Published: 2011-06-13
Key Benefits:
Passed 08.06.2011 Annex 52
This Regulation is established pursuant to § 4 (3), § 8 (2²), § 34 (3), § 64 (5), § 65 (4) (7), § 101 (4) and § 104 (4) of the Plant Propagation and Plant Variety Rights Act.
(1) This Act establishes the categories of fruit and berry plant propagating and planting material, requirements for the description of fruit and berry varieties, requirements for registration of plant varieties (hereinafter varieties), entry of varieties in the Variety List, granting of plant variety rights, rights of the holders of plant variety rights, production for marketing purposes of seed, plant propagating material (hereinafter propagating material), cultivating material and genetic resources, including the packaging, marketing and conveyance to Estonia and state supervision thereof, and the liability for violation of this Act and legislation established on the basis thereof.
(2) Requirements laid down in the Plant Protection Act are also applied to the propagation, production and marketing of fruit and berry plant propagating and planting material.
(3) Requirements of this Regulation are applied to the suppliers entered into the plant
health register and dealing with the propagating and planting material referred to in § 31 (1, point 2) and (2) of the Plant Protection Act.
(4) Requirements of this Regulation are not applied to the fruit and berry plant propagating and planting material used in experiments, research, variety breeding and maintenance of genetic resources.
(5) Requirements of this Regulation are also applied to the rootstocks or other parts of plants belonging to other genera and species or their hybrids, if they have been grafted or intended for grafting to the plants of the species referred to in this Regulation.
(1) Requirements of this Regulation are applied to the species and genera of the propagating and planting material of the following fruit and berry plants:
1) European olive (Olea europaea L.);
2) sour cherry (Prunus cerasus L.);
3) apricot (Prunus armeniaca L.);
4) sea buckthorn (Hippophae rhamnoides L.);
5) sweet chestnut (Castanea sativa Mill.);
6) quince (Cydonia oblonga Mill.);
7) bitter almond (Prunus amygdalus Batsch);
8) pistachio (Pistacia vera L.);
9) plum (Prunus domestica L.);
10) hazel (Corylus avellana L.);
11) fig (Ficus carica L.);
12) peach (Prunus persica (L.) Batsch);
13) walnut (Juglans regia L.);
14) sweet cherry (Prunus avium L.);
15) lychee (Prunus salicina Lindley);
16) genus kumquat (Fortunella Swingle);
17) genus strawberry (Fragaria L.);
18) genus blackberry (Rubus L.);
19) genus bilberry (Vaccinium L.);
20) genus pear (Pyrus L.);
21) genus poncirus (Poncirus Raf.);
22) genus currant (Ribes L.);
23) genus citrus (Citrus L.);
24) genus apple (Malus Mill.).
(2) For the purposes of this Regulation, the seed, a part of the plant and the whole plant material, incl. the rootstock intended for the propagation and production of fruit and berry plants, is fruit and berry plant propagating material.
(3) For the purposes of this Regulation, the plant intended for postmarketing planting or transplanting is fruit and berry plant propagating material.
(4) For the purposes of this Regulation, the quantity of the propagating and planting material of the same variety and species and of the same origin and composition is a lot of propagating and planting material.
(1) Parent plant propagating material is pest free, has species and varietal identity and adequate purity and is intended for the production of pre-basic propagating material.
(2) Pre-basic propagating material:
1) has been produced from parent plant propagating material according to generally recognised methods with a view to maintain varietal identity, incl. characteristics of pomological value, and to prevent plant diseases;
2) is intended for the production of basic and certified propagating material, excl. planting material;
3) meets the requirements for pre-basic propagating material and is furnished with a document proving it.
(3) Basic propagating material:
1) has been produced from pre-basic propagating material either directly or as a result of a certain number of vegetative propagation stages according to generally recognised methods with a view to maintain varietal identity, incl. characteristics of pomological value, and to prevent plant diseases;
2) is intended for the production of certified propagating material;
3) meets the requirements for basic propagating material category and is furnished with a document proving it.
(4) Certified propagating material:
1) has been produced directly from basic or pre-basic propagating material or if it is intended for the production of rootstock, from certified seed originating from basic or certified propagating material intended for the production of rootstocks;
2) is intended for the production of planting material;
3) meets the requirements for certified propagating material category and is furnished with a document proving it.
(5) Certified planting material:
1) has been produced directly from certified, basic or pre-basic propagating material;
2) is intended for the production of fruit or berries;
3) meets the requirements for certified planting material category and is furnished with a document proving it.
(6) Inspected or Conformitas Agraria Communitatis propagating and planting material (hereinafter CAC-material):
1) meets the requirements for species and varietal identity and purity;
2) is intended for the production of fruit or berries;
3) meets the requirements for CAC-material category;
4) is furnished with a valid supplier’s document.
(7) Virus free (v.f.) propagating material:
1) has been tested during vegetation period according to internationally recognised methods and has been declared free from the symptoms of viruses or virus-like pests and has been kept in conditions precluding infection with viruses and virus-like pests;
2) during the number of propagated generations characteristic of the species descends directly from the propagating material referred to in point 1, has been tested during vegetation period according to internationally recognised methods and has been declared free from the symptoms of viruses or of virus-like pests and has been kept in conditions precluding infection with viruses and virus-like pests;
3) is furnished with a declaration proving conformity with the requirements provided in points 1 and 2.
(8) Virus tested (v.t.) propagating material
1) has been tested during vegetation period according to internationally recognised methods and has been declared free from the symptoms of viruses or virus-like pests, has been kept in conditions precluding infection with viruses and virus-like pests and has been declared free from the symptoms of certain viruses or virus-like infectious agents reducing the usefulness of propagating material;
2) during the number of certain propagated generations descends vegetatively directly from the propagating material referred to in point 1, during vegetation period has been declared free from the symptoms of virus-like pests and has been kept in conditions precluding infection;
3) is furnished with a declaration proving conformity with the requirements provided in points 1 and 2.
(1) Supplier draws up a list of the varieties (hereinafter list of varieties kept by supplier) produced and marketed by him and listed in § 2 (1).
(2) List of varieties kept by supplier includes the following data:
1) variety denomination with its generally known synonyms;
2) information about the maintenance of the variety and the used way of propagation;
3) variety description, consisting at least of the relevant varietal characteristics listed in point 1;
4) most important specific variety characteristics enabling to distinguish the variety from other similar varieties.
(3) Supplier dealing only with the marketing of propagating and planting material does not have to include the data referred to in points 2 and 4 in the list of varieties kept by supplier.
(1) Supplier producing and marketing the propagating and planting material of a well known fruit and berry variety and wishing to continue marketing after 30 September 2012, shall on the basis of the variety characteristics listed in Annex 1 draw up a variety description of those well known fruit and berry varieties produced and marketed by him, which have not been registered and granted plant variety rights and with regard to which no application to register or grant plant variety rights has been submitted neither in Estonia nor in any other Member State.
(2) Supplier submits to the Agricultural Board the variety description of a well known fruit and berry variety for the establishment of conformity and for obtaining the right to maintain the variety as well as an application including at least the following data:
1) supplier’s name;
2) name of the maintainer of the variety;
3) variety denomination with its generally known synonyms.
(3) Agricultural Board shall check the conformity of the variety description with the variety characteristics listed in point 1.
(4) Agricultural Board does not certify the conformity of the variety description if:
1) the variety has been registered in Estonia or in some other Member State;
2) application for variety registration has been submitted in Estonia or in some other Member State;
3) conformity of the variety description has been established in some other Member State;
4) variety description does not include the required data.
(5) Supplier wishing to become a maintainer of a well known fruit and berry variety with the variety description in conformity with requirements shall submit a relevant application to the Agricultural Board.
(6) Agricultural Board shall publish the list of well known fruit and berry varieties and their descriptions on its website.
(1) Supplier engaged in the production of propagating and planting material:
1) shall identify critical points of production and the relevant measures applied, shall document those measures and ensure their implementation (hereinafter own checks program);
2) shall perform visual inspections with a view to identify the existence of quality reducing pests and harmful organisms (hereinafter pests);
3) if necessary, shall take samples with a view to identify the existence of pests in the manner prescribed by the Agricultural Board;
4) in the course of production shall ensure the distinctive character of lots in the manner enabling to establish the intended purpose of the lot of propagating or planting material.
(2) Supplier shall nominate a person responsible for the implementation and performance of the own checks program.
(3) Where a pest listed in Annex 1 has been identified, pesticides shall be applied immediately or damaged plants shall be destroyed.
(4) Supplier shall immediately inform the Agricultural Board about the identification of the existence of a pest exceeding the maximum permitted level and shall apply the measures required by the Agricultural Board.
(5) Sample taken to identify the existence of a pest shall be analysed in the laboratory prescribed by the Agricultural Board.
(1) To meet the requirement provided in point 1 of § 6 (1) supplier shall draw up an own checks program, describing the critical points of production (caused by the method of production) and the measures applied.
(2) Particularly the following activities are regarded as critical points:
1) bringing parent propagating material to the holding and the assessment of its quality, incl. plant health status;
2) sowing or propagating, pricking, planting or transplanting of propagating material;
3) growing of propagating and planting material, considering the used technology;
4) harvesting of propagating and planting material;
5) applying measures to identify the existence of pests in propagating and planting material;
6) processing, packaging, storage and transportation of propagating and planting material.
(3) Own checks program must include at least the following data:
1) undertaking’s name and contact data;
2) name and contact data of the person responsible for production;
3) plant health register’s entry number;
4) data on parent propagating material, incl. on bringing this material into the holding and its origin;
5) data on the propagating and planting material grown by species, varieties and lots with data on the plot of land used on the basis of the field book or the land, building or facility use plan;
6) data on stored and marketed propagating and planting material by lots;
7) data on the inspections and checks performed, incl on samplings and their results;
8) description of the measures applied to avoid bringing pests in and to prevent their spread and of control measures and the results of those measures;
9) description of the measures applied to get rid of pests and the results of the application of those measures, incl. data on the destroyal of damaged plants and their quantity and the description of the manner of destroyal.
(4) Supplier keeps data on the results of the check of critical points and applied measures and data and documents with regard to bought, imported, produced, stored and marketed propagating material on paper or electronically at least for three years.
(1) Regarding the marketing of propagating and planting material the variety denomination of marketed propagating and planting material must be indicated in the documents required. Where rootstock variety has not been identified, the name of the hybrid of the relevant species or between species must be indicated in documents.
(2) It is allowed to market the propagating and planting material belonging to the category of propagating and planting material provided in § 3, of which the lot has been clearly marked.
(3) Variety of marketed propagating and planting material must be either:
1) under plant variety rights;
2) registered;
3) known. A variety is known when it has been registered in some other Member State or an application for registration or granting plant variety rights has been submitted with regard to it in Estonia or in some other Member State or its propagating and planting material has been marketed in Estonia or in some other Member State before 30 September 2012 and if the conformity of the description of this variety has been declared.
(4) Propagating and planting material belonging to the marketed lot must have species and varietal identity, be checked for pests, normally developed, without freeze, drought, mechanical and other damage and withering characteristics, well rooted and with healthy roots, dormant where marketed bare root and furnished with a required document.
(5) Genetically modified fruits and berries may be marketed provided their variety has been registered and a marketing permit or a permit for placing on the market has been issued with regard to the genetically modified organism contained in the variety.
(6) Marketed propagating and planting material of a plant species belonging to genus Citrus:
1) originates from the propagating material in which no disease symptoms caused by viruses, virus-like organisms or fungus referred to in point 1 of Annex 2 have been identified by visual inspection, which has been analysed in a laboratory using relevant methods and which has been declared free from the pests referred to;
2) has been checked during the last vegetation period and as a result of the check no disease symptoms caused by viruses, virus-like organisms or fungus referred to in point 1 of Annex 2 exceeding the maximum permitted level have been identified;
3) has been grafted to a rootstock not vulnerable to viroids.
(7) Supplier dealing exclusively with the marketing of propagating and planting material shall draw up an own checks program, describing the critical points referred to in point 6 of § 7 (2) and containing the data listed in points 1–3 of § 7 (3) and in (6) and (7).
(8) Supplier is responsible for the species and varietal identity and purity of marketed propagating and planting material.
(1) CAC propagating and planting material lot intended for further growing, propagating, production plantation establishment or wholesale marketing shall be furnished by supplier with a document indicating the following data:
1) words „EL kvaliteet“ or „ EU quality “;
2) name of the Member State or its abbreviation;
3) name of the competent authority or its abbreviation;
4) plant health register’s entry number;
5) lot number or other identifying characteristics;
6) date of issue of the supplier’s document;
7) name of propagating and planting material species in Latin;
8) fruit and berry crop variety denomination;
9) rootstock variety denomination or marking or rootstock species denomination in Estonian, if the rootstock belongs to another plant species;
10) number of plants in the lot;
11) category of propagating and planting material;
12) name of the producer country if propagating and planting material has been imported.
(2) Supplier shall furnish the propagating and planting material lot or single set retail marketed to final consumer with product specification.
(3) As regards a plant furnished with plant passport the data referred to in paragraph 1 may be indicated in plant passport.
(4) Regarding micropropagated propagation and planting material, the word „micropropagation“ shall be indicated in supplier’s document or product description.
(5) Marking or document of marketed genetically modified propagating and planting material shall include a notation indicating that the variety has been genetically modified and data on genetically modified organisms in this material.
(6) Where propagating and planting material of different origin has been put together or mixed during packaging, storage, transportation or other operations, supplier shall maintain data on the composition of the lot and the origin of its components.
§ 3 (7) and (8) and § 4 of this Regulation shall remain valid until 29 September 2012.
Regulation No 62 of the Minister of Agriculture, 9 May 2006, Categories of fruit and berry propagating and planting material and requirements for the production and marketing of fruit and berry propagating material (RTL 2006, 41, 736; 2009, 93, 1348) shall be repealed.
1 Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 157, 10.06.1992, p. 10–18), amended by Directives 2003/61/EC (OJ L 165, 3.07.2003, p. 23–28) and 2003/111/EC (OJ L 311, 27.11.2003, p. 12–13); Commission Directive 93/48/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by fruit plant propagating material and fruit plants intended for fruit production, pursuant to Council Directive 92/34/EEC (OJ L 250, 7.10.1993, p. 1–8); Commission Directive 93/64/EEC of 5 July 1993 setting out the implementing measures concerning the supervision and monitoring of suppliers and establishments pursuant to Council Directive 92/34/EEC on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 250, 7.10.1003, p.33–34); Commission Directive 93/79/EEC 93/79/EEC of 21 September 1993 setting out additional implementing provisions for lists of varieties of fruit plant propagating material and fruit plants, as kept by suppliers under Council Directive 92/34/EEC (OJ L 256, 14.10.1993, p. 25–31; Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (OJ L 267, 8.10.2008, p. 8–22).
Helir-Valdor Seeder
Minister
Ants Noot
Secretary General
Annex 1 Characteristics of fruit and berry varieties
Annex 2 List of the pests reducing the quality of fruit and berry propagating material and the permitted levels of their existence
