25.2.2006 EN Official Journal of the European Union L 55/20 COUNCIL DECISION of 20 February 2006 on Community strategic guidelines for rural development (programming period 2007 to 2013) (2006/144/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 9(2), first sentence, thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (2), Whereas: (1) Article 9(1) of Regulation (EC) No 1698/2005 provides that strategic guidelines for rural development for the programming period from 1 January 2007 to 31 December 2013 should be adopted at Community level to set the priorities for rural development. (2) These strategic guidelines should reflect the multifunctional role farming plays in the richness and diversity of landscapes, food products and cultural and natural heritage throughout the Community. (3) These strategic guidelines should identify the areas important for the realisation of Community priorities, in particular in relation to the Göteborg sustainability goals and to the renewed Lisbon strategy for growth and jobs established by the European Councils of Göteborg (15 and 16 June 2001) and Thessaloniki (20 and 21 June 2003) respectively. (4) On the basis of these strategic guidelines, each Member State should prepare its national strategy plan as the reference framework for the preparation of rural development programmes, HAS DECIDED AS FOLLOWS: Sole Article The Community strategic guidelines for rural development (programming period 2007 to 2013), as set out in the Annex, are hereby adopted. Done at Brussels, 20 February 2006. For the Council The President J. PRÖLL (1) OJ L 277, 21.10.2005, p. 1. (2) Not yet published in the Official Journal. ANNEX Community strategic guidelines for rural development (programming period 2007 to 2013) 1. INTRODUCTION Regulation (EC) No 1698/2005 defines the purpose and scope of assistance from the EAFRD. The Community strategic guidelines identify within this framework the areas important for the realisation of Community priorities, in particular in relation to the Göteborg sustainability goals and to the renewed Lisbon strategy for growth and jobs. The Community strategic guidelines for rural development will help to: — identify and agree the areas where the use of EU support for rural development creates the most value added at EU level, — make the link with the main EU priorities (Lisbon, Göteborg) and translate them into rural development policy, — ensure consistency with other EU policies, in particular in the fields of cohesion and environment, — accompany the implementation of the new market-oriented common agricultural policy (CAP) and the necessary restructuring it will entail in the old and new Member States. 2. RURAL DEVELOPMENT AND THE COMMUNITY’S OVERALL AIMS 2.1. The CAP and rural development Agriculture continues to be the largest user of rural land, as well as a key determinant of the quality of the countryside and the environment. The importance and relevance of the CAP and rural development have increased with the recent enlargement of the European Union. Without the two pillars of the CAP, market and rural development policies, many rural areas of Europe would face increasing economic, social and environmental problems. The European model of agriculture reflects the multifunctional role farming plays in the richness and diversity of landscapes, food products and cultural and natural heritage (1). The guiding principles for the CAP, market and rural development policies, were set out by the European Council of Göteborg (15 and 16 June 2001). According to its conclusions, strong economic performance must go hand in hand with the sustainable use of natural resources and levels of waste, maintaining biodiversity, preserving ecosystems and avoiding desertification. To meet these challenges, the CAP and its future development should, among its objectives, contribute to achieving sustainable development by increasing its emphasis on encouraging healthy, high-quality products, environmentally sustainable production methods, including organic production, renewable raw materials and the protection of biodiversity. Those guiding principles were confirmed in the Lisbon strategy conclusions of the European Council of Thessaloniki (20 and 21 June 2003). The reformed CAP and rural development can make a key contribution to competitiveness and sustainable development in the coming years. 2.2. Towards sustainable agriculture: the 2003 and 2004 CAP reforms The 2003 and 2004 CAP reforms represent a major step forward in improving the competitiveness and sustainable development of farming activity in the EU and setting the framework for future reforms. Successive reforms have contributed to the competitiveness of European agriculture by reducing price support guarantees and encouraging structural adjustment. The introduction of decoupled direct payments encourages farmers to respond to market signals generated by consumer demand rather than by quantity-related policy incentives. The inclusion of environmental, food safety and animal health and welfare standards in cross-compliance reinforces consumer confidence and increases the environmental sustainability of farming. 2.3. Rural development 2007 to 2013 The future rural development policy focuses on three key areas: the agrifood economy, the environment and the broader rural economy and population. The new generation of rural development strategies and programmes will be built around four axes, namely: axis 1, on improving the competitiveness of the agricultural and forestry sector; axis 2, on improving the environment and the countryside; axis 3, on the quality of life in rural areas and diversification of the rural economy; and axis 4, on Leader. Under axis 1, a range of measures will target human and physical capital in the agriculture, food and forestry sectors (promoting knowledge transfer and innovation) and quality production. Axis 2 provides measures to protect and enhance natural resources, as well as preserving highnature value farming and forestry systems and cultural landscapes in Europe’s rural areas. Axis 3 helps to develop local infrastructure and human capital in rural areas to improve the conditions for growth and job creation in all sectors and the diversification of economic activities. Axis 4, based on the Leader experience, introduces possibilities for innovative governance through locally based, bottom-up approaches to rural development. 2.4. Meeting the challenges Rural areas are characterised by a very large diversity of situations, ranging from remote rural areas suffering from depopulation and decline to peri-urban areas under increasing pressure from urban centres. According to the OECD definition, which is based on population density, rural regions (2) account for 92 % of EU territory. Furthermore, 19 % of the population live in predominantly rural regions and 37 % in significantly rural regions. These regions generate 45 % of Gross Value Added (GVA) in the EU and provide 53 % of the employment, but tend to lag behind non-rural areas as regards a number of socioeconomic indicators, including structural indicators. In rural areas, per capita income is around a third less (3), activity rates for women are lower, the service sector is less developed, higher education levels are generally lower, and a smaller percentage of households has access to broadband internet. Remoteness and peripherality are major problems in some rural regions. These disadvantages tend to be even more significant in predominantly rural regions, although the general picture at EU level can vary substantially between Member States. Lack of opportunities, contacts and training infrastructure are a particular problem for women and young people in remote rural areas. Enlargement has changed the agricultural map. In the old Member States agriculture accounts for 2 % of GDP, in the new Member States for 3 % and in Romania and Bulgaria for more than 10 %. In the new Member States the employment share of agriculture is three times higher (12 %) than in the old Member States (4 %). In Bulgaria and Romania agricultural employment levels are considerably higher. The combined agricultural and food sector forms an important part of the EU economy, accounting for 15 million jobs (8,3 % of total employment) and 4,4 % of GDP. The EU is the world’s largest producer of food and beverages, with combined production estimated at EUR 675 billion. However, the sector remains highly polarised and fragmented in terms of size, with significant opportunities and threats for firms. Forestry and related industries employ around 3,4 million people with a turnover of EUR 350 billion, but only 60 % of annual forest growth is currently exploited. Agriculture and forestry represent 77 % of land use in the EU. The environmental performance of agriculture in the preservation and enhancement of natural resources in recent years has been mixed. As regards water quality, total nitrogen surplus has declined slightly since 1990 in most of the old Member States, although some countries and regions still experience significant nutrient leaching pressures. Problems of ammonia emissions, eutrophication, soil degradation and decline in biodiversity persist in many areas. However, an increasing share of agricultural area is devoted to organic production (5,4 million hectares in the EU) and renewable resources (an estimated 1,4 million hectares was used for bioenergy production in 2004, of which 0,3 million hectares under the energy crop premium and 0,6 million hectares on set-aside land). Long-term trends in climate change will increasingly shape farming and forestry patterns. There have been advances in the protection of biodiversity with the implementation of Natura 2000 — around 12-13 % of agricultural and forestry area has been designated. High nature value farming systems play an important role in preserving biodiversity and habitats, as well as in landscape protection and soil quality. In most Member States, these farming systems account for between 10 % and 30 % of the agricultural area. In some areas the abandonment of farming could engender serious environmental risks. Rural areas therefore face particular challenges as regards growth, jobs and sustainability in the coming years. But they offer real opportunities in terms of their potential for growth in new sectors, the provision of rural amenities and tourism, their attractiveness as a place in which to live and work, and their role as a reservoir of natural resources and highly valued landscapes. The agricultural and food sectors must seize the opportunities offered by new approaches, technologies and innovation to meet evolving market demand both in Europe and globally. Above all, investment in the key resource of human capital will allow rural areas and the agrifood sector to look to the future with confidence. On the occasion of the relaunch of the Lisbon strategy, the European Council has reaffirmed that the Lisbon strategy is to be seen in the wider context of sustainable development requirement that present needs must be met without compromising the ability of future generations to meet their own needs (4). The new programming period provides a unique opportunity to refocus support from the new EAFRD on growth, jobs and sustainability. In this respect, it is fully in line with the Declaration on the Guiding Principles for Sustainable Development (5) and the renewed Lisbon Action Programme which seeks to target resources at making Europe a more attractive place in which to invest and work, promoting knowledge and innovation for growth and creating more and better jobs. Rural development policy must help rural areas meet these objectives in the period 2007 to 2013. This requires a more strategic approach to competitiveness, job creation and innovation in rural areas and improved governance in the delivery of programmes. There must be an increased focus on forward-looking investments in people, know-how and capital in the farm and forestry sectors, on new ways of delivering win-win environmental services and on creating more and better jobs through diversification, particularly for women and young people. By helping the EU’s rural areas to fulfil their potential as attractive places in which to invest, work and live, rural development policy can play its part in the sustainable development of Europe’s territory. 3. SETTING THE COMMUNITY’S PRIORITIES FOR THE RURAL DEVELOPMENT PROGRAMMING PERIOD 2007 TO 2013 Within the framework of the objectives established in Regulation (EC) No 1698/2005, the strategic guidelines set out below identify priorities for the Community in accordance with Article 9 thereof. The guidelines aim at the integration of major policy priorities as spelt out in the conclusions of the Lisbon and Göteborg European Councils. For each set of priorities, illustrative key actions are presented. On the basis of these strategic guidelines, each Member State will prepare its national strategy plan as the reference framework for the preparation of rural development programmes. The resources devoted to the Community rural development priorities (within the regulatory minimum funding limits for each axis) will depend on the specific situation, strengths, weaknesses and opportunities of each programme area. Each of the Community priorities, and their contribution to the Lisbon and Göteborg objectives, will need to be reflected at Member State level in the national strategy plan and the rural development programmes. In many cases, there will be national or regional priorities for specific problems related to the agrifood chain or the environmental, climatic and geographical situation of agriculture and forestry. Rural areas may have to deal with other specific issues such as peri-urban pressure, unemployment, remoteness or low population density. 3.1. Improving the competitiveness of the agricultural and forestry sector Community strategic guideline Europe’s agricultural, forestry and food-processing sectors have great potential to further develop high-quality and value-added products that meet the diverse and growing demand of Europe’s consumers and world markets. The resources devoted to axis 1 should contribute to a strong and dynamic European agrifood sector by focusing on the priorities of knowledge transfer, modernisation, innovation and quality in the food chain, and on priority sectors for investment in physical and human capital. In order to meet these priorities, Member States are encouraged to focus support on key actions. Such key actions could include: (i) restructuring and modernisation of the agriculture sector, which continue to play an important role in the development of many rural areas, particularly in the new Member States. Successful agricultural adjustment can be the key to improving the competitiveness and environmental sustainability of the agricultural sector and boosting jobs and growth in related areas of the economy. This includes promoting the anticipation of change within the agricultural sector in the context of restructuring and modernisation and developing a proactive approach to training and retraining farmers, particularly as regards transferable skills; (ii) improving integration in the agrifood chain. Europe’s food industry is one of the world’s most competitive and innovative, but it is facing increasing global competition. There is considerable scope in the rural economy to create and market new products, to retain more value in rural areas through quality schemes and to raise the profile of European products overseas. The use of advisory services and support to meet Community standards will contribute to this integration process. A market-oriented agricultural sector will help further consolidate the position of Europe’s agrifood sector as a major employer and source of economic growth; (iii) facilitating innovation and access to research and development (R & D). Innovation is increasingly important for Europe’s farming, agrifood and forestry sectors. While Europe’s large agrifood companies are often at the cutting edge of new trends, the introduction of new products and processes could significantly contribute to the performance of smaller processors and farm businesses. In particular, new forms of cooperation could facilitate access to R & D, innovation and actions undertaken under the Seventh Framework Programme (6); (iv) encouraging the take-up and diffusion of information and communications technologies (ICT). The agrifood sector as a whole has been identified as lagging behind in the take-up of ICT technologies. This is particularly the case for smaller businesses. Adoption of e-business applications is still at a low level outside of large multinationals and their larger suppliers. Rural development funds should complement future Commission initiatives such as i2010 in the fields of e-business (particularly in relation to small and medium-sized enterprises), e-skills and e-learning; (v) fostering dynamic entrepreneurship. The recent reforms have created a market-oriented environment for European farming. This brings new opportunities for farm businesses. But the realisation of this economic potential will depend on the development of strategic and organisational skills. Encouraging the entry of young farmers into the profession can play an important role in this respect; (vi) developing new outlets for agricultural and forestry products. New outlets can offer higher value added, in particular for quality products. Support for investment and training in the field of non-food production under rural development can complement measures taken under the first pillar by creating innovative new outlets for production or helping the development of renewable energy materials, biofuels and processing capacity; (vii) improving the environmental performance of farms and forestry. Long-term sustainability will depend on the ability to produce products that consumers wish to buy, while achieving high environmental standards. Investing in increased environmental performance can also lead to efficiency gains in production, creating a win-win situation. To enhance generational renewal in agriculture, combinations of measures available under axis 1, tailored to the needs of young farmers, may be considered. 3.2. Improving the environment and the countryside Community strategic guideline To protect and enhance the EU’s natural resources and landscapes in rural areas, the resources devoted to axis 2 should contribute to three EU-level priority areas: biodiversity and the preservation and development of high nature value farming and forestry systems and traditional agricultural landscapes; water; and climate change. The measures available under axis 2 should be used to integrate these environmental objectives and contribute to the implementation of the agricultural and forestry Natura 2000 network, to the Göteborg commitment to reverse biodiversity decline by 2010, to the objectives laid down in Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (7), and to the Kyoto Protocol targets for climate change mitigation. In order to meet these priorities, Member States are encouraged to focus support on key actions. Such key actions could include: (i) promoting environmental services and animal-friendly farming practices. European citizens expect farmers to respect mandatory standards. But many also agree that farmers should be remunerated for signing up to commitments which go further, delivering services that the market will not provide alone, particularly when focused on specific resources of particular importance in the context of agriculture and forestry, such as water and soil; (ii) preserving the farmed landscape and forests. In Europe, much of the valued rural environment is the product of agriculture. Sustainable land management practices can help reduce risks linked to abandonment, desertification and forest fires, particularly in less-favoured areas. Appropriate farming systems help to preserve landscapes and habitats ranging from wetlands to dry meadows and mountain pastures. In many areas, this is an important part of the cultural and natural heritage and of the overall attractiveness of rural areas as places in which to live and work; (iii) combating climate change. Agriculture and forestry are at the forefront of the development of renewable energy and material sources for bioenergy installations. Appropriate agricultural and forestry practices can contribute to the reduction in greenhouse gas emissions and preservation of the carbon sink effect and organic matter in soil composition, and can also help in adapting to the impacts of climate change; (iv) consolidating the contribution of organic farming. Organic farming represents a holistic approach to sustainable agriculture. In this respect, its contribution to environmental and animal welfare objectives could be further reinforced; (v) encouraging environmental/economic win-win initiatives. The provision of environmental goods, particularly through agri-environmental measures, can contribute to the identity of rural areas and their food products. They can form a basis for growth and jobs provided through tourism and the provision of rural amenities, particularly when linked to diversification into tourism, crafts, training or the non-food sector; (vi) promoting territorial balance. Rural development programmes can make a vital contribution to the attractiveness of rural areas. They can also help ensure that in a competitive, knowledge-based economy, a sustainable balance between urban and rural areas is maintained. In combination with other programme axes, land management measures can make a positive contribution to the spatial distribution of economic activity and territorial cohesion. 3.3. Improving the quality of life in rural areas and encouraging diversification of the rural economy Community strategic guideline The resources devoted to the fields of diversification of the rural economy and quality of life in rural areas under axis 3 should contribute to the overarching priority of the creation of employment opportunities and conditions for growth. The range of measures available under axis 3 should in particular be used to promote capacity building, skills acquisition and organisation for local strategy development and also help ensure that rural areas remain attractive for future generations. In promoting training, information and entrepreneurship, the particular needs of women, young people and older workers should be considered. In order to meet these priorities, Member States are encouraged to focus support on key actions. Such key actions could include: (i) raising economic activity and employment rates in the wider rural economy. Diversification is necessary for growth, employment and sustainable development in rural areas, and thereby contributes to a better territorial balance in both economic and social terms. Tourism, crafts and the provision of rural amenities are growth sectors in many regions and offer opportunities both for on-farm diversification outside agriculture and the development of micro-businesses in the broader rural economy; (ii) encouraging the entry of women into the labour market. In many rural areas inadequate childcare provision creates specific barriers. Local initiatives to develop childcare facilities can facilitate access to the labour market. This can include the development of childcare infrastructure, potentially in combination with initiatives to encourage the creation of small businesses related to rural activities and local services; (iii) putting the heart back into villages. Integrated initiatives combining diversification, business creation, investment in cultural heritage, infrastructure for local services and renovation can contribute to improving both economic prospects and quality of life; (iv) developing micro-business and crafts, which can build on traditional skills or introduce new competencies, particularly when combined with purchase of equipment, training and coaching, thus helping to promote entrepreneurship and develop the economic fabric; (v) training young people in skills needed for the diversification of the local economy, which can tap into demand for tourism, recreation, environmental services, traditional rural practices and quality products; (vi) encouraging the take-up and diffusion of ICT. The take-up and diffusion of ICT is essential in rural areas for diversification, as well as for local development, the provision of local services and the promotion of e-inclusion. Economies of scale can be achieved through village ICT initiatives combining IT equipment, networking and e-skills training through community structures. Such initiatives can greatly facilitate IT take-up by local farms and rural businesses and the adoption of e-business and e-commerce. Full advantage needs to be taken of the possibilities afforded by the internet and broadband communications, supported for example by regional programmes under the Structural Funds, to overcome the disadvantages of location; (vii) developing the provision and innovative use of renewable energy sources, which can contribute to creating new outlets for agricultural and forestry products, the provision of local services and the diversification of the rural economy; (viii) encouraging the development of tourism. Tourism is a major growth sector in many rural areas and can build on cultural and natural heritage. Increased use of ICT in tourism for bookings, promotion, marketing, service design and recreational activities can help improve visitor numbers and lengths of stays, particularly where this provides links to smaller facilities and encourages agri-tourism; (ix) upgrading local infrastructure, particularly in the new Member States. Significant investment will be undertaken in major telecommunications, transport, energy and water infrastructure over the coming years. Considerable support will be available from the Structural Funds, ranging from trans-European networks to the development of connections to business or science parks. For the multiplier effect to be fully realised in terms of jobs and growth, small-scale local infrastructure, supported within rural development programmes, can play a vital role in connecting these major investments to local strategies for the diversification and development of agricultural and food-sector potential. 3.4. Building local capacity for employment and diversification Community strategic guideline The resources devoted to axis 4 (Leader) should contribute to the priorities of axes 1 and 2, and in particular of axis 3, but also play an important role in the horizontal priority of improving governance and mobilising the endogenous development potential of rural areas. Support under axis 4 offers the possibility, in the context of a community-led local development strategy building on local needs and strengths, to combine all three objectives — competitiveness, environment and quality of life/diversification. Integrated approaches involving farmers, foresters and other rural actors can safeguard and enhance the local natural and cultural heritage, raise environmental awareness, and invest in and promote specialty products, tourism and renewable resources and energy. In order to meet these priorities, Member States are encouraged to focus support on key actions. Such key actions could include: (i) building local partnership capacity, animation and promoting skills acquisition, which can help mobilise local potential; (ii) promoting private-public partnership. In particular, Leader will continue to play an important role in encouraging innovative approaches to rural development and bringing the private and public sectors together; (iii) promoting cooperation and innovation. Local initiatives such as Leader and support for diversification can play an essential role in connecting people to new ideas and approaches, encouraging innovation and entrepreneurship, and can promote inclusiveness and the provision of local services. On-line communities can help in the dissemination of knowledge, the exchange of good practices and innovation in rural products and services; (iv) improving local governance. Leader can help foster innovative approaches to linking agriculture, forestry and the local economy, thereby helping to diversify the economic base and strengthen the socioeconomic fabric of rural areas. 3.5. Ensuring consistency in programming Community strategic guideline In working out their national strategies, Member States should ensure that synergies between and within the axes are maximised and potential contradictions avoided. Where appropriate, they may develop integrated approaches. They will also wish to reflect on how to take into account other EU-level strategies, such as the Action Plan for Organic Food and Farming, the commitment to increased use of renewable energy resources (8), the need to develop a medium- and long-term EU strategy to combat climate change (9), and the need to anticipate the likely effects on farming and forestry, the EU Forestry Strategy and Action Plan (which can help deliver on both the growth and employment and the sustainability objectives) and the priorities set out in the Sixth Community Environment Action Programme laid down by Decision No 1600/2002/EC of the European Parliament and of the Council (10), particularly those priorities identified as requiring thematic environmental strategies (soil protection, protection and conservation of the marine environment, the sustainable use of pesticides, air pollution, urban environment, the sustainable use of resources, and waste recycling). Several means are available at EU and Member State level to improve governance and policy delivery. Technical assistance can be used to build up European and national networks for rural development, as a platform for exchange of best practice and expertise on all aspects of policy design, management and implementation between stakeholders. Information and publicity to ensure early involvement of the different actors will need to be considered in the preparation of the national strategies and worked out for the later stages of implementation. 3.6. Complementarity between Community instruments Community strategic guideline The synergy between structural, employment and rural development policies needs to be encouraged. In this context, Member States should ensure complementarity and coherence between actions to be financed by the European Regional Development Fund, the Cohesion Fund, the European Social Fund, the European Fisheries Fund and the EAFRD on a given territory and in a given field of activity. The main guiding principles as regards the demarcation line and the coordination mechanisms between actions supported by the different funds should be defined in the national strategic reference framework and the national strategy plan. For infrastructure investments, the scale of intervention could be a guiding principle. For example, for investments in transport and other infrastructure at Member State, regional or subregional level, cohesion policy instruments would be used, while at the local level the basic services measure under axis 3 could be used, ensuring the link between local and regional levels. As regards the development of human capital, support under rural development would target farmers and the economic actors involved in the diversification of the rural economy. The population of rural areas could receive support as part of an integrated, bottom-up approach. Actions in these fields should be implemented in full compliance with the objectives of the European Employment Strategy, as set out in the Integrated Guidelines for Growth and Jobs, and coherent with the actions taken under the national reform programmes in the framework of the Lisbon process. The Education and Training 2010 work programme seeks to achieve the education and the training side of the Lisbon goals. Lifelong learning is at the heart of this programme and applies to all levels and types of education and training, including the agricultural, forestry and agrifood sectors. 4. THE REPORTING SYSTEM Regulation (EC) No 1698/2005 foresees strategic monitoring of the Community and national strategies. The basis for reporting on progress will be the common framework for monitoring and evaluation, to be established in cooperation with the Member States. The framework will provide a limited number of common indicators and a common methodology. It will be supplemented by programme-specific indicators to reflect the character of each programme area. A common set of indicators will allow aggregation of outputs, results and impacts at EU level and help assess progress in achieving Community priorities. Baseline indicators defined at the start of the programming period will allow for assessment of the initial situation and form the basis for the development of the programme strategy. Evaluation activities will take place on an ongoing basis, comprising at programme level ex ante, mid-term, and ex post evaluation, as well as other evaluation activity considered useful for improving programme management and impact. These will be accompanied by thematic studies and synthesis evaluations at Community level, as well as by the activities of the European network for rural development as a platform for exchange and capacity building for evaluation in Member States. The exchange of good practices and the sharing of evaluation results can contribute significantly to the effectiveness of rural development. In this respect, the European network should play a central role in facilitating contacts. (1) Presidency conclusions of the European Councils of Luxembourg (12 and 13 December 1997), Berlin (24 and 25 March 1999) and Brussels (24 and 25 October 2002). (2) The OECD definition is based on the share of population living in rural communes (i.e. with less than 150 inhabitants per km2) in a given NUTS III region. See Extended Impact Assessment — SEC(2004) 931. This is the only internationally recognised definition of rural areas. However, in some cases, it does not fully take into account the population living in more densely populated rural areas, particularly in peri-urban zones. In the context of these guidelines, it is used only for statistical and descriptive purposes. (3) As measured by GDP at purchasing power parity. (4) Presidency conclusions of the European Council of Brussels (22 and 23 March 2005). (5) Presidency conclusions of the European Council of Brussels (16 and 17 June 2005). (6) The work of the Standing Committee on Agricultural Research should also be taken into account in this context. (7) OJ L 327, 22.12.2000, p. 1. Directive as amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1). (8) Presidency conclusions of the European Council of Brussels (25 and 26 March 2004). (9) Presidency conclusions of the European Council of Brussels (22 and 23 March 2005). (10) OJ L 242, 10.9.2002, p. 1.

Summary: European Union strategic guidelines for rural development European Union strategic guidelines for rural development With these strategic guidelines the Council identifies the European Union's priorities under the European Agricultural Fund for Rural Development (EAFRD). In particular, it ensures the consistency of rural development with other European policies, in particular in the field of cohesion and environment, and accompany the implementation of the common agricultural policy (CAP) and the restructuring involved. ACT Council Decision 2006/144/EC of 20 February 2006 on Community strategic guidelines for rural development (programming period 2007 to 2013) [See amending act(s)]. SUMMARY Rural regions account for 92 % of the territory of the European Union (EU). These regions generate 45 % of the EU's value added and provide 53 % of employment. Although the situation varies widely, in general income per inhabitant in these regions is around a third less than the European average, activity rates for women are low, and the service sector is less developed. Rural areas therefore face particular challenges as regards growth, jobs and sustainability in the coming years. The new programming period provides an opportunity to refocus support from the new rural development fund on these objectives. Facing these challenges will require sectoral and territorial assistance measures. Rural development and the Union’s overall aims The rural development policy focuses on three key areas: the agri-food economy, the environment and the rural population. The future strategies and programmes will be built around four axes as follows: the "competitiveness for agriculture, food and forestry" axis, targeting human and physical capital; the "land management and environment" axis, providing for measures to protect and enhance natural resources. farming and forestry systems, and the traditional landscapes of Europe's rural areas; the "quality of life and diversification of the rural economy" axis, which helps to develop rural areas by promoting services for the public, micro-enterprises, rural tourism, and development of the cultural heritage; the "Leader" axis, which introduces possibilities for innovative governance through local action strategies. The EU’s priorities for the rural development programming period 2007 - 2013 The Council sets out the EU's strategic priorities, with indicative key actions for each one. The European priorities will be incorporated into the Member States' national strategy plans and rural development programmes. Priority 1: Improving the competitiveness of the agricultural and forestry sectors The objective is to make the European agrifood sector more dynamic. In particular, the EU plans to promote knowledge transfer, and innovation, and strengthen investment in physical and human capital. The following could be key actions in this area: restructuring and modernising the agriculture sector; improving integration in the agri-food chain; facilitating innovation and access to research and development (R&D); encouraging the take-up and diffusion of information and communications technologies (ICTs), in particular for small enterprises; fostering dynamic entrepreneurship, taking advantage of the opportunities provided by the recent reforms, which have created a market-oriented environment for European farming; creating new outlets for agricultural and forestry products, including the development of renewable energy materials, biofuels and processing capacity; improving the environmental performance of farms and forestry. Priority 2: Improving the environment and countryside The resources allocated to priority 2 aim to protect the EU's natural resources and landscapes in rural areas, particularly in the fields of biodiversity, preserving high-nature value systems, water and climate change. In particular, the Union encourages: promoting environmental services and animal-friendly farming practices; preserving the farmed landscape and forests; combating climate change, agriculture and forestry having a major role to play in the development of renewable energy and material sources for bio-energy installations; organic farming as part of a holistic approach to sustainable agriculture; environmental/economic initiatives such as the provision of environmental goods, particularly when linked to diversification into tourism, crafts, training or the non-food sector; maintaining territorial balance to maintain a sustainable equilibrium between urban and rural areas in order to make a positive contribution to the spatial distribution of economic activity and territorial cohesion. Priority 3: Improving the quality of life in rural areas and encouraging diversification of the rural economy The EU plans to promote employment and improving the conditions for growth in rural areas. Key actions in this field could include: raising economic activity and employment rates in the wider rural economy and creating a better territorial balance, both in economic and social terms (tourism, crafts and the provision of rural amenities); encouraging the entry of women into the labour market by creating child-care infrastructure; putting the heart back into villages by means of integrated initiatives combining diversification, business creation, investment in cultural heritage, infrastructure for local services and renovation; developing micro-business and crafts, which can build on traditional skills or introduce new competencies, helping to promote entrepreneurship and develop the economic fabric; training young people in skills needed for the diversification of the local economy; encouraging the take-up and diffusion of ICT, the use of which will also enable economies of scale to be achieved, facilitating IT take-up by local farms and rural businesses and the adoption of e-business and e-commerce; developing the provision and innovative use of renewable energy sources, which can contribute to creating new outlets for agricultural and forestry products, the provision of local services and the diversification of the rural economy; encouraging the development of tourism; upgrading local infrastructure (major telecommunications, transport, energy and water infrastructure), particularly in the new Member States. Priority 4: Building local capacity for employment and diversification The resources allocated to the Leader axis should contribute to improving governance and mobilising the endogenous development potential of rural areas. This involves a horizontal approach combining all three objectives - competitiveness, environment and quality of life/diversification. Key actions in this area could include: building local partnership capacity, animation and promoting skills acquisition, which can help to mobilise local potential; promoting private-public partnership; promoting cooperation and innovation, encouraging entrepreneurship and promoting inclusiveness and the provision of local services; improving local governance by developing links between agriculture, forestry and the local economy. Priority 5: Ensuring consistency in programming When drawing up their national plans, the Member States are required to ensure that synergies between the axes are maximised and potential contradictions avoided. Furthermore, the EU offers a framework for improving the governance and implementation of policies, in particular by creating national and European networks. These networks promote, for example, the exchange of good practice and experience regarding developing and managing rural policies. Priority 6: Complementarity between European instruments To ensure synergy between structural, employment and rural development policies, the Member States should ensure complementarity and coherence between actions to be financed by the ERDF, the Cohesion Fund, the ESF and the EFF on a given territory and in a given field of activity. The demarcation line and the coordination mechanisms between actions supported by the various Funds are defined in the national strategy plan. Meeting new challenges This Decision was amended in 2009 in order to integrate into the strategic guidelines the new challenges facing the Union: combating climate change; promoting renewable energies; water management; protecting biodiversity; re-structuring the dairy industry. These objectives have a cross-cutting dimension and can therefore be integrated into the priorities of the Member States’ national strategy plans. For example, the EU encourages the Member States to: integrate these issues into the local strategies for developing rural areas; support innovation in these areas; adopt agri-environmental and forestry measures for strengthening biodiversity; support local projects related to renewable energy; support investment in equipment which enables energy and water to be saved. References Act Entry into force Deadline for transposition in the Member States Official Journal Council Decision 2006/144/EC 20.2.2006 - OJ L 55, 25.2.2006 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Council Decision 2009/61/CE 19.1.2009 - OJ L 30, 31.1.2009 RELATED ACTS Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)[Official Journal L 277 of 21.10.2005] This Regulation creates one single instrument for funding rural development policy: the European Agricultural Fund for Rural Development (EAFRD). Last updated: 30.06.2011


8.10.2008 EN Official Journal of the European Union L 267/8 COUNCIL DIRECTIVE 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1), Whereas: (1) Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity. (2) Fruit production occupies an important place in the agriculture of the Community. (3) 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. (4) Harmonised conditions at Community level ensure that purchasers throughout the Community receive propagating material and fruit plants which are healthy and of good quality. (5) In so far as they relate to plant health, such harmonised conditions must be consistent with Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (4). (6) It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material and/or fruit plants there is a substantial market which covers more than one Member State. (7) Without prejudice to the plant health provisions of Directive 2000/29/EC, 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. (8) In the interest of clarity the necessary definitions should be established. Those definitions should be based on technical and scientific progress and cover the term concerned in a complete and clear manner, in order to facilitate the harmonisation of the internal market taking into account all new opportunities of the market and all new processes used for the production of propagating material. Those definitions should be harmonised with those adopted for the marketing of other propagating material covered by Community legislation. (9) It is desirable to establish plant health and quality standards for each genus and species of fruit plant based on international schemes which may include, inter alia, provisions for pathogen testing. It is appropriate to provide, therefore, for a system of harmonised rules for the different categories of propagating material and fruit plants to be marketed by reference to those international schemes, where available. (10) It is consistent with current agricultural practice to require that propagating material and fruit plants are either officially examined or examined under official supervision as foreseen for other species covered by Community legislation. (11) Genetically modified propagating material and fruit plants should not be placed on the market and fruit varieties should not be officially registered unless all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms (5) and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (6). (12) It is desirable to ensure that genetic diversity is preserved and used in a sustainable way. Appropriate biodiversity conservation measures to guarantee the conservation of existing varieties should be taken in line with other relevant Community legislation. (13) It is appropriate to establish conditions for the marketing of material intended for trials, scientific purposes or selection work if this material cannot fulfil the normal plant health and quality standards due to the particular use. (14) 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. It is appropriate to define the role of the suppliers and the conditions to which they are to refer. Suppliers should be officially registered in order to create a transparent and economically valid process of certification of propagating material and fruit plants. (15) Suppliers marketing only to non-professional final consumers may be exempted from the obligation of registration. (16) 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 to permit the traceability of the system and to increase the confidence on the market. (17) That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules. (18) In order to ensure the identity and orderly marketing of propagating material and fruit plants, Community rules should be laid down concerning the separation of lots and marking. The labels should give the particulars needed both for official control and for the information of the user. (19) The competent authorities of the Member States should, when carrying out controls and inspections, ensure that conditions with regard to propagating material or fruit plants and suppliers are fulfilled. The level, intensity and frequency of such inspections should be determined taking account of the category of material concerned. (20) Community control measures should be provided for to ensure uniform application in all the Member States of the standards laid down in this Directive. (21) Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire and gales or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions. (22) In accordance with the principle of proportionality, provision should be made to allow Member States to exempt small producers all of whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production (local circulation) from the conditions on labelling and from the checks and official inspections. (23) Member States should be prohibited in the case of the genera and species referred to in Annex I from imposing new conditions or restrictions to the market other than those provided for in this Directive. (24) Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules. (25) In order to harmonise the technical methods of examination used in the Member States and to compare propagating material and fruit plants produced in the Community with those produced in third countries, comparative trials should be carried out to check compliance of such products with the requirements of this Directive. (26) In order to avoid any disruption of trade, Member States should be allowed to authorise the marketing in their own territory of certified and CAC (Conformitas Agraria Communitatis) material taken from parent plants in existence and already certified or accepted as CAC material at the date of application of this Directive for a transitional period even if that material does not fulfil the new conditions. (27) The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (7). (28) This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex II, Part B, HAS ADOPTED THIS DIRECTIVE: CHAPTER 1 SCOPE AND DEFINITIONS Article 1 Scope 1. This Directive shall apply to the marketing of fruit plant propagating material and fruit plants intended for fruit production within the Community. 2. This Directive shall apply to the genera and species listed in Annex I as well as to their hybrids. It shall also apply to rootstocks and other parts of plants of other genera or species than those listed in Annex I or their hybrids, if material of genera or species listed in Annex I or their hybrids is grafted or is to be grafted onto them. 3. This Directive shall apply without prejudice to the plant health rules laid down by Directive 2000/29/EC. 4. This Directive shall not apply to propagating material or fruit plants shown to be intended for export to third countries, provided they are identified as such and kept sufficiently isolated. Implementing measures for the first subparagraph, with particular reference to identification and isolation, shall be adopted in accordance with the procedure referred to in Article 19(2). Article 2 Definitions For the purposes of this Directive, the following definitions shall apply: 1. ‘propagating material’ means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants; 2. ‘fruit plants’ means plants intended to be planted or replanted, after marketing; 3. ‘variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which can be: (a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes; (b) distinguished from any other plant grouping by the expression of at least one of the said characteristics; and (c) considered as an entity in view of its ability to be propagated unchanged; 4. ‘clone’ means the vegetative genetically uniform progeny of a single plant; 5. ‘pre-basic material’ means propagating material which: (a) has been produced, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases; (b) is intended for the production of basic material or certified material other than fruit plants; (c) satisfies the specific requirements for pre-basic material established pursuant to Article 4; and (d) has been found by official inspection to satisfy the conditions in (a), (b) and (c); 6. ‘basic material’ means propagating material which: (a) has been produced either directly or in a known number of stages in a vegetative way from pre-basic material, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases; (b) is intended for the production of certified material; (c) satisfies the specific requirements for basic material, established pursuant to Article 4; and (d) has been found by official inspection to satisfy the conditions in (a), (b) and (c); 7. ‘certified material’ means: (a) propagating material which: (i) has been produced directly in a vegetative way from basic material or pre-basic material or, if intended to be used for the production of rootstocks, by certified seeds from basic or certified material of rootstocks; (ii) is intended for the production of fruit plants; (iii) satisfies the specific requirements for certified material, established pursuant to Article 4; and (iv) has been found by official inspection to satisfy the conditions in (i), (ii) and (iii); (b) fruit plants which: (i) have been produced directly from certified, basic or pre-basic propagating material; (ii) are intended for the production of fruits; (iii) satisfy the specific requirements for certified material, established pursuant to Article 4; and (iv) have been found by official inspection to satisfy the conditions in (i), (ii) and (iii); 8. ‘CAC (Conformitas Agraria Communitatis) material’ means propagating material and fruit plants which: (a) have varietal identity and adequate varietal purity; (b) are intended for: — the production of propagating material, — the production of fruit plants, and/or — the production of fruits; (c) satisfy the specific requirements for CAC material established pursuant to Article 4; 9. ‘supplier’ means any natural or legal person carrying out professionally at least one of the following activities with regard to propagating material or fruit plants: reproducing, producing, preserving and/or treating, importing and marketing; 10. ‘marketing’ means the sale, holding with a view to sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration; 11. ‘responsible official body’ means: (a) an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning the quality of propagating material and fruit plants; (b) any State authority established: — either at national level, or — at regional level, under the supervision of the national authorities, within the limits set by the national legislation of the Member State concerned; 12. ‘official inspection’ means inspection carried out by the responsible official body or under the responsibility of the responsible official body; 13. ‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition and origin. CHAPTER 2 REQUIREMENTS FOR PROPAGATING MATERIAL AND FRUIT PLANTS Article 3 General requirements for placing on the market 1. Propagating material and fruit plants may only be marketed if: (a) the propagating material has been officially certified as ‘pre-basic material’, ‘basic material’ or ‘certified material’ or if it meets the conditions to be qualified as CAC material; (b) the fruit plants have been officially certified as certified material or they meet the conditions to be qualified as CAC material. 2. Propagating material and fruit plants which consist of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC shall be placed on the market only if the genetically modified organism has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003. 3. Where products derived from fruit plants or propagating material are intended to be used as or in food falling within the scope of Article 3 or as or in a feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003, the propagating material and fruit plants concerned shall be placed on the market only if the food or the feed derived from this material has been authorised pursuant to that Regulation. 4. Notwithstanding paragraph 1, Member States may authorise suppliers on their own territory to place on the market appropriate quantities of propagating material and fruit plants intended: (a) for trials or scientific purposes; (b) for selection work; or (c) to help preserve genetic diversity. The conditions under which Member States may grant such authorisation may be adopted in accordance with the procedure referred to in Article 19(2). Article 4 Specific requirements for genus and species In accordance with the procedure referred to in Article 19(3), specific requirements for each genus or species referred to in Annex I shall be established, specifying: (a) the conditions with which CAC material must comply, in particular those relating to the propagation system applied, to the purity of the growing crop, plant health, and, except in the case of rootstocks, where the material does not belong to a variety, to varietal aspects; (b) the conditions with which pre-basic, basic and certified material must comply, relating to quality (including, for pre-basic and basic material, methods for the maintenance of the identity of the variety and, where applicable, of the clone, including the relevant pomological characteristics), plant health, the testing methods and procedures applied, the propagation system(s) applied and, except in the case of rootstocks where the material does not belong to a variety, to varietal aspects; (c) the conditions with which rootstocks and other parts of plants of genera or species other than those listed in Annex I, or their hybrids, must comply if propagating material of the genus or species listed in Annex I or their hybrids is grafted onto them. CHAPTER 3 REQUIREMENTS TO BE MET BY SUPPLIERS Article 5 Registration 1. Member States shall ensure that suppliers are officially registered in relation to the activities which they carry out under this Directive. 2. Member States may decide not to apply paragraph 1 to suppliers marketing only to non-professional final consumers. 3. Detailed rules for the application of paragraphs 1 and 2 may be established in accordance with the procedure referred to in Article 19(2). Article 6 Specific requirements 1. Member States shall ensure that pre-basic, basic, certified material as well as CAC material is produced under the responsibility of suppliers that are engaged in the production or reproduction of propagating material and fruit plants. To this effect, those suppliers shall: — identify and monitor critical points in their production process which influence the quality of the material, — keep information on the monitoring referred to in the first indent available for examination when requested by the responsible official body, — take samples where necessary for analysis in a laboratory, and — ensure that, during production, lots of propagating material remain separately identifiable. 2. Member States shall ensure that in the case of the appearance, on the premises of a supplier, of a harmful organism listed in the Annexes to Directive 2000/29/EC or referred to in the specific requirements established pursuant to Article 4 of this Directive at a level higher than the level allowed in these specific requirements, the supplier reports it to the responsible official body without delays, notwithstanding any reporting obligations under Directive 2000/29/EC and carries out any measures imposed by that body. 3. Member States shall ensure that suppliers shall keep records of their sales or purchases for at least 3 years when propagating material or fruit plants are marketed. The first subparagraph shall not apply to suppliers who are exempted from registration in accordance with Article 5(2). 4. Detailed rules for the application of paragraph 1 may be established in accordance with the procedure referred to in Article 19(2). CHAPTER 4 VARIETY IDENTIFICATION AND LABELLING Article 7 Variety identification 1. Propagating material and fruit plants shall be marketed with a reference to the variety to which they belong. Where, in the case of rootstocks, the material does not belong to a variety, reference shall be made to the species or interspecific hybrid concerned. 2. The varieties to which reference is to be made pursuant to paragraph 1 shall be: (a) legally protected by a plant variety right in accordance with provisions on the protection of new varieties; (b) officially registered pursuant to paragraph 4 of this Article; or (c) commonly known; a variety is considered to be commonly known if: (i) it has been officially registered in another Member State; (ii) it is the subject of an application for official registration in any Member State, or of an application for a plant variety right referred to in point (a); or (iii) it has been already marketed before 30 September 2012 in the territory of the Member State concerned or of another Member State, provided that it has an officially recognised description. A reference pursuant to paragraph 1 may also be made to a variety of no intrinsic value for commercial crop production provided that the variety has an officially recognised description and the propagating material and fruit plants are marketed as CAC material in the territory of the Member State concerned and are identified by a reference to this provision on the label and/or document. 3. As far as possible, each variety shall bear the same denomination in all the Member States, in accordance with implementing measures which may be adopted in accordance with the procedure referred to in Article 19(2) or, in their absence, in accordance with accepted international guidelines. 4. Varieties may be officially registered if they have been found to satisfy certain officially approved conditions and have an official description. They may also be officially registered if their material has been already marketed before 30 September 2012 in the territory of the Member State concerned, provided that they have an officially recognised description. A genetically modified variety may be officially registered only if the genetically modified organism of which it consists has been authorised pursuant to Directive 2001/18/EC or pursuant to Regulation (EC) No 1829/2003. Where products derived from fruit plants or propagating material are intended to be used as or in food falling within the scope of Article 3 or as or in a feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003, the variety concerned shall be officially registered only if the food or feed derived from this material has been authorised pursuant to that Regulation. 5. Requirements for the official registration referred to in paragraph 4 shall be established in accordance with the procedure referred to in Article 19(2), taking into account current scientific and technical knowledge and covering: (a) the conditions of official registration, which may include, in particular, distinctness, stability and sufficient uniformity; (b) the characteristics which as a minimum the examinations of the various species must cover; (c) the minimum requirements for carrying out the examinations; (d) the maximum period of validity of the official registration of a variety. 6. In accordance with the procedure referred to in Article 19(2): — a system for the notification of varieties or species or interspecific hybrids to the responsible official bodies of the Member States may be set up, — it may be decided that a common list of varieties may be established and published. Article 8 Lot composition and identification 1. While growing and during lifting or removal from the parent material, propagating material and fruit plants shall be kept in separate lots. 2. If propagating material and fruit plants of different origins are put together or mixed during packaging, storage, transport or at delivery, the supplier shall keep records including the following data: composition of the lot and origin of its individual components. Article 9 Labelling 1. Propagating material and fruit plants shall be marketed only in sufficiently homogeneous lots and if they are: (a) qualified as CAC material and accompanied by a document made out by the supplier in accordance with the specific requirements established pursuant to Article 4. If an official declaration appears on this document, it shall be clearly separate from all other information in the document; or (b) qualified as pre-basic, basic or certified material, and certified as such by the responsible official body in accordance with the specific requirements established pursuant to Article 4. Requirements in respect of propagating material and/or fruit plants with regard to labelling and/or sealing and packaging may be indicated in implementing measures adopted in accordance with the procedure referred to in Article 19(3). 2. In the case of retail supply of propagating material or fruit plants to a non-professional final consumer, requirements regarding labelling referred to in paragraph 1 may be confined to appropriate product information. 3. In the case of propagating material or a fruit plant of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall identify the genetically modified organisms. CHAPTER 5 EXEMPTIONS Article 10 Local circulation 1. Member States may exempt: (a) from the application of Article 9(1), small producers all of whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production (local circulation); (b) from the checks and official inspections provided for in Article 13, the local circulation of propagating materials and fruit plants produced by such exempt persons. 2. In accordance with the procedure referred to in Article 19(2), implementing measures relating to other requirements concerning the exemptions referred to in paragraph 1 of this Article, in particular as regards the concepts of ‘small producers’ and ‘local market’, and to the related procedures, may be adopted. Article 11 Temporary difficulties in supply In the event of temporary difficulties in the supply of propagating material and fruit plants satisfying the requirements of this Directive due to natural disasters or unforeseen circumstances, measures may be adopted, in accordance with the procedure referred to in Article 19(2), concerning the marketing of propagating material and fruit plants meeting less stringent requirements. CHAPTER 6 PROPAGATING MATERIAL AND FRUIT PLANTS PRODUCED IN THIRD COUNTRIES Article 12 1. In accordance with the procedure referred to in Article 19(2), it shall be decided whether propagating material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, are equivalent in all these respects to propagating material and fruit plants produced in the Community and complying with the requirements and conditions of this Directive. 2. Pending the decision referred to in paragraph 1, Member States may, until 31 December 2010, and without prejudice to the provisions of Directive 2000/29/EC, apply to the import of propagating material and fruit plants from third countries conditions at least equivalent to those indicated, on a temporary or permanent basis, in the specific requirements adopted pursuant to Article 4. If such conditions are not laid down in the specific requirements the conditions for importation must be at least equivalent to those applicable to production in the Member State concerned. In accordance with the procedure referred to in Article 19(2), the date referred to in the first subparagraph of this paragraph may, for the various third countries, be extended pending the decision referred to in paragraph 1 of this Article. Propagating material and fruit plants imported by a Member State in accordance with a decision taken by that Member State pursuant to the first subparagraph shall be subject to no marketing restrictions in the other Member States as regards the matters referred to in paragraph 1. CHAPTER 7 CONTROL MEASURES Article 13 Official inspection 1. Member States shall ensure that propagating material and fruit plants are officially inspected during production and marketing to verify compliance with the requirements and conditions set out in this Directive. To this effect, the responsible official body shall have free access to all parts of premises of suppliers at all reasonable times. 2. The responsible official bodies may, in accordance with their national legislation, delegate the tasks provided for in this Directive to be accomplished under their authority and supervision to any legal person, whether governed by public or private law, which, under its officially approved statute, is charged exclusively with specific public functions, provided that such person, and its members, has no personal interest in the outcome of the measures it takes. In accordance with the procedure referred to in Article 19(2), any other legal persons established on behalf of a responsible official body and acting under the authority and the supervision of such body, may be approved, provided that such person has no personal interest in the outcome of the measures it takes. Member States shall notify the Commission of their responsible official bodies. The Commission shall forward that information to the other Member States. 3. Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure referred to in Article 19(2). These rules shall be proportionate to the category of material concerned. Article 14 Community monitoring 1. Trials, or, where appropriate, tests shall be carried out in the Member States on samples to check that propagating material or fruit plants comply with the requirements and conditions of this Directive, including those relating to plant health. The Commission may organise inspections of the trials by representatives of the Member States and of the Commission. 2. Community comparative tests and trials may be carried out within the Community for the post-control of samples of propagating material or fruit plants placed on the market under the provisions of this Directive whether mandatory or discretionary, including those relating to plant health. The comparative tests and trials may include the following: — propagating material or fruit plants produced in third countries, — propagating material or fruit plants suitable for organic farming, — propagating material or fruit plants marketed in relation to measures for the conservation of genetic diversity. 3. The comparative tests and trials referred to in paragraph 2 shall be used to harmonise the technical methods of examination of propagating material and fruit plants and to check satisfaction of the conditions with which the material must comply. 4. The Commission, acting in accordance with the procedure referred to in Article 19(2), shall make the necessary arrangements for the comparative tests and trials to be carried out. The Commission shall inform the Committee referred to in Article 19(2) about the technical arrangements for holding the tests and trials and the results thereof. When plant health problems occur, the Commission shall notify the Standing Committee on Plant Health. 5. The Community may make a financial contribution to the performance of the tests and trials foreseen in paragraphs 2 and 3. The financial contribution shall not exceed the annual appropriations decided by the budgetary authority. 6. The tests and trials which may benefit from a Community financial contribution, and detailed rules for the provision of the financial contribution, shall be established in accordance with the procedure referred to in Article 19(2). 7. The tests and trials foreseen in paragraphs 2 and 3 may be performed only by State authorities or legal persons acting under the responsibility of the State. Article 15 Community checks in Member States 1. Commission experts may, in cooperation with the responsible official bodies of the Member States, make on-the-spot checks in so far as this is necessary to ensure the uniform application of this Directive, and in particular to verify whether suppliers are in effect complying with the requirements of this Directive. A Member State in whose territory a check is being carried out shall give all necessary assistance to the experts in carrying out their duties. The Commission shall inform the Member States of the result of the investigations. 2. Detailed rules for the application of paragraph 1 shall be adopted in accordance with the procedure referred to in Article 19(2). Article 16 Follow-up actions by Member States 1. Member States shall ensure that propagating material and fruit plants produced in their territory and intended for marketing comply with the requirements of this Directive. 2. If, during the official inspection referred to in Article 13, or the trials referred to in Article 14, it is found that propagating material or fruit plants do not meet the requirements of this Directive, the responsible official body of the Member State shall take appropriate action to ensure that they do comply with the provisions of this Directive or, if that is not possible, to ban the marketing of that propagating material or those fruit plants in the Community. 3. If it is found that propagating material or fruit plants marketed by a particular supplier do not comply with the requirements and conditions of this Directive, the Member State concerned shall ensure that appropriate measures are taken against that supplier. If the supplier is forbidden to market propagating material and fruit plants, the Member State shall accordingly inform the Commission and the competent national bodies in the Member States. 4. Any measures taken under paragraph 3 shall be withdrawn as soon as it has been established with sufficient certainty that the propagating material or fruit plants intended for marketing by the supplier will, in the future, comply with the requirements and conditions of this Directive. CHAPTER 8 GENERAL AND FINAL PROVISIONS Article 17 Free movement clause 1. Propagating material and fruit plants which comply with the requirements and conditions of this Directive shall be subject to no marketing restrictions as regards supplier, plant health, growing medium and inspection arrangements, other than those laid down in this Directive. 2. As regards the propagating material and fruit plants of the genera and species referred to in Annex I, Member States shall refrain from imposing more stringent conditions or marketing restrictions other than those laid down in this Directive or in the specific requirements established pursuant to Article 4 or those existing on 28 April 1992, as the case may be. Article 18 Amendments and adaptation of Annexes The Commission may, in accordance with the procedure referred to in Article 19(3), amend Annex I, for the purpose of adapting it to developments in scientific and technical knowledge. Article 19 Committee 1. The Commission shall be assisted by the Standing Committee on Propagating Material and Plants of Fruit Genera and Species, hereinafter referred to as ‘the Committee’. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. 3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 4. The Committee shall adopt its Rules of Procedure. Article 20 Transposition 1. Member States shall adopt and publish, by 31 March 2010 at the latest, the laws, regulations and administrative provisions necessary to comply with Articles 1(2) and (3), 2, 3, 5, 6, 7(2), (3) and (4), 9(3), 12(2), 13(1), 16, and 21. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. They shall apply those provisions from 30 September 2012. 2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated. 3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. Article 21 Transitional measures Member States may, until 31 December 2018, allow the marketing in their own territory of propagating material and fruit plants taken from parent plants that existed before 30 September 2012 and have been officially certified or meet the conditions to be qualified as CAC material before 31 December 2018. When marketed, such propagating material and fruit plants shall be identified by a reference to this Article on the label and/or document. Beyond 31 December 2018 propagating material and fruit plants may be marketed if the requirements of this Directive are fulfilled. Article 22 Repeal 1. Directive 92/34/EEC, as amended by the acts listed in Annex II, Part A, is repealed with effect from 30 September 2012, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law and application of the Directives set out in Annex II, Part B. 2. References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III. Article 23 Entry into force This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union. Article 24 This Directive is addressed to the Member States. Done at Brussels, 29 September 2008. For the Council The President M. BARNIER (1) Opinion delivered on 11 December 2007 (not yet published in the Official Journal). (2) OJ L 157, 10.6.1992, p. 10. (3) See Annex II, Part A. (4) OJ L 169, 10.7.2000, p. 1. (5) OJ L 106, 17.4.2001, p. 1. (6) OJ L 268, 18.10.2003, p. 1. (7) OJ L 184, 17.7.1999, p. 23. ANNEX I List of genera and species to which this Directive applies Castanea sativa Mill. Citrus L. Corylus avellana L. Cydonia oblonga Mill. Ficus carica L. Fortunella Swingle Fragaria L. Juglans regia L. Malus Mill. Olea europaea L. Pistacia vera L. Poncirus Raf. Prunus amygdalus Batsch Prunus armeniaca L. Prunus avium (L.) L. Prunus cerasus L. Prunus domestica L. Prunus persica (L.) Batsch Prunus salicina Lindley Pyrus L. Ribes L. Rubus L. Vaccinium L. ANNEX II PART A Repealed Directive with its successive amendments (referred to in Article 22) Council Directive 92/34/EEC (OJ L 157, 10.6.1992, p. 10). Commission Decision 93/401/EEC (OJ L 177, 21.7.1993, p. 28). Commission Decision 94/150/EC (OJ L 66, 10.3.1994, p. 31). Commission Decision 95/26/EC (OJ L 36, 16.2.1995, p. 36). Commission Decision 97/110/EC (OJ L 39, 8.2.1997, p. 22). Commission Decision 1999/30/EC (OJ L 8, 14.1.1999, p. 30). Commission Decision 2002/112/EC (OJ L 41, 13.2.2002, p. 44). Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). Only point 7 of Annex II and point 28 of Annex III Council Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23). Only Article 1(5) Commission Directive 2003/111/EC (OJ L 311, 27.11.2003, p. 12). Commission Decision 2005/54/EC (OJ L 22, 26.1.2005, p. 16). Commission Decision 2007/776/EC (OJ L 312, 30.11.2007, p. 48) PART B List of time limits for transposition into national law and application (referred to in Article 22) Directive Time limit for transposition Date of application 92/34/EEC 31 December 1992 31 December 1992 (1) 2003/61/EC 10 October 2003 2003/111/EC 31 October 2004 (1) As far as Articles 5 to 11, 14, 15, 17, 19 and 24 are concerned, the date of application for each genus or species referred to in Annex II shall be fixed in accordance with the procedure provided for in Article 21, when the schedule referred to in Article 4 is drawn up (see Article 26(2) of Directive 92/34/EEC). ANNEX III Correlation table Directive 92/34/EEC This Directive Articles 1(1) Articles 1(1) Article 1(2) — Article 1(3) Article 18 amended — Article 1(2)(3) Article 2 Article 1(4) Article 3 (a), (b) Article 2(1), (2) — Article 2(3), (4) Article 3 (c) – (f) Article 2(5) – 2 (8) amended Article 3 (g) – (h) — Article 3 (i) – (j) Article 2(9) – (10) amended Article 3 (k) (i and ii) Article 2(11) Article 3 (k) partim. Article 13(2) amended Article 3 (l) (m) Article 2(12), (13) Article 3 (n) — Article 3 (o) Article 2(14) Article 3 (p) — Article 4(1) Article 4 amended Article 4(2) — Article 5 — — Article 5 Article 6 — — Article 6 Article 7 Article 15 Articles 8(1) (2) Article 3(1)(a), (b) amended — Article 3(2) — Article 3(3) Article 8(3) Article 3(4) amended Article 9(1) Article 7(1) — Article 7(2) Article 9(2)(i), (ii) Article 7(3)(a), (b) amended Article 9(2) final provision Article 7(4) amended Article 9(3) Article 7(5) Article 9(4) — Article 9(5) Article 7(6) Article 9(6) Article 7(7) Articles 10(1) (2) Articles 8(1) (2) amended Article 10(3) — Article 11 Article 9 amended Article 12 Article 10 Article 13 Article 11 amended Article 14 Article 17(1) Article 15 Article 17(2) amended Article 16 Article 12 Article 17 Article 13(1) amended Article 18 Article 13(3) amended Article 19(1) Article 16(2) Article 19(2) Article 16(3) Article 19(3) Article 16(4) Article 20 Article 14 Article 21(1) (2) Article 19(1) (2) Article 21(3) Article 19(4) Article 22(1) (2) Article 19(1) (3) Article 23 — Article 24(1) Article 16(1) Article 24(2) — Article 25 — Article 26 Article 20 — Article 21 — Article 22 — Article 23 Article 27 Article 24 Annex I — Annex II Annex I — Annexes II and III

Summary: EU rules for the marketing of fruit plants EU rules for the marketing of fruit plants SUMMARY OF: Directive 2008/90/EC — marketing of fruit plant propagating material and fruit plants intended for fruit production WHAT IS THE AIM OF THE DIRECTIVE? It updates and improves EU rules to ensure that purchasers receive propagating material* and fruit plants which are healthy and of good quality. It improves and streamlines the system of rules in which businesses operate, reflecting scientific and technical progress and setting out clear conditions that have to be met to satisfy new consumer and industry needs. The directive is a recast and replaces Council Directive 92/34/EEC. KEY POINTS Scope It applies to the marketing of fruit plant propagating material and fruit plants intended for fruit production within the EU. Annex 1 provides a list of the genera and species (as well as their hybrids*) which are included. The directive also applies to rootstocks* and other parts of plants of other genera or species (and hybrids) not listed in Annex 1, if material of genera or species listed in Annex I or their hybrids is grafted* or is to be grafted onto them. It does not apply to propagating material or fruit plants intended for export to non-EU countries, provided they are identified as such and kept sufficiently isolated. The directive covers: requirements for propagating material and fruit plants — includes general requirements for being placed on the market and specific requirements for each genus and species mentioned in Annex 1; requirements to be met by suppliers — including the rules for registration of suppliers and specific requirements related to the responsibility of suppliers in the production and reproduction process of all propagating material and fruit plants; variety identification and labelling — propagating material and fruit plants must be marketed with a reference to the variety to which they belong. If the material does not belong to a variety, as may be the case for rootstocks, the species or interspecific hybrid must be mentioned; exemptions — small producers whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production may be exempted from the labelling rules and checks and official inspections; propagating material and fruit plants produced in non-EU countries — until 31 December 2022 EU countries may assess if propagating material and fruit plants produced in a non-EU country is equivalent in all aspects to material produced in the EU; control measures — covering: official inspections by EU countries — by a body officially appointed by the EU country and notified to the European Commission;EU monitoring — the Commission may inspect trials carried out by EU countries to check that material conforms with the directive’s requirements and conditions;checks — the Commission may organise on-the-spot checks;follow-up action — if a material is found not to meet the requirements, appropriate measures must be taken by the EU country including a ban on marketing of the materials. FROM WHEN DOES THE DIRECTIVE APPLY? Directive 2008/90/EC revised and replaced Directive 92/34/EEC (and its subsequent amendments) and EU countries had to apply the new rules of Directive 2008/90/EC by 30 September 2012. BACKGROUND The directive is the final step in establishing common EU rules for the marketing of propagating material. The directive has been amended on 3 occasions including by Regulation (EU) No 652/2014 on EU spending on information about food and animal feed. For more information, see: EU marketing requirements (European Commission). KEY TERMS Propagating material: seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants. Hybrid: plant obtained by grafting the upper part of one plant onto a rootstock of another plant to combine the best characteristics of the two plants. Rootstock: a healthy root system and some portion of the stem which is used as the lower plant portion in grafting. Grafting: the process whereby the upper part of one plant is attached to the root system (rootstock) of another plant so that they appear to be a single plant. MAIN DOCUMENT Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (Recast version) (OJ L 267, 8.10.2008, pp. 8-22) Successive amendments to Directive 2008/90/EC have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Decision (EU) 2017/925 of 29 May 2017 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions, and repealing Implementing Decision (EU) 2017/167 (OJ L 140, 31.5.2017, p. 7–14) Commission Implementing Directive 2014/96/EU of 15 October 2014 on the requirements for the labelling, sealing and packaging of fruit plant propagating material and fruit plants intended for fruit production, falling within the scope of Council Directive 2008/90/EC (OJ L 298, 16.10.2014, p. 12–15) Commission Implementing Directive 2014/97/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards the registration of suppliers and of varieties and the common list of varieties (OJ L 298, 16.10.2014, p. 16–21) Commission Implementing Directive 2014/98/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections (OJ L 298, 16.10.2014, p. 22–61) last update 08.08.2019