Modifications etc. (not altering text)
C1Sch. 5: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(b), 20(1) (with reg. 20(2))
23.—(1) Certified mother plants and certified material must be grown in soil that is free from any of the pests listed in Annex III of Directive 2014/98/EU relevant to the genus or species concerned and which host viruses affecting that genus or species.
(2) Freedom from such pests must be established by sampling and testing by an inspector and, where appropriate, a supplier.
(3) Sampling and testing must be carried out—
(a)before the certified mother plant or the certified material is planted, and must be repeated during growth if the presence of such pests is suspected;
(b)taking account of climatic conditions, the biology of the pests, and the relevance of the pests for the certified mother plant or the certified material concerned;
(c)in accordance with the appropriate protocol.
(4) Sampling and testing is not required—
(a)[F1unless otherwise stated,] in the case of certified fruit plants;
(b)where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;
(c)where an inspector concludes, on the basis of an official inspection, that the soil is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.
Textual Amendments
F1Words in Sch. 5 para. 23(4)(a) inserted (24.7.2020) by The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020 (S.I. 2020/682), regs. 1(1), 6(7)(j)