Uradni List Republike Slovenije / Št. 93 / 21.10.2005Stran 9719 - 9735

Uradni List Republike Slovenije / Št. 93 / 21.10.2005Stran 9719 - 9735

Uradni list Republike Slovenije / Št. 93 / 21.10.2005Stran 9719 - 9735

On the basis of Article 4.a, the eleventh paragraph of Article 10, the sixth paragraph of Article 12, the fifth paragraph of Article 15, the tenth paragraph of Article 20, the twelfth paragraph of Article 22, and the second paragraph of Article 26 of the Agricultural Seeds and Propagating Material Act (Official Gazette of the Republic of Slovenia, No. 25/05 – official consolidated text) the Minister for Agriculture, Forestry and Food hereby issues these

Rules on the marketing of material for the vegetative propagation of vine *

I.GENERAL PROVISIONS

Article 1

(content)

These Rules shall lay down, pursuant to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine (OJ L 93 of 17 April 1968, p. 15, as amended; hereinafter referred to as: Directive 68/193/EEC):

- the categories of material for the vegetative propagation of vine (furtheron as: propagating material) and the conditions and requirements as to the quality, health condition and varietal identity which an individual category of the propagating material shall comply with while growing and while being placed on the market;

- the requirements as to ensuring traceability, and as to packaging and marking of propagating material;

- the requirements for suppliers of propagating material;

- the procedure for official certification or official examination of propagating material.

Article 2

(application)

These Rules shall apply to propagating material which is marketed in the European Community (hereinafter referred to as: Community).

Article 3

(definitions)

The terms used in these Rules shall have the following meaning:

  1. „vines“: plants of the genus Vitis (L.), intended for the production of grapes or for use as propagating material for such plants;
  1. „variety“: a plant grouping within a single botanical taxon of the lowest known rank, which can be:

- defined by the expression of the characteristics that results from a given genotype or combination of genotypes,

- distinguished from any other plant grouping by the expression of at least one of the said characteristics, and

- considered as an entity with regard to its suitability for being propagated unchanged;

  1. „clone“: the vegetative progeny of a variety which is identical and derives from initial grapevine parent vine of a given variety chosen for its phenotypic characters, state of health and varietal identity;
  1. „propagating material“:

a) „young vine plants“:

- „rooted cuttings“: ungrafted pieces of rooted vine shoot or herbaceous shoot, intended for planting ungrafted vine or for use as rootstocks when grafting plants „in situ“;

- „rooted grafts“: pieces of vine shoot or herbaceous shoot joined by grafting, the underground part of which is rooted;

b) „parts of young vine plants“:

- „vine shoots“: one-year shoots,

- „herbaceous shoots“: unlignified shoots of this year,

- „graftable rootstock cuttings“: pieces of vine shoot or herbaceous shoot intended to form the underground part when preparing rooted grafts,

- „top-graft cuttings“: pieces of vine shoot or herbaceous shoot intended to form the part above ground when preparing rooted grafts or when grafting plants „in situ“,

- „nursery cuttings“: pieces of vine shoot or herbaceous shoot intended for the production of rooted cuttings;

  1. „stock nursery“: nurseries of grapevine parent vines intended for the production of top-graft cuttings, rootstock cuttings for grafting or nursery cuttings;
  1. „root-stock nursery“: stock nursery intended for the production of officially certified graftable rootstock cuttings or nursery cuttings for rootstocks;
  1. „stock vineyard“: stock nursery of grapevine parent vines intended for the production of officially certified or examined top-graft cuttings or nursery cuttings;
  1. „stock nursery dossier (hereinafter referred to as: dossier)“: approved dossier on selection in the vineyard attached by all evidence concerning the stock nursery;
  1. „cutting nursery“: nursery for the cultivation of rooted cuttings or rooted grafts;
  1. „premises for market preparation and marketing“: mainly storehouses, cool-houses, siloses, packaging plants and other premises intended for this purpose;
  1. „categories of propagating material“:

a) „initial propagating material“: propagating material

- which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the variety or of the clone and for the prevention of spread of the diseases of vine,

- which is intended for the production of basic material or certified propagating material,

- which satisfies special conditions and requirements for initial propagating material laid down in Annexes 1 and 2 which form an integral part of these Rules; and,

- which has been found by official examination to satisfy the conditions and requirements set out in this point;

b) „basic propagating material“: propagating material

- which has been produced under the responsibility of the grower and which is obtained by vegetative propagation directly from initial grapevine parent vines according to accepted practices for the maintenance of the variety or of the clone and for the prevention of diseases of vine,

- which is intended for the production of certified propagating material,

- which satisfies special conditions and requirements laid down in Annexes 1 and 2 for basic propagating material,

- which has been found by official examinations to satisfy the conditions and requirements set out in this point;

c) „certified propagating material“: propagating material

- which has been produced under the responsibility of the grower and which is obtained directly from basic propagating material or initial propagating material,

- which is intended for the production of young vine plants or parts of plants for use in the production of young vine plants, or for the production of grapes,

- which satisfies special conditions and requirements laid down in Annexes 1 and 2 for certified propagating material,

- which has been found by official examinations to satisfy the conditions and requirements set out in this point;

d) „standard propagating material“: propagating material

- which has varietal identity and purity,

- which is intended for the production of young vine plants or parts of plants for use in the production of young vine plants, or for the production of grapes,

- which satisfies special conditions and requirements laid down in Annexes 1 and 2 for standard propagating material,

- which has been found by official examinations to satisfy the conditions and requirements set out in this point;

12. „certification authority“' shall mean authority authorised, in accordance with the regulations governing agricultural seeds and propagating material, to conduct the procedure for official certification of initial, basic and certified propagating material in accordance with these Rules;

13. „official measures“ shall mean measures adopted in accordance with the act governing agricultural seeds and propagating material, and with these Rules, by;

- certification authority, in the procedure for official certification of initial, basic and certified propagating material,

- the responsible phytosanitary inspector during official checking of standard propagating material.

II. REQUIREMENTS FOR PROPAGATING MATERIAL

Article 4

(general requirements for propagating material)

(1) Propagating material may only be marketed if:

- it has been officially certified, in accordance with these Rules, as initial propagating material, basic propagating material or certified propagating material, or in the case of propagating material which is not intended to be used as rootstocks, if it is standard propagating material that has been officially checked;

- it satisfies the requirements laid down in Annex 2;

- it belongs to a variety which is entered in the national catalogue of varieties in accordance with the regulation governing acceptance procedure of a variety in the national catalogue of varieties and keeping of the same; or in the case of a clone, if such clone is entered in the list of clones that have been officially accepted in the procedure for official certification pursuant to Article 19 of these Rules.

(2) In addition to requirements provided for by these Rules, propagating material shall meet also the requirements under the regulations governing plant health (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, OJ L 169 of 10 July 2000, p.1, as amended; hereinafter referred to as: Directive 2000/29/EC).

Article 5

(requirements with regard to traceability, packing and marking)

(1) While growing and during lifting, or removal from the grapevine parent vine, packaging, storage and transportation, the propagating material shall be kept separate by varieties and lots. In the case of clones, initial propagating material, basic propagating material and certified propagating material shall also be separated by clones.

(2) Propagating material may be marketed only in sufficiently homogeneous batches or lots, in packages or bundles which must comply with the requirements laid down in Annex 4 which is a constituent part of these Rules, and bear an official label referred to in Article 6 of these Rules.

(3) Packages or bundles of propagating material shall be sealed officially or under official supervision in such a manner that they cannot be opened without damaging the seal or without removing the official label, and, in the case of packaging, without the packaging showing signs of tampering. Resealing of packages and bundles of propagating material may take place only officially or under official supervision.

(4) Exceptionally, more than one package or bundle of the same lot or batch with the same characteristics may be labelled with one official label. In such cases, the packages or bundles shall be attached together with a binding band with the official label affixed in such a way that the attachment is damaged on separation and can no longer be put back. In such case, no resealing shall be authorised.

Article 6

(official label and accompanying document)

(2) The official label affixed to packages or bundles of propagating material shall be in one of the official languages of the Community and shall conform to the specification in Annex 5 which forms an integral part of these Rules. It shall be affixed on the outside of each package or bundle of propagating material.

(2) The colour of the label shall be white with a diagonal violet stripe for initial propagating material, white for basic propagating material, blue for certified propagating material and dark yellow for standard propagating material.

(3) Each consignment of propagating material may also be, in addition to the official label, accompanied by a uniform document to accompany such consignment from the consignor to recipient of the propagating material (hereinafter referred to as: accompanying document). The uniform document shall be issued in two copies and shall feature the particulars laid down in point B of Annex 5.

(4) The official label and accompanying document may also include plant passport if the relevant conditions laid down in regulations governing plant health and in regulations governing the issue of plant passports are satisfied.

Article 7

(special requirements with regard to marking)

(1) Notwithstanding the provisions of the preceding Article, the official label affixed to the propagating material the marketing of which may be, upon an authorisation by the Phytosanitary Administration of the Republic of Slovenia (hereinafter referred to as: Administration), allowed provisionally although it does not comply with the prescribed requirements laid down in these Rules, shall also state: „The category does not comply with the prescribed requirements“.

(2) Notwithstanding the provision of the second paragraph of the preceding Article, in the case referred to in the preceding paragraph the official label shall be:

- of the same colour as provided for in these Rules in respect of an individual category if the propagating material belongs to a variety referred to in the third indent of the first paragraph of Article 4 of these Rules,

- of brown colour if the propagating material does not satisfy all other prescribed requirements.

(3) Notwithstanding provisions of Articles 5 and 6 of these Rules, for the propagating material of genetically modified varieties, each label or document accompanying the lot of such material shall, irrespective of whether the label or document are official or not, clearly indicate that the variety has been subject to genetically modificationsed, and state the names of genetically modified organisms. Moreover, the supplier marketing the propagating material of genetically modified varieties shall clearly indicate such a variety in his sales catalogues and state the purpose of the modification.

Article 8

(official certification and official checking of propagating material)

To ensure that the propagating material produced in the Republic of Slovenia and placed on the market satisfies the requirements laid down in these Rules, the following shall be carried out:

- the procedure for official certification of initial, basic and certified propagating material, by the certification authority in accordance with the act governing seeds and propagating material of agricultural plants and with the provisions of Chapter IV of these Rules;

- official checking of standard propagating material by the responsible phytosanitary inspector, in accordance with the act governing seeds and propagating material of agricultural plants and with the provisions of Chapter V of these Rules.

Article 9

(post-control)

The number of samples taken for post-control in the current year from the propagating material that has been placed on the market in the Republic of Slovenia shall be specified with an annual work programme for the phytosanitary field adopted by the Minister for Agriculture, Forestry and Food. The manner of taking samples and the methods of examinations and laboratory tests shall be laid down by the head of the Administration in accordance with the instructions and protocols which are adopted for carrying out Community comparative trials and tests by the competent Community body, and shall be made available by the Administration and on its web site (

Article 10

(record of imported propagating material)

(1) The Administration shall keep the record of the imported propagating material on the basis of data given in the copy of a decision by which the phytosanitary inspector authorises import of the propagating material pursuant to the act governing agricultural seeds and propagating material. In the record, the Administration shall give the following particulars in respect of each imported lot or batch of propagating material:

- species (botanical name);

- variety and, where applicable, clone; in the case of rooted grafts, such information shall apply both to the rootstock and to the top-graft cutting;

- category;

- type of propagating material referred to in point 4 of Article 3 of these Rules;

- country of production of propagating material and official control authority;

- country of dispatch, if different from the country of production;

- importer;

- quantity of propagating material.

(2) The Administration shall communicate data referred to in the preceding paragraph to Member States of the European Union and to the Commission of the European Communities.

III. REQUIREMENTS FOR SUPPLIER

Article 11

(requirements for suppliers)

(1) A supplier who produces, prepares for market, imports or markets propagating material in the territory of the Republic of Slovenia shall be entered in the register of suppliers of agricultural seeds and propagating material kept by the Administration (hereinafter referred to as: register of suppliers) pursuant to the regulation governing keeping of the register of suppliers of agricultural seeds and propagating material.

(2) The supplier shall ensure compliance of the propagating material with the requirements provided for by these Rules.

(3) As production plan stipulated by the act governing agricultural seeds and propagating material, the supplier shall keep:

- in the case of stock nurseries, a stock nursery dossier which is kept separately for each stock nursery;

- in the case of production of young vine plants, a document in respect of each cutting nursery, containing a copy of the land registry map with the cutting nursery indicated, a cutting nursery planting plan (indicating species and grafted combinations: a variety or clone of the top-graft cutting and rootstock), evidence on the propagating material used for the production of young vine plants, and records of examinations carried out and measures implemented in the cutting nursery, considering in particular the control and suppression of harmful organisms. If officially certified young vine plants are produced in the cutting nursery, the document shall include also evidence on the suitability of the field.

(4) A supplier who issues official labels referred to in Article 6 of these Rules in respect of standard propagating material shall be issued an authorisation by the Administration pursuant to the act governing agricultural seeds and propagating material, and to these Rules.

Article 12

(authorisation for issuing official labels for standard propagating material)

(1) With a view to obtaining authorisation for the issue of official labels referred to in Article 6 of these Rules in respect of standard propagating material, the supplier shall file an application with the Administration, including the following data:

- on the supplier: name, surname and address of permanent residence, or firm and registered office, and tax number or unique registration number of the supplier;

- on the propagating material in respect of which official labels and supplier’s certificates are to be issued,

- on the activity performed (market preparation or marketing of propagating material that originates from the supplier’s own production or from the purchase from other suppliers),

- on the person to be responsible for issuing official labels and accompanying documents, for labelling standard propagating material, and to be available for contacts with the inspector responsible for official checking of standard propagating material pursuant to provisions of Chapter V of these Rules.

(2) To the application referred to in the preceding paragraph, the suppler shall attach:

- 2 copies of the model official label for standard propagating material that the supplier intends to issue,

- a supplier’s statement that he has been informed of the obligations of suppliers who issue official labels and supplier's certificates, pursuant to the act governing agricultural seeds and propagating material, and to these Rules.

(3) If the application is complete and if the model official label for standard propagating material complies with the requirements referred to in Article 6 of these Rules and in Annex 5, the Administration shall confirm the model official label and issue authorisation for the issue of official labels for standard material.

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