Ordinance Amending The Ordinance On Plants

Original Language Title: Bekendtgørelse om ændring af bekendtgørelse om planter

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Ordinance amending Ordinance of planter1) section 1 of the Decree No. 32 of 23. January 2009 on plants, as amended by Decree No. 244 of 27. March 2009, is amended as follows: 1. The footnote to notice the title is replaced by the following: ' the Ordinance contains provisions implementing Council Directive 2008/72/EC, (OJ 2008 L 205, p. 28), Commission Directive 92/70/EEC (OJ L250, 1992, p. 37), Commission Directive 92/90/EEC (OJ L344, 1992, p. 38), Commission Directive 92/105/EEC (OJ 1992, L 4, p. 22), Commission Directive 93/48/EEC (OJ 1993 , L 250, p. 1), Commission Directive 93/49/EEC (OJ L250, 1993, p. 9), as amended by Commission Directive 1999/67/EC (OJ 1999 L 164, p. 78), Commission Directive 93/51/EEC (OJ L250, 1993, p. 24), Commission Directive 93/62/EEC (OJ 1993 L 250, p. 29), Commission Directive 93/64/EEC (OJ L 250, p. 33), Commission Directive 93/79/EEC (OJ 1993 , L 256, p. 25), Council Directive 98/56/EC (OJ 1998 L 226, p. 16), Commission Directive 1999/66/EC (OJ 1999 L 164, p. 76), Commission Directive 1999/68/EC (OJ 1999 L 172, p. 42), parts of Council Directive 2000/29/EC (OJ 2000 L 169, p. 1) as last amended by Commission Directive 2008/64/EC OJ 2008 , L 168, p. 31), Commission Directive 2002/36/EC (OJ 2002 L 116, p. 16), the Commission decision 2002/757/EC (OJ, L252, p. 37), as last amended by Commission decision 2007/201/RF (OJ 2007 L 90, p. 83), Commission decision 2004/200/EC (OJ 2004 L 64, p. 43), Commission decision 2006/463/EC (OJ 2006 L 183, p. 29), Commission decision 2007/365/EC (OJ L 139 , p. 24), as amended by Commission decision 2008/776/EC (OJ L 266, 2008, p. 14), Commission decision 2007/410/EC (OJ 2007 L 155, p. 71), Commission decision 2007/433/EC (OJ 2007, L161, p. 66) and Council Directive 2008/90/EC (OJ 2008 L 267, p. 8). In addition, there are of the order included certain provisions of Commission Regulation 690/2008/EC, (OJ 2008 L 193, p. 1) according to article 249 of the Treaty applies to a regulation: OJ immediately in each Member State. The reproduction of these provisions in the Ordinance is thus entirely justified in practical terms and shall not affect the validity of Denmark. ' immediate regulation

2. the notice of initiation to be summarised as follows: ' in accordance with article 1, paragraphs 1 to 3, and section 4, paragraph 2, of the law on seeds, potatoes and plants, see. lovbekendtgørelse nr. 195 of 12. March 2009, and § § 1-2, sections 4-6 and section 13, paragraph 3, of the law on plant pests, see. lovbekendtgørelse nr. 198 of 12. March 2009, as well as under the authority fixed: ' 3. paragraph 2 shall be replaced by the following: ' article 2. In this order, the following definitions shall apply: 1) plants: Living plants and parts of plants (including seeds).
2) live parts: inter alia.
a) root and tubers, bulbs and rhizomes, b) cut flowers, c) branches and felled trees with foliage, plant tissue culture, d) e) fruit in the botanical sense, but not in deep freeze.
3) Seeds: Seeds in the botanical meaning, intended for planting.
4) plants for planting: a) plants that are planted and must remain planted or replanted.
b) plants, which are not planted, but which must be planted.
5) Planting means any placing of plants or parts of plants in a growing medium for the purpose of ensuring their growth or reproduction.
6) Vegetable plant propagating material: parts of plants and all plant material, including rootstocks of the genera and species referred to in annex 6, part B, point 1, in. 2 (a), intended for the propagation and production of vegetable plants, other than seeds.
7) Vegetable plants: whole plants and plant parts of the genera and species referred to in annex 6, part B, point 1, in. 2 (a) in the case of grafted plants, the grafted components that are also intended for planting for the production of vegetables, other than seeds.
8) Fruit plant propagating material: Seeds, parts of plants and all plant material, including rootstocks of the genera and species referred to in annex 6, part B, point 1, in. 2 (b), intended for the propagation and production of fruit plants.
9) Fruit plants: plants of the genera and species referred to in annex 6, part B, point 1, in. 2 (b), after marketing is intended for planting or replanting.
10) Fruit plant variety means a plant grouping within a single botanical taxonomic group of the lowest known rank, which can be (a)) is defined on the basis of the expression of the characteristics resulting from a given genotype or combination of genotypes, distinguished from any other and b) stock of plants on the basis of the presence of at least one of the said characteristics and c) is considered as a unit with regard to its suitability for being propagated unchanged.
11) fruit plant clone: A vegetative genetically uniform progeny of a single plant.
12) propagating material: propagating material of all genera and species used for propagation or the production of ornamental plants. During the production of whole plants include the definition only plants intended for further circulation.
13) Lot: a number of units of the same product, which is characterized by uniformity with regard to composition and origin.
14) CAC (Conformitas Agraria Communitatis) material: propagating material and fruit plants of the genera and species referred to in annex 6, part B, point 1, in. 2 (b), and which meets the minimum requirements for the approval for sale, within the meaning of section 10.
15) forest reproductive material: plants for planting, other than seeds, of the species listed in annex 3 of the notice on skovfrø and plants. '
4. Pursuant to section 8 shall be inserted: ' article 8 (a). Varieties of genera and species of plants and vegetable propagating material thereof without prejudice. Annex 6, part B, para. 2 (a), as well as propagating material shall only be sold if they are included in the list of varieties of vegetable plant species, or registered as a plant news, and for commonly known varieties to be characteristic of the official term used. For other varieties of these genera and species to be suppliers keep a list with detailed description of the variety. The list shall contain information on: 1) name of the variety, where appropriate with an indication of the variety commonly known synonyms, 2) indication of the applied system for black maintenance and propagation, 3) description of the variety, at least on the basis of the characteristics and expression, in accordance with the guidelines laid down by the Danish plant Directorate, and for propagating material in accordance with the guidelines that apply when requesting Community plant variety rights, 4) as far as possible, how the variety differs from the other varieties that looks like the most.
(2). (1). 2 and 4, shall not apply to suppliers who only sell vegetable plants and plant propagating material, as well as propagating material.
section 8 (b). Varieties of fruit plants or propagating material thereof, see. Annex 6, part B, para. 2, (b), shall only be sold if 1) the variety is protected under the law on plant varieties, see. lovbekendtgørelse nr. 190 of 12. March 2009, or pursuant to Council Regulation (EC) No 1782/2003. 2010/00 for a Community plant variety right, or the variety are the subject of an application for plant variety protection, 2) the variety is officially registered in Denmark or in another Member State of the European Union, or the variety is the subject of the application for an official registration, 3) the variety before 30. September 2012 has been sold in a State that is a member of The European Union, and has an officially recognized description, 4) variety is without any real commercial production value and have an officially recognized description, and propagating material and fruit plants are marketed as CAC material in Denmark and the supplier's document referred to in article 6. Annex 6, (B), contains a reference to this provision.
(2). Varieties of genetically modified fruit plants or propagating material must also be sold, if the variety is approved for cultivation and production in The European Union. Is the material of a genetically modified variety intended for use as food or as a feed, see. article. 3 and 15 of the European Parliament and of the Council Regulation (EC) No 1829/2003/EC on genetically modified food and feed, the variety can only be sold once it has been approved in accordance with that regulation. If the material is genetically modified, must be disclosed on all labels and documents relating to the material.
(3). Notwithstanding paragraph 1, the Danish plant Directorate permit the sale of limited quantities of fruit plants or propagating material thereof for use in this country, if the material is intended for trials or scientific purposes) 1, 2) selection work or 3) to contribute to the conservation of genetic diversity.
(4). Suppliers must for it in paragraph 3, no. 3 material referred to keep a list with a detailed description of the variety. The list must contain the same information as mentioned in paragraph 8 (a) (1). 1-4. For vendors who only sell fruit plants propagating material thereof and must contain only the list of section 8 (a) (1). 1 and 3 referred information.
(5). Fruit plants or propagating material of which derived from a parent plant, which existed before the 30. September 2012, and which have been officially certified or meets the conditions to be qualified as CAC material before 31 December 2001. December 2018, may be sold until 31 December 2005. December 2018. In the case of sale shall be identified with a reference material on the supplier's document referred to in article 6. Annex 6, part B, para. 1, point (b) of article 21 of Council Directive 2008/90/EC. '
5. In section 10, paragraph 4 shall be inserted 2. item:

' This also applies to fruit plants propagating material thereof, and imported for use in your own business. '

6. In article 21, paragraph 1, the words ' article 8 ' are replaced by: ' § § 8 – 8 b '.
7. Annex 7 shall be replaced by Appendix 1 to this notice.
section 2 of the Ordinance coming into force 31. March 2010 and shall apply from 30 June 2005. September 2012.

The Danish plant Directorate, the 26. March 2010 P.D.V. Marie Louise Klenow/Birthe Schubart Annex 1 ' Annex 7 Obligations to registered suppliers A.

Registered suppliers must continually fulfil the following obligations: 1) there must be an updated plan of the premises where plants, etc. are grown, produced, stored and retained as well as over the spots, which, moreover, is used.


2) suppliers shall keep an account of the plants, plant products and other things that a) purchased for storage or planting on the company, (b)) is in production, and (c)) shall be sent to the other, and the relevant annex shall be kept for at least 1 year, for fruit plant propagating material and fruit plants, however, 3 years, and must be an maturation presented to the Danish plant Directorate.


3) Suppliers must designate one or more persons with knowledge of plant production and plant health issues to take care of the continuous contact with the Danish plant Directorate.


4) suppliers who are engaged in the production of propagating material of ornamental plants, fruit and fruit plant-propagating material to be 1o) identify and monitor critical points in their production process which influence the quality of the material's 2o) store information about the monitoring referred to in the first indent with a view to controls at the request of the Danish plant Directorate 3o) take samples, when necessary, to analyse view in a laboratory with suitable facilities and expertise of 4o) ensure that lots of propagating material remain separately identifiable during production.


5) the supplier must ensure that the necessary Visual observations are made at appropriate times according to guidelines from the Danish plant Directorate.


6) Suppliers must save the written documentation of complaints they receive or the sender regarding plant material which does not comply with the requirements of annex 3. Documentation must be presented the Danish plant Directorate on request.


7) Fund or suspected infestation by pests mentioned in annexes 1 and 2, as well as larger attack of other harmful organisms shall immediately be notified to the Danish plant Directorate.


8) must be ensured access to the Danish plant Directorate to carry out the checking and sampling procedures as well as to review the in no. 2 books and inserts.


9) the practitioner of the company must also, moreover, cooperation with Directorate-General.


10) enterprises, which propagates plants through the use of tissue culture technique, the brand produced tissue cultures so that they can be identified in relation to the financial statements.


11) resale of the plants mentioned in annex 6, in, A, nr. 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) Suppliers which import propagating material, before the import takes place to ensure that the material in all respects afford the same guarantees as propagating material produced in The European Union (see annex 3). The Danish supplier must be able to present evidence of his contract with the supplier in the country outside The European Union. The supplier shall inform the Danish plant Directorate on the propagating material is currently introduced B.

Registered suppliers approved under section 20 shall carry out checks on their production, etc. in accordance with the following guidelines: 1) suppliers must constantly take into account the following critical points: a) the quality of the propagating material and plant material used as a basis for production, b) sowing, pricking-out, potting-up, and planting of propagating and planting material,



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Administration 2) the supplier shall record all occurrences of harmful organisms in or on plant material as well as all measures, including chemical treatments carried out in connection therewith.

«Official notes 1) Ordinance contains provisions implementing Council Directive 2008/90/EC of 29 April 2004. September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ 2008 L 267, p. 8).