Commission Implementing Directive (EU) 2020/177 of 11 February 2020 amending Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/55/EC, 2002/56/EC and 2002/57/EC, Commission Directives 93/49/EEC and 93/61/EEC and Implementing Directives 2014/21/EU and 2014/98/EU as regards pests of plants on seeds and other plant reproductive material (Text with EEA relevance) (Text with EEA relevance)

• CELEX: Implementing Directive (EU) 2020/177
• Articles: 20

Article 1 Amendment of Directive 66/401/EEC

Annexes I and II to Directive 66/401/EEC are amended as set out in Annex I to this Directive.

Article 2 Amendment of Directive 66/402/EEC

Annexes I and II to Directive 66/402/EEC are amended as set out in Annex II to this Directive.

Article 3 Amendment of Directive 68/193/EEC

Annexes I and II to Directive 68/193/EEC are amended as set out in Annex III to this Directive.

Article 4 Amendment of Directive 93/49/EEC

Directive 93/49/EEC is amended as follows:

(1)

Article 3 is replaced by the following:

‘Article 3

The propagating material of ornamental plants shall, at least on visual inspection, be found at the place of production to be practically free from all pests listed in the Annex with regard to the respective propagating material of ornamental plants.

The presence of regulated non-quarantine pests (“RNQPs”) on propagating material of ornamental plants subject to marketing shall, at least upon visual inspection, not exceed the respective thresholds set out in the Annex.

The propagating material of ornamental plants shall, at least on visual inspection, be practically free from any pests, other than the pests listed in the Annex with regard to the particular propagating material of ornamental plants, which reduce the usefulness and quality of that material, or from any signs or symptoms thereof.

The material shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031  ( *1 ) , as well as with the measures adopted pursuant to Article 30(1) of that Regulation.;

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’;"

(2)

Article 3a is deleted;

(3)

the Annex is replaced by the text set out in Annex IV to this Directive.

Article 5 Amendment of Directive 93/61/EEC

Directive 93/61/EEC is amended as follows:

(1)

Article 3 is replaced by the following:

‘Article 3

The vegetable propagating and planting material shall, at least on visual inspection, be found at the place of production to be practically free from all pests listed in the Annex, with regard to the respective propagating and planting material.

The presence of regulated non-quarantine pests (RNQPs) on vegetable propagating and planting material that is marketed shall, at least upon visual inspection, not exceed the respective thresholds set out in the Annex.

The vegetable propagating and planting material shall upon visual inspection be found to be practically free from any pests, other than the pests listed in the Annex with regard to the respective propagating and planting material, which reduce the usefulness and quality of the vegetable propagating and planting material.

The vegetable propagating and planting material shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests provided for in Regulation (EU) 2016/2031  ( *2 ) and in the implementing acts adopted pursuant to that Regulation, including with the measures adopted pursuant to Article 30(1) of that Regulation.

( *2 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’;"

(2)

the Annex is replaced by the text set out in Annex V to this Directive.

Article 6 Amendment of Directive 2002/55/EC

Annexes I and II to Directive 2002/55/EC are amended as set out in Annex VI to this Directive.

Article 7 Amendment of Directive 2002/56/EC

Annexes I and II to Directive 2002/56/EC are replaced by the text set out in Annex VII to this Directive.

Article 8 Amendment of Directive 2002/57/EC

Annexes I and II to Directive 2002/57/EC are amended as set out in Annex VIII to this Directive.

Article 9 Amendment of Implementing Directive 2014/21/EU

Implementing Directive 2014/21/EU is amended as follows:

(1)

Article 2 is replaced by the following:

‘Article 2

Minimum conditions for pre-basic seed potatoes

1.   Member States shall ensure that pre-basic seed potatoes satisfy the following minimum conditions:

(a)

they derive from mother plants which are free from the following pests: Pectobacterium spp., Dickeya spp., Candidatus Liberibacter solanacearum , Candidatus Phytoplasma solani , Potato spindle tuber viroid, Potato leaf roll virus, Potato virus A, Potato virus M, Potato virus S, Potato virus X, and Potato virus Y;

(b)

the number of growing plants not breeding true to the variety and the number of plants of a different variety together, shall not exceed 0,01 %;

(c)

the maximum number of field generations shall be four;

(d)

RNQPs, or symptoms caused by the respective RNQPs, shall not be present above the thresholds on the pre-basic seed potatoes as set out in the following table:

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the growing plants for pre-basic seed potatoes

Blackleg ( Dickeya Samson et al . spp. [1DICKG]; Pectobacterium Waldee emend. Hauben et al . spp. [1PECBG])

0 %

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

Candidatus Phytoplasma solani Quaglino et al . [PHYPSO]

0 %

Mosaic symptoms caused by viruses

and

symptoms caused by Potato leaf roll virus [PLRV00]

0,1 %

Potato spindle tuber viroid [PSTVD0]

0 %

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the direct progeny of pre-basic seed potatoes

Symptoms of virus infection

0,5 %

2.   Member States shall provide that pre-basic seed potatoes may be marketed as “Union grades PBTC” and “Union grade PB”, in accordance with the conditions set out in the Annex.

3.   Compliance with the requirements of points (b) and (d) of paragraph 1 shall be established through official field inspections. In case of doubt, those inspections shall be supplemented by official tests on leaves.

Where methods of micro-propagation are used, compliance with point (a) of paragraph 1 shall be established by official testing, or testing under official supervision, of the mother plant.

Where methods of clonal selection are used, compliance with point (a) of paragraph 1 shall be established by official testing, or testing under official supervision, of the clonal stock.’;

(2)

Article 3 is replaced by the following:

‘Article 3

Minimum conditions for lots of pre-basic seed potatoes

Member States shall provide that lots of pre-basic seed potatoes shall satisfy the following minimum conditions:

(a)

presence of earth and extraneous matter shall not exceed 1,0 % by mass;

(b)

the number of potatoes affected by rots, other than ring rot or brown rot, shall not be present in a quantity exceeding 0,2 % by mass;

(c)

the number of potatoes with external blemishes, including misshapen or damaged tubers, shall not exceed 3,0 % by mass;

(d)

the number of potatoes affected by common scab over more than one third of their surface shall not exceed 5,0 % by mass;

(e)

shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf shall not exceed 0,5 % by mass;

(f)

lots of pre-basic seed potatoes shall comply with the following requirements concerning the presence of RNQPs, or diseases caused by the respective RNQPs as set out in the table:

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the lots of pre-basic seed potato

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

Ditylenchus destructor Thorne [DITYDE]

0 %

Black scurf affecting tubers over more than 10 % of their surface as caused by Thanatephorus cucumeris (A.B. Frank) Donk [RHIZSO]

1,0 %

Powdery scab affecting tubers over more than 10 % of their surface as caused by Spongospora subterranea (Wallr.) Lagerh. [SPONSU]

1,0 %

(g)

the total number of potatoes, as referred to in points (b) to (f), shall not exceed 6,0 % by mass.’;

(3)

the Annex is replaced as set out in Annex IX to this Directive.

Article 10 Amendment of Implementing Directive 2014/98/EU

Implementing Directive 2014/98/EU is amended as follows:

(1)

Article 10 is replaced by the following:

‘Article 10

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

1.   A pre-basic mother plant or pre-basic material shall, by visual inspection in the facilities, fields and lots, be found free from the regulated non-quarantine pests (RNQPs), listed in Annexes I and II, and subject to the requirements of Annex IV, 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 responsible official body and, where appropriate the supplier, shall carry out sampling and testing of the pre-basic mother plant or pre-basic material for the RNQPs listed in Annex II, and subject to the requirements of Annex IV, with regard to the genus or species concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Annex I, 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.   As regards sampling and testing, as provided for in paragraph 1, Member States shall apply protocols of EPPO, or other internationally recognised protocols. 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.

3.   In the case of a positive test result for any of the RNQPs, listed in Annexes I and II, as regards the genus or species concerned, the supplier shall remove the infested pre-basic mother plant or pre-basic material from the vicinity of other pre-basic mother plants and pre-basic material pursuant to Article 3(3) or Article 4(3), or take appropriate measures pursuant to Annex IV.

4.   The measures to ensure compliance with the requirements of paragraph 1 are set out in Annex IV, with regard to the genus or species concerned and category.

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

(2)

the title of Article 11 is replaced by the following:

‘Soil requirements for pre-basic mother plants and pre-basic material’

;

(3)

Article 16 is replaced by the following:

‘Article 16

Health requirements for basic mother plants and basic material

1.   A basic mother plant or basic material shall, by visual inspection in the facilities, fields and lots, be found free from the RNQPs, listed in Annexes I and II, and subject to the requirements of Annex IV, 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 responsible official body and, where appropriate the supplier, shall carry out sampling and testing of the basic mother plant or basic material for the RNQPs listed in Annex II, and subject to the requirements of Annex IV, with regard to the genus or species concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Annex I, 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.   As regards sampling and testing, as provided for in paragraph 1, Member States shall apply protocols of EPPO, or other internationally recognised protocols. 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 samples to laboratories officially accepted by the responsible official body.

3.   In the case of a positive test result for any of the RNQPs, listed in Annexes I and II, as regards the genus or species concerned, the supplier shall remove the infested basic mother plant or basic material from the vicinity of other basic mother plants and basic material pursuant to Article 15(7) or Article 15(8), or take appropriate measures pursuant to Annex IV.

4.   The measures to ensure compliance with the requirements of paragraph 1 are set out in Annex IV, with regard to the genus or species concerned and category.

5.   Paragraph 1 shall not apply to basic mother plants and basic material during cryopreservation.’;

(4)

the title of Article 17 is replaced by the following:

‘

Soil requirements for basic mother plants and basic material

’;

(5)

Article 21 is replaced by the following:

‘Article 21

Health requirements for certified mother plants and certified material

1.   A certified mother plant or certified material shall, by visual inspection in the facilities, fields and lots, be found free from the RNQPs, listed in Annexes I and II, and subject to the requirements of Annex IV, 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 responsible official body and, where appropriate the supplier, shall carry out sampling and testing of the certified mother plant or certified material, for the RNQPs listed in Annex II, and subject to the requirements of Annex IV, with regard to the genus or species concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Annex I, 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.   As regards sampling and testing, as provided for in paragraph 1, Member States shall apply protocols of EPPO, or other internationally recognised protocols. 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 samples to laboratories officially accepted by the responsible official body.

3.   In the case of a positive test result for any of the RNQPs, listed in Annexes I and II, as regards the genus or species concerned, the supplier shall remove the infested certified mother plant or certified material from the vicinity of other certified mother plants and certified material pursuant to Article 20(7) or Article 20(8), or take appropriate measures pursuant to Annex IV.

4.   The measures to ensure compliance with the requirements of paragraph 1 are set out in Annex IV, with regard to the genus or species concerned and category.

5.   Paragraph 1 shall not apply to certified mother plants and certified material during cryopreservation.’;

(6)

the title of Article 22 is replaced by the following:

‘

Soil requirements for certified mother plants and certified material

’;

(7)

the third subparagraph of Article 22(2) is replaced by the following:

‘Unless otherwise stated, sampling and testing shall not be carried out in the case of certified fruit plants.’;

(8)

Article 26 is replaced by the following:

‘Article 26

Health requirements for CAC material

1.   CAC material shall, by visual inspection carried out by the supplier in the facilities, fields and lots at the stage of production, be found practically free from the pests listed in Annexes I and II, as regards the genus or species concerned, unless stated otherwise in Annex IV.

The supplier shall carry out sampling and testing of the identified source of material or CAC material for the RNQPs listed in Annex II, and subject to the requirements of Annex IV, with regard to the genus or species concerned and category.

In case of doubts concerning the presence of the RNQPs listed in Annex I, the supplier shall carry out sampling and testing of the identified source of material or CAC material concerned.

CAC propagating material and CAC fruit plants in lots, after the stage of production, shall only be marketed if found free from signs or symptoms of the pests listed in Annexes I and II, upon visual inspection carried out by the supplier.

The supplier shall carry out the measures to ensure compliance with the requirements of paragraph 1 pursuant to Annex IV, with regard to the genus or species concerned and category.

2.   Paragraph 1 shall not apply to CAC material during cryopreservation.’;

(9)

Article 27a is inserted:

‘Article 27a

Requirements with regard to the production site, place of production or area

In addition to the health and soil requirements of Articles 9, 10, 11, 16, 17, 21, 22 and 26, propagating material and fruit plants shall be produced in accordance with the requirements for the production site, place of production, or area as laid down in Annex IV, in order to limit the presence of the RNQPs listed in that Annex for the genus or species concerned.’;

(10)

Annexes I to IV are replaced by the text in Annex X to this Directive.

Article 11 Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 May 2020 at the latest. They shall forthwith communicate to the Commission the text of those provisions.

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 12 Entry into force

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

Article 13 Addressees

This Directive is addressed to the Member States.

Schedules & Appendices

ANNEX I

ANNEX I

Amendment of Directive 66/401/EEC

Directive 66/401/EEC is amended as follows:

(1)

in Annex I, point 5 is replaced by the following:

‘The crop shall be practically free from any pests which reduce the usefulness and quality of the seed.

The crop shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests (“RNQPs”) provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031  ( *1 ) as well as the measures adopted pursuant to Article 30(1) of that Regulation;

The presence of RNQPs on the crop and the respective categories shall comply with the following requirements as set out in the table:

RNQPs or symptoms caused by RNQPs

Plants for planting (genus or species)

Thresholds for the production of pre-basic seed

Thresholds for the production of basic seed

Thresholds for the production of certified seed

Clavibacter michiganensis ssp. insidiosus (McCulloch 1925) Davis et al. [CORBIN]

Medicago sativa L.

0 %

0 %

0 %

Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]

Medicago sativa L.

0 %

0 %

0 %

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’

"

(2)

in Annex II (I), point 3 is replaced by the following:

‘The seed shall be practically free from any pests which reduce the usefulness and quality of the seed.

The seed shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

The presence of RNQPs on the seeds and the respective categories shall comply with the following requirements as set out in the table:

RNQPs or symptoms caused by RNQPs

Plants for planting (genus or species)

Thresholds for pre-basic seed

Thresholds for basic seed

Thresholds certified seed

Clavibacter michiganensis ssp. Insidiosus (McCulloch 1925) Davis et al. [CORBIN]

Medicago sativa L.

0 %

0 %

0 %

Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]

Medicago sativa L.

0 %

0 %

0 %’

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’

”

ANNEX II

ANNEX II

Amendment of Directive 66/402/EEC

Directive 66/402/EEC is amended as follows:

(1)

Annex I is amended as follows:

(a)

part A of point 3 is replaced by the following:

‘A.

Oryza sativa

:

The number of plants which are recognisable as obviously being wild or red-grain plants shall not exceed:

—

0 for the production of basic seed,

—

1 per 100 m 2 for the production of certified seed, first and second generation.’;

(b)

point 6 is replaced by the following:

‘6.

The crop shall be practically free from any pests which reduce the usefulness and quality of the seed.

The crop shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests (“RNQPs”) provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031  ( *1 ) as well as the measures adopted pursuant to Article 30(1) of that Regulation.

The presence of RNQPs on the crops shall comply with the following requirements as set out in the table:

Fungi and oomycetes

RNQPs or symptoms caused by RNQPs

Plants for planting (genus or species)

Thresholds for the production of pre-basic seed

Thresholds for the production of basic seed

Thresholds for the production of certified seed

Gibberella fujikuroi Sawada [GIBBFU]

Oryza sativa L.

Not more than 2 symptomatic plants per 200m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Not more than 2 symptomatic plants per 200m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Certified seed of the first generation (C1):

Not more than 4 symptomatic plants per 200m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Certified seed of the second generation (C2):

Not more than 8 symptomatic plants per 200m 2 seen during field inspections at appropriate times of a representative sample of the plants in each crop.

Nematodes

RNQPs or symptoms caused by RNQPs

Plants for planting

(genus or species)

Thresholds for the production of pre-basic seed

Thresholds for the production of basic seed

Thresholds for the production of certified seed

Aphelenchoides besseyi Christie [APLOBE]

Oryza sativa L.

0 %

0 %

0 %

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’

"

(2)

Annex II is amended as follows:

(a)

point 3 is replaced by the following:

‘3.

The seed shall be practically free from any pests which reduce the usefulness and quality of the seed.

The seed shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30(1) of that Regulation.

The presence of RNQPs on the seeds and the respective categories shall comply with the following requirements as set out in the table:

Nematodes

RNQPs or symptoms caused by RNQPs

Plants for planting

(genus or species)

Thresholds for pre-basic seed

Thresholds for basic seed

Thresholds for certified seed

Aphelenchoides besseyi Christie [APLOBE]

Oryza sativa L.

0 %

0 %

0 %

Fungi

Gibberella fujikuroi Sawada [GIBBFU]

Oryza sativa L.

Practically free

Practically free

Practically free’

(b)

the following point 4 is added:

‘4.

The presence of fungus bodies on the seeds and the respective categories shall comply with the following requirements as set out in the table:

Category

Maximum number of fungus bodies, such as sclerotia, or ergots, in a sample of the weight specified in column 3 of Annex III

Cereals other than hybrids of Secale cereale :

—

Basic seed

1

—

Certified seed

3

Hybrids of Secale cereale :

—

Basic seed

1

—

Certified seed

4  ( *2 )

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’

’

( *2 )   The presence of five fungus bodies such as sclerotia or fragments of sclerotia, or ergots in a sample of the prescribed weight shall be deemed to be in conformity with the standards, where a second sample of the same weight contains no more than four fungus bodies.’

ANNEX III

ANNEX III

Amendment of Directive 68/193/EEC

Directive 68/193/EEC is amended as follows:

(1)

Annex I is replaced by the following:

‘ANNEX I

CONDITIONS RELATING TO THE GROWING CROP

Section 1: Identity, purity and cultural conditions

1.

The growing crop shall have identity and purity with regard to the variety and, where applicable, the clone.

2.

The cultural conditions and the level of development of the growing crop shall be such as to allow sufficient checks on the identity and purity of the growing crop with regard to the variety and, if necessary, the clone, as well as its state of health.

Section 2: Health requirements for stock nurseries intended for the production of all categories of propagating material, and for cutting nurseries of all categories

1.

This Section shall apply to stock nurseries intended for the production of all categories of propagating material, and to cutting nurseries of all those categories.

2.

The stock nurseries and the cutting nurseries shall, by visual inspection, be found free from the regulated non-quarantine pests (RNQPs) listed in Sections 6 and 7, as regards the genus or species concerned.

The stock nurseries and the cutting nurseries shall be sampled and tested for the RNQPs listed in Section 7, as regards the genus or species concerned. In case of doubts concerning the presence of the RNQPs listed in Sections 6 and 7, as regards the genus or species concerned, the stock nurseries and cutting nurseries shall be sampled and tested.

3.

Visual inspection and, where appropriate, sampling and testing of the stock nurseries and cutting nurseries concerned shall be carried out pursuant to Section 8.

4.

Sampling and testing, as provided for in point 2, shall take place in the most appropriate period of the year taking into account the climatic conditions and the growing conditions of the vine, and the biology of the RNQPs relevant for that vine.

As regards sampling and testing, Member States shall apply protocols of the European and Mediterranean Plant Protection Organisation (EPPO), or other protocols which are internationally recognised. Where such protocols do not exist, the relevant protocols established at national level shall be applied. In that case, Member States shall, on request, make available those protocols to the other Member States and to the Commission.

As regards sampling and testing of vines in the stock nurseries intended for the production of initial propagating material, Member States shall apply biological indexing on indicator plants to assess the presence of viruses, viroids, virus-like diseases and phytoplasmas, or other equivalent protocols which are internationally recognised.

Section 3: Soil requirements and production conditions for stock nurseries intended for the production of all categories of propagating material, and for cutting nurseries of all categories of propagating material

1.

The vines in stock nurseries and cutting nurseries may only be planted in soil or, where appropriate, in pots with growing media, free from any pests which may host the viruses listed in Section 7. Freedom from such pests shall be established by sampling and testing.

That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests which may host the viruses listed in Section 7.

2.

Sampling and testing shall not be carried out when the official control authority concludes on the basis of an official inspection that the soil is free from any pests which may host the viruses listed in Section 7.

Sampling and testing shall also not be carried out where vines 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 in that soil of the pests which may host the viruses listed in Section 7.

3.

As regards sampling and testing, 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.

Section 4: Requirements with regard to the production site, place of production or area

1.

The stock nurseries and the cutting nurseries shall be established under appropriate conditions to prevent any risk of contamination by pests which may host the viruses listed in Section 7.

2.

The cutting nurseries shall not be established within a vineyard or stock nursery. The minimum distance from a vineyard or stock nursery shall be three meters.

3.

In addition to the health and soil requirements, and production conditions of Sections 2 and 3, propagating material shall be produced in accordance with the requirements for the production site, place of production, or area as laid down in Section 8 to limit the presence of the pests listed in that Section.

Section 5: Official inspections

1.

The propagating material produced in stock nurseries and cutting nurseries shall be found to comply with the requirements of Sections 2 to 4 through annual official crop inspections.

2.

Those official inspections shall be carried out by the official control authority in accordance with Section 8

3.

Additional official crop inspections shall be carried out in cases of disputes on matters which can be decided without prejudice to the quality of the propagating material.

Section 6: List of RNQPs for the presence of which visual inspection, and, in the case of doubts, sampling and testing are required pursuant to point 2 of Section 2

Genus or species of vine propagating material other than seeds

RNQPs

Insects and mites

Non-grafted Vitis vinifera L.

Viteus vitifoliae Fitch [VITEVI]

Insects and mites

Vitis L. other than non-grafted Vitis vinifera L.

Viteus vitifoliae Fitch [VITEVI]

Bacteria

Vitis L.

Xylophilus ampelinus Willems et al. [XANTAM]

Viruses, viroids, virus-like diseases and phytoplasmas

Vitis L.

Candidatus Phytoplasma solani Quaglino et al. [PHYPSO]

Section 7: List of RNQPs for the presence of which visual inspection, and, in particular cases, sampling and testing are required pursuant to point 2 of Section 2 and Section 8

Genus or species

RNQPs

Viruses, viroids, virus-like diseases and phytoplasmas

Vitis L. propagating material other than seeds

Arabis mosaic virus [ARMV00]

Grapevine fanleaf virus [GFLV00]

Grapevine leafroll associated virus 1 [GLRAV1]

Grapevine leafroll associated virus 3 [GLRAV3]

Viruses, viroids, virus-like diseases and phytoplasmas

Rootstocks of Vitis spp. and their hybrids, except Vitis vinifera L.

Arabis mosaic virus [ARMV00]

Grapevine fanleaf virus [GFLV00]

Grapevine leafroll associated virus 1 [GLRAV1]

Grapevine leafroll associated virus 3 [GLRAV3]

Grapevine fleck virus [GFKV00]

Section 8: Requirements concerning measures for Vitis L. stock nurseries and, where applicable, cutting nurseries per category, pursuant to point 2 of Section 2

Vitis L.

1.    Initial propagating material, basic propagating material and certified material

Visual inspections

The official control authority shall carry out visual inspections on stock nurseries and cutting nurseries at least once per growing season for all RNQPs listed in Sections 6 and 7.

2.    Initial propagating material

Sampling and testing

All vines in the stock nurseries intended for the production of initial propagating material, shall be sampled and tested concerning the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3. That sampling and testing shall be repeated with subsequent intervals of five years.

The stock nurseries intended for the production of rootstocks shall be, in addition to the sampling and testing of the viruses referred to in the first indent, sampled and tested once concerning the presence of Grapevine fleck virus.

The results of sampling and testing shall be available before acceptance of the stock nurseries concerned.

3.    Basic propagating material

Sampling and testing

All vines in the stock nurseries intended for the production of basic propagating material shall be sampled and tested concerning the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3.

Sampling and testing shall start from six-year-old stock nurseries and with subsequent intervals of six years.

The results of sampling and testing shall be available before acceptance of the stock nurseries concerned.

4.    Certified material

Sampling and testing

A representative portion of vines in a stock nursery intended for the production of certified material shall be sampled and tested concerning the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3.

Sampling and testing shall start from ten-year-old stock nurseries and with subsequent intervals of ten years.

The results of sampling and testing shall be available before acceptance of the stock nurseries concerned.

5.    Initial propagating material, basic propagating material, and certified material

Requirements with regard to the production site, place of production or area and according to the RNQPs concerned

(a)

Candidatus Phytoplasma solani Quaglino et al.

(i)

Vines shall be produced in areas known to be free from Candidatus Phytoplasma solani Quaglino et al. ; or

(ii)

no symptoms of Candidatus Phytoplasma solani Quaglino et al. have been observed on vines in the production site over the last complete growing season; or

(iii)

the following conditions shall be fulfilled with regard to the presence of Candidatus Phytoplasma solani Quaglino et al. :

—

all vines in the stock nurseries intended for the production of initial propagating material and basic propagating material showing symptoms of Candidatus Phytoplasma solani Quaglino et al. have been rogued out; and

—

all vines in the stock nurseries intended for the production of certified material showing symptoms of Candidatus Phytoplasma solani Quaglino et al. have been at least excluded from propagation; and

—

in the case where propagating material which is intended for marketing shows symptoms of Candidatus Phytoplasma solani Quaglino et al., the entire lot of that material shall be subjected to hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Candidatus Phytoplasma solani Quaglino et al.

(b)

Xylophilus ampelinus Willems et al.

(i)

Vines shall be produced in areas known to be free from Xylophilus ampelinus Willems et al. ; or

(ii)

no symptoms of Xylophilus ampelinus Willems et al. have been observed on vines in the production site over the last complete growing season; or

(iii)

the following conditions shall be fulfilled with regard to the presence of Xylophilus ampelinus Willems et al. :

—

all vines in the stock nurseries intended for the production of initial propagating material, basic propagating material, and certified material showing symptoms of Xylophilus ampelinus Willems et al. have been rogued out and appropriate hygiene measures shall be taken, and

—

vines in the production site showing symptoms of Xylophilus ampelinus Willems et al. shall be treated with a bactericide after pruning to ensure freedom from Xylophilus ampelinus Willems et al. ; and

—

in the case where propagating material which is intended for marketing shows symptoms of Xylophilus ampelinus Willems et al. , the entire lot of that material shall be subjected to hot water treatment or another appropriate treatment in accordance with protocols of EPPO, or other internationally recognised protocols to ensure freedom from Xylophilus ampelinus Willems et al.

(c)

Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3

(i)

The following conditions shall be fulfilled with regard to the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3:

—

no symptoms of any of those viruses have been observed on vines in stock nurseries intended for the production of initial propagating material and basic propagating material; and

—

symptoms of those viruses have been observed on no more than 5 % of vines in stock nurseries intended for the production of certified material, and those vines have been rogued out and destroyed; or

(ii)

all vines in the stock nurseries intended for the production of initial propagating material, and initial propagating material shall be maintained in insect proof facilities to ensure freedom from Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3.

(d)

Viteus vitifoliae Fitch

(i)

Vines shall be produced in areas known to be free from Viteus vitifoliae Fitch, or

(ii)

vines shall be grafted on rootstocks resistant to Viteus vitifoliae Fitch, or

—

all vines in the stock nurseries intended for the production of initial propagating material, and all initial propagating material shall be maintained in insect proof facilities and no symptoms of Viteus vitifoliae Fitch have been observed on those vines over the last complete growing season; and

—

in the case where propagating material which is intended for marketing shows symptoms of Viteus vitifoliae Fitch, the entire lot of that material shall be subjected to fumigation, hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Viteus vitifoliae Fitch.

6.    Standard material

Visual inspections

The official control authority shall carry out visual inspections on stock nurseries and cutting nurseries at least once per growing season for all RNQPs listed in Sections 6 and 7.

Requirements with regard to the production site, place of production or area and according to the RNQP(s) concerned

(a)

Candidatus Phytoplasma solani Quaglino et al.

(i)

Vines shall be produced in areas known to be free from Candidatus Phytoplasma solani Quaglino et al. ; or

(ii)

no symptoms of Candidatus Phytoplasma solani Quaglino et al. have been observed on vines in the production site over the last complete growing season; or

(iii)

—

all vines in the stock nurseries intended for the production of standard material showing symptoms of Candidatus Phytoplasma solani Quaglino et al. have been at least excluded from propagation; and

—

in the case where propagating material which is intended for marketing shows symptoms of Candidatus Phytoplasma solani Quaglino et al. , the entire lot of that material shall be subjected to hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Candidatus Phytoplasma solani Quaglino et al.

(b)

Xylophilus ampelinus Willems et al.

(i)

Vines shall be produced in areas known to be free from Xylophilus ampelinus Willems et al. ; or

(ii)

no symptoms of Xylophilus ampelinus Willems et al. have been observed on vines in the production site over the last complete growing season; or

(iii)

the following conditions shall be fulfilled with regard to the presence of Xylophilus ampelinus Willems et al. :

—

all vines in the stock nurseries intended for the production of standard material showing symptoms of Xylophilus ampelinus Willems et al. have been rogued out and appropriate hygiene measures shall be taken; and

—

vines in the production site showing symptoms of Xylophilus ampelinus Willems et al. shall be treated with a bactericide after pruning to ensure freedom from Xylophilus ampelinus Willems et al. ; and

—

in the case where propagating material which is intended for marketing shows symptoms of Xylophilus ampelinus Willems et al. , the entire lot of that material shall be subjected to hot water treatment or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Xylophilus ampelinus Willems et al.

(c)

Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3

Symptoms of all viruses ( Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3) have been observed on no more than 10 % of vines in the stock nurseries intended for the production of standard material and those vines have been eliminated from propagation.

(d)

Viteus vitifoliae Fitch

(i)

Vines shall be produced in areas known to be free from Viteus vitifoliae Fitch, or

(ii)

vines shall be grafted on rootstocks resistant to Viteus vitifoliae Fitch, or:

(iii)

in the case where propagating material which is intended for marketing showing signs or symptoms of Viteus vitifoliae Fitch, the entire lot of that material shall be subjected to fumigation, hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Viteus vitifoliae Fitch.’;

(2)

in Annex II, point I(4) is replaced by the following:

‘4.

Propagating material shall be practically free from any pests which reduce the usefulness and quality of the propagating material.

Propagating material shall also comply with the requirements concerning Union quarantine pests and protected zone quarantine pests provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30(1) of that Regulation.’

ANNEX VI

ANNEX VI

Amendment of Annexes I and II to Directive 2002/55/EC

Directive 2002/55/EC is amended as follows:

(1)

in Annex I, point 5 is replaced by the following:

‘5.

The crop shall be practically free from any pests which reduce the usefulness and quality of the propagation material.

The crop shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests (“RNQPs”) provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031  ( *1 ) , as well as with the measures adopted pursuant to Article 30(1) of that Regulation.

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 )’."

(2)

Annex II is amended as follows:

(a)

point 2 is replaced by the following:

‘2.

Seed shall be practically free from any pests which reduce the usefulness and quality of the propagation material.

The seed shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.’;

(b)

point 3(b) is replaced by the following:

‘(b)

The presence of regulated non-quarantine pests (RNQPs) on vegetable seed shall, at least upon visual inspection, not exceed the respective thresholds set out in the following table:

Bacteria

RNQPs or symptoms caused by RNQPs

Genus or species of vegetable seed

Threshold for the presence of RNQPs on the vegetable seed

Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al . [CORBMI]

Solanum lycopersicum L.

0 %

Xanthomonas axonopodis pv. phaseoli (Smith) Vauterin et al . [XANTPH]

Phaseolus vulgaris L.

0 %

Xanthomonas euvesicatoria Jones et al . [XANTEU]

Capsicum annuum L., Solanum lycopersicum L.

0 %

Xanthomonas fuscans subsp. fuscans Schaad et al . [XANTFF]

Phaseolus vulgaris L.

0 %

Xanthomonas gardneri (ex Šutič 1957) Jones et al [XANTGA]

Capsicum annuum L., Solanum lycopersicum L.

0 %

Xanthomonas perforans Jones et al . [XANTPF]

Capsicum annuum L., Solanum lycopersicum L.

0 %

Xanthomonas vesicatoria (ex Doidge) Vauterin et al . [XANTVE]

Capsicum annuum L., Solanum lycopersicum L.

0 %

Insects and mites

RNQPs or symptoms caused by RNQPs

Genus or species of vegetable seed

Threshold for the presence of RNQPs on the vegetable seed

Acanthoscelides obtectus (Say) [ACANOB]

Phaseolus coccineus L., Phaseolus vulgaris L.

0 %

Bruchus pisorum (Linnaeus) [BRCHPI]

Pisum sativum L.

0 %

Bruchus rufimanus Boheman [BRCHRU]

Vicia faba L.

0 %

Nematodes

RNQPs or symptoms caused by RNQPs

Genus or species of vegetable seed

Threshold for the presence of RNQPs on the vegetable seed

Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI]

Allium cepa L., Allium porrum L.

0 %

Viruses, viroids, virus-like diseases and phytoplasmas

RNQPs or symptoms caused by the RNQPs

Genus or species of the vegetable seed

Threshold for the presence of the RNQPs on the vegetable seed

Pepino mosaic virus [PEPMV0]

Solanum lycopersicum L.

0 %

Potato spindle tuber viroid [PSTVD0]

Capsicum annuum L., Solanum lycopersicum L.

0 %’

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 )’.”

ANNEX VII

ANNEX VII

Amendment of Directive 2002/56/EC

Directive 2002/56/EC is amended as follows:

(1)

Annex I is replaced by the following:

‘ANNEX I

MINIMUM CONDITIONS TO BE SATISFIED BY SEED POTATOES

1.

In the case of basic seed potatoes, the number of growing plants not breeding true to the variety and the number of plants of a different variety shall, together, not exceed 0,1 % and in the direct progeny, shall, together, not exceed 0,25 %.

2.

In the case of certified seed potatoes, the number of plants not breeding true to the variety and the number of plants of a different variety, shall, together, not exceed 0,5 % and in the direct progeny, shall, together, not exceed 0,5 %.

3.

Seed potatoes shall comply with the following requirements concerning the presence of regulated non-quarantine pests (RNQPs), or diseases caused by RNQPs, and the respective categories, as set out in the following table:

RNQPs or symptoms caused by RNQPs

Threshold in the growing plants for basic seed potatoes

Threshold in the growing plants for certified seed potatoes

Blackleg ( Dickeya Samson et al . spp . [1DICKG]; Pectobacterium Waldee emend. Hauben e t al . spp . [1PECBG])

1,0 %

4,0 %

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

0 %

Candidatus Phytoplasma solani Quaglino et al . [PHYPSO]

0 %

0 %

Mosaic symptoms caused by viruses

and

symptoms caused by Potato leaf roll virus [PLRV00]

0,8 %

6,0 %

Potato spindle tuber viroid [PSTVD0]

0 %

0 %

RNQPs or symptoms caused by RNQPs

Threshold in the direct progeny of basic seed potatoes

Threshold in the direct progeny of certified seed potatoes

Symptoms of virus infection

4,0 %

10,0 %

4.

The maximum number of generations of basic seed potatoes shall be four, and the combined generations of pre-basic seed potatoes in the field and basic seed potatoes shall be seven.

The maximum number of generations of certified seed potatoes shall be two.

If the generation is not indicated on the official label, the seed potatoes concerned shall be considered as belonging to the maximum generation that is permitted within the respective category.’;

(2)

Annex II is replaced by the following:

‘ANNEX II

MINIMUM QUALITY CONDITIONS FOR LOTS OF SEED POTATOES

The following tolerances for impurities, blemishes and RNQPs, or symptoms caused by RNQPs, are allowed for seed potatoes:

(1)

presence of earth and extraneous matter: 1,0 % by mass for basic seed potatoes and 2,0 % by mass for certified seed potatoes;

(2)

dry and wet rot combined, except if caused by Synchytrium endobioticum , Clavibacter michiganensis ssp. sepedonicus or Ralstonia solanacearum : 0,5 % by mass, of which wet rot 0,2 % by mass;

(3)

external blemishes, e.g. misshapen or damaged tubers: 3,0 % by mass;

(4)

common scab affecting tubers over more than one third of their surface: 5,0 % by mass;

(5)

shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf: 1,0 % by mass;

(6)

RNQPs, or symptoms caused by RNQPs, on lots of seed potatoes:

RNQPs or symptoms caused by RNQPs

Threshold of the presence of the RNQPs on basic seed potatoes by mass

Threshold of the presence of the RNQPs on certified seed potatoes by mass

Candidatus Liberibacter solanacearum Liefting et al .

0 %

0 %

Ditylenchus destructor Thorne [DITYDE]

0 %

0 %

Black scurf affecting tubers over more than 10 % of their surface as caused by Thanatephorus cucumeris (A.B. Frank) Donk [RHIZSO]

5,0 %

5,0 %

Powdery scab affecting tubers over more than 10 % of their surface as caused by Spongospora subterranea (Wallr.) Lagerh. [SPONSU]

3,0 %

3,0 %;

(7)

total tolerance for items 2 to 6: 6,0 % by mass for basic seed potatoes, and 8,0 % by mass for certified seed potatoes.’

ANNEX VIII

ANNEX VIII

Amendment of Directive 2002/57/EC

Directive 2002/57/EC is amended as follows:

(1)

in Annex I, point 4 is replaced by the following:

‘4.

The crop shall be practically free from any pests which reduce the usefulness and quality of the propagating material. The crop shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests (“RNQPs”) provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031  ( *1 ) , as well as with the measures adopted pursuant to Article 30(1) of that Regulation.;

The presence of RNQPs on the crops shall comply with the following requirements as set out in the table:

Fungi and oomycetes

RNQPs or symptoms caused by RNQPs

Plants for planting (genus or species)

Thresholds for the production of pre-basic seed

Thresholds for the production of basic seed

Thresholds for the production of certified seed

Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA]

Helianthus annuus L.

0 %

0 %

0 %

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’

"

(2)

In Annex II, point (5) of Section I is replaced by the following:

‘5.

The seed shall be practically free from any pests which reduce the usefulness and quality of the propagating material.

The seed shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as with the measures adopted pursuant to Article 30(1) of that Regulation.

The presence of RNQPs on the seeds and the respective categories shall comply with the following requirements as set out in the table:

Fungi and oomycetes

RNQPs or symptoms caused by RNQPs

Plants for planting

(genus or species)

Thresholds for pre-basic seed

Thresholds for basic seed

Thresholds for certified seed

Alternaria linicola Groves & Skolko [ALTELI]

Linum usitatissimum L.

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

Boeremia exigua var. linicola (Naumov & Vassiljevsky) Aveskamp, Gruyter & Verkley [PHOMEL]

Linum usitatissimum L. - flax

1 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

1 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

1 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

Boeremia exigua var. linicola (Naumov & Vassiljevsky) Aveskamp, Gruyter & Verkley [PHOMEL]

Linum usitatissimum L. - linseed

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

Botrytis cinerea de Bary [BOTRCI]

Helianthus annuus L., Linum usitatissimum L.

5 %

5 %

5 %

Colletotrichum lini Westerdijk [COLLLI]

Linum usitatissimum L.

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

Diaporthe caulivora (Athow & Caldwell) J.M. Santos, Vrandecic & A.J.L. Phillips [DIAPPC]

Diaporthe phaseolorum var. sojae Lehman [DIAPPS]

Glycine max (L.) Merr

15 % for infection with the Phomopsis complex

15 % for infection with the Phomopsis complex

15 % for infection with the Phomopsis complex

Fusarium (anamorphic genus) Link [1FUSAG]

other than Fusarium oxysporum f. sp. albedinis (Kill. & Maire) W.L. Gordon [FUSAAL] and Fusarium circinatum Nirenberg & O’Donnell [GIBBCI]

Linum usitatissimum L.

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

5 %

5 % affected with Alternaria linicola , Boeremia exigua var. linicola , Colletotrichium lini and Fusarium spp

Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA]

Helianthus annuus L.

0 %

0 %

0 %

Sclerotinia sclerotiorum (Libert) de Bary [SCLESC]

Brassica rapa L. var. silvestris (Lam.) Briggs,

Not more than 5 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC.

Not more than 5 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC.

Not more than 5 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC.

Sclerotinia sclerotiorum (Libert) de Bary [SCLESC]

Brassica napus L. (partim), Helianthus annuus L.

Not more than 10 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC

Not more than 10 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC

Not more than 10 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC

Sclerotinia sclerotiorum (Libert) de Bary [SCLESC]

Sinapis alba L.

Not more than 5 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC

Not more than 5 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC.

Not more than 5 sclerotia or fragments of sclerotia found in a laboratory examination of a representative sample of each seed lot, of a size specified in column 4 of Annex III to Directive 2002/57/EC.’

( *1 )   Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC ( OJ L 317, 23.11.2016, p. 4 ).’

”

ANNEX IX

ANNEX IX

Amendment of Implementing Directive 2014/21/EU

The Annex to Implementing Directive 2014/21/EU is replaced by the following:

‘ANNEX

Conditions for placing on the market of pre-basic seed potatoes as Union grades PBTC and PB

(1)

The conditions for pre-basic seed potatoes of Union grade PBTC shall be as follows:

(a)

conditions concerning seed potatoes:

(i)

plants not breeding true to the variety, or plants of a different variety, shall not be present in the crop;

(ii)

plants, including tubers, are produced through micro-propagation;

(iii)

plants, including tubers, are produced in a protected facility and in a growing medium which is free from pests;

(iv)

tubers shall not be multiplied beyond the first generation;

(v)

plants shall comply with the following thresholds concerning the presence of RNQPs, or symptoms caused by the respective RNQP, as set out in the following table:

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the growing plants for pre-basic seed potatoes of Union grade PBTC

Blackleg ( Dickeya Samson et al . spp. [1DICKG]; Pectobacterium Waldee emend. Hauben et al . spp. [1PECBG])

0 %

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

Candidatus Phytoplasma solani Quaglino et al . [PHYPSO]

0 %

Mosaic symptoms caused by viruses

and

symptoms caused by Potato leaf roll virus [PLRV00]

0 %

Potato spindle tuber viroid [PSTVD0]

0 %

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the direct progeny of pre-basic seed potatoes of Union grade PBTC

Symptoms of virus infection

0 %.

(b)

conditions concerning lots:

(i)

they shall be free from seed potatoes affected by rots;

(ii)

they shall be free from seed potatoes affected by common scab;

(iii)

they shall be free from seed potatoes excessively shrivelled due to dehydration;

(iv)

they shall be free from seed potatoes with external blemishes, including misshapen or damaged tubers;

(v)

lots of pre-basic seed potatoes shall comply with the following thresholds concerning the presence of RNQPs, or symptoms caused by the respective RNQPs as set out in the following table:

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the lots of pre-basic seed potatoes of Union grade PBTC by mass

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

Ditylenchus destructor Thorne [DITYDE]

0 %

Black scurf as caused by Thanatephorus cucumeris (A.B. Frank) Donk [RHIZSO]

0 %

Powdery scab as caused by Spongospora subterranea (Wallr.) Lagerh. [SPONSU]

0 %.

(2)

The conditions for pre-basic seed potatoes of Union grade PB shall be as follows:

(a)

conditions concerning seed potatoes:

(i)

the number of plants not breeding true to the variety and the number of plants of a different variety together, shall not exceed 0,01 %;

(ii)

plants shall comply with the following thresholds concerning the presence of RNQPs, or symptoms caused by the respective RNQPs, as set out in the following table:

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the growing plants for pre-basic seed potatoes of Union grade PB

Blackleg ( Dickeya Samson et al . spp . [1DICKG]; Pectobacterium Waldee emend. Hauben e t al . spp . [1PECBG])

0 %

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

Candidatus phytoplasma solani Quaglino et al . [PHYPSO]

0 %

Mosaic symptoms caused by viruses

and

symptoms caused by Potato leaf roll virus [PLRV00]

0,1 %

Potato spindle tuber viroid [PSTVD0]

0 %

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the direct progeny of pre-basic seed potatoes of Union grade PB

Symptoms of virus infection

0,5 %;

(b)

tolerances applicable to lots, as regards the following impurities, blemishes and diseases:

(i)

seed potatoes affected by rots, other than ring rot or brown rot, shall not exceed 0,2 % by mass;

(ii)

seed potatoes affected by common scab over more than one third of their surface, shall not exceed 5,0 % by mass;

(iii)

shrivelled tubers due to excessive dehydration or dehydration caused by silver scurf, shall not exceed 0,5 % by mass;

(iv)

seed potatoes with external blemishes, including misshapen or damaged tubers, shall not exceed 3,0 % by mass;

(v)

the presence of earth and extraneous matter shall not exceed 1,0 % by mass;

(vi)

lots of pre-basic seed potatoes shall comply with the following thresholds concerning the presence of RNQPs, or symptoms caused by the respective RNQPs as set out in the following table:

RNQPs or symptoms caused by RNQPs

Threshold for the presence of RNQPs on the lots of pre-basic seed potatoes of Union grade PB by mass

Candidatus Liberibacter solanacearum Liefting et al . [LIBEPS]

0 %

Ditylenchus destructor Thorne [DITYDE]

0 %

Black scurf affecting tubers over more than 10 % of their surface as caused by Thanatephorus cucumeris (A.B. Frank) Donk [RHIZSO]

1,0 %

Powdery scab affecting tubers over more than 10 % of their surface as caused by Spongospora subterranea (Wallr.) Lagerh. [SPONSU]

1,0 %;

(vii)

the total percentage of seed potatoes covered by tolerances, as referred to in points (i) to (iv) and (vi), shall not exceed 6,0 % by mass.’