Apply for registration of a company for the production and/or trade of growing material

If you wish to operate as an entrepreneur in the production and/or trade of cultivation material, you must be entered in an official register. You can find out more here.

Entrepreneurs who wish to be active in the production and/or trade of cultivation material are required to register.

Entrepreneurs do not have to be registered if they

• supply small quantities of plants directly to the end user (with the exception of distance selling)

• supply seeds in small quantities directly to the end user

• transport plants for another entrepreneur

• Transporting items in wooden packaging

Entrepreneurs (commercial activity) can only be entered once in the register of a competent authority. If an entrepreneur has several businesses or branches, reference is made to the branches in the official register.

Notes on protected areas: In the EU, there are phytosanitary protected zones in which one or more specific pests do not yet occur. Certain goods may only be delivered to these protected areas if they meet special requirements. Ireland, for example, is still free of some pests due to its island location and therefore there are additional requirements for certain goods. In Germany, there are currently no phytosanitary protected zones.

• Site plan: This is required for all companies that have other buildings / areas in addition to their office that are important for phytosanitary activities (e.g. nursery quarters, greenhouses).

• Information on other business premises: Information is required for all companies that have other operating sites (with their own address) in addition to their head office. Pure production areas (e.g. nursery quarters) are not counted as business premises, but must be indicated on the site plan.

• Information on regulated plant species within the scope of the AGOZV (Cultivation Material Ordinance Annex 6 Cultivation Material)

• The prerequisite for registration is the existence of the registration obligation and complete application documents.
• Necessary inspections may also be required.
• The contact persons named in the registration application must have appropriate knowledge of plant health in accordance with the activity carried out by the operator and be personally available to the staff of the competent authority if required.

Appeal (appeal may be excluded depending on state law), administrative court action

• As an entrepreneur, you submit the registration application to the competent authority.
• They will check the application documents and carry out any necessary checks.
• If the check is positive, a registration number will be assigned.

• If you change your contact details, you must submit an application to update your entry in the register within 30 days.

• Any changes to the information on the product groups, plant species, genera or families that are produced or traded, as well as information on the location of the cultivation areas and business premises, must be updated annually by April 30. If there are no changes, there is no need to submit an application for an update.

If the documents are complete, the application will be processed promptly.

Registered operators have the following obligations:

The occurrence or suspected occurrence of Union quarantine pests and pests regulated by EU emergency measures within the meaning of Art. 30 of Regulation (EU) 2016/2031 must be reported immediately to the competent authority. The operator must take precautionary measures to prevent the establishment and spread of these pests.

In addition, registered producers or traders of cultivation material have the following obligations:

The regulations according to the Cultivation Material Ordinance (AGOZV) must be complied with by the registered company. This means in particular:

• It must be ensured that the growing material fulfills the requirements according to its classification.

• In-house inspections and, if necessary, sampling and testing must be carried out to ensure the quality of the cultivation material.

• The exceptional occurrence or suspected exceptional occurrence of a Union-regulated non-quarantine pest (RNQP) referred to in Section 4 (4) No. 2 of the AGOZV must be reported to the competent authority without delay.

• Records must be kept of the growing material produced and purchased, the inspections carried out, the occurrence of pests and the measures introduced and implemented and must be retained for at least 1 year, and in the case of fruit for at least 3 years after being placed on the market.

• The authenticity and purity of the type and variety of the growing material must be checked.

Cultivation material may only be placed on the market for commercial purposes if it is accompanied by an accompanying document or label that has the required color and contains all information according to § 13 or § 14 AGOZV. To issue labels for approved fruit-growing material, the operator must submit a separate application for approval to the competent authority.

Fruit growing material may only be placed on the market in sealed packaging, containers or bundles that are secured with a seal.

Upon separate application, the competent authority may recognize growing material of pome and stone fruit as well as strawberries and bush berries as pre-basic, basic or certified material if the requirements of the Growing Material Ordinance are met.

The text was automatically translated based on the German content.