{
  "url": "https://openlegislation.uk/eu-directive-2008-90/article-2",
  "json_url": "https://openlegislation.uk/eu-directive-2008-90/article-2.json",
  "legislation": "eudr/2008/90",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2008-90",
  "path": "article/2",
  "kind": "article",
  "number": "2",
  "heading": "Definitions",
  "text": "For the purposes of this Directive, the following definitions shall apply:\n1.. ‘propagating material’ means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;\n2.. ‘fruit plants’ means plants intended to be planted or replanted, after marketing;\n3.. ‘variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which can be:\n(a) defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;\n(b) distinguished from any other plant grouping by the expression of at least one of the said characteristics; and\n(c) considered as an entity in view of its ability to be propagated unchanged;\n4.. ‘clone’ means the vegetative genetically uniform progeny of a single plant;\n5.. ‘pre-basic material’ means propagating material which:\n(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;\n(b) is intended for the production of basic material or certified material other than fruit plants;\n(c) satisfies the specific requirements for pre-basic material established pursuant to Article 4; and\n(d) has been found by official inspection to satisfy the conditions in (a), (b) and (c);\n6.. ‘basic material’ means propagating material which:\n(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;\n(b) is intended for the production of certified material;\n(c) satisfies the specific requirements for basic material, established pursuant to Article 4; and\n(d) has been found by official inspection to satisfy the conditions in (a), (b) and (c);\n7.. ‘certified material’ means:\n(a) propagating material which:\n(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;\n(ii) is intended for the production of fruit plants;\n(iii) satisfies the specific requirements for certified material, established pursuant to Article 4; and\n(iv) has been found by official inspection to satisfy the conditions in (i), (ii) and (iii);\n(b) fruit plants which:\n(i) have been produced directly from certified, basic or pre-basic propagating material;\n(ii) are intended for the production of fruits;\n(iii) satisfy the specific requirements for certified material, established pursuant to Article 4; and\n(iv) have been found by official inspection to satisfy the conditions in (i), (ii) and (iii);\n8.. ‘CAC (Conformitas Agraria Communitatis) material’ means propagating material and fruit plants which:\n(a) have varietal identity and adequate varietal purity;\n(b) are intended for:\nthe production of propagating material,\nthe production of fruit plants, and/or\nthe production of fruits;\n(c) satisfy the specific requirements for CAC material established pursuant to Article 4;\n9.. ‘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;\n10.. ‘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;\n11.. ‘responsible official body’ means:\n(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;\n(b) any State authority established:\neither at national level, or\nat regional level, under the supervision of the national authorities, within the limits set by the national legislation of the Member State concerned;\n12.. ‘official inspection’ means inspection carried out by the responsible official body or under the responsibility of the responsible official body;\n13.. ‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition and origin.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2008/90/article/2",
    "retrieved_at": "2026-11-01T15:22:18.723497+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}