Date: 2026-01-14Category: Not ApplicableState: Union GovernmentCountry: Europe
Commission Implementing Decision (EU) 2026/75 of 12 January 2026 concerning the equivalence of fruit plant propagating material and fruit plants, intended for fruit production, produced in certain third countries, as regards obligations on the supplier, identity, characteristics, plant health, growing medium, inspection arrangements, labelling, sealing and packaging (notified under document C(2026) 30)
Issued by European Commission
· Directorate-General for Health and Food Safety
**Executive Summary**
This Commission Implementing Decision (EU) 2026/75, dated 12 January 2026, establishes the equivalence of fruit plant propagating material and fruit plants intended for fruit production from specified third countries (Argentina, Chile, Moldova, Morocco, Serbia, United States) with EU standards. It addresses obligations concerning the supplier, identity, characteristics, plant health, growing medium, inspection arrangements, labeling, sealing, and packaging. The decision is based on requests from these third countries and examination of their relevant legislations.
**Key Points / Main Content**
* **Equivalence Recognition:**
* Fruit plant propagating material and fruit plants produced in the specified third countries are deemed equivalent to those produced in the EU under Directive 2008/90/EC.
* Equivalence covers obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing.
* **Import Requirements:**
* Imported material must be labeled, sealed, and packaged according to standards equivalent to Article 9 of Directive 2008/90/EC and Implementing Directive 2014/96/EU.
* Suppliers importing material must inform the responsible official body in advance.
* Imports must be accompanied by an official label (pre-basic, basic or certified material) or a supplier's document (CAC material) and records detailing the propagating material and fruit plants.
* **Post-Import Procedures:**
* Before marketing, the official label from the third country must be replaced or supplemented with a new official label from the Member State, or first supplier under official supervision.
* Supplier documents must also be replaced or supplemented accordingly.
* New labels and supplier's documents must reference the original label/document and the country of origin.
* Imported material must meet EU requirements for variety identification as outlined in Article 7 of Directive 2008/90/EC.
**Impact Analysis**
**Member States**
* **Impact:** Must recognise the equivalence of fruit plant propagating material and fruit plants from the listed third countries as outlined in the Annex.
* **Action Required:** Adapt control procedures and labeling to ensure compliance with the Decision and Directive 2008/90/EC for marketing of the imported material.
**Suppliers in Third Countries**
* **Impact:** Can export fruit plant propagating material and fruit plants to the EU if their production meets the defined equivalence standards.
* **Action Required:** Comply with labeling, sealing, packaging, and documentation requirements specified in the Decision, including providing official labels or supplier's documents.
**EU Importers/First Suppliers**
* **Impact:** Benefit from access to equivalent fruit plant propagating material and fruit plants from specified third countries.
* **Action Required:** Inform responsible official body in advance of import, replace third-country labels/documents with EU-compliant labels/documents, and ensure the imported material meets variety identification requirements.
Key Entities Referenced
Council Directive 2008/90/EC: Directive on the marketing of fruit plant propagating material and fruit plants intended for fruit production. Forms the basis for equivalence assessments with third countries.
Commission Implementing Directive 2014/98/EU: Implementing Directive concerning the production and marketing requirements for specified fruit plant genera and species.
Commission Implementing Directive 2014/96/EU: Implementing Directive addressing labelling, sealing and packaging requirements for fruit plant propagating material and fruit plants.
European Union: The region in which fruit plant propagating material and fruit plants produced in certain third countries can be determined to be equivalent to those produced in member states.
Third countries: Countries outside the European Union whose fruit plant propagating material and fruit plants are being assessed for equivalence.
Official Journal EN
of the European Union L series
2026/75 14.1.2026
COMMISSION IMPLEMENTING DECISION(EU) 2026/75
of 12 January 2026
concerning the equivalence of fruit plant propagating material and fruit plants, intended for fruit
production, produced in certain third countries, as regards obligations on the supplier, identity,
characteristics, plant health, growing medium, inspection arrangements, labelling, sealing and
packaging
(notified under document C(2026) 30)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating
material and fruit plants intended for fruit production(1), and in particular Article 12(1) thereof,
Whereas:
(1) In 2021 and 2022, Argentina, Chile, Moldova, Morocco, Serbia and the United States (‘the specified third countries’)
submitted requests to the Commission for recognition by the Union of equivalence for the fruit plant propagating
material and fruit plants intended for fruit production (‘propagating material and fruit plants’) belonging to certain
genera and species and to certain categories produced in those third countries. Those requests were accompanied by
the relevant legislations of the specified third countries.
(2) Following examination of the requests and the legislations of the specified third countries, the Commission has
concluded that those legislations provide for the respective propagating material and fruit plants, belonging to the
corresponding categories, to afford the same guarantees as the ones set out in Directive 2008/90/EC as regards the
genera and species concerned.
(3) The respective propagating material and fruit plants are to fulfill requirements equivalent to the respective
requirements of Commission Implementing Directive 2014/98/EU(2)concerning the production and marketing by
the specified third country, and Commission Implementing Directive 2014/96/EU(3) concerning labelling, sealing
and packaging, following the import of that propagating material and fruit plants. This is necessary to ensure the
same standards as the ones applied to the propagating material and fruit plants produced and marketed in the Union.
(4) Consequently, imported propagating material and fruit plants should, as appropriate for the category of propagating
material and fruit plants concerned, be accompanied by an official label issued by the third country concerned or a
supplier’s document prepared by the supplier in that third country, and by records containing details of that
propagating material and those fruit plants provided by the supplier in that third country.
(5) The official label or supplier’s document should be attached to the imported propagating material and fruit plants, as
this is necessary to ensure informed choices for the users and facilitate the competent authorities with the conduct of
the respective official controls. Following import into the Union, those official labels or supplier’s documents should
be replaced by labels produced pursuant to Directive 2008/90/EC for the marketing of the respective propagating
material and fruit plants within the Union.
(1) OJ L 267, 8.10.2008, p. 8, ELI: http://data.europa.eu/eli/dir/2008/90/oj.
(2) 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, ELI: http://data.europa.eu/eli/dir_impl/2014/
98/oj).
(3) 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, ELI: http://data.europa.eu/eli/dir_impl/2014/96/oj).
ELI: http://data.europa.eu/eli/dec_impl/2026/75/oj 1/4EN
OJ L, 14.1.2026
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plants,
Animals, Food and Feed,
HAS ADOPTED THIS DECISION:
Article 1
Definitions
For the purposes of this Decision, the following definitions apply:
(1) ‘specified third country’ means a third country listed in the Annex;
(2) ‘specified propagating material’ means the propagating material produced in the specified third countries which has
been recognised, in relation to the respective genera or species, as equivalent to the propagating material produced
in the Union in compliance with Implementing Directive 2014/98/EU;
(3) ‘specified fruit plants’ means fruit plants produced in the specified third countries which have been recognised, in
relation to the respective genera or species, as equivalent to the fruit plants produced in the Union in compliance
with Implementing Directive 2014/98/EU;
(4) ‘category’ means category as defined in Article 1, point 10, of Implementing Directive 2014/98/EU.
Article 2
Equivalence of propagating material and fruit plants
The specified propagating material and the specified fruit plants, intended for fruit production, produced in the specified
third countries, and belonging to the respective genera or species and categories as indicated in the Annex, are equivalent
to fruit plant propagating material and fruit plants intended for fruit production produced in the Union and complying
with Directive 2008/90/EC in respect of affording the same guarantees as regards obligations on the supplier, identity,
characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, provided that
that material and those fruit plants produced in those third countries continue to comply with that Directive and its
implementing acts.
Article 3
Requirements for imports of specified propagating material and specified fruit plants
1. Specified propagating material and specified fruit plants that have been produced in the specified third countries, for
the respective categories and genera or species, as listed in the Annex, may only be imported into the Union provided that
they have been labelled, sealed and packaged following requirements equivalent to the ones set out in Article 9 of
Directive 2008/90/EC and in Implementing Directive 2014/96/EU concerning labelling, sealing and packaging, as
appropriate for the respective category of pre-basic material, basic material, certified material or CAC material.
2. The suppliers importing specified propagating material and specified fruit plants into the Union shall inform the
respective responsible official body in advance of that import.
3. Imported specified propagating material and specified fruit plants shall be accompanied by the following:
(a) an official label issued by the responsible official body of the specified third country in the case of pre-basic, basic or
certified material, or a supplier’s document prepared by the supplier of the specified third country in the case of CAC
material; and
(b) records containing details of that specified propagating material and those specified fruit plants provided by the
supplier in the specified third country concerned.
2/4 ELI: http://data.europa.eu/eli/dec_impl/2026/75/ojEN
OJ L, 14.1.2026
4. Following the import of the specified propagating material and the specified fruit plants, and before marketing of the
respective propagating material and fruit plants in the Union:
(a) the responsible official body of the Member State concerned, or the first supplier under official supervision, shall
replace the official label of the specified third country, referred to in paragraph 3, point (a), with a new official label,
or attach a new official label in addition to the label of the specified third country;
(b) in the case of a supplier’s document, the first supplier in the Union shall replace the supplier’s document, referred to
in paragraph 3, point (a), with a new one, or a new supplier’s document shall be attached in addition to the supplier’s
document of the specified third country.
5. The new official label or the new supplier’s document referred to in paragraph 4 shall respectively contain a reference
to the original official label or original supplier’s document of the third country of origin, and a reference to that country.
6. The imported specified propagating material and specified fruit plants shall fulfil the relevant requirements regarding
variety identification as set out in Article 7 of Directive 2008/90/EC.
Article 4
Addressees
This Decision is addressed to the Member States.
Done at Brussels, 12 January 2026.
For the Commission
Olivér VÁRHELYI
Member of the Commission
ELI: http://data.europa.eu/eli/dec_impl/2026/75/oj 3/4EN
OJ L, 14.1.2026
ANNEX
Union categories for genera and species of fruit plant propagating material and the corresponding
equivalent categories originating in the specified third countries
Country Fruit genera/species Union category Equivalent category of third country
1. Argentina Olea europaeaL. Pre-basic Original/Starting
Basic Basic/Foundation
Certified Certified
CAC Identified (Nominated)
2. Chile Olea europaeaL. Pre-basic Germplasm bank
RibesL. Basic Foundation, pre-increment and
RubusL. Certified increment
VacciniumL. CAC Certified
Ordinary
3. Moldova Cydonia oblongaMill. Pre-basic Pre-basic
FragariaL. Basic Basic
Juglans regiaL. Certified Certified
MalusMill. CAC CAC
Prunus avium(L.) L.
Prunus armeniacaL.
Prunus cerasusL.
Prunus domesticaL.
Prunus persica(L.) Batsch.
Prunus salicinaLindley
PyrusL.
RibesL.
RubusL.
4. Morocco Cydonia oblongaMill. Pre-basic Pre-basic
FragariaL. Basic Basic
Olea europaeaL. Certified Certified
PyrusL. CAC Non-certified
RibesL.
RubusL.
VacciniumL.
5. Serbia Corylus avellanaL. Pre-basic Pre-basic
Cydonia oblongaMill. Basic Basic
FragariaL. Certified Certified
MalusMill. CAC Standard
PyrusL.
RibesL.
RubusL.
VacciniumL.
6. United States CydoniaL. Pre-basic G1
FragariaL. Basic mother G2
Olea europaeaL. plants G3
PyrusL. Basic material G4
RibesL. Certified non-certified
RubusL. CAC
VacciniumL.
4/4 ELI: http://data.europa.eu/eli/dec_impl/2026/75/oj