The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 20176
1
The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 201712 are amended as follows.
2
In regulation 2, at the appropriate place insert—
“RNQP” (“PRHG”) means a Union regulated non-quarantine pest within the meaning given by Article 36 of Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests of plants;
3
In regulation 3(1), for the definition of “Directive 2014/98/EU” substitute—
“Directive 2014/98/EU” (“Cyfarwyddeb 2014/98/EU”) means Commission Implementing Directive 2014/98/EU implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections13.
4
After regulation 14 insert—
Suppliers: notification requirements14A
1
A supplier must immediately report to an inspector—
a
plant material that shows the presence of any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU;
b
the presence in the soil of any RNQP listed in Annex 3 to Directive 2014/98/EU;
c
the presence of any RNQP at the production site at a level greater than the tolerance specified for such organism in Annex 4 to Directive 2014/98/EU; or
d
plant material that shows the presence of any pest listed in Annex 2 or 3 to Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and of the Council, as regards protective measures against pests of plants.
2
Where a supplier has reported to an inspector plant material referred to in paragraph (1)(d), the supplier must carry out any measures laid down by the inspector.
5
In regulation 15(1)(g)—
a
in paragraph (i), omit “Part A of”;
b
omit paragraph (ii) and the “and” after it;
c
in paragraph (iii), for “Annex 2, 3 or 4” substitute “Annex 2 or 3”;
d
after paragraph (iii) insert—
iv
any RNQP listed in Annex 3 to Directive 2014/98/EU, where present in the soil; and
v
any RNQP at a level greater than the tolerance specified for that RNQP in Annex 4 to Directive 2014/98/EU.
6
In Schedule 1—
a
in paragraph 1(2), for paragraphs (c) and (d) substitute—
c
complies with health requirements in paragraph 4;
d
complies with requirements concerning defects in paragraph 5; and
e
complies with production site requirements in paragraph 6.
b
in paragraph 2(2), for paragraphs (b) and (c) substitute—
b
complies with health requirements in paragraph 4;
c
complies with requirements concerning defects in paragraph 5; and
d
complies with production site requirements in paragraph 6.
c
in paragraph 4, for sub-paragraphs (1) to (5) substitute—
1
CAC material must be found, on visual inspection by the supplier at the stage of production, to be practically free from the RNQPs listed in Annex 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, unless stated otherwise in Annex 4 to that Directive.
2
The supplier must sample and test the identified source of material or CAC 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
CAC material must be found after production, on visual inspection by the supplier, to be free from signs or symptoms of any RNQP listed in Annex 1 or 2 to Directive 2014/98/EU.
4
Visual inspections and sampling and testing must be conducted in accordance with the requirements specified in Annex 4 to Directive 2014/98/EU in relation to the genus or species concerned, and category.
5
But sub-paragraphs (1) to (3) do not apply to CAC material during cryopreservation.
d
after paragraph 5 insert—
6Requirements concerning production site
CAC material must be produced in accordance with the requirements for the production site, place of production or area set out in Annex 4 to Directive 2014/98/EU and specified in relation to the genus or species concerned.
7
In Schedule 5—
a
in paragraphs 3(2) and 4(2), after paragraph (f) in each case, insert—
g
complies with the production site requirements in paragraph 12A.
b
in paragraphs 5(1)(a) and 6, for “12” substitute “12A”;
c
in paragraph 10—
i
for sub-paragraphs (1) and (2) substitute—
1
A pre-basic mother plant or pre-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 pre-basic mother plant or pre-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.
ii
for sub-paragraph (4) substitute—
4
Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.
d
after paragraph 12 insert—
12ARequirements concerning production site
Pre-basic mother plants and pre-basic material must be produced in accordance with the requirements for the production site, place of production or area set out in Annex 4 to Directive 2014/98/EU and specified in relation to the genus or species concerned.
e
in paragraphs 14(2) and 15(2), for paragraphs (g) and (h) substitute—
g
has been maintained in accordance with paragraph 18;
h
where appropriate, has been multiplied in accordance with paragraph 19; and
i
has been produced in accordance with the production site requirements in paragraph 12A.
f
in paragraph 14(3), for “(h)” substitute “(i)”;
g
in paragraph 16—
i
for sub-paragraphs (1) and (2) substitute—
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.
ii
for sub-paragraph (4) substitute—
4
Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.
h
in paragraph 20—
i
in sub-paragraph (2), for paragraphs (e) and (f) substitute—
e
complies with the health requirements in paragraph 22;
f
is grown in soil that is found by sampling and testing to comply with paragraph 23; and
g
complies with the production site requirements in paragraph 12A.
ii
in sub-paragraph (4), in the words before paragraph (a), for “(f)” substitute “(g)”;
i
in paragraph 22—
i
for sub-paragraphs (1) and (2) substitute—
1
A certified mother plant or certified 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 certified mother plant or certified 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.
ii
in sub-paragraph (4), for the words from “sub-paragraphs (1)” to the end substitute “sub-paragraph (1) by visual inspection”;
j
in paragraph 23(4)(a), at the beginning insert “unless otherwise stated,”.