(2)of Council Directive 2008/90/EC or, in their absence, in accordance with accepted international guidelines.

(4)S.L. 504.101 (

1. a)Varieties may be officially registered if they have been found to satisfy certain officially approved conditions and have an official description. They may also be officially registered if their material has been already marketed before the 30th September 2012 in the territory of Malta, provided that they have an officially recognised description. (
2. b)A genetically modified variety may be officially registered only if the genetically modified organism of which it consists has been authorised pursuant to Council Directive 2001/18/EC as transposed in the Deliberate Release into the Environment of Genetically Modified Organisms Regulations, (hereinafter referred to as ‘the Deliberate Release Regulations’) or pursuant to Regulation (EC) No 1829/ 2003. Where products derived from fruit trees or propagation material are intended to be used as, or in, food falling within the scope of Article 3 or as in a feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003, the variety concerned shall be officially registered only if the food or feed derived from this material has been authorised pursuant to that Regulation. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 7

(5)The requirements for the official registration referred to in sub-regulation

(4)are provided in Schedule III, taking into account current scientific and technical knowledge and covering: (

1. a)the conditions of official registration, which may include in particular, distinctness, stability and sufficient uniformity; (
2. b)the characteristics which, as a minimum, examinations of the various species must cover; the (
3. c)the minimum requirements for carrying out the examinations; (
4. d)the maximum period of validity of the official registration of a variety.

(6)Rules on the system for the notification of varieties or species or interspecific hybrids to the responsible official bodies of the Member States and on a common list of varieties are provided in Schedule III. 7.

(1)(

1. a)The responsible official body shall ensure that suppliers are officially registered in relation to the activities which they carry out under these regulations. (
2. b)Malta may decide not to apply paragraph (
3. a)to suppliers marketing only to non-professional final consumers. Specific requirements for suppliers. Amended by: L.N. 74 of 2017: L.N. 165 of 2017.

(2)It shall be ensured that pre-basic, basic, certified material as well as CAC material is produced under the responsibility of suppliers that are engaged in the production or reproduction of propagation material and fruit trees. To this effect, those suppliers shall: (

1. a)identify and monitor critical points in their production process which influence the quality of the material; (
2. b)keep information on the monitoring referred to in paragraph (
3. a)hereof available for examination when requested by the responsible official body; (
4. c)take samples where necessary for analysis in a laboratory; and (
5. d)ensure that, during production, lots of propagating material remain separately identifiable.

(3)It shall be ensured that in the case of the appearance, on the premises of a supplier, of a harmful organism listed in the Annexes to Council Directive 2000/29/EC as transposed in the Plant Quarantine (Harmful Organisms) Regulations, and their amendments or referred to in the specific requirements established pursuant to regulation 5 at a level higher than the level allowed in these specific requirements, the supplier shall report such presence to the responsible official body without delays, notwithstanding any reporting obligations under Council Directive 2000/29/EC as transposed in the Plant Quarantine (Harmful Organisms) Regulations, and their amendments and carry out any measures imposed by that body. S.L. 433.03 8 [ S.L.433.08

(4)FRUIT TREES PROPAGATION MATERIAL (

1. a)Suppliers shall keep records of their sales or purchases for at least three years when propagation material or fruit trees are marketed. (
2. b)Paragraph (
3. a)shall not apply to suppliers who are exempted from registration in accordance with subregulation

(1)(b).

(5)Detailed rules for the application of sub-regulation

(1)are provided in Schedule III and the rules for the application of subregulation

(2)are provided in Schedule IV. Labelling. Amended by: L.N. 73 of 2017. 8.

(1)Propagation material and fruit plants shall be marketed only in sufficiently homogeneous lots and if they have: (

1. a)qualified as CAC material and accompanied by a document issued by the supplier in accordance with the specific requirements established pursuant to regulation 5. If an official declaration appears on this document, it shall be clearly separate from all other information in the document; or (
2. b)qualified as pre-basic, basic or certified material and certified as such by the responsible official body, in accordance with the specific requirements established pursuant to regulation 5: Provided that the requirements in respect of propagation material or fruit trees with regard to labelling, sealing and packaging provided in Schedule II to the principal regulations shall be respected.

(2)In the case of retail supply of propagation material or fruit trees to a non-professional final consumer, requirements regarding labelling referred to in sub-regulation

(1)may be confined to appropriate product information.

(3)In the case of propagation material or fruit trees of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under these regulations shall clearly indicate that the variety has been genetically modified and shall identify the genetically modified organisms. Lot composition and identification. 9.

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

(2)If propagation material and fruit trees of different origins are put together or mixed during packaging, storage, transport or at delivery, the supplier shall keep records including the data relating to the composition of the lot and origin of its individual components. Marketing. 10.

(1)Propagation material and fruit trees may only be marketed if: (

1. a)the propagation material has been officially certified as "pre-basic material", "basic material" or "certified material" or if it meets the conditions to be qualified as FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 9 CAC material; (
2. b)the fruit trees have been officially certified as certified material or they meet the conditions to be qualified as CAC material.

(2)Propagation material and fruit trees which consist of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Council Directive 2001/18/EC as transposed in the Deliberate Release Regulations shall be placed on the market only if the genetically modified organism has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003. Where products derived from fruit trees or propagation material are intended to be used as or in food falling within the scope of Article 3 or as or in a feed falling within the scope of Article 15 of Regulation (EC) No 1829/2003, the propagation material and fruit trees concerned shall be placed on the market only if the food or the feed derived from this material has been authorised pursuant to that Regulation.

(3)Notwithstanding sub-regulation

(1), suppliers may be authorised to place on the market in Malta appropriate quantities of propagation material or fruit trees intended for: (

1. a)trials or scientific purposes; (
2. b)selection work; or (
3. c)conservation of genetic diversity: Provided that the conditions under which Member States may grant such authorisation may be adopted in accordance with the procedure referred to in Article 19

(2)of Council Directive 2008/90/EC. 11.

(1)The responsible official body may exempt: (a) from the application of regulation 8

(1), small producers all of whose production and sales of propagation material and fruit trees is intended for final use by persons on the local market who are not professionally involved in plant production (local circulation); Local circulation of plant material. (b) from the checks and official inspections provided for in regulation 12, the local circulation of propagation material and fruit trees produced by such exempt persons.

(2)Implementing measures relating to other requirements concerning the exemptions referred to in sub-regulation

(1), in particular as regards the concepts of "small producers" and "local market", and to related procedures, may be adopted in

(1)The responsible official body shall ensure that propagation material and fruit trees are officially inspected during production and marketing to verify compliance with the requirements and conditions set out in these regulations. To this effect, the Official inspections. Amended by: L.N. 165 of 2017. 10 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL responsible official body shall have free access to all parts of premises of suppliers at all reasonable times. Detailed rules for the application of this sub-regulation have been established in Schedule IV.

(2)The responsible official body may, as stipulated in notices issued by the Director, delegate the tasks provided for in these regulations to be accomplished under its authority and supervision to any legal person, whether governed by public or private law, which, under its officially approved statute, is charged exclusively with specific public functions, provided that such person, and its members, has no personal interest in the outcome of the measures it takes.

(3)Any other legal person established on behalf of the responsible official body and acting under the authority and supervision of such body may be approved in

(2)of Council Directive 2008/90/EC, provided that such person has no personal interest in the outcome of the measures it takes. Non-compliance with the legislation and enforcement. 13.

(1)It shall be ensured that propagation material and fruit trees intended for marketing, comply with the requirements of these regulations.

(2)If, during the official inspection referred to in regulation 12 or the trials referred to in regulation 17, it is found that propagation material or fruit trees do not meet the requirements of these regulations, the responsible official body shall take appropriate action to ensure that they do comply with the provisions of these regulations or, if that is not possible, to ban the marketing of that propagation material or those fruit trees in the Community.

(3)If it is found that propagation material or fruit trees marketed by a particular supplier do not comply with the requirements and conditions of these regulations, the responsible official body shall ensure that appropriate measures are taken against that supplier in line with the Act and regulations made hereunder.

(4)Any measures taken under sub-regulation

(3)shall be withdrawn as soon as it has been established with sufficient certainty that the propagation material or fruit trees intended for marketing by the supplier will, in the future, comply with the requirements and conditions of these regulations. Less stringent requirements. 14. In the event of temporary difficulties in the supply of propagation material and fruit trees satisfying the requirements of these regulations due to natural disasters or unforeseen circumstances, measures may be adopted in

(2)of Council Directive 2008/90/EC, concerning the marketing of propagation material and fruit trees meeting less stringent requirements. Marketing restrictions. 15. Propagation material and fruit trees which comply with the requirements and conditions of these regulations shall be subject to no marketing restrictions as regards suppliers, plant health, growing medium and inspection arrangements, other than those laid down in these regulations. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 16.

(1)In order to prevent trade patterns from being disrupted, Malta when importing fruit plant propagating material and fruit plants from third countries shall be allowed to apply conditions equivalent to those applicable to similar Union products in accordance with sub-regulation

(3). The application of such conditions for importation of propagating material and fruit plants pr o du c e d i n a t hi r d c ou n tr y a ffo r d in g t h e s a m e g ua r a n te e s complying with these regulations and to which the derogation mentioned in sub-regulation

(3)refers shall be allowed for a period which is consistent with the transitional period referred to in regulation

1. Equivalence. Substituted by: L.N. 270 of
2. Amended by: L.N. 87 of 2020.

(2)In accordance with the Standing Committee procedure on Propagating Material and Plants of Fruit Genera and Species, it shall be decided by the Commission whether propagating material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, c h a r a c t e r i s t i c s , p l a n t h e a l t h , g r o w i n g m ed i u m , p a c k a g i n g , inspection arrangements, marking and sealing, are equivalent in all these respects to propagating material and fruit plants produced in the Community and complying with the requirements and conditions of these regulations.

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

(2)hereof, the Directorate may, until 31st December, 2022 and without prejudice to the provisions of the Plant Quarantine (Harmful Organisms) Regulations, apply to the import of propagating material and fruit plants from third countries conditions at least equivalent to those indicated, on a temporary or permanent basis, in the specific requirements adopted pursuant to regulation 5. If such conditions are not laid down in the specific requirements, the conditions for importation must be at least equivalent to those applicable to production in Malta. S.L. 433.03

(4)Propagating material and fruit plants imported by Malta in accordance with a decision taken by the Directorate in accordance with sub-regulation

(3)shall not be subject to marketing restrictions in the other Member States as regards the matters referred to in sub-regulation

(2): Provided that notwithstanding the entry into force of these regulations, the Directorate may until 31st December, 2018, allow the importation from third countries of propagation material and fruit plants which existed prior to 30th September, 2012, which satisfy the conditions for importation prescribed in regulation 5 before 31st December, 2018. 17.

(1)Trials, or, where appropriate, tests shall be carried out at European Union level on samples to check that propagation material or fruit trees comply with the requirements and conditions laid down in these regulations, including those relating to plant health.

(2)Community comparative trials and trials may be carried out within the Community for the post-control of samples of propagation material or fruit trees placed on the market under the provisions of these regulations whether mandatory or discretionary, 11 Community monitoring. 12 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL including those relating to plant health. Transitional measures. Substituted by: L.N. 152 of

2. Malta may, until 31 December 2029, allow the marketing in its territory of seeds and seedlings produced from pre-basic, basic and certified mother plants or CAC material which existed before 1 January 2017 and have been officially certified or meet the conditions to be qualified as CAC material before 31 December
3. When marketed such materials shall be identified by a reference to this regulation on the label and a document. FRUIT TREES PROPAGATION MATERIAL Amended by: L.N. 152 of
4. [ S.L.433.08 SCHEDULE I List of genera and species The following table lists the genera and species to which these regulations apply: Table 1.1: Latin Name Castanea sativa Mill. Citrus L. Corylus avellana L. Cydonia oblonga Mill. Ficus carica L. Fortunella Swingle Fragaria L. Juglans regia L. Malus Mill. Olea europea L. Pistacia vera L. Poncirus Raf. Prunus amygdalus Batsch. Prunus armeniaca L. Prunus avium L. Prunus cerasus L. Prunus domestica L. Prunus dulcis (Mill.) D. A. Webb Prunus salicina Lindley Pyrus L. Ribes L. Rubus L. Vaccinium L. Common Name European chestnut Orange, lemon, grapefruit, mandarin, lime Hazel Quince Fig Kumquat Strawberry Walnut Apple Olive Pistachio Hardy/Bitter Orange Almond Apricot Sweet cherry Sour cherry Plum Peach Japanese plum Pear Redcurrant Blackberry Blueberry/Bilberry/Cranberry 13 14 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL SCHEDULE II Labelling, sealing and packaging requirements Added by: L.N. 73 of
5. Amended by: L.N. 144 of
7. The responsible official body shall ensure that fruit plant propagating material, hereinafter "propagating material", officially certified as pre-basic material, basic material or certified material, and fruit plants intended for fruit production, hereinafter "fruit plants", officially certified as certified material, are only marketed if they comply with the labelling, sealing and packaging requirements set out in Section I and III of this Schedule. Where appropriate, an accompanying document, as provided for in Section II, may be used to complement the label.
8. The responsible official body shall ensure that propagating material and fruit plants which qualify as CAC (Conformitas Agraria Communitatis) material are only marketed if they comply with the requirements for the supplier's document set out in Section IV. I. Label for pre-basic, basic or certified material

(1)The responsible official body shall ensure that for pre-basic, basic or certified material a label complying with paragraphs

(2)to

(5)of this Section is prepared and affixed by such body to the plants or parts of plants to be marketed as propagating material or fruit plants. Suppliers may be allowed to prepare and affix the label under the responsible official body’s supervision. The design of the label shall be established by the responsible official body, in accordance with paragraphs

(2),

(3)and

(4). Propagating material or fruit plants forming part of the same lot may be marketed with a single label where such material or such plants are part of the same package, bundle or container, and that label is affixed in accordance with the second sub-paragraph of paragraph

(5). The responsible official body may provide that fruit plants, which are one or more years old, are to be labelled individually. In this case, labelling may be carried out in the field before or during uprooting or later. Where labelling is carried out later, plants of the same lot shall be uprooted together and be kept separate from other lots in labelled containers until those plants are labelled.

(2)The label shall contain the following information: (

1. a)the indication "EU rules and standards"; (
2. b)Member State of labelling or the respective code; (
3. c)responsible official body or the respective code; (
4. d)name of supplier or its registration number/code issued by the responsible official body; (
5. e)reference number of package or bundle, individual serial number, week number or batch number; FRUIT TREES PROPAGATION MATERIAL (
6. f)[ S.L.433.08 15 botanical name; (
7. g)category, and for basic material also the generation number; (
8. h)denomination of the variety and, where appropriate, the clone. In the case of rootstocks not belonging to a variety, the name of the species or the interspecific hybrid concerned. For grafted fruit plants, such information shall be given for the rootstock and the top-graft. For varieties for which an application for official registration or for a plant variety right is pending, such information shall indicate: "proposed denomination" and "application pending"; (
9. i)the indication "variety with an officially recognised description", where appropriate; (
10. j)quantity; (
11. k)country of production and the respective code, where different from the Member State of labelling; (
12. l)year of issue; (
13. m)in case the original label is replaced by another label: the year of issue of the original label.

(3)The label shall be indelibly printed in one of the official languages of the Union, easily visible and legible.

(4)The colour of the label shall be: (

1. a)white with a diagonal violet stripe for pre-basic material; (
2. b)white for basic material; (
3. c)blue for certified material.

(5)The label shall be affixed to the plants or parts of plants to be marketed as propagating material or fruit plants. Where such plants or parts of plants are to be marketed in a package, bundle or container, the label shall be affixed to that package, bundle or container. Where, in accordance with the second sub-paragraph of paragraph

(1), propagating material or fruit plants are marketed with a single label, that label shall be affixed to the package, bundle or container formed by that propagating material or those fruit plants. II. Accompanying document for pre-basic, basic or certified material

(1)It may be provided that an accompanying document may be made by the responsible official body, or by the supplier concerned under the supervision of this body, for lots of different varieties or types of pre-basic, basic or certified material to be marketed together to complement the label referred to in Section I.

(2)The accompanying document shall fulfil the following requirements: (a) include the information set out in Section I

(2)and as indicated on the respective label; (

1. b)be written in one of the official languages of the Union; 16 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL (
2. c)be delivered at least in duplicate (supplier and recipient); (
3. d)accompany the material from the place of the supplier to the place of the recipient; (
4. e)include the name and address of the recipient; (
5. f)include the date of issue of the document; (
6. g)include, where appropriate, additional information relevant to the lots concerned.

(3)Where the information in the accompanying document contradicts the information on the label referred to in Section I, the information on that label shall prevail. III. material Sealing and packaging requirements for pre-basic, basic or certified

(1)It shall be ensured that, where pre-basic, basic or certified material is marketed in lots of two or more plants or parts of plants, those lots are sufficiently homogeneous. Plants or parts of plants making up such lots shall fulfil the requirements of points (a) or (b): (a) plants or parts of plants are in a package or container sealed as defined in paragraph

(2); or (b) plants or parts of plants form part of a bundle sealed as defined in paragraph

(2).

(2)For the purposes of these regulations, "sealing" means: in the case of a package or container, closing in such a way that it cannot be opened without damaging the closure, in the case of a bundle, tying up in such a way that the plants or parts of plants forming part of the bundle cannot be separated without damaging the tie or ties. The package, the container or bundle shall be labelled in such a way that the removal of the label renders it invalid. IV. Supplier’s document for CAC material

(1)The responsible official body shall ensure that CAC material is marketed with a document prepared by the supplier in compliance with items

(2),

(3)and

(4)hereunder, hereinafter "the supplier’s document". The responsible official body shall ensure that the supplier’s document does not resemble the accompanying document referred to in Section I or an accompanying document referred to in Section II, so as to avoid any possible confusion between those two documents.

(2)The supplier’s document shall contain at least the following information: (

1. a)the indication "EU rules and standards"; (
2. b)the name of the Member State where the document has been prepared, or the respective code; FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 17 (
3. c)the responsible official body or the respective code; (
4. d)the name of the supplier or its registration number, or code issued by the responsible official body; (
5. e)the individual serial number, week number or batch number; (
6. f)the botanical name; (
7. g)the indication "CAC material"; (
8. h)the denomination of the variety and, where appropriate, the clone. In the case of rootstocks not belonging to a variety: the name of the species or the interspecific hybrid concerned. For grafted fruit plants, such information shall be given for the rootstock and the top-graft. For varieties for which an application for official registration or for a plant variety right is pending, such information shall indicate: "proposed denomination" and "application pending"; and (
9. i)the date of issue of the document.

(3)Where the supplier’s document is affixed to the CAC material, the colour of the supplier’s document shall be yellow.

(4)The supplier’s document shall be indelibly printed in one of the official languages of the Union, clearly visible and legible.. SCHEDULE III Added by: L.N. 74 of 2017. Registration of Suppliers I. Register of suppliers

(1)The responsible official body shall keep and update a register of suppliers, as provided for in regulation 7

(1)of these regulations. That register shall be referred to hereinafter as "the register of suppliers". In addition to suppliers registered in accordance with these regulations, that register shall include suppliers accredited in accordance with the provisions of regulation 10

(1)of the Fruit Trees Propagation Material Regulations, 2010*. Where appropriate, the responsible official body shall make available the register of suppliers.

(2)The register of suppliers shall include the following information: (

1. a)the name, address and contact details of the supplier; (
2. b)the activities, within the meaning of the term "supplier" in regulation 3 of these regulations that are exercised by the supplier in Malta, the address of the premises involved and the main genera or species concerned; and (
3. c)the registration number or code. *promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010. 18 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL

(3)The responsible official body shall ensure that it removes a natural or legal person from the register of suppliers, if it is established that that person no longer exercises any activity within the meaning of term "supplier" in regulation 3 of these regulations. II. Notification obligation of suppliers

(1)The responsible official body shall ensure that suppliers notify the information referred to in Section I point

(2)(a) and (b). No notification shall, however, be required from suppliers accredited in accordance with regulation 10

(1)of the Fruit Trees Propagation Material Regulations, 2010*.

(2)The responsible official body shall ensure that suppliers notify any change in their situation concerning the information referred to in Section I point

(2)(a) and (b).

(3)The responsible official body shall ensure that suppliers are informed of their registration and of any modifications thereto within a time period to be laid down by national legislation. Registration of Varieties III. Variety register

(1)The responsible official body shall keep, update and publish a register of varieties (hereinafter "variety register"). In addition to varieties registered in accordance with these regulations, the variety register shall include varieties registered before 30 September 2012 in accordance with regulation 8

(3)of the Fruit Trees Propagation Material Regulations, 2010† and varieties registered in accordance with the second sentence of regulation 6

(4)(a) of these regulations.

(2)The variety register shall include the following information: (

1. a)the denomination of the variety and synonyms; (
2. b)the species the variety belongs to; (
3. c)the indication "official description" or "officially recognised description", as appropriate; (
4. d)the date of registration, or, where applicable, of renewal of registration; (
5. e)the end of validity of registration.

(3)The responsible official body shall keep a file for each variety it registers. That file shall contain a description of the variety and a summary of all the facts relevant to the registration of the variety. IV. Conditions for registration of varieties *promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010. †promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 19

(1)The responsible official body shall ensure that a variety is registered as a variety with an official description if it fulfils the following requirements: (a) it is distinct, uniform and stable within the meaning of point

(2)of this Section; (

1. b)a sample of the variety is available; and (
2. c)as regards genetically modified varieties, the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2)A variety shall be considered as: (

1. a)"distinct" where it is clearly distinguishable, by reference to the expression of the characteristics that result from a particular genotype or combination of genotypes, from any other variety commonly known at the date of the application referred to in Section V; (
2. b)"uniform" where, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in the expression of those characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description; (
3. c)"stable" where the expression of the characteristics which are included in the examination for distinctness, as well as any other characteristics used for the variety description, remains unchanged after repeated propagation or, in the case of micro propagation at the end of each cycle. V. Application for registration of a variety

(1)For registration of a variety as a variety with an official description, the responsible official body shall require to receive a written application.

(2)The application shall be accompanied by the following: (

1. a)the information required by the technical questionnaires set out at the time of application: (i)in Annex II to the "Protocols for distinctness, uniformity and stability tests" of the Administrative Council of the Community Plant Variety Office (CPVO) for the relevant species for which such a protocol has been published; or, where no such protocols have been published, (ii)in Section X of the "Test guidelines for the conduct of tests for distinctness, uniformity and stability" of the International Union for the Protection of new Varieties of Plants (UPOV) and the Annex to the Test guideline concerned for the relevant species for which such guidelines have been published; or, where no such guidelines have been published, (iii)in national provisions; (
2. b)information on whether the variety is officially registered in another Member State, or is the subject of an application for such a registration 20 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL in another Member State; (
3. c)a proposed denomination; (
4. d)in the case of a genetically modified variety, evidence that the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(3)The applicant may submit any of the following with its application: (a) an official description established, in accordance with point

(5)of Section VI, by a responsible official body of another Member State; (b) VI. any other relevant information. Examination of applications

(1)It shall be ensured that, where the responsible official body receives an application for registration of a variety as a variety with an official description, an examination of that variety is performed in accordance with points

(2),

(3)and

(4)of this Section.

(2)Growing trials shall be carried out to establish an official description of the variety. Where the applicant submits information in accordance with point

(3)(a) of Section V and the responsible official body considers that this information shows that the conditions for registration provided for in Section IV are fulfilled, no growing trials shall, however, be carried out. Where growing trials are to be carried out, the responsible official body shall request a sample of the material of the variety.

(3)The growing trials referred to in point

(2)of this Section shall be performed by: (

1. a)the responsible official body receiving the application; or (
2. b)the responsible official body of another Member State having agreed to perform those trials; or (
3. c)any legal person, in accordance with regulation 12

(2)of these regulations. Where point (c) applies and trials are carried out on the premises of private enterprises, the responsible official body shall ensure that no measures are applied that might interfere with the official examination.

(4)The growing trials shall be performed in accordance with the following provisions as regards trial design, growing conditions and characteristics of the variety to be covered as a minimum: (

1. a)the "Protocols for distinctness, uniformity and stability tests" of the Administrative Council of the Community Plant Variety Office (CPVO) applicable at the beginning of the technical examination; or, where no protocols have been published for the relevant species, FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 21 (
2. b)the "Test guidelines for the conduct of tests for distinctness, uniformity and stability" of the International Union for the Protection of New Varieties of Plants (UPOV) applicable at the beginning of the technical examination; or, where no guidelines have been published for the relevant species, (
3. c)national provisions.

(5)If, based on the examination referred to in point

(1)of this Section, the responsible official body concludes that the variety concerned fulfils the conditions of Section V it shall establish an official description and include that variety in the variety register. VII. Period of validity of variety registration

(1)The maximum period of validity of the registration of a variety shall be 30 years. In the case of genetically modified varieties, the validity of the registration shall be limited to the period for which the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003. VIII. Renewal of variety registration

(1)The responsible official body shall ensure that the registration of a variety may be renewed for further maximum periods of 30 years, provided that material of that variety is still available. In the case of a genetically modified variety, renewal shall, in addition, be subject to the condition that the respective genetically modified organism continues to be authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003. The renewal period shall be limited to the period of authorisation of the genetically modified organism concerned.

(2)For renewal of the registration, the responsible official body shall require to receive a written application. The application shall be accompanied by evidence showing that the conditions set out in point

(1)of this Section are fulfilled. The responsible official body may, however, renew the registration of a variety for which no written application has been submitted, where it considers that renewal serves to preserve genetic diversity and sustainable production or serves another general interest. IX. Removal of a variety from the variety register

(1)The responsible official body shall ensure that a variety is removed from the variety register if: (

1. a)the conditions for registration, as set out in Section IV, are no longer fulfilled; (
2. b)at the time of the application for registration or during examination, false or fraudulent particulars had been supplied concerning the 22 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL facts on the basis of which the variety was registered. X. Notifications

(1)The responsible official body shall notify to the responsible official bodies of the other Member States and the European Commission the information required to access the variety register of the Member State concerned.

(2)The responsible official body shall notify the European Commission as soon as possible of the inclusion of a variety in its variety register, and any other amendment to its variety register.

(3)The responsible official body shall, on request, make available to another Member State or the European Commission: (

1. a)the official or officially recognised description of varieties registered in the variety register of Malta; (
2. b)the results of examinations of applications for registration of varieties performed by Malta pursuant to Section VI; (
3. c)any other information available in respect of varieties included in the variety register of Malta or removed from that register; (
4. d)the list of varieties for which applications for registration are pending in Malta. Common List of Varieties XI. Common list The European Commission shall, on the basis of the information received pursuant to point

(2)of Section X, establish, regularly update and publish in an electronic format a common list of the varieties included in the variety registers of the Member States. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 SCHEDULE IV SECTION I 23 Added by: L.N. 165 of 2017. Amended by: L.N. 385 of 2020. Amended by: L.N. 152 of 2023. General provisions 1.

(1)The responsible official body shall ensure that propagating material and fruit plants belonging to the genera and species listed in Schedule I comply, during production and marketing, with points 2 to 26 of this Schedule.

(2)The responsible official body shall ensure that, during production of propagating material and fruit plants belonging to the genera and species listed in Schedule I, suppliers comply with the requirements set out in points 27 and 28.

(3)The responsible official body shall ensure that, during production and marketing, propagating material and fruit plants, belonging to the genera and species listed in Schedule I, are officially inspected in accordance with point 29.

(4)Propagating material that fulfils the requirements of a certain category shall not be mixed with material of other categories. SECTION II PART I Requirements for pre-basic material Requirements for certification of pre-basic material 2.

(1)Propagating material, other than mother plants and other than rootstocks not belonging to a variety, shall, on request, be officially certified as prebasic material if it has been found to fulfil the following requirements: (

1. a)it is directly propagated from a mother plant in accordance with point 12 or point 13; (
2. b)it is true to the description of its variety and its trueness to the description of the variety is verified pursuant to point 6; (
3. c)it is maintained pursuant to point 7; (
4. d)it complies with the health requirements of point 9; (
5. e)where the European Commission has granted a derogation pursuant to point 7

(4)to grow pre-basic mother plants and pre-basic material in the field under non-insect proof conditions, the soil complies with point 10; (f)

(2)it complies with point 11 concerning defects. The mother plant referred to in paragraph

(1)(a) shall either have been 24 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL accepted in accordance with point 4, or have been obtained by multiplication in accordance with point 12 or micropropagation in accordance with point 13.

(3)Where a pre-basic mother plant or pre-basic material no longer fulfils the requirements of points 7 to 11, the supplier shall remove it from the vicinity of other pre-basic mother plants and pre-basic material. That removed mother plant or material may be used as basic, certified or CAC material provided that it fulfils the requirements set out in these regulations for the respective categories. Instead of removing that mother plant or that material, the supplier may take appropriate measures in order to ensure that that mother plant or that material complies with those requirements again. Requirements for the certification of rootstocks not belonging to a variety as pre-basic material 3.

(1)A rootstock not belonging to a variety, shall, on request, be officially certified as pre-basic material if it has been found to fulfil the following requirements: (

1. a)it is directly propagated, by vegetative or sexual propagation from a mother plant; in the case of sexual propagation pollinating trees (pollenisers) are directly produced by vegetative propagation from a mother plant; (
2. b)it is true to the description of its species; (
3. c)it is maintained pursuant to point 7; (
4. d)it complies with the health requirements of point 9; (
5. e)where the European Commission has granted a derogation pursuant to point 7

(4)to grow pre-basic mother plants and pre- basic material in the field under non-insect proof conditions, the soil complies with point 10; (f) it complies with point 11 concerning defects.

(2)The mother plant referred to in paragraph

(1)(a) shall either have been accepted in accordance with point 4, or have been obtained by multiplication in accordance with point 12 or micropropagation in accordance with point 13.

(3)Where a rootstock which is a pre-basic mother plant or pre-basic material no longer fulfils the requirements of points 7 to 11, the supplier shall remove it from the vicinity of other pre-basic mother plants and pre-basic material. That removed rootstock may be used as basic, certified or CAC material provided that it fulfils the requirements set out in this Schedule for the respective categories. Instead of removing that rootstock, the supplier may take appropriate measures in order to ensure that that rootstock complies with those requirements again. Requirements for the acceptance of a pre-basic mother plant 4.

(1)The responsible official body shall accept a plant as a pre-basic FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 25 mother plant if it complies with points 6 to 11, and if its trueness to the description of its variety is established in accordance with paragraphs

(2)to

(4). That acceptance shall take place on the basis of an official inspection and the testing results, records and procedures pursuant to point 29.

(2)The responsible official body shall establish the trueness of the pre-basic mother plant to the description of its variety by the observation of the expression of the characteristics of the variety. That observation shall be based on one of the following elements: (

1. a)the official description for varieties registered in any of the national registers, and for varieties legally protected by a plant variety right; (
2. b)the description accompanying the application for varieties which are the subject of an application for registration in any Member State, as referred to in Article 5

(1)of Commission Implementing Directive 2014/97/EU; (

1. c)the description accompanying the application for varieties which are the subject of an application for registration of a plant variety right; (
2. d)the officially recognised description, if the variety subject to that description is registered in a national register.

(3)Where sub-paragraphs (

1. b)or (
2. c)of paragraph

(2)applies, the pre-basic mother plant shall only be accepted if a report, produced by any responsible official body in the Union or in a third country, is available proving that the respective variety is distinct, uniform and stable. However, pending the registration of the variety, the mother plant concerned and the material produced from it may only be used for the production of basic or certified material and shall not be marketed as pre-basic, basic or certified material.

(4)Where the establishment of the trueness to the description of the variety is only possible on the basis of the characteristics of a fruiting plant, the observation of the expression of the characteristics of the variety shall be carried out on the fruits of a fruiting plant propagated from the pre-basic mother plant. Those fruiting plants shall be kept separate from the pre-basic mother plants and pre-basic material. Fruiting plants shall be visually inspected in the most appropriate periods of the year taking into account climatic and growing conditions of plants of the genera or species concerned. Requirements for the acceptance of a rootstock not belonging to a variety 5.

(1)The responsible official body shall accept a rootstock not belonging to a variety as a pre-basic mother plant if it is true to the description of its species and if it complies with points 7 to

1. That acceptance shall take place on the basis of an official inspection and the testing results, records and procedures used by the supplier pursuant to point
2. 26 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL Verification of trueness to the description of the variety 6.

(1)The responsible official body and, where appropriate, the supplier shall regularly verify the trueness of pre-basic mother plants and of pre-basic material to the description of their variety, in accordance with points 4

(2)and

(3), as appropriate for the variety concerned and the propagation method used. In addition to the regular verification of pre-basic mother plants and pre-basic material, the responsible official body and, where appropriate, the supplier shall, after each renewal, verify the pre-basic mother plants resulting from it. Requirements concerning the maintenance of pre-basic mother plants and pre-basic material 7.

(1)The suppliers shall maintain pre-basic mother plants and pre-basic material in facilities, which are designated for the genera or species concerned and which are insect proof and ensure freedom from infection through aerial vectors and any other possible sources throughout the production process. Candidate pre-basic mother plants shall be kept under insect proof conditions, and physically isolated from pre-basic mother plants in the facilities referred to in the first sub-paragraph, until all tests concerning compliance with points 8

(1)and

(2)have been concluded.

(2)Pre-basic mother plants and pre-basic material shall be maintained in a manner that ensures that they are individually identified throughout the production process.

(3)Pre-basic mother plants and pre-basic material shall be grown or produced, isolated from the soil, in pots of soil-free or of sterilised growing media. They shall be identified by labels ensuring their traceability.

(4)By way of derogation from paragraphs

(1)to

(3), Malta may be granted authorisation to produce pre-basic mother plants and pre-basic material in the field under non-insect proof conditions for specific genera or species. Such material shall be identified by labels to ensure its traceability. That authorisation shall be granted provided that Malta ensures that appropriate measures are taken to prevent infection of the plants by aerial vectors, root contact, cross infection by machinery, grafting tools and any other possible sources.

(5)Pre-basic mother plants and pre-basic material may be maintained by cryopreservation.

(6)Pre-basic mother plants may only be used for a period calculated on the basis of the stability of the variety or the environmental conditions under which they are grown and any other determinants having an impact on the stability of the variety. Health requirements for candidate pre-basic mother plants and for pre-basic mother plants produced by renewal 8.

(1)A candidate pre-basic mother plant shall be free from the pests listed in Schedule A, as regards the genus or species concerned. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 27 The candidate pre-basic mother plant concerned shall, by visual inspection in the facilities and fields be found free from the pests listed in Schedule A, as regards the genus or species concerned. That visual inspection shall be carried out by the responsible official body and, where appropriate, the supplier. In case of doubts concerning the presence of those pests, the responsible official body and, where appropriate, the supplier shall carry out sampling and testing of the candidate pre-basic mother plant concerned.

(2)A candidate pre-basic mother plant shall be free from the pests listed in Schedule B, as regards the genus or species concerned. The candidate pre-basic mother plant concerned shall, by visual inspection in the facilities and fields, and by sampling and testing, be found free from the pests listed in Schedule B, as regards the genus or species concerned. That visual inspection, sampling and testing shall be carried out by the responsible official body and, where appropriate, the supplier. That sampling and testing shall take place in the most appropriate period of the year taking into account the climatic conditions and the growing conditions of the plant and the biology of the pests relevant for that plant. Sampling and testing shall also take place at any time of the year in case of doubts concerning the presence of those pests.

(3)As regards the sampling and testing, as provided for in paragraphs

(1)and

(2), the responsible official body shall apply protocols of the European and Mediterranean Plant Protection Organization (EPPO) or other protocols which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant protocols established at national level. In that case, Malta shall, on request, make available those protocols to the other Member States and to the European Commission. The responsible official body and, where appropriate, the supplier shall submit the samples to laboratories officially accepted by the responsible official body. The testing method for viruses, viroids, virus-like diseases and phytoplasmas applied to candidate pre-basic mother plants shall be biological indexing on indicator plants. Other test methods may be applied in case the responsible official body considers, on the basis of peer reviewed scientific evidence, to produce results as reliable as biological indexing on indicator plants.

(4)By way of derogation from paragraph

(2), where a candidate pre-basic mother plant is a seedling, visual inspection, sampling and testing shall only be required in respect of viruses, viroids or virus-like diseases transmitted by pollen and listed in Schedule B, as regards the genus or species concerned, provided that an official inspection has confirmed that the seedling concerned was grown from a seed produced by a plant free from symptoms caused by those viruses, viroids and virus-like diseases and that that seedling has been maintained in accordance with points 7

(1)and

(3). 28 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL

(5)Paragraphs

(1)and

(3)shall also apply to a pre-basic mother plant produced by renewal. A pre-basic mother plant produced by renewal shall be free from the viruses and viroids listed in Schedule B, as regards the genus or species concerned. That pre-basic mother plant shall, by visual inspection in the facilities, fields and lots, and by sampling and testing, be found free from those viruses and viroids. That visual inspection, sampling and testing shall be carried out by the responsible official body and, where appropriate, the supplier. Health requirements for pre-basic mother plants and for pre-basic material 9.

(1). A pre-basic mother plant or pre-basic material shall, by visual inspection in the facilities, fields and lots, be found free from the regulated nonquarantine pests (RNQPs), listed in Schedules A and B, and subject to the requirements of Schedule D, as regards the genus or species concerned. That visual inspection shall be carried out by the Directorate and, where appropriate, the supplier. The Directorate and, where appropriate the supplier, shall carry out sampling and testing of the pre-basic mother plant or pre-basic material for the RNQPs listed in Schedule B, and subject to the requirements of Schedule D, with regard to the genus or species concerned and category. In case of doubts concerning the presence of the RNQPs listed in Schedule A, the Directorate and, where appropriate the supplier, shall carry out sampling and testing of the pre-basic mother plant or pre-basic material concerned.

(2). As regards sampling and testing, as provided for in paragraph

(1), the Directorate shall apply protocols of EPPO, or other internationally recognised protocols. Where such protocols do not exist, the Directorate shall apply the relevant protocols established for Malta. In that case, the Directorate shall, on request, make available those protocols to the other Member States and to the European Commission. The Directorate and, where appropriate, the supplier shall submit the samples to laboratories officially accepted by Directorate.

(3). In the case of a positive test result for any of the RNQPs, listed in Schedules A and B, as regards the genus or species concerned, the supplier shall remove the infested pre-basic mother plant or pre-basic material from the vicinity of other pre-basic mother plants and pre-basic material pursuant to items 2

(3)and 3

(3)of Part I, Section II of Schedule IV, or take appropriate measures pursuant to Schedule D.

(4). The measures to ensure compliance with the requirements of paragraph

(1)are set out in Schedule D, with regard to the genus or species concerned and category.

(5). Paragraph

(1)shall not apply to: (

1. a)pre-basic mother plants and pre-basic material during cryopreservation; FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 29 (
2. b)pre-basic material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4

(1995), Rome, IPPC, FAO 2017). Soil requirements for pre-basic mother plants and pre-basic material 10.

(1)Pre-basic mother plants and pre-basic material may only be grown in soil that is free from any pests which are listed in Schedule C, for the genus or species concerned, and which host viruses affecting that genus or species. Freedom from such pests shall be established by sampling and testing. That sampling shall be carried out by the responsible official body and, where appropriate, the supplier. That sampling and testing shall be carried out before the pre-basic mother plants or the pre-basic material concerned is planted, and it shall be repeated during growth where there is suspicion concerning the presence of the pests referred to in subparagraph

(1). That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests listed in Schedule C, and where those pests are relevant for the pre-basic mother plants or the pre-basic material concerned.

(2)Sampling and testing shall not be carried out where plants which are hosts for the pests listed in Schedule C, for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil. Sampling and testing shall not be carried out when the responsible official body concludes on the basis of an official inspection that the soil is free from any pests which are listed in Schedule C, for the genus or species concerned, and which host viruses affecting that genus or species.

(3)In the case of sampling and testing as referred to in paragraph

(1), the responsible official body shall apply protocols of the EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant protocols established at national level. In that case, the responsible official body shall, on request, make available those protocols to the other Member States and to the European Commission. Requirements concerning defects likely to impair quality 11. Pre-basic mother plants and pre-basic material shall be found practically free from defects on the basis of visual inspection. That visual inspection shall be carried out by the responsible official body and, where appropriate, the supplier. Injuries, discoloration, scar tissues or desiccation shall be considered as defects, if they affect the quality and usefulness as propagating material. Requirements concerning multiplication, renewal and propagation of pre-basic mother plants 30 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL 12.

(1)The supplier may multiply or renew a pre-basic mother plant accepted in accordance with point 4

(1).

(2)material. The supplier may propagate a pre-basic mother plant to produce pre-basic

(3)Multiplication, renewal and propagation of pre-basic mother plants shall take place in accordance with the protocols referred to in paragraph

(4).

(4)The responsible official body shall apply protocols concerning multiplication, renewal and propagation of pre-basic mother plants. The responsible official body shall apply protocols of EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply relevant protocols established at national level. In that case, the responsible official body shall, on request, make available those protocols to the other Member States and to the European Commission. The protocols referred to in sub-paragraph

(1)of this paragraph shall have been tested on the relevant genera or species for a period of time considered appropriate for those genera or species. That period of time shall be considered appropriate when it allows phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks.

(5)The supplier may only renew the pre-basic mother plant before the end of the period referred to in point 7

(6). Requirements concerning multiplication, renewal and propagation by micropropagation of pre-basic mother plants 13.

(1)In the case of multiplication, renewal and propagation by micropropagation of pre-basic mother plants, for the production of other pre-basic mother plants or pre-basic material, it shall take place in accordance with the protocols set out in paragraph

(2).

(2)The responsible official body shall apply protocols concerning micropropagation of pre-basic mother plants and pre-basic material which are protocols of EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply relevant protocols established at national level. In that case, the responsible official body shall, on request, make available those protocols to the other Member States and to the European Commission. The responsible official body shall only apply protocols which have been tested on the relevant genus or species for a period of time considered sufficient to allow phenotype validation of the plants as regards the trueness to the description of the variety based on the observation of the fruit production or of the vegetative development of rootstocks. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 31 PART II Requirements for basic material Requirements for the certification of basic material 14.

(1)Propagating material, other than basic mother plants and other than rootstocks not belonging to a variety, shall, on request, be officially certified as basic material if it fulfils the requirements of paragraphs

(2)to

(4).

(2)The propagating material shall be propagated from a basic mother plant. A basic mother plant shall fulfil one of the following requirements: (

1. a)be grown from pre-basic material; or (
2. b)be produced by multiplication from a basic mother plant in accordance with point 18.

(3)The propagating material shall fulfil the requirements set out in point 6, point 7

(6)and point 11.

(4)The propagating material shall fulfil the additional requirements concerning: (

1. a)health, as set out in point 15; (
2. b)soil, as set out in point 16; (
3. c)maintenance of basic mother plants and basic material as set out in point 17; and (
4. d)specific conditions for propagation, as set out in point 18.

(5)A rootstock not belonging to a variety, shall, on request, be officially certified as basic material if it is true to the description of its species, it fulfils the requirements set out in points 7

(2)and

(6), and the additional requirements of points 11, 15, 16, 17 and 18.

(6)For the purpose of this Part, any reference in the provisions referred to in paragraphs

(3)and

(5)to pre-basic mother plants shall be construed as reference to basic mother plants, and any reference to pre-basic material shall be construed as reference to basic material.

(7)Where a basic mother plant or basic material no longer fulfils the requirements of point 6, points 7

(2)and

(6)and points 11, 15 and 16, the supplier shall remove it from the vicinity of other basic mother plants and basic material. That removed mother plant or material may be used as certified or CAC material provided that it fulfils the requirements set out in this Schedule for the respective categories. Instead of removing that mother plant or that material, the supplier may take appropriate measures in order to ensure that that mother plant or that material complies with those requirements again. 32 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL

(8)Where a rootstock not belonging to a variety is a basic mother plant or basic material that no longer fulfils the requirements of points 7

(2)and

(6)and points 11, 15 and 16, the supplier shall remove it from the vicinity of other basic mother plants and basic material. That removed rootstock may be used as certified or CAC material provided that it fulfils the requirements set out in this Schedule concerning the respective categories. Instead of removing that rootstock, the supplier may take appropriate measures in order to ensure that that rootstock complies with those requirements again. Health requirements for basic mother plants and basic material 15.

(1). A basic mother plant or basic material shall, by visual inspection in the facilities, fields and lots, be found free from the RNQPs, listed in Schedules A and B, and subject to the requirements of Schedule D, as regards the genus or species concerned. That visual inspection shall be carried out by the Directorate and, where appropriate, the supplier. The Directorate and, where appropriate the supplier, shall carry out sampling and testing of the basic mother plant or basic material for the RNQPs listed in Schedule B, and subject to the requirements of Schedule D, with regard to the genus or species concerned and category. In case of doubts concerning the presence of the RNQPs listed in Schedule A, the Directorate and, where appropriate, the supplier shall carry out sampling and testing of the basic mother plant or basic material concerned.

(2). As regards sampling and testing, as provided for in paragraph

(1), the Directorate shall apply protocols of EPPO, or other internationally recognised protocols. Where such protocols do not exist, the Directorate shall apply the relevant protocols established for Malta. In that case, the Directorate shall, on request, make available those protocols to the other Member States and to the European Commission. The Directorate and, where appropriate, the supplier shall submit samples to laboratories officially accepted by the Directorate.

(3). In the case of a positive test result for any of the RNQPs, listed in Schedules A and B, as regards the genus or species concerned, the supplier shall remove the infested basic mother plant or basic material from the vicinity of other basic mother plants and basic material pursuant to items 14

(7)and 14

(8)of Part II, Section II of Schedule IV, or take appropriate measures pursuant to Schedule D.

(4). The measures to ensure compliance with the requirements of paragraph

(1)are set out in Schedule D, with regard to the genus or species concerned and category.

(5). Paragraph

(1)shall not apply to: (

1. a)basic mother plants and basic material during cryopreservation; (
2. b)basic material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4 FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 33

(1995), Rome, IPPC, FAO 2017).. Soil requirements for basic mother plants and basic material 16.

(1)Basic mother plants and basic material may only be grown in soil that is free from any pests which are listed in Schedule C, for the genus or species concerned, and which host viruses affecting that genus or species. Freedom of such pests hosting viruses shall be established by sampling and testing. That sampling shall be carried out by the responsible official body and, where appropriate, the supplier. That sampling and testing shall be carried out before the basic mother plants or the basic material concerned is planted and it shall be repeated during growth where there is suspicion concerning the presence of the pests referred to in sub-paragraph

(1). That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests listed in Schedule C, and where those pests are relevant for the basic mother plants or the basic material concerned.

(2)Sampling and testing shall not be carried out where plants which are hosts for the pests listed in Schedule C, for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil. Sampling and testing shall not be carried out when the responsible official body concludes on the basis of an official inspection that the soil is free from any pests which are listed in Schedule C, for the genus or species concerned, and which host viruses affecting that genus or species.

(3)In the case of sampling and testing as referred to in paragraph

(1), the responsible official body shall apply protocols of EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant protocols established at national level. In that case, the responsible official body shall, on request, make available those protocols to the other Member States and to the European Commission. Requirements concerning the maintenance of basic mother plants and basic material 17.

(1)Basic mother plants and basic material shall be maintained in fields isolated from potential sources of infection by aerial vectors, root contact, cross infection by machinery, grafting tools and any other possible sources.

(2)The isolation distance of the fields referred to in paragraph

(1)shall depend on regional circumstances, the type of propagating material, the presence of pests in the area concerned and the relevant risks involved as set out by the responsible official body based on official inspection. Conditions for multiplication 18.

(1)The basic mother plants which are grown from pre-basic material 34 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL within the meaning of point 14

(2)(a) may be multiplied in a number of generations to obtain the necessary number of basic mother plants. The basic mother plants shall be multiplied in accordance with point 12 or shall be multiplied by micropropagation in accordance with point 13. The maximum permitted number of generations, and the maximum permitted life span of basic mother plants, shall be as set out in Schedule E for the relevant genera or species.

(2)Where multiple generations of basic mother plants are permitted, each generation, other than the first one, may derive from any previous generation.

(3)Propagating material of different generations shall be kept separately. Amended by: L.N. 152 of 2023. PART III Requirements for certified material Requirements for certification of certified material 19.

(1)Propagating material, other than mother plants, and fruit plants shall, on request, be officially certified as certified material if they fulfil the requirements set out in paragraphs

(2)to

(4).

(2)The propagating material, and fruit plants, shall be propagated from a certified mother plant. A certified mother plant shall fulfil one of the following requirements: (a) be grown from pre-basic material; (b) be grown from basic material.

(3)The propagating material, and fruit plants, shall fulfil the requirements set out in points 6, 7

(6)and points 11, 20 and 21.

(4)The propagating material, and fruit plants, shall fulfil the health requirements set out in point 20. The propagating material and fruit plants shall be propagated from a certified mother plant which fulfils the soil requirements of point 21.

(5)A rootstock not belonging to a variety, shall, on request, be officially certified as certified material if it is true to the description of its species, it fulfils the requirements set out in point 7

(6)and the additional requirements of points 11, 20 and 21.

(6)For the purpose of this Part, any reference in the provisions referred to in paragraphs

(3)and

(5)to pre-basic mother plants shall be construed as reference to certified mother plants, and any reference to pre-basic material shall be construed as reference to certified material. FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 35

(7)Where a certified mother plant or certified material no longer fulfils the requirements of point 6, point 7

(6)and points 11, 20 and 21, the supplier shall remove it from the vicinity of other certified mother plants and certified material. That removed mother plant or material may be used as CAC material provided that if fulfils the requirements set out in Part IV. Instead of removing that mother plant or that material, the supplier may take appropriate measures in order to ensure that that mother plant or that material complies with those requirements again.

(8)Where a rootstock not belonging to a variety is a certified mother plant or certified material that no longer fulfils the requirements of points 7

(6)and points 11, 20 and 21, the supplier shall remove it from the vicinity of other certified mother plants and certified material. That removed mother plant or material may be used as CAC material provided that it fulfils the requirements set out in Part IV. Instead of removing that rootstock, the supplier may take appropriate measures in order to ensure that that rootstock complies with those requirements again. Health requirements for certified mother plants and certified material 20.

(1). A certified mother plant or certified material shall, by visual inspection in the facilities, fields and lots, be found free from the RNQPs, listed in Schedules A and B, and subject to the requirements of Schedule D, as regards the genus or species concerned. That visual inspection shall be carried out by the Directorate and, where appropriate, the supplier. The Directorate and, where appropriate the supplier, shall carry out sampling and testing of the certified mother plant or certified material, for the RNQPs listed in Schedule B, and subject to the requirements of Schedule D, with regards to the genus or species concerned and category. In case of doubts concerning the presence of the RNQPs listed in Schedule A, the Directorate and, where appropriate, the supplier shall carry out sampling and testing of the certified mother plant or certified material concerned.

(2). As regards sampling and testing, as provided for in paragraph

(1), the Directorate shall apply protocols of EPPO, or other internationally recognised protocols. Where such protocols do not exist, the Directorate shall apply the relevant protocols established for Malta. In that case, the Directorate shall, on request, make available those protocols to the other Member States and to the Commission. The Directorate and, where appropriate, the supplier shall submit samples to laboratories officially accepted by the Directorate.

(3). In the case of a positive test result for any of the RNQPs, listed in Schedules A and B, as regards the genus or species concerned, the supplier shall remove the infested certified mother plant or certified material from the vicinity of other certified mother plants and certified material pursuant to items 19

(7)or 19

(8)of Schedule IV, or take appropriate measures pursuant to Schedule D.

(4). The measures to ensure compliance with the requirements of paragraph

(1)36 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL are set out in Schedule D, with regard to the genus or species concerned and category.

(5). Paragraph

(1)shall not apply to: (

1. a)certified mother plants and certified material during cryopreservation; (
2. b)certified material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4

(1995), Rome, IPPC, FAO 2017).. Soil requirements for certified mother plants and certified material 21.

(1)Certified mother plants may only be grown in soil that is free from any pests which are listed in Schedule C, for the genus or species concerned, and which host viruses affecting that genus or species. Freedom of such pests hosting viruses shall be established by sampling and testing. That sampling shall be carried out by the responsible official body and, where appropriate, the supplier. That sampling and testing shall be carried out before the certified mother plant concerned is planted, and it shall be repeated during growth where there is suspicion concerning the presence of the pests referred to in sub-paragraph

(1). That sampling and testing shall be carried out taking into account the climatic conditions and the biology of the pests listed in Schedule C, and where those pests are relevant for the certified mother plants or the certified material concerned.

(2)Sampling and testing shall not be carried out where plants which are hosts for the pests listed in Schedule C, for the genus or species concerned, have not been grown in the soil of production for a period of at least five years and where there is no doubt concerning the absence of the relevant pests in that soil. Sampling and testing shall not be carried out when the responsible official body concludes on the basis of an official inspection that the soil is free from any pests which are listed in Schedule III, for the genus or species concerned, and which host viruses affecting that genus or species. Unless otherwise stated, sampling and testing shall not be carried out in the case of certified fruit plants.

(3)In the case of sampling and testing as referred to in paragraph

(1), the responsible official body shall apply protocols of EPPO, or other protocols which are internationally recognised. Where such protocols do not exist, the responsible official body shall apply the relevant protocols established at national level. In that case, the responsible official body shall, on request, make available those protocols to the other Member States and to the European Commission. FRUIT TREES PROPAGATION MATERIAL Amended by: L.N. 152 of 2023. [ S.L.433.08 37 PART IV Requirements for CAC material Conditions for CAC material, other than rootstocks not belonging to a variety 22.

(1)CAC material, other than rootstocks not belonging to a variety, may only be marketed if it has been found to fulfil the following requirements: (

1. a)it is propagated from an identified source of material recorded by the supplier; (
2. b)it is true to the description of the variety, in accordance with point (
3. c)it complies with the health requirements of point 25; (
4. d)it complies with point 26 concerning defects. 24;

(2)supplier. The actions to comply with paragraph

(1)shall be carried out by the

(3)In case CAC material no longer complies with paragraph

(1), the supplier shall carry out one of the following actions: (

1. a)remove that material, from the vicinity of other CAC material; or (
2. b)take appropriate measures to ensure that that material complies with those requirements again. Conditions for CAC material in the case of rootstocks not belonging to a variety 23.

(1)In the case of rootstocks not belonging to a variety, CAC material shall comply with the following requirements: (

1. a)it is true to the description of its species; (
2. b)it complies with the health requirements of point 25; (
3. c)it complies with point 26 concerning defects.

(2)The actions to comply with the requirements of paragraph

(1)shall be carried out by the supplier.

(3)In case CAC material no longer complies with the requirements of paragraph

(1)the supplier shall carry out one of the following actions: (

1. a)remove that material, from the vicinity of other CAC material; or 38 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL (
2. b)take appropriate measures to ensure that that material complies with those requirements again. Trueness to the description of the variety 24.

(1)The trueness of CAC material to the description of its variety shall be established by the observation of the expression of the characteristics of the variety. That observation shall be based on one of the following elements: (

1. a)the official description for registered varieties, as referred to in Implementing Directive 2014/97/EU and for varieties legally protected by a plant variety right; or (
2. b)the description accompanying the application for varieties which are the subject of an application for registration in any Member State, as referred to in Implementing Directive 2014/97/EU; (
3. c)the description accompanying the application for a plant variety right; (
4. d)the officially recognised description of a variety as referred to in sub-regulation

(2)(c)(iii) of regulation 6 of these regulations.

(2)The trueness of the CAC material to the description of its variety, shall be regularly verified through the observation of the expression of the characteristics of the variety in the CAC material concerned. Health requirements for CAC material 25.

(1). CAC material shall, by visual inspection carried out by the supplier in the facilities, fields and lots at the stage of production, be found practically free from the pests listed in Schedules A and B, as regards the genus or species concerned, unless stated otherwise in Schedule D. The supplier shall carry out sampling and testing of the identified source of material or CAC material for the RNQPs listed in Schedule B, and subject to the requirements of Schedule D, with regard to the genus or species concerned and category. In case of doubts concerning the presence of the RNQPs listed in Schedule A, the supplier shall carry out sampling and testing of the identified source of material or CAC material concerned. CAC propagating material and CAC fruit plants in lots, after the stage of production, shall only be marketed if found free from signs or symptoms of the pests listed in Schedules A and B, upon visual inspection carried out by the supplier. The supplier shall carry out the measures to ensure compliance with the requirements of paragraph

(1)pursuant to Schedule D, with regard to the genus or species concerned and category.

(2). Paragraph 1 shall not apply to: (

1. a)CAC material during cryopreservation; (
2. b)CAC material where that material has been produced in areas known to, or established to, be free from the relevant pests in accordance with the relevant FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 39 international standards for phytosanitary measures (Requirements for the establishment of pest free areas. ISPM No 4

(1995), Rome, IPPC, FAO 2017).. Requirements concerning defects 26. CAC material shall be found practically free from defects, on the basis of visual inspection. Injuries, discoloration, scar tissues or desiccation shall be considered as defects, if they affect the quality and usefulness as propagating material. Requirements with regard to the production site, place of production or area 26a. In addition to the health and soil requirements of items 8, 9 and 10 of Part I of Section II of Schedule IV, items 15 and 16 of Part II of Section II of Schedule IV, items 20 and 21 of Part III of Section II of Schedule IV and item 25 of Part IV of Section II of Schedule IV, propagating material and fruit plants shall be produced in accordance with the requirements for the production site, place of production, or area as laid down in Schedule D, in order to limit the presence of the RNQPs listed in that Schedule for the genus or species concerned. SECTION III Specific Requirements for Suppliers engaged in the Production or Reproduction of Propagating Material and Fruit Plants Plan to identify and monitor critical points in the production process 27.

(1)During the production of propagating material and fruit plants, the responsible official body shall ensure that suppliers have in place, as appropriate for the relevant genera or species, a plan to identify and monitor critical points in the production process. That plan shall at least concern the following elements: (

1. a)location and number of plants; (
2. b)timing of their cultivation; (
3. c)propagation operations; (
4. d)packaging, storage and transportation operations. Keeping information on the monitoring available for examination 28.

(1)The responsible official body shall ensure that the suppliers keep records with information on the monitoring of the critical points as referred to in subregulation

(2)of regulation 7 of these regulations and, when requested, make them available for examination.

(2)Those records shall remain available for a period of at least three years since the production of the material concerned.

(3)The responsible official body shall ensure that suppliers keep records of field inspections, sampling and testing as long as the respective propagating material and fruit plants are under their control and for a period of at least three years after that 40 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL propagating material and those fruit plants have been removed or marketed. SECTION IV Official Inspections General requirements concerning official inspections 29.

(1)Official inspections shall consist of visual inspections, and, where appropriate, of sampling and testing.

(2)During the official inspections, the responsible official body shall pay particular attention to: (

1. a)the suitability and actual use of methods by the supplier for checking each of the critical points in the production process; (
2. b)the overall competence of the supplier’s staff to carry out the activities set out in sub-regulation

(2)of regulation 7 of these regulations.

(3)The responsible official body shall ensure that it produces and keeps records of the results and dates of all field inspections, sampling and testing carried out by itself. Substituted by: L.N. 385 of

1. Amended by: L.N. 152 of 2023; L.N. 221 of
2. Schedule A List of RNQPs for the presence of which visual inspection, and, in the case of doubts, sampling and testing, are required pursuant to items 8

(1), 9

(1), 15

(1), 20

(1)and 25

(1)of Schedule IV Genus or Species Castanea sativa Mill. RNQPs Fungi and oomycetes Cryphonectria parasitica (Murrill) Barr [ENDOPA] Mycosphaerella punctiformis Verkley & U. Braun [RAMUEN] Phytophthora cambivora (Petri) Buisman [PHYTCM] Phytophthora cinnamomi Rands [PHYTCN] Viruses, viroids, virus-like diseases and phytoplasmas Chestnut mosaic agent FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 41 Citrus L., Fortunella Swingle, Poncirus Raf. Fungi and oomycetes Phytophthora citrophthora (R.E.Smith & E.H.Smith) Leonian [PHYTCO ] Phytophthora nicotianae var. parasitica (Dastur) Waterhouse [PHYTNP] Insects and mites Aleurothrixus floccosus Maskell [ALTHFL] Parabemisia myricae Kuwana [PRABMY] Nematodes Pratylenchus vulnus Allen & Jensen [PRATVU] Tylenchulus semipenetrans Cobb [TYLESE] Corylus avellana L. Bacteria Pseudomonas avellanae Janse et al. [PSDMAL] Xanthomonas arboricola pv. Corylina (Miller, Bollen, Simmons, Gross & Barss) Vauterin, Hoste, Kersters & Swings [XANTCY] Fungi and oomycetes Armillariella mellea (Vahl) Kummer [ARMIME] Verticillium albo-atrum Reinke & Berthold [VERTAA] Verticillium dahliae Kleb [VERTDA] Insects and mites Phytoptus avellanae Nalepa [ERPHAV] Cydonia oblonga Mill. and Pyrus L. Bacteria Agrobacterium tumefaciens (Smith& Townsend) Conn [AGRBTU] Erwinia amylovora (Burrill) Winslow et al. [ERWIAM] Pseudomonas syringae pv Syringae van Hall [PSDMSY] Fungi and oomycetes Armillariella mellea (Vahl) Kummer [ARMIME] Chondrostereum purpureum Pouzar [STERPU] Glomerella cingulata (Stoneman) Spaulding & von Schrenk [GLOMCI] Neofabraea alba Desmazières [PEZIAL] Neofabraea malicorticis Jackson [PEZIMA] Neonectria ditissima (Tulasne & C Tulasne) Samuels & Rossman [NECTGA] Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Sclerophora pallida Yao & Spooner [SKLPPA] Verticillium albo-atrum Reinke & Berthold [VERTAA] Verticillium dahliae Kleb [VERTDA] Insects and mites Eriosoma lanigerum Hausmann [ERISLA] Psylla spp. Geoffroy [1PSYLG] Nematodes Meloidogyne hapla Chitwood [MELGHA] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans(Cobb) Filipjev & Schuurmans-Stekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] 42 [ S.L.433.08 Ficus carica L. FRUIT TREES PROPAGATION MATERIAL Bacteria Xanthomonas campestris pv. fici (Cavara) Dye [XANTFI] Fungi and oomycetes Armillariella mellea (Vahl) Kummer [ARMIME] Insects and mites Ceroplastes rusci Linnaeus [CERPRU] Nematodes Heterodera fici Kirjanova [HETDFI] Meloidogyne arenaria Chitwood [MELGAR] Meloidogyne incognita (Kofold & White) Chitwood [MELGIN] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] Fragaria L. Bacteria Candidatus Phlomobacter fragariae Zreik, Bové & Garnier [PHMBFR] Fungi and oomycetes Podosphaera aphanis (Wallroth) Braun & Takamatsu [PODOAP] Rhizoctonia fragariae Hussain & W.E.McKeen [RHIZFR] Verticillium albo-atrum Reinke & Berthold [VERTAA] Verticillium dahliae Kleb [VERTDA] Insects and mites Chaetosiphon fragaefolii Cockerell [CHTSFR] Phytonemus pallidus Banks [TARSPA] Nematodes Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Meloidogyne hapla Chitwood [MELGHA] Pratylenchus vulnus Allen & Jensen [PRATVU] Viruses, viroids, virus-like diseases and phytoplasmas Candidatus Phytoplasma asteris Lee et al. [PHYPAS] Candidatus Phytoplasma fragariae Valiunas, Staniulis & Davis [PHYPFG] Candidatus Phytoplasma pruni [PHYPPN] Candidatus Phytoplasma solani Quaglino et al. [PHYPSO] Clover phyllody phytoplasma [PHYP03] Strawberry multiplier disease phytoplasma [PHYP75] Juglans regia L. Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 43 Xanthomonas arboricola pv. Juglandi (Pierce) Vauterin et al. [XANTJU] Fungi and oomycetes Armillariella mellea (Vahl) Kummer [ARMIME] Chondrostereum purpureum Pouzar [STERPU] Neonectria ditissima (Tulasne & C. Tulasne) Samuels & Rossman [NECTGA] Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Insects and mites Epidiaspis leperii Signoret [EPIDBE] Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE] Quadraspidiotus perniciosus Comstock [QUADPE] Malus Mill. Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] Erwinia amylovora (Burrill) Winslow et al. [ERWIAM] Pseudomonas syringae pv. Syringae van Hall [PSDMSY] Fungi and oomycetes Armillariella mellea (Vahl) Kummer [ARMIME] Chondrostereum purpureum Pouzar [STERPU] Glomerella cingulata (Stoneman) Spaulding & von Schrenk [GLOMCI] Neofabraea alba Desmazières [PEZIAL] Neofabraea malicorticis Jackson [PEZIMA] Neonectria ditissima (Tulasne & C. Tulasne) Samuels & Rossman [NECTGA] Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Sclerophora pallida Yao & Spooner [SKLPPA] Verticillium albo-atrum Reinke & Berthold [VERTAA] Verticillium dahliae Kleb [VERTDA] Insects and mites Eriosoma lanigerum Hausmann [ERISLA] Psylla spp. Geoffroy [1PSYLG] Nematodes Meloidogyne hapla Chitwood [MELGHA] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] 44 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL Olea europaea L. Bacteria Pseudomonas savastanoi pv. savastanoi (Smith) Gardan et al. [PSDMSA] Nematodes Meloidogyne arenaria Chitwood [MELGAR] Meloidogyne incognita (Kofold & White) Chitwood [MELGIN] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus vulnus Allen & Jensen [PRATVU] Viruses, viroids, virus-like diseases and phytoplasmas Olive leaf yellowing-associated virus [OLYAV0] Olive vein yellowing-associated virus [OVYAV0] Olive yellow mottling and decline associated virus [OYMDAV] Pistacia vera L. Fungi and oomycetes Phytophthora cambivora (Petri) Buisman [PHYTCM] Phytophthora cryptogea Pethybridge & Lafferty [PHYTCR] Rosellinia necatrix Prillieux [ROSLNE] Verticillium dahliae Kleb [VERTDA] Nematodes Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] Prunus domestica L. and Prunus dulcis (Miller) Webb Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] Pseudomonas syringae pv. morsprunorum (Wormald) Young, Dye & Wilkie [PSDMMP] Fungi and oomycetes Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Verticillium dahliae Kleb [VERTDA] Insects and mites Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE] Quadraspidiotus perniciosus Comstock [QUADPE] Nematodes Meloidogyne arenaria Chitwood [MELGAR] Meloidogyne incognita (Kofold & White) Chitwood [MELGIN] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 45 Prunus armeniaca L. Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] Pseudomonas syringae pv. morsprunorum (Wormald) Young, Dye & Wilkie [PSDMMP] Pseudomonas syringae pv. Syringae van Hall [PSDMSY] Pseudomonas viridiflava (Burkholder) Dowson [PSDMVF] Fungi and oomycetes Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Verticillium dahliae Kleb [VERTDA] Insects and mites Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE] Quadraspidiotus perniciosus Comstock [QUADPE] Nematodes Meloidogyne arenaria Chitwood [MELGAR] Meloidogyne incognita (Kofold & White) Chitwood [MELGIN] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] Prunus avium L. and Prunus cerasus L. Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] Pseudomonas syringae pv. morsprunorum (Wormald) Young, Dye & Wilkie [PSDMMP] Fungi and oomycetes Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Insects and mites Quadraspidiotus perniciosus Comstock [QUADPE] Nematodes Meloidogyne arenaria Chitwood [MELGAR] Meloidogyne incognita (Kofold & White) Chitwood [MELGIN] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] 46 [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL Prunus persica (L.) Batsch and Prunus salicina Lindley Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] Pseudomonas syringae pv. morsprunorum (Wormald) Young, Dye & Wilkie [PSDMMP] Pseudomonas syringae pv. persicae (Prunier, Luisetti &. Gardan) Young, Dye & Wilkie [PSDMPE] Fungi and oomycetes Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Verticillium dahliae Kleb [VERTDA] Insects and mites Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE] Quadraspidiotus perniciosus Comstock [QUADPE] Nematodes Meloidogyne arenaria Chitwood [MELGAR] Meloidogyne incognita (Kofold & White) Chitwood [MELGIN] Meloidogyne javanica Chitwood [MELGJA] Pratylenchus penetrans (Cobb) Filipjev & SchuurmansStekhoven [PRATPE] Pratylenchus vulnus Allen & Jensen [PRATVU] Ribes L. Fungi and oomycetes Diaporthe strumella (Fries) Fuckel [DIAPST] Microsphaera grossulariae (Wallroth) Léveillé [MCRSGR] Podosphaera mors-uvae (Schweinitz) Braun & Takamatsu [SPHRMU] Insects and mites Cecidophyopsis ribis Westwood [ERPHRI] Dasineura tetensi Rübsaamen [DASYTE] Pseudaulacaspis pentagona Targioni-Tozzetti [PSEAPE] Quadraspidiotus perniciosus Comstock [QUADPE] Tetranychus urticae Koch [TETRUR] Nematodes Aphelenchoides ritzemabosi (Schwartz) Steiner & Buhrer [APLORI] Ditylenchus dipsaci (Kuehn) Filipjev [DITYDI] Viruses, viroids, virus-like diseases and phytoplasmas Aucuba mosaic agent and blackcurrant yellows agent combined Rubus L. Bacteria Agrobacterium spp. Conn [1AGRBG] Rhodococcus fascians Tilford [CORBFA] Fungi and oomycetes Peronospora rubi Rabenhorst [PERORU] Insects and mites Resseliella theobaldi Barnes [THOMTE] [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL Vaccinium L. Substituted by: L.N. 385 of 2020. Amended by: L.N. 152 of 2023. Substituted by: L.N. 221 of 2025. 47 Bacteria Agrobacterium tumefaciens (Smith & Townsend) Conn [AGRBTU] Fungi and oomycetes Diaporthe vaccinii Shear [DIAPVA] Exobasidium vaccinii (Fuckel) Woronin [EXOBVA] Godronia cassandrae (anamorph Topospora myrtilli) Peck [GODRCA] Pucciniastrum minimum Sydow & P. Sydow [THEKMI] Schedule B List of RNQPs for the presence of which visual inspection, and, where applicable, sampling and testing are required pursuant to items 8

(2), 8

(4), 9

(1), 15

(1), 20

(1), and 25

(1)of Schedule IV and Schedule D. Genus or species Castanea sativa Mill. RNQPs Fungi and oomycetes Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld [PHYTRA] 48 [ S.L.433.08 Citrus L., Fortunella Swingle and Poncirus Raf. FRUIT TREES PROPAGATION MATERIAL Bacteria Spiroplasma citri Saglio et al. [SPIRCI] Fungi and oomycetes Plenodomus tracheiphilus (Petri) Gruyter, Aveskamp & Verkley [DEUTTR] Viruses, viroids, virus-like diseases and phytoplasmas Citrus cristacortis agent [CSCC00] Citrus exocortis viroid [CEVD00] Citrus impietratura agent [CSI000] Citrus leaf blotch virus [CLBV00] Citrus psorosis vírus [CPSV00] Citrus tristeza virus (EU isolates) [CTV000] Citrus variegation virus [CVV000] Hop stunt viroid [HSVD00] Corylus avellana L. Viruses, viroids, virus-like diseases and phytoplasmas Apple mosaic virus [APMV00] Cydonia oblonga Mill. Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple rubbery wood agent [ARW000] Apple stem grooving virus [ASGV00] Apple stem-pitting virus [ASPV00] Pear bark necrosis agent [PRBN00] Pear bark split agent [PRBS00] Pear blister canker viroid [PBCVD0] Pear rough bark agent [PRRB00] Quince yellow blotch agent [ARW000] FRUIT TREES PROPAGATION MATERIAL Fragaria L. [ S.L.433.08 49 Bacteria Xanthomonas fragariae Kennedy & King [XANTFR] Fungi and oomycetes Colletotrichum acutatum Simmonds [COLLAC] Phytophthora cactorum (Lebert & Cohn) J.Schröter [PHYTCC] Phytophthora fragariae C.J. Hickman [PHYTFR] Nematodes Aphelenchoides besseyi Christie [APLOBE] Aphelenchoides blastophthorus Franklin [APLOBL] Aphelenchoides fragariae (Ritzema Bos) Christie [APLOFR] Aphelenchoides ritzemabosi (Schwartz) Steiner & Buhrer [APLORI] Viruses, viroids, virus-like diseases and phytoplasmas Arabis mosaic virus [ARMV00] Raspberry ringspot virus [RPRSV0] Strawberry crinkle virus [SCRV00] Strawberry latent ringspot virus [SLRSV0] Strawberry mild yellow edge virus [SMYEV0] Strawberry mottle virus [SMOV00] Strawberry vein banding virus [SVBV00] Tomato black ring virus [TBRV00] Juglans regia L. Viruses, viroids, virus-like diseases and phytoplasmas Cherry leaf roll virus [CLRV00] 50 [ S.L.433.08 Malus Mill. FRUIT TREES PROPAGATION MATERIAL Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple dimple fruit viroid [ADFVD0] Apple flat limb agent [AFL000] Apple mosaic virus [APMV00] Apple rubbery wood agent [ARW000] Apple scar skin viroid [ASSVD0] Apple star crack agent [APHW00] Apple stem grooving virus [ASGV00] Apple stem-pitting virus [ASPV00] Candidatus Phytoplasma mali Seemüller & Schneider [PHYPMA] Fruit disorders: chat fruit [APCF00], green crinkle [APGC00], bumpy fruit of Ben Davis, rough skin [APRSK0], star crack, russet ring [APLP00], russet wart Tomato ringspot virus [TORSV0] Olea europaea L. Fungi and oomycetes Verticillium dahliae Kleb [VERTDA] Viruses, viroids, virus-like diseases and phytoplasmas Arabis mosaic virus [ARMV00] Cherry leaf roll virus [CLRV00] Strawberry latent ringspot virus [SLRSV0] FRUIT TREES PROPAGATION MATERIAL Prunus dulcis (Miller) Webb [ S.L.433.08 Bacteria Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple mosaic virus [APMV00] Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Plum pox virus [PPV000] Prune dwarf virus [PDV000] Prunus necrotic ringspot virus [PNRSV0] Tomato ringspot virus [TORSV0] Prunus armeniaca L. Bacteria Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple mosaic virus [APMV00] Apricot latent virus [ALV000] Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Plum pox virus [PPV000] Prune dwarf virus [PDV000] Prunus necrotic ringspot virus [PNRSV0] Tomato ringspot virus [TORSV0] 51 52 [ S.L.433.08 Prunus avium L. and Prunus cerasus L. FRUIT TREES PROPAGATION MATERIAL Bacteria Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple mosaic virus [APMV00] Arabis mosaic virus [ARMV00] Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Cherry green ring mottle virus [CGRMV0] Cherry leaf roll virus [CLRV00] Cherry mottle leaf virus [CMLV00] Cherry necrotic rusty mottle virus [CRNRM0] Little cherry virus 1 and 2 [LCHV10], [LCHV20] Plum pox virus [PPV000] Prune dwarf virus [PDV000] Prunus necrotic ringspot virus [PNRSV0] Raspberry ringspot virus [RPRSV0] Strawberry latent ringspot virus [SLRSV0] Tomato black ring virus [TBRV00] Tomato ringspot virus [TORSV0] FRUIT TREES PROPAGATION MATERIAL Prunus domestica L., Prunus salicina Lindley, and other species of Prunus L. susceptible to Plum pox virus in the case of Prunus L. hybrids [ S.L.433.08 Bacteria Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple mosaic virus [APMV00] Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Myrobalan latent ringspot virus [MLRSV0] Plum pox virus [PPV000] Prune dwarf virus [PDV000] Prunus necrotic ringspot virus [PNRSV0] Tomato ringspot virus [TORSV0] Prunus persica (L.) Batsch Bacteria Xanthomonas arboricola pv. pruni (Smith) Vauterin et al. [XANTPR] Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple mosaic virus [APMV00] Apricot latent virus [ALV000] Candidatus Phytoplasma prunorum Seemüller & Schneider [PHYPPR] Peach latent mosaic viroid [PLMVD0] Plum pox virus [PPV000] Prune dwarf virus [PDV000] Prunus necrotic ringspot virus [PNRSV0] Strawberry latent ringspot virus [SLRSV0] Tomato ringspot virus [TORSV0] 53 54 Pyrus L. [ S.L.433.08 FRUIT TREES PROPAGATION MATERIAL Viruses, viroids, virus-like diseases and phytoplasmas Apple chlorotic leaf spot virus [ACLSV0] Apple rubbery wood agent [ARW000] Apple stem grooving virus [ASGV00] Apple stem-pitting virus [ASPV00] Candidatus Phytoplasma pyri Seemüller & Schneider [PHYPPY] Pear bark necrosis agent [PRBN00] Pear bark split agent [PRBS00] Pear blister canker viroid [PBCVD0] Pear rough bark agent [PRRB00] Quince yellow blotch agent [ARW000] Ribes L. Viruses, viroids, virus-like diseases and phytoplasmas Arabis mosaic virus [ARMV00] Blackcurrant reversion virus [BRAV00] Cucumber mosaic virus [CMV000] Gooseberry vein banding associated virus [GOVB00] Raspberry ringspot virus [RPRSV0] Strawberry latent ringspot virus [SLRSV0] FRUIT TREES PROPAGATION MATERIAL Rubus L. [ S.L.433.08 Fungi and oomycetes Phytophthora spp. de Bary [1PHYTG] Viruses, viroids, virus-like diseases and phytoplasmas Apple mosaic virus [APMV00] Arabis mosaic virus [ARMV00] Black raspberry necrosis virus [BRNV00] Candidatus Phytoplasma rubi Malembic-Maher et al. [PHYPRU] Cucumber mosaic virus [CMV000] Raspberry bushy dwarf virus [RBDV00] Raspberry leaf mottle virus [RLMV00] Raspberry ringspot virus [RPRSV0] Raspberry vein chlorosis virus [RVCV00] Raspberry yellow spot [RYS000] Rubus yellow net virus [RYNV00] Strawberry latent ringspot virus [SLRSV0] Tomato black ring virus [TBRV00] Tomato ringspot virus [TORSV0] 55 56 [ S.L.433.08 Vaccinium L. FRUIT TREES PROPAGATION MATERIAL Fungi and oomycetes Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld [PHYTRA] Viruses, viroids, virus-like diseases and phytoplasmas Blueberry mosaic associated ophiovirus [BLMAV0] Blueberry red ringspot virus [BRRV00] Blueberry scorch virus [BLSCV0] Blueberry shock virus [BLSHV0] Blueberry shoestring virus [BSSV00] Candidatus Phytoplasma asteris Lee et al. [PHYPAS] Candidatus Phytoplasma pruni [PHYPPN] Candidatus Phytoplasma solani Quaglino et al. [PHYPSO] Cranberry false blossom phytoplasma [PHYPFB] Tobacco ringspot virus [TRSV0] Tomato ringspot virus [TORSV0]" FRUIT TREES PROPAGATION MATERIAL Substituted by: L.N. 385 of 2020. [ S.L.433.08 57 Schedule C List of RNQPs whose presence in soil is provided for in items 10

(1), 10

(2), 16

(1), 21

(1)and 21

(2)of Schedule IV". Genus or species RNQPs Fragaria L. Nematodes Longidorus attenuatus Hooper [LONGAT] Longidorus elongatus (de Man) Thorne & Swanger [LONGEL] Longidorus macrosoma Hooper [LONGMA] Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] Juglans regia L. Nematodes Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] Olea europaea L. Nematodes Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] Pistacia vera L. Nematodes Xiphinema index Thorne & Allen [XIPHIN] Prunus avium L. and Prunus cerasus L. Nematodes Longidorus attenuatus Hooper [LONGAT] Longidorus elongatus (de Man) Thorne & Swanger [LONGEL] Longidorus macrosoma Hooper [LONGMA] Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] Prunus domestica L., Prunus persica (L.) Batsch and Prunus salicina Lindley Nematodes Longidorus attenuatus Hooper [LONGAT] Longidorus elongatus (de Man) Thorne & Swanger [LONGEL] Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] Ribes L. Nematodes Longidorus elongatus (de Man) Thorne & Swanger [LONGEL] Longidorus macrosoma Hooper [LONGMA] Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] [ S.L.433.08 58 FRUIT TREES PROPAGATION MATERIAL Rubus L. Nematodes Longidorus attenuatus Hooper [LONGAT] Longidorus elongatus (de Man) Thorne & Swanger [LONGEL] Longidorus macrosoma Hooper [LONGMA] Xiphinema diversicaudatum (Mikoletzky) Thorne [XIPHDI] Schedule D Substituted by: L.N. 385 of 2020. Amended by: L.N. 152 of 2023; L.N. 221 of 2025. Requirements concerning measures per genera or species and category pursuant to items 9

(1), 9

(3), 9

(4), 15

(1), 15

(3), 15

(4), 20

(1), 20

(3), 20

(4), 25

(1)and 26(a) of Schedule IV Propagating material shall comply with the requirements concerning Union quarantine pests and protected zone quarantine pests provided for in implementing acts adopted pursuant to Regulation (EU) 2016/2031, as well as the measures adopted pursuant to Article 30

(1)of that Regulation. Moreover, it shall comply with the following requirements per genera or species and category concerned: 1. Castanea sativa Mill. (

1. a)All categories Visual inspection Visual inspections shall be carried out once a year. Sampling and testing Sampling and testing shall be carried out in the case of doubts concerning the presence of RNQPs listed in Schedule A. (
2. b)Pre-basic category Requirements with regards to the production site, place of production or area In the case where a derogation is allowed to produce pre-basic material in the field under non-insect proof conditions pursuant to Commission Implementing Decision (EU) 2017/925, the following requirements shall apply: (
3. i)Cryphonectria parasitica (Murrill) Barr: FRUIT TREES PROPAGATION MATERIAL [ S.L.433.08 59 — propagating material and fruit plants of the pre-basic category shall be produced in areas established by the Directorate as being free from Cryphonectria parasitica (Murrill) Barr in accordance with relevant international standards for phytosanitary measures; or — no symptoms of Cryphonectria parasitica (Murrill) Barr shall be observed at the production site on propagating material and fruit plants of the pre-basic category over the last complete cycle of vegetation. (
4. ii)Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld: — propagating material and fruit plants of the pre-basic category shall be produced in areas established by the Directorate as being free from Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld in accordance with relevant international standards for phytosanitary measures; or — no symptoms of Phytophthora ramorum (EU isolates) Werres, De Cock & Man in ‘t Veld shall be observed on propagating material and fruit plants of the pre-basic category at th