Fruit Trees Propagation Material Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,584, 14 ta’ Mejju, 2004

L.N. 271 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Fruit Trees Propagation Material Regulations, 2004

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, 2001, the Minister for Rural Affairs and the Environment

has made the following regulations:-

(1) The title of these regulations is the Fruit Trees Title and

commencement.

Propagation Material Regulations, 2004.

(2) These regulations shall come in force on the 15th May,

2004.

(1) The scope of these regulations is to make provisions for Scope.

assuring that any propagation material of fruit trees or fruit trees intended

for fruit production, produced, placed on the market in Malta or being

transhipped through Malta prior to its transport to another Member State

meets specified standards of quality.

(2) These regulations shall apply to the marketing of

propagation material of fruit trees and fruit trees intended for fruit

production within the European Union, of the species and genera and

their hybrids listed in Schedule I of these regulations.

(3) Rootstocks and other parts of plants of other genera or

species or their hybrids shall also be subject to these regulations if

material of one of the said genera or species, or of their hybrids is grafted

or is to be grafted onto them.

(4) These regulations shall not apply to propagation material

or fruit trees intended to be exported to third countries if properly

identified as such and kept sufficiently isolated, without prejudice to

the health rules laid down in the Act.

For the purpose of these regulations, the following definitions Interpretation.

shall apply

“the Act” means the Plant Quarantine Act, 2001;

“basic material” refers to propagation material

(i) which 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, with a view

to maintaining the identity of the variety, including the relevant

characteristics of its pomological value and to preventing

diseases;

(ii) which is intended for the production of certified

material;

(iii) which satisfies the conditions for basic material

laid down in the schedule for the species concerned,

established pursuant to regulation 7; and

(iv) which, following an official inspection, has been

recognised as satisfying the above mentioned conditions;

“certified material” refers to propagation material and fruit

trees

(i) which have been produced either directly or in a

known number of stages in a vegetative way from basic

material;

(ii) which satisfy the conditions for certified material

laid down in the schedule for the species concerned,

established pursuant to regulation 7; and

(iii) which, following an official inspection, has been

recognised as satisfying the above mentioned conditions;

“Conformitas Agraria Communitatis” or “CAC material” is

propagation material and fruit trees satisfying the minimum

conditions laid down for that category relative to the species

concerned in the schedule established pursuant to regulation 7 of

these regulations;

“the Department” means the Department responsible for Plant

Health;

“the Director” means the Director responsible for the

Department and includes to the extent of the authority given, any

officer authorised by him, in writing, to act in that behalf for any

of the purposes of the Act;

“fruit trees” are plants intended to be planted or replanted,

after marketing;

“laboratory” is a body approved by the responsible official

body that carries out analysis and proper diagnosis, enabling the

producer to monitor production quality;

“lot” is a number of units of a single commodity, identifiable

by its homogeneity in composition and origin;

“marketing” refers to the holding available or in stock,

displaying or offering for sale, selling and, or delivering to another

person, in whatever form, propagation material or fruit trees;

“official measures” are measures taken by the responsible

official body;

“official inspection” is an inspection carried out by the

responsible official body;

“official statement” is a statement issued by or under the

responsibility of the responsible official body;

“pre-basic material” refers to propagation material

(i) which has been produced according to generally

accepted methods with a view to maintaining the identity of

the variety, including the relevant characteristics of its

pomological value and to preventing diseases;

(ii) which is intended for the production of basic

material;

(iii) which satisfies the conditions for pre-basic

material laid down in the schedule for the species concerned,

established pursuant to regulation 7; and

(iv) which, following an official inspection, has been

recognised as satisfying the above mentioned conditions;

“propagation material” refers to seeds, parts of plants and all

plant material, including rootstocks, intended for the propagation

and production of fruit plants;

“virus-free (v.f.) material” is material

(i) which has been tested and found free from infection

according to internationally recognised scientific methods;

(ii) has been found free from symptoms of any virus

or virus-like pathogen by growing-season inspection;

(iii) has been maintained under conditions ensuring

freedom from infection; and

(iv) is considered to be free from all viruses and virus-

like pathogens known in the species concerned occurring

within the European Union.

Material descended vegetatively in direct line in a

specific number of stages from such material, found free from

symptoms of any virus or virus-like pathogen by growing-

season inspection, and produced and maintained under

conditions ensuring freedom from infection, shall also be

considered to be virus-free. The specific number of stages

shall be indicated in the schedule for the species concerned,

established pursuant to regulation 7;

“virus-tested (v.t.) material” is material

(i) which has been tested and found free from infection

according to internationally recognised scientific methods;

(ii) has been found free from symptoms of any virus

or virus-like pathogen by growing-season inspection;

(iii) has been maintained under conditions ensuring

freedom from infection; and

(iv) considered to be free from certain serious viruses

and virus-like pathogens known in the species concerned

occurring within the European Union and capable of reducing

the usefulness of the material.

Material descended vegetatively in direct line in a

specific number of stages from such material, found free from

symptoms of any virus or virus-like pathogen by growing-

season inspection, and produced and maintained under

conditions ensuring freedom from infection, shall also be

considered to be virus-tested. The specific number of stages

shall be indicated in the schedule for the species concerned,

established pursuant to regulation 7 of these regulations;

“responsible official body” means the Department;

“supplier” means any natural or legal person carrying out

professionally at least one of the following activities with regards

to propagation material or fruit plants, namely reproducing,

producing, preserving and, or treating such material and the

marketing thereof.

No person shall produce, place on the market in Malta or Certification.

tranship through Malta prior to its transport to another Member State

any propagation material unless this has been certified by the Director

for any such purpose.

(1) Any person producing, placing on the market in Malta Notification.

or transhipping through Malta prior to its transport to another Member

State any propagation material shall notify the Director.

(2) A notice submitted in accordance to subregulation (1)

of this regulation shall be submitted on such form and in such manner

and within such time as the Director may form time to time by notice in

the Gazette, establish.

(1) Upon receipt of a notice in accordance with the provisions General certification

of regulation 5 hereof, the Director shall ascertain that the conditions procedure.

for certification have been met and the Director shall issue such a

certificate only if the propagation material meets such conditions or

standards.

(2) Prior to certifying any propagation material in

accordance with subregulation (1) of this regulation, the Director or his

authorised representative shall inspect, collect and test such sample or

samples as may be required in order to establish that any provisions of

these regulations are satisfied.

(3)

Any certificate issued in accordance with this

regulation shall only be valid for the propagation material for which the

inspection, sampling and testing were carried out in accordance with

subregulation (2) hereof.

(1) A schedule shall be established in Schedule II of these Schedule of genera

and species of fruit.

regulations for each genus or species referred to in Schedule I with

reference to the plant health conditions laid down in the Act applying to

the genus and, or species concerned and laying down

(a) the quality and plant health conditions with which CAC

material must comply, in particular those relating to the propagation

system applied, to the purity of the growing crop, and except in

the case of rootstocks, where the material does not belong to a

variety, to varietal aspects.

(b) the conditions with which pre-basic, basic and certified

material must comply, relating to quality, plant health, the testing

methods and procedures applied, the propagation system(s) applied

and, except in the case of rootstocks where the material does not

belong to a variety, to varietal aspects; and

(c) the conditions with which rootstocks and other parts of

plants of other genera or species must comply if propagation

material of the genus or species concerned is grafted onto them.

(2)

If in the schedule, a reference is made to the

qualification virus-free (v.f.) or virus-tested (v.t.), the viruses and virus-

like pathogens concerned shall be mentioned in that schedule. This

provision shall apply mutatis mutandis where reference is made to a

qualification concerning freedom from or testing to detect harmful

organisms other than viruses or virus-like pathogens. No reference shall

be made to “v.f.” or “v.t.” in respect of the material referred to in

paragraph (1)(a).

(3) In respect of the material referred to in paragraph (1)(b),

a reference to the aforementioned qualifications shall be made where

such reference is relevant for the genus or species concerned.

(1) Propagation material and fruit trees shall be marketed

with a reference to the variety to which they belong. Where, in the case

of rootstocks, the material does not belong to a variety, reference shall

be made to the species or interspecific hybrid concerned.

(2) The varieties to which reference shall be made pursuant

to subregulation (1) must be

(a) either commonly known, and protected in accordance

with the provisions on the protection of new varieties of plants, or

officially registered on a voluntary or other basis; or

(b) entered on lists kept by the suppliers, with their detailed

descriptions and relevant denominations. These lists must be

available upon request to the Department.

Each variety shall be described and, as far as possible, bear

the same denomination in all Member States in accordance with

accepted international guidelines.

(3) Varieties may be officially registered if they have been

found to satisfy certain officially approved conditions and have an

official description.

(4) Except where the varietal aspect is explicitly mentioned

in the schedules referred to in regulation 7, subregulations (1) and (2),

shall not entail any extra responsibility for the Department.

(5) Requirements for the official registration referred to in

paragraph (2)(a) shall be established by the responsible official body,

taking into account current scientific and technical knowledge and

covering

(a) the conditions of official acceptance, which may include

in particular, distinctness, stability and sufficient uniformity;

(b) the characteristics which as a minimum the examinations

of the various species must cover;

(c) the minimum requirements for carrying out the

examinations; and

(d) the maximum period of validity of the official acceptance

of a variety.

Conditions to be

The responsible official body shall ensure that

satisfied by

suppliers.

(1) Suppliers take all the necessary measures to guarantee

compliance with the standards laid down in these regulations at all stages

of the production and marketing of propagation material of fruit trees

and whole plants.

(2) For the purposes of subregulation (1), suppliers shall

either carry out themselves, or have carried out by an accredited supplier

or the responsible official body, checks based on the following principles

(a) identification of critical points in their production process

on the basis of the production methods used,

(b) establishment and implementation of methods for

monitoring and checking the critical points referred to in sub-

paragraph (a),

(c) taking samples for analysis in a laboratory accredited

by the responsible official body to check compliance with the

standards established in these regulations,

(d) keeping a written record or a record registered in an

indelible fashion, of the data referred to in sub-paragraphs (a), (b)

and (c), as well as records on the production and marketing of

propagation material and whole fruit trees, to be held at the disposal

of the responsible official body. These documents shall be kept for

a period of at least three years

Provided that suppliers whose activity in this connection is

confined merely to the distribution of propagation material and

fruit trees produced and packaged on premises other than their

own, shall be required only to keep a written record or a record

registered in an indelible fashion of the buying and selling and, or

delivery of propagation material and fruit trees.

This paragraph shall not apply to suppliers whose activity in

this connection is confined to the supply of small quantities of

propagation material and fruit trees to non-professional final

consumers.

(3) If the result of their own checks or any information at

the disposal of the suppliers referred to in subregulation (1) reveals the

presence of one or more of the harmful organisms referred to in the Act

or, in a quantity greater than that normally allowed for in order to meet

the standards, of those specified in the relevant schedules established

pursuant to regulation 7, the suppliers shall immediately report this to

the responsible official body and shall carry out the measures indicated

by it or any other measures necessary to reduce the risk of such harmful

organisms from spreading. The supplier shall keep records of all

outbreaks of harmful organisms on his premises and of all measures

taken in relation to such occurrences.

(1) The responsible official body shall accredit suppliers

once it has verified that their production methods and establishments

meet the requirements of these regulations with regards to the nature of

the activities they carry out. The accreditation must be renewed if a

supplier decides to carry out activities other than those for which he has

received accreditation.

(2) The same body shall accredit laboratories once it has

verified that these laboratories, their methods, their establishments and

their staff, meet the requirements of these regulations, with regards to

the testing activities they carry out. The accreditation must be renewed

if a laboratory decides to carry out activities other than those for which

it has received accreditation.

(3) The same body shall take the necessary measures if the

requirements referred to in subregulations (1) and (2) cease to be met.

(4) The supervision and monitoring of suppliers,

establishments and laboratories shall be carried out regularly by or under

the responsibility of the official body, which shall at all times have free

access to all parts of the establishments, in order to ensure compliance

with the requirements of these regulations. Implementing measures

concerning supervision and monitoring shall be adopted, as necessary,

in accordance with the rules of the European Union. If such supervision

and monitoring reveal that the requirements of these regulations are not

being met, the responsible official body shall take appropriate action.

(1) Without prejudice to subregulation 12(2), propagation Documentation,

material and fruit plants shall be marketed only in sufficiently labelling,

and packaging.

homogeneous lots and if they have been

(a) qualified as CAC material and accompanied by a

document prepared by the supplier in accordance with the

conditions laid down in the schedule established pursuant to

regulation 7. If an official declaration appears on this document, it

shall be clearly separate from all other information in the document;

or

(b) qualified as pre-basic, basic or certified material, and

certified as such by the responsible official body, in accordance

with conditions laid down in the schedule referred to in regulation

7. (2) The requirements of propagation material and, or fruit

trees with regards to labelling and, or sealing and packaging, shall be

indicated in the schedule referred to in regulation 7. In the case of retail

supply of propagation material or fruit plants to a non-professional final

consumer, requirements regarding labelling may be confined to

appropriate product information.

(1) While growing and during lifting or removal from the Containment of fruit

propagation

parent material, propagation material and fruit plants shall be kept in material and fruit

separate lots.

trees.

(2) If propagation material and fruit trees of different origins

are put together or mixed during packaging, storage, transport or at

delivery, the supplier shall keep records of the composition of the lot

and origin of its individual components.

(3) The responsible official body shall ensure compliance

with the requirements referred to in subregulations (1) and (2) by

carrying out official inspections.

(1) The Department shall ensure that propagation material

and fruit trees produced in Malta and intended for marketing, comply

with the requirements of these regulations.

(2) If it is found, during an official inspection, that

propagation material or fruit trees cannot be marketed because they fail

to comply with a condition relating to plant health, the Department shall

take appropriate official measures to eliminate any consequent plant-

health risk.

(1) Propagation material or fruit plants may be marketed

only by accredited suppliers, and provided they meet the requirements

laid down for CAC material in the schedule referred to in regulation 7.

(2) Pre-basic, basic and certified material may not be

certified unless it belongs to a variety referred to in paragraph 8(2)(a)

and unless it meets the requirements for the category concerned laid

down in the schedule referred to in regulation 7. The category shall be

indicated on the official document referred to in regulation 11.

(3) With regards to the varietal aspects in the schedule to

be drawn up in accordance with regulation 7, provisions may be made

for an exemption for rootstocks where the material does not belong to a

variety.

(4) Without prejudice to the provisions of the Act, the

previous paragraphs shall not apply to propagation material or fruit plants

intended for

(a)

trials or scientific purposes;

(b) selection work; or

(c)

conservation of genetic diversity.

(1) The responsible official body may exempt

(a) from the application of regulation 11, small producers

all of whose production and sales of propagation material and fruit

trees is intended for final use by persons on the local market who

are not professionally involved in plant production (local

circulation);

(b) from the checks and official inspections provided for in

regulation 21, the local circulation of propagation material and

fruit trees produced by such exempt persons.

(2) Implementing measures relating to other requirements

concerning the exemptions referred to in paragraphs (a) and (b) above,

in particular as regards the concepts of small producers and local market,

and to related procedures, shall be adopted according to the rules of the

European Union.

The responsible official body shall ensure that propagation Official inspections.

material and fruit trees are officially inspected during production and

marketing, and by random checks in the case of CAC material, to verify

compliance with the requirements and conditions set out in these

regulations.

(1) If, during the supervision and monitoring provided for Non-compliance

with the regulations.

in subregulation 10(4), the official inspection referred to in regulation

16 or trials referred to in regulation 22, it is found that propagation

material or fruit plants do not meet the requirements of these regulations,

the responsible official body shall take appropriate action to ensure that

they do comply with the provisions of these regulations or, if that is not

possible, to ban the marketing of that propagation material or those

fruit trees within the European Union.

(2) If it is found that propagation material or fruit trees

marketed by a particular supplier do not comply with the requirements

and conditions of these regulations, the responsible official body shall

ensure that appropriate measures are taken against that supplier. If the

supplier is forbidden to market propagation material and fruit plants,

the Department shall inform the Commission of the European Union

and the competent bodies in the Member States.

(3) Any measures taken under subregulation (2) shall be

withdrawn as soon as it has been established with sufficient certainty

that the propagation material or fruit trees intended for marketing by

the supplier will, in the future, comply with the requirements and

conditions of these regulations.

In the event of temporary difficulties in the supply of Less stringent

requirements.

propagation material and fruit trees satisfying the requirements of these

regulations, measures may be adopted, concerning the marketing of

propagation material and fruit plants meeting less stringent requirements,

without prejudice to the plant health rules laid down in the Act.

(1) Propagation material and fruit plants which comply with

the requirements and conditions of these regulations shall be subject to

no marketing restrictions as regards suppliers, plant health, growing

medium and inspection arrangements, other than those laid down in

these regulations.

(2) As regards the products referred to in Schedule II of

these regulations, the responsible official body shall refrain from

imposing more stringent conditions or marketing restrictions other than

the conditions laid down in the schedules referred to in regulation 7 of

these regulations.

(1) It shall be decided whether propagation material and

fruit plants produced in a third country and affording the same guarantees

as regards obligations on the supplier, identity, characteristics, plant

health, growing medium, packaging, inspection arrangements, marking

and sealing, are equivalent in all these respects to propagation material

and fruit plants produced within the European Union and complying

with the requirements and conditions of these regulations.

(2) Pending the decision referred to in subregulation (1),

Malta may until the 31 st December, 2004 and without prejudice to the

provisions of the Act, apply to the import of propagation material and

fruit trees from third countries whose conditions are at least equivalent

to those indicated, on a temporary or permanent basis, in the schedules

adopted pursuant to regulation 7. If such conditions are not laid down

in the schedules, the conditions for importation must at least be

equivalent to those applicable to production in Malta.

(3) Propagation material and fruit trees imported by Malta

in accordance with a decision taken by the same country pursuant to

subregulation (2) shall be subject to marketing restrictions in the other

Member States as regards the matters referred to in subregulation (1).

Detailed rules for implementing the controls provided for in

regulation 9 and for the official inspection provided for in regulations

12 and 16, including sampling methods, are established by the

responsible official body.

Trials, or, where appropriate, tests shall be carried out on

samples to check that propagation material or fruit trees comply with

the requirements and conditions laid down in these regulations, including

those relating to plant health.

Schedule I

List of genera and species

The following table lists the genera and species to which these regulations apply

Table 1.1

Latin Name

Common Name

Citrus aurantifolia (Christm.) Swing

Lime

Citrus limon (L.) Burm. f.

Lemon

Citrus paradisi Macf.

Grapefruit

Citrus reticulata Blanco

Mandarin

Citrus sinensis (L.) Osbeck

Orange

Corylus avellana L.

Hazel

Cydonia Mill.

Quince

Fragaria x ananassa Duch.

Strawberry

Juglans regia L.

Walnut

Malus Mill.

Apple

Olea europea L.

Olive

Pistacia vera L.

Pistachio

Prunus amygdalus Batsch.

Almond

Prunus armeniaca L.

Apricot

Prunus avium L.

Sweet cherry

Prunus cerasus L.

Sour cherry

Prunus domestica L.

Plum

Prunus persica (L.) Batsch.

Peach

Prunus salicina Lindl.

Japanese plum

Pyrus communis L.

Pear

Ribes spp.

Redcurrant

Rubus spp.

Blackberry

Vaccinium L.

Blueberry/Bilberry/Cranberry

B

Schedule II

Schedule

(a) (i) This Schedule establishes the schedule referred to in regulation 7 and sets out the

requirements for labelling and sealing referred to in regulation 11 of these regulations.

(ii) The schedule applies to the growing crop and propagation material (including rootstocks),

and fruit trees derived therefrom, of all the genera and species listed in Schedule I, and

to rootstocks of other genera and species referred to in paragraph 7(1)(c) thereof,

irrespective of the propagation system applied, those items being hereinafter referred to

as “the material” .

(iii) The provisions of this Schedule shall apply progressively, taking into account the

production cycles of the material referred to in point (ii) above.

(b) The material shall, where applicable, comply with the relevant plant health conditions laid

down in the Act.

(c) (i) Without prejudice to the provisions of point (b) above, in the case of CAC material, the

material must, at least on visual inspection, be substantially free from any harmful organisms

and diseases impairing quality, or any signs or symptoms thereof, which reduce the

usefulness of the propagation material or fruit trees and in particular be free from those

organisms and diseases listed in Schedule III in respect of the genus or species concerned.

(ii) Any material showing visible signs or symptoms of the harmful organisms or diseases

referred to in point (c)(i) at the stage of the growing crop, shall be properly treated

immediately upon their appearance or, where appropriate, shall be removed.

(iii) In the case of citrus material, the following requirements shall also be met

(aa) It shall be derived from initial material which

(1) has been checked and found to show no symptoms of the relevant

viruses, virus-like organisms or diseases listed in Schedule III;

(2) has been tested individually using appropriate methods for the

detection of such viruses, virus-like organisms or diseases and has

been found to be free from them;

(bb) It shall have been checked and found to be substantially free from such viruses,

virus-like organisms or diseases since the beginning of the last cycle of

vegetation; and

(cc) In the case of grafting, it shall have been grafted onto rootstocks other than

those susceptible to viroids.

(d) (i) CAC material shall have adequate identity and purity relative to the genus or species in

question and also, without prejudice to the second sentence of subregulation 8(1), have

identity and purity as to the variety

(ii) In the case of commonly known varieties referred to in paragraph 8(2)(a), the official

denomination of the variety shall be used by the supplier.

(iii) In the case of varieties which are already the subject of an application for plants

breeders’ rights or an official registration referred to in paragraph 8(2)(a), the breeders’

reference or proposed name must be used until the authorisation is granted.

(iv) In the case of varieties entered on lists kept by supplie rs pursuant to paragraph 8(2)(b),

the requirement referred to in point (d)(i) hereof in respect of variety, shall be based on

the detailed descriptions given in the lists kept by suppliers.

(e) CAC material shall be substantially free from any defects likely to impair its quality as

propagation material or as fruit trees.

(f) In the case of pre-basic, basic and certified material, the requirements set out in points (c),

(d)(i) and (e) hereof are applicable in so far as the certification schemes referred to in point

(g) hereof do not impose more stringent conditions.

(g) Pre-basic, basic and certified material shall satisfy the conditions for each respective category

as laid down in the national schemes of certification provided that they comply, as far as

possible, with existing international schemes of certification.

(h) The labelling and sealing requirements of the material qualified as pre-basic, basic or

certified pursuant to paragraph 11(1)(b), are those laid down in the national schemes of

certific ation, referred to in point (g) of this Schedule. It shall be ensured that where such an

official label does not include all the information laid down in paragraph 1 of Schedule IV of

these regulations, with the exception of points (iv), (v) and (vii), that the information shall be

added. Furthermore, an indication as to whether the material is virus-free or virus-tested shall

also be given.

Schedule III

List of specific harmful organisms and diseases of quality-affecting significance

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Aleurothrixus floccosus (Mashell)

- Meloidogyne spp.

- Parabemisia myricae (Kuwana)

- Tylenchulus semipenetrans

Fungi

- Phytophthora spp.

Viruses and virus-like organisms, and in particular

- Citrus leaf rugose

Diseases that induce psorosis -like young leaves, symptoms such as

psorosis, ring spot, cristacortis, impietratura, concava gum

- Infectious variegation

- Viroids such as exocortis, cachexiaxyloporosis.

Insects, mites and nematodes at all stages of their development

- Epidiaspis leperii

- Eriophis avellanae

- Pseudaulacaspis pentagona

- Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Xanthomonas campestris pv. corylina

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Phyllactinia guttata

- Verticillium spp.

Viruses and virus-like organisms, in particular

- Apple mosaic virus

- Hazel maculatura lineare MLO

Insects, mites and nematodes at all stages of their development

- Anarsia lineatella

- Eriosoma lanigerum

- Scale insects in particular Epidiaspis leperii, Pseudaulacaspis

pentagona, Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Pseudomonas syringae pv. syringae

Specific harmful organisms and diseases

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Phytophthora spp.

- Rosellinia necatrix

- Verticillium spp.

Viruses and virus-like organisms

All.

Insects, mites and nematodes at all stages of their development

- Aphelenchoides spp.

- Ditylenchus dipsaci

- Tarsonemidae

Bacteria

- Phytophthora cactorum

- Verticillium spp.

Fungi

- Verticillium dahliae

Viruses and virus-like organisms, in particular

In particular Strawberry green petal MLO.

Insects, mites and nematodes at all stages of their development

- Scale insects in particular Epidiaspis leperii, Pseudaulacaspis

pentagona, Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Xanthomonas campestris pv. juglandi

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Phytophthora spp.

Viruses and virus-like organisms

- Cherry leaf roll virus.

Insects, mites and nematodes at all stages of their development

- Anarsia lineatella

- Eriosoma lanigerum

- Scale insects in particular Epidiaspis leperii, Pseudaulacaspis

pentagona, Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Pseudomonas syringae pv. syringae

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Phytophthora cactorum

- Rosellinia necatrix

- Venturia spp.

- Verticillium spp.

Viruses and virus-like organisms

All.

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Eusophera pinguis

- Meloidogyne spp.

- Saissetia oleae

Bacteria

- Pseudomonas syringae pv. savastanoi

Fungi

- Verticillium dahliae

Viruses and virus-like organisms

All.

Fungi

- Verticillium spp.

Viruses and virus-like organisms

All.

Insects, mites and nematodes at all stages of their development

- Aculops fockeui

- Capnodis tenebrionis

- Eriophyes similis

- Meloidogyne spp.

- Scale insects in particular Epidiaspis leperii, Pseudaulacaspis

pentagona, Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Pseudomonas syringae pv. mors prunorum

- Pseudomonas syringae pv. syringae

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Rosellinia necatrix

- Verticillium spp.

Viruses and virus-like organisms

- Prunus dwarf virus

- Prunus necrotic ringspot virus

Insects, mites and nematodes at all stages of their development

- Anarsia lineatella

- Capnodis tenebrionis

- Meloidogyne spp.

- Scale insects in particular Epidiaspis leperii, Pseudaulacaspis

pentagona, Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Pseudomonas syringae pv. mors prunorum

- Pseudomonas syringae pv. syringae

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Rosellinia necatrix

- Taphrina deformans

Specific harmful organisms and diseases

- Verticillium spp.

Viruses and virus-like organisms

- Prune dwarf virus

- Prunus necrotic ringspot virus.

Insects, mites and nematodes at all stages of their development

- Capnodis tenebrionis

- Meloidogyne spp.

- Scale insects in particular Epidiaspis leperii, Pseudaulacaspis

pentagona, Quadraspidiotus perniciosus

Bacteria

- Agrobacterium tumefaciens

- Pseudomonas syringae pv. mors prunorum

- Pseudomonas syringae pv. syringae

Fungi

- Armillariella mellea

- Chondrostereum purpureum

- Nectria galligena

- Rosellinia necatrix

- Verticillium spp.

Viruses and virus-like organisms

- Prune dwarf virus

- Prunus necrotic ringspot virus.

Insects, mites and nematodes at all stages of their development

- Aphelenchoides spp.

- Cecidophyopsis ribis

Bacteria

- Agrobacterium tumefaciens

Fungi

- Armillariella mellea

- Nectria cinnabarina

- Rosellinia necatrix

- Verticillium spp.

Viruses and virus-like organisms, in particular

- Black currant reversion

- Black currant infectious variegation agent

Insects, mites and nematodes at all stages of their development

- Aceria essigi

Bacteria

- Agrobacterium rhizogenes

- Agrobacterium tumefaciens

- Rhodococcus fascians

Fungi

- Armillariella mellea

- Didymelia applanata

- Peronospora rubi

- Phytophthora fragariae var. rubi

- Verticillium spp.

Viruses and virus-like organisms, in particular

- Raspberry bushy dwarf virus

- Raspberry leaf curl virus.

B

Schedule IV

Supplier's document

1. The supplier’s document in respect of CAC material referred to in paragraph 11(1)(a) shall be

of suitable material which has not previously been used and shall be printed in at least one of

the official languages of the Community. It shall contain the following information

(i)

indication ‘EC quality’;

(ii) indication of EU Member State code;

(iii) indication of the responsible official body or its distinguishing code;

(iv) registration or accreditation number;

(v) name of supplier;

(vi) individual serial, week or batch number;

(vii) date of issue of the supplier’s document;

(viii) botanical name;

(ix) denomination of the variety: in the case of rootstock, denomination of the variety or its

designation;

(x) quantity;

(xi) category; and

(xii) in the case of imports from third countries pursuant to subregulation 20(2), the name of

the country of harvesting.

2. Where material is accompanied by a plant passport, the plant passport may, if the supplier so

wishes, constitute the supplier’s document referred to in point 1. Nonetheless, the indication

“EC quality” and an indication as to the responsible official body must be given, and also a

reference of the denomination of the variety or rootstock and category. In the case of imports

from third countries pursuant to subregulation 20(2), the name of the country of harvesting

must also be given. This information may be on the same document as the plant passport but

must be clearly separated.

Schedule V

Implementation of meas ures concerning the supervision and monitoring

of suppliers and their establishments

(a) This Schedule lays down implementing measures concerning the supervision and monitoring

of suppliers and their establishments, other than those whose activity is confined to the

placing on the market of propagation material and fruit trees pursuant to subregulation 10(4),

in cases where the checks referred to in subregulation 9(2) are carried out by the suppliers

themselves or by an accredited supplier.

(b) The responsible official body shall carry out regularly, at least once a year at an appropriate

time, supervision and monitoring of suppliers and their establishments in order to ensure

continued compliance with the requirements laid down in these regulations , and in particular,

in respect of with the principles set out in paragraphs 9(2)(a) to (d) thereof, taking into

account the particular nature of the activity or activities of the supplier.

(c) As far as the identification of critical points in the production process referred to in paragraph

9(2)(a) and the keeping of records referred to in paragraph 9(2)(d) thereof are concerned, the

responsible official body shall supervise and monitor the supplier to ensure that the supplier

(i) continues to take into account the following critical points, where appropriate

- the quality of propagation material and fruit trees utilized to start the production

process,

- the sowing, pricking-out, potting-up, and planting of propagation material and fruit

plants,

- compliance with the conditions laid down in the Act,

- the cultivation plan and method,

- general crop care,

- the multiplication operations,

- the harvesting operations,

- hygiene,

- treatments,

- packaging,

- storage,

- transport, and

- administration;

(ii) keeps records, with a view to having complete information available for the responsible

official body on

(aa) plants or other objects

(1) purchased for storage or planting on the premises,

(2) under production, or

(3) dispatched to others;

and

(bb) any chemical treatments which have been applied to the plants, and that he or

she keeps related documents for at least one year;

(iii) is available personally or designates another person technically experienced in plant

production and related plant-health matters, to lia ise with the responsible official body;

B

(iv) carries out visual inspections as necessary and at appropriate times in a manner accepted

by the responsible official body;

(v) allows access by persons entitled to act for the responsible official body, in particular for

inspection and/or sampling purposes, and allows access to the records and related

documents referred to in point (b) of this Schedule ;

(vi) otherwise cooperates with the said body;

(d) As far as the establishment and implementation of methods for monitoring and checking the

critical points as referred to in paragraph 9(2)(b) are concerned, the responsible official body

shall supervise and monitor the supplier to ensure that, where appropriate, such methods

continue to be carried out, giving particular attention to

(i) The availability and actual use of methods for checking each of the critical points

mentioned in point (c) of this Schedule ;

(ii) The reliability of those methods;

(iii) Their suitability for an assessment of the content of the production and marketing

arrangements, including the administrative aspects; and

(iv) The competence of the supplier’s staff to carry out the checks.

(e) As far as the taking of samples for analysis in an accredited laboratory as referred to in

paragraph 9(2)(c) is concerned, the responsible official body shall supervise and monitor the

supplier to ensure, where appropriate, that

(i) Samples are taken during the various stages of the production process and in conformity

with the frequency as communicated to the responsible official body when the production

methods were verified at the time of accreditation;

(ii) Samples are taken in a technically correct manner and using a statistically reliable

procedure, taking into consideration the kind of analysis to be carried out;

(iii) The persons who take the samples are qualified to do so; and

(iv) The analysis of samples is carried out by a laboratory which is accredited for that purpose

pursuant to subregulation 10(2).

Schedule VI

Additional provisions for lists kept by suppliers

1. This Schedule establishes additional implementing provisions for lists of varieties of

propagation material of fruit trees and entire fruit trees as kept by suppliers pursuant to paragraph

8(2)(b).

2. The lists kept by suppliers shall include the following

(i) The name of the variety, together with its commonly known synonyms, where appropriate;

(ii) Indications as to the maintenance of the variety and propagation system applied;

(iii) Description of the variety at least on the basis of the characteristics and their expressions as

specified in Schedule VII;

(iv) If possible, indications as to how the variety differs from the other varieties most closely

resembling it.

Subparagraphs (ii) and (iv) above shall not apply to any supplier whose activity is confined to the

placing on the market of fruit plant propagation material or fruit plants.

B

Characteristics of

Citrus spp.

Ø Young shoot: anthocyanin colouration of tip (10 to 15cm from tip)

Absent

Present

Ø Fruit: shape of distal end

Depressed

Truncate

Rounded

Slightly nippled

Prominently nippled

Ø Fruit: colour of surface

Green

Green to yellow

Yellow

Yellow to orange

Orange

Orange to red

Pink

Red

Purple

Ø Time of maturity of fruit

Very early

Early

Medium

Late

Very late.

Corylus avellana L.

Ø Time of leaf bud burst (when two leaves appear out of the bud)

Very early

Very early to early

Early

Early to medium

Medium

Medium to late

Late

Late to very late

Very late

Ø Time of male flowering

Very early

Very early to early

Early

Early to medium

Medium

Medium to late

Late

Late to very late

Very late

Ø Time of female flowering

Very early

Very early to early

Early

Early to medium

Medium

Medium to late

Late

Late to very late

Very late

Ø Involu cre: length compared to fruit length

Short

Equal

Longer

Ø Involucre: indentation

Weak

Medium

Strong

Ø Involucre: serration of indentations

Weak

Medium

Strong

B

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: shape

Globular

Conical

Ovoid

Short subcylindrical

Long subcylindrical

Ø Time of ripening

Very early

Very early to early

Early

Early to medium

Medium

Medium to late

Late

Late to very late

Very late

Ø Fruit: percentage of kernel (by weight)

Very low

Low

Medium

High

Very high.

Cydonia Mill.

Ø Plant: habit

Erect

Semi-erect

Spreading

Ø Leaf blade: shape

Elliptic

Obovate

Ovate

Rounded

Ø Fruit: general shape

Globose

Ovate

Pyriform

Waisted

Irregular

Oblong.

B

Fragaria x ananassa Duch.

Ø Inflorescence: position relative to foliage

Beneath

Level with

Above

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: predominant shape

Kidney shape

Oblate

Round

Conical

Bi-conical

Almost cylindrical

Wedged

Ovoid

Cordate

Ø Fruit: colour

Whitish yellow

Light orange

Orange

Orange red

Red

Purple

Dark purple

Ø Time of ripening (50% of plants with ripe fruits)

Very early

Early

Medium

Late

Very late

Ø Type of bearing

Not remontant

Partially remontant

Fully remontant.

Juglans regia L.

Ø Time of bud burst

Very early

Very early to early

Early

Early to medium

Medium

Medium to late

Late

Late to very late

Very late

Ø Tree: type of female inflorescence

Single

Compound

Ø Tree: type of branching of female flowering branches

Indeterminate

Determinate

Ø Time of maturity

Early

Early to medium

Medium

Medium to late

Late.

B

Malus Mill.

Ø Tree: vigour

Weak

Medium

Strong

Ø Fruit: shape

Globose

Globose conical

Short globose conical

Flat

Flat globose (oblate)

Conical

Long conical

Truncate conical

Ellipsoid

Ellipsoid conical (ovate)

Oblong

Oblong conical

Oblong waisted

Ø Fruit: over colour of skin

Orange

Red

Purple

Brownish

Ø Time of beginning of flowering (10% open flowers)

Very early

Early

Medium

Late

Very late

Rootstock varieties

Ø Tree: vigour (in stool bed)

Weak

Medium

Strong

Ø Tree: number of basal shoots (in stool bed)

Very few

Few

Medium

Many

Very many.

Olea europea L.

Ø Fruit: shape

Elongated

Elliptic

Globose

Ø Fruit: mucron

Absent

Present

Ø Fruit: shape of base

Rounded

Truncate

Depressed

Ø Fruit: width of stalk cavity

Narrow

Medium

Broad.

B

Prunus amygdalus Batsch.

Ø Time of beginning of flowering

Very early

Very early to early

Early

Early to medium

Medium

Medium to late

Late

Late to very late

Very late

Ø Flower: colour of petals

White

Pink white

Pink

Dark pink

Ø Time of maturity

Very early

Early

Medium

Late

Very late

Ø Dry fruit: shape of apex

Flat

Rounded

Pointed

Ø Kernel: shape

Narrow elliptic

Elliptic

Broad elliptic

Very broad elliptic.

Prunus armeniaca L.

Ø Fruit: size

Small

Medium

Large

Ø Fruit: depth of pedicel cavity

Shallow

Medium

Deep

Ø Fruit: ground colour of skin

White

Cream to yellow

Light orange

Orange

Dark orange

Ø Fruit: colour of flesh

White

Cream

Light orange

Orange

Dark orange

Ø Time of beginning of flowering (when tree has some fully opened flowers)

Early

Medium

Late

Ø Time of maturity

Very early

Early

Medium

Late

Very late.

B

Prunus avium L. and Prunus cerasus L.

Ø Time of flowering

Very early

Early

Medium

Late

Very late

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: colour of skin

Yellow

Orange red

Vermilion on a pale yellow ground colour

Vermilion

Mahogany

Black

Ø Fruit: time of matur ity

Very early

Early

Medium

Late

Very late.

Prunus domestica L.

Ø Fruit: size (on physiologically ripe fruit)

Very small

Small

Medium

Large

Very large

Ø Fruit: general shape in profile (on physiologically ripe fruit)

Rounded flattened

Rounded

Oblong

Elongated

Ø Fruit: ground colour of skin (including its bloom; on physiologically ripe fruit)

Whitish (transparent)

Green

Yellowish green

Yellow

Orange yellow

Red

Purple

Violet blue

Ø Fruit: colour of flesh (on physiologically ripe fruit)

Whitish

Yellow

Yellowish green

Green

Orange

Red

Ø Stone: adherence to the flesh (on physiologically ripe fruit)

Non-adherent

Semi-adherent

Adherent

Ø Stone: size relative to fruit (on physiologically ripe fruit)

Small

Medium

Large

Ø Season of ripening

Very early

Early

Medium

Late

Very late.

B

Prunus persica (L.) Batsch.

Ø Tree: type

Normal

Spur

Ø Flowering shoot: anthocyanin colouration

Absent

Present

Ø Time of beginning of flowering

Very early

Early

Medium

Late

Very late

Ø Flower: shape

Rosaceous

Campanulate

Ø Petal: size

Very small

Small

Medium

Large

Very large

Ø Petiole: nectaries

Absent

Present

Ø Petiole: shape of nectaries

Round

Kidney-shaped

Ø Fruit: pubescence

Absent

Present

Ø Fruit: ground colour of flesh

White

Yellow to orange yellow

Red

Ø Stone: adherence to flesh

Absent

Present

Ø Time of maturity

Very early

Early

Medium

Late

Very late.

B

Prunus salicina L.

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: ground colour of skin

Whitish (transparent)

Green

Yellowish green

Yellow

Orange to yellow

Red

Purple

Violet blue

Dark blue

Ø Fruit: colour of flesh

Whitish

Yellow

Yellowish to green

Green

Orange

Red

Ø Time of flowering

Very early

Early

Medium

Late

Very late

Ø Time of ripening

Very early

Early

Medium

Late

Very late.

Pyrus communis L.

Ø Time of flowering (date of full flower)

Very early

Early

Medium

Late

Very late

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: shape in profile (in longitudinal section)

Concave

Straight

Convex

Ø Fruit: length relative to maximum diameter

Very short

Short

Intermediate

Elongate

Very elongate

Ø Fruit: ground colour of skin (at maturity)

Green

Yellowish green

Yellow

Red

Ø Fruit: length of stalk

Short

Medium

Long

Ø Season of maturity for picking

Very early

Early

Medium

Late

Very late.

B

Ribes silvestre Mert et Koch.

Ribes niveum Lindl. (red & white currant)

Ø Time of fruit ripening

Very early

Early

Medium

Late

Very late

Ø Fruit truss: length including stalk

Very short

Short

Medium

Long

Very long

Ø Berry: size

Very small

Small

Medium

Large

Very large

Ø Berry: colour

White

Whitish yellow

Pink

Red.

Ribes uva crispa L. (gooseberry)

Ø Plant: shape

Obovoid

Globose

Transverse ellipsoid

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: shape

Globose

Ellipsoid

Pyriform

Ø Fruit: colour

Yellow

Yellowish green

Green with a white tinge

Green

Red

Ø Time of fruit ripening

Very early

Early

Medium

Late

Very late.

B

Ribes nigrum L. (blackcurrant)

Ø Plant: ratio height/diameter

Low

Medium

High

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Time of fruit ripening

Very early

Early

Medium

Late

Very late.

Rubus subgenus Eubatus Sect. Moriferi and Ursini (blackberry) and hybrids

Ø Plant: growth habit

Erect

Erect to semi-erect

Semi-erect

Semi-erect to rambling

Rambling

Ø Dormant cane: prickles

Absent

Present

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Time of beginning of fruit ripening

Very early

Early

Medium

Late

Very late.

B

Rubus idaeus L. (raspberry)

Ø Plant: number of young shoots

Very few

Few

Medium

Many

Very many.

Only those varieties whose main fruiting is on the previous year’s cane in summer

Ø Dormant cane: colour

Greyish brown

Grayish brown to brown

Brown

Brown to purple brown

Purple brown

Ø Fruit: colour

Yellow

Pale red

Medium red

Dark red

Orange

Purple

Black

Ø Fruit: size

Very small

Small

Medium

Large

Very large

Ø Fruit: ratio length/width

As long as broad

Longer than broad

Much longer than broad

Ø Main fruiting

On previous year’s cane in summer

On current year’s cane in autumn

Ø Time of fruit ripening on previous year’s canes

Very early

Early

Medium

Late

Very late.