# Commission Implementing Directive 2014/98/EUShow full title

Commission Implementing Directive 2014/98/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards specific            requirements for the genus and species of fruit plants referred to in Annex I thereto, specific requirements to be met by            suppliers and detailed rules concerning official inspections         

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U.K.

# Commission Implementing Directive 2014/98/EU                     

# of 15 October 2014

# implementing Council Directive 2008/90/EC as regards specific requirements for the genus and species of fruit plants referred                        to in Annex I thereto, specific requirements to be met by suppliers and detailed rules concerning official inspections                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and                           fruit plants intended for fruit production(1), and in particular Article 4 and Articles 6(4), 9(1) and 13(3) thereof,                        

Whereas:

(1)Provisions for the certification and marketing of pre-basic, basic and certified material should take into account the different                              production cycles of the various genera and species covered by this Directive.

(2)It is necessary that pre-basic material complies with very strict requirements concerning health and quality in order to ensure                              health and quality of the propagating material and fruit plants derived from pre-basic material.

(3)In order to ensure the identification and quality of pre-basic material, it is appropriate to lay down rules concerning the                              establishment and verification of its trueness to the variety to which that material belongs. Moreover, identification and                              quality of pre-basic material should be ensured through rules concerning its propagation, which may include renewal and multiplication.                              In order to ensure the health of pre-basic material, it is important to lay down rules concerning the absence of pests, inspections,                              sampling and testing, as appropriate for the genus and species concerned. Furthermore, the quality of that material should                              be ensured through the adoption of rules concerning defects.

(4)In order to ensure the identification and quality of rootstocks not belonging to a variety, those rootstocks should be true                              to the description of the species to which they belong.

(5)It is necessary that plants from which material is intended to be taken for the production of basic material or certified                              material, other than fruit plants, are identified. Those plants are referred to as ‘mother plants’. Mother plants for the                              production of pre-basic material (pre-basic mother plants) should fulfil the same requirements as pre-basic material. Pre-basic                              mother plants and pre-basic material should be identified throughout the production process. The responsible official body                              should establish the trueness of the pre-basic mother plant to the description of its variety by the observation of the expression                              of the characteristics of the variety. Furthermore, the trueness to the description of the variety of the pre-basic mother                              plant and of the derived pre-basic material should be verified regularly.

(6)In the case of material intended for certification, the trueness to the description of a variety should be established on                              the basis of an official description of that variety, which ensures that the variety is distinct, uniform and stable, the                              description accompanying an application for registration or for a plant variety right or an officially recognised description.                              In case of a variety with an officially recognised description, it is appropriate to require that the variety has been registered                              in a national register in order to ensure that that description is appropriate for the material under certification.

(7)In the case of pre-basic and basic material, the establishment of trueness to the description of the variety should also be                              possible on the basis of a description accompanying the application for registration of a variety in a Member State and of                              a description accompanying the application for registration of a plant variety right, provided that a report is already available                              in the Union or in a third country indicating that the respective variety is distinct, uniform and stable. The purpose of                              granting that possibility is to accelerate the initial phases of the certification process, in cases where the registration                              of the variety is close to completion but still pending. However, and in order to ensure transparency and informed choices                              for the users of that material, its marketing should only be allowed once the variety registration has been concluded.

(8)It is important that strict provisions apply concerning the protection of pre-basic material from all types of infections                              by pests. Therefore the suppliers should maintain pre-basic mother plants and pre-basic material in designated facilities,                              which are insect proof and ensure freedom from infection through aerial vectors and any other possible sources. For the same                              reason, pre-basic mother plants and pre-basic material should be grown or produced, isolated from the soil, in pots of soil-free                              or of sterilised growing media. However, and in order to address particular production needs, Member States should be permitted                              to apply for the authorisation to produce pre-basic mother plants and pre-basic material in the field provided that appropriate                              measures are taken to prevent infection by the relevant pests.

(9)Council Directive 2000/29/EC(2) sets out the rules preventing the introduction into the Union of certain harmful organisms and their spread therein. This                              includes requirements for certain genera and species that complement the certification requirements in this Directive in respect                              of harmful organisms covered by Directive 2000/29/EC. Additional rules on other harmful organisms should be set out. Where                              a pest could cause unacceptable damage to the health or usefulness of pre-basic material of the genera or species concerned,                              its absence should be required. Those pests should be listed. Where a pest could cause such damage only when its presence                              exceeds certain levels, its presence should only be prohibited in quantities exceeding those levels. Those pests should be                              listed separately from those whose absence is required.

(10)Candidate pre-basic mother plants constitute the starting point of the production and certification process of propagating                              material and fruit plants. For that reason, they should be subject to the most stringent phytosanitary requirements to ensure                              freedom from the relevant pests. In view of the biology and characteristics of the respective genera or species of the plants                              and the relevant pests concerned, visual inspections of the candidate pre-basic mother plants should be required for the presence                              of the pests listed in Annex I. In case of doubts regarding the presence of those pests, each candidate pre-basic mother plant                              should be sampled and tested in order to ensure accurate findings. Each candidate pre-basic mother plant should be tested                              for the pests listed in Annex II to ensure with certainty the absence of the relevant pests. Very similar requirements should                              apply to pre-basic mother plants produced by renewal due to their importance for the further production and certification                              process.

(11)In view of the biology and characteristics of the respective genera or species of the plants and the relevant pests concerned,                              visual inspections of the pre-basic mother plants or pre-basic material should be required for the presence of the pests listed                              in Annexes I and II. In case of doubts regarding the presence of those pests, pre-basic mother plants and pre-basic material                              should be sampled and tested in order to ensure accurate findings.

(12)In view of the biology and characteristics of the respective genera or species of the plants and the pests concerned, appropriate                              rules should be established concerning the frequencies of visual inspections, sampling and testing of basic mother plants,                              basic material, certified mother plants and certified material. Those rules should be based on the experience gathered by                              the responsible official bodies and the fruit plant producers during the application of national certification schemes. Those                              rules should take into account the needs of the users of a particular category.

(13)The presence of certain pests, and in particular nematodes, in the soil may cause unacceptable damage to the health and usefulness                              of the plants concerned, in case those pests host viruses affecting the genera or species concerned. Therefore those pests                              should be listed and identified separately, and their presence in the respective soil should not be permitted, unless they                              are shown by testing to be free of the relevant viruses. Sampling and testing should show whether those pests or the relevant                              viruses are present. For the setting of the rules concerning sampling and testing, the different categories of propagating                              material and fruit plants should be taken into account. However, it is proportionate to permit, under certain conditions,                              that sampling and testing does not need to be carried out where host plants have not been grown in the field of production                              for a period of at least five years.

(14)Where sampling and testing is carried out, it should take place in accordance with the protocols of the European and Mediterranean                              Plant Protection Organization (EPPO), or other protocols which are internationally recognised. This is necessary to ensure                              that the practice of sampling and testing carried out in the Union is up to date with the international scientific and technical                              developments. Where such protocols are not available, sampling and testing should take place in accordance with relevant protocols                              established at national level.

(15)The quality and usefulness of pre-basic mother plants and pre-basic material may be affected by injuries, discoloration, scar                              tissues, desiccation and other defects. Therefore, it should be laid down that pre-basic mother plants and pre-basic material                              must be practically free from any such defects.

(16)In order to guarantee the appropriate quality of the propagating material, rules should be laid down for its maintenance under                              appropriate conditions. Those conditions should depend on the category of the propagating material and fruit plants under                              certification. In view of recent developments it is important to also allow the maintenance method of cooling to ultra-low                              temperatures, known as cryopreservation. This is considered a useful alternative to *in vitro* culture because the properties of the propagating material will remain unchanged during storage at these temperatures.

(17)Basic material constitutes the next stage of production process after pre-basic material. Therefore mother plants for the                              production of basic material (basic mother plants) should either be grown from pre-basic material or multiplied from other                              basic mother plants.

(18)The requirements concerning basic material should be the same as the requirements for pre-basic material concerning identification,                              health and quality, because those requirements are equally important for the health and usefulness of basic material. However,                              basic material should be permitted to be produced in open fields to facilitate its effective propagation into the next generations                              and categories. Therefore, the requirements for the maintenance of basic material should allow maintenance in insect proof                              facilities or in fields isolated from potential sources of infection by aerial vectors, root contact, cross infection by machinery,                              grafting tools and any other possible sources.

(19)Basic mother plants which are grown from pre-basic material should be permitted to be multiplied in a number of generations                              to attain the number of basic mother plants necessary for the production of basic and certified material. Different generations                              of basic mother plants should be kept separate from each other and identifiable throughout the production process.

(20)Certified material and certified fruit plants may constitute the next stage of the production process after pre-basic material                              or basic material. Therefore mother plants for the production of certified material (certified mother plants) should be grown                              from either pre-basic material or basic material.

(21)Minimum requirements should be adopted to ensure a harmonised procedure for the establishment and verification of the trueness                              to the description of the variety, concerning propagating material and fruit plants to be qualified as CAC material. Those                              requirements should be less stringent than the requirements for pre-basic, basic and certified material, since CAC material                              gives rise to lower expectations on the part of users concerning its health and quality, as simpler production procedures                              and stages are applied. However, suppliers should ensure the identification of material intended to be used for propagation.                              Moreover, it should be ensured that quality and health standards, appropriate as regards the cultivation of CAC material and                              the expectations of the users of that propagating material, apply. In view of the nature of the pests affecting certain *Citrus* L. species, *Fortunella* Swingleand *Poncirus* Raf., specific rules concerning visual inspection, sampling and testing are necessary in order to ensure that the respective                              propagating material or fruit plants are of adequate quality and health.

(22)In order to allow the responsible official body to conduct official inspections and to verify if the propagating material                              and fruit plants comply with the quality and health standards for official certification set out in this Directive, the supplier                              should have in place a plan to identify and monitor critical points in the production process of propagating material and                              fruit plants for the relevant genera or species, and should keep records on that monitoring. The plan and records of field                              inspections, sampling and testing should be kept as long as the respective propagating material or fruit plants remain under                              the control of the supplier, and for a period of at least three years after that propagating material or those fruit plants                              are removed or marketed.That period is necessary to allow the detection of pests on woody plants where the symptoms may only                              become apparent several years after the infection has occurred.

(23)Member States should ensure that propagating material and fruit plants are officially inspected during production and marketing                              in order to verify compliance with the requirements and conditions set out in this Directive. In order to ensure a harmonised                              procedure to carry out official inspections, rules should be laid down with respect to visual inspection and, where appropriate,                              sampling and testing.

(24)In order to avoid any disruption of trade, Member States should be allowed to authorise, for a transitional period, the marketing                              in their own territory of propagating material and fruit plants produced from pre-basic, basic and certified mother plants                              or from CAC mother plants which already existed at the date of application of this Directive even if that material or those                              fruit plants do(es) not fulfil the new conditions.

(25)Commission Directives 93/48/EEC(3) and 93/64/EEC(4) should be repealed.

(26)The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Propagating Material                              and Plants of Fruit Genera and Species,

HAS ADOPTED THIS DIRECTIVE:

## CHAPTER 1U.K.**DEFINITIONS AND GENERAL PROVISIONS**

### Article 1U.K.Definitions

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

‘mother plant’ means an identified plant intended for propagation;

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

‘pre-basic mother plant’ means a mother plant intendedfor the production of pre-basic material;

‘basic mother plant’ means a mother plant intendedfor the production of basic material;

‘certified mother plant’ means a mother plant intendedfor the production of certified material;

‘pest’ means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products and                              listed in Annexes I, II and III;                           

‘visual inspection’ means the examination of plants or parts of plants using the unaided eye, lens, stereoscope or microscope;

‘test’ means examination, other than visual inspection;

‘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 that mother plant;                           

‘category’ means pre-basic material, basic material, certified material or CAC material;

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

‘renewal of a mother plant’ means replacing a mother plant by a plant vegetatively produced from it;

‘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;                           

‘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;                           

‘practically free from pests’ means that the extent to which pests are present on the propagating material or fruit plants                              is sufficiently low to ensure acceptable quality and usefulness of the propagating material;                           

‘laboratory’ means any facility used for the testing of propagating material and fruit plants;

‘cryopreservation’ means the maintenance of plant material by cooling to ultra-low temperatures, in order to retain the viability                              of the material.                           

### Article 2U.K.General provisions

1.Member States shall ensure that propagating material and fruit plants belonging to the genera and species listed in Annex                        I to Directive 2008/90/EC comply, during production and marketing, with Articles 3 to 27 of this Directive, as appropriate.                  

2.Member States shall ensure that, during production of propagating material and fruit plants belonging to the genera and species                        listed in Annex I to Directive 2008/90/EC, suppliers comply with the requirements set out in Articles 28 and 29.                  

3.Member States shall ensure that, during production and marketing, propagating material and fruit plants, belonging to the                        genera and species listed in Annex I to Directive 2008/90/EC, are officially inspected in accordance with Article 30.                  

4.Propagating material that fulfils the requirements of a certain category shall not be mixed with material of other categories.                  

## CHAPTER 2U.K.**REQUIREMENTS FOR PROPAGATING MATERIAL AND, WHERE APPLICABLE, FRUIT PLANTS**

### *SECTION 1*U.K.***Requirements for pre-basic material***

#### Article 3U.K.Requirements for the certification of pre-basic material

1.Propagating material, other than mother plants and other than rootstocks not belonging to a variety, shall, on request, be                        officially certified as pre-basic material if it has been found to fulfil the following requirements:                  

(a)it is directly propagated from a mother plant in accordance with Article 13 or Article 14;                  

(b)it is true to the description of its variety and its trueness to the description of the variety is verified pursuant to Article                        7;                  

(c)it is maintained pursuant to Article 8;                  

(d)it complies with the health requirements of Article 10;                  

(e)where the Commission has granted a derogation pursuant to Article 8(4) to grow pre-basic mother plants and pre-basic material                        in the field under non-insect proof conditions, the soil complies with Article 11;                  

(f)it complies with Article 12 concerning defects.                  

2.The mother plant referred to in paragraph (1)(a) shall either have been accepted in accordance with Article 5, or have been                        obtained by multiplication in accordance with Article 13 or micropropagation in accordance with Article 14.                  

3.Where a pre-basic mother plant or pre-basic material no longer fulfils the requirements of Articles 7 to 12, the supplier                        shall remove it from the vicinity of other pre-basic mother plants and pre-basic material. That removed mother plant or material                        may be used as basic, certified or CAC material provided that it fulfils the requirements set out in this Directive for the                        respective categories.                  

Instead of removing that mother plant or that material, the supplier may take appropriate measures in order to ensure that                     that mother plant or that material complies with those requirements again.                  

#### Article 4U.K.Requirements for the certification of rootstocks not belonging to a variety as pre-basic material

1.A rootstock not belonging to a variety, shall, on request, be officially certified as pre-basic material if it has been found                        to fulfil the following requirements:                  

(a)it is directly propagated, by vegetative or sexual propagation from a mother plant; in the case of sexual propagation pollinating                        trees (pollenisers) are directly produced by vegetative propagation from a mother plant;                  

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

(c)it is maintained pursuant to Article 8;                  

(d)it complies with the health requirements of Article 10;                  

(e)where the Commission has granted a derogation pursuant to Article 8(4) to grow pre-basic mother plants and pre-basic material                        in the field under non-insect proof conditions, the soil complies with Article 11;                  

(f)it complies with Article 12 concerning defects.                  

2.The mother plant referred to in paragraph (1)(a) shall either have been accepted in accordance with Article 6, or have been                        obtained by multiplication in accordance with Article 13 or micropropagation in accordance with Article 14.                  

3.Where a rootstock which is a pre-basic mother plant or pre-basic material no longer fulfils the requirements of Articles 8                        to 12, the supplier shall remove it from the vicinity of other pre-basic mother plants and pre-basic material. That removed                        rootstock may be used as basic, certified or CAC material provided that it fulfils the requirements set out in this Directive                        for the respective categories.                  

Instead of removing that rootstock, the supplier may take appropriate measures in order to ensure that that rootstock complies                     with those requirements again.                  

#### Article 5U.K.Requirements for the acceptance of a pre-basic mother plant

1.The responsible official body shall accept a plant as a pre-basic mother plant if it complies with Articles 7 to 12, and if                        its trueness to the description of its variety is established in accordance with paragraphs 2, 3 and 4.                  

That acceptance shall take place on the basis of an official inspection and the testing results, records and procedures pursuant                     to Article 30.                  

2.The responsible official body shall establish the trueness of the pre-basic mother plant to the description of its variety                        by the observation of the expression of the characteristics of the variety. That observation shall be based on one of the                        following elements:                  

(a)the official description for varieties registered in any of the national registers, and for varieties legally protected by                        a plant variety right;                  

(b)the description accompanying the application for varieties which are the subject of an application for registration in any                        Member State, as referred to in Article 5(1)of Commission Implementing Directive 2014/97/EU(5);                  

(c)the description accompanying the application for varieties which are the subject of an application for registration of a plant                        variety right;                  

(d)the officially recognised description, if the variety subject to that description is registered in a national register.                  

3.Where point (b) or point (c) of paragraph 2 applies, the pre-basic mother plant shall only be accepted if a report, produced                        by any responsible official body in the Union or in a third country, is available proving that the respective variety is distinct,                        uniform and stable. However, pending the registration of the variety, the mother plant concerned and the material produced                        from it may only be used for the production of basic or certified material and shall not be marketed as pre-basic, basic or                        certified material.                  

4.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, the observation of the expression of the characteristics of the variety shall be carried out on the fruits                        of a fruiting plant propagated from the pre-basic mother plant. Those fruiting plants shall be kept separate from the pre-basic                        mother plants and pre-basic material.                  

Fruiting plants shall be visually inspected in the most appropriate periods of the year taking into account climatic and growing                     conditions of plants of the genera or species concerned.                  

#### Article 6U.K.Requirements for the acceptance of a rootstock not belonging to a variety

The responsible official body shall accept a rootstock not belonging to a variety as a pre-basic mother plant if it is true                     to the description of its species and if it complies with Articles 8 to 12.                  

That acceptance shall take place on the basis of an official inspection and the testing results, records and procedures used                     by the supplier pursuant to Article 30.                  

#### Article 7U.K.Verification of trueness to the description of the variety

The responsible official body and, where appropriate, the supplier shall regularly verify the trueness of pre-basic mother                     plant*s* and of pre-basic material to the description of their variety, in accordance with Article 5(2) and (3), as appropriate for                     the variety concerned and the propagation method used.                  

In addition to the regular verification of pre-basic mother plants and pre-basic material, the responsible official body and,                     where appropriate, the supplier shall, after each renewal, verify the pre-basic mother plants resulting from it.                  

#### Article 8U.K.Requirements concerning the maintenance of pre-basic mother plants and pre-basic material

1.The suppliers shall maintain pre-basic mother plants and pre-basic material in facilities, which are designated for the genera                        or species concerned, and which are insect proof and ensure freedom from infection through aerial vectors and any other possible                        sources throughout the production process.                  

Candidate pre-basic mother plants shall be kept under insect proof conditions, and physically isolated from pre-basic mother                     plants in the facilities referred to in the first subparagraph, until all tests concerning compliance with Article 9(1) and                     (2) have been concluded.                  

2.Pre-basic mother plants and pre-basic material shall be maintained in a manner that ensures that they are individually identified                        throughout the production process.                  

3.Pre-basic mother plants and pre-basic material shall be grown or produced, isolated from the soil, in pots of soil-free or                        of sterilised growing media. They shall be identified by labels ensuring their traceability.                  

4.By way of derogation from paragraphs 1, 2 and 3 a Member State may be granted authorisation to produce pre-basic mother plants                        and pre-basic material in the field under non-insect proof conditions for specific genera or species. Such material shall                        be identified by labels to ensure its traceability. That authorisation shall be granted provided that the Member State concerned                        ensures that appropriate measures are taken to prevent infection of the plants by aerial vectors, root contact, cross infection                        by machinery, grafting tools and any other possible sources.                  

5.Pre-basic mother plants and pre-basic material may be maintained by cryopreservation.                  

6.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.                  

#### Article 9U.K.Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal

1.A candidate pre-basic mother plant shall be free from the pests listed in Annex I, as regards the genus or species concerned.                  

The candidate pre-basic mother plant concerned shall, by visual inspection in the facilities and fields be found free from                     the pests listed in Annex I, as regards the genus or species concerned.                  

That visual inspection shall be carried out by the responsible official body and, where appropriate, the supplier.

In case of doubts concerning the presence of those pests, the responsible official body and, where appropriate, the supplier                     shall carry out sampling and testing of the candidate pre-basic mother plant concerned.                  

2.A candidate pre-basic mother plant shall be free from the pests listed in Annex II, as regards the genus or species concerned.                  

The candidate pre-basic mother plant concerned shall, by visual inspection in the facilities and fields, and by sampling and                     testing, be found free from the pests listed in Annex II, as regards the genus or species concerned.                  

That visual inspection, sampling and testing shall be carried out by the responsible official body and, where appropriate,                     the supplier.                  

That sampling and testing shall take place 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. Sampling and testing shall                     also take place at any time of the year in case of doubts concerning the presence of those pests.                  

3.As regards the sampling and testing, as provided for in paragraphs 1 and 2, Member States shall apply protocols of the European                        and Mediterranean Plant Protection Organization (EPPO), or other protocols which are internationally recognised. Where such                        protocols do not exist, the responsible official body shall apply the relevant protocols established at national level. In                        that case, Member States shall, on request, make available those protocols to the other Member States and to the Commission.                  

The responsible official body and, where appropriate, the supplier shall submit the samples to laboratories officially accepted                     by the responsible official body.                  

The testing method for viruses, viroids, virus-like diseases and phytoplasmas applied to candidate pre-basic mother plants                     shall be biological indexing on indicator plants. Other test methods may be applied in case the Member State considers, on                     the basis of peer reviewed scientific evidence, that they produce results as reliable as biological indexing on indicator                     plants.                  

4.By way of derogation from paragraph 2, where a candidate pre-basic mother plant is a seedling, visual inspection, sampling                        and testing shall only be required in respect of viruses, viroids or virus-like diseases transmitted by pollen and listed                        in Annex II, as regards the genus or species concerned, provided that an official inspection has confirmed that the seedling                        concerned was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids and virus-like diseasesand                        that that seedling has been maintained in accordance with Article 8(1) and (3).                  

5.Paragraphs 1 and 3 shall also apply to a pre-basic mother plant produced by renewal.                  

A pre-basic mother plant produced by renewal shall be free from the viruses and viroids listed in Annex II, as regards the                     genus or species concerned.                  

That pre-basic mother plant shall, by visual inspection in the facilities, fields and lots, and by sampling and testing, be                     found free from those viruses and viroids.                  

That visual inspection, sampling and testing shall be carried out by the responsible official body and, where appropriate,                     the supplier.                  

#### Article 10U.K.Health requirements for pre-basic mother plants and for pre-basic material

1.A pre-basic mother plant or pre-basic material shall be free from the pests listed in Part A of Annex I and Annex II, as regards                        the genus or species concerned.                  

The pre-basic mother plant or the pre-basic material concerned shall, by visual inspection in the facilities, fields and lots,                     be found free from the pests listed in Part A of Annex I and Annex II, as regards the genus or species concerned. That visual                     inspection shall be carried out by the responsible official body and, where appropriate, the supplier.                  

The percentage of pre-basic mother plants or pre-basic material, which is infested by the pests listed in Part B of Annex I,                     shall not exceed the tolerance levels as set out therein. The pre-basic mother plants or the pre-basic material concerned                     shall, by visual inspection in the facilities, fields and lots, be found to comply with those levels. That visual inspection                     shall be carried out by the responsible official body and, where appropriate, the supplier.                  

In case of doubts concerning the presence of those pests, the responsible official body and, where appropriate, the supplier                     shall carry out sampling and testing of the pre-basic mother plant or pre-basic material concerned.                  

2.The responsible official body and, where appropriate, the supplier shall carry out visual inspection, sampling and testing                        of a pre-basic mother plant or pre-basic material, as set out in Annex IV as regards the genus or species concerned.                  

3.As regards sampling and testing, as provided for in paragraph 1, Member States shall apply protocols of EPPO, or other protocols                        which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant                        protocols established at national level. In that case, Member States shall, on request, make available those protocols to                        the other Member States and to the Commission.                  

The responsible official body and, where appropriate, the supplier shall submit the samples to laboratories officially accepted                     by the responsible official body.                  

4.Paragraph 1 shall not apply to pre-basic mother plants and pre-basic material during cryopreservation.                  

#### Article 11U.K.Soil requirements

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, for the genus or species concerned, and which host viruses affecting that genus or species. Freedom from such pests shall                        be established by sampling and testing.                  

That sampling shall be carried out by the responsible official body and, where appropriate, the supplier.

That sampling and testing shall be carried out before the pre-basic mother plants or the pre-basic material concerned is planted,                     and it shall be repeated during growth where there is suspicion concerning the presence of the pests referred to in subparagraph                     1.                  

That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests listed                     in Annex III, and where those pests are relevant for the pre-basic mother plants or the pre-basic material concerned.                  

2.Sampling and testing shall not be carried out where plants which are hosts for the pests listed in Annex III, 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.                  

Sampling and testing shall not be carried out when the responsible official body concludes on the basis of an official inspection                     that the soil is free from any pests which are listed in Annex III, for the genus or species concerned, and which host viruses                     affecting that genus or species.                  

3.In the case of sampling and testing as referred to in paragraph 1, Member States shall apply protocols of the EPPO, or other                        protocols which are internationally recognised. Where such protocols do not exist, Member States shall apply the relevant                        protocols established at national level. In that case, Member States shall, on request, make available those protocols to                        the other Member States and to the Commission.                  

#### Article 12U.K.Requirements concerning defects likely to impair quality

Pre-basic mother plants and pre-basic material shall be found practically free from defects on the basis of visual inspection.                     That visual inspection shall be carried out by the responsible official body and, where appropriate, the supplier. Injuries,                     discoloration, scar tissues or desiccation shall be considered as defects, if they affect the quality and usefulness as propagating                     material.                  

#### Article 13U.K.Requirements concerning multiplication, renewal and propagation of pre-basic mother plants

1.The supplier may multiply or renew a pre-basic mother plant accepted in accordance with Article 5(1).                  

2.The supplier may propagate a pre-basic mother plant to produce pre-basic material.                  

3.Multiplication, renewal and propagation of pre-basic mother plants shall take place in accordance with the protocols referred                        to in paragraph 4.                  

4.Member States shall apply protocols concerning multiplication, renewal and propagation of pre-basic mother plants. Member                        States shall apply protocols of EPPO, or other protocols which are internationally recognised. Where such protocols do not                        exist, Member States shall apply relevant protocols established at national level. In that case, Member States shall, on request,                        make available those protocols to the other Member States and to the Commission.                  

The protocols referred to in subparagraph 1 of this paragraph shall have been tested on the relevant genera or species for                     a period of time considered appropriate for those genera or species. That period of time shall be considered appropriate when                     it allows 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.                  

5.The supplier may only renew the pre-basic mother plant before the end of the period referred to in Article 8(6).                  

#### Article 14U.K.Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants

1.In the case of multiplication, renewal and propagation by micropropagation of pre-basic mother plants, for the production                        of other pre-basic mother plants or pre-basic material, it shall take place in accordance with the protocols set out in paragraph                        2.                  

2.Member States shall apply protocols concerning micropropagation of pre-basic mother plants and pre-basic material which are                        protocols of EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, Member States                        shall apply relevant protocols established at national level. In that case, Member States shall, on request, make available                        those protocols to the other Member States and to the Commission.                  

Member States shall only apply protocols which have 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.                  

### *SECTION 2*U.K.***Requirements for basic material***

#### Article 15U.K.Requirements for the certification of basic material

1.Propagating material, other than basic mother plants and other than rootstocks not belonging to a variety, shall, on request,                        be officially certified as basic material if it fulfils the requirements of paragraphs 2, 3 and 4.                  

2.The propagating material shall be propagated from a basic mother plant.                  

A basic mother plant shall fulfil one of the following requirements:

(a)be grown from pre-basic material; or                  

(b)be produced by multiplication from a basic mother plant in accordance with Article 19.                  

3.The propagating material shall fulfil the requirements set out in Article 7, Article 8(6) and Article 12.                  

4.The propagating material shall fulfil the additional requirements concerning:                  

(a)health, as set out in Article 16;                  

(b)soil, as set out in Article 17;                  

(c)maintenance of basic mother plants and basic material as set out in Article 18; and                  

(d)specific conditions for propagation, as set out in Article 19.                  

5.A rootstock not belonging to a variety, shall, on request, be officially certified as basic material if it is true to the                        description of its species, it fulfils the requirements set out in Article 8(2) and (6), and the additional requirements of                        Articles 12, 16, 17, 18 and 19.                  

6.For the purpose of this Section, any reference in the provisions referred to in paragraphs 3 and 5 to pre-basic mother plants                        shall be construed as reference to basic mother plants, and any reference to pre-basic material shall be construed as reference                        to basic material.                  

7.Where a basic mother plant or basic material no longer fulfils the requirements of Article 7, Article 8(2) and (6) and Articles                        12, 16 and 17 the supplier shall remove it from the vicinity of other basic mother plants and basic material. That removed                        mother plant or material may be used as certified or CAC material provided that it fulfils the requirements set out in this                        Directive for the respective categories.                  

Instead of removing that mother plant or that material, the supplier may take appropriate measures in order to ensure that                     that mother plant or that material complies with those requirements again.                  

8.Where a rootstock not belonging to a variety is a basic mother plant or basic material that no longer fulfils the requirements                        of Article 8(2) and (6) and Articles 12, 16 and 17, the supplier shall remove it from the vicinity of other basic mother plants                        and basic material. That removed rootstock may be used as certified or CAC material provided that it fulfils the requirements                        set out in this Directive concerning the respective categories.                  

Instead of removing that rootstock, the supplier may take appropriate measures in order to ensure that that rootstock complies                     with those requirements again.                  

#### Article 16U.K.Health requirements

1.A basic mother plant or basic material shall be free from the pests listed in Part A of Annex I and Annex II, as regards the                        genus or species concerned.                  

The basic mother plant or the basic material concerned shall, by visual inspection in the facilities, fields and lots, be                     found free from the pests listed in Part A of Annex I and Annex II, as regards the genus or species concerned. That visual                     inspection shall be carried out by the responsible official body and, where appropriate, the supplier.                  

The percentage of basic mother plants or basic material, which is infested by the pests listed in Part B of Annex I, shall                     not exceed the tolerance levels as set out therein. The basic mother plants or the basic material concerned shall, by visual                     inspection in the facilities, fields and lots, be found to comply with those levels. That visual inspection shall be carried                     out by the responsible official body and, where appropriate, the supplier.                  

In case of doubts concerning the presence of those pests, the responsible official body and, where appropriate, the supplier                     shall carry out sampling and testing of the basic mother plant or basic material concerned.                  

2.The responsible official body and, where appropriate, the supplier shall carry out visual inspection, sampling and testing                        of a basic mother plant or basic material, as set out in Annex IV as regards the genus or species concerned.                  

3.As regards sampling and testing, as provided for in paragraph 1, Member States shall apply protocols of EPPO, or other protocols                        which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant                        protocols established at national level. In that case, Member States shall, on request, make available those protocols to                        the other Member States and to the Commission.                  

The responsible official body and, where appropriate, the supplier shall submit the samples to laboratories officially accepted                     by the responsible official body.                  

4.Paragraph 1 shall not apply to basic mother plants and basic material during cryopreservation.                  

#### Article 17U.K.Soil requirements

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,                        for the genus or species concerned, and which host viruses affecting that genus or species. Freedom of such pests hosting                        viruses shall be established by sampling and testing.                  

That sampling shall be carried out by the responsible official body and, where appropriate, the supplier.

That sampling and testing shall be carried out before the basic mother plants or the basic material concerned is planted and                     it shall be repeated during growth where there is suspicion concerning the presence of the pests referred to in subparagraph                     1.                  

That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests listed                     in Annex III, and where those pests are relevant for the basic mother plants or the basic material concerned.                  

2.Sampling and testing shall not be carried out where plants which are hosts for the pests listed in Annex III, 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.                  

Sampling and testing shall not be carried out when the responsible official body concludes on the basis of an official inspection                     that the soil is free from any pests which are listed in Annex III, for the genus or species concerned, and which host viruses                     affecting that genus or species.                  

3.In the case of sampling and testing as referred to in paragraph 1, Member States shall apply protocols of EPPO, or other protocols                        which are internationally recognised. Where such protocols do not exist, Member States shall apply the relevant protocols                        established at national level. In that case, Member States shall, on request, make available those protocols to the other                        Member States and to the Commission.                  

#### Article 18U.K.Requirements concerning the maintenance of basic mother plants and basic material

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

2.The isolation distance of the fields referred to in paragraph 1 shall depend on regional circumstances, the type of propagating                        material, the presence of pests in the area concerned and the relevant risks involved as set out by the responsible official                        body based on official inspection.                  

#### Article 19U.K.Conditions for multiplication

1.The basic mother plants which are grown from pre-basic material within the meaning of Article 15(2)(a) may be multiplied in                        a number of generations to obtain the necessary number of basic mother plants. The basic mother plants shall be multiplied                        in accordance with Article 13 or shall be multiplied by micropropagation in accordance with Article 14. The maximum permitted                        number of generations, and the maximum permitted life span of basic mother plants, shall be as set out in Annex V for the                        relevant genera or species.                  

2.Where multiple generations of basic mother plants are permitted, each generation, other than the first one, may derive from                        any previous generation.                  

3.Propagating material of different generations shall be kept separately.                  

### *SECTION 3*U.K.***Requirements for certified material***

#### Article 20U.K.Requirements for certification of certified material

1.Propagating material, other than mother plants, and fruit plants shall, on request, be officially certified as certified material                        if they fulfil the requirements set out in paragraphs 2, 3 and 4.                  

2.The propagating material, and fruit plants, shall be propagated from a certified mother plant.                  

A certified mother plant shall fulfil one of the following requirements:

(a)be grown from pre-basic material;                  

(b)be grown from basic material.                  

3.The propagating material, and fruit plants, shall fulfil the requirements set out in Article 7, Article 8(6) and Articles 12,                        21 and 22.                  

4.The propagating material, and fruit plants, shall fulfil the health requirements set out in Article 21.                  

The propagating material and fruit plants shall be propagated from a certified mother plant which fulfils the soil requirements                     of Article 22.                  

5.A rootstock not belonging to a variety, shall, on request, be officially certified as certified material if it is true to                        the description of its species, it fulfils the requirements set out in Article 8(6) and the additional requirements of Articles 12,                        21 and 22.                  

6.For the purpose of this Section, any reference in the provisions referred to in paragraphs 3 and 5 to pre-basic mother plants                        shall be construed as reference to certified mother plants, and any reference to pre-basic material shall be construed as                        reference to certified material.                  

7.Where a certified mother plant or certified material no longer fulfils the requirements of Article 7, Article 8(6) and Articles                        12, 21 and 22, the supplier shall remove it from the vicinity of other certified mother plants and certified material. That                        removed mother plant or material may be used as CAC material provided that if fulfils the requirements set out in Section                        4.                  

Instead of removing that mother plant or that material, the supplier may take appropriate measures in order to ensure that                     that mother plant or that material complies with those requirements again.                  

8.Where a rootstock not belonging to a variety is a certified mother plant or certified material that no longer fulfils the                        requirements of Article 8(6) and Articles 12, 21 and 22, the supplier shall remove it from the vicinity of other certified                        mother plants and certified material. That removed mother plant or material may be used as CAC material provided that if fulfils                        the requirements set out in Section 4.                  

Instead of removing that rootstock, the supplier may take appropriate measures in order to ensure that that rootstock complies                     with those requirements again.                  

#### Article 21U.K.Health requirements

1.A certified mother plant or certified material shall be free from the pests listed in Part A of Annex I and Annex II, as regards                        the genus or species concerned.                  

The certified mother plant or the certified material concerned shall, by visual inspection in the facilities, fields and lots,                     be found free from the pests listed in Part A of Annex I and Annex II, as regards the genus or species concerned. That visual                     inspection shall be carried out by the responsible official body and, where appropriate, the supplier.                  

The percentage of certified mother plants or certified material, which is infested by the pests listed in Part B of Annex                     I, shall not exceed the tolerance levels as set out therein. The certified mother plants or the certified material concerned                     shall, by visual inspection in the facilities, fields and lots, be found to comply with those levels. That visual inspection                     shall be carried out by the responsible official body and, where appropriate, the supplier.                  

In case of doubts concerning the presence of those pests, the responsible official body and, where appropriate, the supplier                     shall carry out sampling and testing of the certified mother plant or certified material concerned.                  

2.The responsible official body and, where appropriate, the supplier shall carry out visual inspection, sampling and testing                        of a certified mother plant or certified material, as set out in Annex IV as regards the genus or species concerned.                  

3.As regards sampling and testing, as provided for in paragraph 1, Member States shall apply protocols of EPPO, or other protocols                        which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant                        protocols established at national level. In that case, Member States shall, on request, make available those protocols to                        the other Member States and to the Commission.                  

The responsible official body and, where appropriate, the supplier shall submit the samples to laboratories officially accepted                     by the responsible official body.                  

4.Paragraph 1 shall not apply to certified mother plants and certified material during cryopreservation.                  

#### Article 22U.K.Soil requirements

1.Certified mother plants may only be grown in soil that is free from any pests which are listed in Annex III, for the genus                        or species concerned, and which host viruses affecting that genus or species. Freedom of such pests hosting viruses shall                        be established by sampling and testing.                  

That sampling shall be carried out by the responsible official body and, where appropriate, the supplier.

That sampling and testing shall be carried out before the certified mother plant concerned is planted, and it shall be repeated                     during growth where there is suspicion concerning the presence of the pests referred to in subparagraph 1.                  

That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests listed                     in Annex III, and where those pests are relevant for the certified mother plants or the certified material concerned.                  

2.Sampling and testing shall not be carried out where plants which are hosts for the pests listed in Annex III, 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.                  

Sampling and testing shall not be carried out when the responsible official body concludes on the basis of an official inspection                     that the soil is free from any pests which are listed in Annex III, for the genus or species concerned, and which host viruses                     affecting that genus or species.                  

Sampling and testing shall not be carried out in the case of certified fruit plants.

3.In the case of sampling and testing as referred to in paragraph 1, Member States shall apply protocols of EPPO, or other protocols                        which are internationally recognised. Where such protocols do not exist, Member States shall apply the relevant protocols                        established at national level. In that case, Member States shall, on request, make available those protocols to the other                        Member States and to the Commission.                  

### *SECTION 4*U.K.***Requirements for CAC material***

#### Article 23U.K.Conditions for CAC material, other than rootstocks not belonging to a variety

1.CAC material, other than rootstocks not belonging to a variety, may only be marketed if it has been found to fulfil the following                        requirements:                  

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

(b)it is true to the description of the variety, in accordance with Article 25;                  

(c)it complies with the health requirements of Article 26;                  

(d)it complies with Article 27 concerning defects.                  

2.The actions to comply with paragraph 1 shall be carried out by the supplier.                  

3.In case CAC material no longer complies with paragraph 1, the supplier shall carry out one of the following actions:                  

(a)remove that material, from the vicinity of other CAC material; or                  

(b)take appropriate measures to ensure that that material complies with those requirements again.                  

#### Article 24U.K.Conditions for CAC material in the case of rootstocks not belonging to a variety

1.In the case of rootstocks not belonging to a variety, CAC material shall comply with the following requirements:                  

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

(b)it complies with the health requirements of Article 26;                  

(c)it complies with Article 27 concerning defects.                  

2.The actions to comply with the requirements of paragraph 1 shall be carried out by the supplier.                  

3.In case CAC material no longer complies with the requirements of paragraph 1, the supplier shall carry out one of the following                        actions:                  

(a)remove that material, from the vicinity of other CAC material; or                  

(b)take appropriate measures to ensure that that material complies with those requirements again.                  

#### Article 25U.K.Trueness to the description of the variety

1.The trueness of CAC material to the description of its variety shall be established by the observation of the expression of                        the characteristics of the variety. That observation shall be based on one of the following elements:                  

(a)the official description for registered varieties, as referred to in Implementing Directive 2014/97/EU and for varieties legally                        protected by a plant variety right; or                  

(b)the description accompanying the application for varieties which are the subject of an application for registration in any                        Member State, as referred to in Implementing Directive 2014/97/EU;                  

(c)the description accompanying the application for a plant variety right;                  

(d)the officially recognised description of a variety as referred to in Article 7(2)(c)(iii) of Directive 2008/90/EC.                  

2.The trueness of the CAC material to the description of its variety, shall be regularly verified through the observation of                        the expression of the characteristics of the variety in the CAC material concerned.                  

#### Article 26U.K.Health requirements

1.CAC material shall be practically free from the pests listed in Annex I and Annex II, as regards the genus or species concerned.                  

The CAC material concerned shall, by visual inspection carried out by the supplier in the facilities, fields and lots, be                     found practically free from the pests listed Annex I and Annex II, as regards the genus or species concerned.                  

In case of doubts concerning the presence of those pests, the supplier shall carry out sampling and testing of the CAC material                     concerned.                  

2.The supplier shall carry out visual inspection, sampling and testing of CAC material, as set out in Annex IV as regards the                        genus or species concerned.                  

3.Paragraph 1 shall not apply to CAC material during cryopreservation.                  

4.In addition to the requirements of paragraphs 1 and 2, CAC material that belongs to the species *Citrus* L., *Fortunella* Swingle, and *Poncirus* Raf.shall comply with all of the following requirements:                  

(a)it shall be produced from an identified source of material, and that source of material shall be found free, on the basis                        of sampling and testing, from the pests as listed for those species, in Annex II;                  

(b)since the beginning of the last cycle of vegetation it shall be found practically free, on the basis of visual inspection,                        sampling and testing, from the pests as listed in Annex II, as regards species concerned.                  

#### Article 27U.K.Requirements concerning defects

CAC material shall be found practically free from defects, on the basis of visual inspection. Injuries, discoloration, scar                     tissues or desiccation shall be considered as defects, if they affect the quality and usefulness as propagating material.                  

## CHAPTER 3U.K.**SPECIFIC REQUIREMENTS FOR SUPPLIERS ENGAGED IN THE PRODUCTION OR REPRODUCTION OF PROPAGATING MATERIAL AND FRUIT PLANTS**

### Article 28U.K.Plan to identify and monitor critical points in the production process

During the production of propagating material and fruit plants, Member States shall ensure that suppliers have in place, as                     appropriate for the relevant genera or species, a plan to identify and monitor critical points in the production process.                     That plan shall at least concern the following elements:                  

location and number of plants;

timing of their cultivation;

propagation operations;

packaging, storage and transportation operations.

### Article 29U.K.Keeping information on the monitoring available for examination

1.Member States shall ensure that the suppliers keep records with information on the monitoring of the critical points as referred                        to in Article 6(1) of Directive 2008/90/EC and, when requested, make them available for examination.                  

2.Those records shall remain available for a period of at least three years since the production of the material concerned.                  

3.Member States shall ensure that suppliers keep records of field inspections, sampling and testing as long as the respective                        propagating material and fruit plants are under their control, and for a period of at least three years after that propagating                        material and those fruit plants have been removed or marketed.                  

## CHAPTER 4U.K.**OFFICIAL INSPECTIONS**

### Article 30U.K.General requirements concerning official inspections

1.Official inspections shall consist of visual inspections, and, where appropriate, of sampling and testing.                  

2.During the official inspections, the responsible official body shall 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;                  

(b)the overall competence of the supplier's staff to carry out the activities set out in Article 6(1) of Directive 2008/90/EC.                  

3.Member States shall ensure that the responsible official bodies produce and keep records of the results and dates of all field                        inspections, sampling and testing carried out by them.                  

## CHAPTER 5U.K.**FINAL PROVISIONS**

### Article 31U.K.Transposition

1.Member States shall adopt and publish, by at the latest 31 December 2016, the laws, regulations and administrative provisions                        necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.                  

They shall apply those provisions from 1 January 2017.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference                     on the occasion of their official publication. Member States shall determine how such reference is to be made.                  

2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the                        field covered by this Directive.                  

### Article 32U.K.Transitional measures

Member States may until 31 December 2022 allow the marketing in their own territory of propagating material and fruit plants                     produced from pre-basic, basic and certified mother plants or CAC material which existed before 1 January 2017,and have been                     officially certified or meet the conditions to be qualified as CAC material before 31 December 2022. When marketed, such propagating                     material and fruit plants shall be identified by a reference to this Article on the label and a document.                  

### Article 33U.K.Repeal

Directive 93/48/EEC and Directive 93/64/EEC are repealed.

### Article 34U.K.Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

### Article 35U.K.Addressees

This Directive is addressed to the Member States.

Done at Brussels, 15 October 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEX IU.K.LIST OF PESTS FOR THE PRESENCE OF WHICH VISUAL INSPECTION, AND, UNDER CERTAIN CONDITIONS, SAMPLING AND TESTING, ARE REQUIRED

## PART AU.K.**List of pests freedom, or practical freedom from which, is required pursuant to Articles 9(1), Article 10(1), Article 16(1),                           Article 21(1) and Article 26(1)**

## PART BU.K.**List of pests freedom or practical freedom from which is required, or whose presence is restricted by tolerance levels, pursuant                           to Article 9(1), Article 10(1), Article 16(1), Article 21(1) and Article 26(1)**

## ANNEX IIU.K.List of pests for the presence of which visual inspection, and, in particular cases, sampling and testing are required pursuant                        to Article 9(2) and (4), Article 10(1), Article 16(1), Article 21(1) and Article 26(1) and (4)

## ANNEX IIIU.K.List of pests whose presence in soil is governed by Article 11(1) and (2), Article 17(1) and (2), and Article 22(1) and (2)

## ANNEX IVU.K.Requirements concerning visual inspection, sampling and testing per genera or species and category pursuant to Article 10(2),                        Article 16(2), Article 21(2) and Article 26(2)

### ***Castanea sativa* Mill.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I.                  

### ***Citrus* L., *Fortunella* Swingle and *Poncirus* Raf.**U.K.

#### **Pre-basic category**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out twice a year.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall be sampled and tested six years after its acceptance as a pre-basic mother plant and with                     subsequent intervals of six years concerning the presence of pests listed in Annex II, and in the case of doubts concerning                     the presence of pests listed in part A of Annex I.                  

#### **Basic category**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

A representative portion of basic mother plants shall 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 Part A of Annex I and Annex II.                  

#### **Certified and CAC categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I and Annex II.                  

### ***Corylus avellana* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I and Annex II.                  

### ***Cydonia oblonga* Mill., *Malus* Mill., *Pyrus* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

#### **Pre-basic category**U.K.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall 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 Annex                     II, and in the case of doubts concerning the presence of pests listed in part A of Annex I.                  

#### **Basic category**U.K.

##### **Sampling and testing**U.K.

A representative portion of basic mother plants shall 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                     Annex II, and in the case of doubts concerning the presence of pests listed in part A of Annex I.                  

#### **Certified category**U.K.

##### **Sampling and testing**U.K.

A representative portion of certified mother plants shall 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 Annex II, and in the case of doubts concerning the presence of pests listed in Part A of Annex I.                  

Certified fruit plants shall be sampled and tested in case of doubts concerning the presence of pests listed in Part A of                     Annex I and Annex II.                  

#### **CAC category**U.K.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I and Annex II.                  

### ***Ficus carica* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I.                  

### ***Fragaria* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out twice a year during the growing season.

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

#### **Pre-basic category**U.K.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall 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 Annex II, and in the case of doubts concerning                     the presence of pests listed in Part B of Annex I.                  

#### **Basic, certified and CAC categories**U.K.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in part B of Annex                     I and Annex II.                  

### ***Juglans regia* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

#### **Pre-basic category**U.K.

##### **Sampling and testing**U.K.

Each flowering pre-basic mother plant shall 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 Annex II, and in the case of doubts concerning                     the presence of pests listed in Part A of Annex I.                  

#### **Basic category**U.K.

##### **Sampling and testing**U.K.

A representative portion of basic mother plants shall 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 Part A of Annex I and Annex II.                  

#### **Certified category**U.K.

##### **Sampling and testing**U.K.

A representative portion of certified mother plants shall 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 Part A of Annex I and Annex II.                  

Certified fruit plants shall be sampled and tested in the case of doubts concerning the presence of pests listed in Part A                     of Annex I and Annex II.                  

#### **CAC category**U.K.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I and Annex II.                  

### ***Olea europaea* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

#### **Pre-basic category**U.K.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall 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 Annex II, and in the case of doubts concerning                     the presence of pests listed in Part A of Annex I.                  

#### **Basic category**U.K.

##### **Sampling and testing**U.K.

A representative portion of basic mother plants shall 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                     Part A of Annex I and Annex II.                  

#### **Certified category**U.K.

##### **Sampling and testing**U.K.

In the case of mother plants used for the production of seeds (hereinafter: ‘seed mother plants’), a representative portion                     of those seed mother plants shall 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 Part A of Annex I and                     Annex II. In the case of mother plants other than seed mother plants, a representative portion of those plants shall 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 Part A of Annex I and Annex II.                  

#### **CAC category**U.K.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex I                     and Annex II.                  

### ***Pistacia vera* L.**U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I.                  

### ***Prunus amygdalus*, *P. armeniaca*, *P. domestica*, *P. persica* and *P. salicina***U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

#### **Pre-basic category**U.K.

##### **Sampling and testing**U.K.

Each flowering pre-basic mother plant shall 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 shall be sampled and tested for PDV and PNRSV.                  

In the case of *P. persica*, each flowering pre-basic mother plant shall be sampled one year after its acceptance as a pre-basic mother plantand tested                     for PLMVd.                  

Each pre-basic mother plant shall 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 Annex II, and                     tested in the case of doubts concerning the presence of pests listed in Part A of Annex I.                  

#### **Basic category**U.K.

##### **Sampling and testing**U.K.

A representative portion of flowering basic mother plants shall 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 shall 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 shall 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 shall be sampled every three 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 Part A of Annex I and Annex II on the basis of an assessment of the risk of infection                     of those plants.                  

#### **Certified category**U.K.

##### **Sampling and testing**U.K.

A representative portion of flowering certified mother plants shall 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 shall 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 shall 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 shall be sampled every three 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 shall be sampled every 15 years and tested for pests, other than PDV and                     PNRSV, relevant for the species as listed in Part A of Annex I and Annex II on the basis of an assessment of the risk of infection                     of those plants.                  

#### **CAC category**U.K.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I and Annex II.                  

### ***Prunus avium* and *P. cerasus***U.K.

#### **All categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

#### **Pre-basic category**U.K.

##### **Sampling and testing**U.K.

Each flowering pre-basic mother plant shall 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 shall be sampled and tested for PDV and PNRSV.                  

Each pre-basic mother plant shall 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 Annex II, and                     tested in the case of doubts concerning the presence of pests listed in Part A of Annex I.                  

#### **Basic category**U.K.

##### **Sampling and testing**U.K.

A representative portion of flowering basic mother plants shall 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 shall 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 shall be sampled every three 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 Part A of Annex I and Annex II on the basis of an assessment of the risk of infection                     of those plants.                  

#### **Certified category**U.K.

##### **Sampling and testing**U.K.

A representative portion of flowering certified mother plants shall 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 shall 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 shall be sampled every three 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 shall be sampled every 15 years and tested for pests, other than PDV and                     PNRSV, relevant for the species as listed in Part A of Annex I and Annex II on the basis of an assessment of the risk of infection                     of those plants.                  

#### **CAC category**U.K.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part A of Annex                     I and Annex II.                  

### ***Ribes* L.**U.K.

#### **Pre-basic category**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out twice a year.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall be sampled and tested four years after its acceptance as a pre-basic mother plant and with                     subsequent intervals of four years concerning the presence of pests listed in Annex II, and in the case of doubts concerning                     the presence of pests listed in Annex I.                  

#### **Basic, certified and CAC categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Annexes I and II.

### ***Rubus* L.**U.K.

#### **Pre-basic category**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out twice a year.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall be sampled and tested two years after its acceptance as a pre-basic mother plant and with                     subsequent intervals of two years concerning the presence of pests listed in Annex II, and in the case of doubts concerning                     the presence of pests listed in Annex I.                  

#### **Basic category**U.K.

##### **Visual inspection**U.K.

Where plants are grown in the field or in pots, visual inspections shall be carried out twice a year.

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

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Annexes I and II.

#### **Certified and CAC categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Annexes I and II.

### ***Vaccinium* L.**U.K.

#### **Pre-basic category**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out twice a year.

##### **Sampling and testing**U.K.

Each pre-basic mother plant shall be sampled and tested five years after its acceptance as a pre-basic mother plant and with                     subsequent intervals of five years concerning the presence of pests listed in Annex II, and in the case of doubts concerning                     the presence of pests listed in Part B of Annex I.                  

#### **Basic category**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out twice a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part B of Annex                     I and Annex II.                  

#### **Certified and CAC categories**U.K.

##### **Visual inspection**U.K.

Visual inspections shall be carried out once a year.

##### **Sampling and testing**U.K.

Sampling and testing shall be carried out in the case of doubts concerning the presence of pests listed in Part B of Annex                     I and Annex II.                  

## ANNEX VU.K.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, as provided for in Article 19(1)

### ***Castanea sativa* Mill.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning of Article 15(2)(a) is a rootstock, it may be multiplied for maximum                     three generations.                  

Where rootstocks are part of basic mother plants, those rootstocks shall be basic material of the first generation.

### ***Citrus* L., *Fortunella* Swingle and *Poncirus* Raf.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum one generation.

In the case where a basic mother plant within the meaning of Article 15(2)(a) is a rootstock, it may be multiplied for maximum                     three generations.                  

Where rootstocks are part of basic mother plants, those rootstocks shall be basic material of the first generation.

### ***Corylus avellana* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

### ***Cydonia oblonga Mill.*, *Malus Mill.*, *Pyrus L.***U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning of Article 15(2)(a) is a rootstock, it may be multiplied for maximum                     three generations.                  

Where rootstocks are part of basic mother plants, those rootstocks shall be basic material of the first generation.

### ***Ficus carica* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

### ***Fragaria* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum five generations.

### ***Juglans regia* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

### ***Olea europaea* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum one generation.

### ***Prunus amygdalus*, *P. armeniaca*, *P. domestica*, *P. persica* and *P. salicina***U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning of Article 15(2)(a) is a rootstock, it may be multiplied for maximum                     three generations.                  

Where rootstocks are part of basic mother plants, those rootstocks shall be basic material of the first generation.

### ***Prunus avium* and *P. cerasus***U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

In the case where a basic mother plant within the meaning of Article 15(2)(a) is a rootstock, it may be multiplied for maximum                     three generations.                  

Where rootstocks are part of basic mother plants, those rootstocks shall be basic material of the first generation.

### ***Ribes* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum three generations. Mother plants                     shall be maintained as mother plants for a maximum of six years.                  

### ***Rubus* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations. Mother plants of                     each generation shall be maintained as mother plants for a maximum of four years.                  

### ***Vaccinium* L.**U.K.

#### **Basic category**U.K.

A basic mother plant within the meaning of Article 15(2)(a) may be multiplied for maximum two generations.

1

OJ L 267, 8.10.2008, p. 8.                           

2

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms                              harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).                           

3

Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant                              propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC (OJ L 250, 7.10.1993, p. 1).                           

4

Commission Directive 93/64/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring                              of suppliers and establishments pursuant to Council Directive 92/34/EEC on the marketing of fruit plant propagating material                              and fruit plants intended for fruit production (OJ L 250, 7.10.1993, p. 33).                           

5

Commission Implementing Directive 2014/97/EU of 15 October 2014 implementing Council Directive 2008/90/EC as regards the registration                              of suppliers and of varieties and the common list of varieties (see page 16 of this Official Journal).