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Document 01998L0056-20140630
Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants
Consolidated text: Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants
Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants
01998L0056 — EN — 30.06.2014 — 003.001
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COUNCIL DIRECTIVE 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (OJ L 226 13.8.1998, p. 16) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 122 |
1 |
16.5.2003 |
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L 165 |
23 |
3.7.2003 |
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REGULATION (EU) No 652/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 |
L 189 |
1 |
27.6.2014 |
COUNCIL DIRECTIVE 98/56/EC
of 20 July 1998
on the marketing of propagating material of ornamental plants
TITLE I
SCOPE
Article 1
This Directive shall not apply to:
TITLE II
DEFINITIONS
Article 2
For the purpose of this Directive, the following definitions shall apply:
‘Propagating material’: plant material intended for:
‘Propagation’: reproduction by vegetative or other means.
‘Supplier’: any natural or legal person engaged professionally in marketing or importing of propagating material.
‘Marketing’: sale or delivery by a supplier to another person. ‘Sale’ includes holding available or in stock, display with a view to sale, offering for sale.
‘Responsible official body’:
an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning quality;
any State authority established:
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.
Moreover, in accordance with the procedure laid down in Article 17, other legal persons established on behalf of the body referred to in point (a) 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.
Member States shall notify the Commission of their responsible official bodies. The Commission shall forward that information to the other Member States.
‘Lot’: a number of units of a single commodity, identifiable by its homogeneity of composition and origin.
TITLE III
REQUIREMENTS TO BE MET BY PROPAGATING MATERIAL
Article 3
Paragraph 1 shall not apply to propagating material intended for:
trials or scientific purposes,
selection work, or
the conservation of genetic diversity.
Article 4
Propagating material shall, where applicable, comply with the relevant plant health conditions laid down in Directive 77/93/EEC.
Article 5
Without prejudice to the provisions of Article 1 and Article 4, propagating material when marketed:
In the case of citrus material the following requirements shall also be met:
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;
it shall have been checked and found to be substantially free of such viruses, virus-like organisms or disease since the beginning of the last cycle of vegetation; and
in the case of grafting, it shall have been grafted onto rootstocks other than those susceptible to viroids.
In the case of flower bulbs the following requirement shall also be met:
In accordance with the procedure laid down in Article 18, a schedule may be established for a particular genus or species, laying down additional conditions concerning the quality with which propagating material when marketed must comply. A genus or species shall only be included in the schedule if there is a demonstrated need for such additional rules. In determining such need the following criteria shall apply:
TITLE IV
REQUIREMENTS TO BE MET BY SUPPLIERS OF PROPAGATING MATERIAL
Article 6
Article 7
Suppliers engaged in production of propagating material shall:
TITLE V
MARKETING AND LABELLING OF PROPAGATING MATERIAL
Article 8
Article 9
Propagating material may be marketed with a reference to a variety, only if the variety concerned is:
TITLE VI
PROPAGATING MATERIAL MEETING LESS STRINGENT REQUIREMENTS
Article 10
In the event of temporary difficulties 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 the procedure laid down in Article 17, concerning the marketing of propagating material meeting less stringent requirements.
TITLE VII
PROPAGATING MATERIAL PRODUCED IN THIRD COUNTRIES
Article 11
TITLE VIII
CONTROL MEASURES AND GENERAL PROVISIONS
Article 12
Member States shall require that suppliers take all necessary measures to guarantee compliance with the requirements of this Directive. To this end Member States shall ensure that propagating material is officially inspected:
to verify compliance with the requirements. Member States may also take samples in order to verify compliance. In carrying out supervision and monitoring, the responsible official bodies shall have free access to all parts of suppliers' establishments at all reasonable times.
The Commission shall, by 31 December 2002, submit a report to the Council, on the operation of the control arrangements foreseen in this Article, together with any appropriate proposals which may, if appropriate, include proposals for removing requirements of this Directive from retail sales.
Article 13
Article 14
Community comparative tests and trials may be carried out within the Community for the post-control of samples of propagating material or ornamental plants 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:
The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.
Article 15
The marketing of propagating material which complies with the requirements 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 16
In accordance with the procedure laid down in Article 17, a Member State may at its request and under certain conditions be wholly or partially released from certain obligations under this Directive in respect of types of propagating material of certain genera or species the production of which is of minimal economic importance in its territory, save where this would run counter to Article 15.
TITLE IX
COMMITTEE PROCEDURES
Article 17
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
Article 18
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
TITLE X
FINAL PROVISIONS
Article 19
Article 20
Article 21
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 5-11, 14, 15, 17, 19 and 24 (for all genera and species) 31 December 1993 |
PART B
Correlation table
This Directive |
Directive 91/682/EEC |
Article 1 |
Articles 1 and 2 |
Article 2 |
Article 3 |
Article 3 |
Article 8 |
Article 4 |
— |
Article 5 |
Article 4 |
Article 6 |
Article 6 |
Article 7 |
Article 5 |
Article 8 |
Articles 10 and 11 |
Article 9 |
Article 9 |
Article 10 |
Article 13 |
Article 11 |
Article 16 |
Article 12 |
Articles 17 and 18 |
Article 13 |
Article 19 |
Article 14 |
Article 20 |
Article 15 |
Article 14 |
Article 16 |
— |
Article 17 |
Article 21 |
Article 18 |
Article 22 |
Article 19 |
— |
Article 20 |
— |
Article 21 |
— |
( 1 ) OJ C 50, 17. 2. 1998, p. 8.
( 2 ) OJ C 104, 6. 4. 1998, p. 40.
( 3 ) OJ C 157, 25. 5. 1998, p. 3.
( 4 ) 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).
( 5 ) OJ L 61, 3. 3. 1997, p. 1. Regulation as amended by Commission Regulation (EC) No 938/97 (OJ L 140, 30. 5. 1997, p. 1).
( 6 ) OJ L 376, 31. 12. 1991, p. 21.
( 7 ) OJ L 365, 31. 12. 1994, p. 10.
( 8 ) OJ L 169, 10.7.2000, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).
( 9 ) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
( 10 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
( 11 ) OJ L 184, 17.7.1999, p. 23.
( 12 ) OJ L 184, 17.7.1999, p. 23.