title: 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)

text:
               1.8.2008

               EN

               Official Journal of the European Union

               L 205/28

      COUNCIL DIRECTIVE 2008/72/EC
   of 15 July 2008
   on the marketing of vegetable propagating and planting material, other than seed
   (Text with EEA relevance)
   (Codified 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 92/33/EEC of 28 April 1992 on the marketing of vegetable propagating and planting material, other than seed (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Directive should be codified.

               (2)

               The production of vegetables occupies an important place in agriculture in the Community.

               (3)

               Satisfactory results in the cultivation of vegetables depend to a large extent on the quality and plant health not only of the seed, which is already covered by Council Directive 2002/55/EC of 13 June 2002 on the marketing of vegetable seed (4), but also of the vegetable planting material used for their propagation.

               (4)

               The different treatment accorded to vegetable propagating and planting material in different Member States is likely to create barriers to trade and thus hinder the free movement of these products within the Community.

               (5)

               Harmonised conditions at Community level should ensure that purchasers throughout the Community receive vegetable propagating and planting material which is healthy and of good quality.

               (6)

               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 (5).

               (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 vegetable propagating and planting material 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)

               The determination of plant health and quality standards for each genus and species of vegetable plant requires lengthy and detailed technical and scientific consideration. A procedure should accordingly be established for that purpose.

               (9)

               In the first instance it is the responsibility of the suppliers of vegetable propagating and planting material to ensure that their products fulfil the conditions laid down in this Directive.

               (10)

               The competent authorities of the Member States should, when carrying out controls and inspections, ensure that suppliers fulfil those conditions.

               (11)

               Community control measures should be provided for to ensure the uniform application in all the Member States of the standards laid down in this Directive.

               (12)

               It is in the interests of the purchasers of vegetable propagating and planting materials that the name of varieties be known and their identity safeguarded.

               (13)

               To that end, provision should be made as far as possible for the application of the rules on the varietal aspect as established with respect to the marketing of vegetable seed.

               (14)

               In order to ensure the identity and orderly marketing of vegetable propagating and planting material, Community rules should be laid down concerning the separation of lots, and marking. The labels used should give the particulars needed both for official controls and for the information of the user.

               (15)

               Rules should be established permitting, in cases of temporary supply difficulties, the marketing of vegetable propagating and planting material subject to requirements less stringent than those contained in this Directive.

               (16)

               Member States should be prohibited in the case of the genera and species referred to in Annex II, for which schedules will be drawn up, from imposing new conditions or restrictions on the marketing, other than those provided for in this Directive.

               (17)

               Provisions should be made for authorising the marketing within the Community of vegetable propagating and planting material produced in third countries, provided always that it affords the same assurances as vegetable propagating and planting material produced in the Community and complying with Community rules.

               (18)

               In order to harmonise technical methods of examination used in the Member States and to compare propagating and planting material and vegetable plants produced in the Community with that produced in third countries, comparative trials should be carried out to check compliance of such products with the requirements of this Directive.

               (19)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (6).

               (20)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex III, Part B,

         HAS ADOPTED THIS DIRECTIVE:
   Article 1
   1.   This Directive shall apply to the marketing of vegetable propagating and planting materials, other than seeds, within the Community.
   2.   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.
   3.   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).
   Article 2
   This Directive shall not apply to propagating or planting material shown to be intended for export to third countries, if properly identified as such and kept sufficiently isolated, without prejudice to the health rules laid down in Directive 2000/29/EC.
   Implementing measures for the first paragraph, with particular reference to identification and isolation, shall be adopted in accordance with the procedure referred to in Article 21(2).
   Article 3
   For the purposes of this Directive, the following definitions shall apply:

               (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.

                     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.

         Article 4
   In accordance with the procedure referred to in Article 21(3), a schedule shall be established in Annex I for each genus and species referred to in Annex II and for rootstocks of other genera and species if material of the genus or species is, or has to be, grafted on to them, with a reference to the plant health conditions laid down in Directive 2000/29/EC applying to the genus and/or species concerned, and laying down:

               (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.

         Article 5
   1.   Member States shall ensure that suppliers take all the necessary measures to guarantee compliance with the standards set by this Directive at all stages of the production and marketing of vegetable propagating and planting material.
   2.   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:

               —

               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.
   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.
   3.   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/EC 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.
   4.   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).
   Article 6
   1.   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.
   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.
   3.   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.
   4.   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.
   Article 7
   1.   Commission experts may, in cooperation with the responsible official bodies of the Member States, make on-the-spot checks in so far as this is necessary to ensure uniform application of this Directive, and in particular to verify whether suppliers are in effect complying with the requirements of this Directive. A Member State in whose territory a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the Member States of the result of the investigations.
   2.   Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure referred to in Article 21(2).
   Article 8
   1.   Vegetable propagating and planting material may be marketed only by accredited suppliers and provided that they meet the requirements laid down in the schedule referred to in Article 4.
   2.   Without prejudice to the provisions of Directive 2000/29/EC, paragraph 1 shall not apply to vegetable propagating and planting material intended for:

               (a)

               trials or scientific purposes; or

               (b)

               selection work; or

               (c)

               measures aimed at preserving genetic diversity.

         3.   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).
   Article 9
   1.   Without prejudice to Article 2, vegetable propagating and planting material which belongs to genera or species listed in Annex II and is also covered by Directive 2002/55/EC shall not be marketed within the Community unless it belongs to a variety accepted in accordance with that Directive.
   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 Directive 2002/55/EC 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 Directive 2002/55/EC shall apply to the conditions for acceptance.
   Article 3(2) and (4), Articles 6, 7, 8, 9(1), (2) and (4) and Articles 10 to 15 of that Directive shall apply mutatis mutandis to the procedures and formalities for acceptance and maintenance production.
   The results of unofficial tests and practical information gathered in the course of growing may be taken into consideration in each instance.
   3.   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 Directive 2002/55/EC. Articles 16(2), 17, 18 and 19 of that Directive shall apply mutatis mutandis.
   Article 10
   1.   While growing and during lifting or removal from the parent material, vegetable propagating and planting material shall be kept in separate lots.
   2.   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.
   3.   Member States shall ensure compliance with the requirements of paragraphs 1 and 2 by carrying out official inspections.
   Article 11
   1.   Without prejudice to Article 10(2), vegetable propagating and planting material shall be marketed only in sufficiently homogeneous lots and if they are recognised as complying with this Directive and are accompanied by a document made out by the supplier in accordance with the conditions laid down in the schedule established pursuant to Article 4. If an official statement appears on this document, it shall be clearly separated from all other contents of the document.
   Requirements on vegetable propagating and planting material for labelling and/or sealing and packaging shall be set out in the schedule referred to in Article 4.
   2.   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.
   Article 12
   1.   Member States may exempt:

               (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.

         2.   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).
   Article 13
   In the event of temporary difficulties in the supply of vegetable propagating and planting material satisfying the requirements of this Directive, measures may be adopted, in accordance with the procedure referred to in Article 21(2), concerning the marketing of vegetable propagating and planting material meeting less stringent requirements, without prejudice to the plant health rules laid down in Directive 2000/29/EC.
   Article 14
   1.   The marketing of vegetable propagating and planting material which complies with the requirements and conditions of this Directive shall be subject to no restrictions as regards supplier, plant health, growing medium and inspection arrangements other than those laid down in this Directive.
   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.
   Article 15
   As regards the products referred to in Annex II, Member States shall refrain from imposing more stringent conditions or marketing restrictions other than the conditions laid down in the schedules referred to in Article 4 or, failing that, those existing on 28 April 1992.
   Article 16
   1.   In accordance with the procedure referred to in Article 21(2), it shall be decided whether vegetable propagating and planting material produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, is equivalent in all these respects to vegetable propagating and planting material produced in the Community and complying with the requirements and conditions of this Directive.
   2.   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/EC, 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.
   Article 17
   Member States shall ensure that official inspection by sampling checks on propagating and planting material is carried out during production and marketing, with the aim of verifying compliance with the requirements and conditions of this Directive.
   Article 18
   Detailed implementing procedures for the controls provided for in Article 5 and for the official inspection provided for in Articles 10 and 17, including sampling methods, shall be adopted, as necessary, in accordance with the procedure referred to in Article 21(2).
   Article 19
   1.   If, during the supervision and monitoring provided for in Article 6(4), the official inspection provided for in Article 17, or the trials provided for in Article 20, it is found that vegetable propagating and planting material does not meet the requirements of this Directive, the responsible official body of the Member State shall take appropriate action to ensure that it does comply with the provisions of this Directive or, if that is not possible, to ban the marketing of that vegetable propagating and planting material in the Community.
   2.   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.
   3.   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.
   Article 20
   1.   Trials, or, where appropriate, tests shall be carried out in the Member States on samples to check that vegetable propagating and planting material complies with the requirements and conditions of this Directive, including those relating to plant health. The Commission may organise inspections of the trials by representatives of the Member States and of the Commission.
   2.   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.

         3.   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.
   4.   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.
   5.   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.
   6.   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).
   7.   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.
   Article 21
   1.   The Commission shall be assisted by the ‘Standing Committee on Seeds and Propagating Materials for Agriculture, Horticulture and Forestry’, hereinafter referred to as ‘the Committee’.
   2.   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.
   3.   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.
   Article 22
   Amendments to the schedules referred to in Article 4 and to the conditions and detailed rules adopted for the implementation of this Directive shall be adopted in accordance with the procedure referred to in Article 21(2).
   Article 23
   1.   Member States shall ensure that vegetable propagating and planting material produced in their territory and intended for marketing complies with the requirements of this Directive.
   2.   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.
   Article 24
   As far as Articles 5 to 11, 14, 15, 17, 19 and 23 are concerned, the date of application for each of the genera or species referred to in Annex II shall be fixed in accordance with the procedure referred to in Article 21(2), when the schedule referred to in Article 4 is drawn up.
   Article 25
   Directive 92/33/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex III, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.
   Article 26
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 27
   This Directive is addressed to the Member States.

      Done at Brussels, 15 July 2008.

            For the Council

            The President

         M. BARNIER

      (1)  Opinion of 11 March 2008 (not yet published in the Official Journal).

      (2)  OJ L 157, 10.6.1992, p. 1. Directive as last amended by Commission Decision 2007/699/EC (OJ L 284, 30.10.2007, p. 33).

      (3)  See Annex III, Part A.

      (4)  OJ L 193, 20.7.2002, p. 33. Directive as last amended by Commission Directive 2006/124/EC (OJ L 339, 6.12.2006, p. 12).

      (5)  OJ L 169, 10.7.2000, p. 1. Directive as last amended by Commission Directive 2008/64/EC (OJ L 168, 28.6.2008, p. 31).

      (6)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      ANNEX I
      Conditions to be laid down in accordance with Article 4
      PART A
      Conditions with which planting material must comply.
      PART B
      Schedules for genera and species not listed in Directive 2002/55/EC containing conditions with which propagating material must comply.

      ANNEX II
      List of the genera and species referred to in Article 1(2)

                  Allium cepa L.

                              —

                                 Cepa Group

                  Onion
                  Echalion

                              —

                                 Aggregatum Group

                  Shallot

                     Allium fistulosum L.

                  Japanese bunching onion or Welsh onion

                     Allium porrum L.

                  Leek

                     Allium sativum L.

                  Garlic

                     Allium schoenoprasum L.

                  Chives

                     Anthriscus cerefolium (L.) Hoffm.

                  Chervil

                     Apium graveolens L.

                  Celery
                  Celeriac

                     Asparagus officinalis L.

                  Asparagus

                     Beta vulgaris L.

                  Beetroot including Cheltenham beet
                  Spinach beet or Chard

                     Brassica oleracea L.

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

                     Brassica rapa L.

                  Chinese cabbage
                  Turnip

                     Capsicum annuum L.

                  Chilli or Pepper

                     Chicorium endivia L.

                  Curled-leaved endive
                  Plain-leaved endive

                     Chicorium intybus L.

                  Witloof chicory
                  Large-leaved chicory or Italian chicory
                  Industrial chicory

                     Citrullus lanatus (Thunb.) Matsum. et Nakai

                  Watermelon

                     Cucumis melo L.

                  Melon

                     Cucumis sativus L.

                  Cucumber
                  Gherkin

                     Cucurbita maxima Duchesne

                  Gourd

                     Cucurbita pepo L.

                  Marrow or Courgette

                     Cynara cardunculus L.

                  Globe artichoke
                  Cardoon

                     Daucus carota L.

                  Carrot
                  Fodder carrot

                     Foeniculum vulgare Mill.

                  Fennel

                     Lactuca sativa L.

                  Lettuce

                     Lycopersicon esculentum Mill.

                  Tomato

                     Petroselinum crispum (Mill.) Nyman ex A. W. Hill

                  Parsley

                     Phaseolus coccineus L.

                  Runner bean

                     Phaseolus vulgaris L.

                  Dwarf French bean
                  Climbing French bean

                     Pisum sativum L. (partim)

                  Wrinkled pea
                  Round pea
                  Sugar pea

                     Raphanus sativus L.

                  Radish
                  Black radish

                     Rheum rhabarbarum L.

                  Rhubarb

                     Scorzonera hispanica L.

                  Scorzonera or Black salsify

                     Solanum melongena L.

                  Aubergine or Eggplant

                     Spinacia oleracea L.

                  Spinach

                     Valerianelle locusta (L.) Laterr.

                  Corn salad or Lamb’s lettuce

                     Vicia faba L. (partim)

                  Broad bean

                     Zea mays L. (partim)

                  Sweetcorn
                  Popcorn

      ANNEX III
      PART A
      Repealed Directive with list of its successive amendments
      (referred to in Article 25)

                  Council Directive 92/33/EEC
                  (OJ L 157, 10.6.1992, p. 1).

                  Commission Decision 93/400/EEC
                  (OJ L 177, 21.7.1993, p. 27).

                  Commission Decision 94/152/EC
                  (OJ L 66, 10.3.1994, p. 33).

                  Commission Decision 95/25/EC
                  (OJ L 36, 16.2.1995, p. 34).

                  Commission Decision 97/109/EC
                  (OJ L 39, 8.2.1997, p. 21).

                  Commission Decision 1999/29/EC
                  (OJ L 8, 14.1.1999, p. 29).

                  Commission Decision 2002/111/EC
                  (OJ L 41, 13.2.2002, p. 43).

                  Council Regulation (EC) No 806/2003
                  (OJ L 122, 16.5.2003, p. 1).

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

                  Council Directive 2003/61/EC
                  (OJ L 165, 3.7.2003, p. 23).

                  Only Article 1, point 4

                  Commission Decision 2005/55/EC
                  (OJ L 22, 26.1.2005, p. 17).

                  Commission Directive 2006/124/EC
                  (OJ L 339, 6.12.2006, p. 12).

                  Only Article 1 and Annex

                  Commission Decision 2007/699/EC
                  (OJ L 284, 30.10.2007, p. 33).

            PART B
      List of time limits for transposition into national law and application
      (referred to in Article 25)

                  Directive

                  Time limit for transposition

                  Date of application

                  92/33/EEC

                  31 December 1992

                  —

                  2003/61/EC

                  10 October 2003

                  —

                  2006/124/EC

                  30 June 2007

                  1 July 2007 (1)

         (1)  In accordance with the second subparagraph of Article 3(1) of Directive 2006/124/EC: ‘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.’

      ANNEX IV
      CORRELATION TABLE

                  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


title: Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast) (Text with EEA relevance)

text:
               7.11.2008

               EN

               Official Journal of the European Union

               L 298/9

      DIRECTIVE 2008/92/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 22 October 2008
   concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,
   Having regard to the proposal from the Commission,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:

               (1)

               Council Directive 90/377/EEC of 29 June 1990 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (2) has been significantly amended on several occasions (3). Now that new amendments are being made to the said Directive, it is desirable, for reasons of clarity, that the provisions in question should be recast.

               (2)

               Energy price transparency, to the extent that it reinforces the conditions ensuring that competition is not distorted in the common market, is essential to the achievement and smooth functioning of the internal energy market.

               (3)

               Transparency can help to obviate discrimination against users by increasing their freedom to choose between different energy sources and different suppliers.

               (4)

               At present, the degree of transparency varies from one energy source and one Member State or one Community region to another, thus calling into question the achievement of an internal energy market.

               (5)

               However, the price paid by industry in the Community for the energy which it uses is one of the factors which influence its competitiveness and should therefore remain confidential.

               (6)

               The system of standard consumers used by the Statistical Office of the European Communities (Eurostat) in its price publications and the price system introduced for major industrial electricity users ensure that transparency is not an obstacle to confidentiality.

               (7)

               It is necessary to extend the consumer categories used by Eurostat up to the limits at which the consumers remain representative.

               (8)

               In this way end-users price transparency would be achieved without endangering the necessary confidentiality of contracts. In order to respect confidentiality there must be at least three consumers in a given consumption category for a price to be published.

               (9)

               This information, which concerns gas and electricity consumed by industry for energy end-users, will also enable comparisons to be drawn with other energy sources (oil, coal, fossil and renewable energy sources) and other consumers.

               (10)

               Undertakings which supply gas and electricity as well as industrial gas and electricity consumers remain, independently of the application of this Directive, subject to the Treaty’s competition rules and consequently the Commission can require communication of prices and conditions of sale.

               (11)

               Knowledge of the price systems in force forms part of price transparency.

               (12)

               Knowledge of the breakdown of consumers by category and their respective market shares also forms part of price transparency.

               (13)

               The communication to Eurostat of prices and conditions of sale to consumers and price systems in operation as well as the breakdown of consumers by consumption category should inform the Commission sufficiently for it to decide, as necessary, on appropriate action or proposals in the light of the situation of the internal energy market.

               (14)

               The data supplied to Eurostat will be more reliable if the undertakings themselves compile these data.

               (15)

               Familiarity with the taxation and parafiscal charges existing in each Member State is important to ensure price transparency.

               (16)

               It must be possible to check the reliability of the data supplied to Eurostat.

               (17)

               The achievement of transparency presupposes the publication and circulation of prices and price systems as widely as possible among consumers.

               (18)

               To implement energy price transparency the system should be based on the proven expertise and methods developed and applied by Eurostat regarding the processing, checking and publication of data.

               (19)

               With the prospect of the achievement of the internal market in energy, the system of price transparency should be rendered operational as soon as possible.

               (20)

               The uniform implementation of this Directive can only take place in all the Member States when the natural gas market, in particular with regard to infrastructure, has reached a sufficient level of development.

               (21)

               The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4).

               (22)

               In particular, the Commission should be empowered to make the necessary changes to Annexes I and II in the light of specific problems identified. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

               (23)

               Since the new elements introduced into this Directive concern committee procedure only, they do not need to be transposed by the Member States.

               (24)

               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B,

         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Member States shall take the steps necessary to ensure that undertakings which supply gas or electricity to industrial end-users, as defined in Annexes I and II, communicate to the Statistical Office of the European Communities (Eurostat) in the form provided for in Article 3:

               1.

               the prices and terms of sale of gas and electricity to industrial end-users;

               2.

               the price systems in use;

               3.

               the breakdown of consumers and the corresponding volumes by category of consumption to ensure the representativeness of these categories at national level.

         Article 2
   1.   The undertakings referred to in Article 1 shall assemble the data provided for in Article 1(1) and (2) on 1 January and 1 July of each year.
   These data, drawn up in conformity with the provisions referred to in Article 3, shall be sent to Eurostat and the competent authorities of the Member States within two months.
   2.   On the basis of the data referred to in paragraph 1, Eurostat shall publish each May and each November, in an appropriate form, the prices of gas and electricity for industrial users in the Member States and the pricing systems used to that end.
   3.   The information provided for in Article 1(3) shall be sent every two years to Eurostat and to the Member States’ competent authorities.
   This information shall not be published.
   Article 3
   The implementing provisions concerning the form, content and all other features of the information provided for in Article 1 are set out in Annexes I and II.
   Article 4
   Eurostat shall not disclose data supplied to it pursuant to Article 1 which might, by their nature, be subject to commercial confidentiality. Such confidential statistical data transmitted to Eurostat shall be accessible only to officials of Eurostat and may be used only for statistical purposes.
   The first paragraph shall not, however, prevent the publication of such data in an aggregated form which does not enable individual commercial transactions to be identified.
   Article 5
   Where Eurostat notes statistically significant anomalies or inconsistencies in data transmitted under this Directive, it may ask the national bodies to allow it to inspect the appropriate disaggregated data as well as the methods of calculation or evaluation upon which the aggregated data are based, in order to assess, or even amend, any information deemed irregular.
   Article 6
   Where appropriate, the Commission shall make the necessary changes to Annexes I and II in the light of specific problems identified. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).
   Such changes shall, however, cover only the technical features of Annexes I and II and shall not be of a nature such as to alter the general structure of the system.
   Article 7
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 8
   Once a year the Commission shall present a summary report on the operation of this Directive to the European Parliament, the Council and the European Economic and Social Committee.
   Article 9
   In the case of natural gas, this Directive will not be implemented in a Member State until five years after the introduction of that form of energy on the market in question.
   The date of introduction of that energy source on a national market shall be explicitly reported to the Commission by the Member State concerned without delay.
   Article 10
   Directive 90/377/EEC, as amended by the acts listed in Annex III, Part A, is repealed without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex III, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex IV.
   Article 11
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 12
   This Directive is addressed to the Member States.

      Done at Strasbourg, 22 October 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         J.-P. JOUYET

      (1)  Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 25 September 2008.

      (2)  OJ L 185, 17.7.1990, p. 16.

      (3)  See Annex III, Part A.

      (4)  OJ L 184, 17.7.1999, p. 23.

      ANNEX I
      GAS PRICES
      Gas prices for industrial end-users (1) to be collected and compiled according to the following methodology.

                  (a)

                  Prices to be reported are prices paid by industrial end-users buying natural gas distributed through mains for their own use.

                  (b)

                  All industrial uses of gas are considered. However, the system excludes consumers who use gas:

                              —

                              for electricity generation in power plants or in CHP plants,

                              —

                              in non-energy uses (e.g. in the chemical industry),

                              —

                              above 4 000 000 gigajoule (GJ) per year.

                  (c)

                  Prices recorded to be based on a system of standard consumption bands defined by a range of annual gas consumption.

                  (d)

                  Prices will be collected twice per year, at the beginning of each six-month period (January and July) and will refer to the average prices paid by industrial end-users for gas over the previous six months. The first communication of price data to the Statistical Office of the European Communities (Eurostat) will refer to the situation on 1 January 2008.

                  (e)

                  Prices must be expressed in national currency per gigajoule. The unit of energy used is measured on the basis of the gross calorific value (GCV).

                  (f)

                  Prices must include all charges payable: network charges plus energy consumed minus any rebates or premiums, plus other charges (meter rental, standing charges, etc.). Initial connection charges are not to be included.

                  (g)

                  Prices are to be recorded as national average prices.

                  (h)

                  The Member States develop and implement cost-effective procedures to ensure a representative data compilation system based on the following rules:

                              —

                              prices will represent weighted average prices, using the market shares of the gas supply undertakings surveyed as weighting factors; arithmetic average prices will be provided only when weighted figures cannot be calculated. In either case, Member States will ensure that a representative share of the national market is covered by the survey,

                              —

                              market shares should be based on the quantity of gas invoiced by the gas supply undertakings to industrial end-users. If possible, the market shares will be calculated separately for each band. The information used for calculating weighted average prices will be managed by Member States, respecting confidentiality rules,

                              —

                              in the interest of confidentiality, data relating to prices will be communicated only where there are, in the Member State concerned, at least three end-users in each of the categories referred to under point (j).

                  (i)

                  Three levels of prices are to be provided:

                              —

                              prices excluding taxes and levies,

                              —

                              prices excluding VAT and other recoverable taxes,

                              —

                              prices including all taxes, levies and VAT.

                  (j)

                  Gas prices will be surveyed for the following categories of industrial end-user:

                              Industrial end-user

                              Annual gas consumption (GJ)

                              Lowest

                              Highest

                              Band-I1

                              < 1 000

                              Band-I2

                              1 000

                              < 10 000

                              Band-I3

                              10 000

                              < 100 000

                              Band-I4

                              100 000

                              < 1 000 000

                              Band-I5

                              1 000 000

                              <= 4 000 000

                  (k)

                  Once every two years, together with the January price reporting, information about the compilation system applied will be communicated to Eurostat and particularly: a description of the survey and its scope (number of supply undertakings surveyed, aggregated percentage of the market represented, etc.) and the criteria used to calculate weighted average prices as well as the aggregated consumption volumes represented by each band. The first communication related to the compilation system will concern the situation on 1 January 2008.

                  (l)

                  Once per year, together with the January price reporting, information about the main average characteristics and factors affecting the prices reported for each consumption band will be communicated to Eurostat.
                  The information will include:

                              —

                              average load factors for industrial end-users corresponding to each consumption band calculated on the basis of the total energy supplied and average maximum demand,

                              —

                              a description on discounts given for interruptible supplies,

                              —

                              a description of standing charges, meter rentals or any other charges relevant at national level.

                  (m)

                  Once per year, together with the January reporting, the rates and method of calculation as well as a description of the taxes levied on gas sales to industrial end-users should also be reported. The description must include any non-tax levy covering system costs and public service obligations.
                  The description of taxes to be provided will include three clearly separated sections:

                              —

                              taxes, levies, non-tax levies, fees and any other fiscal charges not identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figures for the price level: ‘Prices excluding taxes and levies’,

                              —

                              taxes and levies identified in the invoices provided to industrial end-users and considered as non-recoverable. The items described under this point will therefore be included under the reported figures for the price level: ‘Prices excluding VAT and other recoverable taxes’,

                              —

                              value added tax (VAT) and other recoverable taxes identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figures for the price level: ‘Prices including all taxes, levies and VAT’.

                        An outline of the different taxes, levies, non-tax levies, fees and fiscal charges applicable are:

                              —

                              value added tax,

                              —

                              concession fees. This usually refers to licences and fees for the occupation of land and public or private property by networks or other gas devices,

                              —

                              environmental taxes or levies. This usually refers either to the promotion of renewable energy sources or CHP or as a burden for CO2, SO2 or another agent emissions related to climate change,

                              —

                              other taxes or levies linked with the energy sector: public service obligations/charges, levies to financing energy regulatory authorities, etc.,

                              —

                              other taxes or levies not linked with the energy sector: national, local or regional fiscal taxes on energy consumed, taxes on gas distribution, etc.

                        Taxes on income, property-related taxes, oil for motor cars, road taxes, taxes on licences for telecom, radio, advertising, fees for licences, taxes on waste, etc. will not be taken into consideration and are excluded from this description, because they are undoubtedly part of the operators' costs and apply also to other industries or activities.

                  (n)

                  In Member States where one company covers all the industrial sales, the information may be communicated by that company. In Member States where more than one company operates, the information should be communicated by an independent statistical body.

         (1)  Industrial end-user may include other non-residential users.

      ANNEX II
      ELECTRICITY PRICES
      Electricity prices for industrial end-users (1) to be collected and compiled according to the following methodology:

                  (a)

                  Prices to be reported are prices paid by industrial end-users buying electricity for their own use.

                  (b)

                  All industrial uses of electricity are considered.

                  (c)

                  Prices recorded to be based on a system of standard consumption bands defined by a range of annual electricity consumption.

                  (d)

                  Prices will be collected twice per year, at the beginning of each six-month period (January and July) and will refer to the average prices paid by the industrial end-user for electricity over the previous six months. The first communication of price data to Eurostat will refer to the situation on 1 January 2008.

                  (e)

                  Prices must be expressed in national currency per kWh.

                  (f)

                  Prices must include all charges payable: network charges plus energy consumed minus any rebates or premiums, plus other charges (capacity charges, commercialisation, meter rental, etc.). Initial connection charges are not to be included.

                  (g)

                  Prices are to be recorded as national average prices.

                  (h)

                  The Member States develop and implement cost-effective procedures to ensure a representative data compilation system based on the following rules:

                              —

                              prices will represent weighted average prices, using the market share of the electricity supply undertakings surveyed as weighting factors. Arithmetic average prices will be provided only when weighted figures cannot be calculated. In either case, Member States will ensure that a representative share of the national market is covered in the survey,

                              —

                              market shares should be based on the quantity of electricity invoiced by electricity supply undertakings to industrial end-users. If possible, the market shares will be calculated separately for each band. The information used for calculating weighted average prices will be managed by Member States, respecting confidentiality rules,

                              —

                              in the interest of confidentiality, data relating to prices will be communicated only where there are, in the Member State concerned, at least three end-users in each of the categories referred to under point (j).

                  (i)

                  Three levels of prices are to be provided:

                              —

                              prices excluding taxes and levies,

                              —

                              prices excluding VAT and other recoverable taxes,

                              —

                              prices including all taxes, levies and VAT.

                  (j)

                  Electricity prices will be surveyed for the following categories of industrial end-user:

                              Industrial end-user

                              Annual electricity consumption (MWh)

                              Lowest

                              Highest

                              Band IA

                              < 20

                              Band IB

                              20

                              < 500

                              Band IC

                              500

                              < 2 000

                              Band ID

                              2 000

                              < 20 000

                              Band IE

                              20 000

                              < 70 000

                              Band IF

                              70 000

                              <= 150 000

                  (k)

                  Once every two years, together with the January price reporting, information about the compilation system applied will be communicated to Eurostat and particularly: a description of the survey and its scope (number of supply undertakings surveyed, aggregated percentage of the market represented, etc.) and the criteria used to calculate the weighted average prices as well as the aggregated consumption volumes represented by each band. The first communication related to the compilation system will concern the situation on 1 January 2008.

                  (l)

                  Once per year, together with the January price reporting, information about the main average characteristics and factors affecting the prices reported for each consumption band will be communicated to Eurostat.
                  The information to be provided will include:

                              —

                              average load factors for industrial end-users corresponding to each consumption band calculated on the basis of the total energy supplied and average maximum demand,

                              —

                              a table indicating the voltage limits per country,

                              —

                              a description of standing charges, meter rentals or any other charges relevant at national level.

                  (m)

                  Once per year, together with the January price reporting, the rates and method of calculation as well as a description of the taxes levied on electricity sales to industrial end-users should be reported. The description must include any non-tax levy covering system costs and public service obligations.
                  The description on taxes to be provided will include three clearly separated sections:

                              —

                              taxes, levies, non-tax levies, fees and any other fiscal charges not identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figure for the price level: ‘Prices excluding taxes and levies’,

                              —

                              taxes and levies identified in the invoices provided to industrial end-users and considered as non-recoverable. The items described under this point will be included under the reported figures for the price level: ‘Prices excluding VAT and other recoverable taxes’,

                              —

                              value added tax (VAT) and other recoverable taxes identified in the invoices provided to industrial end-users. The items described under this point will be included under the reported figures for the price level: ‘Prices including all taxes, levies and VAT’.

                        An outline of the different taxes, levies, non-tax levies, fees and fiscal charges that can be applicable are:

                              —

                              value added tax,

                              —

                              concession fees. This usually refers to licences and fees for the occupation of land and public or private property by networks or other electricity devices,

                              —

                              environmental taxes or levies. This usually refers either to the promotion of renewable energy sources or CHP, or as a burden for CO2, SO2 or another agents emissions related with the climate change,

                              —

                              nuclear and other inspection taxes: nuclear decommissioning charges, inspection and fees for nuclear installations, etc.,

                              —

                              other taxes or levies linked with the energy sector: public service obligations/charges, levies to financing energy regulatory authorities, etc.,

                              —

                              other taxes or levies not linked with the energy sector: national, local or regional fiscal taxes on energy consumed, taxes on electricity distribution, etc.

                        Taxes on income, property-related taxes, excise duties on oil products and fuels other than for electricity generation, oil for motor cars, road taxes, taxes on licences for telecom, radio, advertising, fees for licences, taxes on waste, etc., will not be taken into consideration and are excluded from this description, because they are undoubtedly part of the operators’ costs and apply to other industries or activities.

                  (n)

                  Once per year, together with the January price reporting, a breakdown of electricity prices into their main components will be communicated to Eurostat. This breakdown of electricity prices into their main components will be based on the following methodology.
                  The complete price for electricity per consumption band can be considered as the global sum of ‘network’ prices, ‘energy and supply’ prices (i.e. from generation to commercialisation, except networks) and all taxes and levies.

                              —

                              ‘network’ price is the ratio between the revenue related to transmission and distribution tariffs and (if possible) the corresponding volume of kWh per consumption band. If separate volumes of kWh per band are not available, estimates should be provided,

                              —

                              ‘energy and supply’ price is the total price minus the ‘network’ price and minus all taxes and levies,

                              —

                              taxes and levies. For this component an additional breakdown will be provided:

                                          —

                                          taxes and levies on ‘network’ prices,

                                          —

                                          taxes and levies on ‘energy and supply’ prices,

                                          —

                                          VAT and other recoverable taxes.

                     N.B.: If complementary services are identified separately, then they can be allocated into one of the two main components as follows:

                              —

                              ‘network’ price will include the following costs: transmission and distribution tariffs, transmission and distribution losses, network costs, after-sale services, system service costs and meter rental,

                              —

                              ‘energy and supply’ price will include the following costs: generation, aggregation, balancing energy, supplied energy costs, customer services, after-sales management, metering, and other supply costs,

                              —

                              other specific costs. This item represents costs which are neither network costs nor energy and supply costs nor taxes. If this kind of costs exists, they will be reported separately.

                  (o)

                  In Member States where one company covers all the industrial sales, the information may be communicated by that company. In Member States where more than one company operates, the information should be communicated by an independent statistical body.

         (1)  Industrial end-user may include other non-residential user.

      ANNEX III
      PART A
      Repealed Directive with list of its successive amendments
      (referred to in Article 10)

                  Council Directive 90/377/EEC
                  (OJ L 185, 17.7.1990, p. 16).

                  Commission Directive 93/87/EEC
                  (OJ L 277, 10.11.1993, p. 32).

                  Annex I to the 1994 Act of Accession
                  (OJ C 241, 29.8.1994, p. 21).

                  Point 12(A)(3)(a) and (b) of Annex II to the 2003 Act of Accession
                  (OJ L 236, 23.9.2003, p. 33).

                  Regulation (EC) No 1882/2003 of the European Parliament and of the Council
                  (OJ L 284, 31.10.2003, p. 1).

                  Annex I, point 3 only

                  Council Directive 2006/108/EC
                  (OJ L 363, 20.12.2006, p. 414).

                  Only as regards the reference to Directive 90/377/EEC in Article 1 and points 1(a) and (b) of Annex I

                  Commission Decision 2007/394/EC
                  (OJ L 148, 9.6.2007, p. 11).

            PART B
      List of time limits for transposition into national law
      (referred to in Article 10)

                  Directive

                  Time limit for transposition

                  90/377/EEC

                  30 July 1991

                  93/87/EEC

                  —

                  2006/108/EC

                  1 January 2007

      ANNEX IV
      Correlation table

                  Directive 90/377/EEC

                  This Directive

                  Article 1

                  Article 1

                  Article 2(1), first sentence

                  Article 2(1), first subparagraph

                  Article 2(1), second sentence

                  Article 2(1), second subparagraph

                  Article 2(2)

                  Article 2(2)

                  Article 2(3), first sentence

                  Article 2(3), first subparagraph

                  Article 2(3), second sentence

                  —

                  Article 2(3), third sentence

                  Article 2(3), second subparagraph

                  Articles 3 to 5

                  Articles 3 to 5

                  Article 6, first sentence

                  Article 6, first paragraph, first sentence

                  —

                  Article 6, first paragraph, second sentence

                  Article 6, second sentence

                  Article 6, second paragraph

                  Article 7(1) and (2)

                  Article 7

                  Article 7(3)

                  —

                  Article 8

                  Article 8

                  Article 9, first paragraph

                  —

                  Article 9, second paragraph, first sentence

                  Article 9, first paragraph

                  Article 9, second paragraph, second sentence

                  Article 9, second paragraph

                  —

                  Articles 10 and 11

                  Article 10

                  Article 12

                  Annexes I and II

                  Annexes I and II

                  —

                  Annex III

                  —

                  Annex IV


Avis juridique important

|

31993L0064

Commission Directive 93/64/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/34/EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production

Official Journal L 250 , 07/10/1993 P. 0033 - 0034 Finnish special edition: Chapter 3 Volume 52 P. 0261  Swedish special edition: Chapter 3 Volume 52 P. 0261

COMMISSION DIRECTIVE 93/64/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/34/EEC on the marketing of fruit plant propagating  material and fruit plants intended for fruit productionTHE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 92/34/EEC of 29 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production(1) , and in particular Article 6 (4) thereof,  Whereas it is appropriate to set out measures concerning the supervision and monitoring of all suppliers and their establishments, with the exception of those whose activity is confined to the placing on the market of propagating material and fruit  plants;  Whereas the measures provided for in this Directive are in accordance with the opinion of the Standing Committee Propagating Material and Plants of Fruit Genera and Species,  HAS ADOPTED THIS DIRECTIVE:   Article 1  1.  This Directive lays down implementing measures concerning the supervision and monitoring of suppliers and their establishments, other than those whose activity is confined to the placing on the market of propagating material and fruit  plants, pursuant to Article 6 (4) of Directive 92/34/EEC, in cases where the checks referred to in Article 5 (2) of the said Directive are carried out by the suppliers themselves or an accredited supplier.   Article 2  The responsible official body shall carry out regularly, at least once a year at an appropriate time, supervision and monitoring of suppliers and their establishments in order to ensure continued compliance with the requirements laid down in  Directive 92/34/EEC, and in particular, in respect of with the principles set out in the first to fourth indents of Article 5 (2) thereof, account being taken of the particular nature of the activity or activities of the supplier.   Article 3  As far as the identification of critical points in the production process referred to in the first indent of Article 5 (2) of Directive 92/34/EEC and the keeping of records referred to in the fourth indent of Article 5 (2) thereof are  concerned, the responsible official body shall supervise and monitor the supplier to ensure that the supplier:  (a) continues to take into account the following critical points, where appropriate:  - the quality of propagating material and fruit plants utilized to start the production process,  - the sowing, pricking-out, potting-up, and planting of propagating material and fruit plants,  - compliance with the conditions laid down in Articles 3, 4 and 5 of Council Directive 77/93/EEC(2) ,  - the cultivation plan and method,  - general crop care,  - the multiplication operations,  - the harvesting operations,  - hygiene,  - treatments,  - packaging,  - storage,  - transport,  - administration;  (b) keeps records, with a view to having complete information available for the said responsible official bodies, on:  (i) plants or other objects:  - purchased for storage or planting on the premises,  - under production,  or - dispatched to others;  and (ii) any chemical treatments which have been applied to the plants, and that he keeps related documents for at least one year;  (c) is available personally or designates another person technically experienced in plant production and related plant-health matters, to liaise with the said responsible official bodies;  (d) carries out visual inspections as necessary and at appropriate times in a manner accepted by the said responsible official bodies;  (e) allows access by persons entitled to act for the said responsible official bodies, in particular for inspection and/or sampling purposes, and allows access to the records and related documents referred to in point (b);  (f) otherwise cooperates with the said responsible official bodies.   Article 4  As fas as the establishment and implementation of methods for monitoring and checking the critical points as referred to in the second indent of Article 5 (2) of Directive 92/34/EEC are concerned, the responsible official body shall supervise  and monitor the supplier to ensure that, where appropriate, such methods continue to be carried out, giving particular attention to:  (a) the availability and actual use of methods for checking each of the critical points mentioned in Article 3;  (b) the reliability of those methods;  (c) their suitability for an assessment of the content of the production and marketing arrangements, including the administrative aspects; and (d) the competence of the supplier's staff to carry out the checks.   Article 5  As far as the taking of samples for analysis in an accredited laboratory as referred to in the third indent of Article 5 (2) of Directive 92/34/EEC is concerned, the responsible official body shall supervise and monitor the supplier to  ensure, where appropriate, that:  (a) samples are taken during the various stages of the production process and in conformity with the frequency as communicated to the responsible official body when the production methods were verified at the time of accreditation;  (b) samples are taken in a technically correct manner and using a statistically reliable procedure, regard being had to the kind of analysis to be carried out;  (c) the persons who take the samples are qualified to do so; and (d) the analysis of samples is carried out by a laboratory which is accredited for that purpose pursuant to Article 6 (2) of the said Directive.   Article 6  1.  Member States shall bring into force the laws, regulations or administrative provisions necessary to comply with this Directive not later than 30 June 1994. They shall forthwith inform the Commission thereof.  When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.  2.  Member States shall communicate to the Commission the text of the main provisions of domestic law which they adopt in the field covered by this Directive.   Article 7  This Directive is addressed to the Member States.  Done at Brussels, 5 July 1993.  For the CommissionRené STEICHENMember of the Commission  (1) OJ No L 157, 10. 6. 1992, p. 1.  (2) OJ No L 26, 31. 1. 1977, p. 20.