L.S. 433.13 Regolamenti dwar Materjal Għat-Tkabbir u Tħawwil ta' Ħxejjex tal-Ikel

(1)The scope of these regulations is to make provisions f or a s s ur i n g t h a t an y p r o pa ga t io n a n d p l a n ti n g m a t e r i a l o f vegetables other than seed produced, placed on the market in Malta or being transhipped through Malta prior to its transport to another Member State meets specified standards of quality. Scope.

(2)These regulations shall apply to vegetable propagation and planting material, other than seeds, of the genera, species and their hybrids, listed in Schedule I. Rootstocks and other parts of plants of other genera or species or their hybrids shall also be subject to these regulations if material of one of the said genera or species, or of their hybrids is, or has to be, grafted on to them.

(3)These regulations shall not apply to propagation or planting material intended to be exported to third countries, if properly identified as such and kept sufficiently isolated, without prejudice to the health rules laid down in the Act.

(4)The scope of these regulations is also to transpose Commission Implementing Directive 2013/45/EU amending Council Directives 2002/55/EC and 2008/72/EC and Commission Directive 2009/145/EC as regards the botanical name of tomato.

1. For the purpose of these regulations, the following definitions shall apply "the Act" means the Plant Quarantine Act; "breeder" means the person who bred, discovered and developed a variety, or his successor in title; "the Director" means the Director responsible for the Directorate; "the Directorate" means the Directorate or Department responsible for plant health; "laboratory" refers to a public or private law entity carrying out analysis and proper diagnosis, enabling the producer to monitor production quality; "lot" is a number of units of a single commodity, identifiable by its homogeneity of composition and origin; Interpretation. Amended by: L.N. 89 of 2020; L.N. 382 of
2. Cap.
3. 2 [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL "marketing" refers to the holding available or in stock, displaying or offering for sale, selling and, or delivering to another person, in whatever form, propagation or planting material; " o ff i c i a l i n s p e c t i o n " i s a n i n s p e c t i o n c a r r i e d o u t b y t h e responsible official body; "official measures" are measures taken by the responsible official body; "official statement" is a statement issued by or under the responsibility of the responsible official body; "planting material" refers to whole plants and parts of plants including the grafted components (in the case of grafted plants), intended for planting for the production of vegetables; "propagation material" refers to parts of plants and all plant material, including rootstocks, intended for the propagation and production of vegetables; "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; "responsible official body" is the Directorate; "supplier" means any natural or legal person carrying out professionally at least one of the following activities with regards to vegetable propagation and planting material, namely reproducing, producing, preserving and, or treating such material and the marketing thereof. Certification. Notification. Substituted by: L.N. 89 of
5. Deleted by Legal Notice 89 of
6. 5.

(1)Professional operators introducing vegetable propagation and planting material from another EU Member State shall declare the introduction of vegetable propagation and planting material forty-eight

(48)hours prior to their arrival in Malta, through the Supplementary Declaration System of Malta (Intrastat), of each lot received by them.

(2)The non-professional final users being supplied with vegetable propagation and planting material from another EU Member State shall also inform the Directorate by means of the EU Plant Notification Form (For General Public) available on the Directorate’s website, forty-eight

(48)hours prior to the arrival of the vegetable propagation and planting material in Malta of each lot received by them.

(3)The professional operators and the non-professional final users being supplied with vegetable propagation and planting material being imported from a third country shall also inform the VEGETABLE PROPAGATION AND PLANTING MATERIAL [ S.L.433.13 3 Directorate by means of the Third Countries Notification Form available on the Directorate’s website forty-eight

(48)hours prior to the arrival, of the plant material in Malta of each lot received by them. 6. Deleted by Legal Notice 89 of 2020. 7. A schedule shall be established in Schedule II for each genus and species listed in Schedule I hereof, and for rootstocks of other genera and species if material of the genus or species is, or has to be, grafted on to them with a reference to the plant-health conditions laid down in the Act applying to the genus and, or species concerned, laying down - General certification procedure. Schedule of genera and species of vegetable propagation material. (

1. a)the conditions with which vegetable planting material must comply in particular with those relating to the quality and purity of the crop and, where appropriate, varietal characteristics. These requirements shall be added to Schedule II Part A; and (
2. b)the conditions with which propagation material must comply, in particular those relating to the propagation system applied, the purity of the growing crop and, where appropriate, the varietal characteristics. These conditions will be set out in Schedule II Part B. 8.

(1)Vegetable propagation and planting material which belongs to the genera and species listed in Schedule I and that is also covered by the regulations concerning vegetable species in the Seeds of Agricultural Plants and Vegetables Regulations shall not be marketed unless it belongs to a variety accepted in accordance with the mentioned regulations.

(2)Vegetable propagation and planting material which belongs to the genera and species listed in Schedule I but which is not covered by the regulations concerning vegetable species in the Seeds of Agricultural Plants and Vegetables Regulations shall not be marketed within the European Union unless it belongs to a variety officially accepted in at least one Member State. The provisions laid down in regulation 8 of the said regulations shall apply to the conditions for acceptance. Regulation 8 of the said regulations shall apply mutatis mutandis to the procedures and formalities for acceptance and maintenance procedures.

(3)Relevant provisions laid down in the regulations concerning vegetable species in the Seeds of Agricultural Plants and Vegetables Regulations shall apply to the conditions for acceptance. The results of unofficial tests and practical information gathered in the course of growing may be taken into consideration in each instance.

(4)Varieties officially accepted in accordance with subregulation

(2)shall be entered in the Common Catalogue of Varieties of Vegetable Species referred to in regulation 8 of the Seeds of Agricultural Plants and Vegetables Regulations. Vegetable propagation and planting material of accepted varieties. S.L. 433.21 S.L. 433.21 S.L. 433.21 S.L. 433.21 4 [ S.L.433.13 Conditions to be satisfied by suppliers. VEGETABLE PROPAGATION AND PLANTING MATERIAL 9.

(1)The suppliers shall take all the necessary measures to guarantee compliance with the standards laid down in these regulations at all stages of the production and marketing of vegetable propagation and planting material.

(2)(a) For the purposes of subregulation

(1), the said suppliers shall either carry out themselves, or have carried out by an accredited supplier or the responsible official body, checks based on the following principles: (

1. i)identification of critical points in their production process on the basis of the production methods used; (
2. ii)establishment and implementation of methods for monitoring and checking the critical points referred to in subparagraph (i); (iii) sample collection for analysis in a laboratory accredited by the responsible official body for the purpose of checking compliance with the standards established by these regulations; and (
3. iv)keeping a written record or a record registered in an indelible fashion of the data referred to in subparagraphs (i), (
4. ii)and (iii), as well as records on the production and marketing of propagation and planting material, to be held at the disposal of the responsible official body. These documents and records shall be kept for a period of at least one year. (
5. b)However, suppliers whose activity in this connection is confined merely to the distribution of vegetable propagation and planting material produced and packaged on premises other than their own, shall be required only to keep a written record or a record registered in an indelible fashion of the buying and selling and, or delivery of such products. (
6. c)This subregulation shall not apply to suppliers whose activity in this connection is confined to the supply of small quantities of vegetable propagation and planting material to non-professional final consumers.

(3)If the result of their own checks or any information at the disposal of the suppliers referred to in subregulation

(1)reveals the presence of one or more harmful organisms referred to in the Act or in quantities greater than those normally allowed for in order to meet the standards, or of those specified in the relevant schedules established pursuant to regulation 7, the suppliers shall immediately report this to the responsible official body and shall take the measures indicated by the responsible official body or any other measures necessary to reduce the risk of such harmful organisms from spreading. The supplier shall keep records of all occurrences of harmful organisms on his premises and of all measures taken in relation to such occurrences.

(4)Detailed rules for the application of subregulation

(2)(b) shall be established by the responsible official body. VEGETABLE PROPAGATION AND PLANTING MATERIAL [ S.L.433.13 10.

(1)The responsible official body shall accredit suppliers once it has verified that their production methods and establishments meet the requirements of these regulations with regards to the nature of the activities they carry out. Accreditation must be renewed if a supplier decides to carry out activities other than those for which he has received accreditation. 5 Accreditation, supervision and monitoring of suppliers.

(2)The above mentioned body shall accredit laboratories once it has verified that these laboratories, their methods and their establishments meet the requirements of these regulations to be specified by the responsible official body with regards to the testing activities they carry out. Accreditation must be renewed if a laboratory decides to carry out activities other than those for which it has received accreditation.

(3)The official body shall take the necessary measures if the requirements referred to in subregulations

(1)and

(2)cease to be met.

(4)The supervision and monitoring of suppliers, establishments and laboratories shall be carried out regularly by or under the responsibility of the Department, which shall at all times have free access to all parts of the establishments, in order to ensure compliance with the requirements of these regulations. Implementing measures concerning supervision and monitoring are specified in Schedule IV. If such supervision and monitoring reveal that the requirements of these regulations are not being met, the Department shall take appropriate action. 11.

(1)Without prejudice to regulation 12

(2), vegetable propagation and planting material shall be marketed only in sufficiently homogeneous lots and if they have complied with these regulations and are accompanied by a document prepared by the supplier in accordance with the conditions laid down in the schedule established pursuant to regulation

1. If an official statement appears on this document, it shall be clearly separated from all other contents of the document. Requirements for labelling and, or sealing and packaging of vegetable propagation and planting material shall be set out in Schedule II as referred to in regulation
2. Documentation, labelling and sealing.

(2)In the case of supply by the retailer of vegetable propagation and planting material to a non-professional final c o n s u m e r, r e q u i r e m e n t s f o r l a b e l l i n g m a y b e c o n f i n e d t o appropriate product information. 12.

(1)While growing and during lifting or removal from the parent material, vegetable propagation and planting material shall be kept in separate lots.

(2)If vegetable propagation and planting material of different origins is put together or mixed during packaging, storage, transport or at delivery, the supplier shall keep records including data on the composition of the lot and origin of the individual components.

(3)The Department shall ensure compliance with the requirements of subregulations

(1)and

(2)by carrying out official Containment of propagation and planting material. 6 [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL inspections. Marketing of plant material. 13.

(1)Vegetable propagation and planting material may be marketed only by accredited suppliers and provided they meet the requirements laid down in the schedule referred to in regulation 7.

(2)Without prejudice to the provisions of the Act, subregulation

(1)shall not apply to vegetable propagation and planting material intended for any of the following: (

1. a)trials or scientific purposes; (
2. b)selection work; or (
3. c)measures aimed at preserving genetic diversity.

(3)Detailed rules for the application of paragraphs (a), (

1. b)and (
2. c)shall be adopted as necessary. Local circulation of plant material. 14.

(1)The Department may exempt (

1. a)from the application of regulation 11, small producers all of whose production and sales of vegetable propagation and planting material is intended for final use by persons on the local market who are not professionally involved in plant production (local circulation); (
2. b)from the controls and official inspections provided for in regulation 21, the local circulation of vegetable propagation and planting material produced by such exempt persons.

(2)Implementing measures relating to other requirements concerning the exemptions referred to in subregulation

(1)(a) and (b), in particular as regards the concepts of small producers and local market, and to the relevant procedures, shall be adopted. Official inspections. 15. The responsible official body shall ensure that official inspections by sampling checks on propagation and planting material is carried out during production and marketing, with the aim of verifying compliance with the requirements and conditions of these regulations. Compliance with these regulations. 16.

(1)The Department shall ensure that vegetable propagation and planting material produced in Malta and intended for marketing, complies with the requirements of these regulations.

(2)If it is found, during an official inspection, that vegetable propagation and planting material cannot be marketed because of non-compliance with a condition relating to plant health, the Department shall take appropriate official measures to eliminate any consequent plant-health risks. Non-compliance with these regulations. 17.

(1)If, during the supervision and monitoring provided for i n reg ul ati on 1 0

(4), t he offi cia l insp ect io n p r ovi ded for in regulation 15 or the trials provided for in regulation 22, it is found that vegetable propagation and planting material does not meet the requirements of these regulations, the responsible official body shall take appropriate action to ensure that it does comply with the VEGETABLE PROPAGATION AND PLANTING MATERIAL [ S.L.433.13 7 provisions of these regulations or, if that is not possible, to ban the marketing of that vegetable propagation and planting material in the European Union.

(2)If it is found that vegetable propagation and planting material marketed by a particular supplier does not comply with the requirements and conditions of these regulations, the responsible official body shall ensure that appropriate measures are taken against that supplier. If the supplier is forbidden to market veget abl e p ropagation and planting m aterial, t he European Commission and the competent national authorities in the other Member States shall be notified.

(3)Any measures taken under subregulation

(2)shall be withdrawn as soon as it has been established with adequate certainty that the vegetable propagation and planting material intended for marketing by the supplier will, in the future, comply with the requirements and conditions of these regulations. 18. In the event of temporary difficulties in the supply of vege tabl e p ro pag ati on and pl ant in g m at eri al sa tisfyi ng th e requirements of these regulations, measures may be adopted concerning the marketing of vegetable propagation and planting material meeting less stringent requirements, without prejudice to the plant health rules laid down in Act. Less stringent requirements. 19.

(1)The marketing of vegetable propagation and planting material which complies with the requirements and conditions of these regulations shall be subject to no restrictions as regards s u p p l i e r, p l a n t h e a l t h , g r o w i n g m e d i u m a n d i n s p e c t i o n arrangements other than those laid down in these regulations. Marketing restrictions.

(2)The marketing of vegetable propagation and planting material whose variety is entered in the Common Catalogue of Va r i e t i e s o f Ve g e t a b l e S p e c i e s s h a l l n o t b e s u b j e c t t o a n y restrictions as regards the variety other than those laid down or referred to in these regulations.

(3)As regards the products referred to in Schedule I, the Department may refrain from imposing more stringent conditions or marketing restrictions other than the conditions laid down in the schedules referred to in regulation 7. 20.

(1)Vegetable propagation and planting material produced in a third country shall afford the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing. It shall be equivalent in all respects to vegetable propagation and planting material produced in the European Union and complying with the requirements and conditions of these regulations.

(2)Pending the decision referred to in subregulation

(1), Malta may, until the 31st December, 2022, apply to import vegetable propagation and planting material from third countries which have conditions at least equivalent to those laid down temporarily or permanently in the schedules referred to in regulation

1. Where no such conditions are laid down in the said schedules, the import Equivalence. Amended by: L.N. 45 of 2009; L.N. 453 of
2. 8 [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL conditions must be at least equivalent to those applicable to the production in Malta.

(3)Vegetable propagation and planting material imported to Malta in accordance with a decision taken by the country shall be subject to no marketing restrictions in the other Member States as regards the matters referred to in subregulation

(1). Implementing procedures.

1. Detailed implementing procedures for the controls provided for in regulation 9 and for the official inspections provided for in regulations 12 and 15 including sampling methods, are established by the Department. Experimentation.
2. Trials, or where appropriate tests, shall be carried out on samples to check that vegetable propagation and planting material complies with the requirements and conditions of these regulations, including those related to plant health. [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL SCHEDULE I List of genera and species Amended by: L.N. 88 of 2007; L.N. 115 of
3. Substituted by: L.N. 89 of
4. The following table lists the genera and species to which these regulations apply: Genus or species Common name Allium cepa L. - Cepa group Onion Echalion -Aggregatum group Shallot Allium fistulosum L. Japanese bunching onion or Welsh onion -all varieties Allium porrum L. Leek -all varieties Allium sativum L. Garlic -all varieties Allium schoenoprasum L. Chives -all varieties Anthriscus cerefolium (L.) Hoffm. Chervil -all varieties Apium graveolens L. -Celery Group - -Celeriac Group Asparagus officinalis L. 9 Asparagus -all varieties Beta vulgaris L. -Garden Beet Group Beetroot including Cheltenham beet -Leaf Beet Group Spinach beet or Chard 10 [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL Brassica oleracea L. -Kale Group - -Cauliflower Group - -Capitata Group Red cabbage and White cabbage -Brussel Sprouts Group - -Kohlrabi Group - -Savoy Cabbage Group - -Broccoli Group Calabrese type and sprouting type - -Palm Kale Group -Tronchuda Group Portuguese cabbage Brassica rapa L. -Chinese Cabbage Group - -Vegetable Turnip Group - Capsicum annuum L. Chilli or Pepper -all varieties Cichorium endivia L. Endive -all varieties Cichorium intybus L. -Witloof Chicory Group -Leaf Chicory Group Large-leaved chicory or Italian chicory -Industrial (Root) Chicory Group Citrullus lanatus (Thunb.) Matsum. et Nakai Watermelon -all varieties Cucumis melo L. Melon -all varieties Cucumis sativus L. -Cucumber Group - -Gherkin Group - Cucurbita maxima Duchesne Gourd -all varieties Cucurbita pepo L. -all varieties Marrow, including mature pumpkin and scallop squash or Courgette, including immature scallop squash Cynara cardunculus L. -Globe Artichoke Group - -Cardoon Group - [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL Daucus carota L. Carrot -all varieties Fodder carrot Foeniculum vulgare Mill. Fennel -Azoricum Group Lactuca sativa L. Lettuce -all varieties Petroselinum crispum (Mill.) Nyman ex A.W. Hill - -Leaf Parsley Group - -Root Parsley Group Phaseolus coccineus L. Runner bean -all varieties Phaseolus vulgaris L. -Dwarf French Bean Group - -Climbing French Bean Group - Pisum sativum L. (partim) -Round Pea Group - -Wrinkled Pea Group - -Sugar Pea Group - Raphanus sativus L. -Radish Group - -Black Radish Group - Rheum rhabarbarum L. Rhubarb -all varieties Scorzonera hispanica L. Scorzonera or Black salsify -all varieties Solanum lycopersicum L. Tomato -all varieties Solanum melongena L. Aubergine or Eggplant -all varieties Spinacia oleracea L. Spinach -all varieties Valerianella locusta (L.) Laterr. Corn salad or Lamb’s lettuce -all varieties Vicia faba L. Broad bean -all varieties Zea mays L. -Sweet Corn Group - -Popcorn Group - 11 12 [ S.L.433.13 Amended by: L.N. 382 of
5. VEGETABLE PROPAGATION AND PLANTING MATERIAL SCHEDULE II Conditions to be laid down in accordance with regulation 7 Part A Conditions with which planting material must comply. Part B Schedules for genera and species not listed in the Seeds of Agricultural Plants and Vegetables Regulations

(1)This Schedule establishes the schedules referred to in regulation 7 of these regulations and sets out requirements for labelling referred to in regulation 11.

(2)The schedule s apply to the growing crop and vegetable propagation material (including rootstocks) and planting material derived therefrom, of all the genera and species listed in Schedule I, and to rootstocks of other genera and species referred to in regulation 7 of these regulations, irrespective of the propagation system applied, the above mentioned items being hereinafter collectively referred to as "the material". The provisions of this Schedule shall apply progressively, taking into account the production cycles of the material referred to in paragraph

(2).

(3)The material shall, where applicable, comply with the relevant plant health conditions laid down in the Act.

(4)The vegetable propagating and planting material shall, at least on visual inspection, be found at the place of production to be practically free from all pests listed in Schedule III, with regard to the respective propagating and planting material. The presence of regulated non-quarantine pests (RNQPs) on vegetable propagating and planting material that is marketed shall, at least upon visual inspection, not exceed the respective thresholds set out in Schedule III. The vegetable propagating and planting material shall upon visual inspection be found to be practically free from any pests, other than the pests listed in Schedule III with regard to the respective propagating and planting material, which reduce the usefulness and quality of the vegetable propagating and planting material. .

(5)The vegetable propagating and planting material shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and regulated non-quarantine pests provided for in Regulation (EU) 2016/2031 and in the implementing acts adopted pursuant to that Regulation, including with the measures adopted pursuant to Article 30

(1)of that Regulation.

(6)The material shall have identity and purity in respect of genera or species and shall also have sufficient varietal identity and varietal purity.

(7)The material shall be substantially free from defects likely to impair its quality as propagation or planting material. The vigour and dimensions of the material shall be satisfactory in respect of its usefulness as vegetable propagation and planting material. Furthermore, an appropriate balance shall be assured between the roots, stems and leaves. VEGETABLE PROPAGATION AND PLANTING MATERIAL [ S.L.433.13 SCHEDULE III RNQPs concerning vegetable propagating and planting material 13 Amended by: L.N. 115 of

1. Substituted by: L.N. 89 of
2. Amended by: L.N. 95 of
3. Bacteria RNQPs or symptoms caused by RNQPs Vegetable propagating and planting material (genus or species) Clavibacter michiganensis ssp. michiganensis (Smith) Davis et al. [CORBMI] Solanum lycopersicum L. 0% Xanthomonas euvesicatoria Jones et al. [XANTEU] Capsicum annuum L., Solanum lycopersicum L. 0% Xanthomonas gardneri (ex Šutič 1957) Jones et al. [XANTGA] Capsicum annuum L., Solanum lycopersicum L. 0% Xanthomonas perforans Jones et al. [XANTPF] Capsicum annuum L., Solanum lycopersicum L. 0% Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE] Capsicum annuum L., Solanum lycopersicum L. 0% Threshold for the presence of RNQPs on the vegetable propagating and planting material Fungi and oomycetes RNQPs or symptoms caused by RNQPs Vegetable propagating and planting material (genus or species) Threshold for the presence of RNQPs on the vegetable propagating and planting material Fusarium Link (anamorphic genus) [1FUSAG] other than Fusarium oxysporum f. sp. albedinis (Kill. & Maire) W.L. Gordon [FUSAAL] and Fusarium circinatum Nirenberg & O’Donnell [GIBBCI] Asparagus officinalis L. 0% Helicobasidium brebissonii (Desm.) Donk [HLCBBR] Asparagus officinalis L. 0% Stromatinia cepivora Berk. [SCLOCE] Allium cepa L., Allium fistulosum L., Allium porrum L., Allium sativum L. 0% Verticillium dahliae Kleb. [VERTDA] Cynara cardunculus L. 0% 14 [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL Nematodes RNQPs or symptoms caused by RNQPs Vegetable propagating and planting material (genus or species) Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Allium cepa L., Allium sativum L. Threshold for the presence of RNQPs on the vegetable propagating and planting material 0% Viruses, viroids, virus-like diseases and phytoplasmas RNQPs or symptoms caused by RNQPs Vegetable propagating and planting material (genus or species) Leek yellow stripe virus [LYSV00] Allium sativum L. 1% Onion yellow dwarf virus [OYDV00] Allium cepa L., Allium sativum L. 1% Potato spindle tuber viroid [PSTVD0] Capsicum annuum L., Solanum lycopersicum L. 0% Tomato brown rugose fruit virus [ToBRFV] Capsicum annuum L., other than material belonging to a variety known to be resistant to ToBRFV. Solanum lycopersicum L. and hybrids thereof 0% Tomato spotted wilt tospovirus [TSWV00] Capsicum annuum L., Lactuca sativa L., Solanum lycopersicum L., Solanum melongena L. 0% Tomato yellow leaf curl virus [TYLCV0] Solanum lycopersicum L. 0% Threshold for the presence of RNQPs on the vegetable propagating and planting material SCHEDULE IV Supervision and monitoring of suppliers and their establishments

(1)This Schedule lays down implementing measures concerning the supervision and monitoring of suppliers and their establishments, other than those whose activity is confined to the placing on the market of vegetable propagation and planting material, pursuant to regulation 10

(4), in cases where the checks referred to in regulation 9

(2)are carried out by the suppliers themselves or by an accredited supplier. VEGETABLE PROPAGATION AND PLANTING MATERIAL [ S.L.433.13 15

(2)The Department shall carry out regularly, at least once a year at an appropriate time, supervision and monitoring of suppliers and their establishments in order to ensure continued compliance with the requirements laid down in these regulations and in particular with the principles set out in regulation 9

(2)(a)(i) to (iv), account being taken of the particular nature of the activity or activities of the supplier.

(3)As far as the identification of critical points in the production process referred to in regulation 9

(2)(a)(i) and the keeping of records referred to in regulation 9

(2)(a)(

1. iv)are concerned, the Department shall supervise and monitor the supplier to ensure that the supplier: (
2. a)continues to take into account the following critical points, where appropriate: (
3. i)the quality of the vegetable propagation and planting material utilized to start the production process, (
4. ii)the sowing, pricking-out, potting-up and planting of vegetable propagation and planting material, (iii) compliance with the conditions laid down in the Act, (
5. iv)the cultivation plan and method, (
6. v)general crop care, (
7. vi)the multiplication operations, (vii) the harvesting operations, (viii) hygiene, (
8. ix)treatments, (
9. x)(
10. xi)packaging, storage, (xii) transport, and (xiii) administration; (
11. b)keeps records, with a view to having complete information available for the Department on: (
12. i)plants or other objects: - purchased for storage or planting on the premises, - under production, or - dispatched to others; and (
13. ii)any chemical treatments that have been applied to the plants, and the related documents that are kept for at least one year; (
14. c)is available personally or designates another person technically experienced in plant production and related plant-health matters, to liase with the Department; (
15. d)carries out visual inspections as necessary and at appropriate times in a manner accepted by the Department; and (
16. e)allows access by persons entitled to act for the Department, in particular for inspection and, or sampling purposes, and allows access to the records and related documents referred to in paragraph (b); (
17. f)otherwise cooperates with the Department.

(4)As far as the establishment and implementation of methods for monitoring and checking the critical points as referred to regulation 9

(2)(a)(

1. ii)are concerned, 16 [ S.L.433.13 VEGETABLE PROPAGATION AND PLANTING MATERIAL the Department shall supervise and monitor the supplier to ensure that, where appropriate, such methods continue to be carried out, giving particular attention to: (
2. a)the availability and actual use of methods for checking each of the critical points mentioned in paragraph 3 of this Schedule; (
3. b)the reliability of those methods; (
4. c)their suitability for an assessment of the content of the production and marketing arrangements, including the administrative aspects; and (
5. d)the competence of the supplierís staff to carry out the checks.

(5)As far as the taking of samples for analysis in an accredited laboratory as referred to in regulation 9

(2)(a)(iii) is concerned, the Department shall supervise and monitor the supplier to ensure, where appropriate, that: (

1. a)samples are taken during the various stages of production at intervals established by the Department when the production methods were verified at the time of accreditation; (
2. b)samples are taken in a technically correct manner and using a statistically reliable procedure, with particular attention to the kind of analysis to be carried out; (
3. c)the persons who take the samples are qualified to do so; and (
4. d)the analysis of samples is carried out by a laboratory that is accredited for that purposes pursuant to regulation 10

(2). SCHEDULE V Supplier’s Document 1. The supplier’s document referred to in regulation 11 shall be of suitable material which has not previously been used and shall be printed in Maltese or in English. It shall contain the following information headings: (

1. a)indication "EC quality"; (
2. b)indication of EU Member State code; (
3. c)indication of the responsible official body or its distinguishing code; (
4. d)registration or accreditation number; (
5. e)name of supplier; (
6. f)individual serial, week or batch number; (
7. g)date of issue of the supplierís document; (
8. h)reference number of seed lot in the case of young plants raised directly from seeds marketed pursuant to regulations 7 and 8 of the Seeds of Agricultural Plants and Vegetables Regulations. Alternatively, this reference number shall be made available, on request, to the Department; (
9. i)common name, or where the material is accompanied by a plant passport in accordance with the Act, the botanical name; (
10. j)denomination of the variety. In the case of rootstocks, denomination of the variety or its designation; (
11. k)quantity; VEGETABLE PROPAGATION AND PLANTING MATERIAL (
12. l)[ S.L.433.13 17 in the case of imports from third countries pursuant to, the name of the country of harvesting. 2. Where the material is accompanied by a plant passport in accordance with the Act, the plant passport may, if the supplier so wishes, constitute the supplierís document referred to in paragraph 1 of this Schedule. Nonetheless, the remark "EC quality", an indication of the responsible official body and the denomination of the variety shall be included. In the case of imports from third countries, the name of the country of harvesting must also be given. This information may be on the same document as the plant passport, but this must be clearly separated.