/EC Õ containing conditions with which propagating material must comply.

                                                                 _______________

                                                                     ANNEX II

                                            List of the genera and species referred to in Article 1(2)

|Allium ascalonicum                                                                     |shallots                             |
|Allium cepa L.                                                                         |onion                                |
|Allium fistulosum L.                                                                   |chives                               |
|Allium porrum L.                                                                       |leek                                 |
|Allium sativum                                                                         |garlic                               |
|Anthriscus cerefolium (L.) Hoffm.                                                      |chervil                              |
|Apium graveolens L.                                                                    |celery                               |
|Asparagus officinalis L.                                                               |asparagus                            |
|Beta vulgaris L. var. vulgaris                                                         |mangold                              |
|Beta vulgaris L. var. conditiva Alef.                                                  |red beet                             |
|Brassica oleracea L. convar. acephala (DC) Alef. var. sabellica L.                     |curly kale                           |
|Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis L.                      |cauliflower                          |
|Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch.                     |broccoli                             |
|Brassica oleracea L. convar. var. gemmifera DC                                         |Brussels sprouts                     |
|Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L.                       |Savoy cabbage                        |
|Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC                          |cabbage                              |
|Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC                         |red cabbage                          |
|Brassica oleracea L. convar. acephala (DC) Alef. var. gongylodes                       |kohlrabi                             |
|Brassica pekinensis L.                                                                 |Chinese cabbage                      |
|Brassica rapa L. var. rapa                                                             |turnip                               |
|Capsicum annuum L.                                                                     |pepper                               |
|Chicorium endivia L.                                                                   |endive                               |
|Chicorium intybus L. (partim)                                                          |Witloof chicory                      |
|Citrullus lanatus (Thunb.) Matsum. et Nakai                                            |watermelon                           |
|Cucumis melo L.                                                                        |melon                                |
|Cucumis sativus L.                                                                     |gherkin                              |
|Cucurbita maxima Duchesne                                                              |gourd                                |
|Cucurbita pepo L.                                                                      |courgette                            |
|Cynara cardunculus                                                                     |cardoon                              |
|Cynara scolymus                                                                        |artichoke                            |
|Daucus carota L.                                                                       |carrot                               |
|Foeniculum vulgare P. Mill.                                                            |fennel                               |
|Lactuca sativa L.                                                                      |lettuce                              |
|Lycopersicon lycopersicum (L.) Karsten ex Farw.                                        |tomato                               |
|Petroselinum crispum (Mill.) Nyman ex A. W. Hill                                       |parsley                              |
|Phaseolus coccineus L.                                                                 |runner bean                          |
|Phaseolus vulgaris L.                                                                  |French bean                          |
|Pisum sativum L. (partim)                                                              |peas excepting fodder peas           |
|Raphanus sativus L.                                                                    |radishes                             |
|Rheum                                                                                  |rhubarb                              |
|Scorzonera hispanica L.                                                                |scorzonera                           |
|Solanum melongena L.                                                                   |eggplant                             |
|Spinacia oleracea L.                                                                   |spinach                              |
|Valerianelle locusta (L.) Laterr.                                                      |corn salad                           |
|Vicia faba L. (partim)                                                                 |broad bean                           |

                                                                 _______________

                                            é

                                                                    ANNEX III

                                                                      Part A

                                                Repealed Directive with its successive amendments
                                                           (referred to in Article 25)

|Council Directive 92/33/EEC                                                        |                                               |
|(OJ L 157, 10.6.1992, p. 1)                                                        |                                               |
|Commission Decision 93/400/EEC                                                      |                                               |
|(OJ L 177, 21.7.1993, p. 27)                                                        |                                               |
|Commission Decision 94/152/EC                                                       |                                               |
|(OJ L 66, 10.3.1994, p. 33)                                                         |                                               |
|Commission Decision 95/25/EC                                                        |                                               |
|(OJ L 36, 16.2.1995, p. 34)                                                         |                                               |
|Commission Decision 97/109/EC                                                       |                                               |
|(OJ L 39, 8.2.1997, p. 21)                                                          |                                               |
|Commission Decision 1999/29/EC                                                      |                                               |
|(OJ L 8, 14.1.1999, p. 29)                                                          |                                               |
|Commission Decision 2002/111/EC                                                     |                                               |
|(OJ L 41, 13.2.2002, p. 43)                                                         |                                               |
|Council Regulation (EC) No 806/2003                                                 |Only Annex II, point 6 and Annex III, point 27 |
|(OJ L 122, 16.5.2003, p. 1)                                                         |                                               |
|Council Directive 2003/61/EC                                                        |Only Article 1, point 4                        |
|(OJ L 165, 3.7.2003, p. 23)                                                         |                                               |
|Commission Decision 2005/55/EC                                                      |                                               |
|(OJ L 22, 26.1.2005, p. 17)                                                         |                                               |

                                                                      Part B

                                             List of time-limits for transposition into national law
                                                           (referred to in Article 25)

|Directive                                                    |Time-limit for transposition                                 |
|92/33/EEC                                                    |31 December 1992                                             |
|2003/61/EC                                                   |10 October 2003                                              |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Directive 92/33/EEC                                                  |This Directive                                                       |
|Articles 1 - 3                                                       |Articles 1 - 3                                                       |
|Article 4, introductory words                                        |Article 4, introductory words                                        |
|Article 4, points (i) and (ii)                                       |Article 4, points (a) and (b)                                        |
|Articles 5, 6 and 7                                                  |Articles 5, 6 and 7                                                  |
|Article 8(1)                                                         |Article 8(1)                                                         |
|Article 8(2), first subparagraph                                     |Article 8(2)                                                         |
|Article 8(2), second subparagraph                                    |Article 8(3)                                                         |
|Articles 9, 10 and 11                                                |Articles 9, 10 and 11                                                |
|Article 12, first paragraph, introductory wording                    |Article 12(1) introductory wording                                   |
|Article 12, first paragraph, first and second indents                |Article 12(1)(a) and (b)                                             |
|Article 12, second paragraph                                         |Article 12(2)                                                        |
|Articles 13 - 20                                                     |Articles 13 - 20                                                     |
|Article 21(1) and (2)                                                |Article 21(1) and (2)                                                |
|Article 21(3)                                                        |Article 21(4)                                                        |
|Article 22(1)                                                        |-                                                                    |
|Article 22(2)                                                        |Article 21(3)                                                        |
|Article 23                                                           |Article 22                                                           |
|Article 24                                                           |Article 23                                                           |
|Article 25(1)                                                        |-                                                                    |
|Article 25(2)                                                        |Article 24                                                           |
|-                                                                    |Article 25                                                           |
|-                                                                    |Article 26                                                           |
|Article 26                                                           |Article 27                                                           |
|Annexes I and II                                                     |Annexes I and II                                                     |
|-                                                                    |Annexes III and IV                                                   |

                                                                  _____________

                                                             -----------------------
[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]   Annex III, Part A of this proposal.
[5]   OJ Ö […] Õ .
[6]   OJ Ö […] Õ .
[7]   OJ L 157, 10.6.1992, p. 1. Directive as last amended by Commission Decision 2005/55/EC (OJ L 22, 26.1.2005, p. 17).
[8]   See Annex III, Part A.
[9]   Ö OJ L 193, 20.7.2002, p. 33. Directive as last amended by Directive 2004/117/EC (OJ L 14, 18.1.2005, p. 18).Õ
[10]  Ö OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2005/16/EC (OJ L 57, 3.3.2005, p. 19). Õ
[11]  OJ L 184, 17.7.1999, p. 23.