THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production(1), and in particular Article 9(1) thereof,
Whereas:
(1) It is appropriate to adopt requirements with regard to labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production to ensure that marketing takes place in accordance with Directive 2008/90/EC.
(2) As regards fruit plant propagating material officially certified as pre-basic, basic or certified material and fruit plants officially certified as certified material, it is necessary to provide for sealing and packaging requirements.
(3) Pre-basic, basic or certified material should be marketed with a label satisfying certain requirements. That label should be prepared and affixed by the responsible official body. Member States should have the possibility to provide that the responsible official body may allow the supplier to prepare and affix the label under its supervision. The design of the label should in any case be established by the responsible official body, in accordance with the requirements set out in this Directive.
(4) To allow lots of different varieties or types of pre-basic, basic or certified material to be marketed together, Member States should be permitted to provide for an accompanying document complementing the label in order to facilitate information of users and to improve traceability and controls of lots at all stages of marketing. This document should be prepared by the responsible official body, or by the supplier concerned under supervision of the responsible official body.
(5) For marketing of CAC (Conformitas Agraria Communitatis) material a document prepared by the supplier should be required.
(6) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,
HAS ADOPTED THIS DIRECTIVE: