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

Type Ni-Statutory-Rule
Publication 2017-06-28
Last updated 2020-12-31
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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  • (c) ensure that pre-basic mother plants and pre-basic material are individually identified throughout the production process;
  • (d) keep candidate pre-basic mother plants under insect proof conditions, and physically isolated from pre-basic mother plants in the facilities referred to in sub-paragraph (1)(a), until all tests concerning compliance with paragraph 9 have been concluded.
  • (2) Sub-paragraph (1) does not apply where the Department authorises the production of pre-basic mother plants (including candidate pre-basic mother plants) and pre-basic material in a field under non-insect proof conditions, which the Department may do if satisfied—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) the plants and material are identified by labels that ensure traceability; and
  • (c) appropriate measures are taken to prevent infection of the plants and material by aerial vectors, root contact, cross infection by machinery, grafting tools or any other possible source.
  • (3) Pre-basic mother plants and pre-basic material may be maintained by cryopreservation.
  • (4) Pre-basic mother plants may only be used for a period calculated on the basis of the stability of the variety or the environmental conditions under which they are grown and any other determinants having an impact on the stability of the variety.

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

9

  • (1) A candidate pre-basic mother plant must be free from the pests listed in Annex I and Annex II to Directive 2014/98/EU, as regards the genus or species concerned.
  • (2) Pre-basic mother plants produced by renewal must be free from the pests listed in Annex I to Directive 2014/98/EU and the viruses and viroids, listed in Annex II to Directive 2014/98/EU, as regards the genus or species concerned.
  • (3) This is established—
  • (a) in the case of pests listed in Annex I to Directive 2014/98/EU, by visual inspection in the facilities and fields and, in case of doubts concerning the presence of those pests, by sampling and testing;
  • (b) in the case of pests listed in Annex II to Directive 2014/98/EU, by visual inspection in the facilities and fields and, in relation to pre-basic mother plants produced by renewal, also of the lots, and by sampling and testing.
  • (4) Subject to paragraph 5, sampling and testing for pests listed in Annex II to Directive 2014/98/EU must take place—
  • (a) in the most appropriate period of the year taking into account the climatic conditions and the growing conditions of the plant, and the biology of the pests relevant for that plant and, in the case of doubts concerning the presence of those pests, at any time of the year.
  • (5) Where a candidate pre-basic mother plant is a seedling, visual inspection and sampling and testing is only required in respect of the viruses, viroids or virus-like diseases that are transmitted by pollen and listed in Annex II to Directive 2014/98/EU, as regards the genus or species concerned if—
  • (a) an official inspection confirms the seedling concerned was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids and virus-like diseases;
  • (b) the seedling has been maintained in accordance with paragraph 8.

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

10

  • (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—
  • (i) in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
  • (ii) 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) Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.
  • (4) Visual inspections and sampling and testing must be carried out in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, also in accordance with the appropriate protocol.
  • (5) Sub-paragraphs (1) and (2) do not apply to pre-basic mother plants and pre-basic material during cryopreservation.

Soil requirements

11

  • (1) Pre-basic mother plants and pre-basic material may only be grown in soil that is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned and which host viruses affecting that genus or species.
  • (2) Freedom from such pests must be established by sampling and testing.
  • (3) Sampling and testing for pests listed in Annex III to Directive 2014/98/EU must be carried out—
  • (a) before the pre-basic mother plants or the pre-basic material is planted and must be repeated during growth where there is suspicion concerning the presence of the pests referred to in sub-paragraph (1);
  • (b) taking into account the climatic conditions and the biology of the pests listed in Annex III to Directive 2014/98/EU, and where those pests are relevant for the pre-basic mother plants or the pre-basic material concerned.
  • (4) Sampling and testing is not required—
  • (a) where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;
  • (b) where the Department concludes, on the basis of an official inspection, that the soil is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.

Requirements concerning defects likely to impair quality

12

  • (1) Pre-basic mother plants and pre-basic material must be found practically free from defects on the basis of visual inspection.
  • (2) That visual inspection must be carried out by the Department and, where appropriate, the supplier.
  • (3) Injuries, discoloration, scar tissues or desiccation are considered as defects if they affect the quality and usefulness of a pre-basic mother plant or pre-basic material as propagating material.

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

13

  • (1) A supplier may multiply or renew a pre-basic mother plant accepted in accordance with paragraph (4).
  • (2) A supplier may propagate a pre-basic mother plant to produce pre-basic material.
  • (3) Multiplication, renewal and propagation (including micropropagation) of pre-basic mother plants must take place in accordance with the appropriate protocol.
  • (4) In the case of micropropagation, the appropriate protocol must have been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plant 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.
  • (5) A supplier may only renew a pre-basic mother plant before the end of the period referred to in paragraph 8(4).

PART 3 — Certification of basic material

Propagating material (other than mother plants and other than rootstocks not belonging to a variety)

14

  • (1) Propagating material (other than basic mother plants and other than rootstocks not belonging to a variety) may be certified as basic material if that material meets the requirements in sub-paragraph (2).
  • (2) The requirements are that the propagating material—
  • (a) is propagated from a basic mother plant that has been—
  • (i) grown from pre-basic material; or
  • (ii) produced by multiplication from a basic mother plant in accordance with paragraph 19;
  • (b) has been verified by an inspector as being true to the description of its variety in accordance with paragraph 7;
  • (c) complies with the time period referred to in paragraph 8(4);
  • (d) complies with the requirements concerning defects in paragraph 12;
  • (e) complies with the health requirements in paragraph 16;
  • (f) has been grown in soil that is found, by sampling and testing, to comply with paragraph 17;
  • (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.
  • (3) Where a basic mother plant or basic material no longer fulfils the requirements in sub-paragraphs 2(b) to (f) or paragraph 8(1), the supplier must either—
  • (a) remove the mother plant or material from the vicinity of other basic mother plants and basic material; or
  • (b) take appropriate measures to ensure that the mother plant or the material complies with those requirements again.
  • (4) A supplier may use any mother plant or material removed in accordance with sub-paragraph (3)(a) as certified material or CAC material provided the mother plant or material fulfils the requirements set out in these Regulations for the respective categories.
  • (5) For the purpose of this paragraph, any reference to pre-basic mother plants or to pre-basic material in paragraphs 7, 8(1) and (4), 12 and 12A is to be construed as reference to basic mother plants or, as the case may be, to basic material.

Rootstock not belonging to a variety

15

  • (1) A rootstock not belonging to a variety may be certified as basic material if it meets the requirements in sub-paragraph (2).
  • (2) The requirements are that the rootstock—
  • (a) is true to the description of its species;
  • (b) is individually identified throughout the production process;
  • (c) complies with the time period referred to in paragraph 8(4);
  • (d) complies with the requirements concerning defects in paragraph 12;
  • (e) complies with the health requirements in paragraph 16;
  • (f) has been grown in soil that is found, by sampling and testing, to comply with paragraph 17;
  • (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.
  • (3) Where a rootstock not belonging to a variety is a basic mother plant or basic material that no longer fulfils the requirements in sub-paragraphs 2(b) to (f), the supplier must—
  • (a) remove the rootstock from the vicinity of other basic mother plants and basic material; or
  • (b) take appropriate measures to ensure the rootstock complies with those requirements again.
  • (4) A supplier may use any rootstock removed in accordance with sub-paragraph (3)(a) as certified material or CAC material provided the rootstock fulfils the requirements set out in these Regulations for the respective categories.
  • (5) For the purpose of this paragraph, any reference to pre-basic mother plants or pre-basic material in paragraphs 8(4) and 12 is to be construed as reference to basic mother plants or, as the case may be, to basic material.

Health requirements: basic mother plant or basic material

16

  • (1) A basic mother plant or basic material must be found free from any RNQP listed in Annexes 1 or 2 to Directive 2014/98/EU in relation to the genus or species concerned, subject to the requirements of Annex 4 to that Directive, specified in relation to the genus or species concerned, and category.
  • (2) An inspector and, where appropriate the supplier, must sample and test the basic mother plant or basic material—
  • (a) in cases of doubt as to the presence of any RNQP listed in Annex 1 to Directive 2014/98/EU, for such pests;
  • (b) for the RNQPs listed in Annex 2 to Directive 2014/98/EU, subject to the requirements of Annex 4 to that Directive specified in relation to the genus or species concerned, and category.
  • (3) Compliance with sub-paragraph (1) is established by visual inspection by an inspector and, where appropriate, the supplier.
  • (4) Visual inspections and sampling and testing must be carried out in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, in accordance with the appropriate protocol.
  • (5) Sub-paragraphs (1) and (2) do not apply to basic mother plants and basic material during cryopreservation.

Soil requirements: basic material

17

  • (1) Basic mother plants and basic material may only be grown in soil that is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned and which host viruses affecting that genus or species.
  • (2) Freedom from such pests must be established by sampling and testing.
  • (3) Sampling and testing for pests listed in Annex III to Directive 2014/98/EU must be carried out—
  • (a) before the basic mother plants or the basic material is planted, and must be repeated during growth where there is suspicion concerning the presence of the pests referred to in sub-paragraph (1);
  • (b) taking into account the climatic conditions and the biology of the pests listed in Annex III to Directive 2014/98/EU, and where those pests are relevant for the basic mother plants or the basic material concerned.
  • (4) Sampling and testing is not required—
  • (a) where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;
  • (b) where the Department concludes on the basis of an official inspection that the soil is free from any pests which are listed in Annex III to Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.

Maintenance of basic mother plants and basic material

18

Basic mother plants and basic material must be maintained in fields isolated by distance from potential sources of infection including aerial vectors, root contact, cross infection by machinery, grafting tools and any other possible sources.

Conditions for multiplication

19

  • (1) Basic mother plants grown from pre-basic material may be multiplied in a number of generations to obtain the necessary number of basic mother plants.
  • (2) A basic mother plant must be multiplied in accordance with paragraph 13 and, for the purposes of this sub-paragraph, a reference to a pre-basic mother plant in paragraph 13 is to be construed as a reference to a basic mother plant.
  • (3) The maximum permitted number of generations, and the maximum permitted life span of basic mother plants must not exceed the limits set out in Annex V to Directive 2014/98/EU for the relevant genera or species.
  • (4) Where multiple generations of basic mother plants are permitted, each generation, other than the first one, may derive from any previous generation.
  • (5) Propagating material of different generations must be kept separate.

PART 4 — Certification of certified material

Propagating material (other than mother plants) and fruit plants

20

  • (1) Propagating material (other than mother plants) and fruit plants may be certified as certified material if the propagating material or fruit plant meets the requirements in sub-paragraph (2).
  • (2) The requirements are that the propagating material or fruit plant—
  • (a) is propagated from a certified mother plant that—
  • (i) has been grown from pre-basic material or basic material; and
  • (ii) has been grown in soil that is found, by sampling and testing, to comply with paragraph 23;
  • (b) has been verified by an inspector as being true to the description of its variety in accordance with paragraph 7;
  • (c) complies with the time period referred to in paragraph 8(4);
  • (d) complies with the requirements concerning defects in paragraph 12;
  • (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.
  • (3) Where a certified mother plant or certified material no longer fulfils the requirements in sub-paragraphs (2)(b) to (g) the supplier must—
  • (a) remove the mother plant or material from the vicinity of other certified mother plants and certified material; or
  • (b) take appropriate measures to ensure that the mother plant or the material complies with those requirements again.
  • (4) A supplier may use any mother plant or material removed in accordance with paragraph (3)(a) as CAC material provided the mother plant or material fulfils the requirements in Schedule 1 for CAC material.
  • (5) For the purpose of this paragraph, any reference to pre-basic mother plants or to pre-basic material in paragraphs 7, 8(4) and 12 is to be construed as reference to certified mother plants or, as the case may be, to certified material.

Rootstock not belonging to a variety

21

  • (1) A rootstock not belonging to a variety may be certified as certified material if it meets the requirements in sub-paragraph (2).
  • (2) The requirements are that the rootstock—
  • (a) is grown from a certified mother plant grown from pre-basic or basic material;
  • (b) is true to the description of its species;
  • (c) complies with the time period referred to in paragraph 8(4);
  • (d) complies with the requirements concerning defects in paragraph 12;
  • (e) complies with the health requirements in paragraph 22; and
  • (f) has been grown in soil that is found by sampling and testing, to comply with paragraph 223.
  • (3) Where a rootstock not belonging to a variety is a certified mother plant or certified material that no longer fulfils the requirements in sub-paragraphs (2)(b) (e) the supplier must—
  • (a) remove the rootstock from the vicinity of other certified mother plants and certified material; or
  • (b) take appropriate measures to ensure the rootstock complies with those requirements again.
  • (4) A supplier may use any rootstock removed in accordance with paragraph (3)(a) as CAC material provided the rootstock fulfils the requirements set out in Schedule 1 for CAC material.
  • (5) For the purpose of this paragraph, any reference to pre-basic mother plants or to pre-basic material in paragraphs 8(4) and 12 is to be construed as reference to certified mother plants or, as the case may be, to certified material.

Health requirements: certified material

22

  • (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.
  • (3) The Department, and, where appropriate, a supplier, establishes compliance with paragraph (1) by visual inspection.
  • (4) Visual inspections and sampling and testing must be conducted in accordance with Annex IV to Directive 2014/98/EU, as regards the genus or species concerned and, in the case of sampling and testing, also in accordance with the appropriate protocol.
  • (5) Sub-paragraphs (1) and (2) do not apply to certified mother plants and certified material during cryopreservation.

Soil requirements: certified mother plants and certified material

23

  • (1) Certified mother plants and certified material may only be grown in soil that is free from any pests listed in Annex III to Directive 2014/98/EU, for the genus or species concerned and which host viruses affecting that genus or species.
  • (2) Freedom from such pests must be established by sampling and testing.
  • (3) Sampling and testing for pests listed in Annex III to Directive 2014/98/EU must be carried out—
  • (a) before the certified mother plant or the certified material is planted, and must be repeated during growth where there is suspicion the presence of the pests referred to in sub-paragraph (1);
  • (b) taking into account the climatic conditions and the biology of the pests listed in Annex III to Directive 2014/98/EU, and where those pests are relevant for the certified mother plants or the certified material concerned;
  • (4) Sampling and testing is not required—
  • (a) unless otherwise stated, in the case of certified fruit plants;
  • (b) where plants, which are hosts for the pests listed in Annex III to Directive 2014/98/EU for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil;
  • (c) where the Department concludes, on the basis of an official inspection, that the soil is free from any pests which are listed in Annex III to the Directive 2014/98/EU, for the genus or species concerned, and which host viruses affecting that genus or species.

Signed

Sealed with the Official Seal of the Department of Agriculture, Environment and Rural Affairs on 28th June 2017.

Malcolm Beatty — A senior officer of the

Explanatory note

(This note is not part of the Regulations)

Footnotes

2

1972 c.62. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

5

OJ L 227, 1.9.1994, p.1 as last amended by Council Regulation (EC) No 15/2008 (OJL 8/2, 11.1.2008, p.2).

7

OJ L 169, 10.7.2000, p.1 as last amended by Regulation (EU) 2016/2031 of the European Parliament and of the Council (OJL 317, 23.11.2016, p.4)

8

OJ L 298, 16.10.2014, p.12

9

OJ L 298, 16.10.2014, p.16

10

OJ L 298, 16.10.2014, p.22

11

OJ L 267, 8.10.2008, p.8, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJL 189, 27.6.2014, p.1).

16

The Community Plant Variety Office manages the European Union system of plant variety rights and is located at 3 boulevard Marechal Foch, CS10121, 49101 ANGERS CEDEX 2-France.

17

OJ L 268, 18.10.2003, p.1; last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council (OJ L 97.9.4.2008, p.64).

18

UPOV is located at 34, chemin des Columbettes, CH-1211 Geneve 20, Switzerland.

19

EPPO is an intergovernmental organisation responsible for co-operation and harmonization in plant protection within the European and Mediterranean region. Information may be obtained at the official website www.eppo.int.

Editorial notes

21

1972 c.62. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

22

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).

25

OJ L 298, 16.10.2014, p.12

26

OJ L 298, 16.10.2014, p.16

27

OJ L 298, 16.10.2014, p.22

28

OJ L 267, 8.10.2008, p.8, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJL 189, 27.6.2014, p.1).

30

1981/1675 (N.I. 26)

32

OJ L 268, 18.10.2003, p.1; last amended by Regulation (EC) No 298/2008 of the European Parliament and of the Council (OJ L 97.9.4.2008, p.64).

33

UPOV is located at 34, chemin des Columbettes, CH-1211 Geneve 20, Switzerland.

34

EPPO is an intergovernmental organisation responsible for co-operation and harmonization in plant protection within the European and Mediterranean region. Information may be obtained at the official website www.eppo.int.

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