Council Directive 68 /193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine was incorporated into the Spanish legal order by the Order of 1 July 1968. 1986, which was amended by Order of 24 June 1991.

This Directive has been amended by Council Directive 2002/11/EC of 19 February 2002. This amendment is produced, as stated in one of the recitals of the Community standard, with the aim of eliminating all trade barriers which may impede the free movement of vine propagating material in the Community. Community. To this end, all possibilities for unilateral non-application by the Member States of Directive 68 /193/EEC have been abolished, to the effect that some of their provisions have been repealed or amended.

The new developments brought about by the new Community legislation on the subject impose the need to adapt the Spanish legislation, which has resulted in the repeal of those provisions of the technical regulation of control and certification of vine nursery plants, approved by Order of 1 July 1986, which are the subject of regulation by Directive 2002 /11/EC, while maintaining the validity of those provisions of that Regulation concerning non-contemplated aspects by the directive which by this Royal Decree is transposed.

It is necessary to point out that under Article 4 of the Directive, which allows Member States to set additional or more stringent conditions for their own production, a production regulation is carried out for the production of This regulation will be applied exclusively to the nursery plants produced in Spain. This will be applied exclusively to the nursery plants produced in Spain. Propagating material from another Community country and marketed in Spain shall not be subject to any restrictions other than those laid down in the Community Directive.

Under its virtue, on the proposal of the Minister of Agriculture, Fisheries and Food, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 21 February 2003,

D I S P O N G O:

Single item. Approval of the technical regulation for the control and certification of vine nursery plants.

The technical regulation for the control and certification of vine nursery plants is approved in the terms set out in the Annex to this Royal Decree.

TRANSIENT PROVISIONS

First. Standard category patterns.

By way of derogation from Article 13 of the Regulation which is adopted, the marketing in the national territory, until 1 January 2005, of the propagating material of the standard category intended for be used as rootstock originating from parent strains of standard multiplication material that exist at the date of 23 February 2002.

Second. Prebase stem strains.

Prebase mother strains authorised and existing at the date of entry into force of this Technical Regulation for the control and certification of vine nursery plants shall be classified by the competent authority in the categories approved in this Regulation in accordance with the conditions laid down in each case in Annex I.

Single repeal provision. Regulatory repeal.

The Order of 1 July 1986, for which the technical regulation for the control and certification of vine nursery plants is approved, is hereby repealed, with the exception of headings VII and VIII which remain in force.

FINAL PROVISIONS

First. Competency enablement.

This Royal Decree is issued pursuant to Article 149.1.13 of the Constitution, which gives the State exclusive competence in the field of bases and general coordination of economic activity, with the exception of Articles 26 and 27, which are given under Article 149.1.10, which gives the State exclusive competence in the field of foreign trade.

Second. Application faculty.

The Minister of Agriculture, Fisheries and Food is empowered to issue, within the scope of his powers, the provisions necessary for the application of the provisions of this Royal Decree and in particular to amend the annexes, where necessary or in the event of a change in Community legislation.

Third. Entry into force.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid, 21 February 2003.

JOHN CARLOS R.

The Minister of Agriculture, Fisheries and Food,

MIGUEL ARIAS CANETE

ANNEX

Technical regulation for the control and certification of vine nursery plants

CHAPTER I

Scope

Article 1. Scope of application.

1. The vine nursery plants which are placed on the market of the various species grown from the 'Vitis L.' botanical genus, as well as their interspecific and intervarietal hybrids, are subject to the scope of this Regulation.

2. This Regulation shall apply without prejudice to Council Regulation (EEC) No 234/68 of 27 February 1968 on the establishment of a common organization of the market in live plants and products of floriculture.

3. This Regulation shall not apply to propagating material where it has been established that they are intended for export to third countries.

CHAPTER II

Definitions and Categories

Article 2. General definitions.

For the purposes of this Regulation,

following definitions shall apply:

(a) "Vid": plants of the genus "Vitis L." which are intended for the production of grapes or for use as propagating material for these same plants.

b) "Variety": a plant set of a single botanical taxon, of the lowest known range, that can:

1. Set to be defined by the expression of the characters resulting from a particular genotype or a particular combination of genotypes.

2. Distinguished from any other plant by the expression of at least one of those characters.

3. Consider an entity for its fitness to be reproduced without change.

(c) "Clon" means a vegetative offspring of a variety according to a vine strain chosen by the identity of its variety, its phenotypic characters and its health status.

Article 3. Definitions of nursery plants.

1. "Multiplication materials".

a) vine planters.

1. 'Barbados' means fractions of vine-rooted and ungrafted vine-based sars or herbaceous branches, intended for free standing or to be used as a rootstock for a graft.

2. 'grafting plants': fractions of vine branches or herbaceous branches, joined together by grafting, the underground part of which is rooted.

b) Parts of vine plants.

1. º "Sarmings": branches of a year.

2. "Herbaceous Ramas": non-agostated branches.

3. º "graftable rootstock": fractions of vine or herbaceous branches of vine, intended to form the underground part when grafting plants are prepared.

4. "Injorts": fractions of vine branches or herbaceous branches, intended to form the aerial part when grafting plants are prepared or grafted on the ground.

5. "Staquillas": fractions of vine or herbaceous branches of vine, intended for the production of fallow.

2. "Cepas-mothers": vines for the production of stakes, staquillas or grafts.

3. "Nurseries" means vines for the production of barbs or plant-grafts.

Article 4. Categories of nursery plants.

1. 'Initial multiplication materials' means propagating material which meets the following requirements:

(a) That they have been produced under the responsibility of the producer, by means of generally accepted methods, with a view to maintaining the identity of the variety and, where appropriate, of the clone, as well as to prevent diseases.

(b) To be used for the production of base multiplication materials or certified multiplication materials.

(c) which meet the conditions laid down in Annexes I and II for initial propagating material.

(d) In respect of which it has been found in an official examination that the conditions referred to above have been observed.

2. 'Base multiplication materials' means propagating material which meets the following requirements:

(a) That they have been produced under the responsibility of the producer, by means of generally accepted methods, with a view to maintaining the identity of the variety and, where appropriate, of the clone, as well as to prevent diseases, and to proceed directly from initial propagating material by vegetative way.

b) That are intended for the production of certified multiplication materials.

(c) which comply with the conditions laid down in Annexes I and II for basic propagating material.

(d) In respect of which it has been found in an official examination that the conditions referred to above have been observed.

3. 'Certified multiplication materials' means propagating material which meets the following requirements:

(a) That come directly from base multiplication materials or from initial multiplication materials.

b) That are intended:

1. The production of plants or parts of plants that serve for the production of grapes.

2. To the production of grapes.

(c) which meet the conditions laid down in Annexes I and II for certified propagating material.

(d) For which an official examination has been established that the above conditions have been respected.

4. 'Standard multiplication materials' means propagating material which meets the following requirements:

a) That possess varietal identity and purity.

b) That are intended:

1. The production of plants or parts of plants that serve for the production of grapes.

2. To the production of grapes.

(c) Which meet the conditions laid down in Annexes I and II for standard multiplication materials.

(d) For which an official examination has been established that the conditions referred to above have been complied with.

Article 5. Other definitions.

1. 'marketing' means the sale, possession for sale, offer of sale and any transfer, delivery or transfer of propagating material to third parties, both by remuneration and without it, with a view to their commercial exploitation.

The exchange of propagating material for which the purpose is not the commercial exploitation of the variety is not considered to be marketing, as is the case for the following operations:

(a) Delivery of propagating material to testing and inspection bodies.

(b) Delivery of propagating material to service producers for processing or packaging, provided that the service producer does not acquire rights to the propagating material supplied.

2. 'competent authority' means the Ministry of Agriculture, Fisheries and Food, with regard to the management and coordination of the control and certification of vine nursery plants, as well as in relation to the Register of commercial varieties and the foreign trade assumptions, and the competent bodies of the Autonomous Communities, with regard to the application of the control and certification of vine nursery plants in their respective territories.

CHAPTER III

Commercial Varieties

Article 6. Registration of commercial varieties.

1. Only varieties registered in the Register of commercial vine varieties may be placed on the market.

2. The marketing of varieties entered in the catalogues or registers of the other Member States shall also be permitted, without prejudice to the provisions of Council Regulation (EC) No 1493/1999 of 17 May 1999 laying down the common organisation of the market in wine with regard to the general rules concerning the classification of vine varieties.

3. The Register may be consulted by anyone and shall determine the main morphological and physiological characteristics that allow the varieties to be distinguished from each other.

Article 7. Admission of varieties to the Register of commercial varieties.

1. Only a variety shall be permitted in the Register if it is distinct, stable and sufficiently homogeneous.

2. Varieties which are clearly distinguished by the expression of the characters derived from a genotype or a combination of given genotypes, of any other varieties known to be known to be known, shall be considered as differentiated. the Community.

3. A variety known to be known in the Community shall be regarded as a variety which, at the time of the formal application for admission, is registered in the catalogue of the Member State concerned or another Member State, or awaiting admission to the Member State concerned or in another Member State, unless the conditions referred to above have ceased to be fulfilled in all the Member States concerned before the decision on the application for admission of the new variety examined.

4. Varieties in which the expression of the characters included in the examination of the differentiation or any other character used to describe the variety does not undergo changes after multiplication shall be considered stable. successive.

5. Varieties in which, subject to variations which may result from the particularities of their multiplication, the expression of the characters included in the examination of differentiation or any other variety shall be considered to be homogeneous. character used to describe the variety is sufficiently homogeneous.

6. Varieties from other Member States shall be subject, in particular as regards the procedure for admission, to the same conditions applied to national varieties and clones.

7. The admission of varieties to the Register shall be the result of official examinations, carried out in particular in cultivation on a sufficient number of characters to describe the variety and in accordance with precise and reliable methods.

8. If it is known that the variety appears in the Register of another Member State with another consolidated name, that name shall also be recorded in the Register.

9. The permitted varieties shall be regularly and officially checked. If any of the conditions of admission are not met, the variety shall be cancelled and the variety shall be deleted.

10. All applications or withdrawals of applications for the admission of varieties, as well as all registrations in the Register of commercial varieties and the different amendments thereto, shall be notified immediately by the Ministry of Agriculture, Fisheries and Food to the other Member States and to the Commission.

11. Genetically modified vine varieties shall be permitted only if all appropriate measures have been taken to avoid risks to human health and the environment in accordance with the provisions of the legislation in force.

12. The genetically modified varieties which have been accepted shall be clearly indicated as such in the Register. All persons placing on the market those varieties shall indicate in their commercial catalogue that they are genetically modified varieties, specifying the purpose of the modification.

Article 8. Lists of clones admitted to certification.

1. On the basis of the information provided by the competent bodies of the Autonomous Communities on qualified nursery plants under the certification system, the Ministry of Agriculture, Fisheries and Food shall establish the list of clones admitted to certification in Spain.

2. Clones included in the corresponding lists of other EU Member States shall also be admitted to certification in Spain.

Article 9. Conservation of commercial varieties.

1. The varieties entered in the Register of commercial varieties or, where appropriate, the accepted clones shall be maintained by conservative selection.

2. The conservative selection must be monitored at all times by the records made by the person in charge or in charge of preserving the variety and, where appropriate, the clone.

3. Samples of the variety may be requested from the keeper. If necessary, they may be officially taken.

4. Where the conservative selection is carried out in Spain for a variety admitted in another Member State, the Ministry of Agriculture, Fisheries and Food, through the appropriate course, shall forward to the State which has accepted the variety in its catalog the result of the controls performed, if administrative assistance is required.

CHAPTER IV

Production of nursery plants

Article 10. Conditions relating to production.

The production of nursery plants shall comply with the corresponding conditions in Annex I.

Article 11. Production by the "in vitro" method.

The production of initial, base or "in vitro" method-certified multiplication material will only be supported to the extent that the European Union establishes specific conditions and provisions for this.

Article 12. Production by the "green multiplication" method.

The production of multiplication material by the "green multiplication" method shall be performed in accordance with the conditions set out in Annex VII.

CHAPTER V

Multiplication material conditions

Article 13. Materials that can be marketed.

1. Only propagating material may be placed on the market if:

(a) They have been officially certified as "starting multiplication materials", "base multiplication materials" or "certified multiplication materials" or, in the case of propagating material not being intended for use as rootstock, in the case of officially controlled standard multiplication materials.

(b) If they meet the conditions set out in Annex II.

2. If it is found that the nursery plants do not comply with the requirements of this Regulation, the competent authority shall take appropriate measures to ensure that it is not placed on the market until such measures are in place.

3. The competent authority may authorise producers in Spain to market appropriate quantities of propagating material which do not comply with the requirements of this Regulation in the following cases:

a) When they are intended for testing or for scientific purposes.

b) When they are intended for selection jobs.

c) When they are intended for measures aimed at the conservation of genetic diversity.

4. In the case of genetically modified material, such authorisation may be granted only if all appropriate measures have been taken to avoid risks to human health and the environment in accordance with the rules in force.

Article 14. Lots.

1. The propagating material shall be, at the time of collection, conditioning, storage, transport and cultivation, kept in separate batches and marked in accordance with their variety and, where appropriate, for the materials of initial multiplication, base multiplication materials and for certified multiplication materials, according to the clone.

2. Propagating material may be placed on the market only in sufficiently homogeneous lots and in closed packages or bundles, provided with a system of closure and labelling.

Article 15. Sealed.

Packaging and bundles of propagating material shall be officially closed or under official control in such a way that they cannot be opened without the closure system being damaged or no trace of tampering remaining in the system. official label provided for in Article 16, or in the package, in the case of packaging. In order to ensure the closure, the closure system shall bear the official label or an official seal at least.

The composition of the bundles and bundles shall be as set out in Annex III.

Article 16. Tagged.

1. Packages and bundles of propagating material shall be provided with an official external label which is at least written in the official Spanish language of the State; their fixation shall be ensured by means of the closing system. The label shall have the information set out in Annex IV.

2. The label shall be cross-white diagonally by a violet stripe for the initial, white multiplication materials for the base multiplication materials, blue for the certified propagating material and dark yellow for the standard multiplication materials. Its dimensions shall be as set out in Annex IV.

3. The competent bodies of the Autonomous Communities may authorise producers established in their territory to place on the market several packages or several bundles of grafted plants or of the same characteristics with a single label. In this case, the containers or bundles shall be attached in such a way that, when separating them, the ligature which is damaged and which cannot be recomposed. The fixing of the label shall be carried out by means of this ligature. A new closure will not be authorized.

4. The official label may also include all the data relating to the plant passport provided for in Royal Decree 2071/1993 of 26 November 1993 on protective measures against the introduction and dissemination in the territory of and the European Economic Community of organisms harmful to plants or plant products, as well as for export and transit to third countries. In that case, the data of the plant passport shall be clearly differentiated, its conditions shall be respected and the official label shall be recognised as equivalent to the plant passport.

5. On labels placed on lots of propagating material of a variety which has been genetically modified and in any other document accompanying them pursuant to the provisions of this Regulation, whether or not it is official is not, it shall be clearly stated that the variety has been genetically modified, specifying the name of the genetically modified organisms.

Article 17. Preservation of the labels.

The recipient of the material for the vegetative propagation of the vine shall keep the official labels for at least one year and make them available to the competent authority for control.

Article 18. Albaran.

1. Any consignment of propagating material produced in Spain and placed on the market shall be covered by an albaran of the numbered producer, in which the data set out in Annex VI shall be recorded at least.

2. The producer shall keep those albarans, the set of which shall be considered as the book of departures.

Article 19. Reduced requirements.

When the Commission of the European Communities authorises the marketing of a certain set of propagating material of a category subject to reduced requirements of a given variety, the colour of the label is intended for the corresponding category, and in all other cases, it will be brown. The label shall always indicate that it is material for multiplication of a category subject to reduced requirements.

CHAPTER VI

Controls

Article 20. Controls by producers.

Producers shall take the necessary measures to ensure compliance with the rules laid down in this Regulation at all stages of the production and marketing of nursery plants.

For that purpose, producers either by themselves or, where appropriate, in collaboration with another producer, shall carry out checks which include the following:

(a) The development and implementation of surveillance and control methods in the fundamental phases of their production and trade process.

(b) The sampling, to be analysed in a laboratory recognised by the competent authority, shall ensure that:

1. The samples are taken during the various stages of the production process and at the intervals established, where appropriate, by the competent authority when carrying out the verification of the production methods for the granting of the the authorization of the producer.

2. º Sampling is performed in a technically correct manner and following a statistically reliable procedure taking into account the type of analysis to be performed.

3. º People who take the samples must be competent for it.

(c) the entry in writing, or by any other means ensuring lasting conservation, of the data corresponding to paragraphs (a) and (b) above, and the maintenance of a record of production and marketing of the nursery plants, which shall be made available to the competent authority. These documents and records shall be kept for at least three years and contain complete information on:

1. º Nursery plants purchased for storage or utilization in their production process.

2. The nursery plants in the process of production.

3. No. The nursery plants issued to others, or record of exits composed of the set of the issued albarans, ordered correlatively.

4. The chemical treatments applied to the plants.

5. In the case of in vitro production, and for each line of distinct offspring: date of each operation, number of plants and identification of each subcrop.

(d) Collaborate with the competent authority as regards its activity and the relevant official control and in particular:

1. Take responsibility personally or designate another person with technical expertise in plant production and in plant health issues to engage with such competent authority.

2. " To facilitate access to persons empowered to act on behalf of the competent authority, to the records and documents referred to in paragraph (c).

However, producers whose activity in this field is limited to the mere distribution of nursery plants produced and packaged outside their establishment, must carry only one register, or keep evidence durable, from the purchase and sale or delivery operations of nursery plants that they have performed.

Article 21. Presence of harmful organisms.

When, as a result of the controls themselves, or of the information at their disposal, the producers verified the presence of one or more of the harmful organisms referred to in Royal Decree 2071/1993, or the presence, in the quantity exceeding the permissible quantity, of the bodies referred to in Annex V, shall immediately inform the competent authority and take the measures indicated to them, or any other measures necessary to reduce the risk of dissemination of such harmful organisms in question. Producers shall keep a record of all cases of detection of harmful organisms in their establishments and of all measures taken in this respect.

Article 22. Control of producers.

The competent authority shall regularly carry out surveillance and control of producers as well as their establishments in order to ensure the continued compliance with the requirements laid down in this Regulation. This surveillance or control shall be carried out at the appropriate time and at least once a year.

Article 23. Official inspections.

Official inspections may be visual or sample-taking for analysis, where appropriate.

Production and marketing processes shall be the subject of inspections to be determined by the competent authority, which may take samples at any time during such processes.

When official samples are taken, the identity and representativeness of the sample shall be guaranteed.

Of the circumstances and results of the inspections, including, where appropriate, sampling, a report shall be drawn up.

Disqualifications of consignments of nursery plants shall be communicated in writing to the producer, stating the reasons.

Article 24. Declarations and statistics.

1. Producers shall send to the competent authority before 31 May of each year, in a standardised format, the following information:

(a) The crop declaration in which, at least, the location data of the plots, square metres of cultivation, units in cultivation, type of material, origin of the propagating material, for each variety, clone and category of nursery plant.

(b) The production and marketing declaration, in which the data of at least: units, type of material, source of the material for each variety, clone and category of nursery plant produced or marketed are included.

2. In order to establish national statistics and to provide the information provided for in Community legislation, the competent bodies of the Autonomous Communities shall send to the Directorate-General for Agriculture (Spanish Varieties Office). Plants), before 1 July of each year, the data of the mother plants, production and marketing of the campaign ordered by varieties, clone, type of material and categories.

Article 25. Post-controls.

In order to verify the quality of the propagating material and the correct application of this Regulation, the competent bodies of the Autonomous Communities may carry out post-checks on the material marketed in their territory. taking into account the information provided by the Albarans as set out in Article 18.

The Ministry of Agriculture, Fisheries and Food may decide to carry out post-controls at national level, in order to check the quality of the material or to harmonize the methods of control and certification of the plants of nursery, as well as analysis laboratories.

When the Commission of the European Union establishes comparative trials or temporary experiments at Community level, the competent authorities shall participate and cooperate with them as far as is necessary for this purpose. the coordination of the Ministry of Agriculture, Fisheries and Food.

CHAPTER VII

Foreign trade

Article 26. General conditions.

The multiplication material that is imported from third countries, in order to be introduced in Spain, must offer at least equivalent guarantees in all aspects to those of the propagating material produced in the European Union.

As regards the processing, documentation and conditions necessary for imports and exports to and from third countries, the provisions of Article 5 of Decree 3767/1972 of 23 December 1972, for which the the General Regulation on the Production of Seeds and Plants of Vivero, as last amended by Royal Decree 2273/1993 of 22 December 1993, and in the Order of 23 May 1986 approving the general technical regulation of the control and certification of seed and nursery plants, without prejudice to the provisions of the Royal Decree 2071/1993.

Article 27. Information document.

Imported materials must be accompanied by a document containing the following information:

a) Species (botanical name).

b) Variety and, where appropriate, the clone, applying these indications in the case of grafting plants to both the rootstock and the cuttings for grafts.

c) Category.

d) Type of multiplication material.

e) Country of production and official control service.

f) Country of dispatch if not the same as the country of production.

g) Importer.

h) Quantity of material.

CHAPTER VIII

Sanctioning Regime

Article 28. Infringements and penalties.

Possible violations and penalties in the production and marketing of nursery plants will be classified and applied in accordance with the provisions of Law 11/1971, of March 30, of Semillas and Plants of Vivero, and additional provisions, and, where appropriate, with the provisions of Royal Decree 1945/1983 of 22 June 1983 governing infringements and penalties in respect of the defence of the consumer and of agri-food production.

ANNEX I

Production Conditions

1. Source:

(a) Parts of vine plants used for the production of fallow plants or grafting plants shall proceed from parent cecas-mother having passed the corresponding control.

(b) Only new stem-strain fields shall be classified in nurseries if the initial or base multiplication material is used for implantation, with such fields as the base-parent or the mother-of-certificate strains being classified, respectively.

2. General conditions:

(a) The crop shall possess identity and purity as regards the variety and, where appropriate, the clone.

(b) The cultural and development status of the crop shall allow sufficient control of the identity and purity as regards the variety and, where appropriate, the clone as well as the health status.

(c) The soil or, where appropriate, the crop substrate shall provide sufficient guarantees as to the absence of harmful organisms or their vectors, in particular of nematodes which transmit diseases of the viruses.

For this purpose, soils intended for planting, except if their clay content is less than 1 per 100, shall meet the following conditions:

Not having had vine crops or stem strains in the previous twelve years.

Not having had vine nursery crops in the previous three years.

The above deadlines are reduced to six and one year, respectively, if the plot is disinfected against previously harmful nematodes.

The plots that are disinfected can be used as vine nurseries for two consecutive years.

The substrates used must have been properly disinfected.

d) The fields of mother-mother and nurseries shall not be installed less than three metres from any vineyard or land that has been vineyard.

e) Stem strains in hydroponic or potted culture will be permanently labelled to know the variety and clone. In the cultivation of plants by multiplication in green, the varieties and clones shall be separated by lots, each lot being identified in the same way.

(f) The presence of harmful organisms which reduce the value of the use of propagating material, and in particular those mentioned in Annex V, shall not be allowed to be more than as weak as possible.

g) Both in the fields of the mother strains and in the nurseries shall be carried out by the producer at the disposal of all plants which do not correspond to the variety or present symptoms of the virus referred to in Annex V, prohibited the use and marketing of all the plants of the plot if the purification is not carried out.

h) The parent strains shall be qualified as the category of propagating material that they produce.

3. Parent strains of initial multiplication material:

The parent strains of initial multiplication material shall be verified by official inspection:

a) That they come directly from the clone head plant.

b) That correspond to the variety once it is found that all of its varietal characters match those described for the variety in the commercial variety record.

(c) That they are free from harmful organisms and, in particular, from the virosis of Annex V, by virtue of analysis results by method of indexation.

d) They maintain their health status by confirming results by laboratory methods at all plants every five years.

No fault of plants imputable to the harmful organisms in Annex V. If they are imputable to other reasons, they must be justified and, in any case, such reasons must be entered in the file.

Initial parent strains must be kept in a position to ensure their isolation from harmful organisms, be isolated at least 30 metres from any vineyard or vineyard nursery and shall be established on directly cultivated farms by the producer.

The clone head plant and all of its clonal offspring shall be identified with a number or code that will serve as a source reference to all nursery plants that come from it.

4. Parent strains of base multiplication material:

The parent strains of base multiplication material shall be verified by official inspection:

a) That have been directly constituted with initial multiplication material.

b) That correspond to the variety.

(c) which are free from harmful organisms, and in particular from the virosis of Annex V, by means of test results by laboratory methods.

d) That maintain their health status by confirming results by laboratory methods for the virosis of GFLV, GLRaV1 and GLRaV3 in all plants every six years.

No fault of plants imputable to the harmful organisms in Annex V. If they are imputable to other reasons, they must be justified and, in any case, such reasons must be entered in the file.

Base stem strains must be maintained in conditions of ensuring their isolation from harmful organisms, isolated at least 30 metres from any vineyard or vineyard nursery and shall be established on directly cultivated farms by the producer.

5. Parent strains of certified multiplication material:

The parent strains of certified multiplication material shall be verified by official inspection:

a) That have been directly constituted with base multiplication material.

b) That correspond to the variety.

(c) which are free from harmful organisms, and in particular from the virosis of Annex V, by means of laboratory method analysis results performed by sampling.

d) That maintain their health status by confirming results by laboratory methods for the virosis of GFLV, GLRaV1 and GLRaV3 performed by sampling every ten years.

The proportion of faults due to harmful organisms may not exceed 5 per 100. If they are attributable to other reasons, they must be justified and, in any event, such reasons must be entered in the file.

6. Parent strains of standard multiplication material:

The parent strains of standard multiplication material shall be tested for their varietal purity and health status for the harmful organisms in Annex V by means of a regular official visual inspection or, where appropriate, a test of laboratory.

The proportion of faults due to harmful organisms may not exceed 10 per 100. If they are attributable to other reasons, they must be justified and, in any event, such reasons must be entered in the file.

7. Nurseries:

Nurseries will be established in appropriate conditions to avoid contamination. Compliance with the general cultivation conditions shall be verified by means of an annual official inspection with visual methods or, where appropriate, completed with laboratory testing. In the event of a dispute that can be resolved without affecting the quality of the propagating material, a second inspection shall take place before the harvest.

ANNEX II

Conditions concerning multiplication material

1. Varietal purity:

Category	Percentage
	100
	100
Standard	99

2. Technical purity: 96 per 100:

They will be considered as technically impure:

(a) Dried propagating material in whole or in part, even those that have been immersed in water after drying.

b) Damaged multiplication materials, with wounds, especially those damaged by hail or ice and crushed or broken.

3. Maturity:

The scents will have reached a sufficient degree of maturity of the wood. The wood-pulp ratio will be normal for the variety.

4. Graft plant classification:

Grafting plants from a pattern-graft combination, both in the same category, will be considered from that category. Nursery plants from a pattern-graft combination of different categories shall be considered according to the lower category component.

5. Calibration:

1) Stacks, staquillas and grafts:

A) Diameter, measured the largest of the minor section:

a) Stacks and grafts:

1. Dieter at the thinner end:

For V. Rupestris and its cruzations with vitis vinifera: 6 to 12 millimeters.

For all other varieties: 6.5 to 12 millimeters.

The percentage of sars having a diameter of less than or equal to seven millimetres for V. Rupestris or its cross-paths with viniferous and less than or equal to 7,5 millimetres for other varieties shall not exceed 25 per 100 of the lot.

2. Maximum maximum diameter at the thickest end: 14 millimeters with the exception of grafts to be used "in situ". The cut of the stake shall be at least two centimetres from the base of the lower yolk.

b) Staquillas:

Minimum diameter at the thinner end: 3.5 millimeters.

B) Length:

(a) Stacks: minimum length: 1,05 meters from the base of the lower knot, taking into account the upper meritallo.

(b) Staquillas: minimum length: 55 centimeters from the base of the lower knot, counting the upper train for V. Viniferous, 30 centimeters.

c) Injorts:

1. º When there are five usable buds, minimum length 50 centimeters from the base of the lower knot, counting the upper training.

2. º When there is a usable yolk, minimum length 6.5 centimeters making the cut as close as possible to the yolk:

1.5 centimeters above.

Five centimeters below.

2) Barbados:

A) Diameter:

The diameter measured in the middle of the training that follows the upper outbreak and according to the major axis will be at least five millimeters.

B) Length:

The distance from the bottom insertion point of the roots to the fork of the top outbreak will be at least:

a) For pattern barbings: 30 centimeters.

b) For other barbs: 22 centimeters.

C) Roots:

Each plant must have at least three well developed and conveniently distributed roots. For the 420 A variety it is allowed to have only two well developed roots, provided they are opposite.

3) grafting plant:

a) Minimum stem length: 20 centimeters.

b) Roots: each plant must have at least three well developed and conveniently distributed roots. For the 420 A variety it is supported that it has no more than two roots but in any case they will be opposite.

c) Soldering: this will be sufficient, regular, and solid in each plant.

4) Plants grown in containers ("pot") :

These plants have to present a well developed sarmiento or outbreak and a balanced root system with the aerial part.

ANNEX III

Composition of the bundles or bundles

		Number
1. Plant-grafts	25 or, in case of use of plastic sacks, 50 or 100, as long as every 25 is used a label.
2. Barbados	50 or, in case of use of plastic sacks, 100, provided that every 50 is used a label.
3. Grafts:
) With five usable buds	100 or 200.
b) With a usable yolk	500 or its multiple.
4. Stakes	200.
5. Pattern and Viniferous Staquillas	200 or 500.
6. Other staquillas	200.

Container-packed plants: plants packed in sealed containers may carry a single label per container for the total quantity of plants it contains. The total quantity shall be a multiple of those fixed for the type of material concerned, except in the case of plants in "pot" whose condition does not permit it.

ANNEX IV

Label

1. The official label will have the following information:

a) CE rule.

b) Production country: SPAIN.

(c) Competent authority for the control and sealing of the material.

(d) Name and address of the natural or legal person responsible for the seal or its official registration number.

e) Species.

f) Type of material.

g) Category.

h) Variety and, if applicable, the clone. For plant-grafts this indication will be applied for both the pattern and the graft.

i) The reference number of the batch.

j) Quantity.

2. For the multiplication materials "Barbados" and "Plantation-grafting" the indications referred to in (a), (b), (c), (d), (e), (f), (g), (h) and (j) shall be sufficient.

3. In cases where the plant for the virosis referred to in Annex V has been tested, with a negative result, this may be indicated for the base and certified categories as follows:

" Base multiplication materials and materials from a vegetative stage prior to the basic materials have been examined by ........ (competent authority) and have been recognized as being exempt from ........ (disease by virus) according to ........ (method of analysis). "

Such indications may refer to all the materials of the "basic" or "certified" categories as regards the rolling and short training and, for the rootstock, in addition to the marbling. The tests must be officially recognised and must have been carried out for a minimum period of three years by an officially recognised and controlled authority.

For all virus diseases, methods of analysis with vine-indicator plants, and, in addition, for short-training, methods of analysis with herbaceous plants, as well as the serological method, may be applied.

4. The minimum size of the label shall be 110 × 67 millimetres for the bundles of stakes, staquillas and grafts and 80 × 70 millimetres for the set-aside and the grafting beams.

ANNEX V

Harmful Organisms

a) Treatment in culture:

The necessary periodic phytosanitary treatments should be performed, mainly for the control of nematodes, mites, insects, fungi and bacteria.

b) Pest And Disease-carrying nursery plants:

The multiplication material, as well as the stem strains, will be free of the following pests or diseases:

Nematodes: "Xiphinema sp"; "Longidorus sp".

Expensive: "Phillocoptes vitis", "Panonychus ulmi 7 eotetranychus carpini".

Cochinillas: "Pseudococus citri" and "quadraspidiotus pernicious".

Podbells: "Armillariella mellea" and " Rosellinia necatrix".

Excoriosis: "Phomosis sp."

Eutiopiosis: "Eutypa armeniaca".

Yesca: "Estereum sp".

Bacteriosis: "Xanthomonas ampelina".

The presence of light infestations of the pests and diseases referred to in subparagraph (a) shall be permitted provided that the appropriate treatments have been carried out.

c) Virosis:

1. Short-trained (GFLV).

2. Coiled, Races 1 and 3 (GLRaV1, GLRaV3).

3. Jaspeate (GFkV).

ANNEX VI

Albaran

The Albarans will contain at least the following information:

a) Expedator: Producer, record number, starting store.

b) Recipient: destination name, address, and store.

(c) Nature of the goods: type of material, variety, clone, units, category, number of bundles or bundles.

d) Date of shipment and number of the albaran.

e) Statement of the producer: the producer declares that the goods covered by this Albaran comply with all the requirements required by the current legislation, being responsible for the accuracy of the data consigned.

ANNEX VII

Production by multiplication in green

1. Source of material:

The multiplication material will always come from parent strains approved by the competent authority, of the corresponding category 2.

2. Multiplication:

The plant material of base stem strains shall be multiplied in green and all material obtained during the year of production may be classified as base multiplication material.

The plant material of certified mother strains shall be multiplied in green and all material obtained during the year of production may be qualified as certified multiplication material.

The varieties and clones will be separated by lots, each batch being identified by permanent labeling.

3. Communications:

The producer shall communicate the crop declaration for each batch in the production phase before one month from the planting.

The set of declarations will form the basis for estimating the label needs for each variety and clone.

4. Tagged:

Plants marketed in "pots" may be labelled in packages covered by a single label.

Sites in "pots" that are marketed individually must be individually labeled.

Plants in "pots" which are placed on the market in closed and sealed packaging may bear their label attached to such packaging in plant sets in accordance with Annex III.

The information "plants produced by green multiplication" must be included in the albaran.