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The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

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Changes over time for: The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 (Schedules only)

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Regulations 2(1) and 3(1)

SCHEDULE 1SGenera and Species to which these Regulations apply

Modifications etc. (not altering text)

Genera and speciesCommon name (for guidance only)
Castanea sativa Mill.Chestnut
Citrus L.Includes grapefruit, lemon, lime, mandarin and orange
Corylus avellana L.Hazelnut
Cydonia oblonga Mill.Quince
Ficus carica L.Common edible fig
Fortunella SwingleKumquat
Fragaria L.Strawberry
Juglans regia L.Walnut
Malus Mill.Apple
Olea europaea L.Olive
Pistacia vera L.Pistachio
Poncirus Raf.Trifoliate orange
Prunus armeniaca L.Apricot
Prunus avium (L.) L.Sweet cherry
Prunus cerasus L.Sour cherry
Prunus domestica L.Plum
Prunus dulcis (Mill.) D A Webb (also known as Prunus amygdalus Batsch)Almond
Prunus persica (L.) BatschPeach and nectarine
Prunus salicina LindleyJapanese plum
Pyrus L.Pears
Ribes L.Blackcurrant, gooseberry, red currant and white currant
Rubus L.Blackberry, raspberry and hybrid berries
Vaccinium L.Blueberry, cranberry and bilberry.

Regulation 2(1) and 15(1)

SCHEDULE 2SCertification requirements

Modifications etc. (not altering text)

PART 1SGeneral

InterpretationS

1.  In this schedule—

“administrative checks” means administrative checks performed by or on behalf of the Scottish Ministers for the purposes of these Regulations, including but not limited to checking records kept by a supplier pursuant to regulation 17;

“appropriate EPPO protocol” means—

(a)

a protocol published by the European and Mediterranean Plant Protection Organisation in relation to the particular activity (such as, but not limited to, sampling and testing or multiplication, renewal and propagation of mother plants) and the particular genus or species concerned M1;

(b)

where no such protocol as mentioned in sub-paragraph (a) exists, a protocol in relation to the same type of activity as so mentioned, which has international recognition; or

(c)

where neither protocol as mentioned in sub-paragraph (a) or (b) exists, a protocol established by the Scottish Ministers in relation to the same type of activity mentioned in sub-paragraph (a).

“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 a pre-basic mother plant;

“certified mother plant” means a mother plant intended for the production of certified material;

“cryopreservation” means the maintenance of plant material by cooling to ultra-low temperatures, in order to retain the viability of the material;

“directly propagated” means propagated by renewal, multiplication or micropropagation;

“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 the mother plant;

“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 a plant identified for propagation;

“multiplication” means vegetative production of mother plants in order to obtain a sufficient number of mother plants in the same category;

“official inspection” means any visual inspection, and, where appropriate, sampling and testing conducted by or on behalf of the Scottish Ministers for the purposes of these Regulations;

“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;

“pre-basic mother plant” means a mother plant intended for the production of pre-basic material;

“renewal”, in relation to a mother plant, means replacing a mother plant with a plant vegetatively produced from it; and

“visual inspection” means the examination of plants or parts of plants using the unaided eye, lens, stereoscope or microscope and which, in relation to fruiting plants, is conducted during the most appropriate periods of the year (taking into account climatic and growing conditions of the plants of the genera or species concerned).

Marginal Citations

M1A list of applicable published protocols is available at http://archives.eppo.int/index.htm.

Provisions on official inspectionsS

2.—(1) An official inspection must 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; and

(b)the overall competence of the supplier's staff to carry out the activities mentioned in regulations 14, 15 and 16.

(2) The Scottish Ministers must ensure that records of the results and the dates of all field inspections, sampling and testing conducted by, or on behalf of, the Scottish Ministers are produced and kept.

PART 2SPre-basic material

Pre-basic material (other than mother plants and rootstocks not belonging to a variety)S

3.  Propagating material, other than mother plants and rootstocks which do not belong to a variety, may be officially certified as pre-basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is directly propagated from a pre-basic mother plant in accordance with paragraph 13 or 14;

(b)the pre-basic mother plant mentioned in sub-paragraph (a)—

(i)is accepted in accordance with paragraph 5;

(ii)has been obtained by multiplication in accordance with paragraph 13; or

(iii)has been obtained by micropropagation in accordance with paragraph 14;

(c)it is true to the description of its variety and this is verified in accordance with paragraph 7;

(d)it is maintained in accordance with the requirements of paragraph 8;

(e)it complies with the requirements concerning health in paragraph 10;

(f)where it has been grown in the field under non-insect proof conditions, F1... the soil in which it has been grown complies with paragraph 11; and

(g)it complies with the requirements concerning defects in paragraph 12.

Textual Amendments

Rootstocks not belonging to a varietyS

4.  A rootstock which does not belong to a variety may be certified as pre-basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is directly propagated by vegetative or sexual propagation from a mother plant;

(b)the mother plant mentioned in (a)—

(i)is accepted in accordance with paragraph 6;

(ii)has been obtained by multiplication in accordance with paragraph 13; or

(iii)has been obtained by micropropagation in accordance with paragraph 14;

(c)where it is directly propagated from a mother plant by sexual propagation, the pollinating trees are directly produced by vegetative propagation from a mother plant;

(d)it is true to the description of its species;

(e)it is maintained in accordance with the requirements of paragraph 8;

(f)it complies with the requirements concerning health in paragraph 10;

(g)where it has been grown in the field under non-insect proof conditions, F2... the soil in which it has been grown complies with paragraph 11; and

(h)it complies with the requirements concerning defects in paragraph 12.

Textual Amendments

Acceptance of plants as pre-basic mother plantsS

5.—(1) Subject to sub-paragraph (4) the Scottish Ministers may accept a plant as a pre-basic mother plant if it has been found on official inspection and, where appropriate, through administrative checks, that—

(a)there has been compliance with paragraphs 8 to 12; and

(b)its trueness to the description of its variety is—

(i)established in accordance with sub-paragraphs (2) and (3); and

(ii)verified in accordance with paragraph 7.

(2) The trueness of the pre-basic mother plant to the description of its variety must be established by observation of the expression of the characteristics of the variety and such observation must be based on one of the following descriptions:—

(a)the official description of the variety;

(b)the description accompanying the application to be a registered variety;

(c)the description accompanying the application for the grant of plant variety rights; or

(d)the officially recognised description, if the variety in question is a registered variety.

(3) 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—

(a)the observation of the expression of the characteristics of the variety must be carried out on the fruits of a fruiting plant propagated from the pre-basic mother plant; and

(b)the fruiting plant mentioned in head (a) must be kept separate from the pre-basic mother plant and pre-basic material.

(4) If the observation mentioned in sub-paragraph (2) is based on a description mentioned in either head (b) or (c) of sub-paragraph (2), the pre-basic mother plant may only be accepted—

[F3(a)following production of a report from the responsible official body which proves that the variety in question is distinct, uniform and stable; and]

(b)pending registration of the variety, the pre-basic mother plant and any material produced from it may only be used for the production of basic or certified material and may not be marketed as pre-basic, basic or certified material.

Textual Amendments

Acceptance of rootstocks not belonging to a variety as a pre-basic mother plantS

6.  The Scottish Ministers may accept a rootstock which does not belong to a variety as a pre-basic mother plant if it has been found on official inspection, and, where appropriate, through administrative checks, that—

(a)it is true to the description of its species; and

(b)there has been compliance with paragraphs 8 to 12.

Verification of trueness to the description of varietyS

7.—(1) The trueness of pre-basic mother plants and pre-basic material to the description of their variety must be regularly verified by the Scottish Ministers and, where appropriate, by the supplier, in accordance with the requirements of paragraph 5(2) and (3) and in a manner appropriate to the variety concerned and the propagation method used.

(2) In addition to the regular verification mentioned in sub-paragraph (1), the Scottish Ministers and, where appropriate, the supplier must verify the trueness of pre-basic mother plants resulting from any renewal of the pre-basic mother plants or pre-basic material.

Maintenance of pre-basic mother plants and pre-basic materialS

8.—(1) Subject to sub-paragraph (6), candidate pre-basic mother plants, pre-basic mother plants and pre-basic material must be maintained by the supplier in facilities designated for the genera and species concerned and which are insect proof and ensure freedom from infection through aerial vectors and any other possible sources throughout the production process.

(2) Subject to sub-paragraph (6), candidate pre-basic mother plants must be kept physically isolated from pre-basic mother plants until it is established that they are free from the pests described in paragraph 9(1) and (2).

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

(a)subject to sub-paragraph (6), grown or produced and isolated from the soil, in pots of soil-free or of sterilised growing media;

(b)identified by labels to ensure their traceability; and

(c)subject to sub-paragraph (6), maintained in a manner which ensures that they are individually identified throughout the production process.

(4) Pre-basic mother plants and pre-basic material may be maintained by cryopreservation.

(5) Pre-basic mother plants may only be used for a period as calculated in accordance with the appropriate EPPO protocol on the basis of—

(a)the stability of the variety;

(b)the environmental conditions under which they are grown; and

(c)any other determinants having an impact on the stability of the variety.

(6) F4... Pre-basic mother plants and pre-basic material may be produced in the field under non-insect proof conditions provided that—

(a)the pre-basic mother plants or pre-basic material concerned are identified by a label ensuring their traceability; and

(b)appropriate measures are taken to prevent infection of the plants by any possible sources, including by—

(i)aerial vectors;

(ii)root contact; and

(iii)cross infection by machinery and grafting tools.

Textual Amendments

Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewalS

9.—(1) A candidate pre-basic mother plant must be found free, on the basis of visual inspection of the facilities and fields, from the pests listed in F5... schedule 6, in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the candidate pre-basic mother plant concerned.

(2) Subject to sub-paragraph (3), a candidate pre-basic mother plant must be found free, on the basis of visual inspection and by sampling and testing, from the pests listed in [F6schedule 6A], in relation to the particular genus or species concerned.

(3) Where a candidate pre-basic mother plant is a seedling, visual inspection, sampling and testing is only required in relation to viruses, viroids or virus-like diseases transmitted by pollen which are listed in [F7schedule 6A] in relation to the particular genus or species concerned, provided that an official inspection has confirmed that the seedling—

(a)was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids or virus-like diseases; and

(b)it has been maintained in accordance with paragraph 8(1) and 8(3)(a) and (b).

(4) A pre-basic mother plant produced by renewal must be found free—

(a)on the basis of visual inspection of the facilities and fields from the pests listed in F8... schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the relevant pre-basic mother plant; and

(b)on the basis of visual inspection of the facilities, fields and lots and by sampling and testing in relation to the viruses and viroids listed in [F9schedule 6A].

(5) In this paragraph, a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)at the most appropriate time of the year, taking into account the climatic conditions, the growing conditions of the plant and the biology of the pests relevant to that plant;

(b)at any time of the year in the event of doubts concerning the presence of a relevant pest in accordance with the appropriate EPPO protocol;

(c)through submission of samples to laboratories approved by the Scottish Ministers for the purposes of such sampling and testing; and

(d)in the case of candidate pre-basic mother plants which are being tested for viruses, viroids, virus-like diseases and phytoplasms, using the testing method of biological indexing on indicator plants or such other testing method as the Scottish Ministers may authorise, having regard to peer reviewed scientific evidence showing that the other testing method is as reliable as biological indexing on indicator plants.

Textual Amendments

[F10Health requirements for pre-basic mother plants and for pre-basic materialS

10.—(1) A pre-basic mother plant or pre-basic material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and 6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned.

(2) The visual inspection mentioned in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier.

(3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the pre-basic mother plant or pre-basic material for the RNQPs listed in schedule 6A, in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category.

(4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the pre-basic mother plant or pre-basic material concerned.

(5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)—

(a)Scottish Ministers, persons acting on their behalf and the supplier must—

(i)apply protocols of EPPO, or other internationally recognised protocols, or

(ii)where the protocols referred to in sub-head (i) do not exist—

(aa)apply the relevant protocols established at national level, and

F11(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where appropriate, the supplier must submit the samples to laboratories officially accepted by the Scottish Ministers.

(6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and 6A, as regards the genus or species concerned, the supplier must 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 regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7.

(7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category.

(8) Sub-paragraphs (1) to (4) do not apply to pre-basic mother plants and pre-basic material during cryopreservation.]

Textual Amendments

Soil requirements [F12for pre-basic mother plants and pre-basic material] S

11.—(1) Subject to sub-paragraphs (2) and (3), pre-basic mother plants and pre-basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in [F13schedule 6B] for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a)there have been no plants which are hosts for any of the pests listed in [F13schedule 6B] grown in the relevant soil for a period of at least 5 years prior to the planting of the pre-basic mother plants and pre-basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b)an official inspection is carried out which concludes that the soil is free from any of the pests listed in [F13schedule 6B] for the genus or species concerned and which may host viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the pre-basic mother plant or pre-basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests listed in [F13schedule 6B]

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)taking into account the climatic conditions and the biology of the pests listed in [F13schedule 6B] and their relevance to the pre-basic mother plants or pre-basic material concerned.

Textual Amendments

DefectsS

12.—(1) Pre-basic mother plants and pre-basic material must be found, on visual inspection, to be practically free from defects.

(2) Injuries, discoloration, scar tissues or dessication must be considered as defects if they affect the quality and usefulness of a mother plant or plant material as propagating material.

Requirements concerning multiplication, renewal and propagation of pre-basic mother plantsS

13.—(1) Subject to sub-paragraph (4), a supplier may multiply a pre-basic mother plant which has been accepted under paragraph 5.

(2) Subject to sub-paragraph (4), the supplier may renew a pre-basic mother plant which—

(a)has been accepted under paragraph 5; and

(b)during the period described in paragraph 8(5).

(3) Subject to sub-paragraph (4), the supplier may propagate a pre-basic mother plant which has been accepted under paragraph 5 to produce pre-basic material.

(4) The multiplication, renewal and propagation described in sub-paragraphs (1) to (3) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has 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.

Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plantsS

14.  A supplier may multiply, renew or propagate a pre-basic mother plant which has been accepted under paragraph 5 by micropropagation for the purpose of producing other pre-basic mother plants or pre-basic material, provided that—

(a)the multiplication, renewal or propagation by micropropagation is carried out in accordance with the appropriate EPPO protocol; and

(b)the appropriate EPPO protocol has 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 3SBasic material

Requirements for the certification of basic materialS

15.—(1) Propagating material other than basic mother plants or rootstocks which do not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it has been propagated from a basic mother plant;

(b)the basic mother plant mentioned in head (a)—

(i)has been grown from pre-basic material; or

(ii)has been produced by multiplication from a basic mother plant, in accordance with paragraph 20;

(c)it complies with the requirements in paragraphs 7, 8(5) and 12;

(d)it complies with the requirements in paragraph 8(3)(c);

(e)it complies with the requirements in paragraph 17;

(f)it complies with the requirements in paragraph 18;

(g)it is maintained in accordance with paragraph 19; and

(h)there has been compliance with the requirements concerning multiplication and multiplication by micropropagation in paragraph 20.

(2) For the purposes of sub-paragraph (1)(c) references in paragraphs 7, 8(5) and 12 to—

(a)pre-basic mother plants may be construed as references to basic mother plants; and

(b)pre-basic material may be construed as references to basic material.

Rootstocks not belonging to a varietyS

16.—(1) A rootstock which does not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is true to the description of its species;

(b)it complies with the requirements in—

(i)paragraph 8(3)(c);

(ii)paragraph 8(5);

(iii)paragraph 12;

(iv)paragraph 17;

(v)paragraph 18;

(vi)paragraph 19; and

(vii)paragraph 20.

(2) For the purposes of sub-paragraph (1)(b)(i), (ii) and (iii), references in paragraphs 8(3)(c) and (5) and 12 to—

(a)pre-basic mother plants, may be construed as references to basic mother plants; and

(b)pre-basic material, may be construed as references to basic material.

[F14Health requirements for basic mother plants and basic materialS

17.—(1) A basic mother plant or basic material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and 6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned.

(2) The visual inspection referred to in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier.

(3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the basic mother plant or basic material for the RNQPs listed in schedule 6A in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category.

(4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the basic mother plant or basic material concerned.

(5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)—

(a)Scottish Ministers, persons acting on their behalf and the supplier must—

(i)apply protocols of EPPO, or other internationally recognised protocols, or

(ii)where the protocols referred to in sub-head (i) do not exist—

(aa)apply the relevant protocols established at national level, and

F15(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where appropriate, the supplier must submit samples to laboratories officially accepted by the Scottish Ministers.

(6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and 6A, as regards the genus or species concerned, the supplier must remove the infested basic mother plant or basic material from the vicinity of other basic mother plants and basic material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7.

(7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category.

(8) Sub-paragraphs (1) to (4) do not apply to basic mother plants and basic material during cryopreservation.]

Textual Amendments

Soil requirements [F16for basic mother plants and basic material] S

18.—(1) Subject to sub-paragraphs (2) and (3), basic mother plants and basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in [F17schedule 6B] for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a)there have been no plants which are hosts for the pests listed in [F17schedule 6B] grown in the relevant soil for a period of at least 5 years prior to the planting of the basic mother plants and basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b)an official inspection is carried out which concludes that the soil is free from any of the pests listed in [F17schedule 6B] for the genus or species concerned and which is host to viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the basic mother plant or basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)taking into account the climatic conditions and the biology of the pests listed in [F17schedule 6B] and their relevance to the basic mother plants or basic material concerned.

Textual Amendments

Requirements concerning the maintenance of basic mother plants and basic materialS

19.—(1) Basic mother plants and basic material must be maintained in fields isolated from potential sources of infection by aerial vectors, root contact, cross infection by machinery or grafting tools and from any other possible sources.

(2) An inspector may determine the distance at which the fields mentioned in sub-paragraph (1) must be isolated from potential sources of infection as mentioned in sub-paragraph (1), having regard to regional circumstances, the type of propagating material, the presence of pests in the area concerned and the relevant risks which are involved.

(3) Basic mother plants and basic material must be maintained in a manner that ensures that they are individually identified throughout the production process.

Conditions for multiplication and multiplication by micropropagation of basic mother plantsS

20.—(1) Subject to sub-paragraphs (2) to (5), a basic mother plant mentioned in paragraph 15(1)(b)(i) may be multiplied or multiplied by micropropagation in order to produce the necessary number of basic mother plants.

(2) The multiplication or multiplication by micropropagation mentioned in sub-paragraph (1) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has 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.

(3) In relation to the multiplication, or multiplication by micropropagation, of a basic mother plant of a particular genus or species listed in column 1 of the Table in sub-paragraph (5), the basic mother plant—

(a)may be multiplied for the maximum number of generations prescribed for that genus or species in the corresponding entry in column 2 of that Table; and

(b)may not be maintained as a basic mother plant beyond any period which may be prescribed in the corresponding entry in column 3 of that Table.

(4) Where rootstocks are part of the basic mother plant, the rootstock must be basic material of the first generation.

(5) Where, in respect of a particular genus or species listed in column 1 of the Table in this sub-paragraph, multiple generations of basic mother plants are prescribed in column 2 of that Table, each generation of basic mother plant, other than the first one, may derive from any previous generation.

Table of 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.

Column 1

Genera or species

Column 2

Maximum number of generations

Column 3

Maximum permitted life span

Castanea sativa Mill.

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Citrus L,. Fortunella Swingle and Poncirus Raf.

1 generation; or

if the basic mother plant is a rootstock, 3 generations

Corylus avellana L.2 generations

Cydonia oblonga Mill.,

Malus Mill. and

Pyrus L.

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Ficus carica L.2 generations
Fragaria L.5 generations
Juglans regia L.2 generations
Olea europaea L.1 generation

Prunus amygdalus,

P. armeniaca,

P. domestica,

P. persica and

P. salicina

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Prunus avium and

P. cerasus

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Ribes L.3 generations6 years
Rubus L.2 generations4 years
Vaccinium L.2 generations

PART 4SCertified material

Requirements for certification as certified materialS

21.—(1) Propagating material other than mother plants or a fruit plant may be officially certified as certified material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it has been propagated from a certified mother plant;

(b)the certified mother plant mentioned in head (a) has been grown from pre-basic material or basic material;

(c)the certified mother plant mentioned in head (a) complies with the requirements in paragraph 24;

(d)it complies with the requirements in—

(i)paragraph 7;

(ii)paragraph 8(5); and

(iii)paragraph 12;

(e)it complies with the requirements in paragraph 23; and

(f)it complies with the requirements in paragraph 24.

(2) For the purposes of sub-paragraph (1)(d), references in paragraphs 7, 8(5) and 12 to—

(a)pre-basic mother plants, may be construed as references to certified mother plants; and

(b)pre-basic material, may be construed as references to certified material.

Rootstocks not belonging to a varietyS

22.—(1) A rootstock which does not belong to a variety may be officially certified as certified material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is true to the description of its species;

(b)it complies with the requirements in—

(i)paragraph 8(5); and

(ii)paragraph 12; and

(c)it complies with the requirements in paragraphs 23 and 24.

(2) For the purposes of sub-paragraph (1)(b), references in paragraphs 8(5) and 12 to—

(a)pre-basic mother plants, may be construed as references to certified mother plants; and

(b)pre-basic material may, be construed as references to certified material.

[F18Health requirements for certified mother plants and certified materialS

23.—(1) A certified mother plant or certified material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and 6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned.

(2) The visual inspection referred to in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier.

(3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the certified mother plant or certified material for the RNQPs listed in schedule 6A in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category.

(4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the certified mother plant or certified material concerned.

(5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)—

(a)Scottish Ministers, persons acting on their behalf and the supplier must—

(i)apply protocols of EPPO, or other internationally recognised protocols, or

(ii)where the protocols referred to in sub-head (i) do not exist—

(aa)apply the relevant protocols established at national level, and

F19(bb). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)where appropriate, the supplier must submit samples to laboratories officially accepted by the Scottish Ministers.

(6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and 6A, as regards the genus or species concerned, the supplier must remove the infested certified mother plant or certified material from the vicinity of other certified mother plants and certified material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7.

(7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category.

(8) Sub-paragraphs (1) to (4) do not apply to certified mother plants and certified material during cryopreservation.]

Textual Amendments

Soil requirements [F20for certified mother plants and certified material] S

24.—(1) Subject to sub-paragraphs (2) and (3), certified mother plants must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such mother plants, to be free from any pest listed in [F21schedule 6B] for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a)there have been no plants which are hosts for any of the pests listed in [F21schedule 6B] grown in the relevant soil for a period of at least 5 years prior to the planting of the certified mother plants mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b)an official inspection is carried out which concludes that the soil is free from any of the pests listed in [F21schedule 6B] for the genus or species concerned and which is host to viruses affecting that genus or species.

[F22(2A) Unless otherwise stated, sampling and testing is not required under sub-paragraph (1) in the case of certified fruit plants.]

(3) Sampling and testing of the soil must be carried out during the growing period of the certified mother plant mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)taking into account the climatic conditions and the biology of the pests listed in [F21schedule 6B] and their relevance to the certified mother plants concerned.

Textual Amendments

[F23PART 5SRequirements with regard to the production site, place of production or area

Textual Amendments

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

25.  In addition to the health and soil requirements of paragraphs 9, 10, 11, 17, 18, 23 and 24, propagating material and fruit plants must be produced in accordance with the requirements for the production site, place of production, or area as laid down in column 5 of schedule 7, in order to limit the presence of the RNQPs listed in that schedule for the genus or species concerned.]

Regulation 2(1)

SCHEDULE 3SCAC material

Modifications etc. (not altering text)

Conditions for CAC material other than rootstocks not belonging to a varietyS

1.—(1) CAC material other than rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a)it is propagated from an identified source of material recorded by the supplier;

(b)its trueness to the description of its variety is established and verified in accordance with paragraph 3;

(c)it is found by the supplier on visual inspection [F24carried out in the facilities, fields and lots at the stage of production, to be substantially free from the RNQPs listed in schedules 6 and 6A, as regards the genus or species concerned, unless stated otherwise in schedule 7;]

[F25(ca)in relation to the RNQPs listed in schedule 6A, sampling and testing by the supplier is carried out in accordance with column 4 of schedule 7 with regard to the genus or species concerned and category;

(cb)in the event that there are doubts concerning the presence of the RNQPs listed in schedule 6, it is found as a result of sampling and testing by the supplier to be substantially free from those RNQPs;]

F26(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)on visual inspection, it is found to be practically free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

[F27(1A) CAC propagating material and CAC fruit plants in lots, after the stage of production, may only be marketed if found free from signs or symptoms of the pests listed in schedules 6 and 6A, upon visual inspection carried out by the supplier.]

(2) The visual inspections [F28and sampling and testing mentioned in sub-paragraphs (1)(c), (ca) and (cb) and (1A)] may not be conducted during cryopreservation.

Textual Amendments

CAC material: rootstocks not belonging to a varietyS

2.—(1) CAC material consisting of rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a)it is true to the description of its species;

(b)it is found by the supplier on visual inspection, or where there is doubt, by sampling and testing, to be substantially free from the pests listed in [F29schedules 6 and 6A]; and

(c)on visual inspection, it is found to be substantially free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

(2) The visual inspections mentioned in sub-paragraph (1)(b) may not be conducted during cryopreservation.

Textual Amendments

CAC material: trueness to the description of the varietyS

3.—(1) A supplier must establish and regularly verify the trueness of CAC material to the description of its variety in accordance with this paragraph.

(2) The trueness of certified material to the description of its variety must be established and verified by observation of the expression of the characteristics of the variety based on one of the following descriptions—

(a)its official description;

(b)the description accompanying the application to be a registered variety;

(c)the description accompanying the application for a grant of plant variety rights; or

(d)where the variety is registered with an officially recognised description, or subject to an application for registration with an officially recognised description, that description.

[F30Requirements with regard to the production site, place of production or areaS

4.  In addition to the health and soil requirements of paragraph 1(1)(c), (ca) and (cb), (1A) and (2), propagating material and fruit plants must be produced in accordance with the requirements for the production site, place of production, or area as laid down in column 5 of schedule 7, in order to limit the presence of the RNQPs listed in that schedule for the genus or species concerned.]

Textual Amendments

Regulations 2(1) and 7(3)

SCHEDULE 4SRegistration of varieties

InterpretationS

1.  In this schedule—

F31...

F31...

“distinctness” (and “distinct”) in relation to a variety, is to be construed in accordance with paragraph 9;

“the register” means the register of varieties maintained by the Scottish Ministers under paragraph 2;

“stability” (and “stable”) in relation to a variety, is to be construed in accordance with paragraph 11;

“technical questionnaire” means the technical questionnaire set out in—

(a)

any [F32UPOV] protocols published in relation to the relevant species; or

(b)

where no such [F32UPOV] protocols have been published as mentioned in sub-paragraph (a), any UPOV guidelines published in relation to the relevant species; or

(c)

where no such protocols as mentioned in sub-paragraph (a) or guidelines as mentioned in sub-paragraph (b) have been published, a protocol or guidelines established by or on behalf of the Scottish Ministers in relation to the same matters;

“uniformity” (and “uniform”) in relation to a variety, is to be construed in accordance with paragraph 10;

F33...

“UPOV guidelines” mean test guidelines for the conduct of tests for distinctness, uniformity and stability that have been produced for the relevant species by the UPOV and which are applicable at the beginning of the growing trial M2.

Textual Amendments

Marginal Citations

M2A list of applicable test guidelines is available at http://www.upov.int/resource/en/dus_guidance.html.

Register of varietiesS

2.—(1) The Scottish Ministers must maintain a register of varieties.

(2) The register must include—

(a)the denomination of the variety and any synonyms;

(b)the species to which the variety belongs;

(c)the date of registration of the variety or, where applicable, the date of renewal of the registration; and

(d)the date of the expiry of the validity of the registration.

(3) The register must state whether a variety has an official description or an officially recognised description.

(4) In relation to each variety registered, the Scottish Ministers must also keep a file containing a description of the variety and a summary of the facts relevant to its registration.

RegistrationS

3.—(1) The Scottish Ministers must register a variety with an official description if they are satisfied that—

(a)the variety is distinct, uniform and stable;

(b)a sample of the variety is available; and

[F34(c)in relation to genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to—

(i)the GMO regulations,

(ii)Regulation (EC) No 1829/2003, or

(iii)before the day on which IP completion day falls, Directive 2001/18/EC.]

(2) Before being satisfied in accordance with sub-paragraph (1)(a) that a variety is distinct, uniform and stable, the Scottish Ministers must take into account the results of growing trials in accordance with paragraph 5, carried out in respect of the variety by or on behalf of—

(a)the Scottish Ministers; or

[F35(b)a responsible official body outside Scotland.]

(3) The Scottish Ministers may register a variety that has been marketed within the European Union prior to 30th September 2012 with an officially recognised description.

Textual Amendments

Application for registration with an official descriptionS

4.—(1) An application for registration of a variety with an official description must be made in writing to the Scottish Ministers in such form as the Scottish Ministers may require.

(2) An application must be accompanied by—

(a)the information required in a technical questionnaire at the time of the application or, where no technical questionnaire is available in relation to the relevant species, such information as the Scottish Ministers may require;

(b)information on whether the variety is officially registered in another [F36country], or is the subject of an application for such a registration;

(c)a proposed denomination;

[F37(d)in the case of a genetically modified variety, evidence that the genetically modified organism contained in that variety has been authorised for cultivation pursuant to—

(i)the GMO regulations,

(ii)Regulation (EC) No 1829/2003, or

(iii)before the day on which IP completion day falls, Directive 2001/18/EC;]

(e)such other information as the Scottish Ministers may require.

(3) Where applicable, an application may be accompanied by details of an official description established by a responsible [F38official body outside Scotland].

(4) Where applicable, an application may also be accompanied by a statement of any other relevant information.

(5) Where a growing trial is required, a sample of the material of the variety must be submitted on request.

Textual Amendments

Growing trialsS

5.—(1) Growing trials must—

(a)establish whether a variety is distinct, uniform and stable;

(b)in relation to trial design, growing conditions and characteristics of the variety to be covered, be conducted in accordance with—

(i)[F39UPOV] protocols;

(ii)if no [F39UPOV] protocols have been published for the relevant species, any UPOV guidelines; or

(iii)if no [F39UPOV] protocols or UPOV guidelines have been published, any applicable protocols produced by, or on behalf of, the Scottish Ministers.

(2) Growing trials are not required if the Scottish Ministers are satisfied that an official description submitted in accordance with paragraph 4(3), or information submitted along with the official description, demonstrates that the variety is distinct, uniform and stable.

Textual Amendments

Duration and renewal of acceptanceS

6.—(1) The registration of a variety with an official description or, as the case may be, the renewal of such a registration, is valid—

(a)for the period up to the end of the 30th calendar year from the date of registration or renewal; or

(b)in the case of genetically modified varieties, for the shorter of either—

(i)the period up to the end of the 30th calendar year from the date of registration or renewal; or

[F40(ii)the period during which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to—

(aa)the GMO regulations,

(bb)Regulation (EC) No 1829/2003, or

(cc)before the day on which IP completion day falls, Directive 2001/18/EC.]

(2) The Scottish Ministers may—

(a)renew registration in accordance with sub-paragraph (3) or (4); or

(b)revoke registration in accordance with paragraph 7.

(3) The Scottish Ministers may, following an application made in writing to them, renew the registration of a variety with an official description for a period described in sub-paragraph (1), provided that—

(a)the requirements of distinctness, uniformity and stability are still satisfied in respect of the variety; and

(b)there is still material of that variety available on the market.

(4) The Scottish Ministers may renew the registration in the absence of a written application where they are satisfied that renewal serves to preserve genetic diversity and sustainable production and the conditions mentioned in sub-paragraph (3) are met.

Textual Amendments

Removal from registerS

7.—(1) Subject to sub-paragraph (2), the Scottish Ministers must revoke the registration of a variety if—

(a)it is no longer distinct, uniform and stable;

(b)there is no longer available any material of that variety that is sufficiently uniform or which corresponds to the description of the variety at the time of registration;

(c)false or misleading information material to registration was provided to the Scottish Ministers in connection with the application for registration;

[F41(d)in the case of any genetically modified variety, the genetically modified organism contained in that variety—

(i)ceases to be authorised for cultivation pursuant to—

(aa)the GMO regulations,

(bb)Regulation (EC) No 1829/2003, or

(ii)has, before the day on which IP completion day falls been authorised for cultivation pursuant to Directive 2001/18/EC and ceases to be authorised.]

(2) But heads (a) to (c) of sub-paragraph (1) do not apply if the Scottish Ministers are satisfied that the variety should remain on the register in the interests of preserving the genetic diversity of varieties.

Textual Amendments

Additional requirements for products to be used as genetically modified food or feedS

8.—(1) This paragraph applies to any variety from which products are derived for use as, or in—

(a)food within the scope of Article 3 of Regulation (EC) No 1829/2003; or

(b)feed within the scope of Article 15 of that Regulation.

(2) Before registering any such variety, the Scottish Ministers must be satisfied that the food or feed has been authorised pursuant to Regulation (EC) No 1829/2003.

DistinctnessS

9.  A variety is distinct if it is clearly distinguishable by one or more characteristics that result from a particular genotype or combination of genotypes, from any other variety whose existence is a matter of common knowledge at the time of the application for registration.

UniformityS

10.  A variety is uniform if, 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.

StabilityS

11.  A variety is stable if the expression of those characteristics which are included in the examination for distinctness, as well as any others used for the variety description, remain unchanged after repeated propagation or, in the case of micropropagation, at the end of each such cycle.

Regulations 2(1), 5(1)(g), 8 and 9

SCHEDULE 5SOfficial labels, supplier's documents and accompanying documents

Modifications etc. (not altering text)

PART 1SOfficial labels

1.  An official label used in relation to pre-basic material must F42... be white with a diagonal violet stripe.S

Textual Amendments

2.  An official label used in relation to basic material must be white.S

3.  An official label used in relation to certified material must F43... be blue.S

Textual Amendments

4.  An official label must—S

(a)contain the statement “[F44UK] rules and standards”; and

(b)state the following particulars:—

(i)the name of the responsible official body and [F45country] or their distinguishing abbreviations;

(ii)the name of the supplier or their registration number;

(iii)the reference number of the package, container or bundle, the individual serial number, the week number or the batch number;

(iv)the botanical name of the plant material;

(v)the category of the plant material and, for basic material, the generation number;

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

(vii)in the case of rootstocks not belonging to a variety, the name of the species or the interspecific hybrid concerned;

(viii)in the case of grafted fruit plants, the information in heads (vi) (in relation to the top-graft) and (vii) (in relation to the rootstock);

(ix)for varieties in respect of which an application to be a registered variety or for the grant of a plant variety right is pending, any information given in relation to heads (vi) to (viii) must be pre-fixed with the words “proposed denomination” and “application pending”;

(x)where appropriate, the words “variety with an officially recognised description”;

(xi)the quantity of plant material;

(xii)where different from the [F46country] of labelling, the country of production and its respective code or abbreviation;

(xiii)the year of issue, or in the case of a replacement label, the year of issue of the original label;

(xiv)in the case of a genetically modified variety—

(aa)a statement that the variety has been genetically modified; and

(bb)a list of the genetically modified organisms.

Textual Amendments

5.  The information and particulars required on an official label must be indelibly printed in [F47English, but may also be printed in other languages,] and must be easily visible and legible.S

Textual Amendments

PART 2SSupplier's documents for CAC material

6.  A supplier's document for CAC material must—S

(a)contain the statement “[F48UK] rules and Standards”; and

(b)state the following particulars:—

(i)the name of the responsible official body and [F49country] where the supplier's document was prepared or their distinguishing abbreviations;

(ii)the registration number of the supplier;

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

(iv)the botanical name of the plant material;

(v)CAC material;

(vi)the denomination of the variety or, in the case of rootstock, the denomination of the variety of its designation;

F50(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(viii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ix)the date of issue.

Textual Amendments

[F526A.  Where it is affixed to the CAC material in the form of a label, the supplier’s document must be yellow.]S

Textual Amendments

7.  The information and particulars required in a supplier's document must be indelibly printed in [F53English, but may also be printed in other languages,] and must be [F54clearly] visible and legible.S

Textual Amendments

PART 3SAccompanying documents

8.  An accompanying document must—S

(a)contain the information listed in paragraph 4;

(b)be written in [F55English, but may also be written in other languages];

(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; and

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

Textual Amendments

Regulations 15(4) and 17(2);schedule 2, paragraphs 9(1) and(4)(a), 10(1), (4) and (6), 17(1),(4) and (6) and 23(1), (4) and (6);and schedule 3, paragraphs 1(1)and (1A) and 2(1)

[F56SCHEDULE 6SRNQPs for the presence of which visual inspection and, where there are doubts, sampling and testing are required

Textual Amendments

Column 1

Genus or Species

Column 2

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 [ChMV]
Citrus L., Fortunella Swingle, Poncirus Raf.Fungi and oomycetes
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
Armillaria 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
Armillaria 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
Armillaria 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]
Viruses, viroids, virus-like diseases and phytoplasmas
Fig mosaic agent [FGM000]
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 australiense Davis et al. [PHYPAU]
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. juglandis (Pierce) Vauterin et al. [XANTJU]
Fungi and oomycetes
Armillaria 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
Armillaria 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 dulcis (Miller) WebbBacteria

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]

Pseudomonas viridiflava (Burkholder) Dowson [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 cerasus L.Bacteria
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 Prunus salicina LindleyBacteria

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]

Microsphaera grossulariae (Wallroth) Léveillé [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]]

Regulations 15(4) and 17(2);schedule 2, paragraphs 9(2),(3) and (4), 10(1), (3) and (6),17(1), (3) and (6) and 23(1), (3)and (6); and schedule 3,paragraphs 1(1) and (1A) and 2(1)

[F57SCHEDULE 6ASRNQPs for the presence of which visual inspection and, where applicable, sampling and testing are required

Textual Amendments

Column 1

Genus or species

Column 2

RNQPs

Citrus L., Fortunella Swingle and Poncirus Raf.Bacteria
Spiroplasma citri Saglio et al. [SPIRCI]
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 LViruses, 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

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) WebbBacteria
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]

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]

Prunus avium L. and Prunus cerasus 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]

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]

Prunus domestica L., Prunus salicina Lindley, and other species of Prunus L. susceptible to Plum pox virus in the case of Prunus L. hybridsBacteria
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]

Myrobalan latent ringspot virus [MLRSV0]

Plum pox virus [PPV000]

Prune dwarf virus [PDV000]

Prunus necrotic ringspot virus [PNRSV0]

Prunus persica (L.) BatschBacteria
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]

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]

Vaccinium L.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]

Regulation 17(2); andschedule 2, paragraphs 11(1),(2), (3) and (4), 18(1), (2) and (4)and 24(1), (2) and (4)

SCHEDULE 6BSRNQPs the presence of which in soil is regulated

Column 1

Genus or species

Column 2

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.) Batsch and Prunus salicina LindleyNematodes

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]

Rubus L.Nematodes

Longidorus attenuatus Hooper [LONGAT]

Longidorus elongatus (de Man) Thorne & Swanger [LONGEL]

Longidorus macrosoma Hooper [LONGMA]

Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI]]

Schedule 2, paragraphs 10(1),(3), (6) and (7), 17(1), (3), (6)and (7) and 23(1), (3), (6) and (7);and schedule 3, paragraphs 1(1) and 4

[F58SCHEDULE 7SVisual inspections, sampling and testing per genus or species and category

Textual Amendments

1.  In this schedule, “Commission Implementing Decision 2017/925” means Commission Implementing Decision (EU) 2017/925 temporarily authorising certain Member States to certify pre-basic material of certain species of fruit plants, produced in the field under non-insect proof conditions, and repealing Implementing Decision (EU) 2017/167.S

2.  Propagating material must comply with—S

(a)the requirements concerning [F59GB] quarantine pests and protected zone quarantine pests provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation, and

(b)the following requirements per genera or species and category concerned—

Column 1

Genus or species

Column 2

Category

Column 3

Frequency of visual inspections

Column 4

Requirements relating to sampling and testing

Column 5

Requirements relating to the production site, place of production or area

Castanea sativa Mill.Pre-basic categoryVisual inspections must be carried out once a year.Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs listed in schedule 6.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 2017/925, the following requirements apply concerning Cryphonectria parasitica (Murrill) Barr:
(a)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Cryphonectria parasitica (Murrill) Barr, or

(b)

no symptoms of Cryphonectria parasitica (Murrill) Barr are observed at the site of production on propagating material and fruit plants of the pre-basic category since the beginning of the last complete cycle of vegetation.

Basic categoryPropagating material and fruit plants of the basic category must be produced in areas known to be free from Cryphonectria parasitica (Murrill) Barr, or
no symptoms of Cryphonectria parasitica (Murrill) Barr are observed at the site of production on propagating material and fruit plants of the basic category since the beginning of the last complete cycle of vegetation.
Certified and CAC categoriesPropagating material and fruit plants of the certified and CAC categories must be produced in areas known to be free from Cryphonectria parasitica (Murrill) Barr,
no symptoms of Cryphonectria parasitica (Murrill) Barr are observed at the site of production on propagating material and fruit plants of the certified and CAC categories since the beginning of 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 have been rogued out, the remaining propagating material and fruit plants must be inspected at weekly intervals and no symptoms are observed at the site of production for at least three weeks before dispatch.
Citrus L., Fortunella Swingle and Poncirus Raf.Pre-basic categoryVisual inspections must be carried out twice a year.Each pre-basic mother plant must be sampled and tested every year concerning the presence of Spiroplasma citri Saglio et al. Each pre-basic mother plant must 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).N/A.
Each pre-basic mother plant must be sampled and tested every 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.
Basic categoryVisual inspections must 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 must 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 6 and 6AIn the case of basic mother plants which have been maintained in insect proof facilities, each basic mother plant must be sampled and tested every three years concerning the presence of Citrus tristeza virus (EU isolates). A representative portion of basic mother plants must be sampled and tested every three years concerning the presence of Spiroplasma citri Saglio et al.Propagating material and fruit plants of the basic and certified categories must 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,
In the case of basic mother plants which have not been maintained in insect proof facilities, a representative portion of basic mother plants must 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 must be sampled and tested. A representative portion of basic mother plants which have not been maintained in insect proof facilities must 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 6 and 6A.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,
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
in the case of propagating material and fruit plants of the certified category which have not been grown in insect proof facilities:
(a)

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

(b)

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.

Certified categoryVisual inspections must 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 must 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 6 and 6A.In the case of certified mother plants which have been maintained in insect proof facilities, a representative portion of certified mother plants must 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 must 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 must be sampled and tested where there are doubts concerning the presence of pests, other than Citrus tristeza virus (EU isolates), listed in schedules 6 and 6A.
In the case of a positive test result for Citrus tristeza virus (EU isolates) all certified mother plants in the production site must be sampled and tested.
CAC categoryVisual inspections must be carried out once a year.Propagating material and fruit plants of the CAC category must 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 6A.Propagating material and fruit plants of the CAC category must 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,
In the case the identified source of material has been maintained in insect proof facilities, a representative portion of that material must be sampled and tested every eight years concerning the presence of Citrus tristeza virus (EU isolates).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,
In the case the identified source of material has not been maintained in insect-proof facilities, a representative portion of that material must be sampled and tested every three years concerning the presence of Citrus tristeza virus (EU isolates).
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
in the case of propagating material and fruit plants of the CAC category which have not been grown in insect proof facilities:
(a)

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

(b)

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.All categoriesVisual inspections must be carried out once a year.Sampling and testing must be carried out where there are doubts concerning the presence of the RNQPs listed in schedules 6 and 6A.N/A.
Cydonia oblonga Mill.Pre-basic categoryVisual inspections must 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 must be carried out once a year.Each pre-basic mother plant must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.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 2017/925, the following requirements apply concerning Erwinia amylovora (Burrill) Winslow et al.:
(a)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

(b)

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.

Basic categoryA representative portion of basic mother plants must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.Propagating material and fruit plants of the basic and certified categories must 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.
Certified categoryA representative portion of certified mother plants must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.
Certified fruit plants must be sampled and tested where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A.
CAC categorySampling and testing must be carried out where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A.Propagating material and fruit plants of the CAC category must 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.
Ficus carica L.All categoriesVisual inspections must be carried out once a year.Sampling and testing must be carried out where there are doubts concerning the presence of the RNQPs listed in schedule 6.N/A.
Fragaria L.Pre-basic categoryVisual inspections must be carried out twice a year during the growing season. The foliage of Fragaria L. must be visually inspected concerning the presence of Phytophthora fragariae C.J. Hickman.Each pre-basic mother plant must 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 6A, and, where there are doubts concerning the presence of RNQPs listed in schedule 6.N/A.
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.
Basic categoryA representative sample of roots must be sampled and tested in the case of symptoms of Phytophthora fragariae C.J. Hickman on the foliage. Sampling and testing must 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 must be carried out where there are 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 6 and 6A. Phytophthora fragariae C.J. Hickman:
(a)

propagating material and fruit plants of the basic category must be produced in areas known to be free from Phytophthora fragariae C.J. Hickman, or

(b)

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:
(a)

propagating material and fruit plants of the basic category must be produced in areas known to be free from Xanthomonas fragariae Kennedy & King, or

(b)

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.

Phytophthora fragariae C.J. Hickman:
(a)

there must be a rest period, during which the propagating material and fruit plants concerned must not be grown, which must be of at least ten years between findings of Phytophthora fragariae C.J. Hickman and the next planting, or

(b)

the cropping and soil borne disease history of the production site must be recorded.

There must be a rest period, during which the propagating material and fruit plants concerned must not be grown, which must be of at least one year between findings of Xanthomonas fragariae Kennedy & King and the next planting.
Requirements for RNQPs, other than Xanthomonas fragariae Kennedy & King and Phytophthora fragariae C.J. Hickman and other than viruses:
(a)

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 must not exceed:

(i)

0.05% in the case of Aphelenchoides besseyi,

(ii)

0.1% in the case of Strawberry multiplier disease phytoplasma,

(iii)

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 and Verticillium dahliae Kleb,

(iv)

0.5% in the case of Chaetosiphon fragaefolii Cockerell, Ditylenchus dipsaci (Kuehn) Filipjev, Meloidogyne hapla Chitwood, Podosphaera aphanis (Wallroth) Braun & Takamatsu,

(v)

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

(b)

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 must be rogued out and immediately destroyed.

Symptoms of all viruses listed in schedules 6 and 6A must 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 must have been rogued out and immediately destroyed.
Certified categoryA representative sample of roots must be sampled and tested in the case of symptoms of Phytophthora fragariae C.J. Hickman on the foliage. Sampling and testing must 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 must be carried out where there are 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 6 and 6A. Phytophthora fragariae C.J. Hickman:
(a)

propagating material and fruit plants of the certified category must be produced in areas known to be free from Phytophthora fragariae C.J. Hickman, or

(b)

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:
(a)

propagating material and fruit plants of the certified category must be produced in areas known to be free from Xanthomonas fragariae Kennedy & King, or

(b)

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.

Phytophthora fragariae C.J. Hickman:
(a)

there must be a rest period, during which the propagating material and fruit plants concerned must not be grown, which must be of at least ten years between findings of Phytophthora fragariae C.J. Hickman and the next planting, or

(b)

the cropping and soil borne disease history of the production site must be recorded.

There must be a rest period, during which the propagating material and fruit plants concerned must not be grown, which must be of at least one year between findings of Xanthomonas fragariae Kennedy & King and the next planting.
Requirements for RNQPs, other than Xanthomonas fragariae Kennedy & King and Phytophthora fragariae C.J. Hickman and other than viruses:
(a)

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 must not exceed:

(i)

0.1% in the case of Phytonemus pallidus Banks,

(ii)

0.5% in the case of Aphelenchoides besseyi Christie and Strawberry multiplier disease phytoplasma,

(iii)

1% in the case of Aphelenchoides fragariae (Ritzema Bos) Christie, Candidatus Phlomobacter fragariae Zreik, Bové & Garnier, Candidatus Phytoplasma asteris Lee et al., Candidatus Phytoplasma australiense Davis 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) Filipje, Meloidogyne hapla Chitwood, Podosphaera aphanis (Wallroth) Braun & Takamatsu, Pratylenchus vulnus Allen & Jensen and Rhizoctonia fragariae Hussain & W.E.McKeen,

(iv)

2% in the case of Verticillium albo-atrum Reinke & Berthold and Verticillium dahliae Kleb; and that propagating material and those fruit plants, and any surrounding host plants have been rogued out and destroyed, and

(b)

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 must be rogued out and immediately destroyed.

Symptoms of all viruses listed in schedules 6 and 6A 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.
CAC categoryA representative sample of roots must be sampled and tested in the case of symptoms of Phytophthora fragariae C.J. Hickman on the foliage. Sampling and testing must 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 must be carried out where there are 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 6 and 6A. Phytophthora fragariae C.J. Hickman:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Phytophthora fragariae C.J. Hickman, or

(b)

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 5m 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:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Xanthomonas fragariae Kennedy & King,

(b)

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

(c)

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.

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 must be rogued out and immediately destroyed.
Juglans regia L.Pre-basic categoryVisual inspections must be carried out once a year.Each flowering pre-basic mother plant must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.N/A.
Basic categoryA representative portion of basic mother plants must 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 6 and 6A.
Certified categoryA representative portion of certified mother plants must 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 6 and 6A.
Certified fruit plants must be sampled and tested where there are doubts concerning the presence of the RNQPs listed in schedules 6 and 6A.
CAC categorySampling and testing must be carried out where there are doubts concerning the presence of the RNQPs listed in schedules 6 and 6A.
Malus Mill.Pre-basic categoryVisual inspections must be carried out once a year.Each pre-basic mother plant must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.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 2017/925, the following requirements apply concerning Candidatus Phytoplasma mali Seemüller & Schneider and Erwinia amylovora (Burrill) Winslow et al.:
(a)

Candidatus Phytoplasma mali Seemüller & Schneider:

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Candidatus Phytoplasma mali Seemüller & Schneider, or

(ii)

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,

(b)

Erwinia amylovora (Burrill) Winslow et al.:

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

(ii)

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.

Basic categoryIn the case of basic mother plants, which have been maintained in insect proof facilities, a representative portion of basic mother plants must be sampled and tested every fifteen years concerning the presence of Candidatus Phytoplasma mali Seemüller & Schneider. Candidatus Phytoplasma mali Seemüller & Schneider:
(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from 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 must be sampled and tested every three years concerning the presence of Candidatus Phytoplasma mali Seemüller & Schneider; a representative portion of basic mother plants must 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 mali Seemüller & Schneider and other than the virus-like diseases and viroids, listed in schedule 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.
(b)

no symptoms of Candidatus Phytoplasma mali 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

(c)

symptoms of Candidatus Phytoplasma mali Seemüller & Schneider 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, 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.

Certified categoryIn the case of certified mother plants, which have been maintained in insect proof facilities, a representative portion of certified mother plants must be sampled and tested every fifteen 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 must be sampled and tested every five years concerning the presence of Candidatus Phytoplasma mali Seemüller & Schneider; a representative portion of certified mother plants must 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 mali Seemüller & Schneider and other than virus-like diseases and viroids, listed in schedule 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.
Erwinia amylovora (Burrill) Winslow et al.:
(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

Certified fruit plants must be sampled and tested where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A.
(b)

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.

CAC categorySampling and testing must be carried out where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A. Candidatus Phytoplasma mali Seemüller & Schneider:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Candidatus Phytoplasma mali Seemüller & Schneider,

(b)

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

(c)

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.

Erwinia amylovora (Burrill) Winslow et al.:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

(b)

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.

Olea europaea L.Pre-basic categoryVisual inspections must be carried out once a year.Each pre-basic mother plant must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.N/A.
Basic categoryA representative portion of basic mother plants must 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 6 and 6A.
Certified categoryIn the case of mother plants used for the production of seeds (“seed mother plants”), a representative portion of those seed mother plants must 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 6 and 6A. In the case of mother plants other than seed mother plants, a representative portion of those plants must 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 6 and 6A.
CAC categorySampling and testing must be carried out where there are doubts concerning the presence of the RNQPs listed in schedules 6 and 6A.
Pistacia vera L.All categoriesVisual inspections must be carried out once a year.Sampling and testing must be carried out where there are doubts concerning the presence of the RNQPs listed in schedule 6.N/A.
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 LindleyPre-basic categoryVisual inspections must 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 must 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 6 and 6A.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, must derive from mother plants, which have been tested within the previous growing season and found free from Plum pox virus.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 2017/925, the following requirements apply concerning 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:
Pre-basic rootstocks of Prunus cerasifera Ehrh. and Prunus domestica L. must 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. must derive from mother plants, which have been tested within the previous five growing seasons and found free from Candidatus Phytoplasma prunorum Seemüller & Schneider.
(a)

Candidatus Phytoplasma prunorum Seemüller & Schneider:

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Candidatus Phytoplasma prunorum Seemüller & Schneider,

Each flowering pre-basic mother plant must be sampled and tested for Prune dwarf virus and Prunus necrotic ringspot virus one year after its acceptance as a pre-basic mother plant and with subsequent intervals of one year. In the case of Prunus persica, each flowering pre-basic mother plant must be sampled one 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 must be sampled and tested for Prune dwarf virus and Prunus necrotic ringspot virus.
(ii)

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

(iii)

propagating material and fruit plants of the pre-basic category in the production site must be isolated from other host plants. The isolation distance of the production site must 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,

Each pre-basic mother plant must be sampled five years after its acceptance as a pre-basic mother plant, and with subsequent intervals of five years, and tested for Candidatus Phytoplasma prunorum Seemüller & Schneider and Plum pox virus. Each pre-basic mother plant must be sampled ten years after its acceptance as a pre-basic mother plant, and with subsequent intervals of ten years, and tested for RNQPs, other than Prune dwarf virus, Plum pox virus and Prunus necrotic ringspot virus, relevant for the species, as listed in schedule 6A, and tested where there are doubts concerning the presence of RNQPs listed in schedule 6. A representative portion of pre-basic mother plants must be sampled and tested where there are doubts concerning the presence of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.
(b)

Plum pox virus:

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Plum pox virus,

(ii)

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

(iii)

propagating material and fruit plants of the pre-basic category in the production site must be isolated from other host plants. The isolation distance of the production site must 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,

(c)

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

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie, or

(ii)

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,

(d)

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

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Xanthomonas arboricola pv. pruni (Smith) Vauterin et al., or

(ii)

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.

Basic categoryVisual inspections must be carried out once a year.A representative portion of basic mother plants that have been maintained in insect-proof facilities must be sampled every three 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 must be sampled every ten years and tested concerning the presence of Candidatus Phytoplasma prunorum Seemüller & Schneider. Candidatus Phytoplasma prunorum Seemüller & Schneider:
(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Candidatus Phytoplasma prunorum Seemüller & Schneider,

(b)

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

(c)

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.

Mother plants which have not been maintained in insect proof facilities:
(a)

a representative portion of basic mother plants, other than those intended for the production of rootstocks, must be sampled every year and tested for Plum pox virus in order to have all plants tested within an interval of ten years,

(b)

a representative portion of basic mother plants, intended for the production of rootstocks must 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 five growing seasons concerning the presence of Candidatus Phytoplasma prunorum Seemüller & Schneider and found free from that RNQP, and

(c)

a representative portion of basic mother plants must be sampled and tested where there are doubts concerning the presence of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. A representative portion of basic mother plants must be sampled and tested every ten 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 and Plum pox virus, listed in schedule 6A, and tested where there are doubts concerning the presence of RNQPs listed in schedule 6.

Flowering mother plants:Plum pox virus:
(a)

a representative portion of flowering basic mother plants must 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, and

(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Plum pox virus, or

(b)

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

(c)

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.

(b)

in the case of Prunus persica (L.) Batsch, a representative portion of flowering basic mother plants must 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 must be sampled and tested Prune dwarf virus and Prunus necrotic ringspot virus on the basis of an assessment of the risk of infection of those plants.

A representative portion of non-flowering basic mother plants which have been not maintained in insect proof facilities must be sampled and tested every three 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.
Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie:
(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie,

(b)

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

(c)

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.

Certified categoryA representative portion of certified mother plants that have been maintained in insect proof facilities must be sampled every five 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 fifteen years. A representative portion of certified mother plants must be sampled every fifteen years and tested concerning the presence of Candidatus Phytoplasma prunorum Seemüller & Schneider.
Mother plants that have not been maintained in insect proof facilities: Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.:
(a)

a representative portion of certified mother plants that have not been maintained in insect proof facilities must be sampled every three years and tested for Plum pox virus in order to have all plants tested within an interval of fifteen years,

(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.,

(b)

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

(c)

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.

(b)

a representative portion of certified mother plants intended for the production of rootstocks must 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 five growing seasons and tested concerning the presence of Candidatus Phytoplasma prunorum Seemüller & Schneider and found free from that RNQP, and

(c)

a representative portion of certified mother plants must be sampled and tested where there are doubts concerning the presence of Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. A representative portion of certified mother plants must be sampled every fifteen 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 and Plum pox virus, listed in schedule 6A, and tested where there are doubts concerning the presence of RNQPs listed in schedule 6.

A representative portion of flowering certified mother plants must 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 must 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 must 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.
A representative portion of non-flowering certified mother plants, which have not been maintained in insect proof facilities, must be sampled every three years and tested concerning the presence of Candidatus Phytoplasma prunorum, Prune dwarf virus and Prunus necrotic ringspot virus on the basis of an assessment of the risk of infection of those plants.
CAC categoryPropagating material and fruit plants of the CAC category must derive from an identified source of material, of which a representative portion has been sampled and tested within the previous three growing seasons and found free from Plum pox virus. Candidatus Phytoplasma prunorum Seemüller & Schneider:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Candidatus Phytoplasma prunorum Seemüller & Schneider,

(b)

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,

(c)

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; or

(d)

symptoms of Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie and 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.

CAC rootstocks of Prunus cerasifera Ehrh. and Prunus domestica L. must 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 must be sampled and tested where there are 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 must 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 must be sampled and tested concerning the presence of Candidatus Phytoplasma prunorum Seemüller & Schneider.
Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs, other than Candidatus Phytoplasma prunorum Seemüller & Schneider and Plum pox virus, listed in schedules 6 and 6A.
Plum pox virus:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Plum pox virus,

(b)

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

(c)

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.

Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie,

(b)

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

(c)

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.

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

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Xanthomonas arboricola pv. pruni (Smith) Vauterin et al.,

(b)

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

(c)

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.

Pyrus L.Pre-basic categoryVisual inspections must be carried out once a year.Each pre-basic mother plant must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.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 2017/925, the following requirements apply concerning Candidatus Phytoplasma pyri Seemüller & Schneider and Erwinia amylovora (Burrill) Winslow et al.:
(a)

Candidatus Phytoplasma pyri Seemüller & Schneider:

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Candidatus Phytoplasma pyri Seemüller & Schneider, or

(ii)

no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider are observed at 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)

Erwinia amylovora (Burrill) Winslow et al.:

(i)

propagating material and fruit plants of the pre-basic category must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

(ii)

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.

Basic categoryIn the case of basic mother plants which have been maintained in insect proof facilities, a representative portion of basic mother plants must be sampled and tested every fifteen years concerning the presence of Candidatus Phytoplasma pyri Seemüller & Schneider. Candidatus Phytoplasma pyri Seemüller & Schneider:
(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Candidatus Phytoplasma pyri Seemüller & Schneider,

(b)

no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider are observed at 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

(c)

symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider 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, 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 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 must be sampled and tested every three years concerning the presence of Candidatus Phytoplasma pyri Seemüller & Schneider; a representative portion of basic mother plants must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.
Certified categoryIn the case of certified mother plants, which have been maintained in insect proof facilities, a representative portion of certified mother plants must 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 must be sampled and tested every five years concerning the presence of Candidatus Phytoplasma pyri Seemüller & Schneider; a representative portion of certified mother plants must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.
Erwinia amylovora (Burrill) Winslow et al.:
(a)

propagating material and fruit plants of the basic and certified categories must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

(b)

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.

Certified fruit plants must be sampled and tested where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A.
CAC categorySampling and testing must be carried out where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A. Candidatus Phytoplasma pyri Seemüller & Schneider:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Candidatus Phytoplasma pyri Seemüller & Schneider,

(b)

no symptoms of Candidatus Phytoplasma pyri Seemüller & Schneider are observed at 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

(c)

symptoms of Candidatus Phytoplasma pyri 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 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 pyri Seemüller & Schneider.

Erwinia amylovora (Burrill) Winslow et al.:
(a)

propagating material and fruit plants of the CAC category must be produced in areas known to be free from Erwinia amylovora (Burrill) Winslow et al., or

(b)

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.

Ribes L.Pre-basic categoryVisual inspections must be carried out twice a year.Each pre-basic mother plant must 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 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.N/A
Basic categoryVisual inspections must be carried out once a year.Sampling and testing must be carried out where there are doubts concerning the presence of the RNQPs listed in schedules 6 and 6A.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 must not exceed 0.05% and that propagating material and those fruit plants, and any surrounding host plants have been rogued out and destroyed.
Certified categoryThe 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 must not exceed 0.5% and that propagating material and those fruit plants, and any surrounding host plants have been rogued out and destroyed.
CAC categoryN/A
Rubus L.Pre-basic categoryVisual inspections must be carried out twice a year.Each pre-basic mother plant must be sampled and tested two years after its acceptance as a pre-basic mother plant and with subsequent intervals of two years concerning the presence of RNQPs listed in schedule 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.N/A.
Basic categoryWhere propagating material and fruit plants are grown in the field or in pots, visual inspections must be carried out twice a year.Sampling and testing must be carried out if the symptoms of Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus are unclear upon visual inspection. Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs, other than Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus, listed in schedules 6 and 6AIn 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 or Tomato black ring virus, the propagating material and fruit plants concerned must be rogued out and immediately destroyed.
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.
In relation to RNQPs other than Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring 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 must not exceed 0.1% in the case of:
(a)

Agrobacterium spp. Conn.; and

(b)

Rhodococcus fascians Tilford; and that propagating material and those fruit plants, and any surrounding host plants have been rogued out and destroyed.

Symptoms of all viruses listed in schedules 6 and 6A 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.
Certified categoryVisual inspections must be carried out once a year.Sampling and testing must be carried out if the symptoms of Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus are unclear upon visual inspection. Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs, other than Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus, listed in schedules 6 and 6A.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 or Tomato black ring virus, the propagating material and fruit plants concerned must be rogued out and immediately destroyed.
In relation to RNQPs other than Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring 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 must not exceed:
(a)

0.5% in the case of Resseliella theobaldi Barnes, and

(b)

1% in the case of:

(i)

Agrobacterium spp. Conn., and

(ii)

Rhodococcus fascians Tilford,

and that propagating material and those fruit plants, and any surrounding host plants have been rogued out and destroyed.
Symptoms of all viruses listed in schedules 6 and 6A 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.
CAC categoryVisual inspections must be carried out once a year.Sampling and testing must be carried out if the symptoms of Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus are unclear upon visual inspection. Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs, other than Arabis mosaic virus, Raspberry ringspot virus, Strawberry latent ringspot virus and Tomato black ring virus, listed in schedules 6 and 6A.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 or Tomato black ring virus, the propagating material and fruit plants concerned must be rogued out and immediately destroyed.
Vaccinium L.Pre-basic categoryVisual inspections must be carried out twice a year.Each pre-basic mother plant must be sampled and tested five years after its acceptance as a pre-basic mother plant and with subsequent intervals of five years concerning the presence of RNQPs listed in schedule 6A, and where there are doubts concerning the presence of RNQPs listed in schedule 6.N/A.
Basic categoryVisual inspections must be carried out twice a year.Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A.No symptoms of Agrobacterium tumefaciens (Smith & Townsend) Conn are observed at the production site over the last complete growing season.
Diaporthe vaccinii Shear:
(a)

propagating material and fruit plants of the basic category must be produced in areas known to be free from Diaporthe vaccinii Shear, or

(b)

no symptoms of Diaporthe vaccinii Shear are observed at the production site over the last complete growing season.

In relation to 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 must not exceed:
(a)

0.1% in the case of Godronia cassandrae (anamorph Topospora myrtilli) Peck, and

(b)

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.
Certified categoryVisual inspections must be carried out once a year.Sampling and testing must be carried out where there are doubts concerning the presence of RNQPs listed in schedules 6 and 6A. Diaporthe vaccinii Shear:
(a)

propagating material and fruit plants of the certified category must be produced in areas known to be free from Diaporthe vaccinii Shear, or

(b)

no symptoms of Diaporthe vaccinii Shear are observed at the production site over the last complete growing season.

In relation to 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 must not exceed:
(a)

0.5% in the case of:

(i)

Agrobacterium tumefaciens (Smith & Townsend) Conn, and

(ii)

Godronia cassandrae (anamorph Topospora myrtilli) Peck, and

(b)

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 destroyed.
CAC categoryN/A.]

Textual Amendments

Regulation 18(2)

SCHEDULE 8SPowers of inspectors

Powers of entry etc.S

1.—(1) An inspector may, on producing a duly authenticated authorisation if so required, enter any premises in Scotland of a supplier, at any reasonable time, if the inspector reasonably suspects that any activity to which these Regulations apply is being carried out on those premises, for the purposes of ascertaining whether there is, or has been, any contravention of these Regulations.

(2) An inspector entering premises under sub-paragraph (1) may—

[F60(a)be accompanied by such other persons as the inspector considers appropriate;]

(b)take onto those premises any equipment or materials that the inspector considers necessary for the enforcement of these Regulations;

(c)open any container;

(d)carry out any searches, inspections, measurements and tests;

(e)take samples;

(f)have access to, and inspect, any books, documents or records (in whatever form they are held) relating to these Regulations and remove them to enable them to be copied;

(g)photograph or copy anything, the production of which the inspector has the power to require under head (f);

(h)photograph anything which the inspector has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and

(i)seize any computers and associated equipment for the purpose of copying documents, provided that they are returned as soon as practicable.

(3) Any person who accompanies an inspector in accordance with this paragraph may perform any of the inspector's functions but only under the supervision of that inspector.

Textual Amendments

Information noticeS

2.  An inspector may, by notice served on any person, require that person to provide such information as is specified in the notice in such form and within such period following service of the notice or at such time as is so specified (in this schedule, “an information notice”).

Prohibition on movementS

3.  An inspector may, by notice served on any person, prohibit that person from moving plant material from any premises if the inspector has reasonable grounds to suspect that the plant material fails to comply with a requirement to which it is subject by virtue of schedule 2, 3 or 5 (in this schedule, “a movement notice”).

Enforcement and prohibition noticesS

4.—(1) An inspector may serve a notice on any person who contravenes, or who the inspector has reasonable grounds to suspect may contravene, these Regulations—

(a)requiring that person to act in accordance with the Regulations (in this schedule, an “enforcement notice”); or

(b)prohibiting that person from acting in breach of the Regulations (in this schedule, a “prohibition notice”).

(2) The notice must give reasons for serving it and, if appropriate, specify what action must be taken and specify the time limit for taking any such action.

Appeals against enforcement and prohibition noticesS

5.—(1) Any person who is aggrieved by a decision of an inspector to serve a notice under this schedule may appeal by application to the sheriff.

(2) The period within which an appeal must be brought is 28 days from the service of the notice or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.

(3) A notice served under this schedule must state—

(a)the right of appeal to the sheriff by the person on whom the notice is served; and

(b)the period in which such an appeal may be brought.

(4) On an appeal under this paragraph, the sheriff may either cancel or affirm the notice and, if the sheriff affirms the notice, the sheriff may do so either in its original form or with such modifications as the sheriff thinks fit.

Compliance with noticesS

6.—(1) A notice served under this schedule must be complied with at the expense of the person on whom it is served and, if it is not complied with, an inspector may make arrangements to secure compliance with the notice.

(2) Where an inspector makes arrangements pursuant to sub-paragraph (1), the Scottish Ministers may recover all reasonable expenses in connection with the arrangements as a debt from the person on whom the notice was served.

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