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—

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,”.