Advanced Search

Regulation on the control of bacterial ring rot and mucus disease

Original Language Title: Verordnung zur Bekämpfung der Bakteriellen Ringfäule und der Schleimkrankheit

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation on the control of bacterial ring rot and mucus disease

Unofficial table of contents

CartRingfV 2001

Date of completion: 05.06.2001

Full quote:

" Regulation on the control of the bacterial ring rot and the mucus disease of 5 June 2001 (BGBl. 1006, 1008), which was last amended by Article 6 of the Regulation of 10 June 2008. October 2012 (BGBl. 2113). "

Status: Last amended by Art. 6 V v. 10.10.2012 I 2113

For more details, please refer to the menu under Notes
This Regulation provides for the implementation of Council Directive 98 /57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. 1. EC No L 235 p. 1).

Footnote

(+ + + Text certificate: 9.6.2001 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 57/98 (CELEX Nr: 31998L0057) + + +)

The V has been referred to as Article 2 d. V. 5.6.2001 I 1006 (KartSchadV) issued by the Federal Ministry for Consumer Protection, Food and Agriculture with the consent of the Federal Council. She's gem. Art. 4 of this V mWv 9.6.2001 entered into force. Unofficial table of contents

Content Summary

Section 1
General safeguards
§ 1 Notifiable
§ 2 Monitoring
§ 3 Infested
§ 4 Infestation
§ 5 Demarcation and abolition of the security zone
§ 6 Safeguard measures in the security zone
§ 7 Prohibition of rearing and rearing
Section 2
Special protection provisions in case of infestation
§ 8 Use and treatment in case of infestation on potatoes
§ 9 Use and treatment of tomato plants in the event of infestation
§ 10 Prohibitions and restrictions in case of infection with the bacterial ring rot
§ 11 Prohibitions and restrictions on infestation with mucus disease on potatoes
§ 12 Bans and restrictions on infestation with the mucus disease on tomato plants
Section 3
Exceptions, regularties
§ 13 Derogations for experimental and breeding purposes
§ 14 Irregularities

Section 1
General safeguards

Unofficial table of contents

§ 1 Display obligations

(1) The pledge referred to in paragraph 2 shall have the occurrence and suspicion of occurrence.
1.
The bacterial ring rot of the potato (bacterial ring rot) (harmful organism: Clavibacter michiganensis (Smith) Smith et al. ssp. sepedonicus (Spieck. et Kotth.) Davis et al.) or
2.
the mucus disease (harmful organism: Ralstonia solanacearum (Smith) Yabuuchi et al.) on potatoes, tomato plants or other host plants
without delay, indicating the location of the plants or the place of storage of the potatoes to the competent authority. (2)
1.
in the case of the bacterial ring rot and in the case of the mucus disease on potatoes, the authorized persons and the owners of field stocks of potatoes or potatoes harvested, stored or placed on the market, or
2.
in the case of the mucous disease of tomatoes or other host plants, the authorized persons and the owners of the field or greenhouse residues of these plants or of tomato plants which have been stored or placed on the market.
(3) Any person beyond paragraph 2 in the course of his or her professional or professional handling
1.
with potatoes, knowledge of the occurrence or suspicion of the occurrence of the bacterial ring rot or the mucus disease, or
2.
with tomato plants, knowledge of the occurrence or suspicion of the occurrence of mucus disease
shall be notified without delay to the competent authority. Public or private investigative bodies carrying out investigations on potatoes shall also be required to be immediately displayed, as well as persons who are responsible for the official recognition of planting material pursuant to section 14 (1), section 17 (1) or Article 18 (1) of the Regulation on seed potatoes, as amended, if they are aware of the occurrence or suspicion of the occurrence of a harmful organism as referred to in paragraph 1. (4) The provisions of this Regulation shall apply not for fruit and seeds of tomato plants. Unofficial table of contents

§ 2 Monitoring

(1) The competent authority shall monitor through annual systematic surveys
1.
the harvested potato tubers, stored and placed on the market, on the infestation with the bacterial ring rot and the mucus disease,
2.
Tomato plants, which are intended for the commercial further culture, to the visible infestation with the mucus disease.
In the context of the monitoring referred to in paragraph 1 (1), potato tubers shall be placed on the bacterial ring rot in accordance with the procedure laid down in Annex I to Council Directive 93 /85/EEC of 4 November 1993. October 1993 on the fight against the bacterial ring rot of the potato (OJ C 327, 28.11.1993, p EC No 1), as amended and to the mucus disease, as defined in Annex II to Council Directive 98 /57/EC of 20 July 1998 on the control of Ralstonia solanacearum (Smith) Yabuuchi et al. 1. EC No L 235 p. 1), as amended, to be examined in the relevant version. By way of derogation from the first sentence in the case of food and commercial potatoes, the studies on the mucus disease may also be carried out in the field stock or by cutting the potato tubers to the visible infestation. In addition, potato plants may be included in the monitoring. (3) In the context of the monitoring referred to in paragraph 1 (2), the tomato plants, provided that there is an indication of their infestation, shall be referred to in Annex I, Section II, point 1, and Annex II to the Directive 98 /57/EC. Other tomato plants may be included in the monitoring provided that there is an indication of their infestation. (4) If there is evidence of other possible sources of infection, which may lead to the spread of the pathogen of the mucus disease , the competent authority shall carry out targeted investigations in accordance with the procedures laid down in Annex II, Sections II to V of Directive 98 /57/EC, at least
1.
at other host plants of the harmful organism,
2.
surface waters, where they are used for irrigation or irrigation in the production of potatoes or tomato plants, and
3.
the waste water coming from plants for processing or packaging potatoes or tomato plants and used for irrigation or irrigation in the production of potatoes or tomato plants,
through. It may also examine waste water from plants used for processing or packaging potatoes and used for irrigation or irrigation in the production of potatoes on the bacterial ring rot. (5) The competent authority may also include other material, in particular the culture substrate, soil or solid waste of industrial processing and packaging equipment, in the studies referred to in paragraph 4. Unofficial table of contents

§ 3 Suspicion

(1) If there is a suspicion of infection with the bacterial ring rot or the mucus disease, the competent authority shall take the measures necessary to prevent the spread of the disease in question. In particular, it may order that the person entitled to dispose of the potatoes shall not be allowed to plant the potatoes present on the holding or to remove them from the place where the potatoes are located, until it has ascertained whether and in which case the potatoes shall be used. The extent of infestation is present. Sentence 2 shall apply mutas
1.
for potatoes associated with the clonal or common use of potatoes with the suspicious potatoes, or
2.
if the presence of the mucous disease on tomato plants is suspected of being suspected.
The competent authority may, in the case of consignments or consignments of measures, unite if it has established that there is no risk of the disappearance of the bacterial ring rot or of the mucus disease. (2) The suspicion of infestation
1.
the bacterial ring rot is present when potatoes show visible signs of the disease or the immunofluorescence test set out in Annex I to Directive 93 /85/EEC or any other appropriate test,
2.
with the mucus disease, if:
a)
potatoes show visible signs of the disease and a rapid test in accordance with Annex II, section I, point 1 and section II, point 2, or a rapid test in accordance with Annex II, Section I, point 2 and section III of Directive 98 /57/EC, or
b)
Tomato plants show visible signs and a rapid test in accordance with Annex II, Section I, point 1 and section II, point 2 of Directive 98 /57/EC
will lead to a positive outcome.
(3) The competent authority shall examine the suspicion by:
1.
in the case of the bacterial ring rot, which is listed in Annex I to Directive 93 /85/EEC,
2.
in the case of the mucus disease on potatoes, which is listed in Annex II to Directive 98 /57/EC, and
3.
in the case of the mucus disease of tomato plants and other host plants, which is listed in Annex II, Section I, points 1 and 3, Section II, and Section III, point 2 of Directive 98 /57/EC
shall be carried out. If there is evidence of possible other sources of infection in the mucus disease, the competent authority shall at least examine water and soil samples in accordance with the procedure laid down in Annex II, sections IV and V of Directive 98 /57/EC. (4) The laboratory samples are after the investigations
1.
to the bacterial ring rot in accordance with the measures laid down in Annex II to Directive 93 /85/EEC, and
2.
the mucus disease in accordance with the measures laid down in Annex III to Directive 98 /57/EC
storage. Unofficial table of contents

§ 4 festation of infestation

(1) The competent authority shall establish:
1.
in the case of the bacterial ring rot
a)
the infestation and
b)
, taking into account, in particular, Annex III (1) to Directive 93 /85/EEC, the likely infestation or
2.
in the case of mucus disease
a)
the infestation and
b)
, taking into account, in particular, Annex V, point 1 of Directive 98 /57/EC, the probable infestation.
(2) An area under cultivation, storage, storage unit, consignment or consignment shall be considered to be infested if infestation with bacterial ring rot or mucus disease or at least one potato plant or potato tuber Tomato plant has been found to be infested with mucus disease. In the case of mucus disease, other host plants of the harmful organism shall also be considered to be affected or surface waters subject to stress if the harmful organism has been detected on the plants or in the surface water. (3) To determine the extent of the damage. of the infestation and its probable starting point, the competent authority shall examine the potatoes, in the case of the mucous disease of tomato plants, also the tomato plants which are to be regarded as likely to be infested. In the case of mucus disease, the competent authority shall carry out the studies to determine the extent of the infestation and its probable starting point, taking into account Annex IV to Directive 98 /57/EC. (4) competent authority, in the investigations referred to in Article 2 (4) (1), of an infestation with mucus disease in other host plants, it shall examine the extent of the infestation and its probable starting point of potatoes and Tomato plants and surface water, taking into account Annex IV of the Directive 98 /57/EC. If, in the surveys referred to in Article 2 (4) (2) and (3), it finds an infestation with the mucus disease, it shall, at appropriate times, examine surface waters and effluents from plants for processing or packaging potatoes, or Tomato plants are produced and used for irrigation or irrigation in the production of potatoes or tomato plants, as well as weeds from the family of night shadowy plants, which are the host plants of the harmful organism, to the extent of the If it is to be determined. It also investigates the potatoes and tomato plants that have been irrigated with this surface water or these waste waters. Unofficial table of contents

§ 5 demarcation and abolition of the security zone

(1) Where the bacterial ring rot or the mucous disease is detected, the competent authority shall depart from a security zone. (2) The safety zone shall be defined as:
1.
in the case of the bacterial ring rot, in particular:
a)
holdings, warehouses or storage units in which infestation has been established pursuant to Article 4 (1) (1) (a) or probable infestation pursuant to Article 4 (1) (1) (b); and
b)
whereas, having regard to Annex III (2) to Directive 93 /85/EEC, an area in which the harmful organism could spread in this area after the production planning and production conditions,
2.
in the case of mucus disease, in particular:
a)
holdings, warehouses or storage units in which infestation has been established in accordance with Article 4 (1) (2) (a) or probable infestation pursuant to Article 4 (1) (2) (b); and
b)
whereas Annex V (2) of Directive 98 /57/EC takes account of an area in which the harmful organism could spread in this area in accordance with the planning of production and production conditions;
3. The competent authority shall lift the safety zone if three years have elapsed since the last occurrence of the disease in the case of the bacterial ring rot or the mucus disease on potatoes or on tomato plants. Unofficial table of contents

§ 6 Protection measures in the security zone

(1) In the case of the bacterial ring rot, potatoes may be grown in the safety zone only by means of officially recognised or under official control of the plant. Seed potatoes produced at production sites which are deemed to be likely to be affected in accordance with Article 4 (1) (1) (b) may be used only if they are used in accordance with the procedure laid down in Annex I to Directive 93 /85/EEC by have been examined by the competent authority. In the case of the bacterial ring rot, in the safety zone,
1.
Potatoes are not planted with planting machines of the Stechgrab species and not cut,
2.
harvested seed potatoes shall be treated and stored only distinctly separately from food or commercial potatoes,
3.
Machinery or storage spaces which have come into contact with potatoes shall be used immediately after this contact only after cleaning and disinfection.
Sentence 3 (2) shall not apply if cleaning and disinfection measures have been carried out between the operations for seed potatoes and for food and commercial potatoes. (2) In the safety zone, potatoes shall be allowed to be used for the mucus disease shall be cultivated only by means of officially recognised planting material or plant material produced under official supervision. Seed potatoes produced at production sites which are considered likely to be affected in accordance with Article 4 (1) (1) (b) may only be used if they are used in accordance with the procedure laid down in Annex II to Directive 98 /57/EC of have been examined by the competent authority. In the case of mucus disease, the safety zone shall also:
1.
Potatoes are not planted with planting machines of the Stechgrab species and not cut,
2.
harvested seed potatoes shall be treated and stored only distinctly separately from food and commercial potatoes,
3.
Machinery or storage spaces which have come into contact with potatoes shall be used immediately after this contact only after cleaning and disinfection.
Sentence 3 (2) shall not apply if cleaning and disinfection measures have been carried out between the operations for seed potatoes and for food and commercial potatoes. (3) In the case of the mucus disease on tomato plants, the following shall be allowed: Safety zone only tomato plants made of seeds which meet the requirements of Annex IV, Part A, Chapter II, in conjunction with Annex V, Part A, Chapter I or Annex IV, Part A, Chapter I, in conjunction with Annex V, Part B, Chapter I of Directive 2000 /29/EC of the Council of 8 May 2000 on measures for the protection of the Community against the introduction and spread of of organisms harmful to plants or plant products (OJ L 327, 30.4.2004, p EC No 1), as last amended by Commission Directive 2006 /35/EC of 24 March 2006 (OJ L 164, 30.4.2006, p. EU No 9), are to be used. Tomato plants derived from vegetative propagation may be used if the seed of the tomato plants used for propagation has been grown under official control. Machinery or storage spaces which have come into contact with tomato plants shall be used immediately after this contact only after cleaning and disinfection. (4) In addition, the competent authority may, for the safety zone, all the To combat the harmful organisms in accordance with Article 1 (1), to prescribe or prohibit, in particular, certain methods of plant protection. It monitors
1.
in the case of the bacterial ring rot, the holdings, the potatoes and
2.
in the case of mucus disease, the holdings, the potatoes or tomato plants
produce, transport or store, and plants, the machinery for the production of potatoes, and in the case of the mucus disease, the farms which make machines available for the production of tomato plants to others. The second sentence shall also apply to establishments located outside the security zone and providing the machinery to establishments within the security zone. It carries out systematic surveys in accordance with § 2 para. 1 no. 1 in the context of surveillance in the security zone. (5) If the competent authority in surface waters determines the infestation with the mucus disease, it leads in the safety zone. annual surveys of the surface water and of suitable host plants from the family of night-shaded plants, in particular plants of the Bittersweet Night Schattens (Solanum dulcamara), to the extent that they are found in surface water occurrences. In these cases, it shall monitor irrigation and irrigation measures and the disposal of waste water from plants for processing or packaging potatoes or tomato plants. It may prohibit or restrict irrigation and irrigation measures and the disposal of waste water from plants intended for processing or packaging potatoes or tomato plants, other than fruit and seeds, provided that this is intended to prevent the risk of a (6) The competent authority shall repeal the prohibitions and restrictions referred to in the third sentence of paragraph 5 if:
1.
official investigations in accordance with section IV of Annex II to Directive 98 /57/EC do not give any indication of any further contamination of the surface water, or
2.
shall be used in accordance with officially approved procedures prior to the use of the contaminated water, which shall ensure the elimination of the harmful organism and prevent its disappearance.
Unofficial table of contents

Section 7 Breeding and rearing

The breeding and holding of the harmful organisms according to § 1 (1) as well as the work with these harmful organisms are prohibited.

Section 2
Special protection provisions in case of infestation

Unofficial table of contents

§ 8 Use and treatment in case of infestation on potatoes

(1) Authorised persons and owners shall be obliged to:
1.
the potatoes of a cultivated area, an infested storage unit, an infested consignment or an infested lot or the potatoes, the probable infestation of which is determined in accordance with Article 4 (1) (1) (b) or (2) (b) is to be immediately destroyed or used only in such a way as to prevent the spread of the bacterial ring rot or the mucus disease,
2.
Cases involving potatoes of a cultivated area, an infested storage unit or part of a consignment or with potatoes whose probable infestation is determined in accordance with Article 4 (1) (1) (b) or (2) (b) is, in fact, or may have been in contact, to be immediately destroyed or to be treated only in such a way that the pathogen of the bacterial ring rot or the mucus disease is destroyed before being used with other potatoes in Come into contact,
3.
to remove or use, without delay, other parts of the plant whose probable infestation with the mucus disease has been established that there is no risk of the harmful organism being abducted.
The obligation to destroy or treat as referred to in point 2 shall cease if there is no longer any risk of transmission of the pathogen of the bacterial ring rot, but at the latest if, since the actual or possible contact with potatoes, there is a risk of an infested (2) The use of potatoes as referred to in paragraph 1 (1) shall be the feeding of muted tubers and the processing when the delivery is carried out on: directly to a company that has cleaning and cleaning operations disinfectants, as well as facilities for the treatment of the waste, which ensure that the harmful organism cannot be trafficked. The means of transport with which the processing operation has been carried out with the potatoes infested shall be cleaned and disinfected before re-use. Where potatoes which are covered by the bacterial ring rot are processed in accordance with the first sentence, the manager of the processing plant shall, in accordance with the procedures set out in Annex V to Directive 93 /85/EEC, have the same processing operations as those who have been processed Immediately dispose of the waste from potatoes and treat the waste water immediately. Where potatoes which are covered by the mucus disease are processed in accordance with the first sentence, the operating manager of the processing plant shall, in accordance with the procedures laid down in Annex VII to Directive 98 /57/EC, have the same processing operations as those who have been processed. Immediately dispose of the waste from potatoes and treat the waste water immediately. Potato tubers, whose probable infestation has been found, may also be placed on the market as food or commercial potatoes in packaging for direct delivery to the final consumer. (3) The competent authority may be responsible for the In accordance with paragraphs 1 and 2, further arrangements shall be made to the extent necessary for the control of the particular harmful organism. Unofficial table of contents

§ 9 Use and treatment of tomato plants in the event of infestation

(1) Authorised persons and owners shall be obliged to:
1.
Tomato plants of an infested area, an infested greenhouse, an infested consignment or a consignment or tomato plants, the probable infestation of which has been determined in accordance with Article 4 (1) (2) (b), , without delay, or only to be used or treated in such a way as to prevent the spread of mucus disease,
2.
-cases involving tomato plants of a cultivated area, an infested greenhouse unit or part of a consignment or tomato plants, the probable infestation of which has been determined in accordance with Article 4 (1) (2) (b), have actually or may have come into contact without delay, or should be treated only in such a way that the pathogen of the mucus disease is destroyed before they come into contact with other tomato plants or other host plants,
3.
to remove or use, without delay, other parts of the plant whose infestation or probable infestation with the mucous disease has been established that there is no risk of the harmful organism being spilled.
The obligation to destroy or treat as referred to in point 2 shall end if, since the actual or possible contact with potatoes, a cultivated area, an infested storage unit or part of a consignment has been infested for twelve months (2) The use of tomato plants as referred to in paragraph 1 (1) shall also be processed if the delivery is carried out directly to a holding which has cleaning and disinfection facilities and facilities for the treatment of the wastes which ensure that the harmful organism is not abducted can. The means of transport used to supply the processed tomatoes to the processing plant shall be cleaned and disinfected before re-use. Where tomato plants which are infested with mucus disease are processed in accordance with the first sentence, the operating manager of the processing plant shall have the procedures referred to in Annex VII to Directive 98 /57/EC, which shall be processed in the case of processing (3) The competent authority may lay down detailed instructions in respect of paragraphs 1 and 2 in so far as this is necessary to combat the harmful organism. is. Unofficial table of contents

§ 10 prohibitions and restrictions in case of infestation with the bacterial ring rot

(1) Where the infestation of a cultivated area, a warehouse, a consignment or a consignment has been detected on an agricultural holding, potatoes produced in that holding or in the presence of the bacteria may be used in the production of a product (2) On the area under cultivation, no potatoes or other host plants may be grown from the year of the seizure and for a period of at least three years until the area under cultivation is at least in the two consecutive years preceding the re-cultivation of potatoes as free from growth and other natural host plants. In addition, growth and economic growth in this area should be eliminated from the year of the infestation period for a period of three years. If the competent authority finds that the requirements set out in sentences 1 and 2 are met, only food and economic potatoes may be produced in the first potato growing season. The competent authority shall examine the potatoes harvested in accordance with Annex I to Directive 93 /85/EEC. In the next potato growing season, seed potatoes may be produced if a break-up period of at least two years has been observed. The competent authority shall examine the cultivated potatoes in accordance with the procedure laid down in Article 2 (2). (3) Instead of the control measures referred to in paragraph 2, the area under cultivation may be fixed for a period of four years from the date of the determination of the infestation of the potatoes. or converted into grassland; growth and host plants are to be eliminated. At least in the two years prior to the re-cultivation of potatoes, it should not be possible to establish a growth. If the competent authority finds that the requirements set out in sentences 1 and 2 are met, potatoes may be produced again. If the owner of the area under cultivation chooses the control measures referred to in the first sentence, he shall inform the competent authority accordingly by 1 March of the year following the date of the infestation. The competent authority shall examine the potatoes grown in accordance with the procedure laid down in Article 2 (2). (4) On the other areas under the infested production location, the competent authority shall, in so far as the competent authority has established that there is no risk of Growing or host plants, potatoes are grown under the following conditions:
1.
in the cultivation year following the determination of the infestation, food and economic potatoes may be produced only using officially recognised planting products,
2.
in the second year following the determination of the case of infestation, seed potatoes may also be produced using officially recognised planting products,
3.
in the third year following the determination of the case of infestation, potatoes shall also be produced using seed potatoes produced from officially recognised plant material and officially examined in accordance with the procedure laid down in Article 2 (2).
Growth and host plants, including weeds from the family of night-shadowy plants, are to be eliminated in the first three years of cultivation following the determination of the infestation. The competent authority shall, in three years of cultivation, carry out studies of the potatoes harvested on these areas in accordance with Annex I to Directive 93 /85/EEC. (5) In the case of potatoes, infestation shall be determined immediately after the determination of the infestation of potatoes and after the first year of production on the place of production, all the machinery and storage rooms used for the production of potatoes shall be used only after cleaning and disinfection, which shall be carried out at least once a year. (6) If the infestation is Potatoes which are produced in a nutrient substrate are the Remove potatoes and the nutrient substrate from the farmer. The re-potato production in a nutrient medium shall be subject to authorisation by the competent authority. The authorisation shall be granted on request if the measures have been carried out in accordance with Article 8 (1) (2) and only officially approved planting material or mini-tubers or merist-bearing plants originating from examined origin are used. (7) The competent authority may allow exceptions to the cultivation prohibition referred to in the first sentence of paragraph 1 and to the restrictions on cultivation referred to in paragraphs 2, 3 and 4 if there is no risk of the bacterial ring rot being spilled into another part of the holding and on other holdings, and
1.
potato production takes place in parts of the holding which are clearly separated from one another, or
2.
the potatoes have not been produced in operation and have been stored clearly separately from the other potatoes.
For this purpose, it can take all the arrangements necessary to control the harmful organism and to avoid its disappearance. It may, in particular, order records of the origin and use of the parts produced in the parts of the holding, as well as the production-related measures and cleaning and disinfection measures carried out in the parts of the holding. . Records shall be kept for at least three years. A distinct separation of the operating parts is in particular present if there is no clonal connection between the potatoes present in the operation, and the cultivation, treatment and storage of the potatoes are carried out separately in the operating parts. The competent authority shall monitor the operating parts and shall examine the potatoes produced in the parts of the holding. Unofficial table of contents

Section 11 Prohibitions and restrictions in the event of infestation with mucus disease

(1) Where the infestation of a cultivated area, a warehouse, a consignment or a lot has been detected in an agricultural or horticultural production site, potatoes or tomato plants produced in that place of production shall be allowed to: (2) From the year of infestation and for a period of at least four years, no potatoes, tomato plants, other host plants or other host plants shall be allowed to be established on the affected area. Plants in which the risk of the disappearance or overgrowth of the harmful organisms are cultivated until the area under cultivation in at least two consecutive years before growing as free from growth and host plants, including weeds from the family of night-time shadowy plants, is cultivated; , In addition, growth and economic growth, including weeds from the family of night-time shadows, are to be eliminated on this area from the year of the determination of the infestation for four years. If the competent authority finds that the requirements set out in the first and second sentences are met, potatoes or tomato plants may be grown on the areas infested with the following conditions:
1.
in the first year of cultivation, only food and commercial potatoes may be produced in the case of potatoes; the competent authority shall examine the harvested potatoes and tomato plants in accordance with the procedure laid down in Annex II to Directive 98 /57/EC,
2.
in the following potato crop year, seed potatoes may also be produced if a break of at least two years has been observed; the competent authority shall examine the potatoes cultivated or the tomato plants in accordance with the provisions of 2 (2) and (3).
(3) Instead of the control measures referred to in paragraph 2, the area under attack may be applied for a period of three years from the date of the determination of the infestation, converted into grassland, or used for the cultivation of cereals or for grass-seed reproduction. . In the following two years, the cultivation area may be cultivated by plants which are not host plants for the harmful organism and in which there is no risk of a disappearance. Growth and host plants, including weeds from the family of night shadowy plants, shall be removed for a period of five years from the date of the determination of the case of infestation and shall be allowed for a period of at least two consecutive years no growth has been identified. Where the competent authority finds that the requirements set out in the first and third sentences are met, potatoes or tomato plants may be re-produced on the area covered by the case. The competent authority shall examine the potatoes and tomato plants harvested in accordance with the procedure laid down in Annex II to Directive 98 /57/EC. If the owner of the area concerned chooses the control measures in accordance with the sentences 1 to 3, he shall inform the competent authority by 1 March of the year following the determination of the infestation. (4) Where the competent authority has established that there is no risk of growth and other host plants, the production site may be grown potatoes and tomato plants, subject to the following conditions:
1.
Potatoes
a)
in the cultivation year following the determination of the infestation, food and economic potatoes may be produced only using officially recognised planting products,
b)
in the second year following the determination of the case of infestation, seed potatoes may be produced using officially recognised planting material,
c)
in the third year following the determination of the infestation, the competent authority may also use seed potatoes which are produced from officially recognised seed and which have been examined by the competent authority in accordance with the procedure laid down in Article 2 (2), potatoes are produced;
2.
Tomato plants
a)
in the year following the determination of the infestation, only using tomato plants produced from seed which meet the requirements of Annex IV, Part A, Chapter II, in conjunction with Annex V, Part A, Chapter I or Annex IV, Part A, Chapter I, a compound with Annex V, Part B, Chapter I of Directive 2000 /29/EC, which produces tomato fruit,
b)
in the second year following the determination of the infestation, the use of tomato plants produced from seeds which meet the requirements of Annex IV, Part A, Chapter II in conjunction with Annex V, Part A, Chapter I, or Annex IV, Part A, Chapter I in conjunction with Annex V, Part B, Chapter I to Directive 2000 /29/EC, tomato plants and tomato fruit are to be produced; tomato plants derived from vegetative propagation may also be used if they are used for the propagation Tomato plants are produced from seeds under the control of the competent authority in other countries. produced as production sites referred to in paragraph 1,
c)
in the third year following the determination of the infestation, shall be authorised to use tomato plants derived from seeds which meet the requirements of Annex IV, Part A, Chapter II, in conjunction with Annex V, Part A, Chapter I, or Annex IV, Part A, Chapter I, in conjunction with Annex V, Part B, Chapter I, to Directive 2000 /29/EC, or the use of tomato plants produced from such plants under official control, tomato plants or tomato fruit.
Growth and host plants, including weeds from the family of night-shadowy plants, are to be eliminated in the first three years of cultivation following the determination of the infestation. During the three years of cultivation, the competent authority shall carry out studies of the harvested potatoes on these areas in accordance with the procedure laid down in Annex II to Directive 98 /57/EC. (5) In the case of potatoes or tomato plants, the case shall be established, may be made immediately after the infestation and after the first year of production on the place of production
1.
all the machinery or storage spaces used for the production of potato or tomato production shall be used only after cleaning and disinfection, which shall be carried out at least once a year,
2.
Irrigation and irrigation measures from surface waters shall be carried out only with the approval of the competent authority.
The competent authority may impose conditions on the authorisation provided for in the first sentence of paragraph 1. (6) If the infestation of potatoes or tomato plants produced in a nutrient medium is detected, the potatoes, tomato plants and the nutrient substrate shall be: to be removed from the owner in such a way that there is no risk of the harmful organism being abducted. The re-production of potatoes or tomatoes in a nutrient substrate shall be subject to authorisation by the competent authority. The authorisation shall be granted on request, if:
1.
in the case of potatoes, the measures pursuant to Article 8 (1) (2) and (2) and in the case of tomato plants have been carried out in accordance with Article 9 (1) (2) and (2),
2.
ensuring that irrigation and irrigation measures from surface waters do not risk the disappearance of the harmful organism,
3.
in the case of potato production, only officially approved planting material or mini-tubers or merist-bearing plants originating from the origin of the potato which have been studied,
4.
in the case of tomato production, only seeds complying with the requirements of Annex IV, Part A, Chapter II, in conjunction with Annex V, Part A, Chapter I, or Annex IV, Part A, Chapter I, in conjunction with Annex V, Part B, Chapter I of Directive 2000 /29/EC, or, in the case of vegetative propagation, only tomato plants from those seeds grown under official control.
(7) The competent authority may grant derogations from the cultivation ban referred to in the first sentence of paragraph 2 and from the cultivation restrictions referred to in paragraphs 2, 3 and 4 if there is no risk of the slippage of the mucus disease to another operating part or other The production of potato production is carried out in parts of the holding which are clearly separated from each other. Section 10 (7) sentences 2 to 5 shall apply accordingly. Unofficial table of contents

§ 12 (omitted)

-

Section 3
Exceptions, regularties

Unofficial table of contents

§ 13 Exceptions to trial and breeding purposes

(1) The competent authority may, on a case-by-case basis, authorise exemptions from § § 3, 6, 7 and 8 to 11 for scientific investigations and tests for the testing of potatoes for resistance and for breeding projects, in so far as this is the case. (2) The application must contain the following information:
1.
the name and address of the applicant;
2.
scientific name, type, quantity and origin of the plant material or of the harmful organism,
3.
the nature, duration, objective and description of the project;
4.
the purpose of intra-Community introduction, provided that there is provision for intra-Community movement,
5.
Address and description of the locations and places of implementation of the project.
The application shall be accompanied by a suitable certificate of origin for the plant material or the harmful organism. The competent authority may require further information to the extent necessary in the individual case to prevent the spread of the harmful organism. (3) The authorisation may be granted if compliance with the requirements of Annex I of the Commission Directive 95 /44/EC of 26 July 1995 on the conditions under which certain plants, plant products and other objects referred to in Annexes I to V to Council Directive 77 /93/EEC on experimental, research and other products for breeding purposes in the Community or in certain protected areas of the Community, or (1) EC No 34), which is in force in the current version. The applicant shall be obliged to notify without delay any change in the course of the project indicated in the application or any change in the purpose. The permit may, even subsequently, be subject to conditions. It may contain a waiver of the notification requirements in accordance with § 1, if the applicant has requested this. The provisions of § 14a of the Plant Decree Ordinance remain unaffected. Unofficial table of contents

§ 14 Administrative Offences

Contrary to the provisions of Section 68 (1) (3) (a) of the Plant Protection Act, who intentionally or negligently acts
1.
contrary to § 1 (1) or (3) sentence 1, even in connection with sentence 2, an advertisement is not reimbursed, not correct, not complete or not in good time,
1a.
a enforceable arrangement according to § 3 (1) sentence 1, § 6 (4) sentence 1 or paragraph 5 sentence 3, § 8 (3), § 9 (3) or § 10 (7) sentence 2, also in conjunction with § 11 paragraph 7 sentence 2, contrary,
2.
shall use, use, plant, treat or store potatoes in accordance with the first sentence of Article 6 (1), (1), (2) or (2), or (2), sentence 1, 2 or 3, No.1 or 2, potatoes,
3.
use a machine or storage room in accordance with the third sentence of the third sentence of the third sentence of Article 6 (1) (3), (3), third sentence, point 3, sentence 3,
3a.
is using tomato plants in accordance with § 6 (3) sentence 1,
4.
Contrary to § 7, a harmful organism is breeding, holding or working with a harmful organism,
5.
contrary to § 8 (1) sentence 1 (1) (1) or (9) (1) sentence 1 no. 1
a)
potatoes or tomato plants are not destroyed or not destroyed in time, or
b)
Potatoes or tomato plants are used or treated
6.
contrary to § 8 (1) sentence 1 no. 2 or § 9 (1) sentence 1 no. 2
a)
If not destroyed or not destroyed in time, or
b)
matters,
7.
contrary to § 8 (1) (3) or § 9 (1) sentence 1, No. 3, parts of the plant are not disposed of, correct or not timely, and not used correctly or in good time,
8.
, contrary to § 8 (2) sentence 3 or 4 or § 9 (2) sentence 3, waste is not disposed of, is not properly or not disposed of in good time or does not treat waste water in good time or in a timely manner,
9.
, contrary to Article 10 (1) or (2) sentence 1 or § 11 (1) or (2) sentence 1, potatoes, host plants, tomato plants or plants mentioned there,
10.
contrary to § 10 para. 3 sentence 3 or § 11 para. 3 sentence 6 a communication does not make, not correct or not in time,
11.
produces potatoes or tomatoes without authorization pursuant to § 10 para. 6 sentence 2 or § 11 para. 6 sentence 2,
12.
, contrary to Article 11 (4) sentence 1 (1) (a) or (2) (a), potatoes or tomato plants are produced,
13.
shall carry out irrigation and irrigation measures without authorisation pursuant to Article 11 (5), first sentence, point 2, or
14.
a fully-fledgable edition in accordance with § 11, paragraph 5, sentence 2 or § 13, paragraph 3, sentence 3.