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FRUIT TREES PROPAGATION MATERIAL REGULATIONS

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Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

SUBSIDIARY LEGISLATION 433.08

FRUIT TREES PROPAGATION MATERIAL

REGULATIONS

30th September, 2012

LEGAL NOTICE 223 of 2010, as amended by Legal Notice 270 of 2011

73 of 2017, 74 of 2017, 165 of 2017 and 87, 144 and 385 of 2020 152 of

2023 and 221 of 2025.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

The title of these regulations is the Fruit Trees Propagation

Material Regulations.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

Amended by

L.N. 152 of 2023.

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

Castanea sativa Mill.

European chestnut

Citrus L.

Orange, lemon, grapefruit, mandarin, lime

Corylus avellana L.

Hazel

Cydonia oblonga Mill.

Quince

Ficus carica L.

Fig

Fortunella Swingle

Kumquat

Fragaria L.

Strawberry

Juglans regia L.

Walnut

Malus Mill.

Apple

Olive

Olea europea L.

Pistacia vera L.

Pistachio

Poncirus Raf.

Hardy/Bitter Orange

Prunus amygdalus Batsch.

Almond

Prunus armeniaca L.

Apricot

Prunus avium L.

Sweet cherry

Prunus cerasus L.

Sour cherry

Prunus domestica L.

Plum

Prunus dulcis (Mill.) D. A. Webb

Peach

Prunus salicina Lindley

Japanese plum

Pyrus L.

Pear

Ribes L.

Redcurrant

Rubus L.

Blackberry

Vaccinium L.

Blueberry/Bilberry/Cranberry

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

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

assure that any propagation material of fruit trees and fruit trees for

fruit production produced in Malta or placed on the market in Malta

or intended to be marketed in another Member State meet 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 genera and species

and their hybrids listed in Schedule I and shall apply without

prejudice to the plant health rules laid down by Council Directive

2000/29/EC as transposed in the Plant Quarantine (Harmful

Organisms) Regulations, 2004 * and their amendments.

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

species than those listed in Schedule I or their hybrids shall also be

subject to these regulations if material of genera or species listed in

Schedule I or 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 provided that

they are identified as such and kept sufficiently isolated.

(5)

These regulations transpose Council Directive 2008/90/

EC.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

Added by

L.N. 73 of 2017.

Labelling, sealing and packaging requirements

Amended by

L.N. 144 of 2020.

1. The responsible official body shall ensure that fruit plant propagating

material, hereinafter "propagating material", officially certified as pre-basic material,

basic material or certified material, and fruit plants intended for fruit production,

hereinafter "fruit plants", officially certified as certified material, are only marketed if

they comply with the labelling, sealing and packaging requirements set out in Section I

and III of this Schedule. Where appropriate, an accompanying document, as provided

for in Section II, may be used to complement the label.

2. The responsible official body shall ensure that propagating material and

fruit plants which qualify as CAC (Conformitas Agraria Communitatis) material are

only marketed if they comply with the requirements for the supplier's document set out

in Section IV.

I.

Label for pre-basic, basic or certified material

(1) The responsible official body shall ensure that for pre-basic, basic or

certified material a label complying with paragraphs (2) to (5) of this Section is

prepared and affixed by such body to the plants or parts of plants to be marketed as

propagating material or fruit plants. Suppliers may be allowed to prepare and affix the

label under the responsible official body’s supervision. The design of the label shall be

established by the responsible official body, in accordance with paragraphs (2), (3) and

(4).

Propagating material or fruit plants forming part of the same lot may be

marketed with a single label where such material or such plants are part of the same

package, bundle or container, and that label is affixed in accordance with the second

sub-paragraph of paragraph (5).

The responsible official body may provide that fruit plants, which are one

or more years old, are to be labelled individually. In this case, labelling may be carried

out in the field before or during uprooting or later. Where labelling is carried out later,

plants of the same lot shall be uprooted together and be kept separate from other lots in

labelled containers until those plants are labelled.

(2)

The label shall contain the following information

(a) the indication "EU rules and standards";

(b) Member State of labelling or the respective code;

(c) responsible official body or the respective code;

(d) name of supplier or its registration number/code issued by the

responsible official body;

(e) reference number of package or bundle, individual serial number, week

number or batch number;

(f)

botanical name;

(g) category, and for basic material also the generation number;

(h) denomination of the variety and, where appropriate, the clone. In the

case of rootstocks not belonging to a variety, the name of the species or

the interspecific hybrid concerned. For grafted fruit plants, such

information shall be given for the rootstock and the top-graft. For

varieties for which an application for official registration or for a plant

variety right is pending, such information shall indicate: "proposed

denomination" and "application pending";

(i)

the indication "variety with an officially recognised description", where

appropriate;

(j)

quantity;

(k) country of production and the respective code, where different from the

Member State of labelling;

(l)

year of issue;

(m) in case the original label is replaced by another label: the year of issue

of the original label.

(3) The label shall be indelibly printed in one of the official languages of the

Union, easily visible and legible.

(4)

The colour of the label shall be

(a) white with a diagonal violet stripe for pre-basic material;

(b) white for basic material;

(c) blue for certified material.

(5) The label shall be affixed to the plants or parts of plants to be marketed as

propagating material or fruit plants. Where such plants or parts of plants are to be

marketed in a package, bundle or container, the label shall be affixed to that package,

bundle or container.

Where, in accordance with the second sub-paragraph of paragraph (1),

propagating material or fruit plants are marketed with a single label, that label shall be

affixed to the package, bundle or container formed by that propagating material or those

fruit plants.

II.

Accompanying document for pre-basic, basic or certified material

(1) It may be provided that an accompanying document may be made by the

responsible official body, or by the supplier concerned under the supervision of this

body, for lots of different varieties or types of pre-basic, basic or certified material to be

marketed together to complement the label referred to in Section I.

(2)

The accompanying document shall fulfil the following requirements

(a) include the information set out in Section I(2) and as indicated on the

respective label;

(b) be written in one of the official languages of the Union;

(c) be delivered at least in duplicate (supplier and recipient);

(d) accompany the material from the place of the supplier to the place of the

recipient;

(e) include the name and address of the recipient;

(f)

include the date of issue of the document;

(g) include, where appropriate, additional information relevant to the lots

concerned.

(3) Where the information in the accompanying document contradicts the

information on the label referred to in Section I, the information on that label shall

prevail.

III.

Sealing and packaging requirements for pre-basic, basic or certified

material

(1) It shall be ensured that, where pre-basic, basic or certified material is

marketed in lots of two or more plants or parts of plants, those lots are sufficiently

homogeneous.

Plants or parts of plants making up such lots shall fulfil the requirements

of points (a) or (b)

(a) plants or parts of plants are in a package or container sealed as defined

in paragraph (2); or

(b) plants or parts of plants form part of a bundle sealed as defined in

paragraph (2).

(2) For the purposes of these regulations, "sealing" means: in the case of a

package or container, closing in such a way that it cannot be opened without damaging

the closure, in the case of a bundle, tying up in such a way that the plants or parts of

plants forming part of the bundle cannot be separated without damaging the tie or ties.

The package, the container or bundle shall be labelled in such a way that the removal of

the label renders it invalid.

IV.

Supplier’s document for CAC material

(1) The responsible official body shall ensure that CAC material is marketed

with a document prepared by the supplier in compliance with items (2), (3) and (4)

hereunder, hereinafter "the supplier’s document".

The responsible official body shall ensure that the supplier’s document does not

resemble the accompanying document referred to in Section I or an accompanying

document referred to in Section II, so as to avoid any possible confusion between those

two documents.

(2)

The supplier’s document shall contain at least the following information

(a) the indication "EU rules and standards";

(b) the name of the Member State where the document has been prepared,

or the respective code;

(c) the responsible official body or the respective code;

(d) the name of the supplier or its registration number, or code issued by the

responsible official body;

(e) the individual serial number, week number or batch number;

(f)

the botanical name;

(g) the indication "CAC material";

(h) the denomination of the variety and, where appropriate, the clone. In the

case of rootstocks not belonging to a variety: the name of the species or

the interspecific hybrid concerned. For grafted fruit plants, such

information shall be given for the rootstock and the top-graft. For

varieties for which an application for official registration or for a plant

variety right is pending, such information shall indicate: "proposed

denomination" and "application pending"; and

(i)

the date of issue of the document.

(3) Where the supplier’s document is affixed to the CAC material, the colour of

the supplier’s document shall be yellow.

(4) The supplier’s document shall be indelibly printed in one of the official

languages of the Union, clearly visible and legible..

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

For the purpose of these regulations, the following

definitions shall apply

"the Act" means the Plant Quarantine Act;

"basic material" refers to propagation material which

(a) 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, for

the maintenance of the identity of the variety including

the relevant pomological characteristics and for the

prevention of diseases;

(b) is intended for the production of certified material;

(c) satisfies the specific requirements for basic material,

*Revoked by these regulations.

established pursuant to regulation 5; and

(d) has been found by official inspection to satisfy the

above mentioned conditions;

"basic mother plant" means a mother plant intended for the

production of basic material;

"candidate pre-basic mother plant" means a mother plant which the

supplier intends to have accepted as pre-basic mother plant;

"category" means pre-basic material, basic material, certified

material or CAC material;

"certified material" refers to

(a) propagation material which

(i)

which has been produced directly in a vegetative

way from basic material or pre-basic material or,

if intended to be used for the production of

rootstocks, by certified seeds from basic or

certified material of rootstocks;

(ii) is intended for the production of fruit trees;

(iii) satisfies the specific requirements for certified

material, established pursuant to regulation 5;

and

(iv) has been found by official inspection to satisfy

the above mentioned conditions;

(b) fruit trees which

(i)

have been produced directly from certified,

basic or pre-basic propagation material;

(ii) are intended for the production of fruit;

(iii) satisfy the specific requirements for certified

material, established pursuant to regulation 5;

and

(iv) have been found by official inspection to satisfy

the above mentioned conditions;

"certified mother plant" means a mother plant intended for the

production of certified material;

"clone" refers to the vegetative genetically uniform progeny of a

single plant;

"Conformitas Agraria Communitatis material" or "CAC

material" refers to propagation material and fruit trees which

(a) have varietial identity and adequate varietal purity;

(b) are intended for

-

the production of propagation material;

-

the production of fruit trees, and/or

-

the production of fruit;

(c) satisfy the specific requirements for CAC material

established pursuant to regulation 5;

"cryopreservation" means the maintenance of plant material by

cooling to ultra-low temperatures, in order to retain the viability of the

material;

"the Director" means the Director responsible for the Directorate

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;

"the Directorate" means the Directorate responsible for plant

health;

"fruit trees" are plants intended to be planted or replanted, after

marketing;

"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;

"laboratory" means any facility used for the testing of propagating

material and fruit plants;

"lot" is a number of units of a single commodity, identifiable by

its homogeneity in composition and origin;

"marketing" refers to the sale, holding with a view to sale, offer

for sale and any disposal, supply or transfer aimed at commercial

exploitation of propagation material or fruit trees to third parties,

whether or not for consideration;

"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;

"mother plant" means an identified plant from which material is

taken for propagation;

"multiplication" means vegetative production of mother plants in

order to obtain a sufficient number of mother plants in the same

category;

" o ff i c i a l i n s p e c t i o n " i s a n i n s p e c t i o n c a r r i e d o u t b y t h e

responsible official body or under the responsibility of the

responsible official body;

"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;

"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;

"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;

"pre-basic material" refers to propagation material which

(a) has been produced according to generally accepted

methods for the maintenance of the identity of the

variety

including

the

relevant

pomological

characteristics and for the prevention of diseases;

(b) is intended for the production of basic material or

certified material other than fruit plants;

(c) satisfies the specific requirements for pre-basic

material established pursuant to regulation 5; and

(d) has been found by official inspection to satisfy the

above mentioned conditions;

"pre-basic mother plant" means a mother plant intended for the

production of pre-basic material;

"propagation material" refers to seeds, parts of plants and all

plant material, including rootstocks, intended for the propagation

and production of fruit plants;

"regulated non-quarantine pests", hereafter referred to as "RNQPs",

means a pest that fulfils all the conditions set out under Article 36 of

Regulation (EU) 2016/2031 of the European Parliament and the

Council as regards protective measures against pests of plants, and is

included in the list of Union regulated non-quarantine pests under

Annex IV of Commission Implementing Regulation (EU) 2019/2072

establishing uniform conditions for the implementation of Regulation

(EU) 2016/2031 and repealing Commission Regulation (EC) No 690/

2008 and amending Commission Implementing Regulation (EU) 2018/

2019;

"renewal of a mother plant" means replacing a mother plant by a

plant vegetatively produced from it;

"responsible official body" means the Directorate;

"supplier" means any natural or legal person carrying out

professionally at least one of the following activities with regards

to propagation material or fruit trees: reproducing, producing,

preserving or treating, importing and marketing;

"test" means examination, other than visual inspection;

"variety" refers to a plant grouping within a single botanical

taxon of the lowest known rank, which can be

(a) defined by the expression of the characteristics

resulting from a given genotype or combination of

genotypes;

(b) distinguished from any other plant grouping by the

expression of at least one of the said characteristics;

and

(c) considered as an entity in view of its ability to be

propagated unchanged.

"visual inspection" means the examination of plants or parts of

plants using the unaided eye, lens, stereoscope or microscope;

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

Added by

L.N. 74 of 2017.

Registration of Suppliers

I.

Register of suppliers

(1) The responsible official body shall keep and update a register of suppliers,

as provided for in regulation 7(1) of these regulations. That register shall be referred to

hereinafter as "the register of suppliers". In addition to suppliers registered in

accordance with these regulations, that register shall include suppliers accredited in

accordance with the provisions of regulation 10(1) of the Fruit Trees Propagation

Material Regulations, 2010 * . Where appropriate, the responsible official body shall

make available the register of suppliers.

(2)

The register of suppliers shall include the following information

(a)

the name, address and contact details of the supplier;

(b)

the activities, within the meaning of the term "supplier" in

regulation 3 of these regulations that are exercised by the supplier in Malta, the

address of the premises involved and the main genera or species concerned; and

(c)

the registration number or code.

*promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010.

(3) The responsible official body shall ensure that it removes a natural or legal

person from the register of suppliers, if it is established that that person no longer

exercises any activity within the meaning of term "supplier" in regulation 3 of these

regulations.

II.

Notification obligation of suppliers

(1) The responsible official body shall ensure that suppliers notify the

information referred to in Section I point (2)(a) and (b). No notification shall, however,

be required from suppliers accredited in accordance with regulation 10(1) of the Fruit

Trees Propagation Material Regulations, 2010 * .

(2) The responsible official body shall ensure that suppliers notify any change

in their situation concerning the information referred to in Section I point (2)(a) and (b).

(3) The responsible official body shall ensure that suppliers are informed of

their registration and of any modifications thereto within a time period to be laid down

by national legislation.

Registration of Varieties

III.

Variety register

(1) The responsible official body shall keep, update and publish a register of

varieties (hereinafter "variety register"). In addition to varieties registered in

accordance with these regulations, the variety register shall include varieties registered

before 30 September 2012 in accordance with regulation 8(3) of the Fruit Trees

Propagation Material Regulations, 2010 † and varieties registered in accordance with the

second sentence of regulation 6(4)(a) of these regulations.

(2)

The variety register shall include the following information

(a)

the denomination of the variety and synonyms;

(b)

the species the variety belongs to;

(c)

the indication "official description" or "officially recognised

description", as appropriate;

(d)

the date of registration, or, where applicable, of renewal of

registration;

(e)

the end of validity of registration.

(3) The responsible official body shall keep a file for each variety it registers.

That file shall contain a description of the variety and a summary of all the facts

relevant to the registration of the variety.

IV.

Conditions for registration of varieties

*promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010.

†promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010.

(1) The responsible official body shall ensure that a variety is registered as a

variety with an official description if it fulfils the following requirements

(a)

it is distinct, uniform and stable within the meaning of point (2) of

this Section;

(b)

a sample of the variety is available; and

(c)

as regards genetically modified varieties, the genetically modified

organism of which the variety consists is authorised for cultivation pursuant to

Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2)

A variety shall be considered as

(a)

"distinct" where it is clearly distinguishable, by reference to the

expression of the characteristics that result from a particular genotype or

combination of genotypes, from any other variety commonly known at the date

of the application referred to in Section V;

(b)

"uniform" where, subject to the variation that may be expected

from the particular features of its propagation, it is sufficiently uniform in the

expression of those characteristics which are included in the examination for

distinctness, as well as any other characteristics used for the variety description;

(c)

"stable" where the expression of the characteristics which are

included in the examination for distinctness, as well as any other characteristics

used for the variety description, remains unchanged after repeated propagation

or, in the case of micro propagation at the end of each cycle.

V.

Application for registration of a variety

(1) For registration of a variety as a variety with an official description, the

responsible official body shall require to receive a written application.

(2)

The application shall be accompanied by the following

(a)

the information required by the technical questionnaires set out at

the time of application

(i)in Annex II to the "Protocols for distinctness, uniformity and stability tests"

of the Administrative Council of the Community Plant Variety Office

(CPVO) for the relevant species for which such a protocol has been

published; or, where no such protocols have been published,

(ii)in Section X of the "Test guidelines for the conduct of tests for

distinctness, uniformity and stability" of the International Union for the

Protection of new Varieties of Plants (UPOV) and the Annex to the Test

guideline concerned for the relevant species for which such guidelines

have been published; or, where no such guidelines have been published,

(iii)in national provisions;

(b)

information on whether the variety is officially registered in

another Member State, or is the subject of an application for such a registration

in another Member State;

(c)

a proposed denomination;

(d)

in the case of a genetically modified variety, evidence that the

genetically modified organism of which the variety consists is authorised for

cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(3)

The applicant may submit any of the following with its application

(a)

an official description established, in accordance with point (5) of

Section VI, by a responsible official body of another Member State;

(b)

any other relevant information.

VI.

Examination of applications

(1) It shall be ensured that, where the responsible official body receives an

application for registration of a variety as a variety with an official description, an

examination of that variety is performed in accordance with points (2), (3) and (4) of

this Section.

(2) Growing trials shall be carried out to establish an official description of the

variety. Where the applicant submits information in accordance with point (3)(a) of

Section V and the responsible official body considers that this information shows that

the conditions for registration provided for in Section IV are fulfilled, no growing trials

shall, however, be carried out. Where growing trials are to be carried out, the

responsible official body shall request a sample of the material of the variety.

(3) The growing trials referred to in point (2) of this Section shall be

performed by

(a)

the responsible official body receiving the application; or

(b)

the responsible official body of another Member State having

agreed to perform those trials; or

(c)

any legal person, in accordance with regulation 12(2) of these

regulations.

Where point (c) applies and trials are carried out on the premises of private

enterprises, the responsible official body shall ensure that no measures are applied that

might interfere with the official examination.

(4) The growing trials shall be performed in accordance with the following

provisions as regards trial design, growing conditions and characteristics of the variety

to be covered as a minimum

(a)

the "Protocols for distinctness, uniformity and stability tests" of

the Administrative Council of the Community Plant Variety Office (CPVO)

applicable at the beginning of the technical examination; or, where no protocols

have been published for the relevant species,

(b)

the "Test guidelines for the conduct of tests for distinctness,

uniformity and stability" of the International Union for the Protection of New

Varieties of Plants (UPOV) applicable at the beginning of the technical

examination; or, where no guidelines have been published for the relevant

species,

(c)

national provisions.

(5) If, based on the examination referred to in point (1) of this Section, the

responsible official body concludes that the variety concerned fulfils the conditions of

Section V it shall establish an official description and include that variety in the variety

register.

VII. Period of validity of variety registration

(1)

The maximum period of validity of the registration of a variety shall be 30

years.

In the case of genetically modified varieties, the validity of the registration

shall be limited to the period for which the genetically modified organism of which the

variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or

Regulation (EC) No 1829/2003.

VIII. Renewal of variety registration

(1) The responsible official body shall ensure that the registration of a variety

may be renewed for further maximum periods of 30 years, provided that material of that

variety is still available.

In the case of a genetically modified variety, renewal shall, in addition, be

subject to the condition that the respective genetically modified organism continues to

be authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No

1829/2003. The renewal period shall be limited to the period of authorisation of the

genetically modified organism concerned.

(2) For renewal of the registration, the responsible official body shall require

to receive a written application. The application shall be accompanied by evidence

showing that the conditions set out in point (1) of this Section are fulfilled. The

responsible official body may, however, renew the registration of a variety for which no

written application has been submitted, where it considers that renewal serves to

preserve genetic diversity and sustainable production or serves another general interest.

IX.

Removal of a variety from the variety register

(1) The responsible official body shall ensure that a variety is removed from

the variety register if

(a)

the conditions for registration, as set out in Section IV, are no

longer fulfilled;

(b)

at the time of the application for registration or during

examination, false or fraudulent particulars had been supplied concerning the

facts on the basis of which the variety was registered.

X.

Notifications

(1) The responsible official body shall notify to the responsible official bodies

of the other Member States and the European Commission the information required to

access the variety register of the Member State concerned.

(2) The responsible official body shall notify the European Commission as

soon as possible of the inclusion of a variety in its variety register, and any other

amendment to its variety register.

(3) The responsible official body shall, on request, make available to another

Member State or the European Commission

(a)

the official or officially recognised description of varieties

registered in the variety register of Malta;

(b)

the results of examinations of applications for registration of

varieties performed by Malta pursuant to Section VI;

(c)

any other information available in respect of varieties included in

the variety register of Malta or removed from that register;

(d)

the list of varieties for which applications for registration are

pending in Malta.

Common List of Varieties

XI.

Common list

The European Commission shall, on the basis of the information received

pursuant to point (2) of Section X, establish, regularly update and publish in an

electronic format a common list of the varieties included in the variety registers of the

Member States.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1)

Professional operators introducing fruit plant

propagating material and fruit plants intended for fruit production

from another EU Member State shall declare the introduction of

such material forty-eight (48) hours prior to its arrival in Malta,

through the Supplementary Declaration System of Malta (Intrastat),

of each lot received by them.

(2) The non-professional final users being supplied with fruit

plant propagating material and fruit plants intended for fruit

production from another EU Member State shall also inform the

Directorate by means of the EU Plant Notification Form (For

General Public) available on the Directorate’s website, forty-eight

(48) hours prior to the arrival of the plant material in Malta of each

lot received by them.

(3) The professional operators and the non-professional final

users being supplied with fruit plant propagating material and fruit

plants intended for fruit production from a third country shall also

inform the Directorate by means of the Third Countries Notification

Form available on the Directorate’s website forty-eight hours (48)

prior to the arrival, of the plant material in Malta of each lot received

by them.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

Added by

L.N. 165 of 2017.

Amended by

SECTION I

L.N. 385 of 2020.

Amended by

L.N. 152 of 2023.

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 11.

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, by visual

inspection in the facilities, fields and lots, be found free from the regulated non-

quarantine pests (RNQPs), listed in Schedules A and B, and subject to the requirements

of Schedule D, as regards the genus or species concerned. That visual inspection shall

be carried out by the Directorate and, where appropriate, the supplier.

The Directorate and, where appropriate the supplier, shall carry out sampling and

testing of the pre-basic mother plant or pre-basic material for the RNQPs listed in

Schedule B, and subject to the requirements of Schedule D, with regard to the genus or

species concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Schedule A, the

Directorate and, where appropriate the supplier, shall carry out sampling and testing of

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

(2). As regards sampling and testing, as provided for in paragraph (1), the

Directorate shall apply protocols of EPPO, or other internationally recognised

protocols. Where such protocols do not exist, the Directorate shall apply the relevant

protocols established for Malta. In that case, the Directorate shall, on request, make

available those protocols to the other Member States and to the European Commission.

The Directorate and, where appropriate, the supplier shall submit the samples to

laboratories officially accepted by Directorate.

(3). In the case of a positive test result for any of the RNQPs, listed in

Schedules A and B, as regards the genus or species concerned, the supplier shall

remove the infested pre-basic mother plant or pre-basic material from the vicinity of

other pre-basic mother plants and pre-basic material pursuant to items 2(3) and 3(3) of

Part I, Section II of Schedule IV, or take appropriate measures pursuant to Schedule D.

(4). The measures to ensure compliance with the requirements of paragraph (1)

are set out in Schedule D, with regard to the genus or species concerned and category.

(5).

Paragraph (1) shall not apply to

(a) pre-basic mother plants and pre-basic material during cryopreservation;

(b) pre-basic material where that material has been produced in areas known to,

or established to, be free from the relevant pests in accordance with the

relevant international standards for phytosanitary measures (Requirements

for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC,

FAO 2017).

Soil requirements for pre-basic mother plants and pre-basic material

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

12. (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

13. (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

14. (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 for basic mother plants and basic material

15. (1).

A basic mother plant or basic material shall, by visual inspection in

the facilities, fields and lots, be found free from the RNQPs, listed in Schedules A and

B, and subject to the requirements of Schedule D, as regards the genus or species

concerned. That visual inspection shall be carried out by the Directorate and, where

appropriate, the supplier.

The Directorate and, where appropriate the supplier, shall carry out sampling and

testing of the basic mother plant or basic material for the RNQPs listed in Schedule B,

and subject to the requirements of Schedule D, with regard to the genus or species

concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Schedule A, the

Directorate and, where appropriate, the supplier shall carry out sampling and testing of

the basic mother plant or basic material concerned.

(2). As regards sampling and testing, as provided for in paragraph (1), the

Directorate shall apply protocols of EPPO, or other internationally recognised

protocols. Where such protocols do not exist, the Directorate shall apply the relevant

protocols established for Malta. In that case, the Directorate shall, on request, make

available those protocols to the other Member States and to the European Commission.

The Directorate and, where appropriate, the supplier shall submit samples to

laboratories officially accepted by the Directorate.

(3). In the case of a positive test result for any of the RNQPs, listed in

Schedules A and B, as regards the genus or species concerned, the supplier shall

remove the infested basic mother plant or basic material from the vicinity of other basic

mother plants and basic material pursuant to items 14(7) and 14(8) of Part II, Section II

of Schedule IV, or take appropriate measures pursuant to Schedule D.

(4). The measures to ensure compliance with the requirements of paragraph (1)

are set out in Schedule D, with regard to the genus or species concerned and category.

(5).

Paragraph (1) shall not apply to

(a) basic mother plants and basic material during cryopreservation;

(b) basic material where that material has been produced in areas known to,

or established to, be free from the relevant pests in accordance with the

relevant international standards for phytosanitary measures

(Requirements for the establishment of pest free areas. ISPM No 4

(1995), Rome, IPPC, FAO 2017)..

Soil requirements for basic mother plants and basic material

16. (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

17. (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

18. (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

Amended by

L.N. 152 of 2023.

Requirements for certified material

Requirements for certification of certified material

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

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.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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

sub-regulation (1) shall be

(a) legally protected by a plant variety right in accordance

with provisions on the protection of new varieties;

(b) officially registered pursuant to sub-regulation (4); or

(c) commonly known; a variety is considered to be

commonly known if

(i)

it has been officially registered in another

Member State;

(ii) it is the subject of an application for official

registration in any Member State, or of an

application for a plant variety right referred to in

paragraph (a); or

(iii) it has already been marketed before 30th

September 2012 in Malta or in another Member

State, provided that it has an officially

recognised description

Provided that reference pursuant to sub-regulation (1) may

also be made to a variety of no intrinsic value for commercial crop

production in so far as the variety has an officially recognised

description and the propagation material and fruit trees are

marketed as CAC material in the territory of Malta and are

i d e n t if i e d by a r e f e re n c e t o t h is r e gu l a t i on o n t he la be l o r

document.

(3) As far as possible, each variety shall bear the same

denomination in all Member States, in accordance with the

implementing measures which may be adopted in accordance with

the procedure of Article 19(2) of Council Directive 2008/90/EC or,

in their absence, in accordance with accepted international

guidelines.

(4)

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

found to satisfy certain officially approved conditions

and have an official description. They may also be

officially registered if their material has been already

marketed before the 30th September 2012 in the

territory of Malta, provided that they have an officially

recognised description.

(b) A genetically modified variety may be officially

registered only if the genetically modified organism of

which it consists has been authorised pursuant to

Council Directive 2001/18/EC as transposed in the

Deliberate Release into the Environment of

Genetically

Modified

Organisms

Regulations,

(hereinafter referred to as ‘the Deliberate Release

Regulations’) or pursuant to Regulation (EC) No 1829/

2003. Where products derived from fruit trees or

propagation material are intended to be used as, or in,

food falling within the scope of Article 3 or as in a

feed falling within the scope of Article 15 of

Regulation (EC) No 1829/2003, the variety concerned

shall be officially registered only if the food or feed

derived from this material has been authorised

pursuant to that Regulation.

(5) The requirements for the official registration referred to in

sub-regulation (4) are provided in Schedule III, taking into account

current scientific and technical knowledge and covering

(a) the conditions of official registration, 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;

(d) the maximum period of validity of the official

registration of a variety.

(6) Rules on the system for the notification of varieties or species

or interspecific hybrids to the responsible official bodies of the

Member States and on a common list of varieties are provided in

Schedule III.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

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

suppliers are officially registered in relation to the

activities which they carry out under these regulations.

(b) Malta may decide not to apply paragraph (a) to

suppliers marketing only to non-professional final

consumers.

(2) It shall be ensured that pre-basic, basic, certified material

as well as CAC material is produced under the responsibility of

suppliers that are engaged in the production or reproduction of

propagation material and fruit trees. To this effect, those suppliers

shall

(a) identify and monitor critical points in their production

process which influence the quality of the material;

(b) keep information on the monitoring referred to in

paragraph (a) hereof available for examination when

requested by the responsible official body;

(c) take samples where necessary for analysis in a

laboratory; and

(d) ensure that, during production, lots of propagating

material remain separately identifiable.

(3) It shall be ensured that in the case of the appearance, on the

premises of a supplier, of a harmful organism listed in the Annexes

to Council Directive 2000/29/EC as transposed in the Plant

Quarantine (Harmful Organisms) Regulations, and their

amendments or referred to in the specific requirements established

pursuant to regulation 5 at a level higher than the level allowed in

these specific requirements, the supplier shall report such presence

to the responsible official body without delays, notwithstanding

any reporting obligations under Council Directive 2000/29/EC as

transposed in the Plant Quarantine (Harmful Organisms)

Regulations, and their amendments and carry out any measures

imposed by that body.

(4)

(a) Suppliers shall keep records of their sales or purchases

for at least three years when propagation material or

fruit trees are marketed.

(b) Paragraph (a) shall not apply to suppliers who are

exempted from registration in accordance with sub-

regulation (1)(b).

(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.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1) Propagation material and fruit plants shall be marketed

only in sufficiently homogeneous lots and if they have

(a) qualified as CAC material and accompanied by a

document issued by the supplier in accordance with

the specific requirements established pursuant to

regulation 5. 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 the specific requirements established

pursuant to regulation 5

Provided that the requirements in respect of propagation

material or fruit trees with regard to labelling, sealing and

packaging provided in Schedule II to the principal regulations

shall be respected.

(2) In the case of retail supply of propagation material or fruit

trees to a non-professional final consumer, requirements regarding

labelling referred to in sub-regulation (1) may be confined to

appropriate product information.

(3) In the case of propagation material or fruit trees of a variety

which has been genetically modified, any label and document,

official or otherwise, which is affixed to or accompanies the

material under these regulations shall clearly indicate that the

variety has been genetically modified and shall identify the

genetically modified organisms.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

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

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

separate lots.

(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 including the data relating

to the composition of the lot and origin of its individual

components.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1) Propagation material and fruit trees may only be

marketed if

(a) the propagation material has been officially certified

as "pre-basic material", "basic material" or "certified

material" or if it meets the conditions to be qualified as

CAC material;

(b) the fruit trees have been officially certified as certified

material or they meet the conditions to be qualified as

CAC material.

(2) Propagation material and fruit trees which consist of a

genetically modified organism within the meaning of points 1 and 2

of Article 2 of Council Directive 2001/18/EC as transposed in the

Deliberate Release Regulations shall be placed on the market only

if the genetically modified organism has been authorised pursuant

to that Directive or pursuant to Regulation (EC) No 1829/2003.

Where products derived from fruit trees or propagation

material are intended to be used as or in food falling within the

scope of Article 3 or as or in a feed falling within the scope of

Article 15 of Regulation (EC) No 1829/2003, the propagation

material and fruit trees concerned shall be placed on the market

only if the food or the feed derived from this material has been

authorised pursuant to that Regulation.

(3) Notwithstanding sub-regulation (1), suppliers may be

authorised to place on the market in Malta appropriate quantities of

propagation material or fruit trees intended for

(a) trials or scientific purposes;

(b) selection work; or

(c) conservation of genetic diversity

Provided that the conditions under which Member States

may grant such authorisation may be adopted in accordance with

the procedure referred to in Article 19(2) of Council Directive

2008/90/EC.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1) The responsible official body may exempt

(a) from the application of regulation 8(1), 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 12, 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 sub-regulation (1), in

particular as regards the concepts of "small producers" and "local

market", and to related procedures, may be adopted in accordance

with the procedure of Article 19(2) of Council Directive 2008/90/

EC.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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.

(2) The responsible official body may, as stipulated in notices

issued by the Director, delegate the tasks provided for in these

regulations to be accomplished under its authority and supervision

to any legal person, whether governed by public or private law,

which, under its officially approved statute, is charged exclusively

with specific public functions, provided that such person, and its

members, has no personal interest in the outcome of the measures it

takes.

(3) Any other legal person established on behalf of the

responsible official body and acting under the authority and

supervision of such body may be approved in accordance with the

procedure of Article 19(2) of Council Directive 2008/90/EC,

provided that such person has no personal interest in the outcome

of the measures it takes.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1) It shall be ensured that propagation material and fruit

trees intended for marketing, comply with the requirements of

these regulations.

(2) If, during the official inspection referred to in regulation 12

or the trials referred to in regulation 17, it is found that propagation

material or fruit trees 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 in the Community.

(3) 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 in line with the Act and regulations made

hereunder.

(4) Any measures taken under sub-regulation (3) 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.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

In the event of temporary difficulties in the supply of

propagation material and fruit trees satisfying the requirements of

these regulations due to natural disasters or unforeseen

circumstances, measures may be adopted in accordance with the

procedure of Article 19(2) of Council Directive 2008/90/EC,

concerning the marketing of propagation material and fruit trees

meeting less stringent requirements.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

Propagation material and fruit trees 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.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1) In order to prevent trade patterns from being disrupted,

Malta when importing fruit plant propagating material and fruit

plants from third countries shall be allowed to apply conditions

equivalent to those applicable to similar Union products in

accordance with sub-regulation (3). The application of such

conditions for importation of propagating material and fruit plants

pr o du c e d i n a t hi r d c ou n tr y a ffo r d in g t h e s a m e g ua r a n te e s

complying with these regulations and to which the derogation

mentioned in sub-regulation (3) refers shall be allowed for a period

which is consistent with the transitional period referred to in

regulation 18.

(2) In accordance with the Standing Committee procedure on

Propagating Material and Plants of Fruit Genera and Species, it

shall be decided by the Commission whether propagating material

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

guarantees as regards obligations on the supplier, identity,

c h a r a c t e r i s t i c s , p l a n t h e a l t h , g r o w i n g m ed i u m , p a c k a g i n g ,

inspection arrangements, marking and sealing, are equivalent in all

these respects to propagating material and fruit plants produced in

the Community and complying with the requirements and

conditions of these regulations.

(3) Pending the decision referred to in sub-regulation (2)

hereof, the Directorate may, until 31st December, 2022 and without

prejudice to the provisions of the Plant Quarantine (Harmful

Organisms) Regulations, apply to the import of propagating

material and fruit plants from third countries conditions at least

equivalent to those indicated, on a temporary or permanent basis, in

the specific requirements adopted pursuant to regulation 5. If such

conditions are not laid down in the specific requirements, the

conditions for importation must be at least equivalent to those

applicable to production in Malta.

(4) Propagating material and fruit plants imported by Malta in

accordance with a decision taken by the Directorate in accordance

with sub-regulation (3) shall not be subject to marketing

restrictions in the other Member States as regards the matters

referred to in sub-regulation (2)

Provided that notwithstanding the entry into force of these

regulations, the Directorate may until 31st December, 2018, allow

the importation from third countries of propagation material and

fruit plants which existed prior to 30th September, 2012, which

satisfy the conditions for importation prescribed in regulation 5

before 31st December, 2018.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1) Trials, or, where appropriate, tests shall be carried out

at European Union level 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.

(2) Community comparative trials and trials may be carried out

within the Community for the post-control of samples of

propagation material or fruit trees placed on the market under the

provisions of these regulations whether mandatory or discretionary,

including those relating to plant health.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

Malta may, until 31 December 2029, allow the marketing in

its territory of seeds and seedlings produced from pre-basic, basic and

certified mother plants or CAC material which existed before 1

January 2017 and have been officially certified or meet the conditions

to be qualified as CAC material before 31 December 2029. When

marketed such materials shall be identified by a reference to this

regulation on the label and a document.

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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 for certified mother plants and certified material

20. (1).

A certified mother plant or certified material shall, by visual

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

Schedules A and B, and subject to the requirements of Schedule D, as regards the genus

or species concerned. That visual inspection shall be carried out by the Directorate and,

where appropriate, the supplier.

The Directorate and, where appropriate the supplier, shall carry out sampling and

testing of the certified mother plant or certified material, for the RNQPs listed in

Schedule B, and subject to the requirements of Schedule D, with regards to the genus or

species concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Schedule A, the

Directorate and, where appropriate, the supplier shall carry out sampling and testing of

the certified mother plant or certified material concerned.

(2). As regards sampling and testing, as provided for in paragraph (1), the

Directorate shall apply protocols of EPPO, or other internationally recognised

protocols. Where such protocols do not exist, the Directorate shall apply the relevant

protocols established for Malta. In that case, the Directorate shall, on request, make

available those protocols to the other Member States and to the Commission.

The Directorate and, where appropriate, the supplier shall submit samples to

laboratories officially accepted by the Directorate.

(3). In the case of a positive test result for any of the RNQPs, listed in

Schedules A and B, as regards the genus or species concerned, the supplier shall

remove the infested certified mother plant or certified material from the vicinity of

other certified mother plants and certified material pursuant to items 19(7) or 19(8) of

Schedule IV, or take appropriate measures pursuant to Schedule D.

(4).

The measures to ensure compliance with the requirements of paragraph (1)

are set out in Schedule D, with regard to the genus or species concerned and category.

(5).

Paragraph (1) shall not apply to

(a) certified mother plants and certified material during cryopreservation;

(b) certified material where that material has been produced in areas known

to, or established to, be free from the relevant pests in accordance with

the relevant international standards for phytosanitary measures

(Requirements for the establishment of pest free areas. ISPM No 4

(1995), Rome, IPPC, FAO 2017)..

Soil requirements for certified mother plants and certified material

21. (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.

Unless otherwise stated, 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

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

(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

(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

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

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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 for CAC material

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(1). CAC material shall, by visual inspection carried out by the supplier in

the facilities, fields and lots at the stage of production, be found practically free from

the pests listed in Schedules A and B, as regards the genus or species concerned,

unless stated otherwise in Schedule D.

The supplier shall carry out sampling and testing of the identified source of

material or CAC material for the RNQPs listed in Schedule B, and subject to the

requirements of Schedule D, with regard to the genus or species concerned and

category.

In case of doubts concerning the presence of the RNQPs listed in Schedule A, the

supplier shall carry out sampling and testing of the identified source of material or

CAC material concerned.

CAC propagating material and CAC fruit plants in lots, after the stage of

production, shall only be marketed if found free from signs or symptoms of the pests

listed in Schedules A and B, upon visual inspection carried out by the supplier.

The supplier shall carry out the measures to ensure compliance with the

requirements of paragraph (1) pursuant to Schedule D, with regard to the genus or

species concerned and category.

(2).

Paragraph 1 shall not apply to

(a) CAC material during cryopreservation;

(b) CAC material where that material has been produced in areas known to, or

established to, be free from the relevant pests in accordance with the relevant

international standards for phytosanitary measures (Requirements for the

establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO

2017)..

Requirements concerning defects

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

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.

Requirements with regard to the production site, place of production or area

26a. In addition to the health and soil requirements of items 8, 9 and 10 of Part

I of Section II of Schedule IV, items 15 and 16 of Part II of Section II of Schedule IV,

items 20 and 21 of Part III of Section II of Schedule IV and item 25 of Part IV of

Section II of Schedule IV, propagating material and fruit plants shall be produced in

accordance with the requirements for the production site, place of production, or area as

laid down in Schedule D, in order to limit the presence of the RNQPs listed in that

Schedule for the genus or species concerned.

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

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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

Laws of Malta — Subsidiary Legislation 433.8 — FRUIT TREES PROPAGATION MATERIAL REGULATIONS

(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

Substituted by

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

L.N. 385 of 2020.

case of doubts, sampling and testing, are required pursuant to items

Amended by

L.N. 152 of

8(1), 9(1), 15(1), 20(1) and 25(1) of Schedule IV

2023;

L.N. 221 of 2025.

Genus or Species

RNQPs

Castanea sativa Mill.

Fungi and oomycetes

Cryphonectria parasitica (Murrill) Barr [ENDOPA]

Mycosphaerella punctiformis Verkley & U. Braun

[RAMUEN]

Phytophthora cambivora (Petri) Buisman [PHYTCM]

Phytophthora cinnamomi Rands [PHYTCN]

Viruses, viroids, virus-like diseases and phytoplasmas

Chestnut mosaic agent

Citrus L., Fortunella Swingle,

Fungi and oomycetes

Poncirus Raf.

Phytophthora citrophthora (R.E.Smith & E.H.Smith)

Leonian [PHYTCO ]

Phytophthora nicotianae var. parasitica (Dastur)

Waterhouse [PHYTNP]

Insects and mites

Aleurothrixus floccosus Maskell [ALTHFL]

Parabemisia myricae Kuwana [PRABMY]

Nematodes

Pratylenchus vulnus Allen & Jensen [PRATVU]

Tylenchulus semipenetrans Cobb [TYLESE]

Corylus avellana L.

Bacteria

Pseudomonas avellanae Janse et al. [PSDMAL]

Xanthomonas arboricola pv. Corylina (Miller, Bollen, Simmons,

Gross & Barss) Vauterin, Hoste, Kersters & Swings [XANTCY]

Fungi and oomycetes

Armillariella mellea (Vahl) Kummer [ARMIME]

Verticillium albo-atrum Reinke & Berthold [VERTAA]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Phytoptus avellanae Nalepa [ERPHAV]

Cydonia oblonga Mill. and Pyrus L.

Bacteria

Agrobacterium tumefaciens (Smith& Townsend) Conn

[AGRBTU]

Erwinia amylovora (Burrill) Winslow et al. [ERWIAM]

Pseudomonas syringae pv Syringae van Hall [PSDMSY]

Fungi and oomycetes

Armillariella mellea (Vahl) Kummer [ARMIME]

Chondrostereum purpureum Pouzar [STERPU]

Glomerella cingulata (Stoneman) Spaulding & von Schrenk

[GLOMCI]

Neofabraea alba Desmazières [PEZIAL]

Neofabraea malicorticis Jackson [PEZIMA]

Neonectria ditissima (Tulasne & C Tulasne) Samuels & Rossman

[NECTGA]

Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC]

Sclerophora pallida Yao & Spooner [SKLPPA]

Verticillium albo-atrum Reinke & Berthold [VERTAA]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Eriosoma lanigerum Hausmann [ERISLA]

Psylla spp. Geoffroy [1PSYLG]

Nematodes

Meloidogyne hapla Chitwood [MELGHA]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans(Cobb) Filipjev & Schuurmans-Stekhoven

[PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Ficus carica L.

Bacteria

Xanthomonas campestris pv. fici (Cavara) Dye [XANTFI]

Fungi and oomycetes

Armillariella mellea (Vahl) Kummer [ARMIME]

Insects and mites

Ceroplastes rusci Linnaeus [CERPRU]

Nematodes

Heterodera fici Kirjanova [HETDFI]

Meloidogyne arenaria Chitwood [MELGAR]

Meloidogyne incognita (Kofold & White) Chitwood

[MELGIN]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Fragaria L.

Bacteria

Candidatus Phlomobacter fragariae Zreik, Bové &

Garnier [PHMBFR]

Fungi and oomycetes

Podosphaera aphanis (Wallroth) Braun & Takamatsu

[PODOAP]

Rhizoctonia fragariae Hussain & W.E.McKeen [RHIZFR]

Verticillium albo-atrum Reinke & Berthold [VERTAA]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Chaetosiphon fragaefolii Cockerell [CHTSFR]

Phytonemus pallidus Banks [TARSPA]

Nematodes

Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]

Meloidogyne hapla Chitwood [MELGHA]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Viruses, viroids, virus-like diseases and phytoplasmas

Candidatus Phytoplasma asteris Lee et al. [PHYPAS]

Candidatus Phytoplasma fragariae Valiunas, Staniulis &

Davis [PHYPFG]

Candidatus Phytoplasma pruni [PHYPPN]

Candidatus Phytoplasma solani Quaglino et al. [PHYPSO]

Clover phyllody phytoplasma [PHYP03]

Strawberry multiplier disease phytoplasma [PHYP75]

Juglans regia L.

Bacteria

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Xanthomonas arboricola pv. Juglandi (Pierce) Vauterin et

al. [XANTJU]

Fungi and oomycetes

Armillariella mellea (Vahl) Kummer [ARMIME]

Chondrostereum purpureum Pouzar [STERPU]

Neonectria ditissima (Tulasne & C. Tulasne) Samuels &

Rossman [NECTGA]

Phytophthora cactorum (Lebert & Cohn) J.Schröter

[PHYTCC]

Insects and mites

Epidiaspis leperii Signoret [EPIDBE]

Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE]

Quadraspidiotus perniciosus Comstock [QUADPE]

Malus Mill.

Bacteria

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Erwinia amylovora (Burrill) Winslow et al. [ERWIAM]

Pseudomonas syringae pv. Syringae van Hall [PSDMSY]

Fungi and oomycetes

Armillariella mellea (Vahl) Kummer [ARMIME]

Chondrostereum purpureum Pouzar [STERPU]

Glomerella cingulata (Stoneman) Spaulding & von Schrenk

[GLOMCI]

Neofabraea alba Desmazières [PEZIAL]

Neofabraea malicorticis Jackson [PEZIMA]

Neonectria ditissima (Tulasne & C. Tulasne) Samuels &

Rossman [NECTGA]

Phytophthora cactorum (Lebert & Cohn) J.Schröter

[PHYTCC]

Sclerophora pallida Yao & Spooner [SKLPPA]

Verticillium albo-atrum Reinke & Berthold [VERTAA]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Eriosoma lanigerum Hausmann [ERISLA] Psylla spp.

Geoffroy [1PSYLG]

Nematodes

Meloidogyne hapla Chitwood [MELGHA]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Olea europaea L.

Bacteria

Pseudomonas savastanoi pv. savastanoi (Smith) Gardan et

al. [PSDMSA]

Nematodes

Meloidogyne arenaria Chitwood [MELGAR]

Meloidogyne incognita (Kofold & White) Chitwood

[MELGIN]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Viruses, viroids, virus-like diseases and phytoplasmas

Olive leaf yellowing-associated virus [OLYAV0]

Olive vein yellowing-associated virus [OVYAV0]

Olive yellow mottling and decline associated virus

[OYMDAV]

Pistacia vera L.

Fungi and oomycetes

Phytophthora cambivora (Petri) Buisman [PHYTCM]

Phytophthora cryptogea Pethybridge & Lafferty

[PHYTCR]

Rosellinia necatrix Prillieux [ROSLNE]

Verticillium dahliae Kleb [VERTDA]

Nematodes

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Prunus domestica L. and Prunus

Bacteria

dulcis (Miller) Webb

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Pseudomonas syringae pv. morsprunorum (Wormald)

Young, Dye & Wilkie [PSDMMP]

Fungi and oomycetes

Phytophthora cactorum (Lebert & Cohn) J.Schröter

[PHYTCC]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE]

Quadraspidiotus perniciosus Comstock [QUADPE]

Nematodes

Meloidogyne arenaria Chitwood [MELGAR]

Meloidogyne incognita (Kofold & White) Chitwood

[MELGIN]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Prunus armeniaca L.

Bacteria

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Pseudomonas syringae pv. morsprunorum (Wormald)

Young, Dye & Wilkie [PSDMMP]

Pseudomonas syringae pv. Syringae van Hall [PSDMSY]

(Burkholder)

Dowson

Pseudomonas

viridiflava

[PSDMVF]

Fungi and oomycetes

Phytophthora cactorum (Lebert & Cohn) J.Schröter

[PHYTCC]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE]

Quadraspidiotus perniciosus Comstock [QUADPE]

Nematodes

Meloidogyne arenaria Chitwood [MELGAR]

Meloidogyne incognita (Kofold & White) Chitwood

[MELGIN]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Prunus avium L. and Prunus

Bacteria

cerasus L.

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Pseudomonas syringae pv. morsprunorum (Wormald)

Young, Dye & Wilkie [PSDMMP]

Fungi and oomycetes

Phytophthora cactorum (Lebert & Cohn) J.Schröter

[PHYTCC]

Insects and mites

Quadraspidiotus perniciosus Comstock [QUADPE]

Nematodes

Meloidogyne arenaria Chitwood [MELGAR]

Meloidogyne incognita (Kofold & White) Chitwood

[MELGIN]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Prunus persica (L.) Batsch and

Bacteria

Prunus salicina Lindley

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Pseudomonas syringae pv. morsprunorum (Wormald)

Young, Dye & Wilkie [PSDMMP]

Pseudomonas syringae pv. persicae (Prunier, Luisetti &.

Gardan) Young, Dye & Wilkie [PSDMPE]

Fungi and oomycetes

Phytophthora cactorum (Lebert & Cohn) J.Schröter

[PHYTCC]

Verticillium dahliae Kleb [VERTDA]

Insects and mites

Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE]

Quadraspidiotus perniciosus Comstock [QUADPE]

Nematodes

Meloidogyne arenaria Chitwood [MELGAR]

Meloidogyne incognita (Kofold & White) Chitwood

[MELGIN]

Meloidogyne javanica Chitwood [MELGJA]

Pratylenchus penetrans (Cobb) Filipjev & Schuurmans-

Stekhoven [PRATPE]

Pratylenchus vulnus Allen & Jensen [PRATVU]

Ribes L.

Fungi and oomycetes

Diaporthe strumella (Fries) Fuckel [DIAPST]

(Wallroth)

Léveillé

Microsphaera

grossulariae

[MCRSGR]

Podosphaera mors-uvae (Schweinitz) Braun & Takamatsu

[SPHRMU]

Insects and mites

Cecidophyopsis ribis Westwood [ERPHRI]

Dasineura tetensi Rübsaamen [DASYTE]

Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE]

Quadraspidiotus perniciosus Comstock [QUADPE]

Tetranychus urticae Koch [TETRUR]

Nematodes

Aphelenchoides ritzemabosi (Schwartz) Steiner & Buhrer

[APLORI]

Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]

Viruses, viroids, virus-like diseases and phytoplasmas

Aucuba mosaic agent and blackcurrant yellows agent

combined

Rubus L.

Bacteria

Agrobacterium spp. Conn [1AGRBG]

Rhodococcus fascians Tilford [CORBFA]

Fungi and oomycetes

Peronospora rubi Rabenhorst [PERORU]

Insects and mites

Resseliella theobaldi Barnes [THOMTE]

Vaccinium L.

Bacteria

Agrobacterium tumefaciens (Smith & Townsend) Conn

[AGRBTU]

Fungi and oomycetes

Diaporthe vaccinii Shear [DIAPVA]

Exobasidium vaccinii (Fuckel) Woronin [EXOBVA]

Godronia cassandrae (anamorph Topospora myrtilli) Peck

[GODRCA]

Pucciniastrum minimum Sydow & P. Sydow [THEKMI]

Schedule B

Substituted by

L.N. 385 of 2020.

Amended by

L.N. 152 of 2023.

Substituted by

L.N. 221 of 2025.

List of RNQPs for the presence of which visual inspection, and, where applicable,

sampling and testing are required pursuant to items 8(2), 8(4), 9(1), 15(1), 20(1), and

25(1) of Schedule IV and Schedule D.

Genus or species

RNQPs

Castanea sativa Mill.

Fungi and oomycetes

Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld [PHYTRA]

Citrus L., Fortunella Swingle

Bacteria

and

Spiroplasma citri Saglio et al. [SPIRCI]

Poncirus Raf.

Fungi and oomycetes

Plenodomus tracheiphilus (Petri) Gruyter, Aveskamp & Verkley

[DEUTTR]

Viruses, viroids, virus-like diseases and phytoplasmas

Citrus cristacortis agent [CSCC00]

Citrus exocortis viroid [CEVD00]

Citrus impietratura agent [CSI000]

Citrus leaf blotch virus [CLBV00]

Citrus psorosis vírus [CPSV00]

Citrus tristeza virus (EU isolates) [CTV000]

Citrus variegation virus [CVV000]

Hop stunt viroid [HSVD00]

Corylus avellana L.

Viruses, viroids, virus-like diseases and phytoplasmas

Apple mosaic virus [APMV00]

Cydonia oblonga Mill.

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple rubbery wood agent [ARW000]

Apple stem grooving virus [ASGV00]

Apple stem-pitting virus [ASPV00]

Pear bark necrosis agent [PRBN00]

Pear bark split agent [PRBS00]

Pear blister canker viroid [PBCVD0]

Pear rough bark agent [PRRB00]

Quince yellow blotch agent [ARW000]

Fragaria L.

Bacteria

Xanthomonas fragariae Kennedy & King [XANTFR]

Fungi and oomycetes

Colletotrichum acutatum Simmonds [COLLAC]

Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC]

Phytophthora fragariae C.J. Hickman [PHYTFR]

Nematodes

Aphelenchoides besseyi Christie [APLOBE]

Aphelenchoides blastophthorus Franklin [APLOBL]

Aphelenchoides fragariae (Ritzema Bos) Christie

[APLOFR]

Aphelenchoides ritzemabosi (Schwartz) Steiner &

Buhrer [APLORI]

Viruses, viroids, virus-like diseases and

phytoplasmas

Arabis mosaic virus [ARMV00]

Raspberry ringspot virus [RPRSV0]

Strawberry crinkle virus [SCRV00]

Strawberry latent ringspot virus [SLRSV0]

Strawberry mild yellow edge virus [SMYEV0]

Strawberry mottle virus

[SMOV00]

Strawberry vein banding virus

[SVBV00]

Tomato black ring virus [TBRV00]

Juglans regia L.

Viruses, viroids, virus-like diseases and phytoplasmas

Cherry leaf roll virus [CLRV00]

Malus Mill.

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple dimple fruit viroid [ADFVD0]

Apple flat limb agent [AFL000]

Apple mosaic virus [APMV00]

Apple rubbery wood agent [ARW000]

Apple scar skin viroid [ASSVD0]

Apple star crack agent [APHW00]

Apple stem grooving virus [ASGV00]

Apple stem-pitting virus [ASPV00]

Candidatus Phytoplasma mali Seemüller & Schneider

[PHYPMA]

Fruit disorders: chat fruit [APCF00], green crinkle

[APGC00], bumpy fruit of Ben Davis, rough skin [APRSK0],

star crack, russet ring [APLP00], russet wart

Tomato ringspot virus [TORSV0]

Olea europaea L.

Fungi and oomycetes

Verticillium dahliae Kleb [VERTDA]

Viruses, viroids, virus-like diseases and phytoplasmas

Arabis mosaic virus [ARMV00]

Cherry leaf roll virus [CLRV00]

Strawberry latent ringspot virus [SLRSV0]

Prunus dulcis (Miller) Webb

Bacteria

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

[XANTPR]

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple mosaic virus [APMV00]

Candidatus Phytoplasma prunorum Seemüller & Schneider

[PHYPPR]

Plum pox virus [PPV000]

Prune dwarf virus [PDV000]

Prunus necrotic ringspot virus [PNRSV0]

Tomato ringspot virus [TORSV0]

Prunus armeniaca L.

Bacteria

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

[XANTPR]

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple mosaic virus [APMV00]

Apricot latent virus [ALV000]

Candidatus Phytoplasma prunorum Seemüller &

Schneider [PHYPPR]

Plum pox virus [PPV000]

Prune dwarf virus [PDV000]

Prunus necrotic ringspot virus [PNRSV0]

Tomato ringspot virus [TORSV0]

Prunus avium L. and Prunus

Bacteria

cerasus L.

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

[XANTPR]

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple mosaic virus

[APMV00]

Arabis mosaic virus [ARMV00]

Candidatus Phytoplasma prunorum Seemüller & Schneider

[PHYPPR]

Cherry green ring mottle virus [CGRMV0]

Cherry leaf roll virus [CLRV00]

Cherry mottle leaf virus [CMLV00]

Cherry necrotic rusty mottle virus [CRNRM0]

Little cherry virus 1 and 2 [LCHV10], [LCHV20]

Plum pox virus [PPV000]

Prune dwarf virus [PDV000]

Prunus necrotic ringspot virus [PNRSV0]

Raspberry ringspot virus [RPRSV0]

Strawberry latent ringspot virus [SLRSV0]

Tomato black ring virus [TBRV00]

Tomato ringspot virus [TORSV0]

Prunus domestica L., Prunus

Bacteria

salicina

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

Lindley, and other species of

[XANTPR]

Prunus

L. susceptible to Plum pox

virus in the case of Prunus

Viruses, viroids, virus-like diseases and phytoplasmas

L. hybrids

Apple chlorotic leaf spot virus [ACLSV0]

Apple mosaic virus

[APMV00]

Candidatus Phytoplasma prunorum Seemüller & Schneider

[PHYPPR] Myrobalan latent ringspot virus [MLRSV0]

Plum pox virus

[PPV000]

Prune dwarf virus

[PDV000]

Prunus necrotic ringspot virus [PNRSV0]

Tomato ringspot virus [TORSV0]

Prunus persica (L.) Batsch

Bacteria

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

[XANTPR]

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple mosaic virus [APMV00]

Apricot latent virus [ALV000]

Candidatus Phytoplasma prunorum Seemüller & Schneider

[PHYPPR]

Peach latent mosaic viroid [PLMVD0]

Plum pox virus

[PPV000]

Prune dwarf virus

[PDV000]

Prunus necrotic ringspot virus [PNRSV0]

Strawberry latent ringspot virus [SLRSV0]

Tomato ringspot virus [TORSV0]

Pyrus L.

Viruses, viroids, virus-like diseases and phytoplasmas

Apple chlorotic leaf spot virus [ACLSV0]

Apple rubbery wood agent [ARW000]

Apple stem grooving virus [ASGV00]

Apple stem-pitting virus [ASPV00]

Candidatus Phytoplasma pyri Seemüller & Schneider

[PHYPPY]

Pear bark necrosis agent [PRBN00]

Pear bark split agent [PRBS00]

Pear blister canker viroid [PBCVD0]

Pear rough bark agent [PRRB00]

Quince yellow blotch agent [ARW000]

Ribes L.

Viruses, viroids, virus-like diseases and phytoplasmas

Arabis mosaic virus [ARMV00]

Blackcurrant reversion virus [BRAV00]

Cucumber mosaic virus [CMV000]

Gooseberry vein banding associated virus

[GOVB00]

Raspberry ringspot virus [RPRSV0]

Strawberry latent ringspot virus [SLRSV0]

Rubus L.

Fungi and oomycetes

Phytophthora spp. de Bary [1PHYTG]

Viruses, viroids, virus-like diseases and phytoplasmas

Apple mosaic virus [APMV00]

Arabis mosaic virus [ARMV00]

Black raspberry necrosis virus [BRNV00]

Candidatus Phytoplasma rubi Malembic-Maher et al.

[PHYPRU]

Cucumber mosaic virus [CMV000]

Raspberry bushy dwarf virus [RBDV00]

Raspberry leaf mottle virus [RLMV00]

Raspberry ringspot virus [RPRSV0]

Raspberry vein chlorosis virus [RVCV00]

Raspberry yellow spot

[RYS000]

Rubus yellow net virus

[RYNV00]

Strawberry latent ringspot virus

[SLRSV0]

Tomato black ring virus

[TBRV00]

Tomato ringspot virus [TORSV0]

Vaccinium L.

Fungi and oomycetes

Phytophthora ramorum (EU isolates) Werres, De Cock & Man

in ‘t Veld [PHYTRA]

Viruses, viroids, virus-like diseases and phytoplasmas

Blueberry mosaic associated ophiovirus [BLMAV0]

Blueberry red ringspot virus [BRRV00]

Blueberry scorch virus [BLSCV0]

Blueberry shock virus [BLSHV0]

Blueberry shoestring virus [BSSV00]

Candidatus Phytoplasma asteris Lee et al. [PHYPAS]

Candidatus Phytoplasma pruni [PHYPPN]

Candidatus Phytoplasma solani Quaglino et al. [PHYPSO]

Cranberry false blossom phytoplasma

[PHYPFB]

Tobacco ringspot virus [TRSV0]

Tomato ringspot virus [TORSV0]"

Schedule C

Substituted by

L.N. 385 of 2020.

List of RNQPs whose presence in soil is provided for in items 10(1), 10(2), 16(1),

21(1) and 21(2) of Schedule IV".

Genus or species

RNQPs

Fragaria L.

Nematodes

Longidorus attenuatus Hooper [LONGAT]

Longidorus elongatus (de Man) Thorne &

Swanger [LONGEL]

Longidorus macrosoma Hooper [LONGMA]

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Juglans regia L.

Nematodes

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Olea europaea L.

Nematodes

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Pistacia vera L.

Nematodes

Xiphinema index Thorne & Allen [XIPHIN]

Prunus avium L. and Prunus cerasus L.

Nematodes

Longidorus attenuatus Hooper [LONGAT]

Longidorus elongatus (de Man) Thorne &

Swanger [LONGEL]

Longidorus macrosoma Hooper [LONGMA]

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Prunus domestica L., Prunus persica (L.)

Nematodes

Batsch and Prunus salicina Lindley

Longidorus attenuatus Hooper [LONGAT]

Longidorus elongatus (de Man) Thorne &

Swanger [LONGEL]

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Ribes L.

Nematodes

Longidorus elongatus (de Man) Thorne &

Swanger [LONGEL]

Longidorus macrosoma Hooper [LONGMA]

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Nematodes

Longidorus attenuatus Hooper [LONGAT]

Longidorus elongatus (de Man) Thorne &

Swanger [LONGEL]

Longidorus macrosoma Hooper [LONGMA]

Xiphinema diversicaudatum (Mikoletzky) Thorne

[XIPHDI]

Schedule D

Substituted by

L.N. 385 of 2020.

Amended by

L.N. 221 of 2025.

Requirements concerning measures per genera or species and category pursuant to items

9(1), 9(3), 9(4), 15(1), 15(3), 15(4), 20(1), 20(3), 20(4), 25(1) and 26(a) of Schedule IV

Propagating material shall comply with the requirements concerning Union

quarantine pests and protected zone quarantine pests provided for in implementing

acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures

adopted pursuant to Article 30(1) of that Regulation.

Moreover, it shall comply with the following requirements per genera or species

and category concerned

1. Castanea sativa Mill.

(a)

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 RNQPs listed in Schedule A.

(b)

Pre-basic category

Requirements with regards to the production site, place of production or

area

In the case where a derogation is allowed to produce pre-basic material in

the field under non-insect proof conditions pursuant to Commission

Implementing Decision (EU) 2017/925, the following requirements shall

apply

(i)

Cryphonectria parasitica (Murrill) Barr

— propagating material and fruit plants of the pre-basic category shall

be produced in areas established by the Directorate as being free

from Cryphonectria parasitica (Murrill) Barr in accordance with

relevant international standards for phytosanitary measures; or

— no symptoms of Cryphonectria parasitica (Murrill) Barr shall be

observed at the production site on propagating material and fruit

plants of the pre-basic category over the last complete cycle of

vegetation.

(ii) Phytophthora ramorum (EU isolates) Werres, De Cock & Man in

‘t Veld

— propagating material and fruit plants of the pre-basic category shall

be produced in areas established by the Directorate as being free

from Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld in accordance with relevant international standards

for phytosanitary measures; or

— no symptoms of Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld shall be observed on propagating material

and fruit plants of the pre-basic category at the production site

over the last complete cycle of vegetation.

(c)

Basic category

Requirements with regard to the production site, place of production

(i)

Cryphonectria parasitica (Murrill) Barr

— propagating material and fruit plants of the basic

category shall be produced in areas established by the

Directorate as being free from Cryphonectria parasitica

(Murrill) Barr in accordance with relevant international

standards for phytosanitary measures; or

— no symptoms of Cryphonectria parasitica (Murrill)

Barr shall be observed at the production site on propagating

material and fruit plants of the basic category over the last

complete cycle of vegetation.

(ii)

Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld

— propagating material and fruit plants of the basic

category shall be produced in areas established by the

Directorate as being free from Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t Veld in accordance

with relevant international standards for phytosanitary

measures; or

— no symptoms of Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t Veld shall be observed

on propagating material and fruit plants of the basic category

at the production site over the last complete cycle of

FRUIT TREES PROPAGATION MATERIAL

vegetation

(d)

Certified and CAC categories

Requirements with regards to the production site, place of

production or area

(i)

Cryphonectria parasitica (Murrill) Barr

— propagating material and fruit plants of the

certified and CAC categories shall be produced in areas

established by the Directorate as being free from

Cryphonectria parasitica (Murrill) Barr in accordance with

relevant International Standards for Phytosanitary Measures;

or

— no symptoms of Cryphonectria parasitica (Murrill)

Barr shall be observed at the production site on propagating

material and fruit plants of the certified and CAC categories

over the last complete cycle of vegetation; or

— propagating material and fruit plants of the

certified and CAC categories showing symptoms of

Cryphonectria parasitica (Murrill) Barr shall be rogued out,

the remaining propagating material and fruit plants shall be

inspected at weekly intervals and no symptoms shall be

observed at the production site for at least three weeks before

dispatch.

(ii) Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld

— propagating material and fruit plants of the

certified and CAC categories shall be produced in areas

established by the Directorate as being free from

Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld in accordance with relevant international

standards for phytosanitary measures; or

— no symptoms of Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t Veld shall be observed

on propagating material and fruit plants of the certified and

CAC categories at the production site over the last complete

cycle of vegetation; or

— propagating material and fruit plants of the

certified and CAC categories showing symptoms of

Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld at the production site and all plants within a

2m radius of the symptomatic propagating material and fruit

plants, shall be rogued out and destroyed, including adhering

soil; and

— for all plants located within a 10m radius of

symptomatic propagating material and fruit plants and any

remaining propagating material and fruit plants from the

affected lot

— within three months following the detection

of symptomatic propagating material and fruit plants, no

symptoms of Phytophthora ramorum (EU isolates) Werres,

De Cock & Man in ‘t Veld shall be observed on that

propagating material and those fruit plants in at least two

inspections at appropriate times to detect the pest and during

that three-month period no treatments suppressing symptoms

of Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be carried out; and

— after that three-month period

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t

Veld are observed on that propagating material and

those fruit plants at the production site; or

— a representative sample of that

propagating material and those fruit plants to be

moved shall be tested and found free from

Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld; and

— for all other propagating material and fruit plants at

the production site

— no symptoms of Phytophthora ramorum

(EU isolates) Werres, De Cock & Man in ‘t Veld shall

be observed on that propagating material and those

fruit plants at the production site; or

— a representative sample of that propagating material and those fruit

plants to be moved has been tested and found free from Phytophthora ramorum

(EU isolates) Werres, De Cock & Man in ‘t Veld.

2. Citrus L., Fortunella Swingle and Poncirus Raf.

(a)

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 every year

concerning the presence of Spiroplasma citri Saglio et al. Each pre-basic

mother plant shall be sampled and tested three years after its acceptance as

a pre-basic mother plant and with subsequent intervals of three years

concerning the presence of Citrus tristeza virus (EU isolates).

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 RNQPs, other than Citrus tristeza virus

(EU isolates) and Spiroplasma citri Saglio et al., listed in Schedule B, and

in the case of doubts concerning the presence of RNQPs listed in Schedule

A.

(b)

Basic category

Visual inspection

Visual inspections shall be carried out twice a year with regard to Citrus

tristeza virus (EU isolates), Spiroplasma citri Saglio et al. and Plenodomus

tracheiphilus (Petri) Gruyter, Aveskamp & Verkley. Visual inspections shall

be carried out once a year for all RNQPs, other than Citrus tristeza virus

(EU isolates), Spiroplasma citri Saglio et al. and Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp & Verkley, listed in Schedules A and B.

Sampling and testing

In the case of basic mother plants which have been maintained in insect

proof facilities, each basic mother plant shall be sampled and tested every

three years concerning the presence of Citrus tristeza virus (EU isolates). A

representative portion of basic mother plants shall be sampled and tested

every three years concerning the presence of Spiroplasma citri Saglio et al.

In the case of basic mother plants which have not been maintained in insect

proof facilities, a representative portion of basic mother plants shall be

sampled and tested every year concerning the presence of Citrus tristeza

virus (EU isolates) and Spiroplasma citri Saglio et al. in order to have all

mother plants tested within an interval of 2 years. In the case of a positive

test result for Citrus tristeza virus (EU isolates) all basic mother plants in

the production site shall be sampled and tested. A representative portion of

basic mother plants which have not been maintained in insect proof

facilities 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 RNQPs, other than Citrus tristeza virus (EU isolates) and Spiroplasma

citri Saglio et al., listed in Schedules A and B.

(c)

Certified category

Visual inspection

Visual inspections shall be carried out twice a year with regard to Citrus

tristeza virus (EU isolates), Spiroplasma citri Saglio et al. and Plenodomus

tracheiphilus (Petri) Gruyter, Aveskamp & Verkley. Visual inspections shall

be carried out once a year for all RNQPs, other than Citrus tristeza virus

(EU isolates), Spiroplasma citri Saglio et al. and Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp & Verkley listed in Schedules A and B.

Sampling and testing

In the case of certified mother plants which have been maintained in insect

proof facilities, a representative portion of certified mother plants shall be

sampled and tested every four years concerning the presence of Citrus

tristeza virus (EU isolates) in order to have all mother plants tested within

an interval of 8 years.

In the case of certified mother plants which have not been maintained in

insect proof facilities, a representative portion of certified mother plants

shall be sampled and tested every year concerning the presence of Citrus

tristeza virus (EU isolates) in order to have all mother plants tested within

an interval of 3 years. A representative portion of certified mother plants

which have not been maintained in insect proof facilities shall be sampled

and tested in the case of doubts concerning the presence of pests, other than

Citrus tristeza virus (EU isolates), listed in Schedules A and B.

In the case of a positive test result for Citrus tristeza virus (EU isolates) all

certified mother plants in the production site shall be sampled and tested.

(d)

Basic and certified categories

Requirements with regards to the production site, place of production or

area

(i)

propagating material and fruit plants of the basic and

certified categories shall be produced in areas known to be free from Citrus

tristeza virus (EU isolates), Spiroplasma citri Saglio et al. and Plenodomus

tracheiphilus (Petri) Gruyter, Aveskamp & Verkley ; or

(ii)

in the case of propagating material and fruit plants of the

basic and certified categories which have been grown in insect proof

facilities, no symptoms of Spiroplasma citri Saglio et al. or Plenodomus

tracheiphilus (Petri) Gruyter, Aveskamp & Verkley are observed on that

propagating material and those fruit plants over the last complete growing

season and the material has been subjected to random sampling and testing

Citrus tristeza virus (EU isolates) before marketing; or

(iii) in the case of propagating material and fruit plants of the

certified category which have not been grown in insect proof facilities, no

symptoms of Spiroplasma citri Saglio et al. or Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp & Verkley are observed on that propagating

material and those fruit plants over the last complete growing season, and a

representative portion of the material has been sampled and tested for

Citrus tristeza virus (EU isolates) before marketing; or

(iv) in the case of propagating material and fruit plants of the

certified category which have not been grown in insect proof facilities

— symptoms of Plenodomus tracheiphilus (Petri) Gruyter,

Aveskamp & Verkley or Spiroplasma citri Saglio et al. are observed

on no more than 2% of propagating material and fruit plants of the

certified category in the production site over the last complete

growing season, and that propagating material and those fruit plants,

and any symptomatic plants in the immediate vicinity have been

rogued out and immediately destroyed; and

— a representative portion of propagating material and fruit

plants of the certified category has been sampled and tested for

Citrus tristeza virus (EU isolates), before marketing and no more

than 2% of propagating material and fruit plants of the certified

category in the production site have been found positive over the

last complete growing season. That propagating material and those

fruit plants have been rogued out and immediately destroyed.

Propagating material and fruit plants in the immediate vicinity have

been subjected to random sampling and testing, and any propagating

material and fruit plants which have been found positive have been

rogued out and immediately destroyed.

(e)

CAC category

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Propagating material and fruit plants of the CAC category shall derive from

an identified source of material, which has been found free, on the basis of

visual inspection, sampling and testing, from the RNQPs as listed in

Schedule B.

In the case the identified source of material has been maintained in insect

proof facilities, a representative portion of that material shall be sampled

and tested every eight years concerning the presence of Citrus tristeza virus

(EU isolates).

In the case the identified source of material has not been maintained in

insect-proof facilities, a representative portion of that material shall be

sampled and tested every three years concerning the presence of Citrus

tristeza virus (EU isolates).

Requirements with regard to the production site, place of production or

(i)

propagating material and fruit plants of the CAC category

shall be produced in areas known to be free from Citrus tristeza virus (EU

isolates), Spiroplasma citri Saglio et al. and Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp & Verkley; or

(ii)

in the case of propagating material and fruit plants of the

CAC category which have been grown in insect proof facilities, no

symptoms of Spiroplasma citri Saglio et al. or Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp & Verkley are observed on that propagating

material and those fruit plants over the last complete growing season and

the material has been subjected to random sampling and testing for Citrus

tristeza virus (EU isolates) before marketing; or

(iii) in the case of propagating material and fruit plants of the

CAC category which have not been grown in insect proof facilities, no

symptoms of Spiroplasma citri Saglio et al. or Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp & Verkley are observed on propagating material

and fruit plants of the CAC category in the production site over the last

complete growing season, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed, and a

representative portion of the material has been sampled and tested for

Citrus tristeza virus (EU isolates) before marketing; or

(iv)

in the case of propagating material and fruit plants of the

CAC category which have not been grown in insect proof facilities

— symptoms of Spiroplasma citri Saglio et al. or

Plenodomus tracheiphilus (Petri) Gruyter, Aveskamp & Verkley are

observed on no more than 2 % of propagating material and fruit

plants of the CAC category in the production site over the last

complete growing season, and that propagating material and those

fruit plants and any symptomatic plants in the immediate vicinity

have been rogued out and immediately destroyed; and

— a representative portion of propagating material and fruit

plants of the CAC category has been sampled and tested for Citrus

tristeza virus (EU isolates), before marketing and no more than 2%

of propagating material and fruit plants of the CAC category in the

production site have been found positive over the last complete

growing season. That propagating material and those fruit plants

have been rogued out and immediately destroyed. Propagating

material and fruit plants in the immediate vicinity have been

subjected to random sampling and testing, and any propagating

material and fruit plants which have been found positive have been

rogued out and immediately destroyed.

Corylus avellana L.

3. 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 the RNQPs listed in Schedules A and B.

4. Cydonia oblonga Mill.

(a)

All categories

Visual inspection

Visual inspections shall be carried out over the last complete growing

season for Erwinia amylovora (Burrill) Winslow et al. For all RNQPs,

other than Erwinia amylovora (Burrill) Winslow et al., visual inspections

shall be carried out once a year.

(b)

Pre-basic category

Sampling and testing

Each pre-basic mother plant shall be sampled and tested fifteen years after

its acceptance as a pre-basic mother plant and with subsequent intervals of

fifteen years concerning the presence of RNQPs other than virus-like

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

concerning the presence of RNQPs listed in Schedule A.

(c)

Basic category

Sampling and testing

A representative portion of basic mother plants shall be sampled and tested

every fifteen years on the basis of an assessment of the risk of infection of

those plants concerning the presence of RNQPs other than virus-like

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

concerning the presence of RNQPs listed in Schedule A.

(d)

Certified category

Sampling and testing

A representative portion of certified mother plants shall be sampled and

tested every fifteen years on the basis of an assessment of the risk of

infection of those plants concerning the presence of RNQPs other than

virus-like diseases and viroids listed in Schedule B, and in the case of

doubts concerning the presence of RNQPs listed in Schedule A.

Certified fruit plants shall be sampled and tested in case of doubts

concerning the presence of RNQPs listed in Schedules A and B.

(e)

Basic and certified categories

Requirements with regards to the production site, place of production or

area

(i)

propagating material and fruit plants of the basic and

certified categories shall be produced in areas known to be free from

Erwinia amylovora (Burrill) Winslow et al. ; or

(ii)

propagating material and fruit plants of the basic and

certified categories in the production site have been inspected over the last

complete growing season, and any propagating material and fruit plants

showing symptoms of Erwinia amylovora (Burrill) Winslow et al. and any

surrounding host plants have been immediately rogued out and destroyed.

(f)

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of doubts concerning

the presence of RNQPs listed in Schedules A and B.

Requirements with regards to the production site, place of production or

area

(i)

propagating material and fruit plants of the CAC category

shall be produced in areas known to be free from Erwinia amylovora

(Burrill) Winslow et al.; or

(ii)

propagating material and fruit plants of the CAC category in

the production site have been inspected over the last complete growing

season, and any propagating material and fruit plants showing symptoms of

Erwinia amylovora (Burrill) Winslow et al. and any surrounding host

plants have been immediately rogued out and destroyed.

5. 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 the RNQPs listed in Schedule A.

6. Fragaria L.

(a)

All categories

Visual inspection

Visual inspections shall be carried out twice a year during the growing

season. The foliage of Fragaria L. shall be visually inspected concerning

the presence of Phytophthora fragariae C.J. Hickman.

For propagating material and fruit plants produced by micropropagation,

and which are maintained for a period shorter than three months, only one

visual inspection during this period is necessary.

(b)

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 subsequently once per growing

season concerning the presence of RNQPs listed in Schedule B, and in the

case of doubts concerning the presence of RNQPs listed in Schedule A.

(c)

Basic category

Sampling and testing

A representative sample of roots shall be sampled and tested in the case of

symptoms of Phytophthora fragariae C.J. Hickman on the foliage.

Sampling and testing shall be carried out if the symptoms of Arabis mosaic

virus, Raspberry ringspot virus, Strawberry crinkle virus, Strawberry latent

ringspot virus, Strawberry mild yellow edge virus, Strawberry vein banding

virus and Tomato black ring virus are unclear upon visual inspection.

Sampling and testing shall be carried out in the case of doubts concerning

the presence of RNQPs, other than Arabis mosaic virus, Phytophthora

fragariae C.J. Hickman, Raspberry ringspot virus, Strawberry crinkle

virus, Strawberry latent ringspot virus, Strawberry mild yellow edge virus,

Strawberry vein banding virus, and Tomato black ring virus, listed in

Schedules A and B.

Requirements with regards to the production site, place of production or

area

(i)

— Phytophthora fragariae C.J. Hickman

— propagating material and fruit plants of the basic category

shall be produced in areas known to be free from Phytophthora

fragariae C.J. Hickman; or

— no symptoms of Phytophthora fragariae C.J. Hickman are

observed on the foliage of propagating material and fruit plants of

the basic category in the production site over the last complete

growing season, and any infected propagating material and fruit

plants and plants in a surrounding zone of at least 5 m radius have

been marked, excluded from lifting and marketing, and destroyed

after uninfected propagating material and fruit plants have been

lifted;

— Xanthomonas fragariae Kennedy & King

— propagating material and fruit plants of the basic category

shall be produced in areas known to be free from Xanthomonas

fragariae Kennedy & King; or

— no symptoms of Xanthomonas fragariae Kennedy & King

are observed on propagating material and fruit plants of the basic

category in the production site over the last complete growing

season, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed.

(ii)

— Phytophthora fragariae C.J. Hickman

— there shall be a rest period, during which the propagating

material and fruit plants concerned shall not be grown, which shall

be of at least ten years between findings of Phytophthora fragariae

C.J. Hickman and the next planting; or

— the cropping and soil borne disease history of the

production site shall be recorded;

— Xanthomonas fragariae Kennedy & King

— there shall be a rest period, during which the propagating

material and fruit plants concerned shall not be grown, which shall

be of at least one year between findings of Xanthomonas fragariae

Kennedy & King and the next planting;

(iii) Requirements for RNQPs, other than Xanthomonas fragariae

Kennedy & King and Phytophthora fragariae C.J. Hickman and other than

viruses

— The percentage of propagating material and fruit plants of

the basic category in the production site over the last complete

growing season, showing symptoms of each of the following

RNQPs shall not exceed

— 0.05% in the case of Aphelenchoides besseyi;

— 0.1% in the case of Strawberry multiplier disease

phytoplasma;

— 0.2% in the case of

Candidatus Phytoplasma asteris Lee et al.;

Candidatus Phytoplasma pruni;

Candidatus Phytoplasma solani Quaglino et al.;

Verticillium albo-atrum Reinke & Berthold;

Verticillium dahliae Kleb;

— 0.5% in the case of

Chaetosiphon fragaefolii Cockerell;

Ditylenchus dipsaci (Kuehn) Filipjev;

Meloidogyne hapla Chitwood;

Podosphaera aphanis (Wallroth) Braun & Takamatsu;

— 1% in the case of Pratylenchus vulnus Allen & Jensen;

and that propagating material and those fruit plants and any

surrounding host plants have been rogued out and destroyed; and

— In the case of a positive test result for propagating

material and fruit plants of the basic category showing symptoms of

Arabis mosaic virus, Raspberry ringspot virus, Strawberry crinkle

virus, Strawberry latent ringspot virus, Strawberry mild yellow edge

virus, Strawberry vein banding virus, and Tomato black ring virus,

the propagating material and fruit plants concerned shall be rogued

out and immediately destroyed.

(iv)

Requirements for all viruses

symptoms of all viruses listed in Schedules A and B shall have been

observed on no more than 1% of propagating material and fruit

plants of the basic category in the production site over the last

complete growing season, and that propagating material and those

fruit plants and any symptomatic plants in the immediate vicinity

shall have been rogued out and immediately destroyed.

(d)

Certified category

Sampling and testing

A representative sample of roots shall be sampled and tested in the case of

symptoms of Phytophthora fragariae C.J. Hickman on the foliage.

Sampling and testing shall be carried out if the symptoms of Arabis mosaic

virus, Raspberry ringspot virus, Strawberry crinkle virus, Strawberry latent

ringspot virus, Strawberry mild yellow edge virus, Strawberry vein banding

virus, and Tomato black ring virus are unclear upon visual inspection.

Sampling and testing shall be carried out in the case of doubts concerning

the presence of RNQPs, other than Arabis mosaic virus, Phytophthora

fragariae C.J. Hickman, Raspberry ringspot virus, Strawberry crinkle

virus, Strawberry latent ringspot virus, Strawberry mild yellow edge virus,

Strawberry vein banding virus, and Tomato black ring virus, listed in

Schedules A and B.

Requirements with regards to the production site, place of production or

(i)

— Phytophthora fragariae C.J. Hickman

— propagating material and fruit plants of the certified

category shall be produced in areas known to be free from

Phytophthora fragariae C.J. Hickman; or

— no symptoms of Phytophthora fragariae C.J. Hickman are

observed on the foliage of propagating material and fruit plants of

the certified category in the production site over the last complete

growing season, and any infected propagating material and fruit

plants and plants in a surrounding zone of at least 5m radius have

been marked, excluded from lifting and marketing, and destroyed

after uninfected plants have been lifted;

— Xanthomonas fragariae Kennedy & King

— propagating material and fruit plants of the certified

category shall be produced in areas known to be free from

Xanthomonas fragariae Kennedy & King; or

— symptoms of Xanthomonas fragariae Kennedy & King

have been observed on no more than 2% of propagating material and

fruit plants of the certified category in the production site over the

last complete growing season, and that propagating material and

those fruit plants, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed.

(ii)

— Phytophthora fragariae C.J. Hickman

— there shall be a rest period, during which the propagating

material and fruit plants concerned shall not be grown, which shall

be of at least ten years between findings of Phytophthora fragariae

C.J. Hickman and the next planting; or

— the cropping and soil borne disease history of the

production site shall be recorded;

— Xanthomonas fragariae Kennedy & King

— there shall be a rest period, during which the propagating

material and fruit plants concerned shall not be grown, which shall

be of at least one year between findings of Xanthomonas fragariae

Kennedy & King and the next planting;

(iii) Requirements for RNQPs, other than Xanthomonas fragariae

Kennedy & King and Phytophthora fragariae C.J. Hickman and other than

viruses

— the percentage of propagating material and fruit plants of

the certified category in the production site over the last complete

growing season, showing symptoms of each of the following

RNQPs shall not exceed

— 0.1% in the case of Phytonemus pallidus Banks;

— 0.5% in the case of

Aphelenchoides besseyi Christie;

Strawberry multiplier disease phytoplasma;

— 1% in the case of

Aphelenchoides fragariae (Ritzema Bos) Christie;

Candidatus Phlomobacter fragariae Zreik, Bové &

Garnier;

Candidatus Phytoplasma asteris Lee et al.;

Candidatus Phytoplasma fragariae Valiunas, Staniulis

& Davis;

Candidatus Phytoplasma pruni;

Candidatus Phytoplasma solani Quaglino et al.;

Chaetosiphon fragaefolii Cockerell;

Clover phyllody phytoplasma;

Ditylenchus dipsaci (Kuehn) Filipjev;

Meloidogyne hapla Chitwood Chitwood;

Podosphaera aphanis (Wallroth) Braun & Takamatsu;

Pratylenchus vulnus Allen & Jensen;

Rhizoctonia fragariae Hussain & W.E.McKeen;

— 2% in the case of

Verticillium albo-atrum Reinke & Berthold;

Verticillium dahliae Kleb; and that propagating

material and those fruit plants, and any surrounding

host plants have been rogued out and destroyed; and

— In the case of a positive test result for propagating

material and fruit plants of the certified category showing symptoms

of Arabis mosaic virus, Raspberry ringspot virus, Strawberry crinkle

virus, Strawberry latent ringspot virus, Strawberry mild yellow edge

virus, Strawberry vein banding virus, and Tomato black ring virus,

the propagating material and fruit plants concerned shall be rogued

out and immediately destroyed.

(iv)

Requirements for all viruses

Symptoms of all viruses listed in Schedules A and B have been

observed on no more than 2% of propagating material and fruit plants of

the certified category in the production site over the last complete growing

season, and that propagating material and those fruit plants and any

symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed.

(e)

CAC category

Sampling and testing

A representative sample of roots shall be sampled and tested in the case of

symptoms of Phytophthora fragariae C.J. Hickman on the foliage.

Sampling and testing shall be carried out if the symptoms of Arabis mosaic

virus, Raspberry ringspot virus, Strawberry crinkle virus, Strawberry latent

ringspot virus, Strawberry mild yellow edge virus, Strawberry vein

banding virus, and Tomato black ring virus are unclear upon visual

inspection. Sampling and testing shall be carried out in the case of doubts

concerning the presence of RNQPs, other than Arabis mosaic virus,

Phytophthora fragariae C.J. Hickman, Raspberry ringspot virus,

Strawberry crinkle virus, Strawberry latent ringspot virus, Strawberry mild

yellow edge virus, Strawberry vein banding virus, and Tomato black ring

virus, listed in Schedules A and B.

Requirements with regards to the production site, place of production or

area

(i)

— Phytophthora fragariae C.J. Hickman

— propagating material and fruit plants of the CAC category

shall be produced in areas known to be free from Phytophthora

fragariae C.J. Hickman; or

— no symptoms of Phytophthora fragariae C.J. Hickman are

observed on the foliage of propagating material and fruit plants of

the CAC category in the production site over the last complete

growing season, and any infected propagating material and fruit

plants and plants in a surrounding zone of at least 5 m radius have

been marked, excluded from lifting and marketing, and destroyed

after uninfected propagating material and fruit plants have been

lifted;

— Xanthomonas fragariae Kennedy & King

— propagating material and fruit plants of the CAC category

shall be produced in areas known to be free from Xanthomonas

fragariae Kennedy & King; or

— no symptoms of Xanthomonas fragariae Kennedy & King

are observed on propagating material and fruit plants of the CAC

category in the production site over the last complete growing

season, and any symptomatic plants in the immediate vicinity have

been rogued out; or

— symptoms of Xanthomonas fragariae Kennedy & King

have been observed on no more than 5% of propagating material and

fruit plants of the CAC category in the production site over the last

complete growing season, and that propagating material and those

fruit plants, and any symptomatic plants in the immediate vicinity

have been rogued out and immediately destroyed.

(ii)

Requirements for viruses

In the case of a positive test result for propagating material and fruit

plants of the CAC category showing symptoms of Arabis mosaic virus,

Raspberry ringspot virus, Strawberry crinkle virus, Strawberry latent

ringspot virus, Strawberry mild yellow edge virus, Strawberry vein banding

virus, and Tomato black ring virus, the propagating material and fruit

plants concerned shall be rogued out and immediately destroyed.

7. Juglans regia L.

(a)

All categories

Visual inspection

Visual inspections shall be carried out once a year.

(b)

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 RNQPs listed in Schedule

B, and in the case of doubts concerning the presence of RNQPs listed in

Schedule A.

(c)

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 the RNQPs listed in Schedules A and B.

(d)

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 the RNQPs listed in

Schedules A and B.

Certified fruit plants shall be sampled and tested in the case of doubts

concerning the presence of the RNQPs listed in Schedules A and B.

(e)

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of doubts concerning

the presence of the RNQPs listed in Schedules A and B.

8. Malus Mill.

(a)

All categories

Visual inspection

Visual inspections shall be carried out once a year.

(b)

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 RNQPs other than virus-like diseases and viroids

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

RNQPs listed in Schedule A.

Requirements with regard to the production site, place of production or area

In the case where a derogation is allowed to produce pre-basic material in

the field, under non-insect-proof conditions, pursuant to Commission

Implementing Decision (EU) 2017/925, the following requirements shall

apply concerning Candidatus Phytoplasma mali Seemüller & Schneider,

Erwinia amylovora (Burrill) Winslow et al., and Tomato ringspot virus

i.

Candidatus Phytoplasma mali Seemüller & Schneider

- propagating material and fruit plants of the pre-basic category

shall be produced in areas known to be free from Candidatus

Phytoplasma mali Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma mali Seemüller &

Schneider are observed on propagating material and fruit plants of

the pre-basic category in the production site over the last complete

growing season, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed;

ii.

Erwinia amylovora (Burrill) Winslow et al.

- propagating material and fruit plants of the pre-basic category

shall be produced in areas known to be free from Erwinia amylovora

(Burrill) Winslow et al.; or

- propagating material and fruit plants of the pre-basic category in

the production site have been inspected over the last complete growing

season, and any propagating material and fruit plants showing

symptoms of Erwinia amylovora (Burrill) Winslow et al. and any

surrounding host plants have been immediately rogued out and

destroyed;

iii.

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the pre-basic category

shall be produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed on propagating material

and fruit plants of the pre-basic category in the production site over the

last complete growing season, and any symptomatic plants in the

immediate vicinity have been immediately rogued out and destroyed.

(c)

Basic category

Sampling and testing

In the case of basic mother plants, which have been maintained in

insect-proof facilities, a representative portion of basic mother plants shall

be sampled and tested every 15 years concerning the presence of Candidatus

Phytoplasma mali Seemüller & Schneider.

In the case of basic mother plants, which have not been maintained in

insect-proof facilities, a representative portion of basic mother plants shall be

sampled and tested every 3 years concerning the presence of Candidatus

Phytoplasma mali Seemüller & Schneider; 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

RNQPs, other than Candidatus Phytoplasma mali Seemüller & Schneider and

other than Tomato ringspot virus, the virus-like diseases and viroids, listed in

Schedule B, and in the case of doubts concerning the presence of RNQPs

listed in Schedule A.

Basic mother plants shall be sampled and tested every 20 years concerning the presence of

Tomato ringspot virus.

Requirements with regard to the production site, place of production or area

i.

Candidatus Phytoplasma mali Seemüller & Schneider

- propagating material and fruit plants of the basic category shall be

produced in areas known to be free from Candidatus Phytoplasma mali

Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma mali Seemüller &

Schneider shall be observed on propagating material and fruit plants

of the basic category at the production site over the last complete

growing season, and any symptomatic plants in the immediate vicinity

shall be rogued out and immediately destroyed;

ii.

Erwinia amylovora (Burrill) Winslow et al.

- propagating material and fruit plants of the basic category

shall be produced in areas known to be free from Erwinia amylovora

(Burrill) Winslow et al.; or

- propagating material and fruit plants of the basic category

in the production site shall be inspected over the last complete

growing season, and any propagating material and fruit plants

showing symptoms of Erwinia amylovora (Burrill) Winslow et al.

and any surrounding host plants shall be immediately rogued out

and destroyed;

iii.

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the basic category

shall be produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed on propagating material

and fruit plants of the basic category in the production site over the last

complete growing season, and any symptomatic plants in the immediate

vicinity have been immediately rogued out and destroyed.

(d)

Certified category

Sampling and testing

In the case of certified mother plants, which have been maintained in

insect-proof facilities, a representative portion of certified mother plants shall

be sampled and tested every 15 years concerning the presence of Candidatus

Phytoplasma mali Seemüller & Schneider.

In the case of certified mother plants, which have not been maintained in

insect-proof facilities, a representative portion of certified mother plants shall be

sampled and tested every 5 years concerning the presence of Candidatus

Phytoplasma mali Seemüller & Schneider; 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

RNQPs, other than Candidatus Phytoplasma mali Seemüller & Schneider and

other than Tomato ringspot virus, the virus-like diseases and viroids, listed in

Schedule B, and in the case of doubts concerning the presence of RNQPs

listed in Schedule A.

Certified mother plants shall be sampled and tested every 20 years

concerning the presence of Tomato ringspot virus.

Certified fruit plants shall be sampled and tested in case of doubts

concerning the presence of RNQPs listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

i.

Candidatus Phytoplasma mali Seemüller & Schneider

- propagating material and fruit plants of the certified category

shall be produced in areas known to be free from Candidatus Phytoplasma

mali Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma mali Seemüller &

Schneider shall be observed on propagating material and fruit plants

of the certified category at the production site over the last complete

growing season, and any symptomatic plants in the immediate vicinity

shall be rogued out and immediately destroyed; or

- symptoms of Candidatus Phytoplasma mali Seemüller &

Schneider shall be observed on no more than 2% of propagating

material and fruit plants of the certified category at the production

site over the last complete growing season, and that propagating

material and those fruit plants, and any symptomatic plants in the

immediate vicinity shall be rogued out and immediately destroyed,

and a representative sample of the remaining asymptomatic propagating

material and fruit plants in the lots in which symptomatic propagating

material and fruit plants were found has been tested and found free from

Candidatus Phytoplasma mali Seemüller & Schneider;

ii.

Erwinia amylovora (Burrill) Winslow et al.

- propagating material and fruit plants of the certified category

shall be produced in areas known to be free from Erwinia amylovora

(Burrill) Winslow et al.; or

- propagating material and fruit plants of the certified category in

the production site shall be inspected over the last complete growing

season, and any propagating material and fruit plants showing symptoms

of Erwinia amylovora (Burrill) Winslow et al. and any surrounding host

plants shall be immediately rogued out and destroyed;

iii.

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the certified category

shall be produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed on propagating material

and fruit plants of the certified category in the production site over the last

complete growing season, and any symptomatic plants in the immediate

vicinity have been immediately rogued out and destroyed.

(e)

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of doubts concerning

the presence of RNQPs listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

i.

Candidatus Phytoplasma mali Seemüller & Schneider

- propagating material and fruit plants of the CAC category shall

be produced in areas known to be free from Candidatus Phytoplasma mali

Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma mali Seemüller &

Schneider are observed on propagating material and fruit plants of the

CAC category in the production site over the last complete growing

season, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed; or

- symptoms of Candidatus Phytoplasma mali Seemüller &

Schneider have been observed on no more than 2 % of propagating

material and fruit plants of the CAC category in the production site over

the last complete growing season, and any symptomatic plants in the

immediate vicinity have been rogued out and immediately destroyed, and

a representative sample of the remaining asymptomatic propagating

material and fruit plants in the lots in which symptomatic propagating

material and fruit plants were found has been tested and found free

from Candidatus Phytoplasma mali Seemüller & Schneider;

ii.

Erwinia amylovora (Burrill) Winslow et al.

- propagating material and fruit plants of the CAC category shall

be produced in areas known to be free from Erwinia amylovora (Burrill)

Winslow et al.; or

- propagating material and fruit plants of the CAC category in the

production site have been inspected over the last complete growing season,

and any propagating material and fruit plants showing symptoms of

Erwinia amylovora (Burrill) Winslow et al. and any surrounding host

plants have been immediately rogued out and destroyed;

iii.

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the CAC category shall

be produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed on propagating material

and fruit plants of the CAC category in the production site over the last

complete growing season, and any symptomatic plants in the immediate

vicinity have been immediately rogued out and destroyed; or

- symptoms of ToRSV have been observed on no more than

2% of propagating material and fruit plants of the CAC category in

the production site over the last complete growing season, and those

symptomatic plants have been immediately rogued out and destroyed.

9. Olea europaea L.

(a)

All categories

Visual inspection

Visual inspections shall be carried out once a year.

(b)

Pre-basic category

Sampling and testing

Each pre-basic mother plant shall be sampled and tested ten years after its

acceptance as a pre-basic mother plant and with subsequent intervals of ten

years concerning the presence of RNQPs listed in Schedule B, and in the

case of doubts concerning the presence of RNQPs listed in Schedule A.

(c)

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 thirty years on the basis of an

assessment of the risk of infection of those plants concerning the presence

of the RNQPs listed in Schedules A and B.

(d)

Certified category

Sampling and testing

In the case of mother plants used for the production of seeds ("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 forty years

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

concerning the presence of the RNQPs listed in Schedules A and 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 thirty years on the basis of an assessment of the risk of

infection of those plants concerning the presence of the RNQPs listed in

Schedules A and B.

(e)

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of doubts concerning

the presence of the RNQPs listed in Schedules A and B.

10. 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 the RNQPs listed in Schedule A.

11. Prunus armeniaca L., Prunus avium L., Prunus cerasifera Ehrh., Prunus

cerasus L., Prunus domestica L., Prunus dulcis (Miller) Webb, Prunus persica (L.) Batsch

and Prunus salicina Lindley

(a)

Pre-basic category

Visual inspection

Visual inspections shall be carried out twice a year with regard to

Candidatus Phytoplasma prunorum Seemüller & Schneider, Plum pox virus,

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. and Pseudomonas

syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie (Prunus

persica (L.) Batsch and Prunus salicina Lindley). Visual inspections shall be

carried out once a year for all RNQPs, other than Candidatus Phytoplasma

prunorum Seemüller & Schneider, Plum pox virus, Xanthomonas

arboricola pv. pruni (Smith) Vauterin et al. and Pseudomonas syringae pv.

persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie, listed in

Schedules A and B.

Sampling and testing

Propagating material and fruit plants of the pre-basic category of

Prunus armeniaca L., Prunus avium L., Prunus cerasus L., Prunus

domestica L., and Prunus dulcis (Miller) Webb, shall derive from mother

plants, which have been tested within the previous growing season and

found free from Plum pox virus.

Pre-basic rootstocks of Prunus cerasifera Ehrh. and Prunus

domestica L. shall derive from mother plants, which have been tested

within the previous growing season and found free from Plum pox virus.

Pre-basic rootstocks of Prunus cerasifera Ehrh. and Prunus domestica L.

shall derive from mother plants, which have been tested within the

previous 5 growing seasons and found free from Candidatus Phytoplasma

prunorum Seemüller & Schneider.

Each flowering pre-basic mother plant shall be sampled and

tested for Prune dwarf virus and Prunus necrotic ringspot virus 1 year

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

intervals of 1 year. In the case of Prunus persica, each flowering pre-

basic mother plant shall be sampled 1 year after its acceptance as a pre-

basic mother plant and tested for Peach latent mosaic viroid.

Each tree planted intentionally for pollination and, where appropriate, the

major pollinating trees in the environment shall be sampled and tested for Prune

dwarf virus and Prunus necrotic ringspot virus.

Each pre-basic mother plant shall be sampled 5 years after its acceptance as

a pre-basic mother plant, and with subsequent intervals of 5 years, and tested for

Candidatus Phytoplasma prunorum Seemüller & Schneider and Plum pox virus.

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 RNQPs, other than Prune dwarf virus, Plum pox virus, Prunus necrotic

ringspot virus and relevant for the species, as listed in Schedule B, and tested

in the case of doubts concerning the presence of RNQPs listed in Schedule A. A

representative portion of pre-basic mother plants shall be sampled and tested

in the case of doubts concerning the presence of Xanthomonas arboricola pv.

pruni (Smith) Vauterin et al.

Requirements with regard to the production site, place of production or area

In the case where a derogation is allowed to produce pre-basic material in the field under

non- insect-proof conditions, pursuant to Commission Implementing Decision (EU) 2017/

925, the following requirements shall apply concerning Candidatus Phytoplasma prunorum

Seemüller & Schneider, Plum pox virus, Xanthomonas arboricola pv. pruni (Smith) Vauterin et

al., Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie and

Tomato ringspot virus

i.

Candidatus Phytoplasma prunorum Seemüller & Schneider

- propagating material and fruit plants of the pre-basic category shall be

produced in areas known to be free from Candidatus Phytoplasma

prunorum Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma prunorum Seemüller &

Schneider are observed on propagating material and fruit plants of the pre-

basic category in the production site over the last complete growing season, and

any symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed; or

- propagating material and fruit plants of the pre-basic category in the

production site shall be isolated from other host plants. The isolation distance of

the production site shall depend on regional circumstances, the type of

propagating material, the presence of Candidatus Phytoplasma prunorum

Seemüller & Schneider in the area concerned and the relevant risks involved as

set out by the competent authorities based on inspection;

ii.

Plum pox virus

- propagating material and fruit plants of the pre-basic category

shall be produced in areas known to be free from Plum pox virus; or

- no symptoms of Plum pox virus are observed on propagating

material and fruit plants of the pre-basic category in the production site

over the last complete growing season, and any symptomatic plants in

the immediate vicinity have been rogued out and immediately

destroyed; or

- propagating material and fruit plants of the pre-basic category in

the production site shall be isolated from other host plants. The isolation

distance of the production site shall depend on regional circumstances,

the type of propagating material, the presence of Plum pox virus in the

area concerned and the relevant risks involved as set out by the

competent authorities based on inspection;

Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye

- propagating material and fruit plants of the pre-basic category shall be

produced in areas known to be free from Pseudomonas syringae pv. persicae

(Prunier, Luisetti &. Gardan) Young, Dye & Wilkie; or

- no symptoms of Pseudomonas syringae pv. persicae (Prunier, Luisetti &.

Gardan) Young, Dye & Wilkie are observed on propagating material and fruit

plants of the pre-basic category in the production site over the last complete

growing season, and any symptomatic plants in the immediate vicinity have been

rogued out and immediately destroyed;

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the pre-basic category shall be

produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed on propagating material and fruit

plants of the pre-basic category in the production site over the last complete

growing season, and any symptomatic plants in the immediate vicinity have been

immediately rogued out and destroyed;

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

- propagating material and fruit plants of the pre-basic category shall be

produced in areas known to be free from Xanthomonas arboricola pv. pruni (Smith)

Vauterin et al.; or

- no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

are observed on propagating material and fruit plants of the pre-basic category in

the production site over the last complete growing season, and any

symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed.

(b)

Basic, Certified and CAC categories

Visual inspection

Visual inspection shall be carried out once a year.

(c)

Basic category

Sampling and testing

i.

Mother plants which have been maintained in insect-proof facilities

A representative portion of basic mother plants shall be sampled every 3

years and tested concerning the presence of Prune dwarf virus, Prunus necrotic

ringspot virus and Plum pox virus. A representative portion of basic mother

plants shall be sampled every 10 years and tested concerning the presence of

Candidatus Phytoplasma prunorum Seemüller & Schneider.

ii.

Mother plants which have not been maintained in insect-proof

facilities

A representative portion of basic mother plants, other than those

intended for the production of rootstocks, shall be sampled every year and

tested for Plum pox virus in order to have all plants tested within an interval of

10 years.

A representative portion of basic mother plants, intended for the production

of rootstocks shall be sampled every year and tested concerning the presence of

Plum pox virus and found free from that RNQP.

A representative portion of basic mother plants of Prunus domestica L.

intended for the production of rootstocks must be sampled and tested in the

previous 5 growing seasons concerning the presence of Candidatus Phytoplasma

prunorum Seemüller & Schneider and found free from that RNQP.

A representative portion of basic mother plants shall be sampled and tested

in the case of doubts concerning the presence of Xanthomonas arboricola pv. pruni

(Smith) Vauterin et al.

A representative portion of basic mother plants shall be sampled and tested

every 20 years on the basis of an assessment of the risk of infection of those

plants concerning the presence of Tomato ringspot virus.

A representative portion of basic mother plants shall be sampled and tested

every 10 years on the basis of an assessment of the risk of infection of those

plants concerning the presence of RNQPs, other than Candidatus Phytoplasma

prunorum Seemüller & Schneider, Prune dwarf virus, Prunus necrotic ringspot

virus, Plum pox virus and Tomato ringspot virus, listed in Schedule B, and

tested in the case of doubts concerning the presence of RNQPs listed in

Schedule A.

— Flowering mother plants

A representative portion of flowering basic mother plants shall be sampled every year and

tested for Candidatus Phytoplasma prunorum Seemüller & Schneider, Prune dwarf virus and

Prunus necrotic ringspot virus on the basis of an assessment of the risk of infection of those

In the case of Prunus persica (L.) Batsch, a representative portion of flowering basic

mother plants shall be sampled once a year and tested for Peach latent mosaic viroid 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

Prune dwarf virus and Prunus necrotic ringspot virus on the basis of an assessment of the risk

of infection of those plants.

— Non-flowering mother plants

A representative portion of non-flowering basic mother plants which have been not

maintained in insect-proof facilities shall be sampled and tested every 3 years concerning the

presence of Prune dwarf virus, Prunus necrotic ringspot virus and Candidatus Phytoplasma

prunorum Seemüller & Schneider on the basis of an assessment of the risk of infection of

those plants.

(d)

Certified category

Sampling and testing

i.

Mother plants which have been maintained in insect-proof facilities

A representative portion of certified mother plants shall be sampled every 5 years and

tested concerning the presence of Prune dwarf virus, Prunus necrotic ringspot virus and Plum

pox virus in order to have all plants tested within an interval of 15 years. A representative

portion of certified mother plants shall be sampled every 15 years and tested concerning the

presence of Candidatus Phytoplasma prunorum Seemüller & Schneider.

ii.

Mother plants which have not been maintained in insect-proof

facilities

A representative portion of certified mother plants shall be sampled every 3 years and

tested for Plum pox virus in order to have all plants tested within an interval of 15 years.

A representative portion of certified mother plants intended for the production of

rootstocks shall be sampled every year and tested concerning the presence of Plum pox virus

and found free from that RNQP. A representative portion of certified mother plants of Prunus

cerasifera Ehrh. and Prunus domestica L. intended for the production of rootstocks have been

sampled in the previous 5 growing seasons and tested concerning the presence of

Candidatus Phytoplasma prunorum Seemüller & Schneider and found free from that RNQP.

A representative portion of certified mother plants shall be sampled and tested in the case

of doubts concerning the presence of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

A representative portion of certified mother plants shall be sampled every 20 years and

tested on the basis of an assessment of the risk of infection of those plants concerning the

presence of Tomato ringspot virus.

A representative portion of certified mother plants shall be sampled every 15 years and

tested on the basis of an assessment of the risk of infection of those plants concerning the

presence of RNQPs, other than Candidatus Phytoplasma prunorum Seemüller & Schneider, Prune

dwarf virus, Prunus necrotic ringspot virus, Plum pox virus and Tomato ringspot virus, listed

in Schedule B of Section IV, and tested in the case of doubts concerning the presence of

RNQPs listed in Schedule A.

- Flowering mother plants

A representative portion of flowering certified mother plants shall be sampled every year

and tested for Candidatus Phytoplasma prunorum Seemüller & Schneider, Prune dwarf virus and

Prunus necrotic ringspot virus on the basis of an assessment of the risk of infection of those

plants. In the case of Prunus persica (L.) Batsch, a representative portion of flowering

certified mother plants shall be sampled once a year and tested for Peach latent mosaic viroid

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

Prune dwarf virus and Prunus necrotic ringspot virus on the basis of an assessment of the risk

of infection of those plants.

- Non-flowering mother plants

A representative portion of non-flowering certified mother plants, which have not been

maintained in insect-proof facilities, shall be sampled every 3 years and tested concerning the

presence of Candidatus Phytoplasma prunorum Seemüller & Schneider, Prune dwarf virus

and Prunus necrotic ringspot virus on the basis of an assessment of the risk of infection of

those plants.

(e)

Basic and certified categories

Requirements with regard to the production site, place of production or area

i.

Candidatus Phytoplasma prunorum Seemüller & Schneider

- propagating material and fruit plants of the basic and certified

categories shall be produced in areas known to be free from Candidatus

Phytoplasma prunorum Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma prunorum Seemüller &

Schneider are observed on propagating material and fruit plants of the basic and

certified categories in the production site over the last complete growing season,

and any symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed; or

- symptoms of Candidatus Phytoplasma prunorum Seemüller &

Schneider have been observed on no more than 1% of propagating material

and fruit plants of the certified category in the production site over the last

complete growing season, and that propagating material and those fruit plants,

and any symptomatic plants in the immediate vicinity have been rogued out

and immediately destroyed, and a representative sample of the remaining

asymptomatic propagating material and fruit plants in the lots in which

symptomatic plants were found has been tested and found free from Candidatus

Phytoplasma prunorum Seemüller & Schneider;

ii.

Plum pox virus

- propagating material and fruit plants of the basic and certified

categories shall be produced in areas known to be free from Plum pox virus; or

- no symptoms of Plum pox virus are observed on propagating material and

fruit plants of the basic and certified categories in the production site over the

last complete growing season, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed; or

- symptoms of Plum pox virus have been observed on no more than 1% of

propagating material and fruit plants of the certified category in the production

site over the last complete growing season, and that propagating material and

those fruit plants, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed, and a representative sample of the

remaining asymptomatic propagating material and fruit plants in the lots in which

symptomatic plants were found has been tested and found free from Plum pox

virus;

iii.

Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye

& Wilkie

- propagating material and fruit plants of the basic and certified

categories shall be produced in areas known to be free from Pseudomonas

syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie; or

- no symptoms of Pseudomonas syringae pv. persicae (Prunier, Luisetti &.

Gardan) Young, Dye & Wilkie are observed on propagating material and fruit

plants of the basic and certified categories in the production site over the last

complete growing season, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed; or

- symptoms of Pseudomonas syringae pv. persicae (Prunier, Luisetti &.

Gardan) Young, Dye & Wilkie have been observed on no more than 2% of

propagating material and fruit plants of the certified category in the production

site over the last complete growing season, and that propagating material and

those fruit plants, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed;

iv.

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the basic and certified

categories shall be produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed on propagating material and fruit

plants of the basic and certified categories in the production site over the last

complete growing season, and any symptomatic plants in the immediate vicinity

have been immediately rogued out and destroyed;

v.

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

- propagating material and fruit plants of the basic and certified

categories shall be produced in areas known to be free from Xanthomonas

arboricola pv. pruni (Smith) Vauterin et al.; or

- no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

are observed on propagating material and fruit plants of the basic and certified

categories in the production site over the last complete growing season, and any

symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed; or

- symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et

al. have been observed on no more than 2% of propagating material and

fruit plants of the certified category in the production site over the last complete

growing season, and that propagating material and those fruit plants, and any

symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed.

(f)

CAC category

Sampling and testing

Propagating material and fruit plants of the CAC category shall derive from an identified

source of material, of which a representative portion has been sampled and tested within the

previous 3 growing seasons and found free from Plum pox virus.

CAC rootstocks of Prunus cerasifera Ehrh. and Prunus domestica L. shall derive from

an identified source of material of which a representative portion has been sampled and tested

within the previous 5 years and found free from Candidatus Phytoplasma prunorum Seemüller

& Schneider and Plum pox virus.

A representative portion of propagating material and fruit plants of the CAC category

shall be sampled and tested in the case of doubts concerning the presence of Xanthomonas

arboricola pv. pruni (Smith) Vauterin et al.

A representative portion of CAC fruit plants not showing any symptoms of Plum pox

virus upon visual inspection shall be sampled and tested on the basis of an assessment of the risk

of infection of those fruit plants concerning the presence of that RNQP and in the case of

symptomatic plants in the immediate vicinity.

Upon the detection of propagating material and fruit plants of the CAC category

showing symptoms of Candidatus Phytoplasma prunorum Seemüller & Schneider in the

production site by visual inspection, a representative portion of the remaining

asymptomatic CAC propagating material and fruit plants of the CAC category in the lots where

symptomatic propagating material and fruit plants have been found shall be sampled and

tested concerning the presence of Candidatus Phytoplasma prunorum Seemüller & Schneider.

Sampling and testing shall be carried out in the case of doubts concerning the presence of

RNQPs, other than Candidatus Phytoplasma prunorum Seemüller & Schneider and Plum pox

virus, listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

(i)

Candidatus Phytoplasma prunorum Seemüller & Schneider

- propagating material and fruit plants of the CAC category shall be

produced in areas known to be free from Candidatus Phytoplasma prunorum

Seemüller & Schneider; or

- no symptoms of Candidatus Phytoplasma prunorum Seemüller &

Schneider are observed on propagating material and fruit plants of the CAC

category in the production site over the last complete growing season, and any

symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed; or

- symptoms of Candidatus Phytoplasma prunorum Seemüller &

Schneider have been observed on no more than 1% of propagating material and

fruit plants of the CAC category in the production site over the last complete

growing season, and that propagating material and those fruit plants, and

any symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed, and a representative sample of the remaining

asymptomatic propagating material and fruit plants in the lots in which

symptomatic propagating material and fruit plants were found has been tested

and found free from Candidatus Phytoplasma prunorum Seemüller &

Schneider;

(ii)

Plum pox virus

- propagating material and fruit plants of the CAC category shall be

produced in areas known to be free from Plum pox virus; or

- no symptoms of Plum pox virus are observed on propagating material and

fruit plants of the CAC category in the production site over the last complete

growing season, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed; or

- symptoms of Plum pox virus have been observed on no more than 1% of

propagating material and fruit plants of the CAC category in the production

site over the last complete growing season, and that propagating material and

those fruit plants, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed, and a representative sample of the

remaining asymptomatic propagating material and fruit plants in the lots in which

symptomatic propagating material and fruit plants were found has been tested

and found free from Plum pox virus;

iii.

Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye

& Wilkie

- propagating material and fruit plants of the CAC category shall be

produced in areas known to be free from Pseudomonas syringae pv. persicae

(Prunier, Luisetti &. Gardan) Young, Dye & Wilkie; or

- no symptoms of Pseudomonas syringae pv. persicae (Prunier, Luisetti &.

Gardan) Young, Dye & Wilkie are observed on propagating material and

fruit plants of the CAC category in the production site over the last

complete growing season, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed; or

- symptoms of Pseudomonas syringae pv. persicae (Prunier, Luisetti &.

Gardan) Young, Dye & Wilkie have been observed on no more than 2% of

propagating material and fruit plants of the CAC category in the production

site over the last complete growing season, and that propagating material and

those fruit plants, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed;

iv.

Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the CAC category shall be

produced in areas known to be free from ToRSV; or

- no symptoms of ToRSV are observed in the production site over the

last complete growing season, and any symptomatic plants in the immediate

vicinity have been rogued out and immediately destroyed; or

- symptoms of ToRSV have been observed on no more than 2% of

propagating material and fruit plants of the CAC category in the production

site over the last complete growing season, and those symptomatic plants have

been immediately rogued out and destroyed;

v.

Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

- propagating material and fruit plants of the CAC category shall be

produced in areas known to be free from Xanthomonas arboricola pv. pruni

(Smith) Vauterin et al.; or

- no symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.

are observed on propagating material and fruit plants of the CAC category in the

production site over the last complete growing season, and any symptomatic plants

in the immediate vicinity have been rogued out and immediately destroyed; or

- symptoms of Xanthomonas arboricola pv. pruni (Smith) Vauterin et

al. have been observed on no more than 2% of propagating material and fruit

plants of the CAC category in the production site over the last complete

growing season, and that propagating material and those fruit plants, and

any symptomatic plants in the immediate vicinity have been rogued out and

immediately destroyed.";

12. Pyrus L.

(a)

All categories

Visual inspection

Visual inspections shall be carried out once a year.

(b)

Pre-basic category

Sampling and testing

Each pre-basic mother plant shall be sampled and tested fifteen years after

its acceptance as a pre-basic mother plant and with subsequent intervals of

fifteen years concerning the presence of RNQPs other than virus-like

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

concerning the presence of RNQPs listed in Schedule A.

Requirements with regards to the production site, place of production or

area

(i)

Candidatus Phytoplasma pyri Seemüller & Schneider

— propagating material and fruit plants of the pre-basic category shall be

produced in areas established by the Directorate as being free from

Candidatus Phytoplasma pyri Seemüller & Schneider in accordance with

relevant International Standards for Phytosanitary Measures; or

— no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider

shall be observed on propagating material and fruit plants of the pre-basic

category at the production site during the last three growing seasons, and any

symptomatic plants in the immediate vicinity shall be rogued out and

immediately destroyed;;

(ii)

Erwinia amylovora (Burrill) Winslow et al.

— propagating material and fruit plants of the pre-basic

category shall be produced in areas known to be free from Erwinia

amylovora (Burrill) Winslow et al.; or

— propagating material and fruit plants of the pre-basic

category in the production site have been inspected over the last

complete growing season, and any propagating material and fruit

plants showing symptoms of Erwinia amylovora (Burrill) Winslow

et al. and any surrounding host plants have been immediately

rogued out and destroyed.

(c)

Basic category

Sampling and testing

In the case of basic mother plants which have been maintained in insect

proof facilities, a representative portion of basic mother plants shall be

sampled and tested every fifteen years concerning the presence of

Candidatus Phytoplasma pyri Seemüller & Schneider.

In the case of basic mother plants which have been not maintained in insect

proof facilities, a representative portion of basic mother plants shall be

sampled and tested every three years concerning the presence of

Candidatus Phytoplasma pyri Seemüller & Schneider; a representative

portion of basic mother plants shall be sampled and tested every fifteen

years on the basis of an assessment of the risk of infection of those plants

concerning the presence of RNQPs, other than Candidatus Phytoplasma

pyri Seemüller & Schneider and other than the virus-like diseases and

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

presence of RNQPs listed in Schedule A.

(d)

Certified category

Sampling and testing

In the case of certified mother plants, which have been maintained in insect

proof facilities, a representative portion of certified mother plants shall be

sampled and tested every fifteen years concerning the presence of

Candidatus Phytoplasma pyri Seemüller & Schneider.

In the case of certified mother plants, which have been not maintained in

insect proof facilities, a representative portion of certified mother plants

shall be sampled and tested every five years concerning the presence of

Candidatus Phytoplasma pyri Seemüller & Schneider; a representative

portion of certified mother plants shall be sampled and tested every fifteen

years on the basis of an assessment of the risk of infection of those plants

concerning the presence of RNQPs, other than Candidatus Phytoplasma

pyri Seemüller & Schneider and other than virus-like diseases and viroids,

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

RNQPs listed in Schedule A.

Certified fruit plants shall be sampled and tested in case of doubts

concerning the presence of RNQPs listed in Schedules A and B.

(e)

Basic and certified categories

Requirements with regards to the production site, place of production or area

(i) Candidatus Phytoplasma pyri Seemüller & Schneider

— propagating material and fruit plants of the basic and certified categories

shall be produced in areas established by the Directorate as being free

from Candidatus Phytoplasma pyri Seemüller & Schneider in accordance

with relevant international standards for phytosanitary measures; or

— no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider shall

be observed on propagating material and fruit plants of the basic and

certified categories at the production site over the last complete growing

season and any symptomatic plants in the immediate vicinity shall be

rogued out and immediately destroyed; or

— propagating material and fruit plants of the basic and certified categories at

the production site and any plants in the immediate vicinity, which have

shown symptoms of Candidatus Phytoplasma pyri Seemüller &

Schneider during visual inspections during the last three growing

seasons, shall be rogued out and destroyed immediately;;

(ii)

Erwinia amylovora (Burrill) Winslow et al.

— propagating material and fruit plants of the basic and

certified categories shall be produced in areas known to be free from

Erwinia amylovora (Burrill) Winslow et al.; or

— propagating material and fruit plants of the basic and

certified categories in the production site have been inspected over

the last complete growing season, and any propagating material and

fruit plants showing symptoms of Erwinia amylovora (Burrill)

Winslow et al. and any surrounding host plants have been

immediately rogued out and destroyed.

(f)

CAC category

Sampling and testing

Sampling and testing shall be carried out in the case of doubts concerning

the presence of RNQPs listed in Schedules A and B.

Requirements with regards to the production site, place of production or

area

(i)

Candidatus Phytoplasma pyri Seemüller & Schneider

— propagating material and fruit plants of the CAC category shall be

produced in areas established by the Directorate as being free from

Candidatus Phytoplasma pyri Seemüller & Schneider in accordance with

relevant international standards for phytosanitary measures; or

— no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider

shall be observed on propagating material and fruit plants of the CAC

category at the production site over the last complete growing season, and

any symptomatic plants in the immediate vicinity shall be rogued out and

immediately destroyed; or

— propagating material and fruit plants of the CAC category at the

production site and any plants in the immediate vicinity, which have shown

symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider during

visual inspections during the last three growing seasons, shall be rogued

out and destroyed immediately;;

(ii)

Erwinia amylovora (Burrill) Winslow et al.

— propagating material and fruit plants of the CAC category

shall be produced in areas known to be free from Erwinia amylovora

(Burrill) Winslow et al.; or

— propagating material and fruit plants of the CAC category

in the production site have been inspected over the last complete

growing season, and any propagating material and fruit plants

showing symptoms of Erwinia amylovora (Burrill) Winslow et al.

and any surrounding host plants have been immediately rogued out

and destroyed.

13. Ribes L.

(a)

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 RNQPs listed in Schedule B, and in

the case of doubts concerning the presence of RNQPs listed in Schedule A.

(b)

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 the RNQPs listed in Schedules A and B.

(c)

Basic category

Requirements with regards to the production site, place of production or

area

The percentage of propagating material and fruit plants of the basic

category in the production site over the last complete growing season

showing symptoms of Aphelenchoides ritzemabosi (Schwartz) Steiner &

Buhrer shall not exceed 0.05% and that propagating material and those fruit

plants, and any surrounding host plants have been rogued out and

destroyed.

(d)

Certified category

Requirements with regards to the production site, place of production or

area

The percentage of propagating material and fruit plants of the certified

category in the production site over the last complete growing season

showing symptoms of Aphelenchoides ritzemabosi (Schwartz) Steiner &

Buhrer shall not exceed 0.5% and that propagating material and those fruit

plants, and any surrounding host plants have been rogued out and

destroyed.

14. Rubus L.

(a)

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 2 years after its acceptance as a

pre- basic mother plant and with subsequent intervals of 2 years concerning the presence of

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

in Schedule A.

Requirements with regard to the production site, place of production or area

- propagating material and fruit plants of the pre-basic category shall be produced in

areas known to be free from the viruses listed in Schedule B for Rubus L.; or

- no symptoms of any of the RNQPs listed in Schedule B for Rubus L. are observed on

propagating material and fruit plants of the pre-basic category in the production site over

the last complete growing season, and any symptomatic plants in the immediate vicinity have

been rogued out and immediately destroyed;

(b)

Basic category

Visual inspection

Where propagating material and fruit plants are grown in the field or in pots, visual

inspections shall be carried out twice a year.

For propagating material and fruit plants produced by micropropagation, and

which are maintained for a period shorter than 3 months, only one visual inspection during this

period is necessary.

Sampling and testing

Sampling and testing shall be carried out if the symptoms of Arabis mosaic virus,

Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus and

Tomato ringspot virus are unclear upon visual inspection. Sampling and testing shall be carried

out in the case of doubts concerning the presence of RNQPs, other than Arabis mosaic virus,

Raspberry ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus and Tomato

ringspot virus, listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

i.

In the case of a positive test result for propagating material and fruit

plants of the basic category showing symptoms of Arabis mosaic virus, Raspberry

ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus or Tomato

ringspot virus, the propagating material and fruit plants concerned shall be rogued out

and immediately destroyed.

ii.

Requirements for RNQPs other than Arabis mosaic virus, Raspberry

ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus and Tomato

ringspot virus

The percentage of propagating material and fruit plants of the basic category in the

production site over the last complete growing season, showing symptoms of each of the

following RNQPs shall not exceed

- 0.1% in the case of

Agrobacterium spp. Conn; and

Rhodococcus fascians Tilford; and that propagating material and those fruit plants, and any

surrounding host plants have been rogued out and destroyed;

iii.

Requirements for all viruses

propagating material and fruit plants of the basic category shall be produced

in areas known to be free from the viruses listed in Schedule B for Rubus L.; or

no symptoms of the viruses listed in Schedule B for Rubus L. are

observed on propagating material and fruit plants of the basic category in the

production site over the last complete growing season, and any symptomatic

plants in the immediate vicinity have been immediately rogued out and

destroyed; or

symptoms of all viruses listed in Schedules A and B have been observed

on no more than 0.25% of propagating material and fruit plants of the basic

category in the production site over the last complete growing season, and that

propagating material and those fruit plants and any symptomatic plants in the

immediate vicinity have been rogued out and immediately destroyed.

(c)

Certified category

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out if the symptoms of Arabis mosaic virus,

Raspberry ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus and

Tomato ringspot virus are unclear upon visual inspection. Sampling and testing shall be carried

out in the case of doubts concerning the presence of RNQPs, other than Arabis mosaic virus,

Raspberry ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus and Tomato

ringspot virus, listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

i.

In the case of a positive test result for propagating material and fruit plants

of the certified category showing symptoms of Arabis mosaic virus, Raspberry ringspot

virus, Strawberry latent ringspot virus, Tomato black ring virus or Tomato ringspot virus,

the propagating material and fruit plants concerned shall be rogued out and immediately

destroyed;

ii.

Requirements for RNQPs other than Arabis mosaic virus, Raspberry

ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus and Tomato

ringspot virus

The percentage of propagating material and fruit plants of the certified category in the

production site over the last complete growing season, showing symptoms of each of the

following RNQPs shall not exceed

0.5% in the case of Resseliella theobaldi Barnes;

0.1% in the case of

Agrobacterium spp. Conn; and

Rhodococcus fascians Tilford; and that propagating material and those fruit plants, and any

surrounding host plants have been rogued out and destroyed;

iii.

Requirements for all viruses

propagating material and fruit plants of the certified category shall be

produced in areas known to be free from the viruses listed in Schedule B for

Rubus L.; or

no symptoms of the viruses listed in Schedule B for Rubus L. are

observed on propagating material and fruit plants of the certified category in the

production site over the last complete growing season, and any symptomatic plants

in the immediate vicinity have been immediately rogued out and destroyed; or

symptoms of all viruses listed in Schedules A and B have been observed

on no more than 0.5% of propagating material and fruit plants of the certified

category in the production site over the last complete growing season, and that

propagating material and those fruit plants and any symptomatic plants in the

immediate vicinity have been rogued out and immediately destroyed.

(d)

CAC category

Visual inspection

Visual inspections shall be carried out once a year.

Sampling and testing

Sampling and testing shall be carried out if the symptoms of Arabis mosaic virus,

Raspberry ringspot virus, Strawberry latent ringspot virus, Tomato black ring virus and

Tomato ringspot virus are unclear upon visual inspection. Sampling and testing shall be carried

out in the case of doubts concerning the presence of RNQPs, other than Arabis mosaic virus,

Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus and

Tomato ringspot virus, listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

- propagating material and fruit plants of the CAC category shall be produced in areas

known to be free from the RNQPs listed in Schedules A and B for Rubus L.; or

- no symptoms of the RNQPs listed in Schedules A and B for Rubus L. are

observed on propagating material and fruit plants of the CAC category in the production site

over the last complete growing season; and

- in case of symptoms of ToRSV, those symptoms have been observed on no more than

2% of propagating material and fruit plants of the CAC category in the production site over the

last complete growing season, and those symptomatic plants have been immediately rogued out

and destroyed; and

- in the case of a positive test result for propagating material and fruit plants of the

CAC category showing symptoms of Arabis mosaic virus, Raspberry ringspot virus,

Strawberry latent ringspot virus, Tomato black ring virus or Tomato ringspot virus, the

propagating material and fruit plants concerned shall be immediately rogued out and destroyed.

15. Vaccinium L.

(a)

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 5 years after its acceptance as a

pre-basic mother plant and with subsequent intervals of 5 years concerning the presence of RNQPs

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

Schedule A.

(b)

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

RNQPs listed in Schedules A and B.

Requirements with regard to the production site, place of production or area

i.

Agrobacterium tumefaciens (Smith & Townsend) Conn

- no symptoms of Agrobacterium tumefaciens (Smith & Townsend) Conn

are observed at the production site over the last complete growing season

ii.

Diaporthe vaccinii Shear

- propagating material and fruit plants of the basic category shall be

produced in areas known to be free from Diaporthe vaccinii Shear; or

- no symptoms of Diaporthe vaccinii Shear are observed at the production

site over the last complete growing season;

iii.

Exobasidium vaccinii (Fuckel) Woronin and Godronia cassandrae

(anamorph Topospora myrtilli) Peck

- the percentage of propagating material and fruit plants of the basic

category in the production site over the last complete growing season, showing

symptoms of each of the following RNQPs shall not exceed

- 0.1% in the case of Godronia cassandrae (anamorph Topospora myrtilli)

- 0.5% in the case of Exobasidium vaccinii (Fuckel) Woronin; and that

propagating material and those fruit plants, and any surrounding host plants

have been rogued out and destroyed.

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld

- propagating material and fruit plants of the basic category shall be

produced in areas established by the competent authority as being free from

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in

accordance with relevant International Standards for Phytosanitary Measures; or

- no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating material and fruit plants of the

basic category at the production site over the last complete cycle of vegetation.

Tobacco ringspot virus (TRSV) and Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the basic category shall be

produced in areas known to be free from TRSV and ToRSV; or

- no symptoms of TRSV and ToRSV are observed in the production site

over the last complete growing season and any symptomatic plants in the

immediate vicinity have been rogued out and immediately destroyed.

(c)

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

RNQPs listed in Schedules A and B.

(d)

Certified category

Requirements with regard to the production site, place of production or area

Agrobacterium tumefaciens (Smith & Townsend) Conn, Exobasidium vaccinii

(Fuckel) Woronin and Godronia cassandrae (anamorph Topospora myrtilli) Peck

- the percentage of propagating material and fruit plants of the certified

category in the production site over the last complete growing season, showing

symptoms of each of the following RNQPs shall not exceed

- 0.5% in the case of

Agrobacterium tumefaciens (Smith & Townsend) Conn;

Godronia cassandrae (anamorph Topospora myrtilli) Peck;

- 1% in the case of Exobasidium vaccinii (Fuckel) Woronin; and that propagating

material and those fruit plants, and any surrounding host plants have been rogued out and

Diaporthe vaccinii Shear

- propagating material and fruit plants of the certified category

shall be produced in areas known to be free from Diaporthe vaccinii

Shear; or

- no symptoms of Diaporthe vaccinii Shear are observed at the

production site over the last complete growing season;

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld

- propagating material and fruit plants of the certified category shall be

produced in areas established by the competent authority as being free from

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in

accordance with relevant International Standards for Phytosanitary Measures;

- no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating material and fruit plants of the

certified category at the production site over the last complete cycle of

vegetation; or

- propagating material and fruit plants of the certified category showing

symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man

in ‘t Veld at the production site and all plants within a 2m radius of the

symptomatic propagating material and fruit plants, shall be rogued out and

destroyed, including adhering soil; and

- for all plants located within a 10m radius of symptomatic propagating

material and fruit plants and any remaining propagating material and fruit

plants from the affected lot

- within 3 months following the detection of symptomatic

propagating material and fruit plants, no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed

on that propagating material and those fruit plants in at least two

inspections at appropriate times to detect the pest and during such 3-

month period no treatments suppressing symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be

carried out; and

- after the said 3-month period

- no symptoms of Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld shall be observed on that

propagating material and those fruit plants at the production site;

or

- a representative sample of that propagating material and

those fruit plants to be moved has been tested and found free from

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in

‘t Veld;and

- for all other propagating material and fruit plants at the production site

- no symptoms of Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld shall be observed on that propagating material and

those fruit plants at the production site; or

- a representative sample of that propagating material and those

fruit plants to be moved has been tested and found free from Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld;

Tobacco ringspot virus (TRSV) and Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the basic category shall be produced in

areas known to be free from TRSV and ToRSV; or

- no symptoms of TRSV and ToRSV are observed in the production site over

the last complete growing season and any symptomatic plants in the immediate vicinity

have been rogued out and immediately destroyed.

(e)

CAC category

Requirements with regard to the production site, place of production or area

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld

- propagating material and fruit plants of the CAC category shall be

produced in areas established by the competent authority as being free from

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in

accordance with relevant International Standards for Phytosanitary Measures; or

- no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating material and fruit plants of the

CAC category at t propagating material and fruit plants of the CAC category

showing symptoms of Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld at the production site and all plants within a 2m radius

of the symptomatic propagating material and fruit plants, shall be rogued out

and destroyed, including adhering soil; and

- for all plants located within a 10m radius of symptomatic propagating

material and fruit plants and any remaining propagating material and fruit

plants from the affected lot

- within 3 months following the detection of symptomatic

propagating material and fruit plants, no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed

on that propagating material and those fruit plants in at least two

inspections at appropriate times to detect the pest and during such 3-

month period no treatments suppressing symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be

carried out; and

after the said 3-month period

- no symptoms of Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld shall be observed on that

propagating material and those fruit plants at the production site;

or

- a representative sample of that propagating material and

those fruit plants to be moved has been tested and found free from

Phytophthora ramorum (EU isolates) Werres, De Cock & Man in

‘t Veld; and

- for all other propagating material and fruit plants at the production site

- no symptoms of Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld shall be observed on that propagating material and

those fruit plants at the production site; or

- a representative sample of that propagating material and those

fruit plants to be moved has been tested and found free from Phytophthora

ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld;

Tobacco ringspot virus (TRSV) and Tomato ringspot virus (ToRSV)

- propagating material and fruit plants of the CAC category shall be

produced in areas known to be free from TRSV and ToRSV; or

- no symptoms of TRSV and ToRSV are observed in the production site

over the last complete growing season and any symptomatic plants in the

immediate vicinity have been immediately rogued out and destroyed; or

- symptoms of TRSV and ToRSV have been observed on no more

than 2% of propagating material and fruit plants of the CAC category in the

production site over the last complete growing season, and those symptomatic

plants have been rogued out immediately and destroyed.

Schedule E

L.N. 152 of 2023.

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 armeniaca L., Prunus domestica L., Prunus dulcis (Mill.) D. A. Webb,

Prunus persica (L.) Batsch and Prunus salicina Lindl.

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.

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