L.S. 433.15 Regolamenti dwar Materjal għat-Tkattir ta' Dwieli

(1)The scope of these regulations is to make provisions to ensure that any propagation material of vine, produced in Malta or placed on the market in Malta, or intended to be moved to another Member State, meets specified standards of quality. Scope. Amended by: L.N. 310 of 2006; Substituted by: L.N. 383 of 2020.

(2)These regulations shall apply to plant material utilised for the vegetative propagation of vines, hereinafter referred to as the propagation material as hereinafter defined, produced and marketed within the European Union.

(3)These regulations transpose Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation material of the vine. 3. 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: (

1. 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; (
2. b)is intended for the production of certified propagation material; (
3. c)satisfies the conditions laid down in Schedules I and II for basic propagation material; and (
4. d)has been found by official examination, to satisfy the above mentioned conditions; "certified propagation material" refers to propagation material that: (
5. a)is obtained directly from basic or initial propagation material; (
6. b)is intended for (
7. i)the production of young plants or parts of plants for use in the production of grapes, or Interpretation. Amended by: L.N. 310 of 2006. Cap. 433. 2 [ S.L.433.15 PROPAGATION MATERIAL OF VINES (
8. ii)the production of grapes; (
9. c)satisfies the conditions laid down in Schedules I and II for certified propagation material; and (
10. 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: (
11. 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; (
12. b)is intended for the production of basic or certified propagation material; (
13. 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 (
14. d)has been found by official examination, to satisfy the above conditions; "marketing" refers to the sale, holding with a view to sale, offer f o r s a l e a n d a n y d i s p o s a l , s u p p l y o r t r a n s f e r, ai m e d a t t h e 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: (
15. a)the supply of propagation material to official testing and inspection bodies; and (
16. 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: (
17. a)multiplication nurseries which are nurseries used for the cultivation of rooted cuttings or rooted grafts; and (
18. b)stock nurseries which are nurseries utilised for the PROPAGATION MATERIAL OF VINES [ S.L.433.15 production of rootstock cuttings for grafting, nursery cuttings or top-graft cuttings; "official measures" are measures taken (
19. a)by the National Certification Service, (
20. b)by any legal person whether governed by public or by private law, acting under the responsibility of the same Service, or (
21. 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 (
22. b)and (
23. c)derive no private gain from such measures; "propagation material" refers to (
24. a)young vine plants: (
25. i)rooted cuttings which are ungrafted pieces of rooted vine shoot or herbaceous shoot intended for planting ungrafted or for use as rootstocks; (
26. ii)rooted grafts that are pieces of vine shoot or herbaceous shoot joined by grafting, the underground part of which is rooted; (
27. b)parts of young vine plants: (
28. i)vine shoots which are one-year old shoots; (
29. 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; (
30. 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; (
31. 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 nonquarantine 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: (
32. a)has varietal identity and purity; 3 4 [ S.L.433.15 PROPAGATION MATERIAL OF VINES (
33. b)is intended for (
34. i)the production of young plants or parts of plants for use in the production of grapes, or (
35. ii)the production of grapes; (
36. c)satisfies the conditions laid down in Schedules I and II for standard material; and (
37. 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: (
38. a)defined by the expression of the characters resulting from a given genotype or combination of genotypes; (
39. b)distinguished from any other plant grouping by the expression of at least one of the said characters; and (
40. 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. Certification. Amended by: L.N. 310 of 2006. Substituted by: L.N. 383 of 2020. 4.

(1)Professional operators introducing vine propagation m a t e r i a l f r o m a n o t h e r E U M e m b e r St a t e s h a l l d e c l a r e t h e introduction of such material forty-eight

(48)hours prior to its 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 vine propagation 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, fortyeight

(48)hours prior to the arrival of the plant material in Malta of each lot received by them.

(3)The professional operators and the non-professional final users being supplied with vine propagation material being imported from a third country shall also inform the Directorate by means of the Third Countries Notification Form available on the Directorate’s website forty eight hours

(48)prior to the arrival, of the plant material in Malta of each lot received by them. Notification. Amended by: L.N. 310 of

2. Deleted by Legal Notice 383 of
3. General certification procedure. Amended by: L.N. 310 of
5. Deleted by Legal Notice 383 of
6. Conditions for listing of varieties. Amended by: L.N. 310 of 2006; L.N. 151 of
7. 7.

(1)A catalogue of vine varieties and where applicable, clones, shall be established, maintained, updated and managed by the Seeds and other Propagation Material Unit.

(2)The catalogue shall be divided into three sections: (

1. a)one section dedicated to varieties for the production of PROPAGATION MATERIAL OF VINES [ S.L.433.15 table grapes; (
2. b)one section dedicated to varieties for the production of grapes for wine production; (
3. c)one section dedicated to rootstock varieties.

(3)The catalogue shall be open to public inspection.

(4)Each variety registered in the catalogue shall bear an indication as to its official acceptance for certification and for checking as standard propagation material in Malta by the National Certification Service. The varieties and, where applicable clones, accepted, shall be officially checked at regular intervals. If any of the conditions for acceptance for certification or checking is no longer satisfied, acceptance shall be revoked and the variety shall be deleted from the list. All applications or withdrawals of applications for acceptance of a variety, entries in a catalogue of varieties and amendm ents made to it, shall be immediately communicated to the other Member States and to the European Commission.

(5)The catalogue shall indicate the principal morphological and physi ological ch aracters by which the vari eti es can be distinguished from one another. For those varieties already accepted as at 31 December 1971, reference may be made to the description in the official ampelographic publications.

(6)No variety shall be accepted unless it is distinct, stable and sufficiently uniform.

(7)A variety shall be deemed to be distinct if it is clearly distinguishable, by reference to the expression of the characteristics resulting from a particular genotype or combination of genotypes, from any other variety whose existence is a matter of common knowledge in the European Union. A variety shall be deemed to be a matter of common knowledge in the European Union if, on the date on which application is duly made for its acceptance, it is either: (

1. a)entered in the Maltese catalogue or in the catalogue of another Member State, or (
2. b)the subject of an application for acceptance in Malta or in another Member State, unless the conditions referred to in this sub-regulation are no longer met in all the Member States concerned before a decision is made regarding the application for acceptance of the new variety being assessed.

(8)A variety shall be regarded as being stable if the expressions of the characters which are included in the examination for distinctness, a s well as any ot he rs us ed for th e v ari ety description, remain unchanged after repeated propagation.

(9)A variety shall be deemed to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characters which are included in the examination for distinctness, as well as any others used for describing the variety. 5 6 [ S.L.433.15 Cap. 436. PROPAGATION MATERIAL OF VINES

(10)Acceptance of varieties to the catalogue shall be requested through an official application addressed to the Seeds and other Propagation Material Unit. Acceptance to the catalogue shall be based on the results of official examinations, particularly growing trials, covering a sufficient number of characters for the variety to be described as indicated in Schedules V and VI. The methods used for determining characters must be exact and reliable and shall also comply with the regulations prescribed under the Wine Act.

(11)The following shall be determined by the Viticulture and Oenology Unit, with the advice of the Seeds and other Propagation Material Unit, in accordance with the procedures adopted by the European Union: (a) the characters to be covered as a minimum by the examinations; and (b) the minimum requirements for carrying out the examinations.

(12)Synonyms and, or, homonyms shall also be indicated in the catalogue.

(13)Varieties and clones accepted in the catalogues of the other Member States are also accepted for certification and for the checking of standard propagation material in Malta without prejudice to Council Regulation No 1493/1999 of the 17th May, 1999 on the common organisation of the market of wine.

(14)Varieties, and where applicable, clones coming from other Member States are subject to the same requirements as those which apply to domestic varieties or clones, in particular as regards the acceptance procedure.

(15)If and when genetically-modified varieties within the meaning of Article 2 of Directive 2001/18/EC of 12th March, 2001 of the European Parliament and of the Council are available, such varieties shall only be accepted if all appropriate measures have been taken to avoid adverse effects on human health and the environment. Those varieties accepted must be clearly indicated as such in the catalogue of varieties. The National Certification Service shall further ensure that any person marketing such a variety clearly indicates in the vine sales catalogue that the variety is genetically-modified and states the purpose of the modification. Maintenance of varieties. 8.

(1)It shall be required that varieties and where applicable, clones, accepted in the catalogue are maintained by selection for conservation.

(2)Maintenance must always be verifiable on the basis of records made by those responsible for maintenance of a variety and, where applicable, of a clone. Samples may be requested from t h o s e r es p o n s i b l e f o r t h e m a i n t e n a n c e o f a v a r i e t y. W h e r e necessary, samples may be taken officially.

(3)Maintenance may be carried out in another Member State with the authorisations of both the Seeds and other Propagation Material Unit and the Viticulture and Oenology Unit. Certification. 9.

(1)Vine propagation material may not be placed on the PROPAGATION MATERIAL OF VINES [ S.L.433.15 7 market unless: (

1. a)it has been officially certified as initial propagation material, basic propagation material or certified propagation material or, in the case of propagation material not intended for use as rootstocks, is officially checked as standard material and satisfies the conditions laid down in Schedule II; (
2. b)notwithstanding paragraph (
3. a)as a transitional measure up to 1st January 2005, the marketing in Malta’s territory of standard material intended for use as rootstocks and taken from parent plants in existence on 23rd February, 2002, shall be allowed; (
4. c)notwithstanding paragraph (a), the National Certification Service may authorise local producers to place on the market appropriate quantities of propagation material: (
5. i)for trials or scientific purposes; (
6. ii)for selection work; or (iii) intended to help preserve genetic diversity; (
7. d)the conditions under which the authorisation is granted in respect of paragraph (
8. c)shall be determined in accordance with the procedures of the European Union. If and when genetically-modified material is available, such authorisation may be granted only if all the appropriate measures have been taken to avoid endangering human health and the environment. Environmental risk assessments and other checks have to be carried out in this respect; (
9. e)in the case of propagation material produced by means of in vitro propagation techniques, the following provisions may be adopted in accordance with the procedures of the European Union: (
10. i)derogation from specific provisions of these regulations; (
11. ii)conditions applicable to such propagation material; (iii) designations that may be used for such propagation material; and (
12. iv)conditions to guarantee that the varietal authenticity has first been verified. 10. While growing, during lifting or removal from the parent vine, packaging, storage and transportation, propagation material shall be kept in separate batches and shall be marked with the variety and, where applicable, in the case of original propagation material, basic material and certified material, with the clone. Packaging, storage and transportation of propagation material. 11.

(1)Packages and bundles of propagation material shall be sealed officially or under official supervision, in such a manner that they cannot be opened without damaging the seal or without the official label referred to in regulation 12

(1)or, in the case of packaging, the packaging showing signs of tampering. To ensure Packaging of propagation material. Amended by: L.N. 310 of 2006. 8 [ S.L.433.15 PROPAGATION MATERIAL OF VINES proper sealing, the sealing device must comprise at least either the official label or an official seal. Further sealing may take place only officially or under official supervision.

(2)The sealing method or methods referred to in subregulation

(1)shall be determined and authorised by the National Certification Service. Labelling of packages. Amended by: L.N. 310 of 2006. 12.

(1)It shall be required that an official label in Maltese or in English, conforming to the specifications of Schedule IV be affixed on the outside of packages and bundles of propagation material by means of the sealing device. The colour of the label shall be white with a diagonal violet stripe for initial material, white for basic material, blue for certified material and dark yellow for standard material. Delible printing shall not be permitted.

(2)However, producers may be authorised to market more than one package or bundle of grafted or rooted vines with the same characteristics using a single label conforming to the specifications in Schedule IV. In such cases, the packages or bundles shall be attached together in such a way that the attachment is damaged on separation and can no longer be put back. The label shall be affixed by means of the attachment. No resealing shall be authorised.

(3)In the case of genetically-modified material, any label and document, official or otherwise, which is affixed to or accompanies the batch of material under these regulations shall clearly indicate that the variety has been genetically-modified and shall name the genetically-modified organisms.

(4)Without prejudice to Article 23

(2)of Council Regulation No 1493/1999, it may be required that each delivery of material produced in Malta also be accompanied by a uniform document featuring the following particulars inter alia: (

1. a)the nature of the goods; (
2. b)the variety and, where applicable, the clone; (
3. c)category; (
4. d)quantity; (
5. e)consignor; and (
6. f)recipient. The conditions to be set regarding this accompanying document shall be established by the National Certification Service, upon the advice of the Viticulture and Oenology Unit, in accordance with the rules of the European Union.

(5)The official label provided for under subregulation

(1)may also include the phytosanitary accompanying document provided for in the Act regarding plant passports. However, all of the conditions applicable to the official labelling and plant passports are defined and must be recognised as equivalent.

(6)The National Certification Service may indicate that the official labels must be preserved by the recipient of the material for the vegetative propagation of the vine for at least one year and made available to the official control authority. PROPAGATION MATERIAL OF VINES [ S.L.433.15 13.

(1)It shall be required that propagation material be marketed only in sufficiently homogeneous batches and in sealed packages or bundles bearing, as prescribed in regulation 12, a sealing device and markings. Packaging shall comply with the provisions of Schedule III. 9 Marketing of propagation material

(2)By derogation from subregulation

(1)as regards packaging, sealing and marking, the National Certification Service may determine the provisions applicable to the sale of small quantities to final consumers and also to market vines in pots, crates or boxes. 14.

(1)The National Certification Service shall ensure that the identity of the propagation material is preserved, from the time of its lifting, or its removal from the parent vines until its delivery to the final consumer, by a system of official controls laid down by the National Certification Service. The Service shall make suitable arrangements for propagation material to be officially controlled during marketing, at least by check sampling, as regards its compliance with the requirements of these regulations. Identity of propagation material.

(2)Without prejudice to the free movement of material within the European Union, all the necessary measures shall be taken to ensure that the competent authorities are supplied with the following particulars during the marketing of propagation material imported from a third country: (

1. a)species (botanical name); (
2. b)variety and, where applicable, clone; in the case of rooted grafts, such information shall apply both to the rootstock and to the top-graft cutting; (
3. c)category; (
4. d)nature of propagation material; (
5. e)country of production and official control authority; (
6. f)country of despatch, if different from the country of production; (
7. g)importer; and (
8. h)quantity of material. The manner in which these particulars are to be presented may be determined by the National Certification Service in accordance with the procedures established by the European Union. 15. It shall be provided that propagation material obtained directly from basic material certified in a Member State and grown in another Member State, may be certified in the State which produced the basic material if the propagation material has undergone field inspection satisfying the conditions laid down in S c h e d u l e I a n d i f o ff i c i a l e x a m i n a t i o n h a s s h o w n t h a t t h e conditions stated in Schedule II are satisfied. Propagation material certified and grown in different countries. 16.

(1)To eliminate any temporary difficulties in the supply of propagation material that cannot be overcome in any other way the National Certification Service may authorise for a specified period, the marketing of such quantity of propagation material of a category satisfying less stringent requirements. Less stringent requirements. 10 [ S.L.433.15 PROPAGATION MATERIAL OF VINES

(2)For a category of propagation material of any given variety, the colour of the label shall be that provided for the corresponding category. In all other cases it shall be brown. The label shall always state that the propagation material in question is of a category satisfying less stringent requirements. Additional or more stringent requirements. 17. The National Certification Service may, as regards the conditions laid down in Schedules I and II, impose additional or more stringent requirements for the certification of propagation material or the checking of standard material produced in Malta. Marketing restrictions. 18.

(1)Propagation material of vine varieties and where applicable, clones, which have been officially accepted in one or more Member States for certification and for checking as standard propagation material in accordance with these regulations, shall not be subject to any marketing restrictions as regards its characteristics, examination arrangements, marking and sealing, other than those laid down in these regulations, and are not subjected to any marketing restrictions based on the variety, and, where applicable, clones, without prejudice to Council Regulation No. 1493/1999.

(2)The National Certification Service, upon the advice of the Viticulture and Oenology Unit, may provide that after specified dates, propagation material of certain vine varieties may not be placed on the market unless it has been officially certified as basic material or certified material. Equivalence.

1. The National Certification Service may, as a transitional measure, after the entry into force of these regulations, provide that propagation material which has been used for establishing stock nurseries or multiplication nurseries is equivalent to propagation material certified or checked in accordance with the provisions of these regulations, if before being so used it afforded the same a s s ur a n c e s as pr o pa ga t i on m a t e r i a l ce rt i fi e d o r ch e c ke d i n accordance with these regulations. Experimentation to improve certain provisions in these regulations. Added by: L.N. 310 of
2. 20.

(1)For the purpose of seeking improved alternatives to certain provisions set out in these regulations, temporary experiments may be organised under specified conditions at Community level.

(2)Community comparative tests and trials shall be carried out within the Community for the post-control of samples of vine propagation material placed on the market under the provisions of these regulations, whether mandatory or discretionary, including those relating to plant health and taken during sampling. These tests and trials may include the following: (

1. a)propagation material produced in third countries; (
2. b)propagation material suitable for organic farming; and (
3. c)propagation material marketed in relation to measures intended to help preserve genetic diversity. These tests and trials shall be used to harmonise the technical methods of certification and to check satisfaction of the conditions with which the seed must comply and the Commission shall make PROPAGATION MATERIAL OF VINES [ S.L.433.15 the necessary arrangements for the comparative tests and trials to be carried out. 11 12 [ S.L.433.15 Substituted by: L.N. 310 of 2006; L.N. 383 of 2020. PROPAGATION MATERIAL OF VINES SCHEDULE I Conditions relating to the growing crop Section A – Identity, purity and cultural conditions 1. The growing crop shall have identity and purity with regard to the variety and, where applicable the clone. 2. The cultural conditions and the level of development of the growing crop shall be such as to allow sufficient checks on the identity and purity of the growing crop with regards to the variety and, if necessary, the clone, as well as its state of health. Section B – Health requirements for stock nurseries intended for the production of all categories of propagating material and for cutting nurseries of all categories 1. This Section shall apply to stock nurseries intended for the production of all categories of propagating material, and to cutting nurseries of all those categories. 2. The stock nurseries and the cutting nurseries shall, by visual inspection, be found free from the regulated non-quarantine pests (RNQPs) listed in Sections F and G, as regards the genus or species concerned. The stock nurseries and the cutting nurseries shall be sampled and tested for the RNQPs listed in Section G, as regards the genus or species concerned. In case of doubts concerning the presence of the RNQPs listed in Sections F and G, as regards the genus or species concerned, the stock nurseries and cutting nurseries shall be sampled and tested. 3. Visual inspection and, where appropriate, sampling and testing of the stock nurseries and cutting nurseries concerned shall be carried out pursuant to Section H. 4. Sampling and testing, as provided for in item 2, shall take place in the most appropriate period of the year taking into account the climatic conditions and the growing conditions of the vine, and the biology of the RNQPs relevant for that vine. As regards sampling and testing, the Directorate shall apply protocols of the European and Mediterranean Plant Protection Organisation (EPPO), or other protocols which are internationally recognised. Where such protocols do not exist, the relevant protocols established for Malta shall be applied. In that case, the Directorate shall, on request, make available those protocols to the other Member States and to the European Commission. As regards sampling and testing of vines in the stock nurseries intended for the production of initial propagating material, the Directorate shall apply biological indexing on indicator plants to assess the presence of viruses, viroids, virus-like diseases and phytoplasmas, or other equivalent protocols which are internationally recognised. Section C - Soil requirements and production conditions for stock nurseries intended for the production of all categories of propagating material, and for cutting nurseries of all categories of propagating material 1. The vines in stock nurseries and cutting nurseries may only be planted in soil or, where appropriate, in pots with growing media, free from any pests which may host the viruses listed in Section G. Freedom from such pests shall be established by sampling and testing. That sampling and testing shall be carried out taking into account the climatic [ S.L.433.15 PROPAGATION MATERIAL OF VINES 13 conditions and the biology of the pests which may host the viruses listed in Section G. 2. Sampling and testing shall not be carried out when the official control authority concludes on the basis of an official inspection that the soil is free from any pests which may host the viruses listed in Section G. Sampling and testing shall also not be carried out where vines have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence in that soil of the pests which may host the viruses listed in Section G. 3. As regards sampling and testing, the Directorate shall apply protocols of the EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, the Directorate shall apply the relevant protocols established for Malta. In that case, the Directorate shall, on request, make available those protocols to the other Member States and to the European Commission. Section D - Requirements with regard to the production site, place of production or area 1. The stock nurseries and the cutting nurseries shall be established under appropriate conditions to prevent any risk of contamination by pests which may host the viruses listed in Section G. 2. The cutting nurseries shall not be established within a vineyard or stock nursery. The minimum distance from a vineyard or stock nursery shall be three meters. 3. In addition to the health and soil requirements, and production conditions of Sections B and C, propagating material shall be produced in accordance with the requirements for the production site, place of production, or area as laid down in Section H to limit the presence of the pests listed in that Section. Section E - Official inspections 1. The propagating material produced in stock nurseries and cutting nurseries shall be found to comply with the requirements of Sections B to D through annual official crop inspections. 2. Those official inspections shall be carried out by the official control authority in accordance with Section H. 3. Additional official crop inspections shall be carried out in cases of disputes on matters which can be decided without prejudice to the quality of the propagating material. Section F - List of RNQPs for the presence of which visual inspection, and in the case of doubts, sampling and testing are required pursuant to item 2 of Section B Genus or species of vine propagating material other than seeds Non-grafted Vitis vinifera L. Vitis L. other than non-grafted Vitis vinifera L. RNQPs Insects and mites Viteus vitifoliae Fitch (VITEVI) Insects and mites Viteus vitifoliae Fitch (VITEVI) [ S.L.433.15 14 PROPAGATION MATERIAL OF VINES Vitis L. Bacteria Xylophilus ampelinus Willems et al. (XANTAM) Viruses, viroids, virus-like diseases and phytoplasmas Candidatus Phytoplasma solani Quaglino et al. [PHYPSO] Vitis L. Section G - List of RNQPs for the presence of which visual inspection, and in particular cases, sampling and testing are required pursuant to item 2 of Section B and Section H Genus or species RNQPs Vitis L. propagating Viruses, viroids, virus-like diseases and material other than seeds phytoplasmas Arabis mosaic virus (ARMV00) Grapevine fanleaf virus (GFLV00) Grapevine leafroll associated virus 1 (GLRAV1) Grapevine leafroll associated virus 3 (GLRAV3) Rootstocks of Vitis spp. and Viruses, viroids, virus-like diseases and their hybrids, except Vitis vinifera phytoplasmas L. Arabis mosaic virus (ARMV00) Grapevine fanleaf virus (GFLV00) Grapevine leafroll associated virus 1 (GLRAV1) Grapevine leafroll associated virus 3 (GLRAV3) Grapevine fleck virus (GFKV00) Section H - Requirements concerning measures for Vitis L. stock nurseries and, where applicable, cutting nurseries per category, pursuant to item 2 of Section B Vitis L. 1. Initial propagating material, basic propagating material and certified material Visual inspections The official control authority shall carry out visual inspections on stock nurseries and cutting nurseries at least once per growing season for all RNQPs listed in Sections F and G. 2. Initial propagating material Sampling and testing All vines in the stock nurseries intended for the production of initial propagating material, shall be sampled and tested concerning the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3. That sampling and testing shall be repeated with subsequent intervals of five years. The stock nurseries intended for the production of rootstocks shall be, in addition to the sampling and testing of the viruses referred to in the first indent, sampled and tested once concerning the presence of Grapevine fleck virus. The results of sampling and testing shall be available before acceptance of the stock nurseries concerned. PROPAGATION MATERIAL OF VINES 3. [ S.L.433.15 15 Basic propagating material Sampling and testing All vines in the stock nurseries intended for the production of basic propagating material shall be sampled and tested concerning the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3. Sampling and testing shall start from six-year-old stock nurseries and with subsequent intervals of six years. The results of sampling and testing shall be available before acceptance of the stock nurseries concerned. 4. Certified material Sampling and testing A representative portion of vines in a stock nursery intended for the production of certified material shall be sampled and tested concerning the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3. Sampling and testing shall start from ten-year-old stock nurseries and with subsequent intervals of ten years. The results of sampling and testing shall be available before acceptance of the stock nurseries concerned. 5. Initial propagating material, basic propagating material, and certified material Requirements with regard to the production site, place of production or area and according to the RNQPs concerned: (
4. a)Candidatus Phytoplasma solani Quaglino et al. (
5. i)Vines shall be produced in areas known to be free from Candidatus Phytoplasma solani Quaglino et al.; or (
6. ii)no symptoms of Candidatus Phytoplasma solani Quaglino et al. have been observed on vines in the production site over the last complete growing season; or (iii) the following conditions shall be fulfilled with regard to the presence of Candidatus Phytoplasma solani Quaglino et al.: — all vines in the stock nurseries intended for the production of initial propagating material and basic propagating material showing symptoms of Candidatus Phytoplasma solani Quaglino et al. have been rogued out; and — all vines in the stock nurseries intended for the production of certified material showing symptoms of Candidatus Phytoplasma solani Quaglino et al. have been at least excluded from propagation; and — in the case where propagating material which is intended for marketing shows symptoms of Candidatus Phytoplasma solani Quaglino et al., the entire lot of that material shall be subjected to hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Candidatus Phytoplasma solani Quaglino et al. (
7. b)Xylophilus ampelinus Willems et al. (
8. i)Vines shall be produced in areas known to be free from Xylophilus 16 [ S.L.433.15 PROPAGATION MATERIAL OF VINES ampelinus Willems et al.; or no symptoms of Xylophilus ampelinus Willems et al. have been observed on vines in the production site over the last complete growing season; or (iii) the following conditions shall be fulfilled with regard to the presence of Xylophilus ampelinus Willems et al.: (
9. ii)— all vines in the stock nurseries intended for the production of initial propagating material, basic propagating material, and certified material showing symptoms of Xylophilus ampelinus Willems et al. have been rogued out and appropriate hygiene measures shall be taken, and — vines in the production site showing symptoms of Xylophilus ampelinus Willems et al. shall be treated with a bactericide after pruning to ensure freedom from Xylophilus ampelinus Willems et al.; and — in the case where propagating material which is intended for marketing shows symptoms of Xylophilus ampelinus Willems et al., the entire lot of that material shall be subjected to hot water treatment or another appropriate treatment in accordance with protocols of EPPO, or other internationally recognised protocols to ensure freedom from Xylophilus ampelinus Willems et al. (
10. c)Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafrollassociated Virus 1 and Grapevine Leafroll-associated Virus 3 (
11. i)The following conditions shall be fulfilled with regard to the presence of Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafrollassociated Virus 3: — no symptoms of any of those viruses have been observed on vines in stock nurseries intended for the production of initial propagating material and basic propagating material; and — symptoms of those viruses have been observed on no more than 5% of vines in stock nurseries intended for the production of certified material, and those vines have been rogued out and destroyed; or (
12. ii)all vines in the stock nurseries intended for the production of initial propagating material, and initial propagating material shall be maintained in insect proof facilities to ensure freedom from Grapevine Leafroll-associated Virus 1 and Grapevine Leafrollassociated Virus 3. (
13. d)Viteus vitifoliae Fitch (
14. i)(
15. ii)Vines shall be produced in areas known to be free from Viteus vitifoliae Fitch, or vines shall be grafted on rootstocks resistant to Viteus vitifoliae Fitch, or — all vines in the stock nurseries intended for the production of initial propagating material, and all initial propagating material shall be maintained in insect proof facilities and no symptoms of Viteus vitifoliae Fitch have been observed on those vines over the last complete growing season; and — in the case where propagating material which is intended for marketing shows symptoms of Viteus vitifoliae Fitch, the entire lot of that material shall be subjected to fumigation, hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally PROPAGATION MATERIAL OF VINES [ S.L.433.15 17 recognised to ensure freedom from Viteus vitifoliae Fitch. 6. Standard material Visual inspections The official control authority shall carry out visual inspections on stock nurseries and cutting nurseries at least once per growing season for all RNQPs listed in Sections F and G. Requirements with regard to the production site, place of production or area and according to the RNQP(
16. s)concerned: (
17. a)Candidatus Phytoplasma solani Quaglino et al. (
18. i)Vines shall be produced in areas known to be free from Candidatus Phytoplasma solani Quaglino et al.; or (
19. ii)no symptoms of Candidatus Phytoplasma solani Quaglino et al. have been observed on vines in the production site over the last complete growing season; or (iii) all vines in the stock nurseries intended for the production of standard material showing symptoms of Candidatus Phytoplasma solani Quaglino et al. have been at least excluded from propagation; and — in the case where propagating material which is intended for marketing shows symptoms of Candidatus Phytoplasma solani Quaglino et al., the entire lot of that material shall be subjected to hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Candidatus Phytoplasma solani Quaglino et al. (
20. b)Xylophilus ampelinus Willems et al. (
21. i)Vines shall be produced in areas known to be free from Xylophilus ampelinus Willems et al.; or (
22. ii)no symptoms of Xylophilus ampelinus Willems et al. have been observed on vines in the production site over the last complete growing season; or (iii) the following conditions shall be fulfilled with regard to the presence of Xylophilus ampelinus Willems et al.: — all vines in the stock nurseries intended for the production of standard material showing symptoms of Xylophilus ampelinus Willems et al. have been rogued out and appropriate hygiene measures shall be taken; and — vines in the production site showing symptoms of Xylophilus ampelinus Willems et al. shall be treated with a bactericide after pruning to ensure freedom from Xylophilus ampelinus Willems et al.; and — in the case where propagating material which is intended for marketing shows symptoms of Xylophilus ampelinus Willems et al., the entire lot of that material shall be subjected to hot water treatment or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Xylophilus ampelinus Willems et al. (
23. c)Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafrollassociated Virus 1 and Grapevine Leafroll-associated Virus 3 Symptoms of all viruses (Arabis mosaic virus, Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1 and Grapevine Leafroll-associated Virus 3) have been 18 [ S.L.433.15 PROPAGATION MATERIAL OF VINES observed on no more than 10% of vines in the stock nurseries intended for the production of standard material and those vines have been eliminated from propagation. (
24. d)Viteus vitifoliae Fitch (
25. i)Vines shall be produced in areas known to be free from Viteus vitifoliae Fitch, or (
26. ii)vines shall be grafted on rootstocks resistant to Viteus vitifoliae Fitch, or: (iii) in the case where propagating material which is intended for marketing showing signs or symptoms of Viteus vitifoliae Fitch, the entire lot of that material shall be subjected to fumigation, hot water treatment, or another appropriate treatment in accordance with protocols of EPPO, or other protocols which are internationally recognised to ensure freedom from Viteus vitifoliae Fitch. Substituted by: L.N. 310 of 2006. Amended by: L.N. 383 of 2020. SCHEDULE II Conditions relating to propagation material Section A - General conditions 1. Varietal identity and purity Propagation material shall have varietal identity and purity, and if necessary clonal purity. A 1% tolerance shall be accepted at the time of the marketing of standard material. The minimum technical purity shall be 96%. The following shall be regarded as technical impurities: (
27. i)wholly or partly desiccated propagation material, even when it has been seeped in water after desiccation; (
28. ii)damaged, bent or injured propagation material, in particular when damaged by hail or frost or when crushed or broken; (iii) material not meeting the requirements under section C of this Schedule. 2. Health of propagation material Propagating material shall be practically free from any pests which reduce the usefulness and quality of the propagating material. Propagating material shall also comply with the requirements concerning Union quarantine pests and protected zone quarantine pests provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30

(1)of the said Regulation. 3. State of maturity of the wood Vine shoots shall have reached a sufficient state of maturity of the wood. Section B - Special conditions 1. Rooted grafts Rooted grafts consisting of a combination of the same category of reproduction material shall be classified in that category. The rooted grafts consisting of a combination of different categories of reproductive material shall be classified in the PROPAGATION MATERIAL OF VINES [ S.L.433.15 19 lower category of the elements of which it is composed. 2. Temporary derogation It may be decided that the provisions of point 1 above are not applied until 31st July 2010 in respect of rooted grafts consisting of initial propagation material grafted on to basic propagation material. If this is the case, the following rule is applicable: Rooted grafts consisting of initial propagation material grafted on to basic propagation material shall be classified as initial propagation material. Section C - Grading 1. Graftable rootstock cuttings, nursery cuttings and top-graft cuttings Diameter This concerns the largest diameter of the section. This standard does not apply to herbaceous cuttings: 1.1 graftable rootstock cuttings and top-graft cuttings: (

1. i)top diameter, 6.5 to 12mm; (
2. ii)maximum butt end diameter, 15mm, except if this involves top-graft cuttings intended for grafting in situ; 1.2 nursery cuttings: minimum top diameter, 3.5mm. 2. Rooted cuttings: 2.1 Diameter The diameter measured at the middle of the internode under the extension growth and along to the longest axis, shall be at least equal to 5mm. This standard is not applicable to the rooted cuttings derived from herbaceous propagation material. 2.2 Length The distance from the lowest point at which the roots emerge to the base of the extension growth, shall be not less than: 2.3 2.2.1 30cm for rooted cuttings, intended for grafting, however, for rooted cuttings intended for Sicily, this length shall be 20cm; 2.2.2 20cm for other rooted cuttings. This standard is not applicable to the rooted cuttings derived from herbaceous propagation material. Roots Each plant shall have at least three well-developed and well-spaced roots. However, the variety 420A may have only two well-developed roots, provided that they are on opposite sides. 2.4 Heel The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than 1cm below it. 3. Rooted grafts: 3.1 Length The stem shall be at least 20cm long. This standard is not applicable to the rooted grafts derived from herbaceous propagation material. [ S.L.433.15 20 3.2 PROPAGATION MATERIAL OF VINES Roots: Each plant shall have at least three well-developed and well-spaced roots. However, the variety 420A may have only two well-developed roots, provided that they are on opposite sides. 3.3 Union: Each plant shall have an adequate, regular and secure union. 3.4 Heel The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than 1cm below it. Substituted by: L.N. 310 of 2006. SCHEDULE III Packaging Composition of packages or bundles Table 1.1: Type Rooted grafts Rooted cuttings Top-graft cuttings - with at least five usable eyes - with one usable eye Graftable rootstock cuttings Nursery cuttings Number of individuals 25, 50, 100 or multiples of 100 50, 100 or multiples of 100 Maximum quantity 500 500 100 or 200 500 or a multiples of 500 100 or a multiples of 100 100 or a multiples of 100 200 5000 1000 500 Special conditions 1. Small quantities Where necessary, the size (number of individuals) of packages and bundles of all types and categories of propagation material listed in column 1 above may be smaller than the minimum quantities indicated in column 2 above. 2. Plants of vine with roots in any substrate in pots, crates and boxes The number of individuals and the maximum quantity do not apply. Substituted by: L.N. 310 of 2006. A. Label 1. Required information SCHEDULE IV Official Labelling (
3. i)“EC standards”; (
4. ii)Country of production; (iii) Authority responsible for certification or checking and Member State or their initials; (
5. iv)Name and address of the person responsible for sealing or his PROPAGATION MATERIAL OF VINES (
6. v)(
7. vi)[ S.L.433.15 21 identification number; Species; Type of material; (vii) Category; (viii) Variety and, where appropriate, the clone (for rooted grafts, this indication applies for the rootstock and the top-graft); (
8. ix)Reference number of batch; 2. (
9. x)(
10. xi)Quantity; Length (only for graftable rootstock cuttings; the minimum length of the cuttings of the batch concerned); (xii) Crop year. Minimum conditions The label shall comply with the following requirements: (
11. i)the label shall be indelibly printed and clearly legible; (
12. ii)the label shall be affixed in a conspicuous place in such a way as to be easily visible; (iii) information set out in point A

(1)shall not in any way be hidden, obscured or interrupted by other written or pictorial matter; (iv) the information set out in point A

(1)shall appear in the same field of vision. 3. Derogation as regards small quantities to the final consumer (a) More than one unit The required information for the label under point

(1)(

1. x)reads: “Exact number of units per package or bundle”. (
2. b)One unit only The following information set out in point A

(1)is not required: - 4. type of material; category; reference number of batch; quantity; length for the graftable rootstock cuttings; crop year. Derogations as regards vines in pots, crates or boxes In case of vines with roots in any substrate in pots, crates and boxes when the packages of such material cannot fulfil the requirements for sealing (including labelling) due to its composition: (

1. a)the propagation material shall be kept in separate batches appropriately identified per variety and where relevant per clone and per number of individuals; (
2. b)the official label is not compulsory; (
3. c)the propagation material shall be accompanied by the accompanying document as laid down under point B. B. Accompanying document 22 1. [ S.L.433.15 PROPAGATION MATERIAL OF VINES Conditions to be fulfilled When Member States require that an accompanying document should be delivered, the document: 2. - shall be delivered in at least two copies (consignor and recipient); - shall (recipient copy) accompany the delivery from the place of the consignor to the place of recipient; - shall indicate all information set out under the following point 2 concerning the individual batches of the delivery; - shall be preserved for at least one year and made available to the official control authority. List of information to be included (
4. i)“EC standards”; (
5. ii)Country of production; (iii) Authority responsible for certification or checking and Member State or their initials; (
6. iv)Progressive number; (
7. v)Consignor (address, registration number); (
8. vi)Recipient (address); (vii) Species; (viii) Type(
9. s)of material; (
10. ix)Category(ies); (
11. x)(
12. xi)Variety(ies) and, where appropriate, the clone(
13. s)(for rooted grafts, this indication applies for the rootstock and the top-graft); Number of individuals per batch; (xii) Total number of batches; (xiii) Date of delivery. 1. Minimum dimensions 110 X 67mm for rootstock cuttings for grafting, top-graft cuttings, nursery cuttings, rooted cuttings and rooted grafts. 2. Colour of the label It shall be white for basic material, blue for certified material and dark yellow for standard material. Substituted by: L.N. 310 of 2006. SCHEDULE V Characteristics considered in the examination for distinctness, stability and homogeneity Section A - Morphological characteristics 1. Leaf-bud formation on a growing branch 10 to 20cm long: 1.1 shape PROPAGATION MATERIAL OF VINES [ S.L.433.15 23 1.2 colour (on opening to allow observation of the anthocyanins) 1.3 pilosity. 2. Herbaceous branch at time of flowering: 2.1 transveral cross-section (shape and contour) 2.2 pilosity. 3. Ligneous shoot: 3.1 surface 3.2 merithallus. 4. Distribution of tendrils 5. Young leaves at the top on a growing branch 10 to 30cm long (first three leaves clear of the leafbud formation counted from that point): 5.1 colour 5.2 pilosity. 6. Mature leaf (situated between the 8th and the 11th node): 6.1 photograph 6.2 drawing or direct print with scale 6.3 general shape 6.4 number of foliar lobes 6.5 petiolar sinus 6.6 depth of the upper and lower lateral sinus 6.7 pilosity of the lower surface 6.8 surface 6.9 lateral serration. 7. Flower: 7.1 apparent sex. 8. Bunch of grapes at industrial maturity (as regards wine grape varieties and table grape varieties) 8.1 photograph (with scale) 8.2 shape 8.3 size 8.4 peduncle (length) 8.5 average weight in grams 8.6 picking off 8.7 compactness of bunch. 9. Berry at industrial maturity (as regards wine grape varieties and table grape varieties): 9.1 photograph (with scale) 9.2 shape 9.3 shape with indication of average weight 9.4 colour 24 [ S.L.433.15 PROPAGATION MATERIAL OF VINES 9.5 skin (as regards table grape varieties) 9.6 number of pips (as regards table grape varieties) 9.7 pulp 9.8 juice 9.9 flavour. 10. Seeds (as regards wine grape varieties and table grape varieties): 10.1 photograph of the two sides and profile (with scale). Section B - Physiological characteristics 1. Vegetative phenomena: 1.1 Establishment of phenological dates: These are established in comparison with one or more of the control varieties: 1.1.1 1.1.2 1.1.3 white grape varieties black grape varieties table grape varieties. 1.2 Date of opening: Date on which half the eyes of a normally pruned vine have burst open, showing their internal pilosity in relation to that of control varieties. 1.3 Date of full flowering: Date when for a certain number of plants, half the flowers are open compared with control varieties. 1.4 Maturity (as regards wine grape varieties and table grape varieties): In addition to the period of maturity, an indication shall be given of the density or probable degree of the must, its acidity and the corresponding yield of grapes expressed in kilograms per hectare, compared with one or more control varieties, giving if possible yields of a similar size. 2. Cultivation characteristics: 2.1 Vigour 2.2 Habit of growth (position of first fruit-bearing bud, preferred size) 2.3 Production: 2.3.1 2.3.2 2.3.3 regularity yield anomalies. 2.4 Resistance or sensitivity: 2.4.1 2.4.2 2.4.3 to unfavourable conditions to pests proneness to bursting of the grape. 2.5 Behaviour during vegetative propagation: 2.5.1 2.5.2 3. grafting propagation by cuttings. Utilisation: 3.1 wine grapes PROPAGATION MATERIAL OF VINES [ S.L.433.15 25 3.2 table grapes 3.3 as rootstocks 3.4 for industrial uses. SCHEDULE VI Minimum conditions for carrying out the growing trials on vine varieties 1. Substituted by: L.N. 310 of 2006. Ecological information: 1.1 Place 1.2 Geographical conditions: 1.2.1 1.2.2 1.2.3 1.2.4 longitude latitude altitude exposure and slope 1.3 Climatic conditions 1.4 Type of soil. 2. Technical procedure: 2.1 For wine grapes and table grapes: 2.1.1 2.1.2 2.1.3 2.1.4 twenty-four vines if possible on several different rootstocks at least 3 years of production at least two places having different ecological conditions the taking of the graft should be examined with at least three varieties of rootstocks. 2.2 For rootstock varieties: 2.2.1 2.2.2 2.2.3 2.2.4 five vines with at least two forms of growth habits five years after planting three places having different ecological conditions the taking of the graft should be examined with at least three varieties of scion. The National Certification Service may authorise any changes to this Schedule and such changes shall be reported in the catalogue.