Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Codified version) (Text with EEA relevance)
Modified by
- Commission Implementing Decisionof 2 April 2013amending Council Directive 2008/72/EC to extend the derogation relating to import conditions for vegetable propagating and planting material, other than seed, from third countries(notified under document C(2013) 1773)(Text with EEA relevance)(2013/166/EU), 32013D0166, April 4, 2013
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(a) "propagating material" means parts of plants and all plant material, including rootstocks intended for the propagation and production of vegetables; (b) "planting material" means entire plants and parts of plants including, for grafted plants, the grafted components, intended for planting for the production of vegetables; (c) "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; (d) "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; (e) "responsible official body" means: -
(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.
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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; -
(f) "official measures" means measures taken by the responsible official body; (g) "official inspection" means an inspection carried out by the responsible official body; (h) "official statement" means a statement issued by, or under the responsibility of, the responsible official body; (i) "lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin; (j) "laboratory" means a public or private law entity carrying out analysis and proper diagnosis, enabling the producer to monitor production quality.
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(a) 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; (b) 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.
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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.
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(a) trials or scientific purposes; or (b) selection work; or (c) measures aimed at preserving genetic diversity.
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(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 referred to in Article 18, the local circulation of vegetable propagating and planting materials produced by such exempt persons.
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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.
Shallot | |
Japanese bunching onion or Welsh onion | |
Leek | |
Garlic | |
Chives | |
Chervil | |
Asparagus | |
Chilli or Pepper | |
Watermelon | |
Melon | |
Gourd | |
Marrow or Courgette | |
Fennel | |
Lettuce | |
Tomato | |
Parsley | |
Runner bean | |
Rhubarb | |
Scorzonera or Black salsify | |
Aubergine or Eggplant | |
Spinach | |
Corn salad or Lamb’s lettuce | |
Broad bean | |
Only Annex II, point 6 and Annex III, point 27 | |
Only Article 1, point 4 | |
Only Article 1 and Annex | |
Directive | Time limit for transposition | Date of application |
---|---|---|
92/33/EEC | — | |
2003/61/EC | — | |
2006/124/EC |
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 |