For the purposes of this Directive, the following definitions shall apply:

1. 1.

   ‘propagating material’ means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

2. 2.

   ‘fruit plants’ means plants intended to be planted or replanted, after marketing;

3. 3.

   ‘variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which can be:

   1. (a)

      defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

   2. (b)

      distinguished from any other plant grouping by the expression of at least one of the said characteristics; and

   3. (c)

      considered as an entity in view of its ability to be propagated unchanged;

4. 4.

   ‘clone’ means the vegetative genetically uniform progeny of a single plant;

5. 5.

   ‘pre-basic material’ means propagating material which:

   1. (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;

   2. (b)

      is intended for the production of basic material or certified material other than fruit plants;

   3. (c)

      satisfies the specific requirements for pre-basic material established pursuant to Article 4; and

   4. (d)

      has been found by official inspection to satisfy the conditions in (a), (b) and (c);

6. 6.

   ‘basic material’ means propagating material which:

   1. (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;

   2. (b)

      is intended for the production of certified material;

   3. (c)

      satisfies the specific requirements for basic material, established pursuant to Article 4; and

   4. (d)

      has been found by official inspection to satisfy the conditions in (a), (b) and (c);

7. 7.

   ‘certified material’ means:

   1. (a)

      propagating material which:

      1. (i)

         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;

      2. (ii)

         is intended for the production of fruit plants;

      3. (iii)

         satisfies the specific requirements for certified material, established pursuant to Article 4; and

      4. (iv)

         has been found by official inspection to satisfy the conditions in (i), (ii) and (iii);

   2. (b)

      fruit plants which:

      1. (i)

         have been produced directly from certified, basic or pre-basic propagating material;

      2. (ii)

         are intended for the production of fruits;

      3. (iii)

         satisfy the specific requirements for certified material, established pursuant to Article 4; and

      4. (iv)

         have been found by official inspection to satisfy the conditions in (i), (ii) and (iii);

8. 8.

   ‘CAC (Conformitas Agraria Communitatis) material’ means propagating material and fruit plants which:

   1. (a)

      have varietal identity and adequate varietal purity;

   2. (b)

      are intended for:

      • the production of propagating material,

      • the production of fruit plants, and/or

      • the production of fruits;

   3. (c)

      satisfy the specific requirements for CAC material established pursuant to Article 4;

9. 9.

   ‘supplier’ means any natural or legal person carrying out professionally at least one of the following activities with regard to propagating material or fruit plants: reproducing, producing, preserving and/or treating, importing and marketing;

10. 10.

    ‘marketing’ means the sale, holding with a view to sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration;

11. 11.

    ‘responsible official body’ means:

    1. (a)

       an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning the quality of propagating material and fruit plants;

    2. (b)

       any State authority established:

       • either at national level, or

       • at regional level, under the supervision of the national authorities, within the limits set by the national legislation of the Member State concerned;

12. 12.

    ‘official inspection’ means inspection carried out by the responsible official body or under the responsibility of the responsible official body;

13. 13.

    ‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition and origin.