Quality requirements for propagating materialE+W

4.  Propagating material shall, when marketed–

(a)be substantially free from any defects likely to impair its quality as propagating material and in particular, at least on visual inspection, be substantially free from any harmful organisms impairing quality, or any signs or symptoms of such organisms, which reduce its usefulness;

(b)have satisfactory vigour and dimensions in respect of its usefulness as propagating material;

(c)in the case of seeds, have a satisfactory germination capacity;

(d)have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and

(e)if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

[F1 Quality requirements for propagating materialS

4.—(1) Propagating material must, when marketed—

(a)in respect of the genera and species listed in column 2 of the table in schedule 2 (organisms and diseases), have been found, at least on visual inspection, at the place of production to be practically free from all pests listed in column 1 of that table;

(b)not exceed, at least on visual inspection, the respective thresholds for the presence of RNQPs listed in column 3 of the table in schedule 2;

(c)be, at least on visual inspection, practically free from any pests, other than the pests listed in column 1 of the table in schedule 2 in respect of the genera and species listed in the corresponding row of column 2 of that table, which reduce the usefulness and quality of that material, or from any signs or symptoms thereof;

(d)comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation;

(e)have satisfactory vigour and dimensions in respect of its usefulness as propagating material;

(f)in the case of seeds, have a satisfactory germination capacity;

(g)have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and

(h)if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity.

(2) In this regulation—

“the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC,

“protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation,

“RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation, and

“Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments