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Articles 2 to 20 and Article 23 shall apply to the genera and species, and their hybrids, listed in Annex II.
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.

Amendments to the list of genera and species in Annex II shall be adopted in accordance with the procedure referred to in Article 21(3).

‘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 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;

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:

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.

‘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.

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.

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:
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.

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.

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.

If the result of their own checks or any information at the disposal of the suppliers referred to in paragraph 1 reveals the presence of one or more of the harmful organisms referred to in Directive 2000/29 or, in quantities greater than those normally allowed for in order to meet the standards, of those specified in the relevant schedules established pursuant to Article 4 of this Directive, the suppliers shall immediately report this to the responsible official body and shall take the measures indicated by that body or any other measure necessary to reduce the risk of such harmful organisms from spreading. The supplier shall keep records of all occurrences of harmful organisms on his premises and of all measures taken in relation to such occurrences.

Detailed rules for the application of the second subparagraph of paragraph 2 shall be established in accordance with the procedure referred to in Article 21(2).

The responsible official body shall accredit laboratories once it has verified that these laboratories, their methods and their establishments meet the requirements of this Directive to be specified in accordance with the procedure referred to in Article 21(2), with regard to the testing activities they carry out. Accreditation must be renewed if a laboratory decides to carry out activities other than those for which it has received accreditation.

The responsible official body shall take the necessary measures if the requirements referred to in paragraphs 1 and 2 cease to be met. To this end, it shall take particular account of the conclusions of any check carried out in accordance with Article 7.

The supervision and monitoring of suppliers, establishments and laboratories shall be carried out regularly by or under the responsibility of the responsible official body, which shall at all times have free access to all parts of establishments, in order to ensure compliance with the requirements of this Directive. Implementing measures concerning supervision and monitoring shall be adopted, as necessary, in accordance with the procedure referred to in Article 21(2).
If such supervision and monitoring reveal that the requirements of this Directive are not being met, the responsible official body shall take appropriate action.

Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure referred to in Article 21(2).

Without prejudice to the provisions of Directive 2000/29, 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.

Detailed rules for the application of points (a), (b) and (c) of paragraph 2 shall be adopted as necessary in accordance with the procedure referred to in Article 21(2).

Without prejudice to Article 2 and paragraph 3 of this Article, vegetable propagating and planting material which belongs to genera or species listed in Annex II but which is not covered by MVSD shall not be marketed within the Community unless it belongs to a variety officially accepted in at least one Member State.
The provisions laid down in Articles 4 and 5 and Article 9(3) of MVSD shall apply to the conditions for acceptance.
Article 3(2) and (4), Articles 6, 7, 8, 9(1)cles' class='internal-link article' href='#art_10' data-bs-toggle='popover' data-bs-trigger='hover focus' data-bs-content='While growing and during lifting or removal from the parent material, vegetable propagating and planting material shall be kept in separate lots.' data-bs-placement='top' >10 7, 15'articles' class='internal-link article' href='#art_6' data-bs-toggle='popover' data-bs-trigger='hover focus' data-bs-content='The responsible official body shall accredit suppliers once it has verified that their production methods and establishments meet the requirements of this Directive with regard to the nature of the activities they carry out. Accreditation must be renewed if a supplier decides to carry out activities other than those for which he has received accreditation.' data-bs-placement='top' >6, 7, 8, 9(1), (2) and (4) and Articles 60 7o 859(1)cles' class='internal-link article' href='#art_10' data-bs-toggle='popover' data-bs-trigger='hover focus' data-bs-content='While growing and during lifting or removal from the parent material, vegetable propagating and planting material shall be kept in separate lots.' data-bs-placement='top' >10 to 15 of that Directive shall apply mutatis mutandis to the procedures and formalities for acceptance and maintenance production. mutatis mutandis
The results of unofficial tests and practical information gathered in the course of growing may be taken into consideration in each instance.

Varieties officially accepted in accordance with paragraph 2 shall be entered in the Common Catalogue of Varieties of Vegetable Species referred to in Article 17 of MVSD. Articles 16(2), 17, 18 and 19 of that Directive shall apply mutatis mutandis . mutatis mutandis

If vegetable propagating and planting material of different origins is put together or mixed during packaging, storage, transport or at delivery, the supplier shall keep records including the following data: composition of the lot and origin of the individual components.

Member States shall ensure compliance with the requirements of paragraphs 1 and 2 by carrying out official inspections.

In the case of supply by the retailer of vegetable propagating and planting material to a non-professional final consumer, requirements on labelling may be confined to appropriate product information.

Implementing measures relating to other requirements concerning the exemptions referred to in paragraph 1, in particular as regards the concepts of ‘small producers’ and ‘local market’, and to the relevant procedures, shall be adopted in accordance with the procedure referred to in Article 21(2).

The marketing of vegetable propagating and planting material whose variety is entered in the Common Catalogue of Varieties of Vegetable Species shall not be subject to any restriction as regards variety other than those laid down or referred to in this Directive.

Pending the decision referred to in paragraph 1, Member States may, until 31 December 2012, and without prejudice to the provisions of Directive 2000/29, apply to the import of vegetable propagating and planting material from third countries conditions at least equivalent to those laid down temporarily or permanently in the schedules referred to in Article 4 of this Directive. Where no such conditions are laid down in those schedules, the import conditions must be at least equivalent to those applicable to production in the Member State concerned.
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.

If it is found that vegetable propagating and planting material marketed by a particular supplier does not comply with the requirements and conditions of this Directive, the Member State concerned shall ensure that appropriate measures are taken against that supplier. If the supplier is forbidden to market vegetable propagating and planting material, the Member State shall notify the Commission and the competent national authorities in the Member States.

Any measures taken under paragraph 2 shall be withdrawn as soon as it has been established with adequate certainty that the vegetable propagating and planting material intended for marketing by the supplier will, in future, comply with the requirements and conditions of this Directive.

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:

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.

Those comparative tests and trials shall be used to harmonise the technical methods of examination of vegetable propagating and planting material and to check satisfaction of the conditions with which the material must comply.

In accordance with the procedure referred to in Article 21(2), the necessary arrangements shall be made for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 21(1) about the technical arrangements for holding those tests and trials and the results thereof. When plant health problems occur, the Commission shall notify the Standing Committee on Plant Health.

The Community may make a financial contribution to the performance of the comparative tests and trials provided for in paragraphs 2 and 3.
The financial contribution shall not exceed the annual appropriations decided by the budgetary authority.

The comparative tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure referred to in Article 21(2).

The comparative tests and trials provided for in paragraphs 2 and 3 may be performed only by State authorities or legal persons acting under the responsibility of the State.

Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

If it is found, during an official inspection, that vegetable propagating and planting material cannot, by reason of non-compliance with a condition relating to plant health, be marketed, the Member State concerned shall take appropriate official measures to eliminate any consequent plant health risk.

Japanese bunching onion or Welsh onion

Leek

Garlic

Chives

Chervil

Celery Celeriac

Asparagus

Beetroot including Cheltenham beet Spinach beet or Chard

Curly kale Cauliflower Sprouting broccoli or Calabrese Brussels sprouts Savoy cabbage White cabbage Red cabbage Kohlrabi

Chinese cabbage Turnip

Chilli or Pepper

Curled-leaved endive Plain-leaved endive

Witloof chicory Large-leaved chicory or Italian chicory Industrial chicory

Watermelon

Melon

Cucumber Gherkin

Gourd

Marrow or Courgette

Globe artichoke Cardoon

Carrot Fodder carrot

Fennel

Lettuce

Tomato

Parsley

Runner bean

Dwarf French bean Climbing French bean

Wrinkled pea Round pea Sugar pea

Radish Black radish

Rhubarb

Scorzonera or Black salsify

Aubergine or Eggplant

Spinach

Corn salad or Lamb’s lettuce

Broad bean

Sweetcorn Popcorn

Only Annex II, point 6 and Annex III, point 27

Only Article 1, point 4

Only Article 1 and Annex

PART B

Time limit for transposition Date of application

31 December 1992 —

10 October 2003 —

30 June 2007 1 July 2007 ( 1 )

( 1 ) In accordance with the second subparagraph of Article 3(1) of Directive 2006/124: ‘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.’ Allium cepa Allium fistulosum Allium sativum Allium schoenoprasum Rheum rhabarbarum Zea mays

This Directive

Articles 1, 2 and 3

Article 4, introductory phrase

Article 4, points (a) and (b)

Articles 5, 6 and 7

Article 8(1)

Article 8(2)

Article 8(3)

Article 9(1) and (2)

—

Article 9(3)

—

Articles 10 and 11

Article 12(1) introductory phrase

Article 12(1)(a) and (b)

Article 12(2)

Articles 13 to 20

Article 21(1) and (2)

Article 21(4)

—

Article 21(3)

Article 22

Article 23

—

Article 24

Article 25

Article 26

Article 27

Annexes I and II

Annexes III and IV