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))
16.—[F1(1) A basic mother plant or basic material must be found to be free from any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.
(2) An inspector and, where appropriate the supplier, must sample and test the basic mother plant or basic material—
(a)in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
(b)for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category. ]
(3) But sub-paragraphs (1) and (2) do not apply to basic mother plants or basic material during cryopreservation.
[F2(4) Compliance with sub-paragraph (1) is established by visual inspection 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.
Textual Amendments
F1Sch. 5 para. 16(1)(2) substituted (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 6(7)(g)(i)
F2Sch. 5 para. 16(4) substituted (29.8.2020) by The Marketing of Seed, Plant and Propagating Material (Wales) Regulations 2020 (S.I. 2020/833), regs. 1, 6(7)(g)(ii)
Commencement Information
I1Sch. 5 para. 16 in force at 19.6.2017, see reg. 1(1)