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The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017

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Regulations 2(1) and 3(1)

SCHEDULE 1Genera and Species to which these Regulations apply

Genera and speciesCommon name (for guidance only)
Castanea sativa Mill.Chestnut
Citrus L.Includes grapefruit, lemon, lime, mandarin and orange
Corylus avellana L.Hazelnut
Cydonia oblonga Mill.Quince
Ficus carica L.Common edible fig
Fortunella SwingleKumquat
Fragaria L.Strawberry
Juglans regia L.Walnut
Malus Mill.Apple
Olea europaea L.Olive
Pistacia vera L.Pistachio
Poncirus Raf.Trifoliate orange
Prunus armeniaca L.Apricot
Prunus avium (L.) L.Sweet cherry
Prunus cerasus L.Sour cherry
Prunus domestica L.Plum
Prunus dulcis (Mill.) D A Webb (also known as Prunus amygdalus Batsch)Almond
Prunus persica (L.) BatschPeach and nectarine
Prunus salicina LindleyJapanese plum
Pyrus L.Pears
Ribes L.Blackcurrant, gooseberry, red currant and white currant
Rubus L.Blackberry, raspberry and hybrid berries
Vaccinium L.Blueberry, cranberry and bilberry.

Regulation 2(1) and 15(1)

SCHEDULE 2Certification requirements

PART 1General

Interpretation

1.  In this schedule—

“administrative checks” means administrative checks performed by or on behalf of the Scottish Ministers for the purposes of these Regulations, including but not limited to checking records kept by a supplier pursuant to regulation 17;

“appropriate EPPO protocol” means—

(a)

a protocol published by the European and Mediterranean Plant Protection Organisation in relation to the particular activity (such as, but not limited to, sampling and testing or multiplication, renewal and propagation of mother plants) and the particular genus or species concerned(1);

(b)

where no such protocol as mentioned in sub-paragraph (a) exists, a protocol in relation to the same type of activity as so mentioned, which has international recognition; or

(c)

where neither protocol as mentioned in sub-paragraph (a) or (b) exists, a protocol established by the Scottish Ministers in relation to the same type of activity mentioned in sub-paragraph (a).

“basic mother plant” means a mother plant intended for the production of basic material;

“candidate pre-basic mother plant” means a mother plant which the supplier intends to have accepted as a pre-basic mother plant;

“certified mother plant” means a mother plant intended for the production of certified material;

“cryopreservation” means the maintenance of plant material by cooling to ultra-low temperatures, in order to retain the viability of the material;

“directly propagated” means propagated by renewal, multiplication or micropropagation;

“fruiting plant” means a plant propagated from a mother plant and grown for the production of fruit in order to permit the verification of the varietal identity of the mother plant;

“micropropagation” means the multiplication of plant material in order to produce a large number of plants, using in vitro culture of differentiated vegetative buds or differentiated vegetative meristems taken from a plant;

“mother plant” means a plant identified for propagation;

“multiplication” means vegetative production of mother plants in order to obtain a sufficient number of mother plants in the same category;

“official inspection” means any visual inspection, and, where appropriate, sampling and testing conducted by or on behalf of the Scottish Ministers for the purposes of these Regulations;

“practically free from defects” means that defects likely to impair the quality and usefulness of the propagating material or fruit plants are present at a level equal to, or lower than, the level expected to result from good cultivating and handling practices, and that level is consistent with good cultivating and handling practices;

“pre-basic mother plant” means a mother plant intended for the production of pre-basic material;

“renewal”, in relation to a mother plant, means replacing a mother plant with a plant vegetatively produced from it; and

“visual inspection” means the examination of plants or parts of plants using the unaided eye, lens, stereoscope or microscope and which, in relation to fruiting plants, is conducted during the most appropriate periods of the year (taking into account climatic and growing conditions of the plants of the genera or species concerned).

Provisions on official inspections

2.—(1) An official inspection must pay particular attention to—

(a)the suitability and actual use of methods by the supplier for checking each of the critical points in the production process; and

(b)the overall competence of the supplier’s staff to carry out the activities mentioned in regulations 14, 15 and 16.

(2) The Scottish Ministers must ensure that records of the results and the dates of all field inspections, sampling and testing conducted by, or on behalf of, the Scottish Ministers are produced and kept.

PART 2Pre-basic material

Pre-basic material (other than mother plants and rootstocks not belonging to a variety)

3.  Propagating material, other than mother plants and rootstocks which do not belong to a variety, may be officially certified as pre-basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is directly propagated from a pre-basic mother plant in accordance with paragraph 13 or 14;

(b)the pre-basic mother plant mentioned in sub-paragraph (a)—

(i)is accepted in accordance with paragraph 5;

(ii)has been obtained by multiplication in accordance with paragraph 13; or

(iii)has been obtained by micropropagation in accordance with paragraph 14;

(c)it is true to the description of its variety and this is verified in accordance with paragraph 7;

(d)it is maintained in accordance with the requirements of paragraph 8;

(e)it complies with the requirements concerning health in paragraph 10;

(f)where it has been grown in the field under non-insect proof conditions, in accordance with a derogation granted by the European Commission under Article 8(4) of Commission Implementing Directive 2014/98/EU, the soil in which it has been grown complies with paragraph 11; and

(g)it complies with the requirements concerning defects in paragraph 12.

Rootstocks not belonging to a variety

4.  A rootstock which does not belong to a variety may be certified as pre-basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is directly propagated by vegetative or sexual propagation from a mother plant;

(b)the mother plant mentioned in (a)—

(i)is accepted in accordance with paragraph 6;

(ii)has been obtained by multiplication in accordance with paragraph 13; or

(iii)has been obtained by micropropagation in accordance with paragraph 14;

(c)where it is directly propagated from a mother plant by sexual propagation, the pollinating trees are directly produced by vegetative propagation from a mother plant;

(d)it is true to the description of its species;

(e)it is maintained in accordance with the requirements of paragraph 8;

(f)it complies with the requirements concerning health in paragraph 10;

(g)where it has been grown in the field under non-insect proof conditions, in accordance with a derogation granted by the European Commission under Article 8(4) of Commission Implementing Directive 2014/98/EU, the soil in which it has been grown complies with paragraph 11; and

(h)it complies with the requirements concerning defects in paragraph 12.

Acceptance of plants as pre-basic mother plants

5.—(1) Subject to sub-paragraph (4) the Scottish Ministers may accept a plant as a pre-basic mother plant if it has been found on official inspection and, where appropriate, through administrative checks, that—

(a)there has been compliance with paragraphs 8 to 12; and

(b)its trueness to the description of its variety is—

(i)established in accordance with sub-paragraphs (2) and (3); and

(ii)verified in accordance with paragraph 7.

(2) The trueness of the pre-basic mother plant to the description of its variety must be established by observation of the expression of the characteristics of the variety and such observation must be based on one of the following descriptions:—

(a)the official description of the variety;

(b)the description accompanying the application to be a registered variety;

(c)the description accompanying the application for the grant of plant variety rights; or

(d)the officially recognised description, if the variety in question is a registered variety.

(3) Where the establishment of the trueness to the description of the variety is only possible on the basis of the characteristics of a fruiting plant—

(a)the observation of the expression of the characteristics of the variety must be carried out on the fruits of a fruiting plant propagated from the pre-basic mother plant; and

(b)the fruiting plant mentioned in head (a) must be kept separate from the pre-basic mother plant and pre-basic material.

(4) If the observation mentioned in sub-paragraph (2) is based on a description mentioned in either head (b) or (c) of sub-paragraph (2), the pre-basic mother plant may only be accepted—

(a)following production of a report from the responsible official body in the European Union or by an equivalent official body in a third country which proves that the variety in question is distinct, uniform and stable; and

(b)pending registration of the variety, the pre-basic mother plant and any material produced from it may only be used for the production of basic or certified material and may not be marketed as pre-basic, basic or certified material.

Acceptance of rootstocks not belonging to a variety as a pre-basic mother plant

6.  The Scottish Ministers may accept a rootstock which does not belong to a variety as a pre-basic mother plant if it has been found on official inspection, and, where appropriate, through administrative checks, that—

(a)it is true to the description of its species; and

(b)there has been compliance with paragraphs 8 to 12.

Verification of trueness to the description of variety

7.—(1) The trueness of pre-basic mother plants and pre-basic material to the description of their variety must be regularly verified by the Scottish Ministers and, where appropriate, by the supplier, in accordance with the requirements of paragraph 5(2) and (3) and in a manner appropriate to the variety concerned and the propagation method used.

(2) In addition to the regular verification mentioned in sub-paragraph (1), the Scottish Ministers and, where appropriate, the supplier must verify the trueness of pre-basic mother plants resulting from any renewal of the pre-basic mother plants or pre-basic material.

Maintenance of pre-basic mother plants and pre-basic material

8.—(1) Subject to sub-paragraph (6), candidate pre-basic mother plants, pre-basic mother plants and pre-basic material must be maintained by the supplier in facilities designated for the genera and species concerned and which are insect proof and ensure freedom from infection through aerial vectors and any other possible sources throughout the production process.

(2) Subject to sub-paragraph (6), candidate pre-basic mother plants must be kept physically isolated from pre-basic mother plants until it is established that they are free from the pests described in paragraph 9(1) and (2).

(3) Pre-basic mother plants and pre-basic material must be—

(a)subject to sub-paragraph (6), grown or produced and isolated from the soil, in pots of soil-free or of sterilised growing media;

(b)identified by labels to ensure their traceability; and

(c)subject to sub-paragraph (6), maintained in a manner which ensures that they are individually identified throughout the production process.

(4) Pre-basic mother plants and pre-basic material may be maintained by cryopreservation.

(5) Pre-basic mother plants may only be used for a period as calculated in accordance with the appropriate EPPO protocol on the basis of—

(a)the stability of the variety;

(b)the environmental conditions under which they are grown; and

(c)any other determinants having an impact on the stability of the variety.

(6) Where a derogation has been granted by the European Commission under Article 8(4) of Commission Implementing Directive 2014/98/EU in relation to the particular genus or species concerned, pre-basic mother plants and pre-basic material may be produced in the field under non-insect proof conditions provided that—

(a)the pre-basic mother plants or pre-basic material concerned are identified by a label ensuring their traceability; and

(b)appropriate measures are taken to prevent infection of the plants by any possible sources, including by—

(i)aerial vectors;

(ii)root contact; and

(iii)cross infection by machinery and grafting tools.

Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal

9.—(1) A candidate pre-basic mother plant must be found free, on the basis of visual inspection of the facilities and fields, from the pests listed in Tables IA and IB of schedule 6, in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the candidate pre-basic mother plant concerned.

(2) Subject to sub-paragraph (3), a candidate pre-basic mother plant must be found free, on the basis of visual inspection and by sampling and testing, from the pests listed in Table II in schedule 6, in relation to the particular genus or species concerned.

(3) Where a candidate pre-basic mother plant is a seedling, visual inspection, sampling and testing is only required in relation to viruses, viroids or virus-like diseases transmitted by pollen which are listed in Table II of schedule 6 in relation to the particular genus or species concerned, provided that an official inspection has confirmed that the seedling—

(a)was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids or virus-like diseases; and

(b)it has been maintained in accordance with paragraph 8(1) and 8(3)(a) and (b).

(4) A pre-basic mother plant produced by renewal must be found free—

(a)on the basis of visual inspection of the facilities and fields from the pests listed in Tables IA and IB in schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of such pests, there must be sampling and testing of the relevant pre-basic mother plant; and

(b)on the basis of visual inspection of the facilities, fields and lots and by sampling and testing in relation to the viruses and viroids listed in Table II of schedule 6.

(5) In this paragraph, a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)at the most appropriate time of the year, taking into account the climatic conditions, the growing conditions of the plant and the biology of the pests relevant to that plant;

(b)at any time of the year in the event of doubts concerning the presence of a relevant pest in accordance with the appropriate EPPO protocol;

(c)through submission of samples to laboratories approved by the Scottish Ministers for the purposes of such sampling and testing; and

(d)in the case of candidate pre-basic mother plants which are being tested for viruses, viroids, virus-like diseases and phytoplasms, using the testing method of biological indexing on indicator plants or such other testing method as the Scottish Ministers may authorise, having regard to peer reviewed scientific evidence showing that the other testing method is as reliable as biological indexing on indicator plants.

Health requirements for pre-basic mother plants and for pre-basic material

10.—(1) Subject to sub-paragraph (2), a pre-basic mother plant or pre-basic material must be found free, on the basis of visual inspection of the facilities, fields and lots, of the pests listed in Table IA and Table II of schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the relevant pre-basic mother plant or pre-basic material.

(2) The visual inspections mentioned in sub-paragraph (1) may not be conducted during cryopreservation.

(3) The percentage of pre-basic mother plants or pre-basic material which is found, on visual inspection of the facilities, fields and lots, to be infested by the pests listed in column 1 of Table IB of schedule 6, must not exceed the tolerance level set out in respect of those pests in column 2(a) of that Table (pre-basic category) and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the relevant pre-basic mother plant or pre-basic material.

(4) In relation to the genera and species listed in column 1 of the Table of schedule 7, the visual inspection and sampling and testing of pre-basic mother plants and pre-basic material within those genera and species must be carried out in accordance with the requirements set out for the pre-basic category in columns 3 (frequency of visual inspections) and 4 (sampling and testing) of that Table.

(5) Without prejudice to sub-paragraph (3), in this paragraph, a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)through submission of samples to laboratories approved by the Scottish Ministers for the purposes of such sampling and testing.

Soil requirements

11.—(1) Subject to sub-paragraphs (2) and (3), pre-basic mother plants and pre-basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in Table III of schedule 6 for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a)there have been no plants which are hosts for any of the pests listed in Table III of schedule 6 grown in the relevant soil for a period of at least 5 years prior to the planting of the pre-basic mother plants and pre-basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b)an official inspection is carried out which concludes that the soil is free from any of the pests listed in Table III of schedule 6 for the genus or species concerned and which may host viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the pre-basic mother plant or pre-basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests listed in Table III of schedule 6.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)taking into account the climatic conditions and the biology of the pests listed in Table III of schedule 6 and their relevance to the pre-basic mother plants or pre-basic material concerned.

Defects

12.—(1) Pre-basic mother plants and pre-basic material must be found, on visual inspection, to be practically free from defects.

(2) Injuries, discoloration, scar tissues or dessication must be considered as defects if they affect the quality and usefulness of a mother plant or plant material as propagating material.

Requirements concerning multiplication, renewal and propagation of pre-basic mother plants

13.—(1) Subject to sub-paragraph (4), a supplier may multiply a pre-basic mother plant which has been accepted under paragraph 5.

(2) Subject to sub-paragraph (4), the supplier may renew a pre-basic mother plant which—

(a)has been accepted under paragraph 5; and

(b)during the period described in paragraph 8(5).

(3) Subject to sub-paragraph (4), the supplier may propagate a pre-basic mother plant which has been accepted under paragraph 5 to produce pre-basic material.

(4) The multiplication, renewal and propagation described in sub-paragraphs (1) to (3) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants

14.  A supplier may multiply, renew or propagate a pre-basic mother plant which has been accepted under paragraph 5 by micropropagation for the purpose of producing other pre-basic mother plants or pre-basic material, provided that—

(a)the multiplication, renewal or propagation by micropropagation is carried out in accordance with the appropriate EPPO protocol; and

(b)the appropriate EPPO protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

PART 3Basic material

Requirements for the certification of basic material

15.—(1) Propagating material other than basic mother plants or rootstocks which do not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it has been propagated from a basic mother plant;

(b)the basic mother plant mentioned in head (a)—

(i)has been grown from pre-basic material; or

(ii)has been produced by multiplication from a basic mother plant, in accordance with paragraph 20;

(c)it complies with the requirements in paragraphs 7, 8(5) and 12;

(d)it complies with the requirements in paragraph 8(3)(c);

(e)it complies with the requirements in paragraph 17;

(f)it complies with the requirements in paragraph 18;

(g)it is maintained in accordance with paragraph 19; and

(h)there has been compliance with the requirements concerning multiplication and multiplication by micropropagation in paragraph 20.

(2) For the purposes of sub-paragraph (1)(c) references in paragraphs 7, 8(5) and 12 to—

(a)pre-basic mother plants may be construed as references to basic mother plants; and

(b)pre-basic material may be construed as references to basic material.

Rootstocks not belonging to a variety

16.—(1) A rootstock which does not belong to a variety may be officially certified as basic material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is true to the description of its species;

(b)it complies with the requirements in—

(i)paragraph 8(3)(c);

(ii)paragraph 8(5);

(iii)paragraph 12;

(iv)paragraph 17;

(v)paragraph 18;

(vi)paragraph 19; and

(vii)paragraph 20.

(2) For the purposes of sub-paragraph (1)(b)(i), (ii) and (iii), references in paragraphs 8(3)(c) and (5) and 12 to—

(a)pre-basic mother plants, may be construed as references to basic mother plants; and

(b)pre-basic material, may be construed as references to basic material.

Health requirements for basic mother plants and basic material

17.—(1) Subject to sub-paragraph (2), a basic mother plant or basic material must be found free, on the basis of visual inspections of the facilities, fields and lots, of the pests listed in Table IA and Table II in schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the basic mother plant or basic material.

(2) The visual inspections mentioned in sub-paragraph (1) may not be conducted during cryopreservation.

(3) The percentage of basic mother plants or basic material which is found, on visual inspection of the facilities, fields and lots, to be infested by the pests listed in column 1 of Table IB in schedule 6, must not exceed the tolerance level set out in respect of those pests in column 2(b) of that Table (basic category) and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the relevant basic mother plant or basic material.

(4) In relation to the genera and species listed in column 1 of the Table in schedule 7 the visual inspection and sampling and testing of basic mother plants and basic material within those genera and species must be carried out in accordance with the requirements set out for the basic category in columns 3 (visual inspections) and 4 (sampling and testing) of that Table.

(5) Without prejudice to sub-paragraph (3), in this paragraph a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)through submission of samples to laboratories officially accepted by the Scottish Ministers for the purposes of such sampling and testing.

Soil requirements

18.—(1) Subject to sub-paragraphs (2) and (3), basic mother plants and basic material must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such plants and material, to be free from any pest listed in Table III in schedule 6 for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a)there have been no plants which are hosts for the pests listed in Table III in schedule 6 grown in the relevant soil for a period of at least 5 years prior to the planting of the basic mother plants and basic material mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b)an official inspection is carried out which concludes that the soil is free from any of the pests listed in Table III in schedule 6 for the genus or species concerned and which is host to viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the basic mother plant or basic material mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)taking into account the climatic conditions and the biology of the pests listed in Table III in schedule 6 and their relevance to the basic mother plants or basic material concerned.

Requirements concerning the maintenance of basic mother plants and basic material

19.—(1) Basic mother plants and basic material must be maintained in fields isolated from potential sources of infection by aerial vectors, root contact, cross infection by machinery or grafting tools and from any other possible sources.

(2) An inspector may determine the distance at which the fields mentioned in sub-paragraph (1) must be isolated from potential sources of infection as mentioned in sub-paragraph (1), having regard to regional circumstances, the type of propagating material, the presence of pests in the area concerned and the relevant risks which are involved.

(3) Basic mother plants and basic material must be maintained in a manner that ensures that they are individually identified throughout the production process.

Conditions for multiplication and multiplication by micropropagation of basic mother plants

20.—(1) Subject to sub-paragraphs (2) to (5), a basic mother plant mentioned in paragraph 15(1)(b)(i) may be multiplied or multiplied by micropropagation in order to produce the necessary number of basic mother plants.

(2) The multiplication or multiplication by micropropagation mentioned in sub-paragraph (1) must be carried out in accordance with the appropriate EPPO protocol, provided that such protocol has been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

(3) In relation to the multiplication, or multiplication by micropropagation, of a basic mother plant of a particular genus or species listed in column 1 of the Table in sub-paragraph (5), the basic mother plant—

(a)may be multiplied for the maximum number of generations prescribed for that genus or species in the corresponding entry in column 2 of that Table; and

(b)may not be maintained as a basic mother plant beyond any period which may be prescribed in the corresponding entry in column 3 of that Table.

(4) Where rootstocks are part of the basic mother plant, the rootstock must be basic material of the first generation.

(5) Where, in respect of a particular genus or species listed in column 1 of the Table in this sub-paragraph, multiple generations of basic mother plants are prescribed in column 2 of that Table, each generation of basic mother plant, other than the first one, may derive from any previous generation.

Table of maximum permitted number of generations in the field under non-insect proof conditions and maximum permitted life span of basic mother plants per genera or species.

Column 1

Genera or species

Column 2

Maximum number of generations

Column 3

Maximum permitted life span

Castanea sativa Mill.

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Citrus L,. Fortunella Swingle and Poncirus Raf.

1 generation; or

if the basic mother plant is a rootstock, 3 generations

Corylus avellana L.2 generations

Cydonia oblonga Mill.,

Malus Mill. and

Pyrus L.

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Ficus carica L.2 generations
Fragaria L.5 generations
Juglans regia L.2 generations
Olea europaea L.1 generation

Prunus amygdalus,

P. armeniaca,

P. domestica,

P. persica and

P. salicina

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Prunus avium and

P. cerasus

2 generations; or

if the basic mother plant is a rootstock, 3 generations

Ribes L.3 generations6 years
Rubus L.2 generations4 years
Vaccinium L.2 generations

PART 4Certified material

Requirements for certification as certified material

21.—(1) Propagating material other than mother plants or a fruit plant may be officially certified as certified material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it has been propagated from a certified mother plant;

(b)the certified mother plant mentioned in head (a) has been grown from pre-basic material or basic material;

(c)the certified mother plant mentioned in head (a) complies with the requirements in paragraph 24;

(d)it complies with the requirements in—

(i)paragraph 7;

(ii)paragraph 8(5); and

(iii)paragraph 12;

(e)it complies with the requirements in paragraph 23; and

(f)it complies with the requirements in paragraph 24.

(2) For the purposes of sub-paragraph (1)(d), references in paragraphs 7, 8(5) and 12 to—

(a)pre-basic mother plants, may be construed as references to certified mother plants; and

(b)pre-basic material, may be construed as references to certified material.

Rootstocks not belonging to a variety

22.—(1) A rootstock which does not belong to a variety may be officially certified as certified material if it has been found on official inspection and, where appropriate, through administrative checks, to fulfil the following requirements:—

(a)it is true to the description of its species;

(b)it complies with the requirements in—

(i)paragraph 8(5); and

(ii)paragraph 12; and

(c)it complies with the requirements in paragraphs 23 and 24.

(2) For the purposes of sub-paragraph (1)(b), references in paragraphs 8(5) and 12 to—

(a)pre-basic mother plants, may be construed as references to certified mother plants; and

(b)pre-basic material may, be construed as references to certified material.

Health requirements for certified mother plants and certified material

23.—(1) Subject to sub-paragraph (2), a certified mother plant or certified material must be found free, on the basis of visual inspections of the facilities, fields and lots, of the pests listed in Table IA and Table II in schedule 6 in relation to the particular genus or species concerned and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the certified mother plant or certified material.

(2) The visual inspections mentioned in sub-paragraph (1) may not be conducted during cryopreservation.

(3) The percentage of certified mother plants or certified material which is found, on visual inspection of the facilities, fields and lots, to be infested by the pests listed in column 1 of Table IB in schedule 6, must not exceed the tolerance level set out in respect of those pests in column 2(c) of that Table (certified category) and, if there are doubts concerning the presence of those pests, there must be sampling and testing of the relevant certified mother plant or certified material.

(4) In relation to the genera and species listed in column 1 of the Table in schedule 7, the visual inspection and sampling and testing of certified mother plants and certified material within those genera and species must be carried out in accordance with the requirements set out for the certified category in columns 3 (visual inspections) and 4 (sampling and testing) of that Table.

(5) Without prejudice to sub-paragraph (3), in this paragraph a reference to “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)through submission of samples to laboratories officially accepted by the Scottish Ministers for the purposes of such sampling and testing.

Soil requirements

24.—(1) Subject to sub-paragraphs (2) and (3), certified mother plants must only be grown in soil which is found, on the basis of sampling and testing carried out prior to the planting of such mother plants, to be free from any pest listed in Table III in schedule 6 for the genus or species concerned and which may host viruses affecting that genus or species.

(2) Sampling and testing is not required under sub-paragraph (1) if—

(a)there have been no plants which are hosts for any of the pests listed in Table III in schedule 6 grown in the relevant soil for a period of at least 5 years prior to the planting of the certified mother plants mentioned in sub-paragraph (1) and where there is no doubt concerning the absence of the relevant pests in the soil; or

(b)an official inspection is carried out which concludes that the soil is free from any of the pests listed in Table III in schedule 6 for the genus or species concerned and which is host to viruses affecting that genus or species.

(3) Sampling and testing of the soil must be carried out during the growing period of the certified mother plant mentioned in sub-paragraph (1) where there is suspicion concerning the presence of the pests mentioned in that sub-paragraph.

(4) In this paragraph, “sampling and testing” means sampling and testing carried out by or on behalf of the Scottish Ministers and, where appropriate, by the supplier—

(a)in accordance with the appropriate EPPO protocol; and

(b)taking into account the climatic conditions and the biology of the pests listed in Table III in schedule 6 and their relevance to the certified mother plants concerned.

Regulation 2(1)

SCHEDULE 3CAC material

Conditions for CAC material other than rootstocks not belonging to a variety

1.—(1) CAC material other than rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a)it is propagated from an identified source of material recorded by the supplier;

(b)its trueness to the description of its variety is established and verified in accordance with paragraph 3;

(c)it is found by the supplier on visual inspection, or where there is doubt, by sampling and testing, to be substantially free from the pests listed in Tables IA, IB and II in schedule 6;

(d)in the case of CAC material belonging to the species Citrus L., Fortunella Swingle, or Poncirus Raf—

(i)it is produced from an identified source of material that has been found to be free, on sampling and testing, from the pests listed in Table II in schedule 6 for those species;

(ii)since the beginning of the last cycle of vegetation, it is found on visual inspection, sampling and testing, to be substantially free from the pests listed in Table II in schedule 6, as regards the species concerned; and

(e)on visual inspection, it is found to be practically free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

(2) The visual inspections mentioned in sub-paragraph (1)(c) may not be conducted during cryopreservation.

CAC material: rootstocks not belonging to a variety

2.—(1) CAC material consisting of rootstocks not belonging to a variety may only be marketed if it fulfils the following conditions—

(a)it is true to the description of its species;

(b)it is found by the supplier on visual inspection, or where there is doubt, by sampling and testing, to be substantially free from the pests listed in Tables IA, IB and II in schedule 6; and

(c)on visual inspection, it is found to be substantially free from defects including injuries, discolouration, scar tissue or dessication that affect the quality and usefulness of the plant as propagating material.

(2) The visual inspections mentioned in sub-paragraph (1)(b) may not be conducted during cryopreservation.

CAC material: trueness to the description of the variety

3.—(1) A supplier must establish and regularly verify the trueness of CAC material to the description of its variety in accordance with this paragraph.

(2) The trueness of certified material to the description of its variety must be established and verified by observation of the expression of the characteristics of the variety based on one of the following descriptions—

(a)its official description;

(b)the description accompanying the application to be a registered variety;

(c)the description accompanying the application for a grant of plant variety rights; or

(d)where the variety is registered with an officially recognised description, or subject to an application for registration with an officially recognised description, that description.

Regulations 2(1) and 7(3)

SCHEDULE 4Registration of varieties

Interpretation

1.  In this schedule—

“CPVO” means the Community Plant Variety Office, being an agency of the European Union(2);

“CPVO protocols” means protocols produced by the CPVO for distinctness, uniformity and stability tests in relation to the relevant species that are available at the beginning of the growing trial(3);

“distinctness” (and “distinct”) in relation to a variety, is to be construed in accordance with paragraph 9;

“the register” means the register of varieties maintained by the Scottish Ministers under paragraph 2;

“stability” (and “stable”) in relation to a variety, is to be construed in accordance with paragraph 11;

“technical questionnaire” means the technical questionnaire set out in—

(a)

any CPVO protocols published in relation to the relevant species; or

(b)

where no such CPVO protocols have been published as mentioned in sub-paragraph (a), any UPOV guidelines published in relation to the relevant species; or

(c)

where no such protocols as mentioned in sub-paragraph (a) or guidelines as mentioned in sub-paragraph (b) have been published, a protocol or guidelines established by or on behalf of the Scottish Ministers in relation to the same matters;

“uniformity” (and “uniform”) in relation to a variety, is to be construed in accordance with paragraph 10;

“UPOV” means the International Union for the Protection of New Varieties of Plants, being an intergovernmental organisation established by the International Convention for the Protection of New Varieties of Plants(4); and

“UPOV guidelines” mean test guidelines for the conduct of tests for distinctness, uniformity and stability that have been produced for the relevant species by the UPOV and which are applicable at the beginning of the growing trial(5).

Register of varieties

2.—(1) The Scottish Ministers must maintain a register of varieties.

(2) The register must include—

(a)the denomination of the variety and any synonyms;

(b)the species to which the variety belongs;

(c)the date of registration of the variety or, where applicable, the date of renewal of the registration; and

(d)the date of the expiry of the validity of the registration.

(3) The register must state whether a variety has an official description or an officially recognised description.

(4) In relation to each variety registered, the Scottish Ministers must also keep a file containing a description of the variety and a summary of the facts relevant to its registration.

Registration

3.—(1) The Scottish Ministers must register a variety with an official description if they are satisfied that—

(a)the variety is distinct, uniform and stable;

(b)a sample of the variety is available; and

(c)in relation to genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2) Before being satisfied in accordance with sub-paragraph (1)(a) that a variety is distinct, uniform and stable, the Scottish Ministers must take into account the results of growing trials in accordance with paragraph 5, carried out in respect of the variety by or on behalf of—

(a)the Scottish Ministers; or

(b)a responsible authority in any other member State.

(3) The Scottish Ministers may register a variety that has been marketed within the European Union prior to 30th September 2012 with an officially recognised description.

Application for registration with an official description

4.—(1) An application for registration of a variety with an official description must be made in writing to the Scottish Ministers in such form as the Scottish Ministers may require.

(2) An application must be accompanied by—

(a)the information required in a technical questionnaire at the time of the application or, where no technical questionnaire is available in relation to the relevant species, such information as the Scottish Ministers may require;

(b)information on whether the variety is officially registered in another member State, or is the subject of an application for such a registration;

(c)a proposed denomination;

(d)in the case of a genetically modified variety, evidence that the genetically modified organism contained in that variety has been authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003; and

(e)such other information as the Scottish Ministers may require.

(3) Where applicable, an application may be accompanied by details of an official description established by a responsible authority in another member State.

(4) Where applicable, an application may also be accompanied by a statement of any other relevant information.

(5) Where a growing trial is required, a sample of the material of the variety must be submitted on request.

Growing trials

5.—(1) Growing trials must—

(a)establish whether a variety is distinct, uniform and stable;

(b)in relation to trial design, growing conditions and characteristics of the variety to be covered, be conducted in accordance with—

(i)CPVO protocols;

(ii)if no CVPO protocols have been published for the relevant species, any UPOV guidelines; or

(iii)if no CPVO protocols or UPOV guidelines have been published, any applicable protocols produced by, or on behalf of, the Scottish Ministers.

(2) Growing trials are not required if the Scottish Ministers are satisfied that an official description submitted in accordance with paragraph 4(3), or information submitted along with the official description, demonstrates that the variety is distinct, uniform and stable.

Duration and renewal of acceptance

6.—(1) The registration of a variety with an official description or, as the case may be, the renewal of such a registration, is valid—

(a)for the period up to the end of the 30th calendar year from the date of registration or renewal; or

(b)in the case of genetically modified varieties, for the shorter of either—

(i)the period up to the end of the 30th calendar year from the date of registration or renewal; or

(ii)the period during which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2) The Scottish Ministers may—

(a)renew registration in accordance with sub-paragraph (3) or (4); or

(b)revoke registration in accordance with paragraph 7.

(3) The Scottish Ministers may, following an application made in writing to them, renew the registration of a variety with an official description for a period described in sub-paragraph (1), provided that—

(a)the requirements of distinctness, uniformity and stability are still satisfied in respect of the variety; and

(b)there is still material of that variety available on the market.

(4) The Scottish Ministers may renew the registration in the absence of a written application where they are satisfied that renewal serves to preserve genetic diversity and sustainable production and the conditions mentioned in sub-paragraph (3) are met.

Removal from register

7.—(1) Subject to sub-paragraph (2), the Scottish Ministers must revoke the registration of a variety if—

(a)it is no longer distinct, uniform and stable;

(b)there is no longer available any material of that variety that is sufficiently uniform or which corresponds to the description of the variety at the time of registration;

(c)false or misleading information material to registration was provided to the Scottish Ministers in connection with the application for registration;

(d)in the case of any genetically modified variety, the genetically modified organism contained in that variety ceases to be authorised pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2) But heads (a) to (c) of sub-paragraph (1) do not apply if the Scottish Ministers are satisfied that the variety should remain on the register in the interests of preserving the genetic diversity of varieties.

Additional requirements for products to be used as genetically modified food or feed

8.—(1) This paragraph applies to any variety from which products are derived for use as, or in—

(a)food within the scope of Article 3 of Regulation (EC) No 1829/2003; or

(b)feed within the scope of Article 15 of that Regulation.

(2) Before registering any such variety, the Scottish Ministers must be satisfied that the food or feed has been authorised pursuant to Regulation (EC) No 1829/2003.

Distinctness

9.  A variety is distinct if it is clearly distinguishable by one or more characteristics that result from a particular genotype or combination of genotypes, from any other variety whose existence is a matter of common knowledge at the time of the application for registration.

Uniformity

10.  A variety is uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description.

Stability

11.  A variety is stable if the expression of those characteristics which are included in the examination for distinctness, as well as any others used for the variety description, remain unchanged after repeated propagation or, in the case of micropropagation, at the end of each such cycle.

Regulations 2(1), 5(1)(g), 8 and 9

SCHEDULE 5Official labels, supplier’s documents and accompanying documents

PART 1Official labels

1.  An official label used in relation to pre-basic material must, if a coloured label is used, be white with a diagonal violet stripe.

2.  An official label used in relation to basic material must be white.

3.  An official label used in relation to certified material must, if a coloured label is used, be blue.

4.  An official label must—

(a)contain the statement “EU rules and standards”; and

(b)state the following particulars:—

(i)the name of the responsible official body and member State or their distinguishing abbreviations;

(ii)the name of the supplier or their registration number;

(iii)the reference number of the package, container or bundle, the individual serial number, the week number or the batch number;

(iv)the botanical name of the plant material;

(v)the category of the plant material and, for basic material, the generation number;

(vi)the denomination of the variety and, where appropriate, the clone.

(vii)in the case of rootstocks not belonging to a variety, the name of the species or the interspecific hybrid concerned;

(viii)in the case of grafted fruit plants, the information in heads (vi) (in relation to the top-graft) and (vii) (in relation to the rootstock);

(ix)for varieties in respect of which an application to be a registered variety or for the grant of a plant variety right is pending, any information given in relation to heads (vi) to (viii) must be pre-fixed with the words “proposed denomination” and “application pending”;

(x)where appropriate, the words “variety with an officially recognised description”;

(xi)the quantity of plant material;

(xii)where different from the member State of labelling, the country of production and its respective code or abbreviation;

(xiii)the year of issue, or in the case of a replacement label, the year of issue of the original label;

(xiv)in the case of a genetically modified variety—

(aa)a statement that the variety has been genetically modified; and

(bb)a list of the genetically modified organisms.

5.  The information and particulars required on an official label must be indelibly printed in one of the official languages of the European Union and must be easily visible and legible.

PART 2Supplier’s documents for CAC material

6.  A supplier’s document for CAC material must—

(a)contain the statement “EU rules and Standards”; and

(b)state the following particulars:—

(i)the name of the responsible official body and member State where the supplier’s document was prepared or their distinguishing abbreviations;

(ii)the registration number of the supplier;

(iii)the individual serial, week number or batch number;

(iv)the botanical name of the plant material;

(v)CAC material;

(vi)the denomination of the variety or, in the case of rootstock, the denomination of the variety of its designation;

(vii)the quantity;

(viii)the country of production and its distinguishing abbreviations where different from the member State in which the supplier’s document was prepared; and

(ix)the date of issue.

7.  The information and particulars required in a supplier’s document must be indelibly printed in one of the official languages of the European Union and must be easily visible and legible.

PART 3Accompanying documents

8.  An accompanying document must—

(a)contain the information listed in paragraph 4;

(b)be written in one of the official languages of the European Union;

(c)be delivered at least in duplicate (supplier and recipient);

(d)accompany the material from the place of the supplier to the place of the recipient;

(e)include the name and address of the recipient;

(f)include the date of issue of the document; and

(g)include, where appropriate, additional information relevant to the lots concerned.

Regulation 15(4); regulation 17(2);schedule 2, paragraphs 9, 10(1) and (3),11, 17 (1) and (3), 18, 23(1) and (3), 24; and schedule 3, paragraphs 1(1) and 2(1)

SCHEDULE 6Pests

TABLE IA

PESTS FROM WHICH FREEDOM (OR PRACTICAL FREEDOM) IS REQUIRED.

Column 1

Genus or Species

Column 2

Pests

Castanea sativa Mill.Fungi

Mycosphaerella maculiformis

Phytophthora cambivora

Phytophthora cinnamomi

Virus like disease
Chestnut mosaic virus (ChMV)
Citrus L., Fortunella Swingle, Poncirus Raf.Insects

Aleurotrixus floccosus

Parabemisia myricae

Nematodes

Pratylenchus vulnus

Tylenchus semi-penetrans

Fungi

Phytophthora citrophtora

Phytophthora parasitica

Corylus avellana L.

Mites

Phytoptus avellanae

Fungi

Armillariella mellea

Verticillium dahliae

Verticillium albo-atrum

Bacteria

Xanthomonas arboricola pv. corylina

Pseudomonas avellanae

Cydonia oblonga Mill., Malus Mill. and Pyrus L.

Insects

Eriosoma lanigerum

Psylla spp.

Nematodes

Meloidogyne hapla

Meloidogyne javanica

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Armillariella mellea

Chondrostereum purpureum

Glomerella cingulata

Pezicula alba

Pezicula malicorticis

Nectria galligena

Phytophthora cactorum

Roessleria pallida

Verticillium dahliae

Verticillium albo-atrum

Bacteria

Agrobacterium tumefaciens

Pseudomonas syringae pv. syringae

Viruses

Other than those listed in Table II

Ficus carica L.

Insects

Ceroplastes rusci

Nematodes

Heterodera fici

Meloidogyne arenaria

Meloidogyne incognita

Meloidogyne javanica

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Armillaria mellea

Bacteria

Phytomonas fici

Virus-like diseases

Fig mosaic disease

Juglans regia L.

Insects

Epidiaspis leperii

Pseudaulacaspis pentagona

Quadraspidiotus perniciosus

Fungi

Armillariella mellea

Nectria galligena

Chondrostereum purpureum

Phytophthora cactorum

Bacteria

Agrobacterium tumefaciens

Xanthomonas arboricola pv. Juglandi

Olea europaea L.

Nematodes

Meloidogyne arenaria

Meloidogyne incognita

Meloidogyne javanica

Pratylenchus vulnus

Bacteria

Pseudomonas savastanoi pv. savastanoi

Virus-like diseases

Leaf yellowing complex disease 3

Pistacia vera L.

Nematodes

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Phytophthora cryptogea

Phytophthora cambivora

Rosellinia necatrix

Verticillium dahliae

Prunus amygdalus, P. armeniaca, P. domestica, P. persica and P. salicina

Insects

Pseudaulacaspis pentagona

Quadraspidiotus perniciosus

Nematodes

Meloidogyne arenaria

Meloidogyne javanica

Meloidogyne incognita

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Phytophthora cactorum

Verticillium dahliae

Bacteria

Agrobacterium tumefaciens

Pseudomonas syringae pv. morsprunorum

Pseudomonas syringae pv. syringae (on P. armeniaca)

Pseudomonas viridiflava (on P. armeniaca)

Prunus avium, P. cerasus

Insects

Quadraspidiotus perniciosus

Nematodes

Meloidogyne arenaria

Meloidogyne javanica

Meloidogyne incognita

Pratylenchus penetrans

Pratylenchus vulnus

Fungi

Phytophthora cactorum

Bacteria

Agrobacterium tumefaciens

Pseudomonas syringae pv. morsprunorum

Ribes L.

Insects and mites

Dasyneura tetensi

Ditylenchus dipsaci

Pseudaulacaspis pentagona

Quadraspidiotus perniciosus

Tetranycus urticae

Cecidophyopsis ribis

Fungi

Sphaerotheca mors-uvae

Microsphaera grossulariae

Diaporthe strumella (Phomopsis ribicola)

Rubus L.

Fungi

Peronospora rubi

TABLE IB

PESTS FROM WHICH FREEDOM (OR PRACTICAL FREEDOM) IS REQUIRED OR WHICH MAY ONLY BE PRESENT TO THE TOLERANCE PRESCRIBED.

Column 1

Pests per genus or species

Column 2

Tolerance levels (%)

a) Pre-basicb) Basicc) Certified
Fragaria L.
Insects and mites
Chaetosiphon fragaefoliae00.51
Phytonemus pallidus000.1
Nematodes
Aphelenchoides fragariae001
Ditylenchus dipsaci00.51
Meloidogyne hapla00.51
Pratylenchus vulnus011

TABLE II

PESTS FOR THE PRESENCE OF WHICH VISUAL INSPECTION AND, IN PARTICULAR CASES, SAMPLING AND TESTING IS REQUIRED.

Column 1

Genus or species

Column 2

Pests

Citrus L., Fortunella Swingle and Poncirus Raf.

Viruses

Citrus variegation virus (CVV)

Citrus psorosis virus (CPsV)

Citrus leaf Blotch virus (CLBV)

Virus-like diseases

Impietratura

Cristacortis

Viroids

Citrus exocortis viroid (CEVd)

Hop stunt viroid (HSVd) Cachexia variant

Corylus avellana L.

Viruses

Apple mosaic virus (ApMV)

Phytoplasmas

Hazelnut maculatura lineare phytoplasma

Cydonia oblonga Mill. and Pyrus L.

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple stem-grooving virus (ASGV)

Apple stem-pitting virus (ASPV)

Virus-like diseases

Bark split, bark necrosis

Rough bark

Rubbery wood, quince yellow blotch

Viroids

Pear blister canker viroid (PBCVd)

Fragaria L.

Nematodes

Aphelenchoides blastoforus

Aphelenchoides fragariae

Aphelenchoides ritzemabosi

Ditylenchus dipsaci

Fungi

Phytophthora cactorum

Colletotrichum acutatum

Viruses

Strawberry mottle virus (SMoV)

Juglans regia L.

Viruses

Cherry leaf roll virus (CLRV)

Malus Mill.

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple mosaic virus (ApMV)

Apple stem-grooving virus (ASGV)

Apple stem-pitting virus (ASPV)

Virus-like diseases

Rubbery wood, flat limb

Horseshoe wound

Fruit disorders: chat fruit, green crinkle, bumpy fruit of Ben Davis, rough skin, star crack, russet ring, russet wart

Viroids

Apple scar skin viroid (ASSVd)

Apple dimple fruit viroid (ADFVd)

Olea europaea L.

Fungi

Verticillium dahliae

Viruses

Arabis mosaic virus (ArMV)

Cherry leaf roll virus (CLRV)

Strawberry latent ringspot virus (SLRV)

Prunus amygdalus Batsch

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple mosaic virus (ApMV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus (PNRSV)

Prunus armeniaca L.

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple mosaic virus (ApMV)

Apricot latent virus (ApLV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus (PNRSV)

Prunus avium and P. cerasus

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple mosaic virus (ApMV)

Arabis mosaic virus (ArMV)

Cherry green ring mottle virus (CGRMV)

Cherry leaf roll virus (CLRV)

Cherry necrotic rusty mottle virus (CNRMV)

Little cherry virus 1 and 2 (LChV1, LChV2)

Cherry mottle leaf virus (ChMLV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus (PNRSV)

Raspberry ringspot virus (RpRSV)

Strawberry latent ringspot virus (SLRSV)

Tomato black ring nepovirus (TBRV)

Prunus domestica and P. salicina

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple mosaic virus (ApMV)

Myrobalan latent ringspot virus (MLRSV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus (PNRSV)

Prunus persica

Viruses

Apple chlorotic leaf spot virus (ACLSV)

Apple mosaic virus (ApMV)

Apricot latent virus (ApLV)

Prune dwarf virus (PDV)

Prunus necrotic ringspot virus (PNRSV)

Strawberry latent ringspot virus (SLRSV)

Viroids

Peach latent mosaic viroid (PLMVd)

Ribes L.

Viruses

as appropriate for the species concerned

Arabis mosaic virus (ArMV)

Blackcurrant reversion virus (BRV)

Cucumber mosaic virus (CMV)

Gooseberry vein banding associated viruses (GVBaV)

Strawberry latent ringspot virus (SLRSV)

Raspberry ringspot virus (RpRSV)

Rubus L.

Fungi

Phytophthora spp. infecting Rubus

Viruses

as appropriate for the species concerned

Apple mosaic virus (ApMV)

Black raspberry necrosis virus (BRNV)

Cucumber mosaic virus (CMV)

Raspberry leaf mottle (RLMV)

Raspberry leaf spot (RLSV)

Raspberry vein chlorosis virus (RVCV)

Rubus yellow net virus (RYNV)

Raspberry bushy dwarf virus (RBDV)

Phytoplasmas

Rubus stunt phytoplasma

Virus like-diseases

Raspberry yellow spot

Vaccinium L.

Viruses

Blueberry shoestring virus (BSSV)

Blueberry red ringspot virus (BRRV)

Blueberry scorch virus (BlScV)

Blueberry shock virus (BlShV)

Phytoplasmas

Blueberry stunt phytoplasma

Blueberry witches’ broom phytoplasma

Cranberry false blossom phytoplasma

Virus like diseases

Blueberry mosaic agent

Cranberry ringspot agent

TABLE III

PESTS THE PRESENCE OF WHICH IN SOIL IS REGULATED

Column 1

Genus or Species

Column 2

Specific pests

Fragaria L.

Nematodes

Longidorus attenuatus

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

Juglans regia L.

Nematodes

Xiphinema diversicaudatum

Olea europaea L.

Nematodes

Xiphinema diversicaudatum

Pistacia vera L.

Nematodes

Xiphinema index

Prunus avium and P. cerasus

Nematodes

Longidorus attenuatus

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

P. domestica, P. persica and P. salicina

Nematodes

Longidorus attenuatus

Longidorus elongatus

Xiphinema diversicaudatum

Ribes L.

Nematodes

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

Rubus L.

Nematodes

Longidorus attenuatus

Longidorus elongatus

Longidorus macrosoma

Xiphinema diversicaudatum

Schedule 2, paragraphs 10(4),17(4) and 23(4)

SCHEDULE 7Visual inspections, sampling and testing per genera or species and category

Column 1

Genus or Species

Column 2

Category

Column 3

Frequency of visual inspections

Column 4

Requirements relating to sampling and testing

Castanea sativa Mill.All categoriesAnnuallySampling and testing to be carried out in the case of doubts concerning the presence of any pest listed in Table IA of schedule 6.
Citrus L., Fortunella Swingle and Poncirus Raf.Pre-basicTwice annuallyEach pre-basic mother plant must be sampled and tested 6 years after its acceptance as a pre-basic mother plant and with subsequent intervals of 6 years concerning the presence of pests listed in Table II of schedule 6 and in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.
BasicAnnuallyA representative portion of basic mother plants must be sampled and tested every six years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests listed in Table IA and Table II of schedule 6.
CertifiedAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
Corylus avellana L.All categoriesAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
Cydonia oblonga Mill., Malus Mill and Pyrus L.Pre-basicAnnuallyEach pre-basic mother plant must be sampled and tested 15 years after its acceptance as a pre-basic mother plant and with subsequent intervals of 15 years concerning the presence of pests other than virus-like diseases and viroids listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.
BasicAnnuallyA representative portion of basic mother plants must be sampled and tested every 15 years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests other than virus-like diseases and viroids listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.
CertifiedAnnually

A representative portion of certified mother plants must be sampled and tested every 15 years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests other than virus-like diseases and viroids listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.

Certified fruit plants must be sampled and tested in case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.

CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed Table IA and Table II of schedule 6.
Ficus carica L.All categoriesAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.
Fragaria L.Pre-basicVisual inspections must be carried out twice annually during the growing season. For plants and material produced by micropropagation which is maintained for a period shorter than three months, only one inspection during this period is necessaryEach pre-basic mother plant must be sampled and tested one year after its acceptance as a pre-basic mother plant and with subsequent intervals of one year concerning the presence of pests listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IB of schedule 6.
BasicVisual inspections must be carried out twice annually during the growing season. For plants and material produced by micropropagation which is maintained for a period shorter than three months, only one inspection during this period is necessary.Sampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IB and Table II of schedule 6.
CertifiedVisual inspections must be carried out twice annually during the growing season. For plants and material produced by micropropagation which is maintained for a period shorter than three months, only one inspection during this period is necessarySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IB and Table II of schedule 6.
CACVisual inspections must be carried out twice annually during the growing season. For plants and material produced by micropropagation which is maintained for a period shorter than three months, only one inspection during this period is necessarySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IB and Table II of schedule 6.
Juglans regia L.Pre-basicAnnuallyEach flowering pre-basic mother plant must be sampled and tested one year after its acceptance as a pre-basic mother plant and with subsequent intervals of one year concerning the presence of pests listed in Table II of schedule 6 and in the case of doubts concerning the presence of pests listed in Table IA of schedule 6 .
BasicAnnuallyA representative portion of basic mother plants must be sampled and tested every year on the basis of an assessment of the risk of infection of those plants concerning the presence of pests listed in Table IA and Table II of schedule 6.
CertifiedAnnually

A representative portion of certified mother plants must be sampled and tested every three years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests listed in Table IA and Table II of schedule 6.

Certified fruit plants shall be sampled and tested in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.

CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
Olea europaea L.Pre-basicAnnuallyEach pre-basic mother plant must be sampled and tested 10 years after its acceptance as a pre-basic mother plant and with subsequent intervals of 10 years concerning the presence of pests listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IA of schedule 6 .
BasicAnnuallyA representative portion of basic mother plants must be sampled in order to have all plants tested within an interval of 30 years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests listed in Table IA and Table II of schedule 6.
CertifiedAnnually

In the case of mother plants used for the production of seeds (hereinafter: ‘seed mother plants’), a representative portion of those seed mother plants must be sampled in order to have all plants tested within an interval of 40 years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests listed in Table IA and Table II of schedule 6.

In the case of mother plants other than seed mother plants, a representative portion of those plants must be sampled in order to have all plants tested within an interval of 30 years on the basis of an assessment of the risk of infection of those plants concerning the presence of pests listed in Table IA and Table II of schedule 6.

CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
Pistacia vera L.All categoriesAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA of schedule 6

Prunus amygdalus,;

P. armeniaca;

P.domestica;

P. persica; and

P. salicina

Pre-basicAnnually

Each flowering pre-basic mother plant must be sampled and tested for Prune dwarf virus (referred to in the remainder of this table as “PDV”) and Prunus necrotic ringspot virus (referred to in the remainder of this table as “PNRSV”) one year after its acceptance as a pre-basic mother plant and with subsequent intervals of one year.

Each tree planted intentionally for pollination and, where appropriate, the major pollinating trees in the environment must be sampled and tested for PDV and PNRSV. In the case of P. persica, each flowering pre-basic mother plant must be sampled one year after its acceptance as a pre-basic mother plant and tested for Peach latent mosaic viroid (referred to in the remainder of this table as “PLMVd”). Each pre-basic mother plant must be sampled 10 years after its acceptance as a pre-basic mother plant, and with subsequent intervals of 10 years, and tested for viruses, other than PDV and PNRSV, relevant for the species as listed in Table II of schedule 6, and tested in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.

BasicAnnually

A representative portion of flowering basic mother plants must be sampled every year and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of trees planted intentionally for pollination and, where appropriate, the major pollinating trees in the environment must be sampled and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

In the case of P. persica, a representative portion of flowering basic mother plants must be sampled once a year and tested for PLMVd on the basis of an assessment of the risk of infection of those plants.

A representative portion of non-flowering basic mother plants must be sampled every 3 years and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of basic mother plants must be sampled every 10 years and tested for pests, other than PDV and PNRSV, relevant for the species as listed in Table IA and Table II of schedule 6 on the basis of an assessment of the risk of infection of those plants.

CertifiedAnnually

A representative portion of flowering certified mother plants must be sampled every year and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of trees planted intentionally for pollination and, where appropriate, the major pollinating trees in the environment must be sampled and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

In the case of P. persica, a representative portion of flowering certified mother plants must be sampled once a year and tested for PLMVd on the basis of an assessment of the risk of infection of those plants.

A representative portion of non-flowering certified mother plants must be sampled every 3 years and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of certified mother plants must be sampled every 15 years and tested for pests, other than PDV and PNRSV, relevant for the species as listed in Table IA and Table II of schedule 6 on the basis of an assessment of the risk of infection of those plants.

CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
Prunus avium and P.cerasusPre-basicAnnually

Each flowering pre-basic mother plant must be sampled and tested for PDV and PNRSV one year after its acceptance as a pre-basic mother plant and with subsequent intervals of one year. Each tree planted intentionally for pollination and, where appropriate, the major pollinating trees in the environment must be sampled and tested for PDV and PNRSV.

Each pre-basic mother plant must be sampled 10 years after its acceptance as a pre-basic mother plant, and with subsequent intervals of 10 years, and tested for viruses, other than PDV and PNRSV, relevant for the species as listed in Table II of schedule 6, and tested in the case of doubts concerning the presence of pests listed in Table IA of schedule 6.

BasicAnnually

A representative portion of flowering basic mother plants must be sampled every year and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of trees planted intentionally for pollination and, where appropriate, the major pollinating trees in the environment must be sampled and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of non-flowering basic mother plants must be sampled every 3 years and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of basic mother plants shall be sampled every 10 years and tested for pests, other than PDV and PNRSV, relevant for the species as listed in Table IA and Table II of schedule 6 on the basis of an assessment of the risk of infection of those plants.

CertifiedAnnually

A representative portion of flowering certified mother plants must be sampled every year and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of trees planted intentionally for pollination and, where appropriate, the major pollinating trees in the environment must be sampled and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of non-flowering certified mother plants must be sampled every 3 years and tested for PDV and PNRSV on the basis of an assessment of the risk of infection of those plants.

A representative portion of certified mother plants must be sampled every 15 years and tested for pests, other than PDV and PNRSV, relevant for the species as listed in Table IA and Table II of schedule 6 on the basis of an assessment of the risk of infection of those plants.

CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA and Table II of schedule 6.
Ribes L.Pre-basicTwice annuallyEach pre-basic mother plant must be sampled and tested 4 years after its acceptance as a pre-basic mother plant and with subsequent intervals of 4 years concerning the presence of pests listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IA and Table IB of schedule 6.
BasicAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA, Table IB and Table II of schedule 6.
CertifiedAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA, Table IB and Table II of schedule 6.
CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA, Table IB and Table II of schedule 6.
Rubus L.Pre-basicTwice annuallyEach pre-basic mother plant must be sampled and tested 2 years after its acceptance as a pre-basic mother plant and with subsequent intervals of 2 years concerning the presence of pests listed in Table II of schedule 6, and in the case of doubts concerning the presence of pests listed in Table IA and Table IB of schedule 6.
Basic

Where plants are grown in the field or in pots, visual inspections must be carried out twice annually.

For plants and material produced by micropropagation which is maintained for a period shorter than 3 months, only one inspection during this period is necessary.

Sampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA, Table IB and Table II of schedule 6.
CertifiedAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA, Table IB and Table II of schedule 6.
CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IA, Table IB and Table II in schedule 6.
Vaccinium L.Pre-basicTwice annuallyEach pre-basic mother plant must be sampled and tested 5 years after its acceptance as a pre-basic mother plant and with subsequent intervals of 5 years concerning the presence of pests listed in Table II in schedule 6, and in the case of doubts concerning the presence of pests listed in Table IB of schedule 6.
BasicTwice annuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IB and Table II of schedule 6.
CertifiedAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IB and Table II of schedule 6.
CACAnnuallySampling and testing must be carried out in the case of doubts concerning the presence of pests listed in Table IB and Table II of schedule 6.

Regulation 18(2)

SCHEDULE 8Powers of inspectors

Powers of entry etc.

1.—(1) An inspector may, on producing a duly authenticated authorisation if so required, enter any premises in Scotland of a supplier, at any reasonable time, if the inspector reasonably suspects that any activity to which these Regulations apply is being carried out on those premises, for the purposes of ascertaining whether there is, or has been, any contravention of these Regulations.

(2) An inspector entering premises under sub-paragraph (1) may—

(a)be accompanied by—

(i)such other persons as the inspector considers necessary; and

(ii)any representative of the European Commission acting for the purpose of the enforcement of a European Union obligation;

(b)take onto those premises any equipment or materials that the inspector considers necessary for the enforcement of these Regulations;

(c)open any container;

(d)carry out any searches, inspections, measurements and tests;

(e)take samples;

(f)have access to, and inspect, any books, documents or records (in whatever form they are held) relating to these Regulations and remove them to enable them to be copied;

(g)photograph or copy anything, the production of which the inspector has the power to require under head (f);

(h)photograph anything which the inspector has reasonable cause to believe may be relevant in connection with the enforcement of these Regulations; and

(i)seize any computers and associated equipment for the purpose of copying documents, provided that they are returned as soon as practicable.

(3) Any person who accompanies an inspector in accordance with this paragraph may perform any of the inspector’s functions but only under the supervision of that inspector.

Information notice

2.  An inspector may, by notice served on any person, require that person to provide such information as is specified in the notice in such form and within such period following service of the notice or at such time as is so specified (in this schedule, “an information notice”).

Prohibition on movement

3.  An inspector may, by notice served on any person, prohibit that person from moving plant material from any premises if the inspector has reasonable grounds to suspect that the plant material fails to comply with a requirement to which it is subject by virtue of schedule 2, 3 or 5 (in this schedule, “a movement notice”).

Enforcement and prohibition notices

4.—(1) An inspector may serve a notice on any person who contravenes, or who the inspector has reasonable grounds to suspect may contravene, these Regulations—

(a)requiring that person to act in accordance with the Regulations (in this schedule, an “enforcement notice”); or

(b)prohibiting that person from acting in breach of the Regulations (in this schedule, a “prohibition notice”).

(2) The notice must give reasons for serving it and, if appropriate, specify what action must be taken and specify the time limit for taking any such action.

Appeals against enforcement and prohibition notices

5.—(1) Any person who is aggrieved by a decision of an inspector to serve a notice under this schedule may appeal by application to the sheriff.

(2) The period within which an appeal must be brought is 28 days from the service of the notice or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.

(3) A notice served under this schedule must state—

(a)the right of appeal to the sheriff by the person on whom the notice is served; and

(b)the period in which such an appeal may be brought.

(4) On an appeal under this paragraph, the sheriff may either cancel or affirm the notice and, if the sheriff affirms the notice, the sheriff may do so either in its original form or with such modifications as the sheriff thinks fit.

Compliance with notices

6.—(1) A notice served under this schedule must be complied with at the expense of the person on whom it is served and, if it is not complied with, an inspector may make arrangements to secure compliance with the notice.

(2) Where an inspector makes arrangements pursuant to sub-paragraph (1), the Scottish Ministers may recover all reasonable expenses in connection with the arrangements as a debt from the person on whom the notice was served.

(1)

A list of applicable published protocols is available at http://archives.eppo.int/index.htm.

(2)

The CPVO is located at 3 boulevard Maréchal Foch, FR – 49000 ANGERS, France.

(4)

UPOV is located at 34, chemin des Colombettes, CH-1211 Genève 20, Switzerland.

(5)

A list of applicable test guidelines is available at http://www.upov.int/resource/en/dus_guidance.html.

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