31.12.91 Official Journal of the European Communities No L 376/21 COUNCIL DIRECTIVE i of 1‘9 December 1991 on the marketing of ornamental plant propagating material and ornamental plants (91/682/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, : Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the production of ornamental plants occupies an important place in the agriculture of the Community; Whereas satisfactory results in the cultivation of ornamental plants depend to a large extent on the quality and health of the material used for their propagation and of the plants themselves; whereas certain Member States have in consequence introduced rules intended to guarantee the quality and health of the propagating material of ornamental plants and ornamental plants placed on the market; Whereas the different treatment accorded to propagating material and ornamental plants in different Member States is likely to create barriers to trade and thus hinder the free movement of these goods within the Community; whereas, with a view to achieving the internal market, these barriers should be removed, by adopting Community provisions to replace those laid down by the Member States; Whereas the establishment of harmonized conditions at Community level will ensure that purchasers throughout the Community receive propagating material and ornamental plants which are healthy and of good quality; Whereas, so far as they relate to plant health, such harmonizéd conditions must be consistent with Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction in to the Member States of organisms harmful to plants or plant products (*), as last amended by Directive 91/683/EEC (%); (1) OJ No C 52, 3. 3. 1990, p. 16 and 0] No C 307, 27. 11. 1991, p. 15. 2) O] No C 240, 16. 9. 1991, p. 197. 3) OJ No C 182, 23. 7. 1990, p. 21. 4y OJ No L 26, 31. 1. 1977, p. 20. ) ( ( ( (%) See p. 29 of this Official Journal Whereas it is appropriate initially to establish Community rules for those genera and species of ornamental plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later; Whereas, without prejudice to the plant health provisions of Directive 77/93/EEC, it is not appropriate to apply the Community rules on the marketing of propagating material and ornamental plants when it is shown that such material and plants are intended for export to third countries, as the rules applicable there may be different from those contained in this Directive; Whereas the determination of plant health and quality standards for each genus and species of ornamental plant requires lengthy and detailed technical and scientific consideration; whereas a procedure should accordingly be established for the determination of these standards; Whereas in the first instance it is the responsibility of the suppliers of propagating material and/or ornamental plants to ensure that their products fufil the conditions laid down in this Directive; Whereas the competent authorities of the Member States must, when carrying out controls and inspections, ensure that suppliers fulfil those conditions; Whereas Community control measures should be introduced to ensure uniform application in all the Member States of the standards laid down in this Directive; Whereas it is in the interests of the purchasers of propagating materials and ornamental plants that the names of varieties or of groups of plants be known and that their identity be safeguarded; Whereas the characteristics specific to the industry operating in the ornamental plant sector are a complicating factor; whereas, accordingly, the objective stated above can best be achieved either through common knowledge of the variety or, in the case of varieties or groups of plants, through the availability of a description drawn up and kept by the supplier; Whereas, in order to ensure the identity and orderly marketing of propagating material and ornamental plants, Community rules must be laid down concerning the separation of lots and marking; whereas the labels should give the particulars needed both for official control and for the information of the grower;