The Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020

Made: 27th May 2020

Laid before the Scottish Parliament: 29th May 2020

Coming into force: 1st July 2020

In accordance with section 16(1) of the 1964 Act, they have consulted with representatives of such interests as appear to them to be concerned.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Seed and Plant Material (Miscellaneous Amendments) (Scotland) Regulations 2020 and come into force on 1 July 2020.

• (2) These Regulations extend to Scotland only.

Amendment of the Vegetable Seeds Regulations 1993

2

• (1) The Vegetable Seeds Regulations 1993[^f00003] are amended as follows.

• (2) In regulation 3 (interpretation), in paragraph (1)—

• (a) after the definition of “Directive 2001/18/EC” insert—

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC [^f00004];

• (b) after the definition of “official post control” insert—

• “protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation;

• (c) after the definition of “region of origin” insert—

• “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;

, and

• (d) after the definition of “small package” insert—

• “Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation.

• (3) For schedule 1 (kinds of seed to which these Regulations apply) substitute—

SCHEDULE1

Latin Name	Common Name / Kind
Allium cepa L.	Cepa Group (Onion, Echalion)
Allium porrum L.	Leek – all varieties
Apium graveolens L.	Celery Group Celeriac Group
Asparagus officinalis L.	Asparagus – all varieties
Beta vulgaris L.	Garden Beet Group (Beetroot including Cheltenham beet) Leaf Beet Group (Spinach beet or Chard)
Brassica oleracea L.	Kale Group (including Curly Kale and Borecole) Cauliflower Group Capitata Group (Red cabbage and White cabbage) Brussels Sprouts Group Kohlrabi Group Savoy Cabbage Group Broccoli Group (calabrese type and sprouting type) Palm Kale Group Tronchuda Group (Portuguese cabbage)
Brassica rapa L.	Chinese Cabbage Group Vegetable Turnip Group
Cichorium endivia L.	Endive – all varieties
Cucumis melo L.	Melon – all varieties
Cucumis sativus L.	Cucumber Group Gherkin Group
Cucurbita maxima Dutchesne	Gourd – all varieties
Cucurbita pepo L.	Marrow, including mature pumpkin and scallop squash, courgette, including immature scallop squash – all varieties
Daucus carota L.	Carrot and fodder Carrot – all varieties
Lactuca sativa L.	Lettuce – all varieties
Solanum lycopersicum L.	Tomato – all varieties
Petroselinum crispum (Mill.) Nyman ex A. W. Hill	Leaf Parsley Group and Root Parsley Group
Phaseolus coccineus L.	Runner Bean – all varieties
Phaseolus vulgaris L.	Dwarf French Bean Group Climbing French Bean Group
Pisum sativum L.	Round Pea Group Wrinkled Pea Group Sugar Pea Group
Raphanus sativus L.	Radish Group Black Radish Group
Spinacia oleracea L.	Spinach – all varieties
Vicia faba L.	Broad bean – all varieties
Zea mays L.	Sweet Corn Group Popcorn Group

This table includes hybrids of the species and Groups listed.

• (4) In schedule 4 (requirements for certain categories of seed)—

• (a) in Part 1 (basic and certified seed)—

• (i) for paragraph 4 substitute—

(4) The crop must— (a) be practically free from any pests which reduce the usefulness and quality of the propagation material; and (b) comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.

• (ii) in paragraph 7—

• (aa) for the heading “Beta vulgaris L. var. vulgaris, Spinach beet, chard” in the table substitute “Beta vulgarisL. – Leaf Beet Group”,

• (bb) for the heading “Beta vulgaris L. Var. conditiva Alef., red beet or beetroot” in the table substitute “Beta vulgarisL. – Garden Beet Group”,

• (iii) in paragraph 8—

• (aa) for sub-paragraph (a) substitute—

(a) for crops of those Groups listed in the first column of the table, the minimum varietal purity standards must be:—

Kind	Varietal purity percentage by number in crops to produce	Varietal purity percentage by number in crops to produce
Kind	Basic Seed	Certified Seed
Kale Group (including Curly Kale and Borecole) Cauliflower Group Capitata Group (Red cabbage and White cabbage) Brussels Sprouts Group Kohlrabi Group Savoy Cabbage Group Broccoli Group (calabrese type and sprouting type) Palm Kale Group Tronchuda Group (Portuguese cabbage)	99.8	99.5
Chinese Cabbage Group Vegetable Turnip Group	99.7	98.0
Dwarf French Bean Group Climbing French Bean Group	99.8	99.0
Broad Beans	99.7	99.0
Round Pea Group Wrinkled Pea Group Sugar Pea Group	99.995	99.995

• (bb) in sub-paragraph (b), for the table substitute—

Kind	Basic Seed	Certified Seed
Dwarf French Bean Group Climbing French Bean Group	0.1	0.5
Broad Beans	NIL	NIL
Round Pea Group Wrinkled Pea Group Sugar Pea Group	NIL	NIL

• (b) in Part 2 (conditions relating to certain categories of seed)—

• (i) in paragraph 2—

• (aa) in sub-paragraph (a), for the table substitute—

Kind	Kind	Minimum analytical purity(% by weight)	Maximum content of seeds of other plant species (% by weight)	Minimum germination (% of pure seed or pellets)
(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, Pea 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, Pea 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, Pea 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, Pea 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, Pea 2000g.
Asparagus	Asparagus	96	0.5	70
Beans	Beans
	Broad bean[^f01000]	98	0.1	80
	Climbing French Bean Group[^f01000]	98	0.1	75
	Dwarf French Bean Group[^f01000]	98	0.1	75
	Runner bean	98	0.1	80
Garden Beet Group (Beetroot including Cheltenham beet)	Garden Beet Group (Beetroot including Cheltenham beet)	97	0.5	50 (Clusters)
Leaf Beet Group (Spinach beet or Chard)	Leaf Beet Group (Spinach beet or Chard)	97	0.5	70 (Clusters)
Brassica	Brassica
	Broccoli Group (calabrese type & sprouting type)	97	1	75
	Brussels Sprouts Group	97	1	75
	Capitata Group (Red cabbage and White cabbage)	97	1	75
	Cauliflower Group	97	1	70
	Chinese Cabbage Group	97	1	75
	Kale Group (including Curly Kale & borecole)	97	1	75
	Kohlrabi Group	97	1	75
	Palm Kale Group	97	1	75
	Savoy Cabbage Group	97	1	75
	Tronchuda Group (Portuguese cabbage)	97	1	75
	Vegetable Turnip Group	97	1	80
Carrot and fodder Carrot	Carrot and fodder Carrot	95	1	65
Celeriac Group	Celeriac Group	97	1	70
Celery Group	Celery Group	97	1	70
Cepa Group (Onion, Echalion)	Cepa Group (Onion, Echalion)	97	0.5	70
Cucumber Group	Cucumber Group	98	0.1	80
Endive	Endive	95	1	65
Gherkin Group	Gherkin Group	98	0.1	80
Leek	Leek	97	0.5	65
Lettuce	Lettuce	95	0.5	75
Marrow, including mature pumpkin and scallop squash, courgette, including immature scallop squash	Marrow, including mature pumpkin and scallop squash, courgette, including immature scallop squash	98	0.1	75
Melon	Melon	98	0.1	75
Parsley – Leaf and Root Group	Parsley – Leaf and Root Group	97	1	65
Pea	Pea
	Round Pea Group	98	0.1	80
	Sugar Pea Group	98	0.1	80
	Wrinkled Pea Group	98	0.1	80
Radish and Black Radish Groups	Radish and Black Radish Groups	97	1	70
Spinach	Spinach	97	1	75
Sweet Corn / Popcorn Groups	Sweet Corn / Popcorn Groups	98	0.1	85
Tomato	Tomato	97	0.5	75

• (bb) for sub-paragraph (b) substitute—

(b) The presence of RNQPs on vegetable seed must, at least upon visual inspection, not exceed the respective thresholds set out in the following table:—

Bacteria	Bacteria	Bacteria
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Genus or species of vegetable seed	Column 3 Threshold for the presence of RNQPs on the vegetable seed
Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. [CORBMI]	Tomato – all varieties	0%
Xanthomonas axonopodis pv. phaseoli (Smith) Vauterin et al. [XANTPH]	Dwarf French bean group and Climbing French bean group	0%
Xanthomonas euvesicatoria Jones et al. [XANTEU]	Tomato – all varieties	0%
Xanthomonas fuscanssubsp. fuscans Schaad et al. [XANTFF]	Dwarf French bean group and Climbing French bean group	0%
Xanthomonas gardneri (ex Šutič 1957) Jones et al. [XANTGA]	Tomato – all varieties	0%
Xanthomonas perforans Jones et al. [XANTPF]	Tomato – all varieties	0%
Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE]	Tomato – all varieties	0%
Insects and mites	Insects and mites	Insects and mites
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Genus or species of vegetable seed	Column 3 Threshold for the presence of RNQPs on the vegetable seed
Acanthoscelides obtectus (Say) [ACANOB]	Runner beans – all varieties, Dwarf French bean group and Climbing French bean group	0%
Bruchus pisorum (Linnaeus) [BRCHPI]	Round pea group, wrinkled pea group and sugar pea group	0%
Bruchus rufimanus Boheman [BRCHRU]	Broad beans – all varieties	0%
Nematodes	Nematodes	Nematodes
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Genus or species of vegetable seed	Column 3 Threshold for the presence of RNQPs on the vegetable seed
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Cepa group (onion, echalion), Leek – all varieties	0%
Viruses, viroids, virus-like diseases and phytoplasmas	Viruses, viroids, virus-like diseases and phytoplasmas	Viruses, viroids, virus-like diseases and phytoplasmas
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Genus or species of vegetable seed	Column 3 Threshold for the presence of RNQPs on the vegetable seed
Pepino mosaic virus [PEPMV0]	Tomato – all varieties	0%
Potato spindle tuber viroid [PSTVD0]	Tomato – all varieties	0%

• (ii) for paragraph 3 substitute—

(3) Seed must— (a) be practically free from any pests which reduce the usefulness and quality of the propagation material; and (b) comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.

• (5) In schedule 5, Part 2 (maximum weight of a seed lot and minimum weight of a submitted sample), for the table substitute—

Kind	Kind	Maximum lot weight (tonnes)	Minimum submitted sample weight (g)
(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, all Pea groups 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, all Pea groups 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, all Pea groups 2000g.	(1) For the categories Pre-basic Seed, Basic Seeds and Certified Seed of these kinds, the minimum submitted sample weight must be: Broad Bean 4000g, Climbing French Bean / Dwarf French Bean 3000g, all Pea groups 2000g.
(2) For the category Standards Seed of these kinds the minimum submitted sample weight must be 25g.	(2) For the category Standards Seed of these kinds the minimum submitted sample weight must be 25g.	(2) For the category Standards Seed of these kinds the minimum submitted sample weight must be 25g.	(2) For the category Standards Seed of these kinds the minimum submitted sample weight must be 25g.
Asparagus	Asparagus	10	100
Beans	Beans
	Broad bean[^f01001]	30	1,000
	Climbing French Bean Group[^f01001]	30	700
	Dwarf French Bean Group[^f01001]	30	700
	Runner bean	30	1,000
Garden Beet Group (Beetroot including Cheltenham beet)	Garden Beet Group (Beetroot including Cheltenham beet)	20	100
Leaf Beet Group (Spinach beet or Chard)	Leaf Beet Group (Spinach beet or Chard)	20	100
Brassica[^f01002]	Brassica[^f01002]
	Broccoli Group (calabrese type & sprouting type)	10	50
	Brussels Sprouts Group	10	50
	Capitata Group (Red cabbage and White cabbage)	10	50
	Cauliflower Group	10	50
	Chinese cabbage Group	10	50
	Kale Group (including Curly Kale & borecole)	10	50
	Kohlrabi Group	10	50
	Palm Kale Group	10	50
	Savoy Cabbage Group	10	50
	Tronchuda Group (Portuguese cabbage)	10	50
	Vegetable Turnip Group	10	50
Carrot and fodder Carrot	Carrot and fodder Carrot	10	25
Celeriac Group	Celeriac Group	10
Celery Group	Celery Group	10	25
Cepa Group (Onion, Echalion)	Cepa Group (Onion, Echalion)	10	25
Cucumber Group	Cucumber Group	20	25
Endive	Endive	10	25
Gherkin Group	Gherkin Group	20	25
Leaf & Root Parsley Groups	Leaf & Root Parsley Groups	10	25
Leek	Leek	10	25
Lettuce[^f01002]	Lettuce[^f01002]	10	30
Marrow, including mature pumpkin and scallop squash, courgette, including immature scallop squash	Marrow, including mature pumpkin and scallop squash, courgette, including immature scallop squash	20	150
Melon	Melon	20	100
Pea[^f01001]	Pea[^f01001]
	Round Pea Group	30	500
	Sugar Pea Group	30	500
	Wrinkled Pea Group	30	500
Radish and Black Radish Groups	Radish and Black Radish Groups	10	50
Spinach	Spinach	10	75
Sweet Corn / Popcorn Groups	Sweet Corn / Popcorn Groups	20	1,000
Tomato	Tomato	10	25

Amendment of the Marketing of Vegetable Plant Material Regulations 1995

3

• (1) The Marketing of Vegetable Plant Material Regulations 1995[^f00005] are amended as follows.

• (2) For regulation 5 (quality requirements for plant material) substitute—

(5) (1) No plant material may be marketed by a supplier unless— (a) at the place of production it was found, at least on visual inspection, to be practically free from all pests listed in column 1 of the table in schedule 1A (RNQPs concerning vegetable propagating and planting material), with regard to the genera and species listed in the corresponding row of column 2 of that table; (b) the presence of RNQPs on it does not, at least upon visual inspection, exceed the threshold set out in corresponding row of column 3 of the table in schedule 1A; (c) it is found upon visual inspection to be practically free from any pests, other than the pests listed in column 1 of the table in schedule 1A with regard to the genera and species listed in the corresponding row of column 2 of that table, which reduce the usefulness and quality of the vegetable propagating and planting material; (d) it complies with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in the EU Plant Health Regulation and in the implementing acts adopted pursuant to that Regulation, including with the measures adopted pursuant to Article 30(1) of that Regulation; (e) it is substantially free from any defects, including unsatisfactory vigour and dimensions and imbalances between roots, stems and leaves, likely to impair its usefulness as plant material; (f) it has adequate identity and purity relative to its genus or species and variety; (g) either— (i) it belongs to a variety the seeds of which may be marketed in accordance with the Vegetable Seeds Regulations 1993[^f00006]; or (ii) it belongs to a variety officially accepted in a member State in accordance with Article 9 of Directive 2008/72/EC[^f00007]; and (h) it is in lots of sufficiently homogeneous composition and origin. (2) In this regulation— - “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC[^f00008], - “protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation, - “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation, and - “Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation.

• (3) In regulation 6 (measures to be taken by producers)—

• (a) omit paragraph (a),

• (b) in paragraph (b)—

• (i) for “5(a)” substitute “5(1)(a) and (b)”, and

• (ii) for the words from “the Annex” to “93/61/EC” substitute “column 1 of the table in schedule 1A (RNQPs concerning vegetable propagating and planting material)”.

• (4) Omit regulation 7 (special provisions relating to marketing shallots and garlic).

• (5) In regulation 9 (records to be kept by suppliers), in paragraph (4)(c), for the words from “harmful organisms” to “5(a)” substitute “pests referred to in regulation 5(1)(a) to (c)”.

• (6) In regulation 11 (powers of inspectors), in paragraph (4), for “5(a)” substitute “5(1)(a) to (c)”.

• (7) Before schedule 2 (content of supplier’s document) insert—

SCHEDULE1A

Bacteria	Bacteria	Bacteria
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. [CORBMI]	Solanum lycopersicum L.	0%
Xanthomonas euvesicatoria Jones et al. [XANTEU]	Capsicum annuum L., Solanum lycopersicum L.	0%
Xanthomonas gardneri (ex Šutič 1957) Jones et al. [XANTGA]	Capsicum annuum L., Solanum lycopersicum L.	0%
Xanthomonas perforans Jones et al. [XANTPF]	Capsicum annuum L., Solanum lycopersicum L.	0%
Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE]	Capsicum annuum L., Solanum lycopersicum L.	0%
Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Fusarium Link (anamorphic genus) [1FUSAG] other than Fusarium oxysporum f. sp. albedinis (Kill.& Maire) W.L. Gordon [FUSAAL] and Fusarium circinatum Nirenberg& O’Donnell [GIBBCI]	Asparagus officinalis L.	0%
Helicobasidium brebissonii (Desm.) Donk [HLCBBR]	Asparagus officinalis L.	0%
Stromatinia cepivora Berk. [SCLOCE]	Allium cepa L., Allium fistulosum L., Allium porrum L., Allium sativum L.	0%
Verticillium dahliae Kleb. [VERTDA]	Cynara cardunculus L.	0%
Nematodes	Nematodes	Nematodes
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Allium cepa L., Allium sativum L.	0%
Viruses, viroids, virus-like diseases and phytoplasmas	Viruses, viroids, virus-like diseases and phytoplasmas	Viruses, viroids, virus-like diseases and phytoplasmas
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Vegetable propagating and planting material (genus or species)	Column 3 Threshold for the presence of RNQPs on the vegetable propagating and planting material
Leek yellow stripe virus [LYSV00]	Allium sativum L.	1%
Onion yellow dwarf virus [OYDV00]	Allium cepa L., Allium sativum L.	1%
Potato spindle tuber viroid [PSTVD0]	Capsicum annuum L., Solanum lycopersicum L.	0%
Tomato spotted wilt tospovirus [TSWV00]	Capsicum annuum L., Lactuca sativa L., Solanum lycopersicum L., Solanum melongena L.	0%
Tomato yellow leaf curl virus [TYLCV0]	Solanum lycopersicum L.	0%

Amendment of the Marketing of Ornamental Plant Propagating Material Regulations 1999

4

• (1) The Marketing of Ornamental Plant Propagating Material Regulations 1999[^f00009] are amended as follows.

• (2) For regulation 4 (quality requirements for propagating material) substitute—

(4) (1) Propagating material must, when marketed— (a) in respect of the genera and species listed in column 2 of the table in schedule 2 (organisms and diseases), have been found, at least on visual inspection, at the place of production to be practically free from all pests listed in column 1 of that table; (b) not exceed, at least on visual inspection, the respective thresholds for the presence of RNQPs listed in column 3 of the table in schedule 2; (c) be, at least on visual inspection, practically free from any pests, other than the pests listed in column 1 of the table in schedule 2 in respect of the genera and species listed in the corresponding row of column 2 of that table, which reduce the usefulness and quality of that material, or from any signs or symptoms thereof; (d) comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation; (e) have satisfactory vigour and dimensions in respect of its usefulness as propagating material; (f) in the case of seeds, have a satisfactory germination capacity; (g) have satisfactory identity and purity relative to the genus or species or group of plants to which it belongs; and (h) if marketed with reference to a variety pursuant to regulation 11, have satisfactory varietal identity and purity. (2) In this regulation— - “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC[^f00010], - “protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation, - “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation, and - “Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation.

• (3) Omit regulation 6A (further provisions relating to propagating material of Palmae).

• (4) For schedule 2 (organisms and diseases) substitute—

SCHEDULE2

Bacteria	Bacteria	Bacteria
Column 1 RNQPs or symptoms caused by RNQPs	Column 2 Genus or species of propagating material of ornamental plants	Column 3 Threshold for the presence of RNQPs on the propagating material of the ornamental plant
Erwinia amylovora (Burrill) Winslow et al. [ERWIAM]	Propagating material of ornamental plants other than seeds Amelanchier Medik., Chaenomeles Lindl., Cotoneaster Medik., Crataegus Tourn. ex L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus Bosc ex Spach, Photinia davidiana Decne., Pyracantha M. Roem., Pyrus L., Sorbus L.	0%
Pseudomonas syringae pv. persicae (Prunier, Luisetti&. Gardan) Young, Dye& Wilkie [PSDMPE]	Propagating material of ornamental plants other than seeds Prunus persica (L.) Batsch, Prunus salicina Lindl.	0%
Spiroplasma citri Saglio et al. [SPIRCI]	Propagating material of ornamental plants other than seeds Citrus L., Citrus L. hybrids, Fortunella Swingle., Fortunella Swingle. hybrids, Poncirus Raf., Poncirus Raf. hybrids	0%
Xanthomonas arboricolapv.pruni (Smith) Vauterin et al. [XANTPR]	Propagating material of ornamental plants other than seeds Prunus L.	0%
Xanthomonas euvesicatoria Jones et al. [XANTEU]	Capsicum annuum L.	0%
Xanthomonas gardneri (ex Šutič)Joneset al. [XANTGA]	Capsicum annuum L.	0%
Xanthomonas perforans Jones et al. [XANTPF]	Capsicum annuum L.	0%
Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE]	Capsicum annuum L.	0%
Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes
Column 1 RNQPs or symptoms caused by RNQPs	Column 1 Genus or species of propagating material of ornamental plants	Column 1 Threshold for the presence of RNQPs on the propagating material of ornamental plants
Cryphonectria parasitica (Murrill) Barr [ENDOPA]	Propagating material of ornamental plants other than seeds Castanea L.	0%
Dothistroma pini Hulbary [DOTSPI]	Propagating material of ornamental plants other than seeds Pinus L.	0%
Dothistroma septosporum (Dorogin) Morelet [SCIRPI]	Propagating material of ornamental plants other than seeds Pinus L.	0%
Lecanosticta acicola (von Thümen) Sydow [SCIRAC]	Propagating material of ornamental plants other than seeds Pinus L.	0%
Plasmopara halstedii (Farlow) Berlese& de Toni [PLASHA]	Seeds Helianthus annuus L.	0%
Plenodomus tracheiphilus (Petri) Gruyter, Aveskamp& Verkley [DEUTTR]	Propagating material of ornamental plants other than seeds Citrus L. Citrus L. hybrids, Fortunella Swingle, Fortunella Swingle hybrids, Poncirus Raf., Poncirus Raf. hybrids	0%
Puccinia horiana P. Hennings [PUCCHN]	Propagating material of ornamental plants other than seeds Chrysanthemum L.	0%
Insects and mites	Insects and mites	Insects and mites
Column 1 RNQPs or symptoms caused by RNQPs	Column 1 Genus or species of propagating material of ornamental plants	Column 1 Threshold for the presence of RNQPs on the propagating material of ornamental plants
Aculops fuchsiae Keifer [ACUPFU]	Propagating material of ornamental plants other than seeds Fuchsia L.	0%
Opogona sacchari Bojer [OPOGSC]	Propagating material of ornamental plants other than seeds Beaucarnea Lem., Bougainvillea Comm. ex Juss., Crassula L., Crinum L., Dracaena Vand. ex L., Ficus L., Musa L., Pachira Aubl., Palmae, Sansevieria Thunb., Yucca L.	0%
Rhynchophorus ferrugineus (Olivier) [RHYCFE]	Propagating material of ornamental plants other than seeds Palmae, as regards the following genera and species Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr.& H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H.Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops humilis L., Cocos nucifera L., Corypha utan Lam., Copernicia Mart., Elaeis guineensis Jacq., Howea forsteriana Becc., Jubaea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistona rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem.& H. Wendl., Ravenea rivularis Jum.& H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal palmetto (Walter) Lodd. ex Schult.& Schult.f., Syagrus romanzoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl., Washingtonia H. Wendl.	0%
Nematodes	Nematodes	Nematodes
Column 1 RNQPs or symptoms caused by RNQPs	Column 1 Genus or species of propagating material of ornamental plants	Column 1 Threshold for the presence of RNQPs on the propagating material of ornamental plants
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Allium L.	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Propagating material of ornamental plants other than seeds Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston, Galanthus L., Hyacinthus Tourn. ex L, Hymenocallis Salisb., Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Sternbergia Waldst.& Kit., Tulipa L.	0%
Viruses, viroids, virus-like diseases and phytoplasmas	Viruses, viroids, virus-like diseases and phytoplasmas	Viruses, viroids, virus-like diseases and phytoplasmas
Column 1 RNQPs or symptoms caused by RNQPs	Column 1 Genus or species of propagating material of ornamental plants	Column 1 Threshold for the presence of RNQPs on the propagating material of ornamental plants
Candidatus Phytoplasma mali Seemüller& Schneider [PHYPMA]	Propagating material of ornamental plants other than seeds Malus Mill.	0%
Candidatus Phytoplasma prunorum Seemüller& Schneider [PHYPPR]	Propagating material of ornamental plants other than seeds Prunus L.	0%
Candidatus Phytoplasma pyri Seemüller& Schneider [PHYPPY]	Propagating material of ornamental plants other than seeds Pyrus L.	0%
Candidatus Phytoplasma solani Quaglino et al. [PHYPSO]	Propagating material of ornamental plants other than seeds Lavandula L.	0%
Chrysanthemum stunt viroid [CSVD00]	Propagating material of ornamental plants other than seeds Argyranthemum Webb ex Sch.Bip., Chrysanthemum L.	0%
Citrus exocortis viroid [CEVD00]	Propagating material of ornamental plants other than seeds Citrus L.	0%
Citrus tristeza virus CTV000	Propagating material of ornamental plants other than seeds Citrus L., Citrus L. hybrids, Fortunella Swingle, Fortunella Swingle hybrids, Poncirus Raf., Poncirus Raf. Hybrids	0%
Impatiens necrotic spot tospovirus [INSV00]	Propagating material of ornamental plants other than seeds Begonia x hiemalis Fotsch, Impatiens L. New Guinea Hybrids	0%
Potato spindle tuber viroid [PSTVD0]	Capsicum annuum L.,	0%
Plum pox virus [PPV000]	Propagating material of ornamental plants other than seeds Prunus armeniaca L., Prunus blireana Andre, Prunus brigantina Vill., Prunus cerasifera Ehrh., Prunus cistena Hansen, Prunus curdica Fenzl and Fritsch., Prunus domestica L., Prunus domestica ssp. insititia (L.) C.K. Schneid, Prunus domestica ssp. italica (Borkh.) Hegi., Prunus dulcis (Miller) Webb, Prunus glandulosa Thunb., Prunus holosericea Batal., Prunus hortulana Bailey, Prunus japonica Thunb., Prunus mandshurica (Maxim.) Koehne, Prunus maritima Marsh., Prunus mume Sieb. and Zucc., Prunus nigra Ait., Prunus persica (L.) Batsch, Prunus salicina L., Prunus sibirica L., Prunus simonii Carr., Prunus spinosa L., Prunus tomentosa Thunb., Prunus triloba Lindl.	0%
Plum pox virus [PPV000]	Other species of Prunus L. susceptible to Plum pox virus	0%
Tomato spotted wilt tospovirus [TSWV00]	Propagating material of ornamental plants other than seeds Begonia x hiemalis Fotsch, Capsicum annuum L., Chrysanthemum L., Gerbera L., Impatiens L. New Guinea Hybrids, Pelargonium L.	0%

Amendment of the Oil and Fibre Plant Seed (Scotland) Regulations 2004

5

• (1) The Oil and Fibre Plant Seed (Scotland) Regulations 2004[^f00011] are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “Equivalence Decision” insert—

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC[^f00012];

• (b) in the definition of “official post control” for “15(a)” substitute “15(1)(a)”,

• (c) after the definition of “professional seed operator” insert—

• “protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation;

• (d) after the definition of “registered or licensed number” insert—

• “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;

• (e) after the definition of “UK National List” insert—

• “Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation;

• (3) In schedule 4 (requirements for certain categories of seed)—

• (a) in Part 1 (conditions relating to crops from which certain seed is obtained) for paragraph 4 substitute—

(4) (1) The crop must— (a) be practically free from any pests which reduce the usefulness and quality of the propagating material; and (b) comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation. (2) The presence of RNQPs on the crops must comply with the following requirements as set out in the table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for the production of pre-basic seed	Thresholds for the production of basic seed	Thresholds for the production of certified seed
Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA]	Sunflower	0%	0%	0%

• (b) in Part 2 (conditions relating to certain categories of seed), for paragraph 15 substitute—

(15) (1) The seed must— (a) be practically free from any pests which reduce the usefulness and quality of the propagating material, and (b) comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as with the measures adopted pursuant to Article 30(1) of that Regulation. (2) The presence of RNQPs on the seeds and the respective categories must comply with the following requirements as set out in the table—

Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes	Fungi and oomycetes
	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum percentage of pre-basic, basic and certified seed that may be contaminated by fungi listed in columns 2 to 6	Maximum number of sclerotia or fragments thereof that may be found in a laboratory examination of a seed lot of pre-basic, basic and certified seed of the weight specified in column 4 of the table specified in paragraph 24 of Part II of schedule 5
(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].	(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].	(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].	(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].	(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].	(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].	(1) Other thanFusarium oxysporumf. sp.albedinis[FUSAAL] andFusarium circinatum[GIBBCI].
(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.	(2) Except Boeremia exigua var. linicola on flax where the threshold in column 3 applies.
Column 1 Plants for planting (genus or species)	Column 2 Botrytis cinerea [BOTRCI]	Column 3 Boeremia exigua var. linicola [PHOMEL]	Column 4 Alternaria linicola [ALTELI], Boeremia exigua var. linicola[PHOMEL], Colletotrichum lini [COLLLI] and Fusariumspp. [1FUSAG][^f01003] (individually[^f01004] or in combination with the other fungi)	Column 5 Diaporthe caulivora[DIAPPC] Diaporthe phaseolorumvar. sojae [DIAPPS] (for infection with the Phomopsis complex)	Column 6 Plasmopara halstedii [PLASHA]	Column 7 Sclerotinia sclerotiorum [SCLESC]
Flax	5%	1%	5%	N/A	N/A	N/A
Linseed	5%	N/A	5%	N/A	N/A	N/A
Sunflower	5%	N/A	N/A	N/A	0%	N/A
Swede rape	N/A	N/A	N/A	N/A	N/A	10
Turnip rape	N/A	N/A	N/A	N/A	N/A	5
White mustard	N/A	N/A	N/A	N/A	N/A	5
Soya bean	N/A	N/A	N/A	15%	N/A	N/A.

• (4) In schedule 5, in Part 2 (maximum and minimum weights), in the heading of column 4 of the table in paragraph 24, for the words from “, and” to the end substitute “and column 7 of the table in paragraph 15(2) of Part II of Schedule 4”.

Amendment of the Cereal Seed (Scotland) Regulations 2005

6

• (1) The Cereal Seed (Scotland) Regulations 2005[^f00013] are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “Equivalence Decision” insert—

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC[^f00014];

• (b) after the definition of “professional seed operator” insert—

• “protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation;

• (c) after the definition of “registered or licensed number” insert—

• “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;

• (d) after the definition of “UK National List” insert—

• “Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation;

• (3) In schedule 4 (requirements for certain types of seed)—

• (a) in Part 1 (conditions relating to crops from which seed is obtained), for paragraph 4 substitute—

(4) (1) The crop must be practically free from any pests which reduce the usefulness and quality of the seed. (2) The crop must also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation,as well as the measures adopted pursuant to Article 30(1) of that Regulation.

• (b) in Part 2 (conditions relating to certain types of seed), for paragraph 17 substitute—

(17) (1) The seed must be practically free from any pests which reduce the usefulness and quality of the seed. (2) The seed must also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

Amendment of the Fodder Plant Seed (Scotland) Regulations 2005

7

• (1) The Fodder Plant Seed (Scotland) Regulations 2005[^f00015] are amended as follows.

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “Equivalence Decision” insert—

• “the EU Plant Health Regulation” means Regulation (EU) 2016/2031 of the European Parliament of the Council on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC[^f00016];

• (b) after the definition of “professional seed operator” insert—

• “protected zone quarantine pest” has the meaning given in Article 32 (recognition of protected zones), paragraph 1 of the EU Plant Health Regulation;

• (c) after the definition of “registered or licensed number” insert—

• “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;

• (d) after the definition of “UK National List” insert—

• “Union quarantine pest” has the meaning given in Article 4 (definition of Union quarantine pests) of the EU Plant Health Regulation;

• (3) In schedule 4 (requirements for certain categories of seed)—

• (a) in Part 1 (conditions relating to certain crops), for paragraph 4 substitute—

(4) (1) The crop must be practically free from any pests which reduce the usefulness and quality of the seed. (2) The crop must also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation. (3) The presence of RNQPs on the crop and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for the production of pre-basic seed	Thresholds for the production of basic seed	Thresholds for the production of certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%

• (b) in Part 2 (conditions relating to certain categories of seed), for paragraph 12 substitute—

(12) (1) The seed must be practically free from any pests which reduce the usefulness and quality of the seed. (2) The seed must also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to the EU Plant Health Regulation, as well as the measures adopted pursuant to Article 30(1) of that Regulation. (3) The presence of RNQPs on the seeds and the respective categories must comply with the requirements set out in the following table—

RNQPs or symptoms caused by RNQPs	Plants for planting (genus or species)	Thresholds for pre-basic seed	Thresholds for basic seed	Thresholds for certified seed
Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]	Lucerne	0%	0%	0%
Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]	Lucerne	0%	0%	0%

Amendment of the Seed Potatoes (Scotland) Regulations 2015

8

• (1) The Seed Potatoes (Scotland) Regulations 2015[^f00017] are amended as follows.

• (2) In schedule 1 (conditions for certification and grading of Scottish seed potatoes), in Part 1 (general), in paragraph 5(1)(h)—

• (a) after sub-head (vii), omit “and”,

• (b) after sub-head (viii) insert—

(ix) CandidatusLiberibacter solanacearum Lieftinget al; and (x) Candidatus Phytoplasma solani Quaglino et al.

• (3) In schedule 2 (certification and grading: requirements and tolerances), in paragraph 2—

• (a) in column 4 of both rows (PBTC and PB) in Table 1—

• (i) after paragraph (e) omit “and”, and

• (ii) after paragraph (f) insert—

(g) Candidatus Liberibacter solanacearum Liefting et al., [LIBEPS] – nil; (h) Candidatus Phytoplasma solani Quaglino et al., [PHYPSO] – nil; and (i) Potato spindle tuber viroid [PSTVD0] – nil.

• (b) in column 4 of each row (S, SE and E) in Table 2—

• (i) after paragraph (e) omit “and”, and

• (ii) after paragraph (f) insert—

(g) Candidatus Liberibacter solanacearum Liefting et al., [LIBEPS] – nil; (h) Candidatus Phytoplasma solani Quaglino et al., [PHYPSO] – nil; and (i) Potato spindle tuber viroid [PSTVD0] – nil.

• (4) In schedule 6 (tolerances for diseases, pests, damage and defects), in paragraph 5—

• (a) in table 1, after the last row (Colorado Beetle) of Group 1, insert—

Candidatus Liberibacter solanacearum Liefting et al., [LIBEPS]	Nil

• (b) in table 2, after the last row (Colorado Beetle) of Group 1, insert—

Candidatus Liberibacter solanacearum Liefting et al., [LIBEPS]	Nil

• (c) in table 3, after the last row (Colorado Beetle) of Group 1 in each part ((a): grade S, (b): grade SE and (c): grade E) of the table, insert—

Candidatus Liberibacter solanacearum Liefting et al., [LIBEPS]	Nil

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

9

• (1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017[^f00018] are amended as follows.

• (2) In regulation 2 (interpretation), after the definition of “responsible official body” insert—

• “RNQP” means a Union regulated non-quarantine pest within the meaning given in Article 36 (definition of Union regulated non-quarantine pests) of the EU Plant Health Regulation;

• (3) In regulation 15 (supplier’s duties – removal of non-compliant materials and notification of disease), in paragraph (4), for the words from “Table IA” to the end substitute “schedule 6 or 6A.”.

• (4) In regulation 17 (supplier’s duties – record keeping), in paragraph (2)(b)—

• (a) omit “Table IA, IB, II or III of”,

• (b) for “schedule 6” substitute “schedules 6, 6A or 6B”.

• (5) In schedule 2 (certification requirements)—

• (a) in Part 2 (pre-basic material)—

• (i) in paragraph 9—

• (aa) in sub-paragraph (1), omit “Tables IA and IB of”,

• (bb) in sub-paragraph (2), for “Table II in schedule 6” substitute “schedule 6A”,

• (cc) in sub-paragraph (3), for “Table II of schedule 6” substitute “schedule 6A”,

• (dd) in sub-paragraph (4)(a), omit “Tables IA and IB in”,

• (ee) in sub-paragraph (4)(b), for “Table II of schedule 6” substitute “schedule 6A”,

• (ii) for paragraph 10 substitute—

(10) (1) A pre-basic mother plant or pre-basic material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned. (2) The visual inspection mentioned in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier. (3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the pre-basic mother plant or pre-basic material for the RNQPs listed in schedule 6A, in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category. (4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the pre-basic mother plant or pre-basic material concerned. (5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)— (a) Scottish Ministers, persons acting on their behalf and the supplier must— (i) apply protocols of EPPO, or other internationally recognised protocols, or (ii) where the protocols referred to in sub-head (i) do not exist— (aa) apply the relevant protocols established at national level, and (bb) on request, make available those protocols to member States and to the European Commission, and (b) where appropriate, the supplier must submit the samples to laboratories officially accepted by the Scottish Ministers. (6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, the supplier must remove the infested pre-basic mother plant or pre-basic material from the vicinity of other pre-basic mother plants and pre-basic material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7. (7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category. (8) Sub-paragraphs (1) to (4) do not apply to pre-basic mother plants and pre-basic material during cryopreservation.

• (iii) in paragraph 11—

• (aa) in the heading, after “requirements” insert “for pre-basic mother plants and pre-basic material”,

• (bb) for “Table III of schedule 6” in each place where it occurs substitute “schedule 6B”,

• (b) in Part 3 (basic material)—

• (i) for paragraph 17 substitute—

(17) (1) A basic mother plant or basic material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned. (2) The visual inspection referred to in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier. (3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the basic mother plant or basic material for the RNQPs listed in schedule 6A in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category. (4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the basic mother plant or basic material concerned. (5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)— (a) Scottish Ministers, persons acting on their behalf and the supplier must— (i) apply protocols of EPPO, or other internationally recognised protocols, or (ii) where the protocols referred to in sub-head (i) do not exist— (aa) apply the relevant protocols established at national level, and (bb) on request, make available those protocols to member States and to the Commission, and (b) where appropriate, the supplier must submit samples to laboratories officially accepted by the Scottish Ministers. (6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, the supplier must remove the infested basic mother plant or basic material from the vicinity of other basic mother plants and basic material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7. (7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category. (8) Sub-paragraphs (1) to (4) do not apply to basic mother plants and basic material during cryopreservation.

• (ii) in paragraph 18—

• (aa) in the heading, after “requirements” insert “for basic mother plants and basic material”,

• (bb) for “Table III in schedule 6” in each place where it occurs substitute “schedule 6B”,

• (c) in Part 4 (certified material)—

• (i) for paragraph 23 substitute—

(23) (1) A certified mother plant or certified material must, by visual inspection in the facilities, fields and lots, be found free from the RNQPs listed in schedules 6 and6A in accordance with the provisions of column 3 of schedule 7, as regards the genus or species concerned. (2) The visual inspection referred to in sub-paragraph (1) must be carried out by or on behalf of the Scottish Ministers and, where appropriate, the supplier. (3) The Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the certified mother plant or certified material for the RNQPs listed in schedule 6A in accordance with the provisions of column 4 of schedule 7, with regard to the genus or species concerned and category. (4) Where there are doubts concerning the presence of the RNQPs listed in schedule 6, the Scottish Ministers, persons acting on their behalf and, where appropriate, the supplier must carry out sampling and testing of the certified mother plant or certified material concerned. (5) In relation to the sampling and testing referred to in sub-paragraphs (3) and (4)— (a) Scottish Ministers, persons acting on their behalf and the supplier must— (i) apply protocols of EPPO, or other internationally recognised protocols, or (ii) where the protocols referred to in sub-head (i) do not exist— (aa) apply the relevant protocols established at national level, and (bb) on request, make available those protocols to member States and to the Commission, and (b) where appropriate, the supplier must submit samples to laboratories officially accepted by the Scottish Ministers. (6) In the event of a positive test result for any of the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, the supplier must remove the infested certified mother plant or certified material from the vicinity of other certified mother plants and certified material pursuant to regulation 15, or take appropriate measures pursuant to columns 4 and 5 of schedule 7. (7) The measures to ensure compliance with the requirements of sub-paragraphs (1) to (4) are set out in schedule 7, with regard to the genus or species concerned and category. (8) Sub-paragraphs (1) to (4) do not apply to certified mother plants and certified material during cryopreservation.

• (ii) in paragraph 24—

• (aa) in the heading, after “requirements” insert “for certified mother plants and certified material”,

• (bb) for “Table III in schedule 6” in each place where it occurs substitute “schedule 6B”,

• (cc) after sub-paragraph (2) insert—,

(2A) Unless otherwise stated, sampling and testing is not required under sub-paragraph (1) in the case of certified fruit plants.

• (d) after Part 4 (certified material) insert—

(25) In addition to the health and soil requirements of paragraphs 9, 10, 11, 17, 18, 23 and 24, propagating material and fruit plants must be produced in accordance with the requirements for the production site, place of production, or area as laid down in column 5 of schedule 7, in order to limit the presence of the RNQPs listed in that schedule for the genus or species concerned.

• (6) In schedule 3 (CAC material)—

• (a) in paragraph 1—

• (i) in sub-paragraph (1)—

• (aa) in head (c), for the words from “, or where there is doubt” to the end substitute “carried out in the facilities, fields and lots at the stage of production, to be substantially free from the RNQPs listed in schedules 6 and6A, as regards the genus or species concerned, unless stated otherwise in schedule 7;”,

• (bb) after head (c) insert—

(ca) in relation to the RNQPs listed in schedule 6A, sampling and testing by the supplier is carried out in accordance with column 4 of schedule 7 with regard to the genus or species concerned and category; (cb) in the event that there are doubts concerning the presence of the RNQPs listed in schedule 6, it is found as a result of sampling and testing by the supplier to be substantially free from those RNQPs;

• (cc) omit head (d),

• (ii) after sub-paragraph (1) insert—

(1A) CAC propagating material and CAC fruit plants in lots, after the stage of production, may only be marketed if found free from signs or symptoms of the pests listed in schedules 6 and 6A, upon visual inspection carried out by the supplier.

• (iii) in sub-paragraph (2), for the words “mentioned in sub-paragraph (1)(c)” substitute “and sampling and testing mentioned in sub-paragraphs (1)(c), (ca) and (cb) and (1A)”,

• (b) in paragraph 2(1)(b), for “Tables IA, IB and II in schedule 6” substitute “schedules 6 and 6A”,

• (c) after paragraph 3 insert—

(4) In addition to the health and soil requirements of paragraph 1(1)(c), (ca) and (cb), (1A) and (2), propagating material and fruit plants must be produced in accordance with the requirements for the production site, place of production, or area as laid down in column 5 of schedule 7, in order to limit the presence of the RNQPs listed in that schedule for the genus or species concerned.

• (7) For schedule 6 (pests) substitute—

SCHEDULE6