Article 2

For the purposes of this Directive, the following definitions shall apply:

1. (A)

   Vines : plants of the genus Vitis (L.) intended for the production of grapes or for use as propagation material for such plants.

   1. AA..

      Variety : a plant grouping within a single botanical tax on of the lowest known rank, which can be:

      1. (a)

         defined by the expression of the characters resulting from a given genotype or combination of genotypes;

      2. (b)

         distinguished from any other plant grouping by the expression of at least one of the said characters; and

      3. (c)

         considered as an entity in view of its ability to be propagated unchanged.

   2. AB..

      Clone: a clone is the vegetative progeny of a variety which is true to a vine stock chosen on account of varietal identity, its phenotypic characters and its state of health.

2. (B)

   Propagating material

   1. (i)

      Young vine plants

      1. (a)

         rooted cuttings: ungrafted pieces of rooted vine shoot or herbaceous shoot, intended for planting ungrafted or for use as rootstocks;

      2. (b)

         rooted grafts: pieces of vine shoot or herbaceous shoot joined by grafting, the underground part of which is rooted.

   2. (ii)

      Parts of young vine plants

      1. (a)

         vine shoots: one-year shoots;

      2. (b)

         herbaceous shoots: unlignified shoots;

      3. (c)

         graftable rootstock cuttings: pieces of vine shoot or herbaceous shoot intended to form the underground part when preparing rooted grafts;

      4. (d)

         top-graft cuttings: pieces of vine shoot or herbaceous shoot intended to form the part above ground when preparing rooted grafts or when grafting plants in situ ;

      5. (e)

         nursery cuttings: pieces of vine shoot or herbaceous shoot intended for the production of rooted cuttings.

3. (C)

   Stock nurseries: nurseries for the production of rootstock cuttings for grafting, nursery cuttings or top-graft cuttings.

4. (D)

   Cutting nurseries : nurseries for the cultivation of rooted cuttings or rooted grafts.

   1. DA..

      Initial propagating material : propagating material

      1. (a)

         which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the identity of the variety and, where applicable, of the clone, and for the prevention of diseases;

      2. (b)

         which is intended for the production of basic propagating material or certified propagating material;

      3. (c)

         which satisfies the conditions laid down in Annexes I and II for basic propagating material. These Annexes may be amended in accordance with the procedure laid down in Article 17(2) in order to set additional or more stringent conditions for the certification of initial propagating material;

      4. (d)

         which has been found by official examination to satisfy the above conditions.

5. (E)

   Basic propagating material : propagating material

   1. (a)

      which has been produced under the responsibility of the grower according to accepted practices for the maintenance of the identity of the variety and, where applicable, of the clone, and for the prevention of diseases and which is obtained by vegetative propagation directly from initial propagating material;

   2. (b)

      which is intended for the production of certified propagating material;

   3. (c)

      which satisfies the conditions laid down in Annexes I and II for basic propagating material; and

   4. (d)

      which has been found by official examination to satisfy the above conditions.

6. (F)

   Certified material : propagation material

   1. (a)

      which is obtained directly from basic propagating material or initial propagating material;

   2. (b)

      which is intended for:

      • the production of young plants or parts of plants for use in the production of grapes, or

      • the production of grapes;

   3. (c)

      which satisfies the conditions laid down in Annexes I and II for certified material; and

   4. (d)

      which has been found by official examination to satisfy the abovementioned conditions.

7. (G)

   Standard material : propagation material

   1. (a)

      which has varietal identity and purity;

   2. (b)

      which is intended for:

      • the production of young plants or parts of plants for use in the production of grapes, or

      • the production of grapes;

   3. (c)

      which satisfies the conditions laid down in Annexes I and II for standard material; and

   4. (d)

      which has been found by official examination to satisfy the abovementioned conditions.

8. (H)

   Official measures : measures taken

   1. (a)

      by State authorities; or

   2. (b)

      by any legal person whether governed by public or by private law, acting under the responsibility of the State; or

   3. (c)

      in the case of ancillary activities which are also subject to State control, by any natural person duly sworn for that purpose,

   provided that the persons mentioned under (b) and (c) derive no private gain from such measures.

9. (I)

   Marketing :

   • the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer aimed at commercial exploitation of propagating material to third parties, whether or not for a consideration.

   • Trade in propagating material not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

     1. (a)

        the supply of propagating material to official testing and inspection bodies;

     2. (b)

        the supply of propagating material to providers of services for processing or packaging, provided that the provider of services does not acquire title to propagating material thus supplied.

   • The rules for the application of these provisions shall be adopted in accordance with the procedure laid down in Article 17(3).

Member States may, as a transitional measure, after the entry into force of the laws, regulations or administrative provisions necessary to comply with this Directive, provide that propagation material which has been used for establishing stock nurseries or cutting nurseries is equivalent to propagation material certified or checked in accordance with the provisions of this Directive, if before being so used it afforded the same assurances as propagation material certified or checked in accordance with the provisions of this Directive.