Proposal for a Council Directive on the marketing of propagating material of ornamental plants
C 50/8 EN Official Journal of the European Communities 17. 2. 98 II (Preparatory Acts) COMMISSION Proposal for a Council Directive on the marketing of propagating material of ornamental plants (98/C 50/06) COM(97) 708 final - 97/0367(CNS) (Submitted by the Commission on 17 December 1997) 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 Parliament, regard to the opinion of the European Havin regard to the opinion of the Economic and Social Committee, Whereas production of ornamental plants occupies an important place in the agriculture of the Community; 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 thereinØ(—); Whereas, without prejudice to the plant health provisions of Directive 77/93/EEC, it is not appropiate 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 there may be different from those contained in this Directive; Whereas the determination of plant health and quality standards for a particular genus and species of ornaÜ mental plant requires lengthy and detailed technical and scientific consideration; whereas a procedure should accordingly be established for the determination of these standards; Whereas satisfactory results in the cultivation of ornaÜ mental plants depend to a large extent on the quality and health of the material used for their propagation; Whereas in the first instance it is the responsability of the suppliers of propagating material to ensure that their products fulfil the conditions laid down in this Directive; Whereas the establishment of harmonised conditions at Community level will ensure that purchasers throughout the Community receive propagating material which is healthy and of good quality; Whereas the competent authorities of the Member States must, when carrying out controls and inspections, ensure that suppliers fulfil those conditions; Whereas, so far as they relate to plant health, such harmonized conditions must be consistent with Council Directive 77/93/EEC of 21 December 1996 on into the protective measures against the Member States of organisms harmful to plants or plant productsØ(˛), as last amended by Directive. Ø. /. Ø. Ø. /ECØ(ˇ); introduction control measures Whereas Community introduced to ensure uniform application Member State of the standards Directive; laid down should be in all the in this Whereas it is in the interests of the purchasers of propaÜ gating material that the names of varieties or of groups of plants be known and that their indentity be safeÜ guarded; (˛) OJ L 26, 31. 1. 1977, p. 20. (ˇ) OJ L. Ø. Ø. (—) OJ L 61, 3. 3. 1997, p. 1. 17. 2. 98 EN Official Journal of the European Communities C 50/9 to the the characteristics specific Whereas industry operating in the ornamental plant sector are a compliÜ cating 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 marketing; 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 less subject stringent than those contained in this Directive; requirements to Whereas provisions should be made for authorising the marketing, within the Community, of propagating material produced in third countries, provided it always the same assurance as propagating material affords the Community and complying with produced Community rules; in Whereas, in order to harmonise technical methods of examination used in the Member States and to compare propagating material those produced in third countries, comparative trials should be carried out to check compliance of propagating material with the requirements of this Directive; the Community with in Whereas, in order to facilitate the effective operation of this Directive, the Commission should be entrusted with the task of adopting measures for its implementation; should be adopted by a whereas procedure the Commission and the Member States within a standing committee on propagating material of ornamental plants; involving close cooperation between such measures Whereas Council Directive 91/682/EEC of 19 DeÜ cember 1991 on the marketing of ornamental plant propagating material and ornamental plantsØ(˛) estabÜ level to lished harmonised conditions at Community ensure the Community receive propagating material and ornamental plants which are healthy and of good quality; that purchasers throughout Whereas Member States have expressed difficulties in the interpretation and transposition of the said Directive; Whereas the said Directive was considered to be suitable for inclusion in the SLIM initiative (simpler legislation for the internal market) which was launched by the Commission in May 1996; aimed Whereas the ornamental plants SLIM team made various recommendations said Directive; whereas those recommendations are contained in the communication from the Commission to the Council and the European Parliament on the SLIM initiativeØ(ˇ); simplifying the at Whereas those recommendations related to the persons to be controlled by the Directive, the species to be covered by the Directive, varietal authenticity, the interÜ relationship with Directive 77/93/EEC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community and third country equivalence; Whereas, after consideration of those recommendations it is desirable to amend certain provisions of the said such Directive; whereas amendments, the Directive should be recast in the interest of clarity, number of given the HAS ADOPTED THIS DIRECTIVE: TITLE I FIELD OF APPLICATION Article 1 This Directive shall apply to the marketing of propaÜ the gating material of ornamental plants within Community. It shall apply to all genera and species of ornamental plants, except those covered by Council Regulation (EC) No 338/97. Article 2 to propagating 1. Ú This Directive shall not apply intended for export to third material shown to be countries, indentified as such and kept if properly sufficiently isolated, without prejudice to the health rules laid down by Directive 77/93/EEC. 2. Ú Implementing measures for the first paragraph, with particular reference to indentification and isolation, may be adopted in accordance with the procedure laid down in Article 22. (˛) OJ L 376, 31. 12. 1991, p. 21. (ˇ) COM(96) 559 final. C 50/10 EN Official Journal of the European Communities 17. 2. 98 3. Ú This Directive shall not apply to propagating material of plant species which is intended for non ornaÜ mental purposes and which is covered by other Community legislation. Member States shall notify the Commission of their responsible official bodies. The Commission shall forward that information to the other Member States; TITLE II DEFINITIONS Article 3 5. official measures: measures taken by the responsible official body; 6. official inspection; examination, including field and the trials carried out by laboratory responsible official body; test and For the purpose of this Directive, the following defiÜ nitions shall apply: 7. official statement: statement issued by, or under the responsability of the responsible official body; 1. propagating material: seeds, parts of plants and all the propagation and plant material production of ornamental plants; intended for 2. supplier: any natural or legal person carrying out professionally at least on of the following activities with regard to propagating material of ornamental plants: reproducing, producing, preserving, treating, processing, countries, marketing; importing from third 8. lot: a number of units of a single commodity, identÜ ifiable by its homogneneity of composition and origin; 9. laboratory: a public or private law entity carrying out analysis and proper diagnosis, enabling the supplier to monitor production quality. TITLE III 3. marketing: the holding available or in stock, display with a view to sale, offering for sale, sale or delivery to another person; REQUIREMENTS TO BE MET BY PROPAGATING) MATERIAL 4. responsible official body: any State authority established: - either at national level, or - at regional level, under the supervision of national authorities, within the limits set by the constitution of the Member State concerned. The bodies referred to above 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 by private law, which, under its officially approved constitution, is charged exclusively with specific public functions, provided that such person, and its members, has no personal interest in the outcome of the measures it takes. in accordance with the procedure Moreover, laid down in Article 22, other legal persons established on behalf of the body referred to in subparagraph 1 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. Article 4 1. Ú Suppliers may market propagating material only if it meets the requirements laid down in this Directive. 2. Ú Without 77/93/EEC, paragraph 1 shall not apply to propagating material intended for: to Directive prejudice 1. trials or scientific purposes, 2. selection work, or 3. the conservation of genetic diversity. 3. Ú Detailed rules for the application of paragraph 2 may be adopted in accordance with the procedure laid down in Article 22. 4. Ú In accordance with the procedure laid down in Article 22, a list of species may be established, the seeds of which shall not be subject to the requirements of this Directive if intended for production of further propaÜ gating material and where significant connection between the quality of such seeds and that of other propagating material deriving from it. is no there 17. 2. 98 EN Official Journal of the European Communities C 50/11 Article 5 TITLE IV Propagating material shall, where applicable, comply with the relevant plant health conditions laid down in Council Directive 77/93/EEC. REQUIREMENTS TO BE MET BY SUPPLIERS OF PROPAGATING MATERIAL Article 6 1. Ú Without prejudice to the provisions of Article 5, propagating material shall be of good merchantable quality, shall have satisfactory varietal identity and shall, at least on visual inspection, be substantially free from any harmful organisms and diseases impairing quality, or any signs or symptoms the usefulness of the propagating material. thereof, which reduce 2. Ú Any propagating material of citrus species showing visible signs of symptoms of any harmful organisms or diseases at the stage of the growing crop shall be properly treated immediately on appearance or, where appropriate, shall be removed. 3. Ú In requirements shall also be met: the case of citrus material the following 1. it shall be derived from initial material which has been checked and found to show no symptoms of any viruses, virus like organisms or diseases; Article 7 Member States shall ensure that suppliers take all the necessary measures to guarantee compliance with the requirements set out in this Directive at all stages of production and marketing of propagating material. Article 8 1. Ú Suppliers who engage in the activities of reproÜ duction, wholesale or import of propagating material must be officially accredited. The responsible official body may accredit such 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. 2. Ú Suppliers who are already registered as producers within the meaning of Directive 77/93/EEC shall be deemed this Directive. Such suppliers shall none the less comply with the requirements of this Directive. to be accredited for the purposes of 2. it shall have been checked and to be substantially free of such viruses, virus like organisms or diseases since the beginning of the last cycle of vegetation; and found 3. in the case of grafting, it shall have been grafted onto rootstocks other than those susceptible to viroids. 4. Ú In requirement shall also be met: the case of flower bulbs the following 3. Ú The responsible official body shall accredit laboraÜ tories once it has verified that these laboratories, their methods and their establishments meet the requirements the of procedure laid down in Article 22, with regard to the testing activities they carry out. to be specified according this Directive to responsible official body 4. Ú The the necessary measures if the requirements referred to in paragraphs 1 and 3 cease to be met. To this end, it shall take particular account of the conclusions of any check carried out in accordance with Article 9. shall take - the propagating material shall be derived directly from material which, at the stage of the growing crop, has been checked and found to be substantially free from any harmful organisms and diseases, signs or symptoms thereof. 5. Ú In accordance with the procedure laid down in Article 22, a schedule may be established for a particular genus or species, with a reference to the plant health conditions laid down in Directive 77/93/EEC applying to the genus or species concerned, and laying down any particular conditions concerning the quality with which propagating material must comply. the 5. Ú The supervision and montitoring of suppliers, laboÜ ratories and their establishments shall be carried out regularly by or under the responsible official body, which shall at all resonable 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 may be adopted, in accordance with the procedure laid down in Article 22. responsibilitiy of If such supervision and monitoring reveal that the requirements of this Directive are not being met, the responsible official body shall take appropriate action. C 50/12 EN Official Journal of the European Communities 17. 2. 98 Article 9 1. Ú Accredited suppliers shall either carry out themÜ selves, or have carried out by another accredited supplier or the responsible official body, checks relating to the following, where appropriate: - the identification of critical points in their production process on the basis of the production methods used, 2. Ú If thereafter propagating material of different lots are mixed during packaging, storage or transport, the supplier shall keep recors including data relating to the compositions and origins of the individual lots. 3. Ú Member States shall ensure compliance with the requirement referred to in paragraphs 1 and 2 by carrying out official inspections. - the establishment and implementation of methods for monitoring and checking the critical points referred to in the first indent, TITLE V MARKTING AND LABELLING OF PROPAGATING MATERIAL - the taking of samples for anlaysis in an accredited laboratory, Article 11 - the keeping of a record of the data referred to in the first, second and third indents, as well as records on production, reproduction, buying, selling or delivery of propagating material. These documents and records shall be kept for a period of at least one year. 2. Ú If the results of the checks referred to in paragraph 1 reveal the presence of one or more of the relevant harmful organisms contained in Directive 77/93/EEC or listed in any measures established pursuant to Articles 6(5), it shall be reported to the responsible official body. The accredited supplier shall carry out the measures indicated by that body. The accredited supplier shall keep records of all occurences of harmful organisms on his premises and of all measures taken in relation to such occurrences. 3. Ú Other suppliers shall be required only to keep a record of the receipt, buying selling or delivery of propaÜ gating material. This paragraph shall not apply to suppliers whose activity in this connection is confined to the supply of small quantities of propagating material to non professional final consumers. 4. Ú Rules for the application of paragraph 2 above may be established in accordance with the procedure laid down in Article 22. 1. Ú Propagating material shall be marketed only in lots. However, in the case of propagating material intended for purposes other such material may be mixed, providing the conditions laid down in Article 10(2) are complied with. further propagation, than 2. Ú Propagating material shall at all stages be accomÜ panied by a label of other document made out by the accredited supplier. If an official statement appears on this label or other document, it shall be clearly separated from all other contents of the label or document. 3. Ú In accordance with the procedure laid down in Article 22, requirements as to the label or document, referred to in paragraph 2 and the sealing or packaging of propagating material may be established. 4. Ú In the case of retail supply of propagating material to a non professional final consumer, requirements on to appropriate product labelling may be confined information. Article 12 1. Ú Propagating material my be marketed with a reference to a variety only if the variety concerned is: - a variety legally protected by a plant variety right in accordance with provisions on the protection of new varieties, or - a variety officially registered on a compulsory or voluntary basis, or Article 10 - a variety which is commonly known, or 1. Ú While growing and during lifting or removal from the parent material, propagating material shall be kept in separate lots. - a variety entered on a list kept by a supplier with its lists detailed description and denomination. Such 17. 2. 98 EN Official Journal of the European Communities C 50/13 shall be available, on request, to the responsible official body of the Member State concerned. TITLE VII 2. Ú Each variety shall be described and, as far as possible, shall bear the same denomination in all the Member States, implementing measures which may be adopted in accordance with the in provisions of Article 22 or, accordance with accepted international guidelines. in accordance with their absence, in 3. Ú Where propagating material is marketed with a reference to a group of plants other than a variety referred to in paragraph 1, the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination. the varietal aspects 4. Ú Except where is explicitly mentioned in any implementing measures made pursuant to Article 6(5), (1), (2) and (3) shall not mean any extra responsibility for the responsible official body. 5. Ú In accordance with the procedure laid down in Article 22: - a system for the notification of varieties or species or interspecific hybrids to the responsible official bodies of the Member States may be set up, - additional implementing provisions of the third and fourth indent of paragraph 1 may be adopted, - it may be decided that a common catalogue of varieties may be established and published. TITLE VI PROPAGATING MATERIAL MEETING LESS STRINGENT REQUIREMENTS Article 13 Without prejudice to the plant health rules laid down in Directive 77/93/ECC, in the event of temporary diffiÜ culties in the supply of propagating material satisfying the requirements of this Directive which cannot be overcome within the Community, rules may be adopted, in accordance with in Article 22, concerning the marketing of propagating material meeting less stringent requirements. the procedure laid down PROPAGATING MATERIAL PRODUCED IN THIRD COUNTRIES Article 14 1. Ú In accordance with the procedure laid down in Article 22, it shall be decided whether propagating material produced in a third country affords the same guarantees as propagating material produced in the Community and complying with the requirements and conditions of this Directive. 2. Ú Pending the decision referred to in paragraph 1, third from propagating material may be countries by a supplier accredited as an importer. imported importer shall ensure 3. Ú The accredited the supplier of propagating material from the third country provides progagating material which affords the same guarantees as propagating material produced in the Community and complying with the requirements and conditions of this Directive. that 4. Ú The accredited importer shall notify the responsible to official bodies of material imported pursuant this paragraph 3. The Member States shall make information available on request to the Member States and the Commission. 5. Ú The accredited importer shall keep documentary evidence of his contract with the supplier in the third country. Detailad implementing measures relating to the procedure to be followed and further requirements to be in met by accredited accordance with the procedure laid down in Article 22. importers may be established TITLE VIII CONTROL MEASURES AND GENERAL PROVISIONS Article 15 shall ensure 1. Ú Member States that propagating material is officially inspected during production and to verify marketing, at compliance with the requirements and conditions of this Directive. random checks, least by 2. Ú Where it is necessary to carry out laboratory tests to detect any harmful organisms and diseases, those tests shall be carried out in an accredited laboratory. C 50/14 EN Official Journal of the European Communities 17. 2. 98 Article 16 in In accordance with Article 22 detailed implementing procedures for the official inspection referred to in Article 8, 9, 10 and 15, including sampling methods, may be established. the procedure laid down Article 17 1. Ú If, during the supervision and monitoring referred to in Article 8(5), the official inspection referred to in Article 15, or the trials referred to in Article 18, it is found that propagating material does not meet the requirements of this Directive, the responsible official body of the Member State shall take appropriate action to ensure that is does comply with the provsions of this Directive or, if that is not possible, to ban the marketing of that propagating material in the Community. supplier does not comply with this Directive, 2. Ú If it is found that propagating material marketed by the a particular requirements and conditions of the Member State concerned shall ensure that appropriate measures are taken against that supplier. If the supplier is forbidden to market propagating material, the Member State shall notify the Commission and the responsible official bodies in the other Member States. 3. Ú Any measures taken pursuant to paragraph 2 shall be withdrawn as soon as it has been established with sufficient the propagating material intended for marketing by the supplier will, in future, comply with the requirements and conditions of this Directive. certainty that Article 18 1. Ú Trials, or where appropriate tests, shall be carried out in the Member States on samples to check that propagating material comply 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. in accordance with 2. Ú It may be decided the procedure laid down in Article 22 that it is necessary to carry out Community trials or tests for the same purpose as mentioned in paragraph 1. The Commission may organise inspections of Community trials by represenÜ tatives of the Member States and of the Commission. ination of propagating material. Progress reports shall be made on the trials or tests and sent in confidence to the Member States and to the Commission. their results, are made within 4. Ú The Commission shall ensure that, in appropriate cases, arrangements for coordinating, carrying out and inspecting the trials referred to in paragraph 1 and 2, the and assessing Committee set up by Article 22. When plant health problems occur, the the Commission Standing Committee on Plant Health. If necessary, specific arrangements shall be adopted. Propagating material produced in third countries shall be included in the trials. shall notify Article 19 1. Ú Member States that propagating material produced in their territory and intended for marketing complies with this Directive. requirements of shall ensure the 2. Ú If it is found, at an official inspection, that propaÜ gating material cannot, by reason of non compliance with a condition relating to plant health, be placed on the market, the Member State concerned shall take appropriate official measures to eliminate any consequent plant health risk. Article 20 The marketing of propagating material which complies with the requirements and conditions of this Directive shall be subject to no restrictions as regards supplier, quality, plant health, labelling and packaging, other than those laid down in this Directive. Article 21 On application by a Member State, which will be dealt with in accordance with the provisions laid down in Article 22, that State may be wholly or partially released from the obligation to apply the provisions of this Directive, save where this would run counter to the provisions laid down in Article 20. TITLE IX COMITOLOGY Article 22 3. Ú The trials or tests referred to in paragraphs 1 and 2 shall be used to harmonise technical methods of examÜ 1. Ú Where reference is made to the procedure laid down in this Article, the Commission shall be assisted by 17. 2. 98 EN Official Journal of the European Communities C 50/15 a Committee, referred to as the Standing Committee on Propagating Material of Ornamental Plants, chaired by a representative of the Commission. 2. Ú The representative of the Commission shall submit to the Standing Committee a draft of the measures to be taken. The Standing Committee shall deliver its opinion on thre draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the EC Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Committee shall be the Member States within weighted in the manner set out in that Article. The chairman shall not vote. if these measures are not The Commission shall adopt measures which shall apply immediately. However, in accordance with the opinion of the Committee, they shall be communicated by the Council forthwith. In that event, the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication. the Commission to TITLE X FINAL PROVISIONS Article 24 laws, 1. Ú Member States shall bring to regulations or administrative provisions necessary comply with this Directive no later than 31 December 19. Ø. They shall the Commission thereof. into force the forthwith inform 2. Ú When these measures are adopted by the Member States, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods for making such reference shall be adopted by the Member States. 3. Ú Member the shall Commission the text of the main provisions of domestic law they adopt in the field covered by this Directive. communicate States to The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the second subparagraph. 3. Ú The Committee, at the request of the chairman or one of the Member States, may examine any questions relevant to the subject matter of this Directive. Article 23 Amendments to the schedules established pursuant to Article 6(5) and to the conditions and detailed rules adopted for the implementations of this Directive shall be adopted in accordance with the procedure laid down in Article 22. Article 25 1. Ú Directive 91/682/EEC is hereby repealed without prejudice to Member States’ obligations in relation to period of transposition and implementation referred to in Part A of the Annex hereto. to 2. Ú References the repealed Directive shall be understood as references to this Directive and shall be read in accordance with the correlation table in Part B of the Annex hereto. Article 26 This Directive is addressed to the Member States. ANNEX PART A Time limits for transposition into national law and implementation Directive Time limit for transposition Time limit for implementation 91/682/EEC (OJ L 376, 31. 12. 1991, p. 21) 31 December 1992 Articles 5 to 11, 14, 15, 17, 19 and 24 (for all genera and species) 31 December 1993 C 50/16 EN Official Journal of the European Communities 17. 2. 98 PART B Correlation Table This Directive Directive 91/682/EEC Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 - Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 1 Article 2 Article 3 Article 8 - Article 4 (in part) Article 5 Article 6 Article 5 Article 7 Article 10 Article 11 Article 9 Article 13 Article 16 Article 17 Article 18 Article 19 Article 20 Article 24 Article 14 - Article 21 Article 23 - - -