Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version)
Modified by
- Commission Decisionof 15 December 2010amending Council Directive 2008/90/EC to extend the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries(notified under document C(2010) 8992)(2010/777/EU), 32010D0777, December 16, 2010
- Regulation (EU) No 652/2014 of the European Parliament and of the Councilof 15 May 2014laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC, 32014R0652, June 27, 2014
- Commission Implementing Decision (EU) 2019/120of 24 January 2019amending Council Directive 2008/90/EC as regards the extension of the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries(notified under document C(2019) 254), 32019D0120, January 28, 2019
- Commission Implementing Decision (EU) 2022/1933of 12 October 2022amending Council Directive 2008/90/EC as regards the extension of the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries(notified under document C(2022) 7148), 32022D1933, October 13, 2022
1. "propagating material" means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants; 2. "fruit plants" means plants intended to be planted or replanted, after marketing; 3. "variety" means a plant grouping within a single botanical taxon of the lowest known rank, which can be: (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one of the said characteristics; and (c) considered as an entity in view of its ability to be propagated unchanged;
4. "clone" means the vegetative genetically uniform progeny of a single plant; 5. "pre-basic material" means propagating material which: (a) has been produced, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases; (b) is intended for the production of basic material or certified material other than fruit plants; (c) satisfies the specific requirements for pre-basic material established pursuant to Article 4; and (d) has been found by official inspection to satisfy the conditions in (a), (b) and (c);
6. "basic material" means propagating material which: (a) has been produced either directly or in a known number of stages in a vegetative way from pre-basic material, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases; (b) is intended for the production of certified material; (c) satisfies the specific requirements for basic material, established pursuant to Article 4; and (d) has been found by official inspection to satisfy the conditions in (a), (b) and (c);
7. "certified material" means: (a) propagating material which: (i) has been produced directly in a vegetative way from basic material or pre-basic material or, if intended to be used for the production of rootstocks, by certified seeds from basic or certified material of rootstocks; (ii) is intended for the production of fruit plants; (iii) satisfies the specific requirements for certified material, established pursuant to Article 4; and (iv) has been found by official inspection to satisfy the conditions in (i), (ii) and (iii);
(b) fruit plants which: (i) have been produced directly from certified, basic or pre-basic propagating material; (ii) are intended for the production of fruits; (iii) satisfy the specific requirements for certified material, established pursuant to Article 4; and (iv) have been found by official inspection to satisfy the conditions in (i), (ii) and (iii);
8. "CAC ( Conformitas Agraria Communitatis ) material" means propagating material and fruit plants which:(a) have varietal identity and adequate varietal purity; (b) are intended for: the production of propagating material, the production of fruit plants, and/or the production of fruits;
(c) satisfy the specific requirements for CAC material established pursuant to Article 4;
9. "supplier" means any natural or legal person carrying out professionally at least one of the following activities with regard to propagating material or fruit plants: reproducing, producing, preserving and/or treating, importing and marketing; 10. "marketing" means the sale, holding with a view to sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration; 11. "responsible official body" means: (a) an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning the quality of propagating material and fruit plants; (b) 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;
12. "official inspection" means inspection carried out by the responsible official body or under the responsibility of the responsible official body; 13. "lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin.
(a) the propagating material has been officially certified as "pre-basic material", "basic material" or "certified material" or if it meets the conditions to be qualified as CAC material; (b) the fruit plants have been officially certified as certified material or they meet the conditions to be qualified as CAC material.
(a) for trials or scientific purposes; (b) for selection work; or (c) to help preserve genetic diversity.
(a) the conditions with which CAC material must comply, in particular those relating to the propagation system applied, to the purity of the growing crop, plant health, and, except in the case of rootstocks, where the material does not belong to a variety, to varietal aspects; (b) the conditions with which pre-basic, basic and certified material must comply, relating to quality (including, for pre-basic and basic material, methods for the maintenance of the identity of the variety and, where applicable, of the clone, including the relevant pomological characteristics), plant health, the testing methods and procedures applied, the propagation system(s) applied and, except in the case of rootstocks where the material does not belong to a variety, to varietal aspects; (c) the conditions with which rootstocks and other parts of plants of genera or species other than those listed in Annex I, or their hybrids, must comply if propagating material of the genus or species listed in Annex I or their hybrids is grafted onto them.
identify and monitor critical points in their production process which influence the quality of the material, keep information on the monitoring referred to in the first indent available for examination when requested by the responsible official body, take samples where necessary for analysis in a laboratory, and ensure that, during production, lots of propagating material remain separately identifiable.
(a) legally protected by a plant variety right in accordance with provisions on the protection of new varieties; (b) officially registered pursuant to paragraph 4 of this Article; or (c) commonly known; a variety is considered to be commonly known if: (i) it has been officially registered in another Member State; (ii) it is the subject of an application for official registration in any Member State, or of an application for a plant variety right referred to in point (a); or (iii) it has been already marketed before 30 September 2012 in the territory of the Member State concerned or of another Member State, provided that it has an officially recognised description.
A reference pursuant to paragraph 1 may also be made to a variety of no intrinsic value for commercial crop production provided that the variety has an officially recognised description and the propagating material and fruit plants are marketed as CAC material in the territory of the Member State concerned and are identified by a reference to this provision on the label and/or document.
(a) the conditions of official registration, which may include, in particular, distinctness, stability and sufficient uniformity; (b) the characteristics which as a minimum the examinations of the various species must cover; (c) the minimum requirements for carrying out the examinations; (d) the maximum period of validity of the official registration of a variety.
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, it may be decided that a common list of varieties may be established and published.
(a) qualified as CAC material and accompanied by a document made out by the supplier in accordance with the specific requirements established pursuant to Article 4. If an official declaration appears on this document, it shall be clearly separate from all other information in the document; or (b) qualified as pre-basic, basic or certified material, and certified as such by the responsible official body in accordance with the specific requirements established pursuant to Article 4. Requirements in respect of propagating material and/or fruit plants with regard to labelling and/or sealing and packaging may be indicated in implementing measures adopted in accordance with the procedure referred to in Article 19(3).
(a) from the application of Article 9(1), small producers all of whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production (local circulation); (b) from the checks and official inspections provided for in Article 13, the local circulation of propagating materials and fruit plants produced by such exempt persons.
propagating material or fruit plants produced in third countries, propagating material or fruit plants suitable for organic farming, propagating material or fruit plants marketed in relation to measures for the conservation of genetic diversity.
Castanea sativa Mill.Citrus L.Corylus avellana L.Cydonia oblonga Mill.Ficus carica L.Fortunella SwingleFragaria L.Juglans regia L.Malus Mill.Olea europaea L.Pistacia vera L.Poncirus Raf.Prunus amygdalus BatschPrunus armeniaca L.Prunus avium (L.) L.Prunus cerasus L.Prunus domestica L.Prunus persica (L.) BatschPrunus salicina LindleyPyrus L.Ribes L.Rubus L.Vaccinium L.
| Only point 7 of Annex II and point 28 of Annex III | |
| Only Article 1(5) | |
| Directive | Time limit for transposition | Date of application |
|---|---|---|
| 92/34/EEC | ||
| 2003/61/EC | ||
| 2003/111/EC |
| Directive 92/34/EEC | This Directive |
|---|---|
| Articles 1(1) | Articles 1(1) |
| Article 1(2) | — |
| Article 1(3) | Article 18 amended |
| — | Article 1(2)(3) |
| Article 2 | Article 1(4) |
| Article 3 (a), (b) | Article 2(1), (2) |
| — | Article 2(3), (4) |
| Article 3 (c) – (f) | Article 2(5) – 2 (8) amended |
| Article 3 (g) – (h) | — |
| Article 3 (i) – (j) | Article 2(9) – (10) amended |
| Article 3 (k) (i and ii) | Article 2(11) |
| Article 3 (k) partim. | Article 13(2) amended |
| Article 3 (l) (m) | Article 2(12), (13) |
| Article 3 (n) | — |
| Article 3 (o) | Article 2(14) |
| Article 3 (p) | — |
| Article 4(1) | Article 4 amended |
| Article 4(2) | — |
| Article 5 | — |
| — | Article 5 |
| Article 6 | — |
| — | Article 6 |
| Article 7 | Article 15 |
| Articles 8(1) (2) | Article 3(1)(a), (b) amended |
| — | Article 3(2) |
| — | Article 3(3) |
| Article 8(3) | Article 3(4) amended |
| Article 9(1) | Article 7(1) |
| — | Article 7(2) |
| Article 9(2)(i), (ii) | Article 7(3)(a), (b) amended |
| Article 9(2) final provision | Article 7(4) amended |
| Article 9(3) | Article 7(5) |
| Article 9(4) | — |
| Article 9(5) | Article 7(6) |
| Article 9(6) | Article 7(7) |
| Articles 10(1) (2) | Articles 8(1) (2) amended |
| Article 10(3) | — |
| Article 11 | Article 9 amended |
| Article 12 | Article 10 |
| Article 13 | Article 11 amended |
| Article 14 | Article 17(1) |
| Article 15 | Article 17(2) amended |
| Article 16 | Article 12 |
| Article 17 | Article 13(1) amended |
| Article 18 | Article 13(3) amended |
| Article 19(1) | Article 16(2) |
| Article 19(2) | Article 16(3) |
| Article 19(3) | Article 16(4) |
| Article 20 | Article 14 |
| Article 21(1) (2) | Article 19(1) (2) |
| Article 21(3) | Article 19(4) |
| Article 22(1) (2) | Article 19(1) (3) |
| Article 23 | — |
| Article 24(1) | Article 16(1) |
| Article 24(2) | — |
| Article 25 | — |
| Article 26 | Article 20 |
| — | Article 21 |
| — | Article 22 |
| — | Article 23 |
| Article 27 | Article 24 |
| Annex I | — |
| Annex II | Annex I |
| — | Annexes II and III |