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

The Annex to Directive 93/49/EEC is amended in accordance with Annex I to this Directive.

‘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).’;

‘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).’;

‘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).’;

‘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).’;

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.’;

1 Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 30 June 2023 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.

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

This Directive is addressed to the Member States.