Protected Zones (Movement) Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,584, 14 ta’ Mejju, 2004

L.N. 272 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Protected Zones (Movement) Regulations, 2004

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, 2001, the Minister for Rural Affairs and the

Environment has made the following regulations>-

(1) The title of these regulations is the Protected Zones Title and

commencement.

(Movement) Regulations, 2004.

(2)

These regulations shall come into force on the 15th

May, 2004.

The scope of these regulations is to establish the conditions Scope.

to be met, when plants, plant products or other objects listed in

Schedule V, part A, section II of the Plant Quarantine (Harmful

Organisms) Regulations 2004, originating outside a protected zone L.N. 97 of 2004.

established in respect of one or more harmful organisms, are moved

through such protected zone for final destination outside the zone,

and without a plant passport valid for that zone.

In these regulations, unless the context otherwise requires> Interpretation.

“the Act” means the Plant Quarantine Act, 2001<

“the Department” means the Plant Health Department<

“protected zone” means a zone in which one or more

harmful organisms are not endemic or established despite

favourable conditions for them to establish themselves there,

and in which there is a danger that certain harmful organisms

will establish, given propitious ecological conditions, for

particular crops. For the purposes of this definition, a harmful

organism shall be considered to be established in an area if it is

known to occur in that area and if either no official measures

have been taken there with a view to its eradication, or such

measures have proved for a period of at least two successive

years to be ineffective.

(1) The packaging used or, where appropriate, the vehicles

transporting the plants, plant products or other objects referred to in

regulation 2, shall be clean and of such a nature as to ensure that

there is no risk of harmful organisms spreading.

(2) Immediately after packaging, the packaging or, where

appropriate, the vehicles transporting the said plants, plant products

or other objects shall be secured according to stringent plant health

standards to ensure that there is no risk of harmful organisms

spreading in the relevant protected zone and that the identity will

remain unchanged and to the satisfaction of the Director, and remain

secured during transportation through the relevant protected zone.

(3) The plants, plant products or other objects referred

to in regulation 2, shall be accompanied by a document which is

normally used for trade purposes, indicating that the said products

originate outside the relevant protected zone and have a destination

outside the relevant protected zone.

If during an official check, organised pursuant to regulations

under the Plant Quarantine Act, 2001 and carried out at a place within

the relevant zone, it is found that the requirements laid down under

regulation 3 above are not met, the following official measures shall

be taken immediately, as appropriate, and without prejudice to the

measures to be taken if the plants, plant products or other objects do

Act XVIII of 2001. not meet the conditions laid down under the Plant Quarantine Act,

2001>

(a)

sealing of the packaging,

(b) transportation, under official control, of the plants,

plant products or other objects to a destination outside the

relevant protected zone.

Less stringent conditions shall apply to those plants, plant

products or other objects listed in Annex V, part A, section II of the

Plant Quarantine Act originating in and moving within a protected

objects originating

zone established for the said plants, plant products or other objects

in respect of one or more harmful organisms.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press