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Commission Implementing Directive (EU) 2022/2438 of 12 December 2022 amending Directive 93/49/EEC and Implementing Directive 2014/98/EU as regards Union regulated non-quarantine pests on propagating material of ornamental plants, fruit plant propagating material and fruit plants intended for fruit production Article 2

Amendments of Implementing Directive 2014/98/EU

Article 2

Implementing Directive 2014/98/EU is amended as follows: (1) in Article 10, paragraph 5 is replaced by the following: ‘5.   Paragraph 1 shall not apply to: (a) pre-basic mother plants and pre-basic material during cryopreservation; (b) pre-basic material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’; (2) in Article 16, paragraph 5 is replaced by the following: ‘5.   Paragraph 1 shall not apply to: (a) basic mother plants and basic material during cryopreservation; (b) basic material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’; (3) in Article 21, paragraph 5 is replaced by the following: ‘5.   Paragraph 1 shall not apply to: (a) certified mother plants and certified material during cryopreservation; (b) certified material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’; (4) in Article 26, paragraph 2 is replaced by the following: ‘2.   Paragraph 1 shall not apply to: (a) CAC material during cryopreservation; (b) CAC material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 (1995), Rome, IPPC, FAO 2017).’; (5) Article 32 is replaced by the following: ‘Article 32 Transitional measures Member States may until 31 December 2029 allow the marketing of seeds and seedlings produced from pre-basic, basic and certified mother plants or CAC material which existed before 1 January 2017, and have been officially certified or meet the conditions to be qualified as CAC material before 31 December 2029. When marketed, such materials shall be identified by a reference to this Article on the label and a document.’; (6) Annexes I, II, IV and V are amended in accordance with Annex II to this Directive.

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