16.—(1) A basic mother plant or basic material must be free from the pests listed in Part A of Annex I and in Annex II to Directive 2014/98/EU, as regards the genus or species concerned.
(2) The percentage of basic mother plants or basic material infested by the pests listed in the table in Part B of Annex I to Directive 2014/98/EU, must not exceed the tolerance levels set out in the relevant column of that table.
(3) But sub-paragraphs (1) and (2) do not apply to basic mother plants or basic material during cryopreservation.
(4) Compliance with sub-paragraphs (1) and (2) is established by visual inspection of the facilities, fields and, where appropriate, lots and, in case of doubts concerning the presence of those pests, by sampling and testing by an inspector and, where appropriate, the supplier.
(5) Visual inspections and sampling and testing must be conducted in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, also in accordance with the appropriate protocol.
Commencement Information
I1Sch. 5 para. 16 in force at 19.6.2017, see reg. 1(1)