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L.S. 433.03 Regolamenti dwar Kwarantina tal-Pjanti (Organiżmi li jagħmlu l-ħsara)

PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 SUBSIDIARY LEGISLATION 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) REGULATIONS 1st April, 2004 LEGAL NOTICE 97 of 2004, as amended by Legal Notices 477, 478, 480 of 2004, 42, 55, 307, 308, 361 of 2005, 245 of 2006, 359 of 2007, 270 of 2008, 33, 100 of 2009, 77, 119 of 2010, 19 of 2011, 99, 293, 426 of 2012, 162, 334 of 2014, 293 of 2015, 354 of 2017, 27 of 2018 and 232 of 2019. 1. The title of these regulations is the Plant Quarantine (Harmful Organisms) Regulations. Title. 2. (

  1. a)to make provision to safeguard against the introduction and spread in Malta of harmful organisms; and Scope and applicability. Substituted by: L.N.354 of 2017. (
  2. b)to transpose the following Directives, Decisions and/or their amendments: (
  3. i)Council Directive 2000/29/EC on protective measures against the introduction into the community of organisms harmful to plants and plant products and against their spread within the community and to make provision to safeguard against the introduction and spread in Malta of harmful organisms; (
  4. ii)Commission Implementing Decision 2012/535/EU of 26 September 2012 on emergency measures to prevent the spread within the Union of Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. (the pine wood nematode); (iii) Commission Implementing Decision 2012/270/EU of 16 May 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner); (
  5. iv)Commission Implementing Decision 2012/138/EU of 1 March 2012 as regards emergency measures to prevent the introduction into and the spread within the Union of Anoplophora chinensis (Forster); (
  6. v)Commission Decision 2002/757/EC of 12 September 2002 on provisional emergency phytosanitary measures to prevent the introduction into and spread within the Community of Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp.nov.; (
  7. vi)Commission Decision 2007/433/ EC of 18 June 2007 on provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg 1 2 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) & O’Donnell; (vii) Commission Implementing Decision (EU) 2016/715 of 11 May 2016 setting out measures in respect of certain fruits originating in certain third countries to prevent the introduction into and the spread within the Union of the harmful organism Phyllosticta citricarpa (McAlpine) Van der Aa; (viii) Commission Implementing Decision (EU) 2015/893 of 9 June 2015 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky); and (
  8. ix)Commission Implementing Decision 2011/787/EU of 29 November 2011 authorising Member States temporarily to take emergency measures against the dissemination of Ralstonia solanacearum (Smith) Yabuuchi et al. as regards Egypt.

(2)These regulations shall apply to any movement and introduction of plant, plant products and other objects specified in these regulations whether within or into Malta. Interpretation. Amended by: L.N. 99 of 2012; L.N. 293 of 2012; L.N.354 of 2017; L.N. 232 of
  1. Cap.
  3. In these regulations, unless the context otherwise requires: "the Act" means the Plant Quarantine Act; "accompanying document" means any document which is normally used for trade purposes; "authorisation" means any authorisation granted under these regulations and, for the purpose of Schedule VIII, it shall mean an authorisation granted for the issue of the Plant Health Movement Document (PHMD) for any consignment, importation or exportation of plants, plant products or other phytosanitary objects: Provided that such definition may be amended as the Directorate may from time to time determine; "the Commission" means the Commission of the European Community; "the Community" means the European Community; "consignment" means a quantity of goods covered by a single document required either for customs formalities on entering Malta or for other formalities for internal movement, and includes a single phytosanitary certificate and a single alternative document or mark; a consignment may comprise of one or more lots; "Customs" means the Comptroller of Customs and includes any officer or employee of his department having the authority to act on his behalf; "Directorate" means the Directorate or Department responsible for Plant Health; "export" means the export of goods to third countries; PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 "harmful organism'' means any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products; "import" means the importation into Malta of goods from third countries; "importer" means any importer from a third country; "local market" means the territory in which the possibility is foreseen of marketing plants or plant products by small producers, and which coincides with the market within Malta; "lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin, and forming part of a consignment; " M e m b e r St a t e " m e a n s a m e m b e r St a t e o f t h e E u r o p e a n Community; "movement" means the movement of plants, plant products and other objects to which these regulations apply, from one place to another within Malta or within the European Community; "plant intended for planting" means any plant which is not already planted, which is planted or which can be replanted; "plant passport" means an official label and where appropriate, an accompanying document containing the relevant information, which gives evidence that the provisions of these regulations are being complied within all respects; "protected zone" means a zone in which one or more harmful organisms are not endemic or established despite favourable conditions for them to establish themselves there, and in which there is a danger that certain harmful organisms will establish, given propitious ecological conditions, for particular crops. For the purposes of this definition, a harmful organism shall be considered to be established in an area if it is known to occur there and if either no official measures have been taken there with a view to its eradication or such measures have proved, for a period of at least two successive years, to be ineffective; "point of entry" means the place where plants, plant products or other objects are brought for the first time into the customs territory of the community: for Malta it corresponds to the Malta International Airport in the case of air transport and the Malta Freeport, Port of Marsaxlokk, Kalafrana in the case of maritime transport; "small quantities" means plants, plant products and other objects that are intended for use by the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport, provided that there is no risk of harmful organisms spreading; "transit" means the movement of goods which are subject to customs supervision from one point to another within the customs territory of the Community as referred to in Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Customs Code and as amended from time to time; "third country'' means any country or territory other than one within the European Community; 3 4 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) "wood" means, save where it is expressly provided otherwise in these regulations, wood that retains all or part of its natural round surface, with or without bark, or as it is in the form of chips, particles, sawdust, wood waste or scrap. Save for the purpose of the provisions relating to Schedule V, wood, whether satisfying the conditions referred to in the first sub-paragraph or not, is also concerned where it is in the form of dunnage, spacers, pallets or packing material which are actually in use in the transport of objects of all kinds, provided that it presents a plant health risk. PROHIBITIONS AND RESTRICTIONS Prohibition on importation and movement. Amended by: L.N. 354 of
  5. (a) No person shall introduce into Malta or move within Malta the harmful organisms or plants, plant products or other objects contaminated with the harmful organisms listed in Part A of Schedule I. (b) No person shall introduce from a third country into Malta or move within Malta the plants and plant products listed in Part A of Schedule II, where these are contaminated by harmful organisms listed in relation thereto in the said Part. (c) No person shall introduce into Malta the plants or plant products listed in Part A of Schedule III, where these originate from the country referred relative thereto in the said Part. (d) No person shall introduce into Malta or move within Malta the plants, plant products and other objects listed in Part A of Schedule IV, unless they satisfy the requirements specified in relation thereto in the said Part: Provided that this provision shall not apply to the movement of small quantities of plants, plant products and other objects, other then potatoes which (i) do not show any sign of any plant infection or infestation and there is no evident risk of harmful organism spreading, and (ii) are intended for use by the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport, and (iii) constitute of – - fruit and raw vegetables which do not exceed an aggregate weight of 0.5 kilograms; or - one bouquet of cut flowers; or - one original retail packet of seeds, that is a packet of a size normally used to sell seeds in question to consumers for non-commercial use; or - bulbs, corms, tubers or rhizomes which do not exceed an aggregate weight of 0.5 kilogram. PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 5 4A.
(1)For the purpose of this regulation, and unless the context Responsibility for execution of tasks. otherwise requires: "lawful person" means any official laboratory, university, research institute, private laboratory, professional person and any other person or body lawfully authorised by the Director to act on his behalf; "public functions" means activities and tasks covered by the Public Administration Act. Added by: L.N. 19 of 2011. Cap. 595.
(2)In these regulations, any reference made to the Director shall be construed as a reference to the Director responsible for Plant Health, and the Directorate shall be construed accordingly and shall include its Director, or any person lawfully empowered or engaged by the Director to act on his behalf.
(3)The Director may delegate any task provided for in these regulations to be accomplished under his authority and supervision to a person lawfully appointed or empowered by him to act on his behalf, provided that such person, or any other member appointed by him has no personal or conflict of interest in the outcome of any measure to be taken.
(4)The Director shall ensure that such person is under his officially approved authority and is exclusively charged with specific public functions, with the exception of laboratory testing which such person may perform even where the laboratory testing does not form part of his specific public functions.
(5)Notwithstanding sub-regulation
(4), the Director may delegate any laboratory testing provided for in these regulations to any person lawfully authorised or engaged by him who does not comply with the provisions of sub-regulation
(4).
(6)The person lawfully delegated by the Director to carry out laboratory testing shall be in conformity to the criteria established in Schedule XXIII: Provided that these criteria may be amended from time to time, as published by the Directorate. 4B.
(1)The Director is hereby authorized to provide for derogations from Article 4
(1)of Directive 2000/29/EC with regard to the prohibitions referred to in Part A, point 1 of Annex III to that Directive for plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, originating in Japan. In order to qualify for those derogations the plants shall satisfy, in addition to or by derogation of the requirements laid down in Annex I, Annex II and in Part A, Section I, point 43 of Annex IV to Directive 2000/29/EC, the conditions set out in Schedule XIV relating to Commission Decision 2002/887 of 8 November 2002.
(2)The Director shall provide the Commission and the other Member States with information on quantities imported prior to that date pursuant to the said Decision and with a detailed technical report of the examination and, or, tests carried out on these plants during the quarantine period referred to in point 10 of the said Schedule. Any Member State, other than that of importation, in which the plants are introduced, shall also provide the Commission and the other Member States with a detailed technical report of the examination and/or tests Authorisation for derogation, Commission Decision 2002/ 887. Added by: L.N. 42 of 2005. Re-numbered by: L.N. 19 of 2011. Amended by: L.N. 354 of 2017. 6 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) carried out on these plants introduced prior to that date during the quarantine period referred to in point 10 of the said Schedule.
(3)The Director shall notify the Commission and the other Member States of all cases of consignments introduced into Malta pursuant to the Commission Decision which were subsequently found not to comply with the conditions laid down herein.
(4)The territory of Malta may apply the derogations mentioned in sub-regulation
(1)to plants imported into the Community in the following periods as follows: (
  1. a)Pinus, from 1 January 2011 to 31 December 2020; (
  2. b)Chamaecyparis, from 1 January 2011 to 31 December 2020; (
  3. c)Juniperus, from 1 November to 31 March of each year until 31 December 2020. Authorisation for derogation, Commission Decision 2002/499 EC. Added by: L.N. 42 of 2005. Re-numbered by: L.N. 19 of 2011. Amended by: L.N. 354 of 2017 4C.
(1)The Director is hereby authorised to provide for derogations from Article 4
(1)of Directive 2000/29/EC, with regard to the prohibitions referred to in Part A, point 1 of Annex III to that Directive for plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, originating in the Republic of Korea. In order to qualify for these derogations, plants of Chamaecyparis Spach, Juniperus L. and Pinus L., other than fruits and seeds, shall satisfy, in addition to the requirements laid down in Annex I, Annex II and in part A, Section I, point 43 of Annex IV to Directive 2000/29/EC, the conditions set out in Schedule XV.
(2)The Director shall notify the Commission and the other Member States of all cases of consignments introduced into Malta pursuant to the said Decision which were subsequently found not to comply with the conditions laid down herein.
(3)The Director may apply the derogations mentioned in subregulation
(1)to Pinus and Chamaecyparis plants imported into the Community in the period from 1 January 2011 to 31 December 2020, and to Juniperus plants imported into the Community in the period from 1 November to 31 March of each year until 31 December
  1. Authorisation to derogate, Commission Decision 2004/95/ EC. Added by: L.N. 42 of
  2. Re-numbered by: L.N. 19 of
  3. Authorisation for derogation, Commission Decision 2004/4/ EC. Added by: L.N. 42 of
  4. Re-numbered by: L.N. 19 of
  5. Substituted by: L.N.354 of
  6. 4D. Deleted by Legal Notice 354 of
  7. 4E.
(1)The entry into Malta of tubers of Solanum tuberosum L. which originate in Egypt shall be permitted if they have been grown in areas included in the list of pest-free areas for Egypt and if the requirements laid down in Schedule XVI are complied with.
(2)The Commission shall establish whether ‘pest-free areas’ have been approved in Egypt for the import season 2003/04 in accordance with the ‘FAO International Standard for Phytosanitary Measures Part 4: Pest Surveillance - Requirements for the Establishment of Pest-Free PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 7 Areas’, in particular point 2.3 thereof, and shall compile a ‘list of approved pest-free areas’, including identification details of the fields located in the above ‘approved pest-free areas’. The Commission shall convey this list to the Committee and to the Director.
(3)The provisions of sub-regulation
(2)shall no longer apply as soon as the Commission has notified to the Member States that the sixth interception of Pseudomonas solanacearum (Smith) Smith has been confirmed in accordance with points 2 or 3 of the said Schedule, in lots of potatoes introduced into the Community pursuant to this Decision during the 2003/04 import season, and that it has been found that interceptions indicate that the method for the identification of ‘pest-free areas’ in Egypt or the procedures for official monitoring in Egypt have not been sufficient to prevent the risk of introduction of Pseudomonas solanacearum (Smith) Smith into the Community.
(4)The Director shall provide the Commission and the other Member States, with information on the amounts imported pursuant to this Decision and with a detailed technical report on the official examination referred to in point 2 of the said Schedule; copies of each plant health certificate shall be transmitted to the Commission. In cases of notification of a suspect or confirmed finding as referred to in point 4 of the said Schedule, copies of the plant health certificates and their attached documents shall be transmitted with the said notification.
(5)The Director shall adjust the measures which they have adopted with a view to protecting themselves against the introduction and spread of Pseudomonas solanacearum (Smith) Smith in such a manner that the measures comply with sub-regulations
(1),
(2)and
(3). 4F.
(1)(a)For the purposes of this regulation "susceptible wood" means wood packing comprised in whole or in part of non-manufactured wood of conifers (Coniferales), except that of Thuja L., originating in Canada, China, Japan and the United States of America in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, whether or not actually in use in the transport of objects of all kinds. (
  1. b)Susceptible wood may only be introduced into the territory of the Community if it complies with the emergency measures laid down in Schedule XVIII. (
  2. c)The provisions specified in points 1, 2 and in point 3 second indent of the Schedule XVII shall apply only to susceptible wood destined for the Community and originating in the above countries on or after 1 October 2001. The provisions specified in point 3 first indent of Schedule XVIII shall apply from the date of notification of the provisions of sub-regulation
(4).
(2)The measures laid down in Part A, Section I, point 1.3 of Annex IV to Directive 2000/29/EC shall not apply to susceptible wood which has been treated in accordance with the requirements of Schedule XVIII.
(3)When, on the basis of the monitoring provided for in point 3 of Authorisation to derogate, Commission Decision 2001/ 219/EC. Added by: L.N. 42 of 2005. Re-numbered by: L.N. 19 of 2011. 8 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) Schedule XVIII, it appears that the provisions referred to in Schedule XV have not been complied with in relation to susceptible wood, Malta shall ensure that the susceptible wood is either: (
  1. a)treated in an officially approved manner that eliminates Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al., (
  2. b)refused entry into the Community, (
  3. c)destroyed by either: (
  4. i)incineration, (
  5. ii)deep burial in sites approved by responsible official bodies referred to in Directive 2000/29/EC, or (iii) processing in an officially approved manner that eliminates Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al. All such measures shall be carried out under the official supervision of the Director.
(4)Without prejudice to the provisions of Commission Directive 94/3/EC, if Malta imports susceptible wood, the Director shall provide the Commission and the other Member States, with a detailed technical report on the results of the monitoring it has undertaken pursuant to point 3 of the said Schedule.
(5)Member States shall adjust the measures which they have adopted with a view to protecting themselves against the introduction and the spread of Bursaphelencus xylophilus (Steiner et Buhrer) Nickle et al. in such a manner that the measures comply with sub-regulations
(1),
(2)and
(3), and shall forthwith inform the Commission of the adjusted measures. Authorisation to derogate, Commission Decision 2001/ 218/EC as amended by 2003/ 127/EC. Added by: L.N. 42 of 2005. Re-numbered by: L.N. 19 of 2011. 4G.
(1)In this regulation: (
  1. a)"the pine wood nematode (PWN)" means Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et al., (
  2. b)"susceptible wood and bark" means wood and isolated bark of conifers (Coniferales), except that of Thuja L.; (
  3. c)"susceptible plants" means plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.
(2)The Director may (
  1. a)subject consignments of susceptible wood, and bark and of susceptible plants coming from demarcated areas in Portugal and moved into Malta to testing for the presence of PWN; (
  2. b)take further appropriate steps to carry out official monitoring in respect of such consignments, to ascertain whether they comply with the relevant conditions specified in Schedule XIX.
(3)Malta shall conduct official annual surveys for PWN, on PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 9 susceptible wood and bark and susceptible plants originating in their country, to determine whether there is any evidence of infestation by PWN. Without prejudice to the provisions of Article 16
(1)of Directive 2000/29/EC where the results of the surveys provided for in the first paragraph indicate the occurrence of the PWN in areas where it was previously unknown, the results of such surveys shall be notified to the other Member States and the Commission by 15 November 2003 and 15 November 2004 respectively.
(4)The Commission shall compile a list of areas in which PWN is known not to occur and convey such a list to the Standing Committee on Plant Health and to the Member States. Any areas in Portugal not comprised in the above compiled list, shall be deemed to be demarcated areas. The list of the areas referred to in the first sentence of the second paragraph shall be adjusted by the Commission according to the results of the survey referred to in the second paragraph of Article 4 and to the findings notified under Article 16
(1)of Directive 2000/29/EC. 4H.
(1)For the purposes of this regulation, the following definitions shall apply: "the harmful organism" means Phytophthora ramorum Werres, De Cock & Man in ‘t Veld sp. Nov.; "susceptible bark" means isolated bark of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt."; "susceptible plants" means plants, other than fruit and seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica (Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch., Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (l.) Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L., Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.) Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul), Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D. Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera hispidula (Lindl.) Dougl. Ex Torr.&Gray, Magnolia spp. L., Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume, Osmanthus heterphyllus (G. Don) P. S. Green, Parrotia persica (DC) C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L., other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt., Salix caprea L., Sequoia sempervirens (Lamb. Ex D.Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook), Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum Pursch and Viburnum spp. L.; "susceptible wood" means wood of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.
(2)The introduction into the Community and spread within the Community of non-European isolates of the harmful organism shall be banned.
(3)(
  1. a)(
  2. i)susceptible plants and susceptible wood may only be Authorisation to derogate, Commission Decision 2002/ 757/EC. Added by: L.N. 42 of 2005. Re-numbered by: L.N. 19 of 2011. Substituted by: L.N.354 of 2017. 10 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) introduced into Malta if they comply with the emergency phytosanitary measures laid down in items 1(
  3. a)and 2 of Annex I of Commission Implementing Decision 2002/ 757/EC as amended, if the formalities referred to in Regulation 19 are completed and if, as a result of those formalities in respect of the presence of non-European isolates of the harmful organism, susceptible plants and susceptible wood are found free from the harmful organism; (
  4. ii)by way of derogation from sub-paragraph
(3)(a)(i), until 31 December 2026 bark-free sawn wood of Quercus spp. L. originating in the United States of America may be introduced into the Union without complying with item 2 of Annex I of Commission Implementing Decision 2002/ 757/EC as amended, provided that it complies with the conditions set out in Annex II of the same mentioned Decision; (
  1. b)the provisions specified in items 1(
  2. a)and 2 of Annex I of Commission Implementing Decision 2002/757/ EC as amended, shall apply only to susceptible plants and susceptible wood originating in the United States of America destined for the Community and leaving on or after 1 November 2002; (
  3. c)the measures laid down in Part A, Section I
(3)of Schedule IV as regards wood of Quercus L., including wood which has not kept its natural round surface, originating in the United States of America, shall not apply to susceptible wood of Quercus L. which satisfies the requirements of item 2(
  1. b)of Annex I of Commission Implementing Decision 2002/757/EC as amended; (
  2. d)as of 1 November 2002 plants intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch, other than seeds, originating in third countries, other than the United States of America, introduced into the Community may only be moved in the Community if they are accompanied by a plant passport prepared and issued in accordance with to Regulation 10.
(4)Susceptible bark originating in the United States of America shall not be permitted entry in the Community.
(5)(
  1. a)plants intended for planting of Viburnum spp., Camellia spp. and Rhododendron spp., other than Rhododendron simsii Planch, other than seeds, originating in the Community may not be moved within the Community unless they meet the conditions laid down in item 3 of Schedule XXVIII. The producers of these plants shall be registered in accordance with the provisions laid down in regulation 6. (
  2. b)registered producers shall notify the Directorate of every suspected occurrence or confirmed presence of the PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 11 harmful organism on the place of production.
(6)The Director may take appropriate measures to carry out official monitoring of movements of susceptible plants to ascertain whether they comply with the conditions set out in this regulation and Commission Implementing Decision 2002/757/ EC as amended. 4I.
(1)The introduction into and movement within Malta of seeds of tomato, Lycopersicon lycopersicum (L.) Karsten ex Farw., contaminated by Pepino mosaic virus shall be prohibited.
(2)Seeds of tomato originating in third countries may only be imported into Malta if they meet the conditions laid down in point 1 of Schedule XX. They shall be inspected, and tested when appropriate, on entry into the Community for the presence of Pepino mosaic virus, in accordance with Article 13
(1)(i) of Directive 2000/29/EC, mutatis mutandis. Authorisation to derogate, Commission Decision 2004/ 200/EC. Added by: L.N. 42 of 2005. Re-numbered by: L.N. 19 of 2011.
(3)(
  1. a)Seeds of tomato, originating in the Community, may only be moved within the Community if they meet the conditions laid down in point 2 of the Schedule. (
  2. b)Paragraph (
  3. a)shall not apply to movement of seeds intended for sale to final consumers not involved in professional plant production, provided that the packaging of the seeds or other indications clearly show that they are intended for sale to such consumer.
(4)The Director shall conduct official surveys on premises involved in the production of tomato plants and tomato fruits, for the presence of Pepino mosaic virus. Without prejudice to respectively Article 16
(2)and 13c
(8)of Directive 2000/29/EC, the results of the surveys provided for in the first paragraph and the results of the inspections and tests provided for in sub-regulation
(2)shall be notified to the Commission. 4J.
(1)This regulation lays down measures in respect of certain fruits originating in Argentina, Brazil, South Africa and Uruguay to prevent the introduction into and the spread within Malta of Phyllosticta citricarpa.
(2)For the purposes of this regulation, the following definitions shall apply; (
  1. a)"Phyllosticta citricarpa" means Phyllosticta citricarpa (McAlpine) Van der Aa, also named Guignardia citricarpa Kiely under Directive 2000/29/EC; and (
  2. b)"specified fruits" means fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruits of Citrus aurantium L. and Citrus latifolia Tanaka.
(3)By way of derogation from point 16.4(
  1. c)and (
  2. d)of Section I of Part A of Schedule IV specified fruits originating in Argentina, Brazil, South Africa or Uruguay, other than fruits destined exclusively for industrial processing into juice, shall be introduced into Malta in accordance with sub-regulations
(4)to
(8). Measures issued in terms of Commission Implementing Decision (EU) 2016/
  1. Added by: L.N. 42 of
  2. Re-numbered by: L.N. 19 of 2011; L.N. 354 of
  3. Substituted by: L.N. 232 of
  4. 12 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) This sub-regulation shall apply without prejudice to the requirements laid down in points 16.1, 16.2, 16.3, 16.5 and 16.6 of Section I of Part A of Schedule IV.
(4)Specified fruits originating in Brazil shall only be introduced into Malta if they are accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii), officially stating under the heading ‘Additional declaration’ that no symptoms of Phyllosticta citricarpa have been observed in the place of production since the beginning of the last cycle of vegetation, and that none of the fruits harvested in the place of production has shown, in an appropriate official examination, symptoms of that harmful organism.
(5)Specified fruits originating in South Africa and Uruguay shall be accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii), including under the heading ‘Additional declaration’ the following elements: (
  1. a)a statement that the specified fruits originate in a field of production which has been subjected to treatments against Phyllosticta citricarpa carried out at the appropriate time since the beginning of the last cycle of vegetation; (
  2. b)a statement that an appropriate official inspection has been carried out in the field of production during the growing season, and no symptoms of Phyllosticta citricarpa have been detected in the specified fruit since the beginning of the last cycle of vegetation; (
  3. c)a statement that a sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per 30 tonnes, or part thereof, selected as much as possible on the basis of any possible symptom of Phyllosticta citricarpa, and all sampled fruits showing symptoms have been tested and found free of that harmful organism; (
  4. d)in the case of Citrus sinensis (L.) Osbeck ‘Valencia’, in addition to the statements referred to in paragraphs (a), (
  5. b)and (c): a statement that a sample per 30 tonnes, or part thereof, has been tested for latent infection and found free of Phyllosticta citricarpa.
(6)Specified fruits originating in Argentina shall be accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii), including under the heading ‘Additional declaration" the following elements: (
  1. a)a statement that the specified fruits originate in a field of production which has been subjected to treatments against Phyllosticta citricarpa carried out at the appropriate time since the beginning of the last cycle of vegetation; PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 (
  2. b)a statement that an appropriate official inspection has been carried out in the field of production during the growing season, and no symptoms of Phyllosticta citricarpa have been detected in the specified fruit since the beginning of the last cycle of vegetation; (
  3. c)a statement that a sample has been taken along the line between arrival and packaging in the packing facilities of at least 600 fruits of each species per 30 tonnes, or part thereof, selected as much as possible on the basis of any possible symptom of Phyllosticta citricarpa, and all sampled fruits showing symptoms have been tested and found free of that harmful organism.
(7)(
  1. a)Specified fruits originating in Argentina, South Africa and Uruguay shall be visually inspected at the point of entry or at the place of destination established in accordance with Commission Directive 2004/103/EC. Those inspections shall be carried out on samples of at least 200 fruits of each species of the specified fruits by batch of 30 tonnes, or part thereof, selected on the basis of any possible symptom of Phyllosticta citricarpa. (
  2. b)If symptoms of Phyllosticta citricarpa are detected during the inspections referred to in paragraph (a), the presence of that harmful organism shall be confirmed or refuted by testing of the fruits showing symptoms. (
  3. c)If the presence of Phyllosticta citricarpa is confirmed, the batch from which the sample has been taken shall be subjected to refusal of entry into Malta.
(8)For traceability purposes, the specified fruits shall be introduced into Malta only if they fulfil the following conditions: (
  1. a)the field of production, the packing facilities, exporters and any other operator involved in the handling of the specified fruits have been officially registered for that purpose; (
  2. b)throughout their movement, from the field of production to the point of entry to Malta, the specified fruits have been accompanied by documents issued under the supervision of the Directorate; (
  3. c)in the case of the specified fruits originating in Argentina, South Africa and Uruguay, in addition to paragraphs (
  4. a)and (b), detailed information on the pre- and post-harvest treatments has been kept.
(9)By way of derogation from point 16.4(e) of Section I of Part A of Schedule IV to Directive 2000/29/EC, specified fruits originating in Argentina, Brazil, South Africa or Uruguay, destined exclusively for industrial processing into juice, shall only be introduced into, and moved within, Malta in accordance with subregulations 10 to 18. 13 14 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) This shall apply without prejudice to the requirements laid down in points 16.1, 16.2, 16.3, 16.5 and 16.6 of Section I of Part A of Schedule IV.
(10)(
  1. a)The specified fruits shall be accompanied by a phytosanitary certificate, as referred to in regulation 15(b)(ii). The phytosanitary certificate shall include the following elements under the heading ‘Additional Declaration’: (
  2. i)a statement that the specified fruits originate in a field of production subjected to appropriate treatments against Phyllosticta citricarpa carried out at the appropriate time; (
  3. ii)a statement that an appropriate official visual inspection has been carried out during packaging and no symptoms of Phyllosticta citricarpa have been detected in the specified fruits harvested in the field of production in that inspection; (iii) the words "Fruit destined exclusively for industrial processing into juice". (
  4. b)The phytosanitary certificate shall include the identification numbers of the containers and the unique numbers of the labels on the individual packages.
(11)For traceability purposes, the specified fruits shall only be introduced into Malta if they originate in an officially registered place of production, and there has been an official registration of the movement of those fruits from the place of production to the point of export into Malta. The registered production unit code shall be mentioned on the phytosanitary certificate referred to in regulation 15(b)(ii)under the heading "Additional declaration".
(12)(
  1. a)The specified fruits shall be introduced through points of entry, designated by the Directorate. (
  2. b)The Directorate shall notify the designated points of entry and the name and address of the official body of each point of entry sufficiently in advance to the other Member States, the Commission and the third countries concerned.
(13)(
  1. a)The specified fruits shall be visually inspected by the Directorate at the point of entry. (
  2. b)If symptoms of Phyllosticta citricarpa are detected during the inspections, the presence of that harmful organism shall be confirmed or refuted by testing. If the presence of the harmful organism is confirmed, the batch from which the sample has been taken shall be subjected to refusal of entry into Malta. PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 15 4K.
(1)It is hereby declared that the following third countries are Third countries recognised as being free of all strains of Xanthomonas campestris and other areas. Added by: pathogenic to Citrus: L.N. 42 of 2005. (
  1. a)all citrus-growing countries in the Euro-Mediterranean region, including Europe, Algeria, Egypt, Israel, Libya, Morocco, Tunisia and Turkey, - in Africa: South Africa, Gambia, Ghana, Guinea, Kenya, Sudan, Swaziland and Zimbabwe, (
  2. b)in Central and South America and the Caribbean: the Bahamas, Belize, Chile, Colombia, Costa Rica, Cuba, Ecuador, Honduras, Jamaica, Mexico, Nicaragua, Peru, the Dominican Republic, Saint Lucia, El Salvador, Surinam and Venezuela.
(2)The following areas are recognised as being free of all strains of Xanthomonas campestris pathogenic to Citrus: (
  1. a)in Australia: New South Wales, Queensland, South Australia and Victoria, (
  2. b)all areas of Brazil, with the exception of the States of Rio Grande do Sul, Santa Catarina, Paranà, São Paulo, Minas Gerais and Mato Grosso do Sul, (
  3. c)in the United States of America: Arizona, California, Guam, Hawaii, Louisiana, Northern Mariana Islands, Puerto Rico, American Samoa, Texas and the United States Virgin Islands, (
  4. d)all areas of Uruguay, with the exception of the Departments Salto, Rivera and Paysandu - north of River Chapicuy.
(3)The following third countries are recognised as being free of Cercospora angolensis Carv. et Mendes: (
  1. a)all citrus-growing third countries in North, Central and South America, the Caribbean, Asia (with the exception of Yemen), Europe and Oceania, (
  2. b)all citrus-growing third countries in Africa, with the exception of Angola, Cameroon, Central African Republic, Democratic Republic of Congo, Gabon, Guinea, Kenya, Mozambique, Nigeria, Uganda, Zambia and Zimbabwe.
(4)The following third countries are recognised as being free of all strains of Guignardia citricarpa Kiely pathogenic to Citrus: (
  1. a)all citrus-growing third countries in North, Central and South America (with the exception of Argentina and Brazil), the Caribbean and Europe, (
  2. b)all citrus-growing third countries in Asia, with the exception of Bhutan, China, Indonesia, Philippines and Taiwan, (
  3. c)all citrus-growing third countries in Africa, with the exception of South Africa, Kenya, Mozambique, Swaziland, Zambia and Zimbabwe, Re-numbered by: L.N. 19 of 2011; L.N. 354 of 2017. 16 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) (
  4. d)all citrus-growing third countries in Oceania, with the exception of Australia, New Zealand and Vanuatu.
(5)The following areas are recognised as being free of all strains of Guignardia citricarpa Kiely pathogenic to Citrus: (
  1. a)in South Africa: Western Cape, (
  2. b)in Australia: South Australia, Western Australia and Northern Territory, (
  3. c)in China: all areas with the exception of Sichuan, Yunnan, Guangdong, Fujian and Zhejiang, (
  4. d)in Brazil: all areas with the exception of the States of Rio de Janeiro, São Paulo and Rio Grande do Sul. Emergency Measures issued in terms of Commission Implementing Decision 2012/ 535/EU. Added by: L.N.354 of 2017. Substituted by: L.N. 232 of 2019. 4L.
(1)For the purpose of this regulation: "susceptible bark" means bark of conifers (Coniferales); "susceptible plants" means plants (other than fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L., Pseudotsuga Carr. And Tsuga Carr.; "susceptible wood" means wood of conifers (Coniferales), which falls under one of the following points: (
  1. a)wood within the meaning of these regulations; (
  2. b)wood which has not retained its round surface; (
  3. c)wood in the form of beehives and bird nesting boxes, susceptible wood does not mean sawn wood and logs of Taxus L. and Thuja L., and wood which has undergone processing eliminating the risk of hosting the pinewood nematode (PWN); "pinewood nematode (PWN)" means the harmful organism Bursaphelenchus xylophilus; "flight season of the vector Monochamus" means the period from 1st April to 31st October, except where there is technical-scientific justification for a different duration of the flight season of the vector, taking into account a safety margin of four additional weeks at the beginning and at the end of the expected flight season; "vector" means beetles belonging to the genus Monochamus Megerle in Dejean, 1821; "wood packaging material" means wood or wood products used in supporting, protecting or carrying a commodity, in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars and dunnage, whether or not actually in use in the transport of objects. Processed wood produced by glue, heat or pressure or a combination thereof and packaging material entirely composed of wood of 6mm of thickness or less are excluded. PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03
(2)The following are the conditions for movement of susceptible plants and susceptible wood and bark within the Union: (
  1. a)susceptible plants and susceptible wood and bark shall only be moved from demarcated areas into areas other than demarcated areas and from infested zones into buffer zones, if the conditions, as set out in Section 1 of Schedule VII are fulfilled; (
  2. b)susceptible plants and susceptible wood and bark shall only be moved within infested zones subject to eradication measures if the conditions, as set out in Section 2 of Schedule VII fulfilled; (
  3. c)the Director may restrict the movement of susceptible plants and susceptible wood and bark within infested zones subject to containment measures.
(3)(a)The Directorate shall carry out frequent random checks on susceptible plants and susceptible wood and bark being moved from demarcated areas situated in Malta to areas other than demarcated areas and from infested zones situated in Malta to buffer zones. (
  1. b)When deciding in a specific case where to carry out the checks, inspectors shall base their decision on the risk that the plants or wood and bark to be checked carry live PWN, taking into account the provenance of the consignments, the degree of susceptibility of the plants and wood and bark concerned, and past compliance with this regulation and Decision 2006/ 133/EC by the operator responsible for the movement. (
  2. c)Checks of the susceptible plants and the susceptible wood and bark shall be carried out in the following places: (
  3. i)at the points where they are moved from infested zones into buffer zones; (
  4. ii)at the points where they are moved from buffer zones into non-demarcated areas; (iii) at their place of destination in the buffer zone; and (
  5. iv)at their place of origin in the infested zone, such as sawmills, from which they are moved out of the infested zone: (
  6. d)The Directorate may decide to carry out checks additionally in other places than those referred to in paragraphs (
  7. a)to (d). These checks shall include a documentary check as regards the requirements laid down in Section 1 of Schedule VII, an identity check and, in the case of non-compliance or a suspicion of non-compliance with those requirements, a plant heath check which includes testing for the presence of PWN.
(4)The Directorate shall carry out random checks on the susceptible plants and susceptible wood and bark being moved from demarcated areas situated outside Malta into areas in Malta 17 18 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) other than demarcated areas. These checks shall include a documentary check as regards the requirements laid down in Section 1 of Schedule VII, an identity check and a plant health check which includes testing for the presence of PWN.
(5)The Directorate shall, by 30 April of each year, communicate to the other Member States and the Commission the time and results of the checks referred to in sub-regulations
(3)and
(4)carried out during the preceding year. Where those checks show that PWN is present in susceptible plants or susceptible wood or bark, the Director shall immediately notify the Commission and the other Member States of the finding.
(6)Where the checks referred to in sub- regulations
(3),
(4)and
(5)show that Section 1 or 2 of Schedule VII is not complied with, the Directorate shall immediately subject the non-compliant material to one of the following measures: (
  1. a)destruction; (
  2. b)movement under official supervision to a treatment facility specifically authorised for this purpose, where it is subjected to a heat treatment to achieve a minimum temperature of 56˚C for at least 30 minutes throughout the susceptible wood and bark ensuring freedom from live PWN and live vectors; (
  3. c)where the non-compliant material consists of wood packaging material actually in use in the transport of objects, and without prejudice to Schedule VII, return under official supervision to the place of dispatch, or a location nearby the location of interception, for repackaging of those objects and destruction of that wood packaging material, while avoiding any risk of spreading PWN.
(7)(
  1. a)in the case where a demarcated area is established in the Maltese Islands, the Director shall authorise treatment facilities adequately equipped to carry out one or more of the following tasks, as set out in Schedule VII: (
  2. i)treatment of susceptible wood and bark, as set out in point 2(
  3. a)of Section 1 of Schedule VII point (
  4. c)of the first sub-paragraph of point 2 of Section 2 of that Schedule; (
  5. ii)issuing of plant passports referred to in regulation 10 for susceptible wood and bark treated by the treatment facility concerned in accordance with sub-paragraph (i), as set out in point 2(
  6. b)of Section 1 of Schedule VII and point (
  7. b)of the second sub-paragraph of item 2 of Section 2 of that Schedule; (iii) treatment of wood packaging material, as set out in point 3(
  8. a)of Section 1 of Schedule VII and point 3 of Section 2 of that Schedule; and PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 (
  9. iv)marking in accordance with Annex II to the FAO International Standard for Phytosanitary Measures No 15, as set out in points 2(
  10. b)and 3(
  11. b)of Section 1 of Schedule VII and point 3 of Section 2 of that Schedule, of beehives, bird nesting boxes and wood packaging material treated by the treatment facility concerned in accordance with, respectively, sub-paragraphs (
  12. i)and (iii). Those facilities are referred to hereinafter as "authorised treatment facilities". (
  13. b)authorised treatment facilities shall ensure the traceability of the treated susceptible wood, bark and wood packaging material.
(8)(
  1. a)in the case where a demarcated area is established in the Maltese Islands, the Director shall authorise producers of wood packaging material, beehives and bird nesting boxes adequately equipped to mark, in accordance with Annex II to the FAO International Standard for Phytosanitary Measures No 15, the wood packaging material, beehives and bird nesting boxes they assemble f r o m w o o d t r e a t e d b y a n au t h o r i s e d t r e a t m e n t f a c i l i t y an d accompanied by the plant passport referred to in regulation 10 to these regulations. Those products are referred to hereinafter in this regulation as "authorised wood packaging material producers"; (
  2. b)authorised wood packaging material producers shall exclusively use wood from treatment facilities specifically authorised for this purpose and accompanied by the plant passport referred to in regulation 10 for the production of wood packaging material and shall ensure that the wood used for that purpose can be traced back to those treatment facilities.
(9)(
  1. a)The Directorate shall supervise the authorised treatment facilities and the authorised wood packaging material producers to ensure that they correctly perform their tasks, as set out in their authorisation. (
  2. b)The Director shall ensure that that supervision is carried out by technically qualified personnel under the responsibility of the Directorate or by any other technically qualified persons acting under the supervision of the Directorate.
(10)(
  1. a)Where the Directorate becomes aware of the presence of PWN in susceptible wood, bark or wood packaging material treated by an authorised treatment facility, it shall immediately withdraw that authorisation. Where the Directorate becomes aware of the presence of PWN in susceptible wood packaging material marked by an authorised wood packaging material producer, it shall 19 20 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) immediately withdraw that authorisation. (
  2. b)Without prejudice to sub-regulation
(1), where the Directorate becomes aware of he fact that an authorised treatment facility or an authorised wood packaging material producer does not correctly perform its tasks, as set out in its authorisation, it shall take the necessary measures to ensure that sub-regulations
(7)and
(8)are complied with.
(11)(a) The Directorate shall inform the Commission when a treatment facility is authorised in accordance with sub-regulation
(7)or a wood packaging material producer in accordance with subregulation
(8)and when they withdraw such an authorisation. (b) Emergency measures issued in terms of Commission Implementing Decision 2012/ 270/EU. Substituted by: L.N. 232 of 2019. The Commission shall establish a list of the authorised treatment facilities and authorised wood packaging material producers and shall transmit that list to the Member States. Part A of that list shall set out the authorised treatment facilities. Part B of that list shall set out the authorised wood packaging material producers. That list shall be updated on the basis of the information received from the Member States. 4M.
(1)(
  1. a)For the purpose of this regulation, "the specified organisms" means Epitrix cucumeris (Harris), Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner). (
  2. b)the specified organisms shall not be introduced into or spread within Malta.
(2)Tubers of Solanum tuberosum L., including those intended for planting, hereinafterreferred to as "potato tubers", originating in third countries where one or more of the specified organisms are known to be present may only be introduced into the Union if they comply with the specific import requirements, as set out in point
(1)of Schedule XXVII (b) on entry into the Union potato tubers shall be inspected by the inspectors of the Directorate in accordance with point
(5)of Schedule XXVII.
(3)(a) potato tubers originating in demarcated areas within the Union established in accordance with Article 5 of Commission Implementing Decision 2012/270/EU as amended, packed within those areas or at the facilities referred to in sub-regulation
(5), may be moved within the Union only if they meet the conditions, as set out in point
(1)of Section 2 of Schedule XXVII; (b) potato tubers originating in a demarcated area, may be moved from that demarcated area to a packing facility fulfilling the requirements of sub-regulation
(5)which is in the vicinity of that demarcated area provided that the conditions set out in point
(2)of Section 2 of Schedule XXVII are fulfilled. Potato tubers may be stored at that facility; (
  1. c)in the case of paragraph (b), the Directorate shall carry out the following actions: [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) (
  2. i)intensive monitoring for the presence of the specified organisms and of the signs of infestation by those organisms on potato tubers, through appropriate inspections on potato plants and, where appropriate, other host plants, including fields where those plants are growing, within at least a radius of 100 m of the packing facility; and (
  3. ii)activities to raise public awareness concerning the threat of the specified organisms and the measures adopted to prevent its introduction into and spread within the Union in the vicinity of the packing facility; (
  4. d)potato tubers introduced into the Union in accordance with sub-regulation
(2)from third countries where one or more of the specified organisms are known to be present, may be moved within the Union only if they meet the conditions, as set out in point
(3)of Section
(2)of Schedule XXVII.
(4)The Directorate shall ensure that: (
  1. a)any vehicle and packaging having been used to transport the potato tubers originating in a demarcated area prior to fulfilment of point 1(
  2. b)of Section 2 of Schedule XXVII is decontaminated and cleaned in an appropriate manner in the following cases: (
  3. i)before they demarcated area; and are moved outside the (
  4. ii)before they leave a packing facility, as referred to in sub-regulation
(3)(b). (b) machinery used to handle the potato tubers referred to in sub-regulation
(1)in a packing facility referred to in sub-regulation
(3)(
  1. b)is decontaminated and cleaned in an appropriate manner after each use. (
  2. c)the waste soil, or other waste material, resulting from the fulfilment of the requirements of sub-regulation
(3)and sub-regulations
(4)
(1)(a) and
(4)
(1)(b) is disposed of in such a manner to ensure that the specified organisms cannot establish or spread outside a demarcated area.
(5)Packing facilities located outside the demarcated areas concerned and handling potato tubers originating in such areas, as referred to in sub-regulation
(3)
(1), shall fulfil the following requirements: (
  1. a)they are authorised by the Directorate to pack potato tubers originating in a demarcated area; and (
  2. b)they keep, for one year from the time of arrival of the potato tubers at that facility, records of the potato tubers handled which originate in demarcated areas. 21 22 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS)
(6)
(1)The Directorate shall conduct annual official surveys for the presence of the specified organisms and the signs of infestation by those organisms on potato tubers and, where appropriate, other host plants, including fields where potato tubers are growing, in their territory. The Directorate shall notify the results of those surveys to the Commission and the other Member States by 30th April of each year.
(2)Any presence or suspected occurrence of a specified organism, or of the signs of infestation by that organism on potato tubers, shall immediately be notified to the Directorate. Emergency Measures issued in terms of Commission Implementing Decision 2012/ 138/EU, amended by Commission Implementing Decision 2014/ 356/EU. 4N.
(1)For the purpose of this regulation the following definitions shall apply: "place of production" means the place of production as defined in the FAO International Standard for Phytosanitary Measures (hereinafter "ISPM") No 5; "specified organism" means Anoplophora chinensis (Forster); "specified plants" means plants for planting that have a stem or root collar diameter of 1 cm or more at their thickest point, other than seeds, of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmus spp..
(2)As regards imports originating in third countries where the specified organism is known to be present, other than China, specified plants may only be introduced into the Union if they fulfil the following conditions: (
  1. a)they comply with the specific import requirements, as set out in item 1 of Section 1A of Annex I to Commission Implementing Decision 2012/138/EU; and (
  2. b)on entry into the Union they are inspected by an Inspector of the Directorate in accordance with item 2 of Section 1(A) of Annex I to Commission Implementing Decision 2012/ 138/EU for the presence of the specified organism, and no signs of that organism have been found.
(3)As regards imports originating in China, specified plants may only be introduced into the Union if they fulfil the following conditions: (
  1. a)they comply with the specific import requirements as set out in item 1 of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU; (
  2. b)on entry into the Union they are inspected by an inspector of the Directorate in accordance with item 2 of Section 1(B) of Annex I to Commission Implementing Decision 2012/ 138/EU for the presence of the specified organism, and no signs of that organism have been found; and (
  3. c)the place of production of those plants: PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 (
  4. i)is designated by a unique registration number assigned by the national plant protection organisation of China; (
  5. ii)is included in the most recent version of the register communicated by the Commission to the Member State in accordance with sub-regulation
(5); (iii) has not, within the previous two years, been the subject of a communication by the Commission to the Member States of the removal from the register in accordance with sub-regulation
(5); and (iv) has not, within the previous two years, been the subject of a communication by the Commission to the Member States as referred to in sub-regulation
(6)and
(7).
(4)The Commission shall communicate to the Member States the register of places of production in China which its national plant protection organisation has established as in compliance with item 1(
  1. b)of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU: Provided that where that organisation updates the register by removing a place of production either because that organisation has found that that place of production no longer complies with item 1(
  2. b)of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU or because the Commission has informed China of evidence of the presence of the specified organism at import of specified plants from that place of production, and China makes the updated version of the register available to the Commission, the Commission shall communicate the updated version of the register to the Member States: Provided further that where that organisation updates the register by including a place of production because that organisation has found that that place of production complies with item 1(
  3. b)of Section 1 (B) of Annex I to Commission Implementing Decision 2012/ 138/EU and China makes the updated version of the register available to the Commission as well as the necessary explanatory information, the Commission shall communicate that updated version and, where appropriate, that explanatory information to the Member States: Provided further that through internet based information pages, the Commission shall make the register and its updates available to the public.
(5)Where during an inspection at a registered place of production, as set out in sub-paragraphs (ii), (iii) and (
  1. iv)of item 1(
  2. b)of Section 1 (B) of Annex I to Commission Implementing Decision 2012/138/EU, the Chinese plant protection organisation finds evidence of the presence of the specified organism and the Commission is notified of that finding by China, the Commission shall immediately communicate that finding to the Member States: Provided that through internet based information pages, the Commission shall also make this information available to the public.
(6)Where the Commission has evidence from sources other than 23 24 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) those referred to in sub-regulations
(4)and
(5)that a place of production listed in the register does not comply with item 1(b) of Section 1(B) of Annex I to Commission Implementing Decision 2012/138/EU or that the specified organism has been found on specified plants imported from such a place of production, it shall communicate the information concerning that place of production to the Member States: Provided that through internet based information pages, the Commission shall also make this information available to the public.
(7)Specified plants originating in demarcated areas within the Union established in accordance with Article 6 of Commission Implementing Decision 2012/ 138/EU may be moved within the Union only if they meet the conditions set out in item 1 of Section 2 of Annex I to Commission Implementing Decision 2012/ 138/EU: Provided that specified plants which have not been grown in demarcated areas but are introduced into such areas may be moved within the Union only if they meet the conditions set out in item 2 of Section 2 of Annex I to Commission Implementing Decision 2012/138/ EU: Provided further that specified plants imported in accordance with sub-regulation
(2)and
(3)from third countries where the specified organism is known to be present may be moved within the Union only if they meet the conditions set out in item 3 of Section 2 of Annex I to Commission Implementing Decision 2012/138/EU. Measures issued in terms of Decision (EU) 2015/893 of 9 June 2015 as regards measures to prevent the introduction into and the spread within the Union of Anoplophora glabripennis (Motschulsky) (notified under document C
(2015)3772). 4O.
(1)For the purpose of this regulation, the following definitions shall apply: "host plants" means plants belonging to species listed in Annex I to Commission Implementing Decision (EU) 2015/893; "place of production" means the place of production as defined in the FAO International Standard for Phytosanitary Measures (hereinafter "ISPM") No 5; "specified organism" means Anoplophora glabripennis (Motschulsky); "specified plants" means plants for planting that have a stem diameter of 1 cm or more at their thickest point, other than seeds, of Acer spp., Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp., Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp.; "specified wood" means wood, obtained in whole or in part of the specified plants, which fulfils all of the following points: (
  1. a)it is wood within the meaning of these regulations, other than wood packaging material including wood that has not retained its natural round surface; and (
  2. b)it is listed among the following descriptions laid down in Annex I, Part Two to Council Regulation (EEC) No 2658/ 87, as it stood on 1 January 2015: CN code Description PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 4401 10 00 Fuel wood, in logs, in billets in twigs, in faggots or in similar forms 4401 22 00 Non-coniferous wood, in chips or particles ex 4401 39 80 Other wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms 4403 10 00 Wood in the rough, treated with paint, stains, creosote or other preservatives, whether or not stripped of bark or sapwood, or roughly squared 4403 92 Wood of beech (Fagus spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared ex 4403 99Non-coniferous wood (other than, beech (Fagus spp.), poplar (Populus spp.) or birch (Betula spp.)), in the rough, whether or not stripped of bark or sapwood, or roughly squared 4403 99 10 Wood of poplar (Populus spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared 4403 99 51 Sawlogs of birch (Betula spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared 4403 99 59 Wood of birch (Betula spp.) in the rough, whether or not stripped of bark or sapwood, or roughly squared, other than sawlogs ex 4404 20 00 Non-coniferous split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise 4406 Railway or tramway sleepers (cross-ties) of wood 4407 92 00 Wood of beech (Fagus spp.) sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or endjointed, of a thickness exceeding 6 mm 4407 93 Wood of maple (Acer spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or endjointed, of a thickness exceeding 6 mm 4407 95 Wood of ash (Fraxinus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or endjointed, of a thickness exceeding 6 mm 25 26 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) ex 4407 99 Non-coniferous wood (other than beech (Fagus spp.) maple (Acer spp.), ash (Fraxinus spp.) or poplar (Populus spp.)), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm 4407 99 91 Wood of poplar (Populus spp.), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or endjointed, of a thickness exceeding 6 mm 9406 00 20 Prefabricated buildings of wood; "specified wood packaging material" means packaging material obtained in whole or in part of the specified plants.
(2)As regards imports originating in third countries where the specified organism is known to be present, specified plants may only be introduced into Malta if they fulfil the following conditions: (
  1. a)they comply with the specific import requirements, as set out in item 1 of Section 1(A) of Annex II to Commission Implementing Decision (EU) 2015/893; and (
  2. b)on entry into the Union they are inspected by the responsible official body in accordance with item 2 of Section 1(A) of Annex II to Commission Implementing Decision (EU) 2015/893 for the presence of the specified organism, and no signs of that organism have been found.
(3)As regards imports originating in third countries where the specified organism is known to be present, specified wood may only be introduced into Malta if it fulfils the following conditions: (
  1. a)it complies with the specific import requirements, as set out in items 1 and 2 of Section 1 (B) of Annex II to Commission Implementing Decision (EU) 2015/893; and (
  2. b)on entry into the Union it is inspected by the responsible official body in accordance with item 3 of Section 1(B) of Annex II to Commission Implementing Decision (EU) 2015/ 893 for the presence of the specified organism, and no signs of that organism have been found.
(4)Specified plants originating in demarcated areas established in accordance with Article 7 may be moved within the Union only if they meet the conditions set out in item 1 of Section 2(A) of Annex II to Commission Implementing Decision (EU) 2015/893: Provided that specified plants which have not been grown in demarcated areas but are introduced into such areas may be moved within the Union only if they meet the conditions set out in item 2 of Section 2(A) of Annex II to Commission Implementing Decision (EU) 2015/893: Provided further that specified plants imported in accordance with sub-regulation
(2)from third countries where the specified organism is known to be present may be moved within the Union only if PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 27 they meet the conditions set out in item 3 of Section 2(A) of Annex II to Commission Implementing Decision (EU) 2015/893.
(5)Specified wood originating in demarcated areas as established in accordance with Article 7 of Commission Implementing Decision (EU) 2015/893 may be moved within the Union only if it meets the respective conditions set out in items 1, 2 and 3 of Section 2(B) of Annex II to Commission Implementing Decision (EU) 2015/893: Provided that specified wood retaining all or part of its round surface not originating in demarcated areas but introduced into such areas, may be moved within the Union only if it meets the respective conditions set out in items 1 and 3 of Section 2(B) of Annex II to Commission Implementing Decision (EU) 2015/893: Provided further that specified wood packaging material originating in demarcated areas established in accordance with Article 7 of Commission Implementing Decision (EU) 2015/893 may be moved within the Union only if it meets the conditions set out in Section 2(C) of Annex II to Commission Implementing Decision (EU) 2015/893. 4P.
(1)For the purposes of this regulation, the following definitions shall apply: "specified organism" means Gibberella circinata Nirenberg & O’Donnell; "specified plants" means plants of the genus Pinus L. and the species Pseudotsuga menziesii, intended for planting, including seeds and cones for propagation purposes.
(2)The specified plants may be introduced into the Community only if: Provisional emergency measures to prevent the introduction into and the spread within the Community of Gibberella circinata Nirenberg & O’Donnell, Commission Decision 2007/ 433/ EC. (
  1. a)they comply with the requirements laid down in section I of Annex I to Commission Decision 2007/433/EC; and (
  2. b)they are, on entry into the Community, inspected and, where appropriate, tested for the presence of the specified organism, in accordance with the provisions of these regulations, and found free from it. PHYTOSANITARY CONTROLS 5. (
  3. a)No person shall move the plants, plant products and other objects listed in Part A of Schedule V, or seeds referred to in Part A of Schedule IV, unless (
  4. i)these are free from the harmful organisms listed in Part A of Schedule I; (
  5. ii)in the case of plants and plant products listed in Part A of Schedule II they are free from harmful organisms listed in relation thereto in the said Part; (iii) in the case of plants, plant products and other objects listed in Part A of Schedule IV, they satisfy the requirements specified in relation thereto in the said Part; (
  6. b)Any person or producer who notices any unusual Phytosanitary controls of production and movements of plant material within Malta. Amended by: L.N. 354 of 2017 28 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) occurrence of harmful organisms, symptoms or any other plant abnormality shall immediately notify the Director of such occurrence. (
  7. c)For the purposes of establishing whether a plant, plant product or other object complies with the requirements established under sub-regulation
(1), the Director shall carry out such regular inspections or as he may consider appropriate at least once a year. (
  1. d)Such inspections shall be carried out on the relevant plants or plant products grown, produced or used by the producer, registered under these regulations, or otherwise present on his premises as well as to the growing medium used therein; and for such purposes the inspection shall be carried out on the premises, preferably at the place of production. REGISTRATION Official register and registration. Amended by: L.N. 426 of 2012; L.N. 162 of 2014; L.N. 354 of 2017 6. (
  2. a)No person shall carry out any of the following activities unless such person is registered in the Malta Official Register (MOR), established and held by the Directorate, under the provisions of these regulations: (
  3. i)propagating, growing and trading or any other activity associated with any plants, plant products or other objects listed in Part A of Schedule V and seeds referred to in Part A of Schedule IV; (
  4. ii)importation of any plant, plant product or other object listed in Part B of Schedule V, and seeds referred to in Part A of Schedule IV; (iii) production or the management of collective warehouses or dispatching centres of:
(1)Tubers of Solanum tuberosum L., other than seed potatoes.
(2)Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids. (
  1. b)The Director may, in cases where there is no risk of any spreading of harmful organisms, following a request for registration, exempt any person who qualifies as a small producer or processor as defined in paragraph (
  2. c)from the requirements of registration under these regulations. (
  3. c)For the purposes of this regulation a small producer or processor shall satisfy all the following requirements, namely that he (
  4. i)carries out the activity of propagating, growing, and, or selling of plant material on a part time basis, and (
  5. ii)sells to or trades directly with the consumer, and (iii) is not involved in the movement of plant material to and from other Member States, and PLANT QUARANTINE (HARMFUL ORGANISMS) (
  6. iv)[ S.L. 433.03 does not carry out any importation activities of plant and plant products. Provided that any person seeking to be exempted from the provisions of this paragraph shall make an application therefore to the Director in such form, in such manner and within such time as the Director may require by notice in the Gazette. (
  7. d)Any person seeking to be registered in the official register shall make an application to the Director in such form, in such manner and during such time as Director may establish in the Gazette. Such application shall as a minimum contain the following information: (
  8. i)the name, address and a legally valid identification document number of the applicant, (
  9. ii)the type of activity for which the application is being made, (iii) the species of plants or planting material which are intended to be propagated, grown or traded, (
  10. iv)the address of every premises were the activity will be carried out, (
  11. v)the person who will be effectively managing or controlling the activity, hereinafter in these regulations referred to as the authorised person, (
  12. vi)the stage of growth at which plants and plant products are marketed, (vii) the trade licence number where applicable. (viii) such other information as the Director may require. (
  13. e)On receiving an application for registration the Director shall verify such application and shall ascertain that the applicant is a fit and proper person to be registered, and that he can fulfil the requirements listed in regulation 7. For such purpose the Director may request such other information and the production of such documents as he may deem fit. (
  14. f)The Director may grant or refuse an application and in case of refusal the Director shall inform the applicant in writing stating the reasons for such refusal. (
  15. g)The Director shall issue a certificate with the respective registration number. (
  16. h)The registration of a person registered under these regulations may be removed from the official register either on the request of person so registered or if in the opinion of the Director such person is no longer a fit and proper person to remain so registered. (
  17. i)Any registered person shall notify the Director, within ten working days, of any change in any of the particulars submitted in the application for registration and with any 29 30 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) changes in circumstances which may affect their registration. (
  18. j)the authorised person as referred to in regulation 6(d)(
  19. v)shall follow obligatory training organised by the Directorate on ongoing issues related to plant health: Provided that if authorised person does not follow such training, the Director may revoke the MOR compliance certificate or refuse to issue such certificate as the case may be, for that particular year for which training was not followed. Obligations for registered persons. Amended by: L.N. 354 of 2017 7. (
  20. a)A person registered under these regulations shall at all times comply with the requirements established under paragraph (
  21. b)to the satisfaction of the Director. (
  22. b)A registered person shall: (
  23. i)meet obligations relating to the assessment or improvement of the plant health situation of the premises and to safeguard the identity of material; these obligations may include activities such as special examination, sampling, isolation, rouging, treatment, destruction and marking and any other measure which is specifically required under Section II, Part A of Schedule IV or Part B of Schedule IV; (
  24. ii)keep an updated plan of the premises on which the plants, plant products or other objects are grown, produced, stored, kept or used by the business, individual or other organisation so listed; (iii) keep records on plants, plant products or other objects: - purchased for storage or planting on the premises, - under production, - dispatched to others, and to keep the documents for at least one year; (
  25. iv)the authorized person shall carry out visual observations as necessary and at appropriate times, to ascertain that obligations laid down in these regulations are met and in such a way, and in such a manner as laid down in guideline instructions as may by time to time be issued by the Director; (
  26. v)give such information and co-operate with the Director on any matter relating to these regulations and for such purpose shall ensure access for inspectors and officials of the Plant Health Department, in particular for inspection and, where appropriate, sampling, and to the records referred to in sub-paragraph (iii) and related documents in PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 31 accordance with these regulations. PLANT PASSPORTS 8. (
  27. a)No plants, plant products or other objects listed in Part A of Schedule V and seeds referred to in regulation 5(
  28. a)of these regulations, whether originating from third countries or otherwise, may be moved unless accompanied by a plant passport issued in accordance with these regulations, or by the competent authority in a member state. Such passport shall be attached to plants, plant products and other objects, to their packaging or to the vehicles transporting them: Plant passports. Provided that, in the case of seeds referred to in regulation 5(
  29. a)of these regulations, a plant passport will not be required if there is issued in relation to such seeds a commercialisation certificate issued under the Act. In such case, such documents shall be deemed to be plant passports for the purposes of these regulations. (
  30. b)the requirements of paragraph (
  31. a)shall not apply to the movement of small quantities of plants, plant products, and other objects, which (
  32. i)do not show any sign of any plant infection or infestation and there is no evident risk of harmful organism spreading, and (
  33. ii)are intended for use by the owner or recipient for non-industrial and non-commercial purposes or for consumption during transport. (
  34. c)A plant passport may only be issued if it satisfies the requirements specified in regulation 5 and complies with all the other relevant conditions provided for in these regulations. 9. (
  35. a)Producers and importers registered under regulation 6 may be authorised by the Director to issue passports subject to the provisions of this regulation. (
  36. b)Producers and importers seeking to be authorised to issue passports as aforesaid shall make an application to the Director in such form, in such manner and within such time as the Director may from time to time establish by notice in the Gazette. Such application shall as a minimum contain the following information: (
  37. i)name, address, a legally valid identification document, and the official registration number of the applicant, (
  38. ii)species of plants or planting material for which plant passports are to be issued, (iii) the address of every premises were the activity will be carried out, (
  39. iv)the person who will be responsible to produce, store and issue plant passports, Authorisation for issuance of plant passports. Amended by: L.N. 426 of 2012. 32 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) (
  40. v)such other information as the Director may require. (
  41. c)When an application is received by the Director, an inspection can be carried out by the Department of the premises connected with the activity for the purpose of ascertaining, for the purposes of these regulations, the plant health status of such plants, plant products or other objects. the applicant shall allow the inspector access to all records and to any premises to carry out such inspection and the facility to take any samples from any premises used in connection with the activity in accordance with these regulations. Such inspections may be subject to fees as stipulated under Schedule XXVI to these regulations. (
  42. d)The Director may grant or refuse an application and in case of refusal the Director shall inform the applicant in writing stating the reasons for such refusal. (
  43. e)Any authorisation issued under this regulation may be suspended or revoked in part or in full by the Director if he has reasonable cause to make such suspension or revocation. In such a case the Director shall immediately inform the authorised person giving the reasons for such suspension or revocation and the Director may also in such notice require the applicant to remedy the situation in such manner and within such time as may be specified in such notice. (
  44. f)Any person authorised to issue plant passports shall notify the Director of any change in any of the particulars submitted in the application to be authorised to issue plant passports and with any changes in circumstances which may effect their registration. (
  45. g)An authorisation for the issue of plant passports under this regulation shall include an authorization for the issue of a replacement passport as provided for in regulation 11. (
  46. h)The Director shall ensure that the plant passport shall be produced, printed and stored, by the producer, person or importer under the control of the Directorate. Issuing of plant passports. Added by: L.N.354 of 2017. 9A.
(1)The Director shall ensure that the conditions laid down in sub-regulation
(2)are met when a plant passport is issued and attached to plants, plant products or other objects, to their packaging or to the vehicles transporting them. The issuing includes the preparation of the passport, in particular the filling-in of the information and the action necessary to make the plant passport available for use by the applicant.
(2)For the purpose of sub-regulation
(1), the Director shall, without prejudice to the other requirements laid down in these regulations: (
  1. a)ensure that the producer, person or importer referred to in regulation 10 (
  2. b)applies to them for the issuance of a plant passport, or for the replacement of a plant passport; (
  3. b)determine, where appropriate, on the basis of inspections PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 as provided for in regulation 5(
  4. c)and (
  5. d)and carried out in accordance with regulation 8, the restrictions applicable to the plants, plant products or other objects, and accordingly the territorial validity of the plant passport, or determine the replacement of the said plant passport, as well as the information to be filled in: Provided that if the producer, person or importer referred to in regulation 10(
  6. b)intends to dispatch a plant, plant product or other object into a protected zone for which he does not have a valid plant passport, the Director shall take the necessary steps and determine accordingly whether the product qualifies for the relevant protected zone. The said responsible official bodies shall ensure that the producer, person or importer shall notify the above mentioned intention to them within a reasonable period of time prior to dispatch and shall apply simultaneously for the corresponding plant passport; (
  7. c)ensure that the information is filled as stipulated in regulation 10(c); (
  8. d)ensure that if a plant, plant product or other object has received the qualification by them for a specific protected zone or zones, the code for the protected zone or zones, the code for the protected one or zones shall be indicated on the plant passport, against the distinctive marking "ZP" (zona protecta) indicating that the said plant passport covers a plant, plant product or other object qualified for a protected zone or zones; (
  9. e)ensure that if a plant passport is to be delivered for a plant, plant product or other object originating outside the Community, the plant passport shall be used, with the indication of the name of the country of origin or, where appropriate, the consignor country on the said plant passport; (
  10. f)ensure that if a plant passport is to be replaced by another plant passport, the plant passport referred to in regulation 2
(1)shall be used; the code for the originally registered producer or importer shall be indicated on the said plant passport, against the distinctive marking "RP" ("replacement passport") indicating that the said plant passport replaces another plant passport; (
  1. g)depending on where the said plant passport is physically stored, either deliver the said plant passport, or authorize the producer, person or importer referred to in regulation 10 (
  2. b)to use it accordingly; and (
  3. h)ensure that the part of the said plant passport consisting of the label be attached under the responsibility of the producer, person or importer referred to in regulation 9(
  4. h)to the plants, plant products or other objects, to their packaging or to the vehicles transporting them in such a manner that it cannot be re-used. 33 34 [ S.L. 433.03 General provisions relating to plant passports. Substituted by: L.N.354 of 2017. PLANT QUARANTINE (HARMFUL ORGANISMS) 10. (
  5. a)the Director may establish the form of the plant passport. However the plant passport shall contain the information as established in Schedule (VI). The Director shall require that when the plant passport consists of a label and the accompanying document: (
  6. i)the accompanying document contains at least the information required under items 1 to 10 of Schedule VI; and (
  7. ii)the information contained on the plant passport label can be limited to the information required under items 1 to 5. In such a case the plant passport shall be deemed to be complete if accompanied by the said commercial document. Where in the movement of plants, plant products or other objects the authorized person or inspector requires to insert information in addition to that contained in Schedule VI, the authorized person or inspector shall insert such information on t he commercia l ac companying document and not on the plant passport label. In such a case such information shall be clearly and distinctly separated from the information listed in said Schedule (VI); (
  8. b)the plant passport shall consist of an official label and an accompanying document containing the required information as laid down in Schedule (VI). The label shall not have previously been used and shall be of suitable material. The use of official adhesive labels shall be authorized; (
  9. c)the required information shall preferably be printed in typescript and in capital letters if the plant passport is preprinted, but may be handwritten in capital letters and shall be in Maltese or English. The botanical name of the plants or plant products shall be indicated in Latin characters. Alterations, obliterations and erasures which are not signed by the authorized person or inspector shall invalidate the said plant passport; (
  10. d)any plant passport affixed to any plant material specified in accordance with paragraph (
  11. a)shall be produced, stored and affixed to such plant material, by or under the supervision of an authorized person or an inspector; (
  12. e)the authorized person or inspector referred to in paragraph (d), as appropriate, shall ensure that in relation to any plant, plant product or object listed under Part A of Schedule V a valid passport appropriate for the destination within the Community of such plant, plant product or other object is issued. Where relevant, this shall include an indication as specified in Schedule VI that the plant, plant product or other object meets the appropriate requirements of any protected zone to which the plant, plant product or other object is being moved; PLANT QUARANTINE (HARMFUL ORGANISMS) (
  13. f)[ S.L. 433.03 35 commercial purchasers of plants, plant products or other objects, as final users professionally engaged in plant production, shall retain the related plant passports for at least one year, and enter the references in their records. The Director may by notice in the Gazette specify the format in which records shall be kept; (
  14. g)in the case of tubers of Solanum tuberosum L. intended for planting, as listed in item 18.1 of Section II of Part A of Schedule VI to these regulations, the official label defined in Schedule V to the Seeds of Agricultural Plants and Vegetables Regulations may be used in place of a plant passport provided that the label provides evidence that the requirements referred to in regulation 8(
  15. c)are complied with; compliance with the provisions governing the introduction of tubers of Solanum tuberosum L., intended for planting into and their movement within a protected zone recognised in respect of harmful organisms relating to those tubers, shall be noted either on the label or on any other trade document; S.L. 433.21 (
  16. h)in the case of seeds of Helianthus annuus L., listed in item 26 of Section II of Part A of Schedule IV to these regulations, the official label defined in Annex IV to Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants may be used in place of a plant passport provided that it complies with the relevant special requirements listed in Section II of Part A of Schedule IV to these regulations; (
  17. i)(
  18. j)in the case of seeds of Solanum lycopersicum (L.) Karsten ex Farw. and Phaseolus L., listed in items 27 and 29 of Section II of Part A of Schedule IV to these regulations, the official label defined in Schedule V to the Seeds of Agricultural Plants and Vegetables Regulations may be used in place of a plant passport provided that the label provides evidence that the seeds be officially examined in order to comply with the provisions of Schedule IV to these regulations; in the case of seeds of Medicago sativa L., listed in items 28.1 and 28.2 of Section II of Part A of Schedule IV to these regulations, the official label defined in Schedule V to the Seeds of Agricultural Plants and Vegetables Regulations may be used in place of a plant passport provided that the label provides evidence that the requirements referred to in Schedule IV to these regulations are complied with; S.L. 433.21 S.L. 433.21 (
  19. k)the labels referred to in paragraphs (g), (h), (
  20. i)and (
  21. j)must indicate the words "EC plant passport". 11. (
  22. a)Without prejudice to provisions of Schedule IV, a replacement passport may be issued in place of a passport in any of the following circumstances: (
  23. i)where the original passport is in relation to a consignment which requires to be divided up, Conditions for replacement of plant passports. 36 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) (
  24. ii)where the plant-health status of the consignment under which the plant passport has been issued has changed. (
  25. b)The replacement may take place only at the request of a natural or legal person, whether a producer or not, listed in an official register, in accordance with regulation 6. (
  26. c)The replacement passport may be prepared only if the identity of the product concerned and the absence of any risk of infection due to harmful organisms listed in Schedule I and II since dispatch by the producer can be guaranteed. (
  27. d)The replacement passport must bear a special mark, as specified in Schedule VI, and include the number of the original producer and, if there was a change in plant-health status, of the operator responsible for that change. Official measures. Request for recognition of a protected zone. Added by: L.N.354 of 2017. 12. Where it is found that a plant, plant product or other object does not qualify for a plant passport the following provisions shall be applied: (
  28. i)they are submitted to appropriate treatment, and if as a result of the treatment the conditions of a passport are fulfilled, a plant passport is issued; (
  29. ii)a permit for movement, under official control, to zones where they do not present an additional risk is given; (iii) a permit for movement, under official control, to places for industrial processing is given; or (
  30. iv)their destruction is ordered. RECOGNITION OF PROTECTED ZONES 12A.
(1)When requesting the recognition of a protected zone as referred to in article 32
(1)(
  1. s)of the Act, the following conditions shall be met: (
  2. a)an official action programme shall be established to seek confirmation that one or more of the harmful organisms referred to in these Regulations, in respect of which zone is to be recognised as a protected zone, are not endemic or established there; and (
  3. b)the programme referred to in paragraph (
  4. a)shall be monitored by persons entitled to act for the Directorate.
(2)The programme referred to in sub-regulation
(1)shall comprise: (
  1. a)a survey based on an understanding of the biology of any harmful organism of concern and of the agronomy and environment of the relevant zone using appropriate methods of analysis including growing medium and crop inspection and, if necessary, laboratory testing; (
  2. b)a permanent regime providing regular and systematic surveys, at appropriate times, at least once a year, on the PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 37 presence of any harmful organism in respect of which the zone is to be recognised as a protected zone; and (
  3. c)a system of keeping records of the results of the surveys.
(3)The surveys referred to in sub-regulation
(1)shall be carried out by persons entitled to act for the Directorate.
(4)The survey methodology and conduct shall be notified to the Commission. The Commission shall forward this information to the other Member States. 12B.
(1)In carrying out surveys for the purposes of the recognition of protected zones, the Directorate shall, in respect of harmful organisms of the animal kingdom other than nematodes, relevant to forestry plants or plant products, which attack crops normally grown in the open air, take account of the following guidelines: (
  1. a)the survey shall be carried out in the relevant zone; (
  2. b)the survey methodology shall be based on a recording plot method, comprising the following elements: a network of observation points shall be established following a systematic grid covering the entire relevant zone; the following parameters of each point shall be registered: number, actual latitude and longitude coordinates, topography, and, where appropriate, a site description shall be made. Where appropriate, additional information may be collected; the observation points may be marked; maps for representation of observation points may be produced; (
  3. c)the following criteria shall be used to decide the suitability of an observation point: (
  4. i)in general the point must be sufficiently large to allow selection of a point; (
  5. ii)in general the point shall be located in the abovementioned area to allow the appropriate assessment operations; and (iii) in special cases, where appropriate, other points shall be selected, such as on sites where the risk of potential introduction of any harmful organism of concern in an area is high; (
  6. d)where appropriate, meteorological, especially precipitation and temperature, and edaphic data shall be recorded, preferably on the site of the observation point, but may also be obtained from a nearby station where these variables are regularly measured. Extreme events, such as drought, heavy rain, and other similar extreme meteorological occurrences, which are likely to influence the observations shall also be recorded; (
  7. e)the survey, at each observation point shall be at least: (
  8. i)concentrated on a representative number of units of plants or plant products; (
  9. ii)concentrated on one or more of the main host plants or Guidelines for surveys for the purposes of the recognition of protected zones. Added by: L.N.354 of 2017. 38 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) plant products of any harmful organism of concern; where appropriate other hosts shall also be included; (iii) comprising visual inspections to determine the presence of symptoms or signs of any harmful organism of concern, carried out at a time when such symptoms or signs would be expected to be at their maximum; and (
  10. iv)in cases of doubt, laboratory testing of samples; and (
  11. f)where appropriate, at the observation points, traps which attract the relevant organisms shall be used; the type and number of traps to be used as well as the method of trapping shall take into account the biology of the pest.
(2)Any future measure, which is appropriate to ensure that the conditions laid down in regulation 4 are met, may be taken.
(3)The Director may issue guidelines in respect of harmful organisms other than those referred to therein, once the necessary technical information is available. Surveys for the purposes of the recognition of protected zones. Added by: L.N.354 of 2017. Protected zones. Amended by: L.N. 245 of 2006; L.N.354 of 2017. 12C. The Director may by notice published in the Gazette lay down the minimum measures to be taken to be able to carry out surveys for purposes of the recognition of protected zones. PROTECTED ZONES 13. (
  1. a)No person shall introduce into or keep or spread within the relevant protected zones: (
  2. i)the harmful organisms listed in Part B of Schedule I; (
  3. ii)the plants and plant products listed in Part B of Schedule II, where they are contaminated by the relevant harmful organisms listed therein. (
  4. b)No person shall introduce into a protected zone, plant material listed in Part B of Schedule III, into the relevant protected zones. (
  5. c)No person shall introduce into a protected zone or keep or spread within a protected zone the plants, plant products and other objects listed in Part B of Schedule IV, unless the relevant special requirements indicated in that part of the Schedule are met. (
  6. d)Plants, plant products and other objects listed in Section II of Part A of Schedule V, and seeds mentioned in regulation 5(a), may not be introduced into a specified protected zone or moved therein, unless a plant passport valid for that zone is attached to them, to their packaging or to the vehicles transporting them. If on issuing the plant passport the examination does not concern conditions relevant to the protected zones, it is considered that such conditions are not fulfilled and the plant passport issued shall not be valid for such zones. (
  7. e)The zones in the Community listed in Schedule V are PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 39 recognised as protected zones within the meaning of regulation 3, in respect of any harmful organism listed against their names in the said Schedule V. MOVEMENT THROUGH A PROTECTED ZONE 13A.
(1)When plants or plant products or other objects listed in Schedule V, Part A, Section II to these Regulations, originating outside a protected zone established in respect of one or more harmful organisms, are moved through such protected zone for final destination outside the zone, and without a plant passport valid for that zone, the following conditions are to be met: Movement through a protected zone. Added by: L.N.354 of 2017. (a) the packaging used or, where appropriate, the vehicles transporting the plants, plant products or other objects referred to in sub-regulation
(1)to this regulation, shall be clean and of such a nature as to ensure that there is no risk of harmful organisms spreading; (
  1. b)immediately after, the packaging referred to in paragraph (
  2. a)shall be secured according to stringent plant health standards to ensure that there is no risk of harmful organisms spreading in the relevant protected zone and that the identity will remain unchanged and to the satisfaction of the Director, and remain secured during transportation through the relevant protected zone; and (
  3. c)the plants, plant products or other objects referred to in sub-regulation
(1)to this regulation, shall be accompanied by a document which is normally used for trade purposes, indicating that the said products originate outside the relevant protected zone and have a destination outside the relevant protected zone.
(2)If during an official check, organised pursuant to regulations under the Act, and carried out at a place within the relevant zone, it is found that the requirements laid down under Article 3 of the Act are not met, the following official measures shall be taken immediately, as appropriate, and without prejudice to the measures to be taken if the plants, plant products or other objects do not meet the conditions laid down under the Act: (a) sealing of the packaging; and (b) transportation, under official control of the plants, plant products or other objects to a destination outside the relevant protected zone.
(3)Less stringent conditions shall apply to those plants, plant products or other objects listed in Schedule V, part A, section II to these Regulations originating in and moving within a protected zone established for the said plants, plant products or other objects in respect of one or more harmful organisms. NOTIFICATION OF INTRODUCTION OF PLANT MATERIAL IN MALTA 14. (
  1. a)the Director may as he deems necessary request, by a notice in the gazette, that certain plants, plant products and other objects listed in Part A of Schedule V to these regulations, be meticulously examined in their entirety Prior notice of entry in Malta. Amended by: L.N. 354 of 2017. 40 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) and for this purpose any person introducing into Malta from other Member States such plants, plant products and other objects shall notify the Directorate at least forty eight hours to their expected time of arrival. The Director shall be informed as soon as reasonably possible, of any changes to the expected time or date of arrival into Malta of the notified consignment. (
  2. b)any person who, in the course of any commercial activity, intends to import into Malta any plant, plant product or any other object listed in Part B of Schedule V shall, by not later than forty eight hours before the expected date and time of arrival of the consignment, make a request with the Directorate, through means established by the Director by notice in the gazette, for the issue of the Plant Health Movement Document, hereinafter referred to as a PHMD. Where there is any change in the expected time or date of arrival, any such person shall inform the Director immediately of such change. (
  3. c)The required information shall preferably be printed but may be handwritten in capital letters and shall be in English or Maltese; the botanical name of the plants or plant products shall be indicated in Latin characters; alterations, obliterations and erasures, shall invalidate the said request. (
  4. d)the Directorate shall fill the details of the consignment in accordance with the form shown in Schedule VIII upon presentation of a valid phytosanitary certificate and any other documents providing the details on the form. The plant health movement document shall be issued in triplicate after compliance to a plant health check. (
  5. e)The authorities responsible for the point of entry in Malta shall notify together with the notification to the Customs, the Plant Health Department of any imminent arrival of consignments listed in Part B of Schedule V. (
  6. f)Where a PHMD has been issued in terms of these regulations, such document shall be deemed to be a plant passport, for the purpose of these regulations, to the first point of destination of the consignment. (
  7. g)A PHMD shall be retained by the importer for a period of at least three years. IMPORTATION OF PLANT MATERIAL Requirements for importation. Amended by: L.N. 354 of 2017. 15. (
  8. a)Plants, plant products and other objects listed in Part B of Schedule V entering Malta from third countries shall be landed at the established point of entries and shall be subject to both Customs and the Department’s supervision and shall satisfy the requirements of the Department according to the provisions of these regulations. PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 41 (
  9. b)The requirements specified in paragraph (
  10. a)shall include the following: (
  11. i)- that the plants, plant products or other objects are not contaminated by the harmful organisms listed in Part A of Schedule, and - in the case of the plants and plant products listed in Part A of Schedule II that they are not contaminated by the relevant harmful organisms listed in that part of the Schedule, and - in the case of the plants, plant products and other objects listed in Part A of Schedule IV that they comply with the relevant special requirements indicated in that part of the Schedule, or, where applicable, with the option declared in the certificate pursuant to regulation 19(e), and (
  12. ii)that the plants, plant products or other objects are accompanied by the respective original of the required official phytosanitary certificate or phytosanitary certificate for re-export issued in accordance with the provisions laid down in regulation 19, and the respective original of the Plant Health Movement Document. (
  13. c)Paragraph (
  14. b)shall apply, in cases of plants, plant products or other objects intended for a protected zone, in respect of harmful organisms and of special requirements listed in Part B of Schedule I, Part B of Schedule II and Part B of Schedule IV respectively, for that protected zone. 16. (
  15. a)For the purposes of regulation 15(
  16. b)the inspectors of the department shall as a minimum carry out checks on at least: (
  17. i)each consignment declared to consist of, or to contain, plants, plant products or other objects, referred to in regulation 15(
  18. b)under the respective conditions, or (
  19. ii)in the case of a consignment which is composed of different lots, each lot declared, to consist of, or to contain, such plants, plant products or other objects. The checks shall determine whether: (
  20. i)the consignment or lot is accompanied by the required phytosanitary certificate, and the PHMD, as specified in regulation 15(b)(
  21. ii)relating to documentary checks, (
  22. ii)in its entirety or on one or more representative samples, the consignment or lot consists of, or contains the plants, plant products or other objects, General requirements for all checks on imported plants, plant products and other objects. Amended by: L.N. 99 of 2012; L.N. 293 of 2012; L.N. 354 of 2017; L.N. 232 of 2019. 42 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) as declared on the required documents relating to identity checks, and (iii) in its entirety or on one or more representative samples, including the packaging and, where appropriate, the transport vehicles, the consignment or lot or their wood packing material comply with the requirements laid down in these regulations; (
  23. iv)the PHMD and the official phytosanitary certificate or phytosanitary certificate for re-export shall be in line to the general provisions of these regulations. The foregoing provisions of this regulation shall also apply to plants, plant products or objects other than those referred regulation 15, which come from a third country and are brought into the customs territory of Malta. These may, from the time of their entry, be subject to supervision by the Plant Health Department, in respect of these regulations. These plants, plant products or objects include wood in the form of dunnage, spacers, pallets or packing material, which are actually in use in the transport of objects of all kinds. Where the Plant Health Department makes use of this faculty, the plants, plant products or objects concerned shall remain under the supervision referred to in regulation 15(a), until the relevant formalities have been completed such as to conclude, as a result for these formalities and as far as can be determined, that they comply with the relevant requirements laid down in or under these regulations. (
  24. aa)Inspections carried out under regulation 16(
  25. a)shall be subject to fees as stipulated under Schedule (XXV) to these regulations. (
  26. b)the provisions of checks as specified in paragraph (
  27. a)shall not apply for the following cases: (
  28. i)where plants, plant products and other objects are imported in Malta and these do not present any risk of harmful organisms spreading in Malta are: - being directly moved from one point to another within the Community through the territory of a third country without any change in their customs status (internal transit), or - being directly moved from one point to another within one or two third countries via Malta under appropriate customs procedure without any change in their customs status; (
  29. ii)to the movement of small quantities of plants, plant products and other objects, other than potatoes, as defined in sub-paragraphs (i), (
  30. ii)and (iii) of paragraph (
  31. d)of regulation 4. (iii) the importation into Malta of plant, plant products PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 43 and other objects for trial or scientific purposes and for work on varietal selections which shall be conducted in accordance with the conditions under regulation 20. (
  32. c)Where it is satisfied that the requirements under regulation 15 have been complied with, the Director shall issue a Plant Health Movement Document in terms of Schedule VIII. Such document shall contain a document reference number to be provided by the Directorate. All information provided under Documentary check, identity check and Plant Health Check in the Document, shall be filled by the inspector followed by his authorisation by means of an official rubber stamp. Upon the granting of the authorisation, one copy of the Plant Health Movement Document shall be forwarded to Customs, another copy shall be forwarded to the importer and another copy shall be retained by the Directorate. 16A.
(1)Without prejudice to regulation 16, the following provisions shall apply only for checks carried out at places of destination: (
  1. a)identity and Plant Health Checks of Plants, Plant Products or other Objects listed in Part B of Schedule V to these Regulations may be carried out at a Place other than point of entry. In case of transit of non-Community goods the inspection may take place at the premises of the official body of destination, or at any place close by, when the conditions referred to in paragraph (
  2. b)are met. The inspection may take place at the place of destination such as place of production, when the conditions referred to in sub-regulation (
  3. b)are met; (
  4. b)the conditions referred to in sub- paragraph (
  5. a)shall be: (
  6. i)when the official bodies of the point of entry and of destination decide, where appropriate by agreement between the responsible official bodies of the Member States, that identity checks and plant health checks (hereinafter referred to as "checks") could more meticulously be carried out at a place other than the point of entry into the Community or at a place close by; and (
  7. ii)when any importer or other person responsible for the places or the premises where the checks are to be carried out (hereinafter referred to as "the applicant") of a consignment composed of the products concerned has the approval, through an approval procedure defined in sub-regulation
(2)(b) for checks to be carried out at "an approved place of inspection" which is either: (A) in the case of transit of non-Community goods at
(1)the premises of the official body of Checks at places of destination. Added by: L.N.354 of 2017. 44 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) destination; or
(2)a place close by those premises and designated or approved by the customs authorities and by the responsible official body; or (B) at a place of destination approved by the official body and the customs authorities responsible for the area where that place of destination is located; and (C) when specific guarantees and documents as regards the transport of a consignment composed of the products concerned to the approved place of inspection are met, and, where appropriate, minimum conditions concerning the storage of these products on these places of inspection are fulfilled; and (c) the specific guarantees, documents and minimum conditions referred to in sub-regulation
(1)(b)(C) of this regulation shall be: (
  1. i)the packaging of the consignment or the means of transport used for this consignment shall be closed or sealed in such a way that the products concerned cannot cause infestation or infection during their transport to the approved place of inspection and will be such that their identity will remain unchanged. In duly reasoned cases the relevant official bodies of the Member States may allow consignments which are not closed or sealed, provided that the products concerned cannot cause infestation or infection during their transport to the approved place of inspection; (
  2. ii)the consignment shall be sent to the approved place of inspection. No change of the place of inspection is allowed, except following approval by the relevant official bodies of the point of entry and of the requested destination, and the customs authorities responsible for the area where the requested place of inspection is located; (iii) the consignment shall be accompanied by a PHMD, and contain the required information in accordance with the model in Schedule VIII to these regulations; the document shall be completed by typing or in handwritten legible capital letters or by electronic means in agreement with the relevant official bodies of point of entry and of destination and shall be in at least one of the official languages of the Community; PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 (
  3. iv)the relevant headings of the document referred to in paragraph (iii) shall be filled in and signed by the importer of the consignment under the supervision of the relevant official body of point of entry; and (
  4. v)in the cases referred to in sub-regulation (b)(ii)(A)
(1)of this regulation, the storage of the consignment at the approved place of inspection shall be such that it is separated from both Community goods and from consignments infested or suspected to be infested by harmful organisms.
(2)(a) the Directorate shall ensure that an approval procedure be established as specified in sub-regulations
(2)(b),
(2)(c) and
(2)(
  1. d)of this regulation to evaluate, and where appropriate to approve, the suitability in phytosanitary terms, of carrying out checks at places proposed as approved places of inspection; (
  2. b)the procedure referred to in sub-regulation
(2)(
  1. a)of this regulation shall indicate that, if the checks are to be carried out at approved places of inspection, any applicant shall apply to the responsible official bodies in charge of carrying out such checks, requesting that checks be carried out at places mentioned in the request; (
  2. c)the application shall include a technical dossier supplying the information necessary for evaluating the suitability of proposed places as an approved place of inspection, and covering, in particular information relating to the products concerned intended to be imported and the places in which the imported products concerned will be stored or kept awaiting the final results of the checks, and in particular how separation referred to in sub-regulation
(1)(c)(
  1. v)of this regulation is to be secured; and (
  2. d)the Directorate shall ensure that the application referred to in sub-regulation
(2)(
  1. b)of this regulation shall be recorded and that: (
  2. i)the information supplied in the application is examined; (
  3. ii)the suitability for carrying out checks at the proposed places of inspection is evaluated, which should fulfil minimum requirements which are at least those laid down in paragraphs
(3)(b) and
(3)(
  1. c)of regulation 16B, or any further requirements which the Director may impose in a non- discriminatory manner and which are justified in order to allow efficient inspections are evaluated; and (iii) the Director shall respond to the applicant by either: 45 46 [ S.L. 433.03 PLANT QUARANTINE (HARMFUL ORGANISMS) (A) indicating that the application is acceptable and that the places concerned are designated as approved place of inspection; or (B) indicating that the application acceptable and the reason thereof; is not (
  2. e)the Director shall keep and provide to the Commission and to the Member States on request, the updated list of the approved places of inspection; (
  3. f)the Director shall ensure that the necessary measures are taken if it is found that there are elements which would militate against the proper functioning of carrying out checks at the approved places of inspection: Provided that the Director shall notify the Commission and the Member States concerned of all significant cases of non-compliance with the conditions which apply to an approved place of inspection.
(3)Plant Health Inspectors shall ensure that the importer of the c o nsi g nm e n ts fo r wh ic h i t wa s de c id e d th a t ch e c k s o f th e s e consignments may be carried out at an approved place of inspection, shall be subject to the following obligations, without prejudice to those already laid down in regulations 6 and 7: (
  1. a)the importer shall notify the introduction of the products concerned sufficiently in advance to the relevant official body of destination, which notification shall contain in particular: (
  2. i)the name, address and the location of the approved place of inspection; (
  3. ii)the scheduled date and time of arrival at the approved place of inspection of the products concerned; (iii) if available, the individual serial number of the plant health movement document referred to in subregulation
(1)(c)(iii); (iv) if available, the date and place at which the plant health movement document referred to in subregulation
(1)(c)(iii) was drawn up; and (
  1. v)details of the importer and phytosanitary certificate or phytosanitary certificate for re-export as requested in the PHMD as per Schedule VIII; and (
  2. b)the importer shall notify to the relevant official body of destination any changes as regards the information supplied pursuant to paragraph
(3)(a).
(4)The Directorate shall ensure that the checks of the products concerned carried out at the approved place of inspection satisfy minimum conditions which are at least those laid down in paragraphs 1, 2 and 3(a) of Regulation 16B, or any further requirements which the PLANT QUARANTINE (HARMFUL ORGANISMS) [ S.L. 433.03 Director may impose in a non-discriminatory manner and which are justified in order to allow efficient inspections.
(5)

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