- Situation
- Production, purchase, resale or online sale of plants for planting
- Who is concerned
- Nurseries, horticulturists, garden centres, wholesalers, landscapers, online sellers
- Key point
- A passport is required between professionals, and for any distance sale, even to a private individual
- Legal texts
- Regulation (EU) 2016/2031; Implementing Regulation (EU) 2017/2313
In short
Since 14 December 2019, plants for planting, with the exception of certain seeds, must be accompanied by a plant passport to move between professionals within the European Union. The passport certifies that the plants meet the applicable plant health requirements and makes it possible to trace their route. Only a registered and authorised operator may issue it.
Who must deal with it
- Registration: any professional operator producing, importing or reselling plants for planting must be registered with the competent authority.
- Authorisation: to issue passports, the operator must be authorised and have the necessary knowledge and a traceability system.
- Sales to consumers: no passport is required when plants are handed directly to a final non-professional user, except for distance sales and entry into protected zones.
A passport does not guarantee that a plant will establish. It certifies the absence of regulated pests, not horticultural quality, vigour or varietal conformity. In a dispute, what falls under regulated plant health must be distinguished from the quality promised in the contract.
What the label must contain
The EU flag, the words “Plant Passport”, then: A the botanical name; B the country code and the operator's registration number; C the traceability code; D the country of origin. For protected zones, the mention “PZ” and the name of the pest are added.
What the passport changes in a dispute
- For the professional buyer, a missing or irregular passport makes the batch non-compliant: a ground for refusal on delivery and for action against the seller.
- For the seller, a regular passport backed by complete traceability is key evidence of the health status of the plants on delivery.
- In an outbreak, the traceability code identifies the batches concerned and raises questions of compensation along the chain.
How the firm can help
- Check your obligations according to your business.
- Build the passport and traceability into your terms of sale and purchase contracts.
- Assist you during an inspection or against a detention or destruction measure.
- Act or defend you in a dispute over plants delivered without a passport or contaminated.
General information on French and EU law, which does not replace an analysis of your situation. Read the French version.