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Document 02008L0072-20220816
Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Text with EEA relevance) (Codified version)Text with EEA relevance
Consolidated text: Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Text with EEA relevance) (Codified version)Text with EEA relevance
Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Text with EEA relevance) (Codified version)Text with EEA relevance
02008L0072 — EN — 16.08.2022 — 004.001
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COUNCIL DIRECTIVE 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Text with EEA relevance) (OJ L 205 1.8.2008, p. 28) |
Amended by:
|
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Official Journal |
||
No |
page |
date |
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L 94 |
8 |
4.4.2013 |
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COMMISSION IMPLEMENTING DIRECTIVE 2013/45/EU of 7 August 2013 |
L 213 |
20 |
8.8.2013 |
|
COMMISSION IMPLEMENTING DIRECTIVE (EU) 2019/990 of 17 June 2019 |
L 160 |
14 |
18.6.2019 |
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COMMISSION IMPLEMENTING DECISION (EU) 2022/1400 of 11 August 2022 |
L 213 |
57 |
16.8.2022 |
COUNCIL DIRECTIVE 2008/72/EC
of 15 July 2008
on the marketing of vegetable propagating and planting material, other than seed
(Text with EEA relevance)
(Codified version)
Article 1
Rootstocks and other parts of plants of other genera or species or their hybrids shall also be subject to those Articles if material of one of those genera or species, or of their hybrids, is, or has to be, grafted on to them.
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 2000/29/EC.
Implementing measures for the first paragraph, with particular reference to identification and isolation, shall be adopted in accordance with the procedure referred to in Article 21(2).
Article 3
For the purposes of this Directive, the following definitions shall apply:
‘propagating material’ means parts of plants and all plant material, including rootstocks intended for the propagation and production of vegetables;
‘planting material’ means entire plants and parts of plants including, for grafted plants, the grafted components, intended for planting for the production of vegetables;
‘supplier’ means 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;
‘marketing’ means 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;
‘responsible official body’ means:
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;
any State authority established:
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 statute, 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.
The Member States shall ensure that there is close cooperation between the bodies referred to in (i) and those referred to in (ii).
Moreover, in accordance with the procedure referred to in Article 21(2), 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.
The Member States shall notify the Commission of their responsible official bodies. The Commission shall forward that information to the other Member States;
‘official measures’ means measures taken by the responsible official body;
‘official inspection’ means an inspection carried out by the responsible official body;
‘official statement’ means a statement issued by, or under the responsibility of, the responsible official body;
‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition and origin;
‘laboratory’ means a public or private law entity carrying out analysis and proper diagnosis, enabling the producer to monitor production quality.
Article 4
In accordance with the procedure referred to in Article 21(3), 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 2000/29/EC applying to the genus and/or species concerned, and laying down:
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 conditions shall be added to Annex I, Part A;
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 shall be set out in Annex I, Part B.
Article 5
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:
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.
Article 6
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
Article 8
Without prejudice to the provisions of Directive 2000/29/EC, paragraph 1 shall not apply to vegetable propagating and planting material intended for:
trials or scientific purposes; or
selection work; or
measures aimed at preserving genetic diversity.
Article 9
The provisions laid down in Articles 4 and 5 and Article 9(3) of Directive 2002/55/EC shall apply to the conditions for acceptance.
Article 3(2) and (4), Articles 6, 7, 8, 9(1), (2) and (4) and Articles 10 to 15 of that 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.
Article 10
Article 11
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.
Article 12
Member States may exempt:
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’);
from the controls and official inspection referred to in Article 18, the local circulation of vegetable propagating and planting materials produced by such exempt persons.
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 referred to in Article 21(2), concerning the marketing of vegetable propagating and planting material meeting less stringent requirements, without prejudice to the plant health rules laid down in Directive 2000/29/EC.
Article 14
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 28 April 1992.
Article 16
In accordance with the procedure referred to in Article 21(2), the date referred to in the first subparagraph of this paragraph may, for the various third countries, be deferred pending the decision referred to in paragraph 1 of this Article.
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
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 referred to in Article 21(2).
Article 19
Article 20
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:
The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.
Article 21
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
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 referred to in Article 21(2).
Article 23
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 referred to in Article 21(2), when the schedule referred to in Article 4 is drawn up.
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 and application 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 20th day following its publication in the Official Journal of the European Union.
Article 27
This Directive is addressed to the Member States.
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 2002/55/EC containing conditions with which propagating material must comply.
ANNEX II
List of the genera and species referred to in Article 1(2)
ANNEX III
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 25)
Council Directive 92/33/EEC (OJ L 157, 10.6.1992, p. 1). |
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Commission Decision 93/400/EEC (OJ L 177, 21.7.1993, p. 27). |
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Commission Decision 94/152/EC (OJ L 66, 10.3.1994, p. 33). |
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Commission Decision 95/25/EC (OJ L 36, 16.2.1995, p. 34). |
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Commission Decision 97/109/EC (OJ L 39, 8.2.1997, p. 21). |
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Commission Decision 1999/29/EC (OJ L 8, 14.1.1999, p. 29). |
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Commission Decision 2002/111/EC (OJ L 41, 13.2.2002, p. 43). |
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Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). |
Only Annex II, point 6 and Annex III, point 27 |
Council Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23). |
Only Article 1, point 4 |
Commission Decision 2005/55/EC (OJ L 22, 26.1.2005, p. 17). |
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Commission Directive 2006/124/EC (OJ L 339, 6.12.2006, p. 12). |
Only Article 1 and Annex |
Commission Decision 2007/699/EC (OJ L 284, 30.10.2007, p. 33). |
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PART B
List of time limits for transposition into national law and application
(referred to in Article 25)
Directive |
Time limit for transposition |
Date of application |
92/33/EEC |
31 December 1992 |
— |
2003/61/EC |
10 October 2003 |
— |
2006/124/EC |
30 June 2007 |
1 July 2007 (1) |
(1)
In accordance with the second subparagraph of Article 3(1) of Directive 2006/124/EC: ‘They shall apply the provisions from 1 July 2007. However, they may postpone until 31 December 2009 the application of the provisions in respect of the official acceptance of varieties belonging to Allium cepa L. (aggregatum group), Allium fistulosum L., Allium sativum L., Allium schoenoprasum L., Rheum rhabarbarum L. and Zea mays L.’ |
ANNEX IV
CORRELATION TABLE
Directive 92/33/EEC |
This Directive |
Articles 1, 2 and 3 |
Articles 1, 2 and 3 |
Article 4, introductory phrase |
Article 4, introductory phrase |
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) |
Article 9(1) and (2) |
Article 9(1) and (2) |
Article 9(3) |
— |
Article 9(4), first subparagraph |
Article 9(3) |
Article 9(4), second subparagraph |
— |
Articles 10 and 11 |
Articles 10 and 11 |
Article 12, first paragraph, introductory phrase |
Article 12(1) introductory phrase |
Article 12, first paragraph, first and second indents |
Article 12(1)(a) and (b) |
Article 12, second paragraph |
Article 12(2) |
Articles 13 to 20 |
Articles 13 to 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 |