L.S. 433.31 Regolamenti dwar Materjal Għat-Tkattir ta' Pjanti Ornamentali

(1)The scope of these regulations is to make provisions to assure that any propagation material of ornamental plants produced or placed on the market in Malta meets specified standards of quality. Scope.

(2)These regulations shall apply to plant material utilised for the propagation of ornamental plants, hereinafter referred to as the propagation material as hereinafter defined, produced and marketed within the European Union and shall apply without prejudice to the plant health rules laid down by Council Directive 2000/29/EC and its amendments as transposed in the Plant Quarantine (Harmful Organisms) Regulations.

(3)material: S.L. 433.03 These regulations shall not apply to propagation (

1. a)intended to be exported to third countries, which is identified as such and which is kept sufficiently isolated; (
2. b)the products of which are not intended for ornamental purposes, if it is covered by other laws on the marketing of such material.

(4)These regulations transpose Commission Directives 93/ 49/EEC, 98/56/EC, 1999/67/EC, 1999/68/EC and Commission Implementing Directive (EU) 2018/484. 3. For the purpose of these regulations, the following definitions shall apply: "the Act" means the Plant Quarantine Act; "the Directorate" means the Directorate or Department responsible for plant health and which is the national responsible official body for the scope of these regulations; "the Director" means the Director responsible for the Directorate; "lot" means a number of units of a single commodity, identifiable by its homogeneity of composition and origin; Definitions. Amended by: L.N. 384 of 2020. Cap. 433. 2 [ S.L. 433.31 PROPAGATION MATERIAL OF ORNAMENTAL PLANTS "marketing" refers to the sale or delivery by a supplier to another person; "sale" includes holding available or in stock, display with a view to sale or offering for sale; "propagation" means reproduction by vegetative or other means; "propagation material" refers to plant material intended for: (

1. a)the propagation of ornamental plants; or (
2. b)the production of ornamental plants however, in the case of production from whole plants, this definition applies only to the extent that the resulting ornamental plant is intended for further marketing; "regulated non-quarantine pests", hereafter referred to as "RNQPs", means a pest that fulfils all the conditions set out under Article 36 of Regulation (EU) 2016/2031 of the European Parliament and the Council as regards protective measures against pests of plants, and is included in the list of Union regulated non-quarantine pests under Annex IV of Commission Implementing Regulation (EU) 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/ 2031 and repealing Commission Regulation (EC) No 690/2008 and amending Commission Implementing Regulation (EU) 2018/2019; "supplier" means any natural or legal person engaged professionally in the marketing or importation from third countries of propagation material. Notification. 4. Any person or entity introducing or importing in Malta propagation material of ornamental plants from another EU Member State or from a third country shall notify the Directorate, forty-eight hours prior to the arrival of the material in Malta, by means of the EU Plant Movement Notification form or the Third Countries Notification form available on the Directorate’s website, of each lot supplied or received by them. Varieties of propagation material. 5.

(1)Propagation material may be marketed with a reference to a variety, only if the variety concerned is: (

1. a)legally protected by a plant variety right in accordance with provisions on the protection of new varieties, (
2. b)officially registered, (
3. c)commonly known, PROPAGATION MATERIAL OF ORNAMENTAL PLANTS [ S.L. 433.31 3 (
4. d)entered on a list kept by the supplier with its detailed description and denomination. Such lists shall be drawn up in accordance with accepted international guidelines, where these are applicable. The lists shall be available, on request, to the responsible official body of the Member State concerned.

(2)As far as possible, each variety shall bear the same denomination in all the Member States in accordance with implementing measures established by the European Union, or in their absence, in accordance with accepted international guidelines.

(3)Where propagation material is marketed with a reference to a group of plants rather than a variety referred to in sub-regulation

(1), the supplier shall indicate the group of plants in such a way as to avoid confusion with any varietal denomination. 6.

(1)The propagating material of ornamental plants shall at least on visual inspection, be found at the place of production to be practically free from all pests listed in the Schedule I with regards to the respective propagating material of ornamental plants.

(2)The presence of regulated non-quarantine pests (‘RNQPs’) on propagating material of ornamental plants subject to marketing shall, at least upon visual inspection, not exceed the respective thresholds set out in the Schedule I.

(3)The propagating material of ornamental plants shall, at least on visual inspection, be practically free from any pests, other than the pests listed in the Schedule I with regard to the particular propagating material of ornamental plants, which reduce the usefulness and quality of that material, or from any signs or symptoms thereof.

(4)The material shall also comply with the requirements concerning Union quarantine pests, protected zone quarantine pests and RNQPs provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as with the measures adopted pursuant to Article 30

(1)of that Regulation.

(5)A schedule is established for a particular genus or species as in Schedule I, laying down additional conditions concerning the quality with which propagation material shall comply when marketed. A genus or species shall only be included in the schedule if there is a demonstrated need for such additional rules. In determining such need the following criteria shall apply: (

1. a)the existence of problems with the quality of propagation material of the species or genus concerned, which can only be resolved satisfactorily through legislative means; Conditions to be met by propagation material. Amended by: L.N. 384 of 2020. 4 [ S.L. 433.31 S.L. 433.03. Conditions to be satisfied by suppliers. Amended by: L.N. 384 of 2020. PROPAGATION MATERIAL OF ORNAMENTAL PLANTS (
2. b)the economic importance of propagation material of the species or genus concerned; and (
3. c)the consistency with any international standards on regulated non-quarantine pests. Sub-regulation

(5)shall apply without prejudice to the rules on protected zones adopted pursuant to regulation 3 of the Plant Quarantine (Harmful Organisms) Regulations and Article 5

(3)of Council Directive 2000/29/EC. 7.

(1)Suppliers propagation material shall: engaged in the production of (

1. a)identify and monitor the critical points in their production process which influence the quality of the material; (
2. b)keep information, for examination when requested by the Directorate on the monitoring laid down in the paragraph (a); (
3. c)take samples where necessary for analysis in a laboratory with suitable facilities and expertise; (
4. d)ensure that, during production, lots of propagation material remain separately identifiable. S.L. 433.03.

(2)In the case of the appearance, on the premises of a supplier engaged in the production of propagation material, of a harmful organism listed under the Plant Quarantine (Harmful Organisms) Regulations or in any measures established pursuant to regulation 6

(5), the supplier shall report this to the Directorate and shall carry out any measures laid down by that Directorate.

(3)When propagation material is marketed, registered suppliers shall keep records of their sales or purchases for at least twelve months. Registration of suppliers. 8.

(1)Without prejudice to sub-regulation

(2), suppliers shall be officially registered in relation to the activities that they carry out under these regulations. The Directorate may deem suppliers, who are already registered under the Act to be registered for the purposes of these regulations. Such suppliers shall nonetheless comply with the requirements hereof.

(2)Sub-regulation

(1)shall not apply to suppliers marketing only to persons not professionally engaged in the production or sale of ornamental plants or propagation material. Such suppliers shall nonetheless comply with the requirements of these regulations. Documentation and labelling. 9.

(1)Propagation material shall be marketed in lots. However, propagation material of different lots may be marketed in a PROPAGATION MATERIAL OF ORNAMENTAL PLANTS [ S.L. 433.31 5 single consignment, provided that the supplier keeps records of the composition and origin of the different lots.

(2)Propagation material when marketed shall be accompanied by a label or other document prepared by the supplier.

(3)Requirements as to the label or document referred to in sub-regulation

(2), shall be established by the Directorate. In the case of marketing of propagation material for persons not professionally engaged in the production or sale of ornamental plants or propagation material, requirements on labelling may be confined to appropriate product information. Requirements as to packaging of propagation material may be adopted accordingly.

(4)Sub-regulation

(1)shall not apply to propagation material that is marketed for persons not professionally engaged in the production or sale of ornamental plants or propagation material. 10. Deleted by Legal Notice 384 of 2020. 11.

(1)Suppliers may market propagation material only if it meets the requirements laid down in these regulations. Health status of propagation material. S.L. 433.03. Marketing of propagation material.

(2)Sub-regulation

(1)shall not apply to propagation material intended for – (

1. a)trials or scientific purposes; (
2. b)selection work; or (
3. c)use in the conservation of genetic diversity. 12. Suppliers shall take all the necessary measures to guarantee compliance with these regulations. To this end, the Directorate shall ensure that propagation material is officially inspected (
4. a)Compliance with these regulations. at least by random checks; and (
5. b)at least in respect of marketing to persons professionally engaged in the production or sale of ornamental plants or propagation material, to verify compliance with the requirements. The Directorate may also take samples in order to verify compliance. In carrying out supervision and monitoring, the Directorate shall have free access to all parts of suppliers’ establishments at all reasonable times. 13.

(1)If, during official inspections referred to in regulation 12 or the trials referred to in regulation 18, it is found out that propagation material does not meet the requirements of these Non-compliance with these regulations. 6 [ S.L. 433.31 PROPAGATION MATERIAL OF ORNAMENTAL PLANTS regulations, the Directorate shall ensure that the supplier takes appropriate corrective action or, if that is not possible, shall prohibit the marketing of that propagation material within the European Union.

(2)If it is found out that propagation material marketed by a particular supplier does not comply with the requirements of these regulations, the Directorate shall ensure that appropriate measures are taken in relation to that supplier.

(3)Any measures taken under sub-regulation

(2)shall be withdrawn as soon as it has been established with adequate certainty that the propagation material intended for marketing by the supplier will, in future, comply with the requirements and conditions of these regulations. Less stringent requirements.

1. In the event of temporary difficulties in the supply of propagation material satisfying the requirements of these regulations that cannot be overcome within the European Union, rules may be adopted, concerning the marketing of propagation material meeting less stringent requirements. Marketing restrictions.
2. The marketing of propagation material that complies with the requirements of these regulations shall be subject to no restrictions as regards supplier, quality, plant health, labelling and packaging other than those laid down in these regulations. Equivalence. 16.

(1)It shall be decided whether propagation material produced in a third country affords equivalent guarantees in all respects to material produced within the European Union in accordance with these regulations.

(2)Pending the decision referred to in sub-regulation

(1), propagation material may not be imported from third countries unless the importing supplier ensures prior to import that the material to be imported affords equivalent guarantees in all respects to propagation material produced within the European Union in accordance with these regulations, in particular in relation to quality, identification and plant health.

(3)The importer shall notify the responsible official bodies of material imported under sub-regulation

(2)and shall keep documentary evidence of his contract with the supplier in the third country. Implementing procedures.

1. Detailed rules for implementing the provisions of these regulations shall be established by the Directorate where necessary. Experimentation.
2. Where appropriate, trials or tests shall be carried out on samples to check that propagation material complies with the requirements and conditions of these regulations. PROPAGATION MATERIAL OF ORNAMENTAL PLANTS Substituted by: L.N. 384 of
3. Amended by: L.N. 153 of
4. [ S.L. 433.31 Schedule I Conditions to be met by ornamental plant propagation material and whole ornamental plants

(1)The material shall have adequate identity and purity relative to the genus or species in question, or where appropriate, group of plants, and, where marketed or intended to be marketed with a reference to the variety, shall also have identity and purity as to the variety.

(2)This Schedule is without prejudice to the provisions laid down in the Regulation (EEC) No 316/68 of the Council fixing quality standards for fresh cut flowers and fresh ornamental foliage. RNQPs concerning propagation material of ornamental plants Bacteria RNQPs or symptoms caused by RNQPs Erwinia amylovora (Burill) Winslow et al. [ERWIAM] Genus or species of propagating material of ornamental plants Propagating material of ornamental plants other than seeds Threshold for the presence of RNQPs on the propagating material of the ornamental plant 0% Amelanchier Medik., Chaenomeles Lindl., Cotoneaster Medik., Crataegus Tourn. ex L., Cydonia Mill., Eriobtrya Lindl., Malus Mill., Mespilus Bosc ex Spach, Photinia davidiana Decne., Pyracantha M. Roem., Pyrus L., Sorbus L. Pseudomonas syringae pv. actinidiae Takikawa, Serizawa, Ichikawa, Tsuyumu & Goto [PSDMAK] Plants for planting other than seeds Actinidia Lindl. 0% Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie [PSDMPE] Propagating material of ornamental plants other than seeds 0% Prunus persica (L.) Batsch, Prunus salicina Lindl. 7 8 [ S.L. 433.31 Spiroplasma citri Saglio et al. [SPIRCI] PROPAGATION MATERIAL OF ORNAMENTAL PLANTS Propagating material of ornamental plants other than seeds 0% Citrus L., Citrus L. hybrids, Fortunella Swingle., Fortunella Swingle. hybrids, Poncirus Raf., Poncirus Raf. hybrids Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Propagating material of ornamental plants other than seeds 0% Xanthomonas euvesicatoria Jones et al. [XANTEU] Capsicum annuum L. 0% Xanthomonas gardneri (ex Šutič) Jones et al. [XANTGA] Capsicum annuum L. 0% Xanthomonas perforans Jones et al. [XANTPF] Capsicum annuum L. 0% Xanthomonas vesicatoria (ex Doidge) Vauterin et al. [XANTVE] Capsicum annuum L. 0% Prunus L. Fungi and oomycetes RNQPs or symptoms caused by RNQPs Cryphonectria parasitica (Murrill) Barr [ENDOPA] Genus or species of propagating material of ornamental plants Propagating material of ornamental plants other than seeds Threshold for the presence of RNQPs on the propagating material of the ornamental plant 0% Castanea L. Dothistroma pini Hulbary [DOTSPI] Propagating material of ornamental plants other than seeds 0% Pinus L. Dothistroma septosporum (Dorogin) Morelet [SCIRPI] Propagating material of ornamental plants other than seeds 0% Pinus L. Lecanosticta acicola (von Thümen) Sydow [SCIRAC] Propagating material of ornamental plants other than seeds Pinus L. 0% PROPAGATION MATERIAL OF ORNAMENTAL PLANTS [ S.L. 433.31 Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld [PHYTRA] Plants for planting other than pollen and seeds Camellia L., Castanea sativa Mill., Fraxinus excelsior L., Larix decidua Mill., Larix kaempferi (Lamb.) Carrière, Larix × eurolepis A. Henry, Pseudotsuga menziesii (Mirb.) Franco, Quercus cerris L., Quercus ilex L., Quercus rubra L., Rhododendron L. other than R. simsii L., Viburnum L. 0% Plasmopara halstedii (Farlow) Berlese & de Toni [PLASHA] Seeds 0% Plenodomus tracheiphilus (Petri) Gruyter, Aveskamp & Verkley [DEUTTR] Propagating material of ornamental plants other than seeds 9 Helianthus annuus L. 0% Citrus L., Citrus L. hybrids, Fortunella Swingle, Fortunella Swingle hybrids, Poncirus Raf., Poncirus Raf. hybrids Puccinia horiana P. Hennings [PUCCHN] Propagating material of ornamental plants other than seeds 0% Chrysanthemum L. Insects and mites RNQPs or symptoms caused by RNQPs Aculops fuchsiae Keifer [ACUPFU] Genus or species of propagating material of ornamental plants Propagating material of ornamental plants other than seeds Fuchsia L. Threshold for the presence of RNQPs on the propagating material of the ornamental plant 0% 10 [ S.L. 433.31 Opogona sacchari Bojer [OPOGSC] PROPAGATION MATERIAL OF ORNAMENTAL PLANTS Propagating material of ornamental plants other than seeds 0% Beaucarnea Lem., Bougainvillea Comm. ex Juss., Crassula L., Crinum L., Dracaena Vand. ex L., Ficus L., Musa L., Pachira Aubl., Palmae, Sansevieria Thunb., Yucca L. Rhynchophorus ferrugineus (Olivier) [RHYCFE] Propagating material of ornamental plants other than seeds Palmae, as regards the following genera and species Areca catechu L., Arenga pinnata (Wurmb) Merr., Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L., Brahea armata S. Watson, Brahea edulis H.Wendl., Butia capitata (Mart.) Becc., Calamus merrillii Becc., Caryota maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops humilis L., Cocos nucifera L., Corypha utan Lam., Copernicia Mart., Elaeis guineensis Jacq., Howea forsteriana Becc., Jubaea chilensis (Molina) Baill., Livistona australis C. Martius, Livistona decora (W. Bull) Dowe, Livistona rotundifolia (Lam.) 0% PROPAGATION MATERIAL OF ORNAMENTAL PLANTS [ S.L. 433.31 11 Mart., Metroxylon sagu Rottb., Phoenix canariensis Chabaud, Phoenix dactylifera L., Phoenix reclinata Jacq., Phoenix roebelenii O’Brien, Phoenix sylvestris (L.) Roxb., Phoenix theophrasti Greuter, Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H. Perrier, Roystonea regia (Kunth) O.F. Cook, Sabal palmetto (Walter) Lodd. ex Schult. & Schult.f., Syagrus romanzoffiana (Cham.) Glassman, Trachycarpus fortunei (Hook.) H. Wendl., Washingtonia H. Wendl. Nematodes RNQPs or symptoms caused by RNQPs Genus or species of propagating material of ornamental plants Threshold for the presence of RNQPs on the propagating material of the ornamental plant Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Allium L. 0% Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Propagating material of ornamental plants other than seeds 0% Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston, Galanthus L., Hyacinthus Tourn. ex L, Hymenocallis Salisb., Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Sternbergia Waldst. & Kit., Tulipa L. Viruses, viroids, virus-like diseases and phytoplasmas RNQPs or symptoms caused by RNQPs Genus or species of propagating material of ornamental plants Threshold for the presence of RNQPs on the propagating material of the ornamental plant 12 [ S.L. 433.31 PROPAGATION MATERIAL OF ORNAMENTAL PLANTS Candidatus Phytoplasma mali Seemüller & Schneider [PHYPMA] Propagating material of ornamental plants other than seeds Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Propagating material of ornamental plants other than seeds 0% Malus Mill. 0% Prunus L. Candidatus Phytoplasma pyri Seemüller & Schneider [PHYPPY] Propagating material of ornamental plants other than seeds 0% Pyrus L. Candidatus Phytoplasma solani Quaglino et al. [PHYPSO] Propagating material of ornamental plants other than seeds 0% Lavandula L. Chrysanthemum stunt viroid [CSVD00] Propagating material of ornamental plants other than seeds Argyranthemum Webb ex Sch.Bip., Chrysanthemum L 0% Citrus exocortis viroid [CEVD00] Propagating material of ornamental plants other than seeds 0% Citrus L. Citrus tristeza virus [CTV000] (EU isolates) Propagating material of ornamental plants other than seeds 0% Citrus L., Citrus L. hybrids, Fortunella Swingle, Fortunella Swingle hybrids, Poncirus Raf., Poncirus Raf. Hybrids. Impatiens necrotic spot tospovirus [INSV00] Propagating material of ornamental plants other than seeds 0% Begonia x hiemalis Fotsch, Impatiens L. New Guinea Hybrids Potato spindle tuber viroid [PSTVD0] Capsicum annuum L., 0% PROPAGATION MATERIAL OF ORNAMENTAL PLANTS [ S.L. 433.31 Plum pox virus [PPV000] 0% Propagating material of ornamental plants other than seeds Prunus armeniaca L., Prunus blireiana Andre, Prunus brigantina Vill., Prunus cerasifera Ehrh., Prunus cistena Hansen, Prunus curdica Fenzl and Fritsch., Prunus domestica L., Prunus domestica ssp.insititia (L.) C.K. Schneid, Prunus domestica ssp.italica (Borkh.) Hegi., Prunus dulcis (Miller) Webb, Prunus glandulosa Thunb., Prunus holosericea Batal., Prunus hortulana Bailey, Prunus japonica Thunb., Prunus mandshurica (Maxim.) Koehne, Prunus maritima Marsh., Prunus mume Sieb. and Zucc., Prunus nigra Ait., Prunus persica (L.) Batsch, Prunus salicina L., Prunus sibirica L., Prunus simonii Carr., Prunus spinosa L., Prunus tomentosa Thunb., Prunus triloba Lindl. — other species of Prunus L. susceptible to Plum pox virus Tomato spotted wilt tospovirus (TSWV00) Propagating material of ornamental plants other than seeds Begonia x hiemalis Fotsch, Capsicum annuum L., Chrysanthemum L., Gerbera L., Impatiens L. New Guinea Hybrids, Pelargonium L. 0% 13 [ S.L. 433.31 14 PROPAGATION MATERIAL OF ORNAMENTAL PLANTS Schedule II Additional provisions for lists of varieties of ornamental plants 1. This Schedule establishes additional implementing provisions for lists of varieties of ornamental plants as kept by suppliers pursuant to the paragraph (d) of regulation 5

(1). 2. The lists kept by suppliers shall include the following information: (

1. i)the name of the variety, together with its commonly known synonyms, where appropriate; (
2. ii)indications regarding the maintenance of the variety and the propagation system applied; (iii) description of the variety, at least on the basis of the characteristics and their expressions as specified in accordance with the provisions on the applications to be filed for Community plant variety rights, where these are applicable; (
3. iv)if possible, indications as to how the variety differs from the other varieties most closely resembling it. 3. Sub-paragraphs (
4. ii)and (
5. iv)of paragraph 2 hereof shall not apply to any supplier whose activity is confined to the placing on the market propagation material of ornamental plants. PROPAGATION MATERIAL OF ORNAMENTAL PLANTS [ S.L. 433.31 15 Schedule III Suppliers’ label or document 1. The suppliers’ label or document referred to in regulation 9 shall be of suitable material that has not previously been used and shall be printed in Maltese or in English. It shall contain the following information headings: (
6. i)indication "EC quality"; (
7. ii)indication of EU Member State code; (iii) indication of the responsible official body or its distinguishing code; (
8. iv)supplier’s registration number; (
9. v)individual serial, week or batch number; (
10. vi)botanical name; (vii) denomination of the variety, where appropriate. In the case of rootstock, the denomination of the variety or its designation; (viii) denomination of the group of plants, where appropriate; (
11. ix)quantity; (
12. x)in the case of imports from third countries pursuant to regulation 16

(2), the name of the country of production.

1. In the case where the propagation material is accompanied by a plant passport in accordance with the Act, the plant passport may constitute the suppliers’ label or document referred to in paragraph
2. Nonetheless, the indication ‘EC quality’ and an indication of the responsible official body must be given and, where appropriate, a reference to the denomination of the variety, rootstock or group of plants. In the case of imports from third countries pursuant to regulation 16

(2), the name of the country of production must also be given. This information may be on the same document as the plant passport but clearly separated.