CHAPTER 1 U.K. SCOPE AND DEFINITIONS

Article 2 U.K. Definitions

For the purposes of this Directive, the following definitions shall apply:

1.

‘propagating material’ means seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants;

2.

‘fruit plants’ means plants intended to be planted or replanted, after marketing;

3.

‘variety’ means a plant grouping within a single botanical taxon of the lowest known rank, which can be:

(a)

defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;

(b)

distinguished from any other plant grouping by the expression of at least one of the said characteristics; and

(c)

considered as an entity in view of its ability to be propagated unchanged;

4.

‘clone’ means the vegetative genetically uniform progeny of a single plant;

5.

‘pre-basic material’ means propagating material which:

(a)

has been produced, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases;

(b)

is intended for the production of basic material or certified material other than fruit plants;

(c)

satisfies the specific requirements for pre-basic material established pursuant to Article 4; and

(d)

has been found by official inspection to satisfy the conditions in (a), (b) and (c);

6.

‘basic material’ means propagating material which:

(a)

has been produced either directly or in a known number of stages in a vegetative way from pre-basic material, according to generally accepted methods, for the maintenance of the identity of the variety including the relevant pomological characteristics and for the prevention of diseases;

(b)

is intended for the production of certified material;

(c)

satisfies the specific requirements for basic material, established pursuant to Article 4; and

(d)

has been found by official inspection to satisfy the conditions in (a), (b) and (c);

7.

‘certified material’ means:

(a)

propagating material which:

(i)

has been produced directly in a vegetative way from basic material or pre-basic material or, if intended to be used for the production of rootstocks, by certified seeds from basic or certified material of rootstocks;

(ii)

is intended for the production of fruit plants;

(iii)

satisfies the specific requirements for certified material, established pursuant to Article 4; and

(iv)

has been found by official inspection to satisfy the conditions in (i), (ii) and (iii);

(b)

fruit plants which:

(i)

have been produced directly from certified, basic or pre-basic propagating material;

(ii)

are intended for the production of fruits;

(iii)

satisfy the specific requirements for certified material, established pursuant to Article 4; and

(iv)

have been found by official inspection to satisfy the conditions in (i), (ii) and (iii);

8.

‘CAC (Conformitas Agraria Communitatis) material’ means propagating material and fruit plants which:

(a)

have varietal identity and adequate varietal purity;

(b)

are intended for:

• the production of propagating material,

• the production of fruit plants, and/or

• the production of fruits;

(c)

satisfy the specific requirements for CAC material established pursuant to Article 4;

9.

‘supplier’ means any natural or legal person carrying out professionally at least one of the following activities with regard to propagating material or fruit plants: reproducing, producing, preserving and/or treating, importing and marketing;

10.

‘marketing’ means the sale, holding with a view to sale, offer for sale, and any disposal, supply or transfer aimed at commercial exploitation of propagating material or fruit plants to third parties, whether or not for consideration;

11.

‘responsible official body’ means:

(a)

an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning the quality of propagating material and fruit plants;

(b)

any State authority established:

• either at national level, or

• at regional level, under the supervision of the national authorities, within the limits set by the national legislation of the Member State concerned;

12.

‘official inspection’ means inspection carried out by the responsible official body or under the responsibility of the responsible official body;

13.

‘lot’ means a number of units of a single commodity, identifiable by its homogeneity of composition and origin.