Conformity Criteria and Procedures for the Circulation of Ornamental Plant Propagating Material

Issued pursuant to
Section 5, Paragraph three of the Plant Protection Law

I. General Provisions

1. These Regulations prescribe the conformity criteria and procedures for the circulation of ornamental plant propagating material - the section of plant, including rootstocks, and the material intended for planting (hereinafter - the material) for ornamental plant genera and species, and the hybrids thereof, referred to in Annex 1 to this Regulation.

2. This Regulation shall not apply to the material intended for:

2.1. private use or distribution to a final consumer;

2.2. bringing out (export) to countries that are not European Union Member States (hereinafter - the third countries);

2.3. trials or scientific purposes;

2.4. selection work;

2.5. conservation of genetic diversity.

[2 June 2020]

3. State supervision and control of compliance with this Regulation shall be performed by the State Plant Protection Service (hereinafter - the Service).

4. The grower or distributor of the material is a person who in accordance with Article 65 of 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 (hereinafter - the Plant Health Regulation) is registered in the Official Register of Professional Operators of the State Information System for Monitoring of Agricultural Plants (hereinafter - the registered person). In all stages of the growing and distribution of the material, the registered person shall be responsible for the conformity of the material with the requirements laid down in the Plant Health Regulation, the Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 of the European Parliament and the Council, as regards protective measures against pests of plants, and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019 (hereinafter - Regulation 2019/2072), the laws and regulations regarding plant quarantine, and this Regulation, and shall perform the self-inspection in conformity with Paragraphs 7 and 9 of this Regulation.

[2 June 2020]

4.¹ The species of ornamental plants and their hybrids not referred to in Annex 1 to this Regulation shall conform with the requirements concerning the Union quarantine organisms and protected zone quarantine organisms referred to in Regulation 2019/2072 and the organisms to which measures adopted in accordance with Article 30(1) of the Plant Health Regulation are applicable.

[2 June 2020]

II. Requirements for Growing, Propagating and Maintaining the Material

5. The material may be grown and propagated if:

5.1. the place for growing or storage of the material conforms with the phytosanitary requirements laid down in Part D of Annex IV to Regulation 2019/2072 and the laws and regulations in the field of plant quarantine;

5.2. it has been obtained directly from the material that has been inspected by the Service during the vegetation period and has been found not to be infected or infested by the Union quarantine organisms, organisms to which measures adopted in accordance with Article 30(1) of the Plant Health Regulation are applicable (hereinafter - the plant quarantine organisms), and the Union regulated non-quarantine organisms referred to in Annex 2 to this Regulation within the meaning of Article 36 of the Plant Health Regulation and other harmful organisms;

5.3. the agrotechnical and plant protection measures which ensure production of healthy and well-developed material are complied with;

5.4. it is separated from the material of a different origin and quality;

5.5. the seeds have sufficient germination abilities.

[2 June 2020]

6. The registered person growing the material shall keep a growing register in which the following information shall be indicated regarding the material grown:

6.1. species and variety of the material;

6.2. the origin of the source material - the number of the label or plant passport. If the registered person propagates the material himself or herself, the Service inspection report number;

6.3. quantity of the planted material;

6.4. growing area;

6.5. the name of the combatted organisms harmful to the plants, the name of the plant protection product, the concentration and date of use thereof.

7. When performing self-inspection, the registered person shall periodically evaluate the conformity of the material quality with the requirements specified in this Regulation in the following stages of material growing and distribution:

7.1. prior to the commencement of the production process;

7.2. the sowing, pricking-out, potting, grafting and planting of material;

7.3. general crop care;

7.4. the propagating and harvesting of the material;

7.5. chemical treatment of the material, premises and work tools;

7.6. packaging, storage and transportation of the material.

8. [2 June 2020]

9. In the case referred to in Article 14(1) of the Plant Health Regulation, the registered person shall immediately inform the Service and implement the phytosanitary measures specified by the Service to reduce the risk of spreading plant quarantine organisms or the Union regulated non-quarantine organisms referred to in Annex 2 to this Regulation.

[2 June 2020]

III. Assessment of the Material Conformity

10. The conformity criteria for the material shall be as follows:

10.1. the purity of the growing crop and identity of the variety has been upheld;

10.2. the requirements referred to in Paragraphs 5 and 6 of this Regulation have been met;

10.3. the material conforms with the requirements concerning plant quarantine organisms, protected zone quarantine organisms, and the Union regulated non-quarantine organisms referred to in Annex 2 to this Regulation in accordance with Articles 3, 5, 32, 36, and 37 of the Plant Health Regulation and Articles 3, 4, and 6 of Regulation 2019/2027, and the organisms to which measures adopted in accordance with Article 30(1) of the Plant Health Regulation are applicable, and also with the requirements laid down in this Regulation;

10.4. the material, at least during the visual inspection in the place of growing, has been found to be free from any Union regulated non-quarantine organisms referred to in Annex 2 to this Regulation in relation to the specific ornamental plant propagation material, and it is free from any other harmful organisms that reduce its usefulness and lowers its quality or any signs or symptoms of such organisms;

10.5. the marketed material, at least during the visual inspection, conforms to the requirements for the presence of the Union regulated non-quarantine organisms and their tolerance threshold in accordance with Annex 2 to this Regulation, and it is free from any other harmful organisms that reduce its usefulness and lowers its quality or any signs or symptoms of such organisms.

[2 June 2020]

11. The material which has been imported from the third countries shall be inspected by the Service in conformity with the phytosanitary requirements in accordance with the procedures laid down in the laws and regulations regarding plant quarantine.

[2 June 2020]

12. In order to evaluate the conformity of material with the requirements referred to in Paragraphs 10 and 11 of this Regulation, the Service shall carry out the conformity assessment.

13. The registered person shall, by 30 April of each year, submit an application to the Service for the need for a conformity assessment and a plant passport. The species, quantity, growing areas and place of assessment of the materials to be assessed shall be indicated in the application. A list of the varieties grown shall be attached to the application.

[2 June 2020]

14. The Service shall agree on the time for conformity assessment of the material with the registered person.

15. The conformity assessment of the material grown in Latvia shall be carried out by the Service as follows:

15.1. during the vegetation period - once;

15.2. in autumn or spring - prior to distribution. If vegetation has recommenced in the plants, an additional assessment shall be carried out.

16. If conformity assessment is carried out in autumn prior to distribution, but the distribution takes place in spring and the resting period of the material has not yet ended, the material shall not be re-assessed.

17. In order to receive a permit to use a label for the material imported from third countries, the registered person shall, within 24 hours from the bringing in of the material, submit an application to the Service on the need for a conformity assessment, specifying the species, variety, quantity and the place of storage of the material to be assessed.

18. [2 June 2020]

19. If the material conforms to the conformity criteria referred to in Paragraphs 10 and 11 of this Regulation, the Service shall take the decision to allow the use of a label.

20. If the Service establishes that the material does not conform to the requirements of this Regulation during the assessment, the Service shall prohibit the distribution of the material until the non-conformities are completely eliminated.

21. If the non-conformities have not been eliminated within the time period stipulated by the Service, the Service shall take the decision to prohibit the distribution of the material.

[2 June 2020]

IV. Distribution and Record Keeping of the Material

22. In order to ensure the traceability of the material and the possibility to check the identity of the material, the registered person who grows or distributes the material and the registered person who only works with the distribution of the material shall keep an inventory journal of labels or plant passports (hereinafter - the inventory journal).

23. The following shall be indicated in the inventory journal:

23.1. the date of entry;

23.2. the species of the material sold and, if necessary, the name of the variety or rootstock;

23.3. the quantity of plants in one batch and the number of batches;

23.4. the traceability code of labels or plant passports;

23.5. the number of the delivery note;

23.6. the given name and surname of the recipient or the name and registration number in the Enterprise Register, the address and telephone number;

23.7. if the material is distributed through the retail trade, this shall be indicated in the column "recipient".

[2 June 2020]

24. If the material is purchased in a European Union Member State, the inventory journal shall indicate the species, variety, quantity, label or plant passport number of the material and the country of origin thereof.

25. The material imported from third countries shall have indicated in the inventory journal the species, variety, quantity and the document number of the phytosanitary border control.

26. When digging out the material or separating it from the mother plant, when removing the material from the place of growing, when storing or packaging and distributing it, a label shall be attached to each batch which according to its composition and origin shall be homogeneous material and which shall have one consignor.

27. It shall be allowed to distribute the material with the label made by the registered person if the label contains the information referred to in Annex 3 to this Regulation. If additional information is indicated on the label, it shall be clearly separated (delimited by a dividing line) from the main information referred to in Annex 3 to this Regulation.

[2 June 2020]

28. When distributing rootstocks, the label shall indicate their type, species or interspecies hybrid.

29. If, during the period of packaging or storage, the material of different origins or different batches is combined, the composition of the batch and the registration number of the person whose material is in the newly created batch shall be indicated on the label.

30. If a batch consists of several packaging units or bunches, a label shall be attached to each packaging unit or bunch and the traceability code shall indicated thereon.

[2 June 2020]

31. The plant passport shall be prepared in accordance with Article 83 of the Plant Health Regulation. The procedures for the use of the plant passport are laid down in the laws and regulations regarding plant quarantine.

[2 June 2020]

32. If it is required to append a plant passport to the material in accordance with the Plant Health Regulation, the label may be combined with the plant passport. In accordance with Article 83 of the Plant Health Regulation, the passport information shall be clearly separated from the label information.

[2 June 2020]

33. The traceability code which is assigned to the labels prepared in Latvia shall include:

33.1. the last two digits of the year of the vegetation period in which the conformity assessment was carried out;

33.2. the label printer code assigned by the Service;

33.3. the order number in the inventory journal of labels.

[2 June 2020]

34. [2 June 2020]

35. [2 June 2020]

36. [2 June 2020]

37. [2 June 2020]

38. [2 June 2020]

39. [2 June 2020]

40. [2 June 2020]

41. [2 June 2020]

42. If the Service detects that the registered person has failed to observe the requirements referred to in this Regulation, the Service shall take the decision to prohibit the distribution of the material.

[2 June 2020]

43. The material shall be distributed with reference to the variety, if:

43.1. breeders' rights have been granted to this variety in Latvia or it is protected with European Union breeders' rights;

43.2. it is widely recognised. The registered person shall provide the Service and purchaser upon request thereof with a description of the existing varieties on sale. The following information shall be included in the description:

43.2.1. the variety name and synonyms, if these are known;

43.2.2. guidance regarding maintenance of the variety and the propagation system used;

43.2.3. guidance regarding the qualities and expressions of the variety;

43.2.4. if possible, guidance regarding the differences in the variety from varieties similar thereto.

44. All documentation connected with the circulation of the material shall be stored by the registered person for three years.

V. Closing Provision

45. Cabinet Regulation No. 125 of 18 March 2003, Regulations Regarding the Conformity Criteria and Procedures for the Circulation of Ornamental Plant Propagation Material (Latvijas Vēstnesis , 2003, No. 45), is repealed.

Informative Reference to European Union Directives

[24 July 2018; 2 June 2020; 7 March 2023]

This Regulation contains legal norms arising from:

1) Council Directive 98/56/EEC of 20 July 1998 concerning the placing of ornamental plant propagation material on the market;

2) Commission Directive 93/49/EEC of 23 June 1993 setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC;

3) Commission Directive 99/66/EEC of 28 June 1999 setting out requirements as to the label or other document made out by the supplier pursuant to Council Directive 98/56/EC;

4) Commission Directive 99/68/EC of 28 June 1999 setting out additional provisions for lists of varieties of ornamental plants as kept by suppliers under Council Directive 98/56/EC;

5) Commission Implementing Directive (EU) 2018/484 of 21 March 2018 amending Directive 93/49/EEC as regards requirements to be fulfilled by the propagating material of certain genera or species of Palmae in respect of Rhynchophorus ferrugineus (Olivier);

6) 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;

7) 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.

Acting for the Prime Minister -
Minister for Transport A. Šlesers

Acting for the Minister for Agriculture -
Minister for Environment R. Vējonis

Annex 1
Cabinet Regulation No. 54
20 January 2009

[7 March 2023]

Genera and Species of Ornamental Plants

1. Apple trees Malus Mill.

2. Holm oak Quercus ilex L.

3. Actinidia Actinidia Lindl.

4. Apricots Prunus armeniaca L.

5. Argyranthemum Argyranthemum Webbex Sch. Bip.

6. Ponytail palms Beaucarnea Lem.

7. Austrian oak Quercus cerris L.

8. Ornithogalum Ornithogalum L.

9. Banana plants Musa L.

10. Begonias Begonia x hiemalis Fotsch

11. Bougainvillea Bougainvillea Comm. Ex Juss.

12. Pear trees Pyrus L.

13. Citrus plants and their hybrids - Citrus L., Citrus L. hybrids

14. David's photinia Photinia davidiana Decne.

15. Dracaena Dracaena Vand. ex L.

16. European larch Larix decidua Mill.

17. Eriobotrya Eriobtrya Lindl.

18. Fig trees Ficus L.

19. Forbes' glory-of-the-snow Chionodoxa Boiss.

20. Kumquats and their hybrids Fortunella Swingle, Fortunella Swingle hybrids

21. Fuchsias Fuchsia L.

22. Gerberas Gerbera L.

23. Hyacinths Hyacinthus Tourn. ex L.

24. Hybrid larch Larix × eurolepis A. Henry

25. Hymenocallis Hymenocallis Salisb.

26. Snowball-trees Viburnum L.

27. New Guinea Impatiens hybrids Impatiens L. New Guinea Hybrids

28. Japanese larch Larix kaempferi (Lamb.) Carrière

29. Yucca Yucca L.

30. Camas Camassia Lindl.

31. Camellia Camellia L.

32. Chestnuts Castanea L. and sweet chestnuts Castanea sativa Mill.

33. Cotoneaster Cotoneaster Medik.

34. Shadbush Amelanchier Medik.

35. Crassulas (money maker) Crassula L.

36. Crinum Crinum L.

37. Chrysanthemum Chrysanthemum L.

38. Crocus Crocus flavus Weston

39. Flowering quince Chaenomele Lindl.

40. Lavender Lavandula L.

41. Garden plum Prunus domestica L.

42. Medlar Mespilus Bosc ex. Spach

43. Grape hyacinths Muscari Mill.

44. Daffodils Narcissus L.

45. Pachira Pachira Aubl.

46. Palms - the following genera and species of palms: Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H. Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops humilis L., Cocos nucifera L., Corypha utan Lam., Copernicia Mart., Elaeis guineensis Jacq., Howea forsteriana Becc., Jubaea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistona rotundifolia (Lam.) Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O'Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O. F. Cook, Sabal palmetto (Walter) Lodd. ex Schult. & Schult.f., Syagrus romanzoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl., Washingtonia H. Wendl.

47. Peppers (sweet pepper) Capsicum annuum L.

48. Common quince (ayva) Cydonia Mill.

49. Almond Prunus dulcis (Miller) Webb.

50. Common ash Fraxinus excelsior L.

51. Pelargonium Pelargonium L.

52. Peach Prunus persica (L.) Batsch.

53. Rowan Sorbus L.

54. Pine Pinus L.

55. Genus of plums Prunus L.

56. Other plum species: Prunus amygdalus Batsch, Prunus blireiana Andre, Prunus brigantina Vill., Prunus cerasifera Ehrh., Prunus cistena Hansen, Prunus curdica Fenzl and Fritsch., Prunus domestica ssp. Insititia (L.) C. K. Schneid, Prunus domestica ssp. Italica (Borkh.) Hegi., Prunus glandulosa Thunb., Prunus holosericea Batal., Prunus hortulana Bailey, Prunus japonica Thunb., Prunus mandshurica (Maxim.) Koehne, Prunus maritima Marsh., Prunus mume Sieb. and Zucc., Prunus nigra Ait., Prunus sibirica L., Prunus simonii Carr., Prunus spinosa L., Prunus tomentosa Thunb., Prunus triloba Lindl.

57. Striped squill Puschkinia Adams.

58. Rhododendron Rhododendron L. other than Sims' rhododendron R. simsii L.

59. Sansevieria (bowstring hemp) Sansevieria Thunb.

60. Red oak Quercus rubra L.

61. Sunflowers Helianthus annuus L.

62. Bulb plants Allium L.

63. Snowdrops Galanthus L.

64. Sternbergia Sternbergia Waldst. & Kit.

65. Trifoliate orange and its hybrids - Poncirus Raf., Poncirus Raf. hybrids

66. Tulips Tulipa L.

67. Firethorn (pyracantha) Pyracantha M. Roem.

68. Hawthorn Crataegus Tourn. ex L.

69. Japanese plum Prunus salicina Lind.

70. Douglas fir Pseudotsuga menziesii (Mirb.) Franco

71. Squills Scilla L.

Annex 2
Cabinet Regulation No. 54
20 January 2009

[7 March 2023]

Union Regulated Non-quarantine Organisms

Annex 3
Cabinet Regulation No. 54
20 January 2009

Information to be Indicated on the Label

[2 June 2020]

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