L 226/16 Official Journal of the European Communities 13.8.98 COUNCIL DIRECTIVE 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parlia- ment (%), Having regard to the opinion of the Economic and Social Committee (%), (1) Whereas the production of ornamental plants occupies an important place in the agriculture of the Community; (2) Whereas satisfactory results in the cultivation of ornamental plants depend to a large extent on the quality and health of the material used for their propagation; (3) Whereas the establishment of harmonised condi- tions at Community level will ensure that purchasers throughout the Community receive propagating material which is healthy and of good quality; (4) Whereas, so far as they relate to plant health, such harmonised conditions must be consistent with Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduc- tion into the Member States of organisms harmful to plants or plant products and against their spread in the Community (*) (5) Whereas it is appropriate to establish Community rules for all genera and species of ornamental plants in the Community, with the exception of those covered by Council Regulation (EC) No 338/ 97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (°); (6) Whereas, without prejudice to the plant health provisions of Directive 77/93/EEC, it is not appro- priate to apply the Community rules on the marketing of propagating material when it is shown that such material and plants are intended for export to third countries, as the rules applicable 1 () OJ C 50, 17. 2. 1998, p. 8. @) O] C 104, 6. 4. 1998, p. 40. () OJ C 157, 25. 5. 1998, p. 3. () OJ L 26, 31. 1. 1977, p. 20. Directive as last amended by Commission Directive 98/2/EC (OJ L 15, 21. 1. 1998, p. 34). () OJ L 61, 3. 3. 1997, p. 1. Regulation as amended by Commission Regulation (EC) No 938/97 (O] L 140, 30. 5. 1997, p. 1). (10) (1) (12) (13) (14) there may be different from those contained in this Directive; Whereas the determination of plant health and quality standards for particular genus and species of ornamental plant requires lengthy and detailed technical and scientific consideration; whereas a procedure should accordingly be established for the determination of these standards; Whereas in the first instance it is the responsibility of the suppliers of propagating material to ensure that their products fulfil the conditions laid down in this Directive; Whereas the competent authorities of the Member States, when carrying out controls and inspections, should ensure that suppliers fulfil those conditions; Whereas Community control measures should be introduced to ensure uniform application in all the Member States of the standards laid down in this Directive; Whereas it is in the interests of the purchasers of propagating material that the names of varieties or of groups of plants be known and that their iden- tity be safeguarded; Whereas the characteristics specific to the industry operating in the ornamental plant sector are a complicating factor; whereas, accordingly, the objective stated above can best be achieved either through common knowledge of the variety or, in the case of varieties or groups of plants, through the availability of a description drawn up and kept by the suppliers; Whereas, in order to ensure the identity and orderly marketing of propagating material, Community rules must be laid down concerning the separation of lots and marking; whereas the labels should give the particulars needed both for official control and for the information of the grower; Whereas rules should be established permitting, in the case of temporary supply difficulties, the marketing of propagating material subject to requirements less stringent than those contained in this Directive;