Directive 2008/90 - Marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version)
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official title
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)Legal instrument | Directive |
---|---|
Number legal act | Directive 2008/90 |
Original proposal | COM(2007)31 ![]() |
CELEX number228 | 32008L0090 |
Document | 29-09-2008 |
---|---|
Publication in Official Journal | 08-10-2008; OJ L 267, 8.10.2008,Special edition in Croatian: Chapter 03 Volume 054 |
Effect | 28-10-2008; Entry into force Date pub. + 20 See Art 23 |
End of validity | 31-12-9999 |
Transposition | 31-03-2010 |
8.10.2008 |
EN |
Official Journal of the European Union |
L 267/8 |
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)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity. |
(2) |
Fruit production occupies an important place in the agriculture of the Community. |
(3) |
Satisfactory results in the cultivation of fruit depend to a large extent on the quality and plant health of the material used for their propagation and of the fruit plants intended for fruit production. |
(4) |
Harmonised conditions at Community level ensure that purchasers throughout the Community receive propagating material and fruit plants which are healthy and of good quality. |
(5) |
In so far as they relate to plant health, such harmonised conditions must be consistent with Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (4). |
(6) |
It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material and/or fruit plants there is a substantial market which covers more than one Member State. |
(7) |
Without prejudice to the plant health provisions of Directive 2000/29/EC, it is not appropriate to apply the Community rules on the marketing of propagating material and fruit plants when it is shown that such products are intended for export to third countries, as the rules applicable there may be different from those contained in this Directive. |
(8) |
In the interest of clarity the necessary definitions should be established. Those definitions should be based on technical and scientific progress and cover the term concerned in a complete and clear manner, in order to facilitate the harmonisation of the internal market taking into account all new opportunities of the market and all new processes used for the production of propagating material. Those definitions should be harmonised with those adopted for the marketing of other propagating material covered by Community legislation. |
(9) |
It is desirable to establish plant health and quality standards for each genus and species of fruit plant based on international schemes which may include, inter alia, provisions for pathogen testing. It is appropriate to provide, therefore, for a system of harmonised rules for the different categories of propagating material and fruit plants to be marketed by reference to those international schemes, where available. |
(10) |
It is consistent with current agricultural practice to require that propagating material and fruit plants are either officially examined or examined under official supervision as foreseen for other species covered by Community legislation. |
(11) |
Genetically modified propagating material and fruit plants should not be placed on the market... |
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- 1.In the year 1966 for forest reproductive material
- 2.In the year 1999 for forest reproductive material
- 3.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 4.OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
- 5.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 6.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 7.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 8.OJ C
- 9.In the year 1999 for forest reproductive material
- 10.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 11.OJ C
- 12.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 13.Non-differentiated appropriations hereafter referred to as NDA.
- 14.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 15.In the year 1999 for forest reproductive material
- 16.In the year 1999 for forest reproductive material
- 17.In the year 1966 for forest reproductive material
- 18.In the year 1966 for forest reproductive material
- 19.In the year 1999 for forest reproductive material
- 20.Differentiated appropriations.
- 21.Expenditure that does not fall under Chapter 17 01 of the Title 17.
- 22.In the year 1966 for forest reproductive material
- 23.In the year 1999 for forest reproductive material
- 24.In the year 1966 for forest reproductive material
- 25.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 26.OJ C
- 27.In the year 1966 for forest reproductive material
- 28.OJ C
- 29.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 30.See Annex II, Part A.
- 31.OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9). OJ No L 26, 31.1.1977, p. 20; Directive as last amended by Directive 92/10/EEC (OJ L 70, 17. 3. 1992, p. 27).
- 32.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 33.OJ L 268, 18.10.2003, p. 1.
- 34.OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
- 35.In the year 1999 for forest reproductive material
- 36.In the year 1966 for forest reproductive material
- 37.In the year 1999 for forest reproductive material
- 38.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 39.See Annex II, Part A.
- 40.OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9). OJ No L 26, 31.1.1977, p. 20; Directive as last amended by Directive 92/10/EEC (OJ L 70, 17. 3. 1992, p. 27).
- 41.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 42.OJ L 268, 18.10.2003, p. 1.
- 43.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 44.Differentiated appropriations.
- 45.Non-differentiated appropriations hereafter referred to as NDA.
- 46.Expenditure that does not fall under Chapter 17 01 of the Title 17.
- 47.In the year 1999 for forest reproductive material
- 48.In the year 1999 for forest reproductive material
- 49.In the year 1999 for forest reproductive material
- 50.In the year 1999 for forest reproductive material
- 51.In the year 1999 for forest reproductive material
- 52.In the year 1999 for forest reproductive material
- 53.In the year 1966 for forest reproductive material
- 54.In the year 1999 for forest reproductive material
- 55.In the year 1999 for forest reproductive material
- 56.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 57.In the year 1999 for forest reproductive material
- 58.OJ C
- 59.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 60.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 61.See Annex II, Part A.
- 62.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 63.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 64.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 65.OJ C
- 66.In the year 1966 for forest reproductive material
- 67.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 68.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 69.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 70.OJ L 268, 18.10.2003, p. 1.
- 71.OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
- 72.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 73.In the year 1999 for forest reproductive material
- 74.Differentiated appropriations.
- 75.In the year 1999 for forest reproductive material
- 76.In the year 1966 for forest reproductive material
- 77.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 78.In the year 1966 for forest reproductive material
- 79.OJ C
- 80.In the year 1999 for forest reproductive material
- 81.In the year 1999 for forest reproductive material
- 82.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 83.See Annex II, Part A.
- 84.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 85.OJ C
- 86.OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p. 9). OJ No L 26, 31.1.1977, p. 20; Directive as last amended by Directive 92/10/EEC (OJ L 70, 17. 3. 1992, p. 27).
- 87.In the year 1966 for forest reproductive material
- 88.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 89.In the year 1966 for forest reproductive material
- 90.In the year 1966 for forest reproductive material
- 91.In the year 1999 for forest reproductive material
- 92.In the year 1966 for forest reproductive material
- 93.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 94.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 95.OJ C
- 96.In the year 1966 for forest reproductive material
- 97.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 98.In the year 1966 for forest reproductive material
- 99.OJ C
- 100.In the year 1966 for forest reproductive material
- 101.In the year 1966 for forest reproductive material
- 102.In the year 1999 for forest reproductive material
- 103.Differentiated appropriations.
- 104.Non-differentiated appropriations hereafter referred to as NDA.
- 105.In the year 1999 for forest reproductive material
- 106.Expenditure that does not fall under Chapter 17 01 of the Title 17.
- 107.Expenditure within article 17 01 04 of Title 17.
- 108.Expenditure within Chapter 17 01 other than Article 17 01 04.
- 109.See points 19 and 24 of the Interinstitutional agreement.
- 110.Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years.
- 111.If more than one method is indicated please provide additional details in the 'Relevant comments' section of this point.
- 112.As described under Section 5.3.
- 113.Cost of which is NOT covered by the reference amount.
- 114.Cost of which is NOT covered by the reference amount.
- 115.Cost of which is included within the reference amount.
- 116.Reference should be made to the specific legislative financial statement for the Executive Agency(ies) concerned.
- 117.Specify the type of committee and the group to which it belongs.
- 118.In the year 1966 for forest reproductive material
- 119.In the year 1999 for forest reproductive material
- 120.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 121.OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
- 122.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 123.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 124.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 125.OJ C
- 126.In the year 1999 for forest reproductive material
- 127.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 128.OJ C
- 129.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 130.Non-differentiated appropriations hereafter referred to as NDA.
- 131.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 132.In the year 1999 for forest reproductive material
- 133.In the year 1999 for forest reproductive material
- 134.In the year 1966 for forest reproductive material
- 135.In the year 1966 for forest reproductive material
- 136.In the year 1999 for forest reproductive material
- 137.Differentiated appropriations.
- 138.Expenditure that does not fall under Chapter 17 01 of the Title 17.
- 139.In the year 1966 for forest reproductive material
- 140.In the year 1999 for forest reproductive material
- 141.In the year 1966 for forest reproductive material
- 142.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 143.OJ C
- 144.In the year 1966 for forest reproductive material
- 145.OJ C
- 146.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 147.See Annex II, Part A.
- 148.OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p.
9). OJ No L 26, 31.1.1977, p. 20; Directive as last amended by Directive 92/10/EEC (OJ L 70, 17. 3. 1992, p. 27).
- 149.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 150.OJ L 268, 18.10.2003, p. 1.
- 151.OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
- 152.In the year 1999 for forest reproductive material
- 153.In the year 1966 for forest reproductive material
- 154.In the year 1999 for forest reproductive material
- 155.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 156.See Annex II, Part A.
- 157.OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2006/35/EC (OJ L 88, 25.3.2006, p.
9). OJ No L 26, 31.1.1977, p. 20; Directive as last amended by Directive 92/10/EEC (OJ L 70, 17. 3. 1992, p. 27).
- 158.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 159.OJ L 268, 18.10.2003, p. 1.
- 160.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 161.Differentiated appropriations.
- 162.Non-differentiated appropriations hereafter referred to as NDA.
- 163.Expenditure that does not fall under Chapter 17 01 of the Title 17.
- 164.In the year 1999 for forest reproductive material
- 165.In the year 1999 for forest reproductive material
- 166.In the year 1999 for forest reproductive material
- 167.In the year 1999 for forest reproductive material
- 168.In the year 1999 for forest reproductive material
- 169.In the year 1999 for forest reproductive material
- 170.In the year 1966 for forest reproductive material
- 171.In the year 1999 for forest reproductive material
- 172.In the year 1999 for forest reproductive material
- 173.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 174.In the year 1999 for forest reproductive material
- 175.OJ C
- 176.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 177.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 178.See Annex II, Part A.
- 179.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 180.In the year 1966 for forest reproductive material
- 181.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 182.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 183.OJ L 106, 17.4.2001, p. 1. Directive as last amended by Commission Regulation (EC) No 1830/2003 (OJ L 268, 18.10.2003, p. 24).
- 184.OJ L 268, 18.10.2003, p. 1.
- 185.OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
- 186.As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (See Article 26(2) of Directive 92/34/EEC).
- 187.In the year 1999 for forest reproductive material
- 188.Differentiated appropriations.
- 189.In the year 1999 for forest reproductive material
- 190.In the year 1966 for forest reproductive material
- 191.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 192.In the year 1966 for forest reproductive material
- 193.OJ C
- 194.In the year 1999 for forest reproductive material
- 195.In the year 1999 for forest reproductive material
- 196.OJ L 157, 10.6.1992, p. 10. Directive as last amended by Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16).
- 197.See Annex II, Part A.
- 198.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 199.OJ C
- 200.In the year 1966 for forest reproductive material
- 201.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 202.In the year 1966 for forest reproductive material
- 203.In the year 1999 for forest reproductive material
- 204.In the year 1966 for forest reproductive material
- 205.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 206.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 207.In the year 1966 for forest reproductive material
- 208.Propagating material means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants.
- 209.In the year 1966 for forest reproductive material
- 210.In the year 1966 for forest reproductive material
- 211.In the year 1966 for forest reproductive material
- 212.In the year 1999 for forest reproductive material
- 213.Differentiated appropriations.
- 214.Non-differentiated appropriations hereafter referred to as NDA.
- 215.In the year 1999 for forest reproductive material
- 216.Expenditure that does not fall under Chapter 17 01 of the Title 17.
- 217.Expenditure within article 17 01 04 of Title 17.
- 218.Expenditure within Chapter 17 01 other than Article 17 01 04.
- 219.See points 19 and 24 of the Interinstitutional agreement.
- 220.Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years.
- 221.If more than one method is indicated please provide additional details in the 'Relevant comments' section of this point.
- 222.As described under Section 5.3.
- 223.Cost of which is NOT covered by the reference amount.
- 224.Cost of which is NOT covered by the reference amount.
- 225.Cost of which is included within the reference amount.
- 226.Reference should be made to the specific legislative financial statement for the Executive Agency(ies) concerned.
- 227.Specify the type of committee and the group to which it belongs.
- 228.Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
- 229.EUR-lex provides an overview of the proposal, amendments, citations and legality.