S.L. 433.15 ст. 3Interpretation.

For the purpose of these regulations, the following definitions shall apply:

"the Act" means the Plant Quarantine Act; "basic propagation material" refers to propagation material that:

(a) has been produced under the responsibility of the grower according to accepted practices for the maintenance of the identity of the variety and, where applicable, of the clone, and for the prevention of diseases, and which is obtained by vegetative propagation directly from initial propagation material;

(b) is intended for the production of certified propagation material;

(c) satisfies the conditions laid down in Schedules I and II for basic propagation material; and

(d) has been found by official examination, to satisfy the above mentioned conditions; "certified propagation material" refers to propagation material that:

(a) is obtained directly from basic or initial propagation material;

(b) is intended for -

(i) the production of young plants or parts of plants for use in the production of grapes, or

(ii) the production of grapes;

(c) satisfies the conditions laid down in Schedules I and II for certified propagation material; and

(d) has been found by official examination, to satisfy the above conditions; "clones" are the vegetative progeny of a variety that is true to a vine stock chosen on account of its varietal identity, its phenotypic characters and its health status;

"the Director" means the Director responsible for the Directorate; "the Directorate" means the Directorate or Department responsible for plant health; "initial propagation material" refers to propagation material that:

(a) has been produced under the responsibility of the grower according to accepted practices for the maintenance of the identity of the variety and, where applicable, of the clone, and for the prevention of diseases;

(b) is intended for the production of basic or certified propagation material;

(c) satisfies the conditions laid down in Schedules I and II for basic propagation material. These Schedules may be amended to alter or set additional or more stringent conditions for the certification of initial propagation material; and

(d) has been found by official examination, to satisfy the above conditions; "marketing" refers to the sale, holding with a view to sale, offer for sale and any disposal, supply or transfer, aimed at the commercial exploitation of propagation material to third parties, whether or not for consideration. Trade in propagation material not aimed at commercial exploitation of the variety, such as the following operations, shall not be regarded as marketing:

(a) the supply of propagation material to official testing and inspection bodies; and

(b) the supply of propagation material to providers of services for processing or packaging, provided that the provider of services does not acquire title to propagation material thus supplied. The rules for the application of these provisions shall be adopted in accordance with the procedure established by the European Union;

"National Certification Service" is made up of the Plant Health Service including the Seeds and other Propagation Material Unit;

"nurseries" may be subdivided as follows:

(a) multiplication nurseries which are nurseries used for the cultivation of rooted cuttings or rooted grafts; and

(b) stock nurseries which are nurseries utilised for the production of rootstock cuttings for grafting, nursery cuttings or top-graft cuttings; "official measures" are measures taken -

(a) by the National Certification Service,

(b) by any legal person whether governed by public or by private law, acting under the responsibility of the same Service, or

(c) in the case of ancillary activities which are also subject to the Service’s control, by any natural person duly sworn for that purpose:

Provided that the persons mentioned under paragraphs (b) and (c) derive no private gain from such measures;

"propagation material" refers to -

(a) young vine plants:

(i) rooted cuttings which are ungrafted pieces of rooted vine shoot or herbaceous shoot intended for planting ungrafted or for use as rootstocks;

(ii) rooted grafts that are pieces of vine shoot or herbaceous shoot joined by grafting, the underground part of which is rooted;

(b) parts of young vine plants:

(i) vine shoots which are one-year old shoots;

(ii) herbaceous cuttings which are non-lignified shoots;

(iii) rootstock cuttings that can be grafted and that are pieces of vine shoot or herbaceous shoot intended to form the underground part when preparing rooted grafts;

(iv) top-graft cuttings which are pieces of vine shoot or herbaceous shoot that are intended to form the part above ground when preparing rooted grafts or when grafting plants in situ;

(v) nursery cuttings being pieces of vine shoot or herbaceous shoot intended for the production of rooted cuttings;

"regulated non-quarantine pests", hereafter referred to as "RNQPs", means a pest that fulfils all the conditions set out under Article 36 of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants, and is included in the list of Union regulated non-quarantine pests under Annex IV of Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019; "standard material" refers to propagation material that:

(a) has varietal identity and purity;

(b) is intended for -

(i) the production of young plants or parts of plants for use in the production of grapes, or

(ii) the production of grapes;

(c) satisfies the conditions laid down in Schedules I and II for standard material; and

(d) has been found by official examination, to satisfy the above mentioned conditions; "variety" means a plant grouping within a single botanical taxon of the lowest known rank that can be:

(a) defined by the expression of the characters resulting from a given genotype or combination of genotypes;

(b) distinguished from any other plant grouping by the expression of at least one of the said characters; and

(c) considered as an entity in view of its ability to be propagated unchanged;

"vines" are plants of the genus Vitis (L.) intended either for the production of grapes or to be used as propagation material for such plants.