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Ordinance Amending The Ordinance On Plants

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om planter

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Table of Contents

Appendix 1

Publication of the amendment of the proclaus of plants 1)

§ 1

Notice no. 32 of 23. 1 January 2009 on plants, as amended by publication No 2 ; 244 of 27. In March 2009, the following changes are made :

1. Foot notation to the title of the notice ITREAS :

' The announcement contains provisions implementing Council Directive 2008 /72/EC, (EUT 2008, L 205, p. 28), Commission Directive 92 /70/EEC (OJ 1992, L250, p. 37), Commission Directive 92 /90/EEC (OJ 1992, L344, p. Commission Directive 92 /105/EEC (OJ 1992, L 4, p. 22), Commission Directive 93 /48/EEC (OJ No 1993, L 250, p. 1), Commission Directive 93 /49/EEC (OJ No 1993, L250, p. Directive 1999, as amended by Commission Directive 1999 /67/EC (OJ 1999, L 164, p. EUR 78), Commission Directive 93 /51/EEC (OJ No 1993, L250, p. Directive 24 (24), Commission Directive 93 /62/EEC (OJ No 1993, L 250, p. Directive 29), Commission Directive 93 /64/EEC (OJ L 250, p. The Commission Directive 93 /79/EEC (OJ No 93, L 256, p. Council Directive 98 /56/EC (OJ 1998, L 226, p. EUR 16), Commission Directive 1999 /66/EC (OJ 1999, L 164, p. Directive 76), Commission Directive 1999 /68/EC (OJ 1999, L 172, p. EUR 42), parts of Council Directive 2000 /29/EC (OJ 2000, L 169, p. Directive 1) as last amended by Commission Directive 2008 /64/EC of 2008, L 168, s.31), Commission Directive 2002 /36/EC (OJ 2002, L 116, p. 16), Commission Decision 2002/757/EC (OJ, L252, p. As last amended by Commission Decision 2007 /201/RF (EUT 2007, L 90, p. 83), Commission Decision 2004 /200/EC (EUT 2004, L 64, p. Regulation 43), Commission Decision 2006 /464/EC (EUT 2006, L 183, p. 29), Commission Decision 2007 /365/EC (OJ L 139, p. Directive 24) as amended by Commission Decision 2008 /776/EC (2008, L 266, p. 14), Commission Decision 2007 /410/EC (EUT 2007, L 155, p. Commission Decision 2007 /433/EC (EUT 2007, L161, p), As for the Council Directive 2008 /90/EC (EUT 2008, L 267, p. 66) and Council Directive 2008 /90/EC ( 8). In addition to this, certain provisions of Commission Regulation 690 /2008/EC have been included in the notice, (EUT 2008, L 193, p. 1) According to Article 249 of the Official Journal, a Regulation shall apply immediately in each Member State. The rendition of these provisions in the notice is therefore based solely on practical considerations and is without prejudice to the immediate validity of the regulation in Denmark. `

2. Inline the order of the proclamation shall be as follows :

" In accordance with section 1, paragraph, One-three, and paragraph 4, paragraph 4. 2, in the legislation on seeds, potatoes and plants, cf. Law Order no. 195 of 12. In March 2009, section 1-2, sections 4-6 and section 13 (3). 3, in the Act of harmful organisms, cf. Law Order no. 198 of 12. The following March 2009, and by the authority, shall be :

3. § 2 ITREAS :

" § 2. For the purposes of this notice, the following definitions shall apply :

1) Plants : Lewing plants and parts of plants (including seeds).

2) Live herbivores : one in particular.

a) rods and rods, onions and grounding pins,

b) cut flowers,

c) branches and cut trees with a lion,

d) Plant tissue culture ;

(e) Fruit in the botanical sense, however, not the depth.

3) Seeds : Seeds in Botanical significance intended for planting.

4) Plants for planting :

a) Plants that have been planted and must remain planted or replanted.

b) Plants that haven't been planted, but they're scheduled to be planted.

5) ' planting ` shall mean any affixing of plants or parts of plants in an adult medium for the purpose of ensuring their growth or propagation.

6) Vegetable reproductive material : Plant parts and all other planting stock, including elements of origin and species listed in Annex 6, I, Section B, point B, 2 (a) intended for propagation and production of vegetable plants, excluding seeds.

7) Vegetables plants : whole plants and plant parts of the family and species listed in Annex 6, I, Section B, no. Point 2 (a) in respect of the podded plants also intended for planting with a view to the production of vegetables, excluding seeds.

8) Fruit plant propagation material : seed, parts of plants and all other plant material, including basic tribes, of genus and species listed in Annex 6, I, Section B, point B, 2 (b) intended for propagation and production of fruit plants.

9) Fruit plants : Plants of genus and species listed in Annex 6, I, Section B, point B, 2 (b) that after sentence is intended for planting or reproduction.

10) Fruit plant turd : A stock of plants within a single botanical taxonomic group of low-ranking outranes that can

a) is defined on the basis of the occurrence of characteristics resulting from a given genotype or combination of genotypes, and

b) are differentiated from any other state of plant on the basis of the presence of at least one of the said characteristics and,

c) is considered as a unit in terms of their suitability to be unaltered.

11) Fruit plant clone : a vegetative genetic homogeneous offspring of a single plant.

12) Plant propagation material : the plant material of all the family and species serving for propagation or production of ornamental plants. In the production of whole plants, the definition includes only plants intended for further circulation.

13) Parti : A number of units of the same product characterized by uniformity as to composition and origin.

14) CAC material (Conformitas Agraria Communitatis) : reproductive material and fruit plants of the family and species listed in Annex 6, I, Section B, point B, 2 (b) and which meets the minimum requirements for approval for sale, cf. section 10.

15) ' reproductive material ` shall mean Plants intended for planting, however not seeds, of the species listed in Annex 3 in the notice of forest seed and flora. ` ;

4. The following section 8 is inserted :

" § 8 a. Colts of generals and species of vegetable plants and propagation material, cf. Annex 6, I, Section B, no. 2, (a) and ornamental propagation material may be sold only if they are included in the list of varieties of vegetable species or recorded as plant units, and for commonly known varieties, the official description of the variety shall be used. In the case of other varieties of the said species and species, suppliers shall have a list of the variety described in detail. The list shall contain information on :

1) variety name, where appropriate, indicating the common variety of synonyms of the variety ;

2) Indication of the system used for the variety of varieties and the conduct of the operation,

3) a variety of varieties, at least on the basis of the characteristic and the expression of the variety, according to the guidelines laid down by the Plant Directorate and for the ornamental propagation material according to the guidelines applicable to the application for a Community plant variety right ;

4) as far as possible, how the variety differs from the other varieties that are the most similar.

Paragraph 2. Paragraph 1, no. 2 and 4 shall not apply to suppliers who are sellin ' vegetable plants and propagation material only as well as the ornamental propagation material.

§ 8 b. Sorrow of fertile plants and propagation material, cf. Annex 6, I, Section B, no. 2, b, may be sold only if :

1) the variety is protected under the law of plant units, cf. Law Order no. 190 of 12. in March 2009, or pursuant to Council Regulation (EC) No, 2010/00 on Community plant variety right, or the variety of varieties is the subject of an application for plant variety rights ;

2) the variety is officially registered in Denmark or in another EU Member State, or the variety shall be the subject of an application for official registration ;

3) 15 before 30. September 2012 has been sold in a state that is a member of the European Union and has an officially recognised description,

4) the variety is without any commercial production value and has an officially recognized description, and propagation material and fruit plants have been deposed as CAC material in Denmark and the supplier document, cf. Annex 6, B, contains a reference to this provision.

Paragraph 2. The varieties of genetically modified fruit plants and reproductive material must also be sold only if the variety is approved for cultivation and production in the European Union. Where the material of a genetically modified variety is intended for use as food or as a feed, cf. Article. The Regulation No 1829/2003/EC of the European Parliament and of Council Regulation No 1829/2003/EC on genetically modified food and feed may be sold only once it has been approved in accordance with the said Regulation. If the material is genetically modified, this must be reported on all labels and documents relating to the material.

Paragraph 3. Notwithstanding paragraph 1 1, the Directorate-General may allow the sale of limited quantities of fertile plants and propagation material for use in this country where the material is intended for :

1) trials or scientific purposes,

2) selection work or

3) to contribute to the preservation of genetic diversity.

Paragraph 4. Suppliers shall have to do so in the first paragraph. 3, no. 3 mentioned material shall keep a list of the variety described in detail. The list shall contain similar information as referred to in section 8 (a), 1, no. 1-4. For suppliers which only sell fertile plants and propagation material, the list shall contain only the products in sections 8 (a) (a). 1, no. 1 and 3 mentioned information.

Paragraph 5. Fruit plants and propagation material resulting from a parent plant that existed before the 30. September 2012, and which has been officially certified or satisfying the conditions to be designated as CAC material before 31. December 2018, may be sold until the 31. December 2018. For sale, the material shall be identified with a reference to the supplier ' s document, cf. Annex 6, I, Section B, no. ' (1) (b) to Article 21 of Directive 2008 /90/EC. ` ;

5. I ~ 10 (1)) 4 pasted as Two. Point. :

' This shall also apply to fruit plants and propagation material, which shall be introduced for the purposes of its own operation. ` ;

6. I Section 21 (1). 1, in the words ' § 8 ` is replaced by ' § 8-8 b `.

7. Appendix 7 read as Annex 1 to this notice.

§ 2

The announcement shall enter into force 31. March 2010 and shall apply from the 30. September 2012.

The Department of Directorates, 26. March 2010

P.D.V.
Marie Louise Klenow

-Birthe Schubart

Appendix 1

' Appendix 7

Obligations of registered suppliers

A.
Registered suppliers shall continue to comply with the following obligations :
1)
There must be an updated plan in the areas where the production of plants and other crops is produced, stored and stored and in the places where they are used.
2)
Suppliers shall keep stock records of plants, plant products and other products which :
a)
are purchased for the storage or planting of the undertaking,
b)
are in production and
c)
sent to others,
however, for fruit plants and fruit plant propagation material for three years, the relevant supporting documents must be kept for at least 1 years, and shall be requested at the request of the Directorate-General for the Plans.
3)
Vendors shall appoint one or more persons with knowledge of plant production and phytosanitary questions to carry out the ongoing contact with the Directorate-General.
4)
Suppliers engaged in the production of ornamental propagation material, fruit plants and fruit plant propagation material shall :
1 o ()
identify and monitor critical points in their production process affecting the quality of the material ;
2 o ()
to store information on the surveillance referred to in the first indent for verification at the request of the Department of Directorates,
3 o ()
take samples whenever necessary, for analysis in a laboratory with appropriate facilities and expertise ;
4 o ()
ensure that lots of ornamental propagation material continue to be identified separately during production.
5)
The Supplier shall ensure that the necessary visual observations are made at appropriate times according to guidelines from the Department of Plant.
6)
Suppliers must save written proof of advertisements they themselves or dispatch on plant material which do not meet the requirements of Annex 3. Documentation must be available to the Plantedirectorate on request.
7)
The fund or suspicion of attacks of harmful organisms referred to in Annexes 1 and 2 and more attacks by other harmful organisms must be notified immediately to the Directorate-General.
8)
The Directorate-General must be given access to monitoring and sampling, as well as to undergo the entry into paragraph 4 of the Commission. 2 mentioned books and appendixes.
9)
The responsible leader of the company must also cooperate with the Directorate-General.
10)
Entities multiply plants by the use of tissue-culture techniques must brand up-produced tissue cultures so that they can be identified in relation to the accounts.
11)
For the resale of plants listed in Annex 6, I, A, no. 5, 6, 7 and 8 shall be the responsibility of the supplier to ensure that the plants are labelled in accordance with the provisions of Annex 6.
12)
Any supplier who imports ornamental propagation material must be carried out before the import takes place to ensure that the material in any way offers the same guarantees as the ornamental propagation material produced in the European Union (cf. in Annex 3). The Danish supplier must be able to provide evidence of its contract with the supplier in the country outside the European Union. The Supplier must inform the Plantedirectorate about the ornamental propagation material which is currently being introduced,
B.
Registered vendors who have been approved in accordance with section 20 must carry out checks on their production, and so on according to the following guidelines :
1)
Suppliers must take the following critical points into account at all times :
a)
the quality of the reproductive material and plant material used as the basis for production,
b)
sowing, sowing, pooling and planting of propagation material and planting materials,
c)
compliance with the conditions in section 5,
d)
crop plan and method,
(e)
general cultural care,
(f)
multiplication
g)
harvesting,
(h)
hygiene ;
i)
treatments,
j)
wrapping
c)
storage,
I)
transport and
m)
administration
2)
The Supplier must record all organisms of harmful organisms in or on the planting stock and all the measures, including chemical processing carried out in connection with this.

"

Official notes

1) The announcement contains provisions implementing Council Directive 2008 /93/EC of 29. September 2008, on the marketing of fruit herbal propagation material and fruit plants intended for fruit production (EUT 2008, L 267, p. 8).