32008L0072

WHAT IS THE AIM OF THE DIRECTIVE?

It establishes harmonised conditions for the marketing in the European Union (EU) of vegetable propagating¹ and planting material², in order to ensure its health and good quality.

KEY POINTS

The directive:

• applies to the marketing of vegetable propagating and planting materials, other than seeds, in the EU;
• applies to certain vegetables, ranging from onions to sweet corn, listed in Annex II to the directive, and to rootstocks on which those vegetables are grafted;
• does not apply to propagating or planting material:
  • to be exported to non-EU countries,
  • intended for trials or scientific purposes,
  • intended for measures to preserve genetic diversity.

EU Member States:

• ensure suppliers comply with the directive’s standards when producing and marketing the material;
• designate a responsible official body for quality control;
• may exempt small producers in local markets from some controls and documentation requirements;
• cannot impose more stringent marketing conditions on regulated material other than those laid down in the directive.

Suppliers must:

• carry out, or have carried out by a recognised body, checks based on:
  • the identification, monitoring and inspection of critical points in the production process,
  • samples analysed by an accredited laboratory;
• keep, for at least a year, written or indelible records of the data on the abovementioned checks;
• report immediately the presence of one or more harmful organisms, take any necessary measures to reduce the risk of spreading and record any incident.

Responsible official bodies:

• accredit suppliers and laboratories once they have verified their production methods and establishments;
• supervise and monitor suppliers, establishments and laboratories regularly;
• have free access to all parts of establishments;
• take appropriate action if requirements are not respected.

The European Commission:

• may send experts for on-the-spot checks, in cooperation with national official bodies, to ensure the directive is being uniformly applied and suppliers are meeting their obligations;
• is assisted for the adoption of implementing rules by the Standing Committee on Seeds and Propagating Materials for Agriculture, Horticulture and Forestry.

Propagating and planting material:

• may only be marketed within the EU if it belongs to a variety accepted in accordance with Directive 2002/55/EC;
• must be kept in separate lots during growing, lifting and removal and clearly recorded if mixed during packaging, storage, transport or delivery;
• must be marketed in sufficiently homogenous lots and accompanied by a supplier’s document;
• must respect plant health requirements.

The requirements as regards conditions to be met by vegetable propagating and planting material and the supplier’s document are further detailed in Commission Directive 93/61/EEC of 2 July 1993.

FROM WHEN DO THE RULES APPLY?

Directive 2008/72/EC has applied since 21 August 2008. It codified and replaced Directive 92/33/EEC and its subsequent amendments. The original Directive 1999/32/EC had to be transposed into national law by 1992.

BACKGROUND

For further information, see:

• EU marketing requirements (European Commission).

KEY TERMS

1. Propagating material. Parts of plants and all plant material used to propagate and produce vegetables.
2. Planting material. Entire, and parts of, plants, including grafted components planted to produce vegetables.

MAIN DOCUMENT

Council Directive 2008/72/EC of 15 July 2008 on the marketing of vegetable propagating and planting material, other than seed (Codified version) (OJ L 205, 1.8.2008, pp. 28–39).

Successive amendments to Directive 2008/72/EC have been incorporated into the original text. This consolidated version is of documentary value only.