Regulations, 2017

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,792, 2 ta’ Ġunju, 2017

Taqsima B

L.N. 165 of 2017

PLANT QUARANTINE ACT

(CAP. 433)

Fruit Trees Propagating Material (Amendment No. 3)

Regulations, 2017

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

Quarantine Act, the Minister for Sustainable Development, the

Environment and Climate Change has made the following

regulations:-

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

Propagating Material (Amendment No. 3) Regulations, 2017, and scope.

these regulations shall be read and construed as one with the Fruit S.L. 433.08

Trees Propagating Material Regulations, hereinafter referred to as

"the principal regulations".

(2) The scope of these regulations is to transpose Commission

Implementing Directive 2014/98/EU 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.

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) immediately after the definition "basic material",

there shall be added the following new definition

" "basic mother plant" means a mother plant

intended for the production of basic material;";

(b) immediately after the new definition "basic mother

plant", there shall be added the following new definition

" "candidate pre-basic mother plant" means a

mother plant which the supplier intends to have accepted

as pre-basic mother plant;";

(c) immediately after the new definition "candidate pre-

basic mother plant", there shall be added the following new

definition

" "category" means pre-basic material, basic

material, certified material or CAC material;";

(d) immediately after the definition "certified material",

there shall be added the following new definition

" "certified mother plant" means a mother plant

intended for the production of certified material;";

(e) immediately after the definition "Conformitas

Agraria Communitatis material", there shall be added the

following new definition

" "cryopreservation" means the maintenance of

plant material by cooling to ultra-low temperatures, in

order to retain the viability of the material;";

(f)

immediately after the definition "fruit trees", there

shall be added the following new definition

" "fruiting plant" means a plant propagated from a

mother plant and grown for the production of fruit in order

to permit the verification of the varietal identity of that

mother plant;";

(g) immediately after the new definition "fruiting

plant", there shall be added the following new definition

" "laboratory" means any facility used for the

testing of propagating material and fruit plants;";

(h) immediately after the definition "marketing", there

shall be added the following new definition

" "micropropagation" means the multiplication of

plant material in order to produce a large number of plants,

using in vitro culture of differentiated vegetative buds or

differentiated vegetative meristems taken from a plant;

(i)

immediately

after

the

new

definition

"micropropagation", there shall be added the following new

definition

" "mother plant" means an identified plant from

which material is taken for propagation;";

(j)

immediately after the new definition "mother plant",

there shall be added the following new definition

" "multiplication" means vegetative production of

mother plants in order to obtain a sufficient number of

mother plants in the same category;

(k) immediately after the definition "official

inspection", there shall be added the following new definition

" "pest" means any species, strain or biotype of

plant, animal or pathogenic agent injurious to plants or

plant products and listed in Schedules A, B and C of

Schedule IV;";

(l)

immediately after the new definition "pest", there

shall be added the following new definition

" "practically free from defects" means that defects,

likely to impair the quality and usefulness of the

propagating material or fruit plants, are present at a level

equal to, or lower than, the level expected to result from

good cultivating and handling practices, and that level is

consistent with good cultivating and handling practices;";

(m) immediately after the new definition "practically

free from defects", there shall be added the following new

definition

" "practically free from pests" means that the extent

to which pests are present on the propagating material or

fruit plants is sufficiently low to ensure acceptable quality

and usefulness of the propagating material;";

(n) immediately after the definition "pre-basic

material", there shall be added the following new definition

" "pre-basic mother plant" means a mother plant

intended for the production of pre-basic material;";

(o) immediately after the definition "propagation

material", there shall be added the following new definition

" "renewal of a mother plant" means replacing a

mother plant by a plant vegetatively produced from it;";

(p) immediately after the definition "supplier", there

shall be added the following new definition

" "test" means examination, other than visual

inspection;

(q)

immediately after the definition "variety", there

shall be added the following new definition

" "visual inspection" means the examination of

plants or parts of plants using the unaided eye, lens,

stereoscope or microscope;".

Sub-regulation (1) of regulation 5 of the principal

regulations shall be substituted by the following

"(1) Specific requirements for each genus or species

listed in Schedule I have been established in Schedule IV,

specifying

(a) the conditions with which CAC material must

comply, in particular those relating to the propagation

system applied, to the purity of the growing crop, plant

health, 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

(including, for pre-basic and basic material, methods for

the maintenance of the identity of the variety and, where

applicable, of the clone, including the relevant

pomological characteristics), 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;

(c) the conditions with which rootstocks and

other parts of plants of genera or species other than those

listed in Schedule I, or their hybrids, must comply if

propagation material of the genus or species listed in

Schedule I or their hybrids is grafted onto them.".

Sub-regulation (5) of regulation 7 of the principal

regulations shall be substituted by the following

"(5) Detailed rules for the application of sub-regulation

(1) are provided in Schedule III and the rules for the application

of sub-regulation (2) are provided in Schedule IV.".

Sub-regulation (1) of regulation 12 of the principal

regulations shall be substituted by the following

"(1) The responsible official body shall ensure that

propagation material and fruit trees are officially inspected

during production and marketing to verify compliance with the

requirements and conditions set out in these regulations. To this

effect, the responsible official body shall have free access to all

parts of premises of suppliers at all reasonable times. Detailed

rules for the application of this sub-regulation have been

established in Schedule IV.".

Immediately after Schedule III to the principal regulations, Adds new

schedule to the

there shall be added the following new schedule

principal

regulations.

"SCHEDULE IV

SECTION I

General provisions

1. (1) The responsible official body shall ensure that

propagating material and fruit plants belonging to the genera and

species listed in Schedule I comply, during production and marketing,

with points 2 to 26 of this Schedule.

(2) The responsible official body shall ensure that, during

production of propagating material and fruit plants belonging to the

genera and species listed in Schedule I, suppliers comply with the

requirements set out in points 27 and 28.

(3) The responsible official body shall ensure that, during

production and marketing, propagating material and fruit plants,

belonging to the genera and species listed in Schedule I, are officially

inspected in accordance with point 29.

(4) Propagating material that fulfils the requirements of a

certain category shall not be mixed with material of other categories.

SECTION II

PART I

Requirements for pre-basic material

Requirements for certification of pre-basic material

2. (1) Propagating material, other than mother plants and

other than rootstocks not belonging to a variety, shall, on request, be

officially certified as pre-basic material if it has been found to fulfil

the following requirements

(a)

it is directly propagated from a mother plant in

accordance with point 12 or point 13;

(b) it is true to the description of its variety and its

trueness to the description of the variety is verified pursuant to

point 6;

(c)

it is maintained pursuant to point 7;

(d)

it complies with the health requirements of point 9;

(e)

where the European Commission has granted a

derogation pursuant to point 7(4) to grow pre-basic mother

plants and pre-basic material in the field under non-insect proof

conditions, the soil complies with point 10;

(f)

it complies with point 11 concerning defects.

(2) The mother plant referred to in paragraph (1)(a) shall

either have been accepted in accordance with point 4, or have been

obtained by multiplication in accordance with point 12 or

micropropagation in accordance with point 13.

(3) Where a pre-basic mother plant or pre-basic material no

longer fulfils the requirements of points 7 to 11, the supplier shall

remove it from the vicinity of other pre-basic mother plants and pre-

basic material. That removed mother plant or material may be used as

basic, certified or CAC material provided that it fulfils the

requirements set out in these regulations for the respective categories.

Instead of removing that mother plant or that material, the

supplier may take appropriate measures in order to ensure that that

mother plant or that material complies with those requirements again.

Requirements for the certification of rootstocks not belonging

to a variety as pre-basic material

3. (1) A rootstock not belonging to a variety, shall, on

request, be officially certified as pre-basic material if it has been

found to fulfil the following requirements

(a) it is directly propagated, by vegetative or sexual

propagation from a mother plant; in the case of sexual

propagation pollinating trees (pollenisers) are directly produced

by vegetative propagation from a mother plant;

(b)

it is true to the description of its species;

(c)

it is maintained pursuant to point 7;

(d)

it complies with the health requirements of point 9;

(e)

where the European Commission has granted a

derogation pursuant to point 7(4) to grow pre-basic mother

plants and pre- basic material in the field under non-insect proof

conditions, the soil complies with point 10;

(f)

it complies with point 11 concerning defects.

(2) The mother plant referred to in paragraph (1)(a) shall

either have been accepted in accordance with point 4, or have been

obtained by multiplication in accordance with point 12 or

micropropagation in accordance with point 13.

(3) Where a rootstock which is a pre-basic mother plant or

pre-basic material no longer fulfils the requirements of points 7 to 11,

the supplier shall remove it from the vicinity of other pre-basic

mother plants and pre-basic material. That removed rootstock may be

used as basic, certified or CAC material provided that it fulfils the

requirements set out in this Schedule for the respective categories.

Instead of removing that rootstock, the supplier may take

appropriate measures in order to ensure that that rootstock complies

with those requirements again.

Requirements for the acceptance of a pre-basic mother plant

4. (1) The responsible official body shall accept a plant as

a pre-basic mother plant if it complies with points 6 to 11, and if its

trueness to the description of its variety is established in accordance

with paragraphs (2) to (4).

That acceptance shall take place on the basis of an official

inspection and the testing results, records and procedures pursuant to

point 29.

(2) The responsible official body shall establish the trueness of

the pre-basic mother plant to the description of its variety by the

observation of the expression of the characteristics of the variety.

That observation shall be based on one of the following elements

(a)

the official description for varieties registered in any

of the national registers, and for varieties legally protected by a

plant variety right;

(b) the description accompanying the application for

varieties which are the subject of an application for registration

in any Member State, as referred to in Article 5(1) of

Commission Implementing Directive 2014/97/EU;

(c)

the description accompanying the application for

varieties which are the subject of an application for registration

of a plant variety right;

(d) the officially recognised description, if the variety

subject to that description is registered in a national register.

(3) Where sub-paragraphs (b) or (c) of paragraph (2) applies,

the pre-basic mother plant shall only be accepted if a report, produced

by any responsible official body in the Union or in a third country, is

available proving that the respective variety is distinct, uniform and

stable. However, pending the registration of the variety, the mother

plant concerned and the material produced from it may only be used

for the production of basic or certified material and shall not be

marketed as pre-basic, basic or certified material.

(4) Where the establishment of the trueness to the description

of the variety is only possible on the basis of the characteristics of a

fruiting plant, the observation of the expression of the characteristics

of the variety shall be carried out on the fruits of a fruiting plant

propagated from the pre-basic mother plant. Those fruiting plants

shall be kept separate from the pre-basic mother plants and pre-basic

material.

Fruiting plants shall be visually inspected in the most

appropriate periods of the year taking into account climatic and

growing conditions of plants of the genera or species concerned.

Requirements for the acceptance of a rootstock not belonging

to a variety

5. (1) The responsible official body shall accept a

rootstock not belonging to a variety as a pre-basic mother plant if it is

true to the description of its species and if it complies with points 7 to

That acceptance shall take place on the basis of an official

inspection and the testing results, records and procedures used by the

supplier pursuant to point 29.

Verification of trueness to the description of the variety

6. (1) The responsible official body and, where

appropriate, the supplier shall regularly verify the trueness of pre-

basic mother plants and of pre-basic material to the description of

their variety, in accordance with points 4(2) and (3), as appropriate

for the variety concerned and the propagation method used.

In addition to the regular verification of pre-basic mother plants

and pre-basic material, the responsible official body and, where

appropriate, the supplier shall, after each renewal, verify the pre-basic

mother plants resulting from it.

Requirements concerning the maintenance of pre-basic mother plants

and pre-basic material

7. (1) The suppliers shall maintain pre-basic mother plants

and pre-basic material in facilities, which are designated for the

genera or species concerned and which are insect proof and ensure

freedom from infection through aerial vectors and any other possible

sources throughout the production process.

Candidate pre-basic mother plants shall be kept under insect

proof conditions, and physically isolated from pre-basic mother

plants in the facilities referred to in the first sub-paragraph, until all

tests concerning compliance with points 8(1) and (2) have been

concluded.

(2) Pre-basic mother plants and pre-basic material shall be

maintained in a manner that ensures that they are individually

identified throughout the production process.

(3) Pre-basic mother plants and pre-basic material shall be

grown or produced, isolated from the soil, in pots of soil-free or of

sterilised growing media. They shall be identified by labels ensuring

their traceability.

(4) By way of derogation from paragraphs (1) to (3), Malta

may be granted authorisation to produce pre-basic mother plants and

pre-basic material in the field under non-insect proof conditions for

specific genera or species. Such material shall be identified by labels

to ensure its traceability. That authorisation shall be granted provided

that Malta ensures that appropriate measures are taken to prevent

infection of the plants by aerial vectors, root contact, cross infection

by machinery, grafting tools and any other possible sources.

(5) Pre-basic mother plants and pre-basic material may be

maintained by cryopreservation.

(6) Pre-basic mother plants may only be used for a period

calculated on the basis of the stability of the variety or the

environmental conditions under which they are grown and any other

determinants having an impact on the stability of the variety.

Health requirements for candidate pre-basic mother plants and for

pre-basic mother plants produced by renewal

8. (1) A candidate pre-basic mother plant shall be free

from the pests listed in Schedule A, as regards the genus or species

concerned.

The candidate pre-basic mother plant concerned shall, by visual

inspection in the facilities and fields be found free from the pests

listed in Schedule A, as regards the genus or species concerned.

That visual inspection shall be carried out by the responsible

official body and, where appropriate, the supplier.

In case of doubts concerning the presence of those pests, the

responsible official body and, where appropriate, the supplier shall

carry out sampling and testing of the candidate pre-basic mother plant

concerned.

(2) A candidate pre-basic mother plant shall be free from the

pests listed in Schedule B, as regards the genus or species concerned.

The candidate pre-basic mother plant concerned shall, by visual

inspection in the facilities and fields, and by sampling and testing, be

found free from the pests listed in Schedule B, as regards the genus or

species concerned.

That visual inspection, sampling and testing shall be carried out

by the responsible official body and, where appropriate, the supplier.

That sampling and testing shall take place in the most

appropriate period of the year taking into account the climatic

conditions and the growing conditions of the plant and the biology of

the pests relevant for that plant. Sampling and testing shall also take

place at any time of the year in case of doubts concerning the

presence of those pests.

(3) As regards the sampling and testing, as provided for in

paragraphs (1) and (2), the responsible official body shall apply

protocols of the European and Mediterranean Plant Protection

Organization (EPPO) or other protocols which are internationally

recognised. Where such protocols do not exist, the responsible

official body shall apply the relevant protocols established at national

level. In that case, Malta shall, on request, make available those

protocols to the other Member States and to the European

Commission.

The responsible official body and, where appropriate, the

supplier shall submit the samples to laboratories officially accepted

by the responsible official body.

The testing method for viruses, viroids, virus-like diseases and

phytoplasmas applied to candidate pre-basic mother plants shall be

biological indexing on indicator plants. Other test methods may be

applied in case the responsible official body considers, on the basis of

peer reviewed scientific evidence, to produce results as reliable as

biological indexing on indicator plants.

(4) By way of derogation from paragraph (2), where a

candidate pre-basic mother plant is a seedling, visual inspection,

sampling and testing shall only be required in respect of viruses,

viroids or virus-like diseases transmitted by pollen and listed in

Schedule B, as regards the genus or species concerned, provided that

an official inspection has confirmed that the seedling concerned was

grown from a seed produced by a plant free from symptoms caused

by those viruses, viroids and virus-like diseases and that that seedling

has been maintained in accordance with points 7(1) and (3).

(5) Paragraphs (1) and (3) shall also apply to a pre-basic

mother plant produced by renewal.

A pre-basic mother plant produced by renewal shall be free

from the viruses and viroids listed in Schedule B, as regards the genus

or species concerned.

That pre-basic mother plant shall, by visual inspection in the

facilities, fields and lots, and by sampling and testing, be found free

from those viruses and viroids.

That visual inspection, sampling and testing shall be carried out

by the responsible official body and, where appropriate, the supplier.

Health requirements for pre-basic mother plants and

for pre-basic material

9. (1) A pre-basic mother plant or pre-basic material shall

be free from the pests listed in Part 1 of Schedule A and Schedule B,

as regards the genus or species concerned.

The pre-basic mother plant or the pre-basic material concerned

shall, by visual inspection in the facilities, fields and lots, be found

free from the pests listed in Part 1 of Schedule A and Schedule B, as

regards the genus or species concerned. That visual inspection shall

be carried out by the responsible official body and, where appropriate,

the supplier.

The percentage of pre-basic mother plants or pre-basic material,

which is infested by the pests listed in Part 2 of Schedule A, shall not

exceed the tolerance levels as set out therein. The pre-basic mother

plants or the pre-basic material concerned shall, by visual inspection

in the facilities, fields and lots, be found to comply with those levels.

That visual inspection shall be carried out by the responsible official

body and, where appropriate, the supplier.

In case of doubts concerning the presence of those pests, the

responsible official body and, where appropriate, the supplier shall

carry out sampling and testing of the pre-basic mother plant or pre-

basic material concerned.

(2) The responsible official body and, where appropriate, the

supplier shall carry out visual inspection, sampling and testing of a

pre-basic mother plant or pre-basic material, as set out in Schedule D

as regards the genus or species concerned.

(3) As regards sampling and testing, as provided for in

paragraph (1), the responsible official body shall apply protocols of

EPPO, or other protocols which are internationally recognised. Where

such protocols do not exist, the responsible official body shall apply

the relevant protocols established at national level. In that case, the

responsible official body shall, on request, make available those

protocols to the other Member States and to the European

Commission. The responsible official body and, where appropriate,

the supplier shall submit the samples to laboratories officially

accepted by the responsible official body.

(4) Paragraph (1) shall not apply to pre-basic mother plants

and pre-basic material during cryopreservation.

Soil requirements

10. (1) Pre-basic mother plants and pre-basic material may

only be grown in soil that is free from any pests which are listed in

Schedule C, for the genus or species concerned, and which host

viruses affecting that genus or species. Freedom from such pests shall

be established by sampling and testing.

That sampling shall be carried out by the responsible official

body and, where appropriate, the supplier.

That sampling and testing shall be carried out before the pre-

basic mother plants or the pre-basic material concerned is planted,

and it shall be repeated during growth where there is suspicion

concerning the presence of the pests referred to in sub-paragraph (1).

That sampling and testing shall be carried out taking into

account the climatic conditions and the biology of the pests listed in

Schedule C, and where those pests are relevant for the pre-basic

mother plants or the pre-basic material concerned.

(2) Sampling and testing shall not be carried out where plants

which are hosts for the pests listed in Schedule C, for the genus or

species concerned, have not been grown in the soil of production for a

period of at least five years and where there is no doubt concerning

the absence of the relevant pests in that soil.

Sampling and testing shall not be carried out when the

responsible official body concludes on the basis of an official

inspection that the soil is free from any pests which are listed in

Schedule C, for the genus or species concerned, and which host

viruses affecting that genus or species.

(3) In the case of sampling and testing as referred to in

paragraph (1), the responsible official body shall apply protocols of

the EPPO, or other protocols which are internationally recognised.

Where such protocols do not exist, the responsible official body shall

apply the relevant protocols established at national level. In that case,

the responsible official body shall, on request, make available those

protocols to the other Member States and to the European

Commission.

Requirements concerning defects likely to impair quality

11. Pre-basic mother plants and pre-basic material shall be

found practically free from defects on the basis of visual inspection.

That visual inspection shall be carried out by the responsible official

body and, where appropriate, the supplier. Injuries, discoloration, scar

tissues or desiccation shall be considered as defects, if they affect the

quality and usefulness as propagating material.

Requirements concerning multiplication, renewal and propagation

of pre-basic mother plants

(1) The supplier may multiply or renew a pre-basic

mother plant accepted in accordance with point 4(1).

(2) The supplier may propagate a pre-basic mother plant to

produce pre-basic material.

(3) Multiplication, renewal and propagation of pre-basic

mother plants shall take place in accordance with the protocols

referred to in paragraph (4).

(4) The responsible official body shall apply protocols

concerning multiplication, renewal and propagation of pre-basic

mother plants. The responsible official body shall apply protocols of

EPPO, or other protocols which are internationally recognised. Where

such protocols do not exist, the responsible official body shall apply

relevant protocols established at national level. In that case, the

responsible official body shall, on request, make available those

protocols to the other Member States and to the European

Commission.

The protocols referred to in sub-paragraph (1) of this paragraph

shall have been tested on the relevant genera or species for a period of

time considered appropriate for those genera or species. That period

of time shall be considered appropriate when it allows phenotype

validation of the plants as regards the trueness to the description of

the variety based on the observation of the fruit production or of the

vegetative development of rootstocks.

(5) The supplier may only renew the pre-basic mother plant

before the end of the period referred to in point 7(6).

Requirements concerning multiplication, renewal and propagation

by micropropagation of pre-basic mother plants

(1) In the case of multiplication, renewal and

propagation by micropropagation of pre-basic mother plants, for the

production of other pre-basic mother plants or pre-basic material, it

shall take place in accordance with the protocols set out in paragraph

(2).

(2) The responsible official body shall apply protocols

concerning micropropagation of pre-basic mother plants and pre-

basic material which are protocols of EPPO, or other protocols which

are internationally recognised. Where such protocols do not exist, the

responsible official body shall apply relevant protocols established at

national level. In that case, the responsible official body shall, on

request, make available those protocols to the other Member States

and to the European Commission.

The responsible official body shall only apply protocols which

have been tested on the relevant genus or species for a period of time

considered sufficient to allow phenotype validation of the plants as

regards the trueness to the description of the variety based on the

observation of the fruit production or of the vegetative development

of rootstocks.

PART II

Requirements for basic material

Requirements for the certification of basic material

(1) Propagating material, other than basic mother plants

and other than rootstocks not belonging to a variety, shall, on request,

be officially certified as basic material if it fulfils the requirements of

paragraphs (2) to (4).

(2) The propagating material shall be propagated from a basic

mother plant.

A basic mother plant shall fulfil one of the following

requirements

(a)

be grown from pre-basic material; or

(b) be produced by multiplication from a basic mother

plant in accordance with point 18.

(3) The propagating material shall fulfil the requirements set

out in point 6, point 7(6) and point 11.

(4) The propagating material shall fulfil the additional

requirements concerning

(a)

health, as set out in point 15;

(b)

soil, as set out in point 16;

(c)

maintenance of basic mother plants and basic

material as set out in point 17; and

(d)

specific conditions for propagation, as set out in

point 18.

(5) A rootstock not belonging to a variety, shall, on request, be

officially certified as basic material if it is true to the description of its

species, it fulfils the requirements set out in points 7(2) and (6), and

the additional requirements of points 11, 15, 16, 17 and 18.

(6) For the purpose of this Part, any reference in the provisions

referred to in paragraphs (3) and (5) to pre-basic mother plants shall

be construed as reference to basic mother plants, and any reference to

pre-basic material shall be construed as reference to basic material.

(7) Where a basic mother plant or basic material no longer

fulfils the requirements of point 6, points 7(2) and (6) and points 11,

15 and 16, the supplier shall remove it from the vicinity of other basic

mother plants and basic material. That removed mother plant or

material may be used as certified or CAC material provided that it

fulfils the requirements set out in this Schedule for the respective

categories. Instead of removing that mother plant or that material, the

supplier may take appropriate measures in order to ensure that that

mother plant or that material complies with those requirements again.

(8) Where a rootstock not belonging to a variety is a basic

mother plant or basic material that no longer fulfils the requirements

of points 7(2) and (6) and points 11, 15 and 16, the supplier shall

remove it from the vicinity of other basic mother plants and basic

material. That removed rootstock may be used as certified or CAC

material provided that it fulfils the requirements set out in this

Schedule concerning the respective categories.

Instead of removing that rootstock, the supplier may take

appropriate measures in order to ensure that that rootstock complies

with those requirements again.

Health requirements

(1) A basic mother plant or basic material shall be free

from the pests listed in Part 1 of Schedule A and Schedule B, as

regards the genus or species concerned.

The basic mother plant or the basic material concerned shall, by

visual inspection in the facilities, fields and lots, be found free from

the pests listed in Part 1 of Schedule A and Schedule B, as regards the

genus or species concerned. That visual inspection shall be carried

out by the responsible official body and, where appropriate, the

supplier.

The percentage of basic mother plants or basic material, which

is infested by the pests listed in Part 2 of Schedule A, shall not exceed

the tolerance levels as set out therein. The basic mother plants or the

basic material concerned shall, by visual inspection in the facilities,

fields and lots, be found to comply with those levels. That visual

inspection shall be carried out by the responsible official body and,

where appropriate, the supplier.

In case of doubts concerning the presence of those pests, the

responsible official body and, where appropriate, the supplier shall

carry out sampling and testing of the basic mother plant or basic

material concerned.

(2) The responsible official body and, where appropriate, the

supplier shall carry out visual inspection, sampling and testing of a

basic mother plant or basic material, as set out in Schedule D as

regards the genus or species concerned.

(3) As regards sampling and testing, as provided for in

paragraph (1), the responsible official body shall apply protocols of

EPPO, or other protocols which are internationally recognised. Where

such protocols do not exist, the responsible official body shall apply

the relevant protocols established at national level. In that case, the

responsible official body, on request, make available those protocols

to the other Member States and to the Commission.

The responsible official body and, where appropriate, the

supplier shall submit the samples to laboratories officially accepted

by the responsible official body.

(4) Paragraph (1) shall not apply to basic mother plants and

basic material during cryopreservation.

Soil requirements

(1) Basic mother plants and basic material may only be

grown in soil that is free from any pests which are listed in Schedule

C, for the genus or species concerned, and which host viruses

affecting that genus or species. Freedom of such pests hosting viruses

shall be established by sampling and testing.

That sampling shall be carried out by the responsible official

body and, where appropriate, the supplier.

That sampling and testing shall be carried out before the basic

mother plants or the basic material concerned is planted and it shall

be repeated during growth where there is suspicion concerning the

presence of the pests referred to in sub-paragraph (1).

That sampling and testing shall be carried out taking into

account the climatic conditions and the biology of the pests listed in

Schedule C, and where those pests are relevant for the basic mother

plants or the basic material concerned.

(2) Sampling and testing shall not be carried out where plants

which are hosts for the pests listed in Schedule C, for the genus or

species concerned, have not been grown in the soil of production for a

period of at least five years and where there is no doubt concerning

the absence of the relevant pests in that soil.

Sampling and testing shall not be carried out when the

responsible official body concludes on the basis of an official

inspection that the soil is free from any pests which are listed in

Schedule C, for the genus or species concerned, and which host

viruses affecting that genus or species.

(3) In the case of sampling and testing as referred to in

paragraph (1), the responsible official body shall apply protocols of

EPPO, or other protocols which are internationally recognised. Where

such protocols do not exist, the responsible official body shall apply

the relevant protocols established at national level. In that case, the

responsible official body shall, on request, make available those

protocols to the other Member States and to the European

Commission.

Requirements concerning the maintenance of basic mother plants

and basic material

(1) Basic mother plants and basic material shall be

maintained in fields isolated from potential sources of infection by

aerial vectors, root contact, cross infection by machinery, grafting

tools and any other possible sources.

(2) The isolation distance of the fields referred to in paragraph

(1) shall depend on regional circumstances, the type of propagating

material, the presence of pests in the area concerned and the relevant

risks involved as set out by the responsible official body based on

official inspection.

Conditions for multiplication

(1) The basic mother plants which are grown from pre-

basic material within the meaning of point 14(2)(a) may be multiplied

in a number of generations to obtain the necessary number of basic

mother plants. The basic mother plants shall be multiplied in

accordance with point 12 or shall be multiplied by micropropagation

in accordance with point 13. The maximum permitted number of

generations, and the maximum permitted life span of basic mother

plants, shall be as set out in Schedule E for the relevant genera or

species.

(2) Where multiple generations of basic mother plants are

permitted, each generation, other than the first one, may derive from

any previous generation.

(3) Propagating material of different generations shall be kept

separately.

PART III

Requirements for certified material

Requirements for certification of certified material

(1) Propagating material, other than mother plants, and

fruit plants shall, on request, be officially certified as certified

material if they fulfil the requirements set out in paragraphs (2) to (4).

(2) The propagating material, and fruit plants, shall be

propagated from a certified mother plant.

A certified mother plant shall fulfil one of the following

requirements

(a)

be grown from pre-basic material;

(b)

be grown from basic material.

(3) The propagating material, and fruit plants, shall fulfil the

requirements set out in points 6, 7(6) and points 11, 20 and 21.

(4) The propagating material, and fruit plants, shall fulfil the

health requirements set out in point 20.

The propagating material and fruit plants shall be propagated

from a certified mother plant which fulfils the soil requirements of

point 21.

(5) A rootstock not belonging to a variety, shall, on request, be

officially certified as certified material if it is true to the description

of its species, it fulfils the requirements set out in point 7(6) and the

additional requirements of points 11, 20 and 21.

(6) For the purpose of this Part, any reference in the provisions

referred to in paragraphs (3) and (5) to pre-basic mother plants shall

be construed as reference to certified mother plants, and any reference

to pre-basic material shall be construed as reference to certified

material.

(7) Where a certified mother plant or certified material no

longer fulfils the requirements of point 6, point 7(6) and points 11, 20

and 21, the supplier shall remove it from the vicinity of other certified

mother plants and certified material. That removed mother plant or

material may be used as CAC material provided that if fulfils the

requirements set out in Part IV.

Instead of removing that mother plant or that material, the

supplier may take appropriate measures in order to ensure that that

mother plant or that material complies with those requirements again.

(8) Where a rootstock not belonging to a variety is a certified

mother plant or certified material that no longer fulfils the

requirements of points 7(6) and points 11, 20 and 21, the supplier

shall remove it from the vicinity of other certified mother plants and

certified material. That removed mother plant or material may be

used as CAC material provided that it fulfils the requirements set out

in Part IV.

Instead of removing that rootstock, the supplier may take

appropriate measures in order to ensure that that rootstock complies

with those requirements again.

Health requirements

(1) A certified mother plant or certified material shall be

free from the pests listed in Part 1 of Schedule A and Schedule B, as

regards the genus or species concerned.

The certified mother plant or the certified material concerned

shall, by visual inspection in the facilities, fields and lots, be found

free from the pests listed in Part 1 of Schedule A and Schedule B, as

regards the genus or species concerned. That visual inspection shall

be carried out by the responsible official body and, where appropriate,

the supplier.

The percentage of certified mother plants or certified material,

which is infested by the pests listed in Part 2 of Schedule A, shall not

exceed the tolerance levels as set out therein. The certified mother

plants or the certified material concerned shall, by visual inspection

in the facilities, fields and lots, be found to comply with those levels.

That visual inspection shall be carried out by the responsible official

body and, where appropriate, the supplier.

In case of doubts concerning the presence of those pests, the

responsible official body and, where appropriate, the supplier shall

carry out sampling and testing of the certified mother plant or

certified material concerned.

(2) The responsible official body and, where appropriate, the

supplier shall carry out visual inspection, sampling and testing of a

certified mother plant or certified material, as set out in Schedule IV

as regards the genus or species concerned.

(3) As regards sampling and testing, as provided for in

paragraph (1), the responsible official body shall apply protocols of

EPPO, or other protocols which are internationally recognised. Where

such protocols do not exist, the responsible official body shall apply

the relevant protocols established at national level. In that case, the

responsible official body shall, on request, make available those

protocols to the other Member States and to the European

Commission.

The responsible official body and, where appropriate, the

supplier shall submit the samples to laboratories officially accepted

by the responsible official body.

(4) Paragraph (1) shall not apply to certified mother plants and

certified material during cryopreservation.

Soil requirements

(1) Certified mother plants may only be grown in soil

that is free from any pests which are listed in Schedule C, for the

genus or species concerned, and which host viruses affecting that

genus or species. Freedom of such pests hosting viruses shall be

established by sampling and testing.

That sampling shall be carried out by the responsible official

body and, where appropriate, the supplier.

That sampling and testing shall be carried out before the

certified mother plant concerned is planted, and it shall be repeated

during growth where there is suspicion concerning the presence of the

pests referred to in sub-paragraph (1).

That sampling and testing shall be carried out taking into

account the climatic conditions and the biology of the pests listed in

Schedule C, and where those pests are relevant for the certified

mother plants or the certified material concerned.

(2) Sampling and testing shall not be carried out where plants

which are hosts for the pests listed in Schedule C, for the genus or

species concerned, have not been grown in the soil of production for a

period of at least five years and where there is no doubt concerning

the absence of the relevant pests in that soil.

Sampling and testing shall not be carried out when the

responsible official body concludes on the basis of an official

inspection that the soil is free from any pests which are listed in

Schedule III, for the genus or species concerned, and which host

viruses affecting that genus or species.

Sampling and testing shall not be carried out in the case of

certified fruit plants.

(3) In the case of sampling and testing as referred to in

paragraph (1), the responsible official body shall apply protocols of

EPPO, or other protocols which are internationally recognised. Where

such protocols do not exist, the responsible official body shall apply

the relevant protocols established at national level. In that case, the

responsible official body shall, on request, make available those

protocols to the other Member States and to the European

Commission.

PART IV

Requirements for CAC material

Conditions for CAC material, other than rootstocks not belonging

to a variety

(1) CAC material, other than rootstocks not belonging

to a variety, may only be marketed if it has been found to fulfil the

following requirements

(a)

it is propagated from an identified source of material

recorded by the supplier;

(b) it is true to the description of the variety, in

accordance with point 24;

(c)

it complies with the health requirements of point 25;

(d)

it complies with point 26 concerning defects.

(2) The actions to comply with paragraph (1) shall be carried

out by the supplier.

(3) In case CAC material no longer complies with paragraph

(1), the supplier shall carry out one of the following actions

(a)

remove that material, from the vicinity of other CAC

material; or

(b) take appropriate measures to ensure that that

material complies with those requirements again.

Conditions for CAC material in the case of rootstocks

not belonging to a variety

(1) In the case of rootstocks not belonging to a variety,

CAC material shall comply with the following requirements

(a)

it is true to the description of its species;

(b)

it complies with the health requirements of point 25;

(c)

it complies with point 26 concerning defects.

(2) The actions to comply with the requirements of paragraph

(1) shall be carried out by the supplier.

(3) In case CAC material no longer complies with the

requirements of paragraph (1) the supplier shall carry out one of the

following actions

(a)

remove that material, from the vicinity of other CAC

material; or

(b) take appropriate measures to ensure that that

material complies with those requirements again.

Trueness to the description of the variety

(1) The trueness of CAC material to the description of

its variety shall be established by the observation of the expression of

the characteristics of the variety. That observation shall be based on

one of the following elements

(a)

the official description for registered varieties, as

referred to in Implementing Directive 2014/97/EU and for

varieties legally protected by a plant variety right; or

(b) the description accompanying the application for

varieties which are the subject of an application for registration

in any Member State, as referred to in Implementing Directive

2014/97/EU;

(c)

the description accompanying the application for a

plant variety right;

(d) the officially recognised description of a variety as

referred to in sub-regulation (2)(c)(iii) of regulation 6 of these

regulations.

(2) The trueness of the CAC material to the description of its

variety, shall be regularly verified through the observation of the

expression of the characteristics of the variety in the CAC material

concerned.

Health requirements

(1) CAC material shall be practically free from the pests

listed in Schedule A and Schedule B, as regards the genus or species

concerned.

The CAC material concerned shall, by visual inspection carried

out by the supplier in the facilities, fields and lots, be found

practically free from the pests listed Schedule A and Schedule B, as

regards the genus or species concerned.

In case of doubts concerning the presence of those pests, the

supplier shall carry out sampling and testing of the CAC material

concerned.

(2) The supplier shall carry out visual inspection, sampling

and testing of CAC material, as set out in Schedule D as regards the

genus or species concerned.

(3) Paragraph (1) shall not apply to CAC material during

cryopreservation.

(4) In addition to the requirements of paragraphs (1) and (2),

CAC material that belongs to the species Citrus L., Fortunella

Swingle and Poncirus Raf. shall comply with all of the following

requirements

(a)

it shall be produced from an identified source of

material, and that source of material shall be found free, on the

basis of sampling and testing, from the pests as listed for those

species, in Schedule B;

(b) since the beginning of the last cycle of vegetation it

shall be found practically free, on the basis of visual inspection,

sampling and testing, from the pests as listed in Schedule B, as

regards species concerned.

Requirements concerning defects

CAC material shall be found practically free from defects,

on the basis of visual inspection. Injuries, discoloration, scar tissues

or desiccation shall be considered as defects, if they affect the quality

and usefulness as propagating material.

SECTION III

Specific Requirements for Suppliers engaged in the Production or

Reproduction of Propagating Material and Fruit Plants

Plan to identify and monitor critical points in the production process

(1) During the production of propagating material and

fruit plants, the responsible official body shall ensure that suppliers

have in place, as appropriate for the relevant genera or species, a plan

to identify and monitor critical points in the production process. That

plan shall at least concern the following elements

(a)

location and number of plants;

(b)

timing of their cultivation;

(c)

propagation operations;

(d)

packaging, storage and transportation operations.

Keeping information on the monitoring available for examination

(1) The responsible official body shall ensure that the

suppliers keep records with information on the monitoring of the

critical points as referred to in sub-regulation (2) of regulation 7 of

these regulations and, when requested, make them available for

examination.

(2) Those records shall remain available for a period of at least

three years since the production of the material concerned.

(3) The responsible official body shall ensure that suppliers

keep records of field inspections, sampling and testing as long as the

respective propagating material and fruit plants are under their

control and for a period of at least three years after that propagating

material and those fruit plants have been removed or marketed.

SECTION IV

Official Inspections

General requirements concerning official inspections

(1) Official inspections shall consist of

visual

inspections, and, where appropriate, of sampling and testing.

(2) During the official inspections, the responsible official

body shall pay particular attention to

(a)

the suitability and actual use of methods by the

supplier for checking each of the critical points in the

production process;

(b) the overall competence of the supplier’s staff to

carry out the activities set out in sub-regulation (2) of regulation

7 of these regulations.

(3) The responsible official body shall ensure that it produces

and keeps records of the results and dates of all field inspections,

sampling and testing carried out by itself.

Schedule A

List of pests for the presence of which visual inspection, and, under

certain conditions, sampling and testing, are required

PART 1

List of pests freedom, or practical freedom from which, is required

pursuant to point 8(1), point 9(1), point 15(1), point 20(1)

and point 25(1)

Genus or species

Pests

Castanea sativa Mill.

Fungi

Mycosphaerella maculiformis

Phytophthora cambivora

Phytophthora cinnamomi

Virus-like disease

Chestnut mosaic virus (ChMV)

Citrus L., Fortunella Swingle Insects

and Poncirus Raf.

Aleurotrixus floccosus

Parabemisia myricae

Nematodes

Pratylenchus vulnus

Tylenchus semi-penetrans

Fungi

Phytophthora citrophtora

Phytophthora parasitica

Corylus avellana L.

Mites

Phytoptus avellanae

Fungi

Armillariella mellea

Verticillium dahliae

Verticillium albo-atrum

Bacteria

pv.

Xanthomonas arboricola

corylina

Pseudomonas avellanae

Cydonia oblonga Mill., Malus Insects

Mill. and Pyrus L.

Eriosoma lanigerum

Psylla spp.

Nematodes

Meloidogyne hapla

Meloidogyne javanica

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Armillariella mellea

Chondrostereum purpureum

Glomerella cingulata

Pezicula alba

Pezicula malicorticis

Nectria galligena

Phytophthora cactorum

Roessleria pallida

Verticillium dahliae

Verticillium albo-atrum

Bacteria

Agrobacterium tumefaciens

Pseudomonas

syringae

pv.

syringae

Viruses

Other than

those

listed

in

Schedule B

Ficus carica L.

Insects

Ceroplastes rusci

Nematodes

Heterodera fici

Meloidogyne arenaria

Meloidogyne incognita

Meloidogyne javanica

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Armillaria mellea

Bacteria

Phytomonas fici

Virus-like diseases

Fig mosaic disease

Juglans regia L.

Insects

Epidiaspis leperii

Pseudaulacaspis pentagona

Quadraspidiotus perniciosus

Fungi

Armillariella mellea

Nectria galligena

Chondrostereum purpureum

Phytophthora cactorum

Bacteria

Agrobacterium tumefaciens

pv.

Xanthomonas arboricola

juglandi

Olea europaea L.

Nematodes

Meloidogyne arenaria

Meloidogyne incognita

Meloidogyne javanica

Pratylenchus vulnus

Bacteria

pv.

Pseudomonas

savastanoi

savastanoi

Virus-like diseases

Leaf yellowing complex disease 3

Pistacia vera L.

Nematodes

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Phytophthora cryptogea

Phytophthora cambivora

Rosellinia necatrix

Verticillium dahlia

Prunus amygdalus Batsch., P. Insects

armeniaca L., P. domestica L., P. Pseudaulacaspis pentagona

persica (L.) Batsch. and P. Quadraspidiotus perniciosus

salicina Lindley

Nematodes

Meloidogyne arenaria

Meloidogyne javanica

Meloidogyne incognita

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Phytophthora cactorum

Verticillium dahliae

Bacteria

Agrobacterium tumefaciens

Pseudomonas

syringae

morsprunorum

Pseudomonas

syringae

syringae (on P. armeniaca)

Pseudomonas viridiflava (on P.

armeniaca)

Prunus avium (L.) L. and P. Insects

cerasus L.

Quadraspidiotus perniciosus

Nematodes

Meloidogyne arenaria

Meloidogyne javanica

Meloidogyne incognita

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Phytophthora cactorum

Bacteria

Agrobacterium tumefaciens

pv.

Pseudomonas

syringae

morsprunorum

Ribes L.

Insects and mites

Dasyneura tetensi

Ditylenchus dipsaci

Pseudaulacaspis pentagona

Quadraspidiotus perniciosus

Tetranycus urticae

Cecidophyopsis ribis

Fungi

Sphaerotheca mors-uvae

Microsphaera grossulariae

Diaporthe strumella (Phomopsis

ribicola)

Rubus L.

Fungi

Peronospora rubi

PART 2

List of pests freedom or practical freedom from which is required, or

whose presence is restricted by tolerance levels, pursuant to point

8(1), point 9(1), point 15(1), point 20(1) and point 25(1)

Pests per plant genera and species

Tolerance levels (%)

Pre-basic

Basic

Certified

Fragaria L.

Insects and mites

0.5

Chaetosiphon fragaefoliae

0.1

Phytonemus pallidus

Nematodes

Aphelenchoides fragariae

0.5

Ditylenchus dipsaci

0.5

Meloidogyne hapla

Pratylenchus vulnus

Fungi

Rhizoctonia fragariae

Podosphaera aphanis (Wallroth)

0.5

Braun & Takamatsu

0.2

Verticillium albo-atrum

0.2

Verticillium dahliae

Bacteria

Candidatus Phlomobacter fragariae

Viruses

Strawberry mottle virus (SMoV)

0.1

Phytoplasma diseases

Aster yellow phytoplasma

0.2

Multiplier disease

0.1

0.5

Stolbur as strawberry lethal decline

0.2

Strawberry green petal phytoplasmas

Phytoplasma fragariae

Ribes L.

Nematodes

0.05

0.5

Aphelenchoides ritzemabosi

Viruses

Aucuba mosaic and blackcurrant

0.05

0.5

yellows combined

Vein clearing and vein net of

0.05

0.5

blackcurrant,

Gooseberry

vein

banding

Rubus L.

Insects

0.5

Resseliella theobaldi

Bacteria

Agrobacterium spp.

0.1

0.1

Rhodococcus fascians

Viruses

Apple mosaic virus (ApMV), Black

0.5

raspberry necrosis virus (BRNV),

Cucumber mosaic virus (CMV),

Raspberry leaf mottle (RLMV),

(RLSV),

Raspberry

leaf

spot

Raspberry vein chlorosis virus

(RVCV) and Rubus yellow net virus

(RYNV)

Vaccinium L.

Fungi

Exobasidium vaccinii var. vaccinii

0.5

Godronia cassandrae (anamorph

0.1

0.5

Topospora myrtilli)

Bacteria

0.5

Agrobacterium tumefaciens

Viruses

0.5

Schedule B

List of pests for the presence of which visual inspection, and, in

particular cases, sampling and testing are required pursuant to points

8(2) and (4), point 9(1), point 15(1), point 20(1) and points 25(1)

and (4)

Genus or species

Pests

Citrus L., Fortunella Swingle Viruses

and Poncirus Raf.

Citrus variegation virus (CVV)

Citrus psorosis virus (CPsV)

Citrus leaf blotch virus (CLBV)

Virus-like diseases

Impietratura

Cristacortis

Viroids

Citrus exocortis viroid (CEVd)

(HSVd)

Hop

stunt

viroid

Cachexia variant

Corylus avellana L.

Viruses

Apple mosaic virus (ApMV)

Phytoplasmas

Hazelnut maculatura

lineare

phytoplasma

Mill.

and Viruses

Cydonia

oblonga

Pyrus L.

Apple chlorotic leaf spot virus

(ACLSV)

Apple

stem-grooving

virus

(ASGV)

Apple stem-pitting virus (ASPV)

Virus-like diseases

Bark split, bark necrosis

Rough bark

Rubbery wood, quince yellow

blotch

Viroids

Pear blister canker viroid

(PBCVd)

Fragaria L.

Nematodes

Aphelenchoides blastoforus

Aphelenchoides fragariae

Aphelenchoides ritzemabosi

Ditylenchus dipsaci

Fungi

Phytophthora cactorum

Colletotrichum acutatum

Viruses

Strawberry mottle virus (SMoV)

Juglans regia L.

Viruses

Cherry leaf roll virus (CLRV)

Malus Mill.

Viruses

Apple chlorotic leaf spot virus

(ACLSV)

Apple mosaic virus (ApMV)

Apple

stem-grooving

virus

(ASGV)

Apple stem-pitting virus (ASPV)

Virus-like diseases

Rubbery wood, flat limb

Horseshoe wound

Fruit disorders: chat fruit, green

crinkle, bumpy fruit of Ben

Davis, rough skin, star crack,

russet ring and russet wart

Viroids

Apple scar skin viroid (ASSVd)

Apple

dimple

fruit

viroid

(ADFVd)

Olea europaea L.

Fungi

Verticillium dahliae

Viruses

Arabis mosaic virus (ArMV)

Cherry leaf roll virus (CLRV)

Strawberry latent ringspot virus

(SLRV)

Prunus amygdalus Batsch.

Viruses

Apple chlorotic leaf spot virus

(ACLSV)

Apple mosaic virus (ApMV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus

(PNRSV)

Prunus armeniaca L.

Viruses

Apple chlorotic leaf spot virus

(ACLSV)

Apple mosaic virus (ApMV)

Apricot latent virus (ApLV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus

(PNRSV)

Prunus avium (L.) L. and P. Viruses

cerasus L.

Apple chlorotic leaf spot virus

(ACLSV)

Apple mosaic virus (ApMV)

Arabis mosaic virus (ArMV)

Cherry green ring mottle virus

(CGRMV)

Cherry leaf roll virus (CLRV)

Cherry necrotic rusty mottle virus

(CNRMV)

Little cherry virus 1 and 2

(LChV1, LChV2)

Cherry

mottle

leaf

virus

(ChMLV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus

(PNRSV)

Raspberry

ringspot

virus

(RpRSV)

Strawberry latent ringspot virus

(SLRSV)

Tomato black ring nepovirus

(TBRV)

Prunus domestica L. and P. Viruses

salicina Lindley

Apple chlorotic leaf spot virus

(ACLSV)

Apple mosaic virus (ApMV)

Myrobalan latent ringspot virus

(MLRSV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus

(PNRSV)

Prunus persica (L.) Batsch.

Viruses

Apple chlorotic leaf spot virus

(ACLSV)

Apple mosaic virus (ApMV)

Apricot latent virus (ApLV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus

(PNRSV)

Strawberry latent ringspot virus

(SLRSV)

Viroids

Peach latent

mosaic

viroid

(PLMVd)

Ribes L.

Viruses

as appropriate for the species

concerned

Arabis mosaic virus (ArMV)

Blackcurrant reversion virus

(BRV)

Cucumber mosaic virus (CMV)

Gooseberry

vein

banding

associated viruses (GVBaV)

Strawberry latent ringspot virus

(SLRSV)

Raspberry

ringspot

virus

(RpRSV)

Rubus L.

Fungi

infecting

Phytophthora

spp.

Rubus

Viruses

as appropriate for the species

concerned

Apple mosaic virus (ApMV)

Black raspberry necrosis virus

(BRNV)

Cucumber mosaic virus (CMV)

Raspberry leaf mottle (RLMV)

Raspberry leaf spot (RLSV)

Raspberry vein chlorosis virus

(RVCV)

Rubus yellow net virus (RYNV)

Raspberry bushy dwarf virus

(RBDV)

Phytoplasmas

Rubus stunt phytoplasma

Virus-like diseases

Raspberry yellow spot

Vaccinium L.

Viruses

Blueberry

shoestring

virus

(BSSV)

Blueberry red ringspot virus

(BRRV)

Blueberry scorch virus (BlScV)

Blueberry shock virus (BlShV)

Phytoplasmas

Blueberry stunt phytoplasma

Blueberry

witches’

broom

phytoplasma

Cranberry

false

blossom

phytoplasma

Virus-like diseases

Blueberry mosaic agent

Cranberry ringspot agent

Schedule C

List of pests the presence of which is governed by points 10(1)

and (2), points 16(1) and (2) and points 21(1) and (2)

Genus or species

Pests

Fragaria L.

Nematodes

Longidorus attenuatus

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

Juglans regia L.

Nematodes

Xiphinema diversicaudatum

Olea europaea L.

Nematodes

Xiphinema diversicaudatum

Pistacia vera L.

Nematodes

Xiphinema index

Prunus avium (L.) L. and P. Nematodes

cerasus L.

Longidorus attenuatus

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

P. domestica L., P. persica (L.) Nematodes

Batsch. and P. salicina Lindley Longidorus attenuatus

Longidorus elongatus

Xiphinema diversicaudatum

Nematodes

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

Nematodes

Longidorus attenuatus

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

Schedule D

Requirements concerning visual inspection, sampling and testing per

plant genera or species and category pursuant to point 9(2),

point 15(2), point 20(2) and point 25(2)

Castanea sativa Mill.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Citrus L., Fortunella Swingle and Poncirus Raf.

Pre-basic category

Visual inspection

Visual inspections shall be carried out twice a year.

Sampling and testing

Each pre-basic mother plant shall be sampled and tested

six years after its acceptance as a pre-basic mother plant

and with subsequent intervals of six years concerning the

presence of pests listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Basic category

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

A representative portion of basic mother plants shall be

sampled and tested every six years on the basis of an

assessment of the risk of infection of those plants

concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Certified and CAC categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Corylus avellana L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Cydonia oblonga Mill., Malus Mill. and Pyrus L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Pre-basic category

Sampling and testing

Each pre-basic mother plant shall be sampled and tested 15

years after its acceptance as a pre-basic mother plant and

with subsequent intervals of 15 years concerning the

presence of pests other than virus-like diseases and viroids

listed in Schedule B, and in the case of doubts concerning

the presence of pests listed in Part 1 of Schedule A.

Basic category

Sampling and testing

A representative portion of basic mother plants shall be

sampled and tested every 15 years on the basis of an

assessment of the risk of infection of those plants

concerning the presence of pests other than virus-like

diseases and viroids listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Certified category

Sampling and testing

A representative portion of certified mother plants shall be

sampled and tested every 15 years on the basis of an

assessment of the risk of infection of those plants

concerning the presence of pests other than virus-like

diseases and viroids listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Certified fruit plants shall be sampled and tested in case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Ficus carica L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Fragaria L.

All categories

Visual inspection

Visual inspections shall be carried out twice a year during

the growing season.

For plants and material produced by micropropagation

which is maintained for a period shorter than three months,

only one inspection during this period is necessary.

Pre-basic category

Sampling and testing

Each pre-basic mother plant shall be sampled and tested

one year after its acceptance as a pre-basic mother plant

and with subsequent intervals of one year concerning the

presence of pests listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Part 2 of

Schedule A.

Basic, certified and CAC categories

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 2 of

Schedule A and Schedule B.

Juglans regia L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Pre-basic category

Sampling and testing

Each flowering pre-basic mother plant shall be sampled

and tested one year after its acceptance as a pre-basic

mother plant and with subsequent intervals of one year

concerning the presence of pests listed in Schedule B, and

in the case of doubts concerning the presence of pests

listed in Part 1 of Schedule A.

Basic category

Sampling and testing

A representative portion of basic mother plants shall be

sampled and tested every year on the basis of an

assessment of the risk of infection of those plants

concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Certified category

Sampling and testing

A representative portion of certified mother plants shall be

sampled and tested every three years on the basis of an

assessment of the risk of infection of those plants

concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Certified fruit plants shall be sampled and tested in the

case of doubts concerning the presence of pests listed in

Part 1 of Schedule A and Schedule B.

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Olea europaea L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Pre-basic category

Sampling and testing

Each pre-basic mother plant shall be sampled and tested 10

years after its acceptance as a pre-basic mother plant and

with subsequent intervals of 10 years concerning the

presence of pests listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Basic category

Sampling and testing

A representative portion of basic mother plants shall be

sampled in order to have all plants tested within an interval

of 30 years on the basis of an assessment of the risk of

infection of those plants concerning the presence of pests

listed in Part 1 of Schedule A and Schedule B.

Certified category

Sampling and testing

In the case of mother plants used for the production of

seeds (hereinafter: ‘seed mother plants’), a representative

portion of those seed mother plants shall be sampled in

order to have all plants tested within an interval of 40 years

on the basis of an assessment of the risk of infection of

those plants concerning the presence of pests listed in Part

1 of Schedule A and Schedule B. In the case of mother

plants other than seed mother plants, a representative

portion of those plants shall be sampled in order to have all

plants tested within an interval of 30 years on the basis of

an assessment of the risk of infection of those plants

concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Pistacia vera L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A.

Prunus amygdalus Batsch., P. armeniaca L., P. domestica L.,

P. persica (L.) Batsch. and P. salicina Lindley

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Pre-basic category

Sampling and testing

Each flowering pre-basic mother plant shall be sampled

and tested for PDV and PNRSV one year after its

acceptance as a pre-basic mother plant and with subsequent

intervals of one year. Each tree planted intentionally for

pollination and, where appropriate, the major pollinating

trees in the environment shall be sampled and tested for

PDV and PNRSV.

In the case of P. persica, each flowering pre-basic mother

plant shall be sampled one year after its acceptance as a

pre-basic mother plant and tested for PLMVd.

Each pre-basic mother plant shall be sampled 10 years

after its acceptance as a pre-basic mother plant, and with

subsequent intervals of 10 years, and tested for viruses,

other than PDV and PNRSV, relevant for the species as

listed in Schedule B, and tested in the case of doubts

concerning the presence of pests listed in Part 1 of

Schedule A.

Basic category

Sampling and testing

A representative portion of flowering basic mother plants

shall be sampled every year and tested for PDV and

PNRSV on the basis of an assessment of the risk of

infection of those plants. A representative portion of trees

planted intentionally for pollination and, where

appropriate, the major pollinating trees in the environment

shall be sampled and tested for PDV and PNRSV on the

basis of an assessment of the risk of infection of those

plants.

In the case of P. persica, a representative portion of

flowering basic mother plants shall be sampled once a year

and tested for PLMVd on the basis of an assessment of the

risk of infection of those plants.

A representative portion of non-flowering basic mother

plants shall be sampled every three years and tested for

PDV and PNRSV on the basis of an assessment of the risk

of infection of those plants.

A representative portion of basic mother plants shall be

sampled every 10 years and tested for pests, other than

PDV and PNRSV, relevant for the species as listed in Part

1 of Schedule A and Schedule B on the basis of an

assessment of the risk of infection of those plants.

Certified category

Sampling and testing

A representative portion of flowering certified mother

plants shall be sampled every year and tested for PDV and

PNRSV on the basis of an assessment of the risk of

infection of those plants. A representative portion of trees

planted intentionally for pollination and, where

appropriate, the major pollinating trees in the environment

shall be sampled and tested for PDV and PNRSV on the

basis of an assessment of the risk of infection of those

plants.

In the case of P. persica, a representative portion of

flowering certified mother plants shall be sampled once a

year and tested for PLMVd on the basis of an assessment

of the risk of infection of those plants.

A representative portion of non-flowering certified mother

plants shall be sampled every three years and tested for

PDV and PNRSV on the basis of an assessment of the risk

of infection of those plants.

A representative portion of certified mother plants shall be

sampled every 15 years and tested for pests, other than

PDV and PNRSV, relevant for the species as listed in Part

1 of Schedule A and Schedule B on the basis of an

assessment of the risk of infection of those plants.

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Prunus avium (L.) L. and P. cerasus L.

All categories

Visual inspection

Visual inspections shall be carried out once a year.

Pre-basic category

Sampling and testing

Each flowering pre-basic mother plant shall be sampled

and tested for PDV and PNRSV one year after its

acceptance as a pre-basic mother plant and with subsequent

intervals of one year. Each tree planted intentionally for

pollination and, where appropriate, the major pollinating

trees in the environment shall be sampled and tested for

PDV and PNRSV.

Each pre-basic mother plant shall be sampled 10 years

after its acceptance as a pre-basic mother plant, and with

subsequent intervals of 10 years, and tested for viruses,

other than PDV and PNRSV, relevant for the species as

listed in Schedule B, and tested in the case of doubts

concerning the presence of pests listed in Part 1 of

Schedule A.

Basic category

Sampling and testing

A representative portion of flowering basic mother plants

shall be sampled every year and tested for PDV and

PNRSV on the basis of an assessment of the risk of

infection of those plants. A representative portion of trees

planted intentionally for pollination and, where

appropriate, the major pollinating trees in the environment

shall be sampled and tested for PDV and PNRSV on the

basis of an assessment of the risk of infection of those

plants.

A representative portion of non-flowering basic mother

plants shall be sampled every three years and tested for

PDV and PNRSV on the basis of an assessment of the risk

of infection of those plants.

A representative portion of basic mother plants shall be

sampled every 10 years and tested for pests, other than

PDV and PNRSV, relevant for the species as listed in Part

1 of Schedule A and Schedule B on the basis of an

assessment of the risk of infection of those plants.

Certified category

Sampling and testing

A representative portion of flowering certified mother

plants shall be sampled every year and tested for PDV and

PNRSV on the basis of an assessment of the risk of

infection of those plants. A representative portion of trees

planted intentionally for pollination and, where

appropriate, the major pollinating trees in the environment

shall be sampled and tested for PDV and PNRSV on the

basis of an assessment of the risk of infection of those

plants.

A representative portion of non-flowering certified mother

plants shall be sampled every three years and tested for

PDV and PNRSV on the basis of an assessment of the risk

of infection of those plants.

A representative portion of certified mother plants shall be

sampled every 15 years and tested for pests, other than

PDV and PNRSV, relevant for the species as listed in Part

1 of Schedule A and Schedule B on the basis of an

assessment of the risk of infection of those plants.

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 1 of

Schedule A and Schedule B.

Ribes L.

Pre-basic category

Visual inspection

Visual inspections shall be carried out twice a year.

Sampling and testing

Each pre-basic mother plant shall be sampled and tested

four years after its acceptance as a pre-basic mother plant

and with subsequent intervals of four years concerning the

presence of pests listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Schedule

A.

Basic, certified and CAC categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Schedules

A and B.

Rubus L.

Pre-basic category

Visual inspection

Visual inspections shall be carried out twice a year.

Sampling and testing

Each pre-basic mother plant shall be sampled and tested

two years after its acceptance as a pre-basic mother plant

and with subsequent intervals of two years concerning the

presence of pests listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Schedule

A.

Basic category

Visual inspection

Where plants are grown in the field or in pots, visual

inspections shall be carried out twice a year.

For plants and material produced by micropropagation

which is maintained for a period shorter than three months,

only one inspection during this period is necessary.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Schedules

A and B.

Certified and CAC categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Schedules

A and B.

Vaccinium L.

Pre-basic category

Visual inspection

Visual inspections shall be carried out twice a year.

Sampling and testing

Each pre-basic mother plant shall be sampled and tested

five years after its acceptance as a pre-basic mother plant

and with subsequent intervals of five years concerning the

presence of pests listed in Schedule B, and in the case of

doubts concerning the presence of pests listed in Part 2 of

Schedule A.

Basic category

Visual inspection

Visual inspections shall be carried out twice a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 2 of

Schedule A and Schedule B.

Certified and CAC categories

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out in the case of

doubts concerning the presence of pests listed in Part 2 of

Schedule A and Schedule B.

Schedule E

Maximum permitted number of generations in the field under non-

insect proof conditions and maximum permitted life span of basic

mother plants per genera or species, as provided for

in Regulation 18(1)

Castanea sativa Mill.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning

of point 14(2)(a) is a rootstock, it may be multiplied for

maximum three generations.

Where rootstocks are part of basic mother plants, those

rootstocks shall be basic material of the first generation.

Citrus L., Fortunella Swingle and Poncirus Raf.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum one generation.

In the case where a basic mother plant within the meaning

of point 14(2)(a) is a rootstock, it may be multiplied for

maximum three generations.

Where rootstocks are part of basic mother plants, those

rootstocks shall be basic material of the first generation.

Corylus avellana L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

Cydonia oblonga Mill., Malus Mill. and Pyrus L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning

of point 14(2)(a) is a rootstock, it may be multiplied for

maximum three generations.

Where rootstocks are part of basic mother plants, those

rootstocks shall be basic material of the first generation.

Ficus carica L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

Fragaria L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum five generations.

Juglans regia L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

Olea europaea L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum one generation.

Prunus amygdalus Batsch., P. armeniaca L., P. domestica L.,

P. persica (L.) Batsch. and P. salicina Lindley

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning

of point 14(2)(a) is a rootstock, it may be multiplied for

maximum three generations.

Where rootstocks are part of basic mother plants, those

rootstocks shall be basic material of the first generation.

Prunus avium (L.) L. and P. cerasus L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning

of point 14(2)(a) is a rootstock, it may be multiplied for

maximum three generations.

Where rootstocks are part of basic mother plants, those

rootstocks shall be basic material of the first generation.

Ribes L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum three generations. Mother

plants shall be maintained as mother plants for a maximum

of six years.

Rubus L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations. Mother

plants of each generation shall be maintained as mother

plants for a maximum of four years.

Vaccinium L.

Basic category

A basic mother plant within the meaning of point 14(2)(a)

may be multiplied for maximum two generations.

€2.43