Judgment_paragraph 97 · Società agricola Vivai Maiorana Ss and Others v European Commission (T-116/20)

97More specifically:– Directive 66/401 on the marketing of fodder plant seed was amended with a view to providing that fodder plant crop and seed was also to comply with the requirements concerning the presence of RNQPs laid down pursuant to Part A of Annex IV to the contested implementing regulation, even though an additional requirement is not laid down therein for specific RNQPs (see recital 8 and Article 1 of Implementing Directive 2020/177 and Annex I thereto);– Directive 66/402 on the marketing of cereal seed was amended with a view to providing that the presence of RNQPs on crops and seed complied with the requirements laid down pursuant to Part B of Annex IV to the contested implementing regulation. In addition, the amended version of that directive specifies the maximum number of symptomatic plants seen during inspections of a representative sample for the crop to be regarded as being ‘practically free’ from the fungus Gibberella fujikuroi Sawada [GIBBFU], as required in Part B of Annex IV to the contested implementing regulation (see recital 10 and Article 2 of Implementing Directive 2020/177 and Annex II thereto);– Directive 68/193 on the marketing of material for the vegetative propagation of the vine was amended in order to provide, in essence, that the stock nurseries and the cutting nurseries were to be inspected visually and, where appropriate, sampled and tested to ensure that they were free from the RNQPs listed in Part C of Annex IV to the contested implementing regulation. If RNQPs or related symptoms are found to be present, Annex I to Directive 68/193, as amended, provides, depending on the RNQP and the category of propagating material, for the adoption of measures such as the roguing out and the destruction of the vines concerned, the exclusion of those vines from propagation, hot water treatment, bactericide treatment, maintenance in insect-proof facilities, appropriate grafting or fumigation (see recital 11 and Article 3 of Implementing Directive 2020/177 and Annex III thereto);– Directive 2002/55 on the marketing of vegetable seed was amended to provide that the presence of RNQPs on vegetable seed was not to exceed, at least upon visual inspection, the respective thresholds set out in Part F of Annex IV to the contested implementing regulation (see recital 14 and Article 6 of Implementing Directive 2020/177 and Annex VI thereto);– Directive 93/61 on the marketing of vegetable propagating and planting material other than seed was amended to provide that the presence of RNQPs on those plants is not to exceed, at least upon visual inspection, the thresholds established in Part I of Annex IV to the contested regulation (see recital 12 and Article 5 of Implementing Directive 2020/177 and Annex V thereto);– Implementing Directive 2014/98, which lays down specific requirements for, inter alia, the marketing of fruit plant propagating material and fruit plants intended for fruit production, was amended to provide that pre-basic mother plants, pre-basic material, basic mother plants, basic material, certified mother plants and certified material had, by means of a visual inspection, and, in the case of doubts, sampling and testing, to be found to be free from the RNQPs listed in Part J of Annex IV to the contested implementing regulation. If RNQPs or related symptoms are found to be present, Annex IV to Implementing Directive 2014/98, as amended, provides, depending on the RNQP and the category of propagating material, for the adoption of measures such as the roguing out and the destruction of the propagating material and plants concerned, and the testing of a representative sample of the asymptomatic propagating material and plants (see recitals 19 to 23 and Article 10 of Implementing Directive 2020/177 and Annex X thereto).

Società agricola Vivai Maiorana Ss and Others v European Commission (T-116/20)

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