Fruit Trees Propagation Material Regulations, 2004 (L.N. 271 of 2004)

B 4613 L.N. 271 of 2004 PLANT QUARANTINE ACT, 2001 (ACT NO. XVIII OF 2001) Fruit Trees Propagation Material Regulations, 2004 IN exercise of the powers conferred by article 32 of the Plant Quarantine Act, 2001, the Minister for Rural Affairs and the Environment has made the following regulations: 1. (1) The title of these regulations is the Fruit Trees Propagation Material Regulations, 2004. (2) These regulations shall come in force on the 15th May, 2004. 2. (1) The scope of these regulations is to make provisions for assuring that any propagation material of fruit trees or fruit trees intended for fruit production, produced, placed on the market in Malta or being transhipped through Malta prior to its transport to another Member State meets specified standards of quality. (2) These regulations shall apply to the marketing of propagation material of fruit trees and fruit trees intended for fruit production within the European Union, of the species and genera and their hybrids listed in Schedule I of these regulations. (3) Rootstocks and other parts of plants of other genera or species or their hybrids shall also be subject to these regulations if material of one of the said genera or species, or of their hybrids is grafted or is to be grafted onto them. (4) These regulations shall not apply to propagation material or fruit trees intended to be exported to third countries if properly identified as such and kept sufficiently isolated, without prejudice to the health rules laid down in the Act. 3. For the purpose of these regulations, the following definitions shall apply: Title and commencement. Scope. Interpretation. Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,584, 14 ta’ Mejju, 2004 Taqsima B –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– B 4614 “the Act” means the Plant Quarantine Act, 2001; “basic material” refers to propagation material: (i) which has been produced either directly or in a known number of stages in a vegetative way from pre-basic material, according to generally accepted methods, with a view to maintaining the identity of the variety, including the relevant characteristics of its pomological value and to preventing diseases; (ii) which is intended for the production of certified material; (iii) which satisfies the conditions for basic material laid down in the schedule for the species concerned, established pursuant to regulation 7; and (iv) which, following an official inspection, has been recognised as satisfying the above mentioned conditions; “certified material” refers to propagation material and fruit trees: (i) which have been produced either directly or in a known number of stages in a vegetative way from basic material; (ii) which satisfy the conditions for certified material laid down in the schedule for the species concerned, established pursuant to regulation 7; and (iii) which, following an official inspection, has been recognised as satisfying the above mentioned conditions; “Conformitas Agraria Communitatis” or “CAC material” is propagation material and fruit trees satisfying the minimum conditions laid down for that category relative to the species concerned in the schedule established pursuant to regulation 7 of these regulations; “the Department” means the Department responsible for Plant Health; “the Director” means the Director responsible for the Department and includes to the extent of the authority given, any B 4615 officer authorised by him, in writing, to act in that behalf for any of the purposes of the Act; “fruit trees” are plants intended to be planted or replanted, after marketing; “laboratory” is a body approved by the responsible official body that carries out analysis and proper diagnosis, enabling the producer to monitor production quality; “lot” is a number of units of a single commodity, identifiable by its homogeneity in composition and origin; “marketing” refers to the holding available or in stock, displaying or offering for sale, selling and, or delivering to another person, in whatever form, propagation material or fruit trees; “official measures” are measures taken by the responsible official body; “official inspection” is an inspection carried out by the responsible official body; “official statement” is a statement issued by or under the responsibility of the responsible official body; “pre-basic material” refers to propagation material: (i) which has been produced according to generally accepted methods with a view to maintaining the identity of the variety, including the relevant characteristics of its pomological value and to preventing diseases; (ii) which is intended for the production of basic material; (iii) which satisfies the conditions for pre-basic material laid down in the schedule for the species concerned, established pursuant to regulation 7; and (iv) which, following an official inspection, has been recognised as satisfying the above mentioned conditions; “propagation material” refers to seeds, parts of plants and all plant material, including rootstocks, intended for the propagation and production of fruit plants; B 4616 “virus-free (v.f.) material” is material: (i) which has been tested and found free from infection according to internationally recognised scientific methods; (ii) has been found free from symptoms of any virus or virus-like pathogen by growing-season inspection; (iii) has been maintained under conditions ensuring freedom from infection; and (iv) is considered to be free from all viruses and virus like pathogens known in the species concerned occurring within the European Union. Material descended vegetatively in direct line in a specific number of stages from such material, found free from symptoms of any virus or virus-like pathogen by growing season inspection, and produced and maintained under conditions ensuring freedom from infection, shall also be considered to be virus-free. The specific number of stages shall be indicated in the schedule for the species concerned, established pursuant to regulation 7; “virus-tested (v.t.) material” is material: (i) which has been tested and found free from infection according to internationally recognised scientific methods; (ii) has been found free from symptoms of any virus or virus-like pathogen by growing-season inspection; (iii) has been maintained under conditions ensuring freedom from infection; and (iv) considered to be free from certain serious viruses and virus-like pathogens known in the species concerned occurring within the European Union and capable of reducing the usefulness of the material. Material descended vegetatively in direct line in a specific number of stages from such material, found free from symptoms of any virus or virus-like pathogen by growing season inspection, and produced and maintained under conditions ensuring freedom from infection, shall also be considered to be virus-tested. The specific number of stages B 4617 shall be indicated in the schedule for the species concerned, established pursuant to regulation 7 of these regulations; “responsible official body” means the Department; “supplier” means any natural or legal person carrying out professionally at least one of the following activities with regards to propagation material or fruit plants, namely reproducing, producing, preserving and, or treating such material and the marketing thereof. 4. No person shall produce, place on the market in Malta or tranship through Malta prior to its transport to another Member State any propagation material unless this has been certified by the Director for any such purpose. 5. (1) Any person producing, placing on the market in Malta or transhipping through Malta prior to its transport to another Member State any propagation material shall notify the Director. (2) A notice submitted in accordance to subregulation (1) of this regulation shall be submitted on such form and in such manner and within such time as the Director may form time to time by notice in the Gazette, establish. 6. (1) Upon receipt of a notice in accordance with the provisions of regulation 5 hereof, the Director shall ascertain that the conditions for certification have been met and the Director shall issue such a certificate only if the propagation material meets such conditions or standards. (2) Prior to certifying any propagation material in accordance with subregulation (1) of this regulation, the Director or his authorised representative shall inspect, collect and test such sample or samples as may be required in order to establish that any provisions of these regulations are satisfied. (3) Any certificate issued in accordance with this regulation shall only be valid for the propagation material for which the inspection, sampling and testing were carried out in accordance with subregulation (2) hereof. 7. (1) A schedule shall be established in Schedule II of these regulations for each genus or species referred to in Schedule I with reference to the plant health conditions laid down in the Act applying to the genus and, or species concerned and laying down: Certification. Notification. General certification procedure. Schedule of genera and species of fruit. B 4618 (a) the quality and plant health conditions with which CAC material must comply, in particular those relating to the propagation system applied, to the purity of the growing crop, and except in the case of rootstocks, where the material does not belong to a variety, to varietal aspects. (b) the conditions with which pre-basic, basic and certified material must comply, relating to quality, plant health, the testing methods and procedures applied, the propagation system(s) applied and, except in the case of rootstocks where the material does not belong to a variety, to varietal aspects; and (c) the conditions with which rootstocks and other parts of plants of other genera or species must comply if propagation material of the genus or species concerned is grafted onto them. (2) If in the schedule, a reference is made to the qualification virus-free (v.f.) or virus-tested (v.t.), the viruses and virus like pathogens concerned shall be mentioned in that schedule. This provision shall apply mutatis mutandis where reference is made to a qualification concerning freedom from or testing to detect harmful organisms other than viruses or virus-like pathogens. No reference shall be made to “v.f.” or “v.t.” in respect of the material referred to in paragraph (1)(a). (3) In respect of the material referred to in paragraph (1)(b), a reference to the aforementioned qualifications shall be made where such reference is relevant for the genus or species concerned. 8. (1) Propagation material and fruit trees shall be marketed with a reference to the variety to which they belong. Where, in the case of rootstocks, the material does not belong to a variety, reference shall be made to the species or interspecific hybrid concerned. (2) The varieties to which reference shall be made pursuant to subregulation (1) must be: (a) either commonly known, and protected in accordance with the provisions on the protection of new varieties of plants, or officially registered on a voluntary or other basis; or (b) entered on lists kept by the suppliers, with their detailed descriptions and relevant denominations. These lists must be available upon request to the Department. Varieties of propagation material and whole fruit trees. B 4619 Each variety shall be described and, as far as possible, bear the same denomination in all Member States in accordance with accepted international guidelines. (3) Varieties may be officially registered if they have been found to satisfy certain officially approved conditions and have an official description. (4) Except where the varietal aspect is explicitly mentioned in the schedules referred to in regulation 7, subregulations (1) and (2), shall not entail any extra responsibility for the Department. (5) Requirements for the official registration referred to in paragraph (2)(a) shall be established by the responsible official body, taking into account current scientific and technical knowledge and covering: (a) the conditions of official acceptance, which may include in particular, distinctness, stability and sufficient uniformity; (b) the characteristics which as a minimum the examinations of the various species must cover; (c) the minimum requirements for carrying out the examinations; and (d) the maximum period of validity of the official acceptance of a variety. 9. The responsible official body shall ensure that: (1) Suppliers take all the necessary measures to guarantee compliance with the standards laid down in these regulations at all stages of the production and marketing of propagation material of fruit trees and whole plants. (2) For the purposes of subregulation (1), suppliers shall either carry out themselves, or have carried out by an accredited supplier or the responsible official body, checks based on the following principles: (a) identification of critical points in their production process on the basis of the production methods used, (b) establishment and implementation of methods for monitoring and checking the critical points referred to in sub paragraph (a), Conditions to be satisfied by suppliers. B 4620 (c) taking samples for analysis in a laboratory accredited by the responsible official body to check compliance with the standards established in these regulations, (d) keeping a written record or a record registered in an indelible fashion, of the data referred to in sub-paragraphs (a), (b) and (c), as well as records on the production and marketing of propagation material and whole fruit trees, to be held at the disposal of the responsible official body. These documents shall be kept for a period of at least three years: Provided that suppliers whose activity in this connection is confined merely to the distribution of propagation material and fruit trees produced and packaged on premises other than their own, shall be required only to keep a written record or a record registered in an indelible fashion of the buying and selling and, or delivery of propagation material and fruit trees. This paragraph shall not apply to suppliers whose activity in this connection is confined to the supply of small quantities of propagation material and fruit trees to non-professional final consumers. (3) If the result of their own checks or any information at the disposal of the suppliers referred to in subregulation (1) reveals the presence of one or more of the harmful organisms referred to in the Act or, in a quantity greater than that normally allowed for in order to meet the standards, of those specified in the relevant schedules established pursuant to regulation 7, the suppliers shall immediately report this to the responsible official body and shall carry out the measures indicated by it or any other measures necessary to reduce the risk of such harmful organisms from spreading. The supplier shall keep records of all outbreaks of harmful organisms on his premises and of all measures taken in relation to such occurrences. 10. (1) The responsible official body shall accredit suppliers once it has verified that their production methods and establishments meet the requirements of these regulations with regards to the nature of the activities they carry out. The accreditation must be renewed if a supplier decides to carry out activities other than those for which he has received accreditation. (2) The same body shall accredit laboratories once it has verified that these laboratories, their methods, their establishments and their staff, meet the requirements of these regulations, with regards to the testing activities they carry out. The accreditation must be renewed if a laboratory decides to carry out activities other than those for which it has received accreditation. Accreditation, supervision and monitoring of suppliers and laboratories. B 4621 (3) The same body shall take the necessary measures if the requirements referred to in subregulations (1) and (2) cease to be met. (4) The supervision and monitoring of suppliers, establishments and laboratories shall be carried out regularly by or under the responsibility of the official body, which shall at all times have free access to all parts of the establishments, in order to ensure compliance with the requirements of these regulations. Implementing measures concerning supervision and monitoring shall be adopted, as necessary, in accordance with the rules of the European Union. If such supervision and monitoring reveal that the requirements of these regulations are not being met, the responsible official body shall take appropriate action. 11. (1) Without prejudice to subregulation 12(2), propagation material and fruit plants shall be marketed only in sufficiently homogeneous lots and if they have been: (a) qualified as CAC material and accompanied by a document prepared by the supplier in accordance with the conditions laid down in the schedule established pursuant to regulation 7. If an official declaration appears on this document, it shall be clearly separate from all other information in the document; or (b) qualified as pre-basic, basic or certified material, and certified as such by the responsible official body, in accordance with conditions laid down in the schedule referred to in regulation 7. (2) The requirements of propagation material and, or fruit trees with regards to labelling and, or sealing and packaging, shall be indicated in the schedule referred to in regulation 7. In the case of retail supply of propagation material or fruit plants to a non-professional final consumer, requirements regarding labelling may be confined to appropriate product information. 12. (1) While growing and during lifting or removal from the parent material, propagation material and fruit plants shall be kept in separate lots. (2) If propagation material and fruit trees of different origins are put together or mixed during packaging, storage, transport or at delivery, the supplier shall keep records of the composition of the lot and origin of its individual components. Documentation, labelling, sealing and packaging. Containment of fruit propagation material and fruit trees. B 4622 (3) The responsible official body shall ensure compliance with the requirements referred to in subregulations (1) and (2) by carrying out official inspections. 13. (1) The Department shall ensure that propagation material and fruit trees produced in Malta and intended for marketing, comply with the requirements of these regulations. (2) If it is found, during an official inspection, that propagation material or fruit trees cannot be marketed because they fail to comply with a condition relating to plant health, the Department shall take appropriate official measures to eliminate any consequent plant health risk. 14. (1) Propagation material or fruit plants may be marketed only by accredited suppliers, and provided they meet the requirements laid down for CAC material in the schedule referred to in regulation 7. (2) Pre-basic, basic and certified material may not be certified unless it belongs to a variety referred to in paragraph 8(2)(a) and unless it meets the requirements for the category concerned laid down in the schedule referred to in regulation 7. The category shall be indicated on the official document referred to in regulation 11. (3) With regards to the varietal aspects in the schedule to be drawn up in accordance with regulation 7, provisions may be made for an exemption for rootstocks where the material does not belong to a variety. (4) Without prejudice to the provisions of the Act, the previous paragraphs shall not apply to propagation material or fruit plants intended for: (a) trials or scientific purposes; (b) selection work; or (c) conservation of genetic diversity. 15. (1) The responsible official body may exempt: (a) from the application of regulation 11, small producers all of whose production and sales of propagation material and fruit trees is intended for final use by persons on the local market who are not professionally involved in plant production (local circulation); Health of propagation material or fruit trees. Marketing and certification. Local circulation of plant material. B 4623 (b) from the checks and official inspections provided for in regulation 21, the local circulation of propagation material and fruit trees produced by such exempt persons. (2) Implementing measures relating to other requirements concerning the exemptions referred to in paragraphs (a) and (b) above, in particular as regards the concepts of small producers and local market, and to related procedures, shall be adopted according to the rules of the European Union. 16. The responsible official body shall ensure that propagation material and fruit trees are officially inspected during production and marketing, and by random checks in the case of CAC material, to verify compliance with the requirements and conditions set out in these regulations. 17. (1) If, during the supervision and monitoring provided for in subregulation 10(4), the official inspection referred to in regulation 16 or trials referred to in regulation 22, it is found that propagation material or fruit plants do not meet the requirements of these regulations, the responsible official body shall take appropriate action to ensure that they do comply with the provisions of these regulations or, if that is not possible, to ban the marketing of that propagation material or those fruit trees within the European Union. (2) If it is found that propagation material or fruit trees marketed by a particular supplier do not comply with the requirements and conditions of these regulations, the responsible official body shall ensure that appropriate measures are taken against that supplier. If the supplier is forbidden to market propagation material and fruit plants, the Department shall inform the Commission of the European Union and the competent bodies in the Member States. (3) Any measures taken under subregulation (2) shall be withdrawn as soon as it has been established with sufficient certainty that the propagation material or fruit trees intended for marketing by the supplier will, in the future, comply with the requirements and conditions of these regulations. 18. In the event of temporary difficulties in the supply of propagation material and fruit trees satisfying the requirements of these regulations, measures may be adopted, concerning the marketing of propagation material and fruit plants meeting less stringent requirements, without prejudice to the plant health rules laid down in the Act. Official inspections. Non-compliance with the regulations. Less stringent requirements. B 4624 19. (1) Propagation material and fruit plants which comply with the requirements and conditions of these regulations shall be subject to no marketing restrictions as regards suppliers, plant health, growing medium and inspection arrangements, other than those laid down in these regulations. (2) As regards the products referred to in Schedule II of these regulations, the responsible official body shall refrain from imposing more stringent conditions or marketing restrictions other than the conditions laid down in the schedules referred to in regulation 7 of these regulations. 20. (1) It shall be decided whether propagation material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, are equivalent in all these respects to propagation material and fruit plants produced within the European Union and complying with the requirements and conditions of these regulations. (2) Pending the decision referred to in subregulation (1), Malta may until the 31st December, 2004 and without prejudice to the provisions of the Act, apply to the import of propagation material and fruit trees from third countries whose conditions are at least equivalent to those indicated, on a temporary or permanent basis, in the schedules adopted pursuant to regulation 7. If such conditions are not laid down in the schedules, the conditions for importation must at least be equivalent to those applicable to production in Malta. (3) Propagation material and fruit trees imported by Malta in accordance with a decision taken by the same country pursuant to subregulation (2) shall be subject to marketing restrictions in the other Member States as regards the matters referred to in subregulation (1). 21. Detailed rules for implementing the controls provided for in regulation 9 and for the official inspection provided for in regulations 12 and 16, including sampling methods, are established by the responsible official body. 22. Trials, or, where appropriate, tests shall be carried out on samples to check that propagation material or fruit trees comply with the requirements and conditions laid down in these regulations, including those relating to plant health. Marketing restrictions. Equivalence. Implementation procedures. Experimentation. B 4625 Schedule I List of genera and species The following table lists the genera and species to which these regulations apply: Table 1.1: Latin Name Common Name Citrus aurantifolia (Christm.) Swing Lime Citrus limon (L.) Burm. f. Lemon Citrus paradisi Macf. Grapefruit Citrus reticulata Blanco Mandarin Citrus sinensis (L.) Osbeck Orange Corylus avellana L. Hazel Cydonia Mill. Quince Fragaria x ananassa Duch. Strawberry Juglans regia L. Walnut Malus Mill. Apple Olea europea L. Olive Pistacia vera L. Pistachio Prunus amygdalus Batsch. Almond Prunus armeniaca L. Apricot Prunus avium L. Sweet cherry Prunus cerasus L. Sour cherry Prunus domestica L. Plum Prunus persica (L.) Batsch. Peach Prunus salicina Lindl. Japanese plum Pyrus communis L. Pear Ribes spp. Redcurrant Rubus spp. Blackberry Vaccinium L. Blueberry/Bilberry/Cranberry B 4626 Schedule II Schedule (a) (i) This Schedule establishes the schedule referred to in regulation 7 and sets out the requirements for labelling and sealing referred to in regulation 11 of these regulations. (ii) The schedule applies to the growing crop and propagation material (including rootstocks), and fruit trees derived therefrom, of all the genera and species listed in Schedule I, and to rootstocks of other genera and species referred to in paragraph 7(1)(c) thereof, irrespective of the propagation system applied, those items being hereinafter referred to as “the material” . (iii) The provisions of this Schedule shall apply progressively, taking into account the production cycles of the material referred to in point (ii) above. (b) The material shall, where applicable, comply with the relevant plant health conditions laid down in the Act. (c) (i) Without prejudice to the provisions of point (b) above, in the case of CAC material, the material must, at least on visual inspection, be substantially free from any harmful organisms and diseases impairing quality, or any signs or symptoms thereof, which reduce the usefulness of the propagation material or fruit trees and in particular be free from those organisms and diseases listed in Schedule III in respect of the genus or species concerned. (ii) Any material showing visible signs or symptoms of the harmful organisms or diseases referred to in point (c)(i) at the stage of the growing crop, shall be properly treated immediately upon their appearance or, where appropriate, shall be removed. (iii) In the case of citrus material, the following requirements shall also be met: (aa) It shall be derived from initial material which: (1) has been checked and found to show no symptoms of the relevant viruses, virus-like organisms or diseases listed in Schedule III; (2) has been tested individually using appropriate methods for the detection of such viruses, virus-like organisms or diseases and has been found to be free from them; (bb) It shall have been checked and found to be substantially free from such viruses, virus-like organisms or diseases since the beginning of the last cycle of vegetation; and (cc) In the case of grafting, it shall have been grafted onto rootstocks other than those susceptible to viroids. (d) (i) CAC material shall have adequate identity and purity relative to the genus or species in question and also, without prejudice to the second sentence of subregulation 8(1), have identity and purity as to the variety: (ii) In the case of commonly known varieties referred to in paragraph 8(2)(a), the official denomination of the variety shall be used by the supplier. (iii) In the case of varieties which are already the subject of an application for plants breeders’ rights or an official registration referred to in paragraph 8(2)(a), the breeders’ reference or proposed name must be used until the authorisation is granted. B 4627 (iv) In the case of varieties entered on lists kept by suppliers pursuant to paragraph 8(2)(b), the requirement referred to in point (d)(i) hereof in respect of variety, shall be based on the detailed descriptions given in the lists kept by suppliers. (e) CAC material shall be substantially free from any defects likely to impair its quality as propagation material or as fruit trees. (f) In the case of pre-basic, basic and certified material, the requirements set out in points (c), (d)(i) and (e) hereof are applicable in so far as the certification schemes referred to in point (g) hereof do not impose more stringent conditions. (g) Pre-basic, basic and certified material shall satisfy the conditions for each respective category as laid down in the national schemes of certification provided that they comply, as far as possible, with existing international schemes of certification. (h) The labelling and sealing requirements of the material qualified as pre-basic, basic or certified pursuant to paragraph 11(1)(b), are those laid down in the national schemes of certification, referred to in point (g) of this Schedule. It shall be ensured that where such an official label does not include all the information laid down in paragraph 1 of Schedule IV of these regulations, with the exception of points (iv), (v) and (vii), that the information shall be added. Furthermore, an indication as to whether the material is virus-free or virus-tested shall also be given. B 4628 Schedule III List of specific harmful organisms and diseases of quality-affecting significance Table 1.2: Genus or species Specific harmful organisms and diseases Citrus aurantifolia (Chr.) Swing. Citrus limon (L.) Burm. f. Citrus paradisi Macf. Citrus reticulata Blanco Citrus sinensis (L.) Osbeck Insects, mites and nematodes at all stages of their development Aleurothrixus floccosus (Mashell) Meloidogyne spp. Parabemisia myricae (Kuwana) Tylenchulus semipenetrans Fungi Phytophthora spp . Viruses and virus-like organisms, and in particular Citrus leaf rugose Diseases that induce psorosis -like young leaves, symptoms such as psorosis, ring spot, cristacortis, impietratura, concava gum Infectious variegation Viroids such as exocortis, cachexiaxyloporosis. Corylus avellana Insects, mites and nematodes at all stages of their development Epidiaspis leperii Eriophis avellanae Pseudaulacaspis pentagona Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Xanthomonas campestris pv. corylina Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Phyllactinia guttata Verticillium spp. Viruses and virus-like organisms, in particular Apple mosaic virus Hazel maculatura lineare MLO Cydonia Mill. Pyrus communis L. Insects, mites and nematodes at all stages of their development Anarsia lineatella Eriosoma lanigerum Scale insects in particular Epidiaspis leperii, Pseudaulacaspis pentagona, Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Pseudomonas syringae pv. syringae B 4629 Genus or species Specific harmful organisms and diseases Cydonia Mill. Pyrus communis L. (contd.) Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Phytophthora spp. Rosellinia necatrix Verticillium spp. Viruses and virus-like organisms All. Fragaria x ananassa Duch. Insects, mites and nematodes at all stages of their development Aphelenchoides spp. Ditylenchus dipsaci Tarsonemidae Bacteria Phytophthora cactorum Verticillium spp. Fungi Verticillium dahliae Viruses and virus-like organisms, in particular In particular Strawberry green petal MLO. Juglans regia L. Insects, mites and nematodes at all stages of their development Scale insects in particular Epidiaspis leperii, Pseudaulacaspis pentagona, Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Xanthomonas campestris pv. juglandi Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Phytophthora spp. Viruses and virus-like organisms Cherry leaf roll virus. Malus Mill. Insects, mites and nematodes at all stages of their development Anarsia lineatella Eriosoma lanigerum Scale insects in particular Epidiaspis leperii, Pseudaulacaspis pentagona, Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Pseudomonas syringae pv. syringae Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Phytophthora cactorum Rosellinia necatrix Venturia spp. Verticillium spp. Viruses and virus-like organisms All. B 4630 Genus or species Specific harmful organisms and diseases Olea europea L. Insects, mites and nematodes at all stages of their development Eusophera pinguis Meloidogyne spp. Saissetia oleae Bacteria Pseudomonas syringae pv. savastanoi Fungi Verticillium dahliae Viruses and virus-like organisms All. Pistacia vera L. Fungi Verticillium spp. Viruses and virus-like organisms All. Prunus domestica L. Prunus salicina Lindl. Insects, mites and nematodes at all stages of their development Aculops fockeui Capnodis tenebrionis Eriophyes similis Meloidogyne spp. Scale insects in particular Epidiaspis leperii, Pseudaulacaspis pentagona, Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Pseudomonas syringae pv. mors prunorum Pseudomonas syringae pv. syringae Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Rosellinia necatrix Verticillium spp. Viruses and virus-like organisms Prunus dwarf virus Prunus necrotic ringspot virus Prunus armeniaca L. Prunus amygdalus Batsch. Prunus persica (L.) Batsch. Insects, mites and nematodes at all stages of their development Anarsia lineatella Capnodis tenebrionis Meloidogyne spp. Scale insects in particular Epidiaspis leperii, Pseudaulacaspis pentagona, Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Pseudomonas syringae pv. mors prunorum Pseudomonas syringae pv. syringae Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Rosellinia necatrix Taphrina deformans B 4631 Genus or species Specific harmful organisms and diseases Prunus armeniaca L. Prunus amygdalus Batsch. Prunus persica (L.) Batsch. (contd.) Verticillium spp. Viruses and virus-like organisms Prune dwarf virus Prunus necrotic ringspot virus. Prunus avium L. Prunus cerasus L. Insects, mites and nematodes at all stages of their development Capnodis tenebrionis Meloidogyne spp. Scale insects in particular Epidiaspis leperii, Pseudaulacaspis pentagona, Quadraspidiotus perniciosus Bacteria Agrobacterium tumefaciens Pseudomonas syringae pv. mors prunorum Pseudomonas syringae pv. syringae Fungi Armillariella mellea Chondrostereum purpureum Nectria galligena Rosellinia necatrix Verticillium spp. Viruses and virus-like organisms Prune dwarf virus Prunus necrotic ringspot virus. Ribes spp. Insects, mites and nematodes at all stages of their development Aphelenchoides spp. Cecidophyopsis ribis Bacteria Agrobacterium tumefaciens Fungi Armillariella mellea Nectria cinnabarina Rosellinia necatrix Verticillium spp. Viruses and virus-like organisms, in particular Black currant reversion Black currant infectious variegation agent Rubus spp. Insects, mites and nematodes at all stages of their development Aceria essigi Bacteria Agrobacterium rhizogenes Agrobacterium tumefaciens Rhodococcus fascians Fungi Armillariella mellea Didymelia applanata Peronospora rubi Phytophthora fragariae var. rubi Verticillium spp. Viruses and virus-like organisms, in particular Raspberry bushy dwarf virus Raspberry leaf curl virus. B 4632 Schedule IV Supplier's document 1. The supplier’s document in respect of CAC material referred to in paragraph 11(1)(a) shall be of suitable material which has not previously been used and shall be printed in at least one of the official languages of the Community. It shall contain the following information: (i) indication ‘EC quality’; (ii) indication of EU Member State code; (iii) indication of the responsible official body or its distinguishing code; (iv) registration or accreditation number; (v) name of supplier; (vi) individual serial, week or batch number; (vii) date of issue of the supplier’s document; (viii) botanical name; (ix) denomination of the variety: in the case of rootstock, denomination of the variety or its designation; (x) quantity; (xi) category; and (xii) in the case of imports from third countries pursuant to subregulation 20(2), the name of the country of harvesting. 2. Where material is accompanied by a plant passport, the plant passport may, if the supplier so wishes, constitute the supplier’s document referred to in point 1. Nonetheless, the indication “EC quality” and an indication as to the responsible official body must be given, and also a reference of the denomination of the variety or rootstock and category. In the case of imports from third countries pursuant to subregulation 20(2), the name of the country of harvesting must also be given. This information may be on the same document as the plant passport but must be clearly separated. B 4633 Schedule V Implementation of meas ures concerning the supervision and monitoring of suppliers and their establishments (a) This Schedule lays down implementing measures concerning the supervision and monitoring of suppliers and their establishments, other than those whose activity is confined to the placing on the market of propagation material and fruit trees pursuant to subregulation 10(4), in cases where the checks referred to in subregulation 9(2) are carried out by the suppliers themselves or by an accredited supplier. (b) The responsible official body shall carry out regularly, at least once a year at an appropriate time, supervision and monitoring of suppliers and their establishments in order to ensure continued compliance with the requirements laid down in these regulations , and in particular, in respect of with the principles set out in paragraphs 9(2)(a) to (d) thereof, taking into account the particular nature of the activity or activities of the supplier. (c) As far as the identification of critical points in the production process referred to in paragraph 9(2)(a) and the keeping of records referred to in paragraph 9(2)(d) thereof are concerned, the responsible official body shall supervise and monitor the supplier to ensure that the supplier: (i) continues to take into account the following critical points, where appropriate: the quality of propagation material and fruit trees utilized to start the production process, the sowing, pricking-out, potting-up, and planting of propagation material and fruit plants, compliance with the conditions laid down in the Act, the cultivation plan and method, general crop care, the multiplication operations, the harvesting operations, hygiene, treatments, packaging, storage, transport, and administration; (ii) keeps records, with a view to having complete information available for the responsible official body on: (aa) plants or other objects: (1) purchased for storage or planting on the premises, (2) under production, or (3) dispatched to others; and (bb) any chemical treatments which have been applied to the plants, and that he or she keeps related documents for at least one year; (iii) is available personally or designates another person technically experienced in plant production and related plant-health matters, to lia ise with the responsible official body; B 4634 (iv) carries out visual inspections as necessary and at appropriate times in a manner accepted by the responsible official body; (v) allows access by persons entitled to act for the responsible official body, in particular for inspection and/or sampling purposes, and allows access to the records and related documents referred to in point (b) of this Schedule ; (vi) otherwise cooperates with the said body; (d) As far as the establishment and implementation of methods for monitoring and checking the critical points as referred to in paragraph 9(2)(b) are concerned, the responsible official body shall supervise and monitor the supplier to ensure that, where appropriate, such methods continue to be carried out, giving particular attention to: (i) The availability and actual use of methods for checking each of the critical points mentioned in point (c) of this Schedule ; (ii) The reliability of those methods; (iii) Their suitability for an assessment of the content of the production and marketing arrangements, including the administrative aspects; and (iv) The competence of the supplier’s staff to carry out the checks. (e) As far as the taking of samples for analysis in an accredited laboratory as referred to in paragraph 9(2)(c) is concerned, the responsible official body shall supervise and monitor the supplier to ensure, where appropriate, that: (i) Samples are taken during the various stages of the production process and in conformity with the frequency as communicated to the responsible official body when the production methods were verified at the time of accreditation; (ii) Samples are taken in a technically correct manner and using a statistically reliable procedure, taking into consideration the kind of analysis to be carried out; (iii) The persons who take the samples are qualified to do so; and (iv) The analysis of samples is carried out by a laboratory which is accredited for that purpose pursuant to subregulation 10(2). B 4635 Schedule VI Additional provisions for lists kept by suppliers 1. This Schedule establishes additional implementing provisions for lists of varieties of propagation material of fruit trees and entire fruit trees as kept by suppliers pursuant to paragraph 8(2)(b). 2. The lists kept by suppliers shall include the following: (i) The name of the variety, together with its commonly known synonyms, where appropriate; (ii) Indications as to the maintenance of the variety and propagation system applied; (iii) Description of the variety at least on the basis of the characteristics and their expressions as specified in Schedule VII; (iv) If possible, indications as to how the variety differs from the other varieties most closely resembling it. Subparagraphs (ii) and (iv) above shall not apply to any supplier whose activity is confined to the placing on the market of fruit plant propagation material or fruit plants. B 4636 Characteristics of Citrus spp. Ø Young shoot: anthocyanin colouration of tip (10 to 15cm from tip) Absent Present Ø Fruit: shape of distal end Depressed Truncate Rounded Slightly nippled Prominently nippled Ø Fruit: colour of surface Green Green to yellow Yellow Yellow to orange Orange Orange to red Pink Red Purple Ø Time of maturity of fruit Very early Early Medium Late Very late. B 4637 Corylus avellana L. Ø Time of leaf bud burst (when two leaves appear out of the bud) Very early Very early to early Early Early to medium Medium Medium to late Late Late to very late Very late Ø Time of male flowering Very early Very early to early Early Early to medium Medium Medium to late Late Late to very late Very late Ø Time of female flowering Very early Very early to early Early Early to medium Medium Medium to late Late Late to very late Very late Ø Involucre: length compared to fruit length Short Equal Longer Ø Involucre: indentation Weak Medium Strong Ø Involucre: serration of indentations Weak Medium Strong B 4638 Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: shape Globular Conical Ovoid Short subcylindrical Long subcylindrical Ø Time of ripening Very early Very early to early Early Early to medium Medium Medium to late Late Late to very late Very late Ø Fruit: percentage of kernel (by weight) Very low Low Medium High Very high. B 4639 Cydonia Mill. Ø Plant: habit Erect Semi-erect Spreading Ø Leaf blade: shape Elliptic Obovate Ovate Rounded Ø Fruit: general shape Globose Ovate Pyriform Waisted Irregular Oblong. B 4640 Fragaria x ananassa Duch. Ø Inflorescence: position relative to foliage Beneath Level with Above Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: predominant shape Kidney shape Oblate Round Conical Bi-conical Almost cylindrical Wedged Ovoid Cordate Ø Fruit: colour Whitish yellow Light orange Orange Orange red Red Purple Dark purple Ø Time of ripening (50% of plants with ripe fruits) Very early Early Medium Late Very late Ø Type of bearing Not remontant Partially remontant Fully remontant. B 4641 Juglans regia L. Ø Time of bud burst Very early Very early to early Early Early to medium Medium Medium to late Late Late to very late Very late Ø Tree: type of female inflorescence Single Compound Ø Tree: type of branching of female flowering branches Indeterminate Determinate Ø Time of maturity Early Early to medium Medium Medium to late Late. B 4642 Malus Mill. Ø Tree: vigour Weak Medium Strong Ø Fruit: shape Globose Globose conical Short globose conical Flat Flat globose (oblate) Conical Long conical Truncate conical Ellipsoid Ellipsoid conical (ovate) Oblong Oblong conical Oblong waisted Ø Fruit: over colour of skin Orange Red Purple Brownish Ø Time of beginning of flowering (10% open flowers) Very early Early Medium Late Very late Rootstock varieties Ø Tree: vigour (in stool bed) Weak Medium Strong Ø Tree: number of basal shoots (in stool bed) Very few Few Medium Many Very many. B 4643 Olea europea L. Ø Fruit: shape Elongated Elliptic Globose Ø Fruit: mucron Absent Present Ø Fruit: shape of base Rounded Truncate Depressed Ø Fruit: width of stalk cavity Narrow Medium Broad. B 4644 Prunus amygdalus Batsch. Ø Time of beginning of flowering Very early Very early to early Early Early to medium Medium Medium to late Late Late to very late Very late Ø Flower: colour of petals White Pink white Pink Dark pink Ø Time of maturity Very early Early Medium Late Very late Ø Dry fruit: shape of apex Flat Rounded Pointed Ø Kernel: shape Narrow elliptic Elliptic Broad elliptic Very broad elliptic. B 4645 Prunus armeniaca L. Ø Fruit: size Small Medium Large Ø Fruit: depth of pedicel cavity Shallow Medium Deep Ø Fruit: ground colour of skin White Cream to yellow Light orange Orange Dark orange Ø Fruit: colour of flesh White Cream Light orange Orange Dark orange Ø Time of beginning of flowering (when tree has some fully opened flowers) Early Medium Late Ø Time of maturity Very early Early Medium Late Very late. B 4646 Prunus avium L. and Prunus cerasus L. Ø Time of flowering Very early Early Medium Late Very late Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: colour of skin Yellow Orange red Vermilion on a pale yellow ground colour Vermilion Mahogany Black Ø Fruit: time of matur ity Very early Early Medium Late Very late. B 4647 Prunus domestica L. Ø Fruit: size (on physiologically ripe fruit) Very small Small Medium Large Very large Ø Fruit: general shape in profile (on physiologically ripe fruit) Rounded flattened Rounded Oblong Elongated Ø Fruit: ground colour of skin (including its bloom; on physiologically ripe fruit) Whitish (transparent) Green Yellowish green Yellow Orange yellow Red Purple Violet blue Ø Fruit: colour of flesh (on physiologically ripe fruit) Whitish Yellow Yellowish green Green Orange Red Ø Stone: adherence to the flesh (on physiologically ripe fruit) Non-adherent Semi-adherent Adherent Ø Stone: size relative to fruit (on physiologically ripe fruit) Small Medium Large Ø Season of ripening Very early Early Medium Late Very late. B 4648 Prunus persica (L.) Batsch. Ø Tree: type Normal Spur Ø Flowering shoot: anthocyanin colouration Absent Present Ø Time of beginning of flowering Very early Early Medium Late Very late Ø Flower: shape Rosaceous Campanulate Ø Petal: size Very small Small Medium Large Very large Ø Petiole: nectaries Absent Present Ø Petiole: shape of nectaries Round Kidney-shaped Ø Fruit: pubescence Absent Present Ø Fruit: ground colour of flesh White Yellow to orange yellow Red Ø Stone: adherence to flesh Absent Present B 4649 Ø Time of maturity Very early Early Medium Late Very late. B 4650 Prunus salicina L. Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: ground colour of skin Whitish (transparent) Green Yellowish green Yellow Orange to yellow Red Purple Violet blue Dark blue Ø Fruit: colour of flesh Whitish Yellow Yellowish to green Green Orange Red Ø Time of flowering Very early Early Medium Late Very late Ø Time of ripening Very early Early Medium Late Very late. B 4651 Pyrus communis L. Ø Time of flowering (date of full flower) Very early Early Medium Late Very late Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: shape in profile (in longitudinal section) Concave Straight Convex Ø Fruit: length relative to maximum diameter Very short Short Intermediate Elongate Very elongate Ø Fruit: ground colour of skin (at maturity) Green Yellowish green Yellow Red Ø Fruit: length of stalk Short Medium Long Ø Season of maturity for picking Very early Early Medium Late Very late. B 4652 Ribes silvestre Mert et Koch. Ribes niveum Lindl. (red & white currant) Ø Time of fruit ripening Very early Early Medium Late Very late Ø Fruit truss: length including stalk Very short Short Medium Long Very long Ø Berry: size Very small Small Medium Large Very large Ø Berry: colour White Whitish yellow Pink Red. B 4653 Ribes uva crispa L. (gooseberry) Ø Plant: shape Obovoid Globose Transverse ellipsoid Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: shape Globose Ellipsoid Pyriform Ø Fruit: colour Yellow Yellowish green Green with a white tinge Green Red Ø Time of fruit ripening Very early Early Medium Late Very late. B 4654 Ribes nigrum L. (blackcurrant) Ø Plant: ratio height/diameter Low Medium High Ø Fruit: size Very small Small Medium Large Very large Ø Time of fruit ripening Very early Early Medium Late Very late. B 4655 Rubus subgenus Eubatus Sect. Moriferi and Ursini (blackberry) and hybrids Ø Plant: growth habit Erect Erect to semi-erect Semi-erect Semi-erect to rambling Rambling Ø Dormant cane: prickles Absent Present Ø Fruit: size Very small Small Medium Large Very large Ø Time of beginning of fruit ripening Very early Early Medium Late Very late. B 4656 Rubus idaeus L. (raspberry) Ø Plant: number of young shoots Very few Few Medium Many Very many. B 4657 Only those varieties whose main fruiting is on the previous year’s cane in summer Ø Dormant cane: colour Greyish brown Grayish brown to brown Brown Brown to purple brown Purple brown Ø Fruit: colour Yellow Pale red Medium red Dark red Orange Purple Black Ø Fruit: size Very small Small Medium Large Very large Ø Fruit: ratio length/width As long as broad Longer than broad Much longer than broad Ø Main fruiting On previous year’s cane in summer On current year’s cane in autumn Ø Time of fruit ripening on previous year’s canes Very early Early Medium Late Very late.