No L 157/10 Official Journal of the European Communities 10. 6. 92 COUNCIL DIRECTIVE 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production - 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 fruit production occupies an important place in the agriculture of the Community; Whereas satisfactory results in the cultivation of fruit depend to a large extent on the quality and plant health of the material used for their propagation and of the fruit plants intended for fruit production; whereas certain Member States have in consequence introduced rules intended to guarantee the quality and plant health of the fruit plant. propagating material and fruit plants placed on the market; ’ Whereas the different treatment accorded to propagating material and fruit 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 fruit plants which are healthy and of good quality; - Whereas, so far as they relate to plant health, such harmonized conditions must be consistent with Council Directive 77/93/EEC of 21 December 1976 on protective measures against the introduction into the Member States of organisms harmful to plant or plant products (*); Whereas it is appropriate initially to establish Community rules for those genera and species of fruit plant which are (1) O] No C 52, 3. 3. 1990, p. 16 and O] No C 307, 27. 11. 1991, p. 15. (2} O] No C 240, 16. 9. 1991, p. 197. (3) O] No C 182, 23. 7. 1990, p. 21. (*) OJ No L 26, 31. 1. 1977, p. 20; Directive as last amended by Directive 92/10/EEC (O] No L 70, 17. 3. 1992, p. 27). 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 fruit plants 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; Whereas the determination of plant health and quality standards for each genus and species of fruit plant requires lengthy and detailed technical and scientific consideration; whereas a procedure should accordingly be established for that end; Whereas in the first instance it is the responsibility of the -suppliers of propagating material and/or fruit plants to ensure that their products fulfil 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 with regard to propagating material or fruit plants belonging to the CAC - (Conformitas Agraria Communitatis) category; Whereas it is indispensable to provide for other categories of propagating material and fruit plants for which the said material and plants must be the subject of official certification; 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 consistent with current agricultural practice to require that certain propagating material and fruit plants are either officially .examined, or are declared virus-free, meaning found free of all known viruses and virus-like pathogens, or again virus-tested, meaning found free of specific viruses and virus-like -pathogens reducing the . usefulness of the propagating material and fruit plants; Whereas it is in the interests of the purchasers of propagating materials and fruit plants that the names of varieties be known and that their identity be safeguarded; Whereas the objective stated above can best be achieved either through common knowledge of the variety or through