Regulations, 2004

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

L.N. 277 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Vegetable Propagation and Planting Material

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 Vegetable Title and

commencement.

Propagation and Planting Material Regulations, 2004.

(2)

These regulations shall come in force on the 15th

May, 2004.

(1) The scope of these regulations is to make provisions Scope.

for assuring that any propagation and planting material of vegetables

other than seed produced, placed on the market in Malta or being

transhipped through Malta prior to its transport to another Member

State meets specified standards of quality.

(2) These regulations shall apply to vegetable

propagation and planting material, other than seeds, of the genera,

species and their hybrids, listed in Schedule I of these regulations.

Rootstocks and other parts of plants of other genera or species or

their hybrids shall also be subject to these regulations if material of

one of the said genera or species, or of their hybrids is, or has to be,

grafted on to them.

(3) These regulations shall not apply to propagation or

planting material intended to be exported to third countries, if

properly identified as such and kept sufficiently isolated, without

prejudice to the health rules laid down in the Act.

For the purpose of these regulations, the following Interpretation.

definitions shall apply>

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

“breeder” means the person who bred, discovered and

developed a variety, or his successor in title<

“the Department” means the department responsible for

plant health<

“the Director” means the Director responsible for the

department and includes to the extent of the authority given,

any officer authorised by him, in writing, to act in that behalf

for any of the purposes of the Act<

“laboratory” refers to a public or private law entity carrying

out analysis and proper diagnosis, enabling the producer to

monitor production quality<

“lot” is a number of units of a single commodity,

identifiable by its homogeneity of composition and origin<

“marketing” refers to the holding available or in stock,

displaying or offering for sale, selling and, or delivering to

another person, in whatever form, propagation or planting

material<

“official inspection” is an inspection carried out by the

responsible official body<

“official measures” are measures taken by the responsible

official body<

“official statement” is a statement issued by or under the

responsibility of the responsible official body<

“planting material” refers to whole plants and parts of

plants including the grafted components (in the case of grafted

plants), intended for planting for the production of vegetables<

“propagation material” refers to parts of plants and all plant

material, including rootstocks, intended for the propagation and

production of vegetables<

“responsible official body” is the Plant Health Department<

“supplier” means any natural or legal person carrying out

professionally at least one of the following activities with

regards to vegetable propagation and planting material, namely

reproducing, producing, preserving and, or treating such

material and the marketing thereof.

No person shall produce, place on the market in Malta or Certification.

tranship through Malta prior to its transport to another Member State

any propagation material unless this has been certified by the Director

for any such purpose.

(1) Any person producing, placing on the market in Malta Notification.

or transhipping through Malta prior to its transport to another

Member State any propagation material shall notify the Director.

(2) A notice submitted in accordance with subregulation

(1) of this regulation shall be submitted on such form and in such

manner and within such time as the Director may form time to time

by notice in the Gazette, establish.

(1) Upon receipt of a notice in accordance with the General

certification

provisions of regulation 5 hereof, the Director shall ascertain that procedure.

the conditions for certification have been met and the Director shall

issue such a certificate only if the propagation material meets such

conditions or standards.

(2) Prior to certifying any propagation material in

accordance with subregulation (1) of this regulation, the Director or

his authorised representative shall inspect, collect and test such

sample or samples as may be required in order to establish that any

provisions of these regulations are satisfied.

(3) Any certificate issued in accordance with this

regulation shall only be valid for the propagation material for which

the inspection, sampling and testing were carried out in accordance

with subregulation (2) hereof.

A schedule shall be established in Schedule II for each Schedule of genera

and species of

genus and species listed in Schedule I hereof, and for rootstocks of vegetable

other genera and species if material of the genus or species is, or has propagation

material.

to be, grafted on to them with a reference to the plant-health

conditions laid down in the Act applying to the genus and, or species

concerned, laying down>

(a) the conditions with which vegetable planting material

must comply in particular with those relating to the quality and

purity of the crop and, where appropriate, varietal

characteristics. These requirements shall be added to Schedule

II Part A< and

(b) the conditions with which propagation material must

comply, in particular those relating to the propagation system

applied, the purity of the growing crop and, where appropriate,

the varietal characteristics. These conditions will be set out in

Schedule II Part B.

(1) Vegetable propagation and planting material which

belongs to the genera and species listed in Schedule I hereof and

that is also covered by the regulations concerning vegetable species

in the Seeds of Agricultural Plants and Vegetables Regulations, 2004

of 2004.

shall not be marketed unless it belongs to a variety accepted in

accordance with the mentioned regulations.

(2) Vegetable propagation and planting material which

belongs to the genera and species listed in Schedule I hereof but

which is not covered by the regulations concerning vegetable species

of 2004. in the Seeds of Agricultural Plants and Vegetables Regulations, 2004

shall not be marketed within the European Union unless it belongs

to a variety officially accepted in at least one Member State. The

provisions laid down in regulation 8 of the same regulations shall

apply to the conditions for acceptance. Regulation 8 of the said

regulations shall apply mutatis mutandis to the procedures and

formalities for acceptance and maintenance procedures.

(3) Relevant provisions laid down in the regulations

concerning vegetable species in the Seeds of Agricultural Plants and

of 2004. Vegetables Regulations, 2004 shall apply to the conditions for

acceptance. The results of unofficial tests and practical information

gathered in the course of growing may be taken into consideration

in each instance.

(4) Varieties officially accepted in accordance with

subregulation (2) shall be entered in the Common Catalogue of

Varieties of Vegetable Species referred to in regulation 8 of the Seeds

of 2004. of Agricultural Plants and Vegetables Regulations, 2004.

(1) The suppliers shall take all the necessary measures to

guarantee compliance with the standards laid down in these

regulations at all stages of the production and marketing of vegetable

propagation and planting material.

(2) (a) For the purposes of subregulation (1), the said

suppliers shall either carry out themselves, or have carried out by an

accredited supplier or the responsible official body, checks based

on the following principles>

(i) identification of critical points in their production

process on the basis of the production methods used<

(ii) establishment and implementation of methods for

monitoring and checking the critical points referred to in sub-

paragraph (i) hereof<

(iii) sample collection for analysis in a laboratory

accredited by the responsible official body for the purpose of

checking compliance with the standards established by these

regulations< and

(iv) keeping a written record or a record registered in an

indelible fashion of the data referred to in sub-paragraphs (i),

(ii) and (iii) hereof, as well as records on the production and

marketing of propagation and planting material, to be held at

the disposal of the responsible official body. These documents

and records shall be kept for a period of at least one year.

(b) However, suppliers whose activity in this connection

is confined merely to the distribution of vegetable propagation and

planting material produced and packaged on premises other than

their own, shall be required only to keep a written record or a record

registered in an indelible fashion of the buying and selling and, or

delivery of such products.

(c) This paragraph shall not apply to suppliers whose

activity in this connection is confined to the supply of small quantities

of vegetable propagation and planting material to non-professional

final consumers.

(3) If the result of their own checks or any information

at the disposal of the suppliers referred to in subregulation (1) hereof

reveals the presence of one or more harmful organisms referred to

in the Act or in quantities greater than those normally allowed for in

order to meet the standards, or of those specified in the relevant

schedules established pursuant to regulation 7, the suppliers shall

immediately report this to the responsible official body and shall

take the measures indicated by the responsible official body or any

other measures necessary to reduce the risk of such harmful

organisms from spreading. The supplier shall keep records of all

occurrences of harmful organisms on his premises and of all measures

taken in relation to such occurrences.

(4) Detailed rules for the application of sub-paragraph

(2)(b) shall be established by the responsible official body.

(1) The responsible official body shall accredit suppliers

once it has verified that their production methods and establishments

meet the requirements of these regulations with regards to the nature

of the activities they carry out. Accreditation must be renewed if a

supplier decides to carry out activities other than those for which he

has received accreditation.

(2) The above mentioned body shall accredit laboratories

once it has verified that these laboratories, their methods and their

establishments meet the requirements of these regulations to be

specified by the responsible official body with regards to the testing

activities they carry out. Accreditation must be renewed if a

laboratory decides to carry out activities other than those for which

it has received accreditation.

(3) The official body shall take the necessary measures

if the requirements referred to in subregulations (1) and (2) hereof

cease to be met.

(4) The supervision and monitoring of suppliers,

establishments and laboratories shall be carried out regularly by or

under the responsibility of the Department, which shall at all times

have free access to all parts of the establishments, in order to ensure

compliance with the requirements of these regulations. Implementing

measures concerning supervision and monitoring are specified in

Schedule IV of these regulations. If such supervision and monitoring

reveal that the requirements of these regulations are not being met,

the Department shall take appropriate action.

(1) Without prejudice to subregulation 12(2), vegetable

propagation and planting material shall be marketed only in

sufficiently homogeneous lots and if they have complied with these

regulations and are accompanied by a document prepared by the

supplier in accordance with the conditions laid down in the schedule

established pursuant to regulation 7. If an official statement appears

on this document, it shall be clearly separated from all other contents

of the document. Requirements for labelling and, or sealing and

packaging of vegetable propagation and planting material shall be

set out in Schedule II as referred to in regulation 7.

(2) In the case of supply by the retailer of vegetable

propagation and planting material to a non-professional final

consumer, requirements for labelling may be confined to appropriate

product information.

(1) While growing and during lifting or removal from Containment

propagation and

the parent material, vegetable propagation and planting material shall planting material.

be kept in separate lots.

(2) If vegetable propagation and planting material of

different origins is put together or mixed during packaging, storage,

transport or at delivery, the supplier shall keep records including

data on the composition of the lot and origin of the individual

components.

(3) The Department shall ensure compliance with the

requirements of subregulations (1) and (2) hereof by carrying out

official inspections.

(1) Vegetable propagation and planting material may be Marketing of plant

material.

marketed only by accredited suppliers and provided they meet the

requirements laid down in the schedule referred to in regulation 7

hereof.

(2) Without prejudice to the provisions of the Act,

subregulation (1) hereof shall not apply to vegetable propagation

and planting material intended for either of the following>

(a)

trials or scientific purposes<

(b)

selection work< or

(c)

measures aimed at preserving genetic diversity.

(3) Detailed rules for the application of paragraphs (a),

(b) and (c) above shall be adopted as necessary.

Local circulation

(1)

The Department may exempt>

of plant material.

(a) from the application of regulation 11, small producers

all of whose production and sales of vegetable propagation and

planting material is intended for final use by persons on the

local market who are not professionally involved in plant

production (local circulation)<

(b) from the controls and official inspections provided

for in regulation 21, the local circulation of vegetable

propagation and planting material produced by such exempt

persons.

(2) Implementing measures relating to other requirements

concerning the exemptions referred to in (a) and (b) above, in

particular as regards the concepts of small producers and local

market, and to the relevant procedures, shall be adopted.

The responsible official body shall ensure that official

inspections by sampling checks on propagation and planting material

is carried out during production and marketing, with the aim of

verifying compliance with the requirements and conditions of these

regulations.

(1) The Department shall ensure that vegetable

propagation and planting material produced in Malta and intended

for marketing, complies with the requirements of these regulations.

(2) If it is found, during an official inspection, that

vegetable propagation and planting material cannot be marketed

because of non-compliance with a condition relating to plant health,

the Department shall take appropriate official measures to eliminate

any consequent plant-health risks.

(1) If, during the supervision and monitoring provided

for in regulation 10(4), the official inspection provided for in

regulation 15 or the trials provided for in regulation 22, it is found

that vegetable propagation and planting material does not meet the

requirements of these regulations, the responsible official body shall

take appropriate action to ensure that it does comply with the

provisions of these regulations or, if that is not possible, to ban the

marketing of that vegetable propagation and planting material in

the European Union.

(2) If it is found that vegetable propagation and planting

material marketed by a particular supplier does not comply with the

requirements and conditions of these regulations, the responsible

official body shall ensure that appropriate measures are taken against

that supplier. If the supplier is forbidden to market vegetable

propagation and planting material, the European Commission and

the competent national authorities in the other Member States shall

be notified.

(3) Any measures taken under subregulation (2) hereof

shall be withdrawn as soon as it has been established with adequate

certainty that the vegetable propagation and planting material

intended for marketing by the supplier will, in the future, comply

with the requirements and conditions of these regulations.

In the event of temporary difficulties in the supply of Less

requirements.

vegetable propagation and planting material satisfying the

requirements of these regulations, measures may be adopted

concerning the marketing of vegetable propagation and planting

material meeting less stringent requirements, without prejudice to

the plant health rules laid down in Act.

(1) The marketing of vegetable propagation and planting Marketing

restrictions.

material which complies with the requirements and conditions of

these regulations shall be subject to no restrictions as regards

supplier, plant health, growing medium and inspection arrangements

other than those laid down in these regulations.

(2) The marketing of vegetable propagation and planting

material whose variety is entered in the Common Catalogue of

Varieties of Vegetable Species shall not be subject to any restrictions

as regards the variety other than those laid down or referred to in

these regulations.

(3) As regards the products referred to in Schedule I, the

Department may refrain from imposing more stringent conditions

or marketing restrictions other than the conditions laid down in the

schedules referred to in regulation 7.

(1) Vegetable propagation and planting material Equivalence.

produced in a third country shall afford the same guarantees as

regards obligations on the supplier, identity, characteristics, plant

health, growing medium, packaging, inspection arrangements,

marking and sealing. It shall be equivalent in all respects to vegetable

propagation and planting material produced in the European Union

and complying with the requirements and conditions of these

regulations.

(2) Pending the decision referred to in subregulation (1),

Malta may, until the 31st December, 2004, apply to import vegetable

propagation and planting material from third countries which have

conditions at least equivalent to those laid down temporarily or

permanently in the schedules referred to in regulation 7. Where no

such conditions are laid down in the said schedules, the import

conditions must be at least equivalent to those applicable to the

production in Malta.

(3) Vegetable propagation and planting material imported

to Malta in accordance with a decision taken by the country shall be

subject to no marketing restrictions in the other Member States as

regards the matters referred to in subregulation (1).

Detailed implementing procedures for the controls

provided for in regulation 9 and for the official inspections provided

for in regulations 12 and 15 hereof including sampling methods, are

established by the Department.

Trials, or where appropriate tests, shall be carried out on

samples to check that vegetable propagation and planting material

complies with the requirements and conditions of these regulations,

including those related to plant health.

Schedule I

List of genera and species

The following table lists the genera, species and artificial hybrids to which these regulations apply

Table 1.1

Latin Name

Allium ascalonicum L.

Allium cepa L.

Allium fistulosum L.

Allium porrum L.

Allium sativum L.

Anthriscus cerefolium (L.) Hoffm.

Apium graveolens L.

Asparagus officinalis L.

Beta vulgaris L. var. vulgaris

Beta vulgaris L. var. conditiva Alef.

Brassica oleracea L. convar. acephala (DC.) Alef. var. sabellica L.

Brassica oleracea L. convar. botrytis (L.) Alef. var. botrytis L.

Brassica oleracea L. convar. botrytis (L.) Alef. var. cymosa Duch.

Brassica oleracea L. convar. oleracea var. gemmifera DC.

Brassica oleracea L. convar. capitata (L.) Alef. var. alba DC.

Brassica oleracea L. convar. capitata (L.) Alef. var. sabauda L.

Brassica oleracea L. convar. capitata (L.) Alef. var. rubra DC.

Brassica oleracea L. convar. acephala (DC.) Alef. var. gongyloides

Brassica pekinensis (Lour.) Rupr.

Brassica rapa L. var. rapa

Capsicum annuum L.

Cichorium endivia L.

Cichorium intybus L. (partim)

Citrullus lanatus (Thunb.) Matsum. et Nakai

Cucumis melo L.

Cucumis sativus L.

Cucurbita maxima Duchesne

Cucurbita pepo L.

Cynara cardunculus L.

Cynara scolymus L.

Daucus carota L.

Foeniculum vulgare Miller

Lactuca sativa L.

Lycopersicon lycopersicum (L.) Karsten ex Farw.

Pertoselinum crispum (Miller) Nyman ex A.W. Hill

Phaseolus coccineus L.

Phaseolus vulgaris L.

Pisum sativum L. (partim)

Raphanus sativus L.

Rheum spp.

Scorzonera hispanica L.

Solanum melongena L.

Spinacia oleracea L.

Valerianella locusta (L.) Laterr.

Vicia faba L. (partim)

B

Schedule II

Conditions to be laid down in accordance with regulation 7

Part A

Conditions with which planting material must comply.

Part B

Schedules

(1) This Schedule establishes the schedules referred to in regulation 7 of these regulations and sets out

requirements for labelling referred to in regulation 11.

(2) The schedule s apply to the growing crop and vegetable propagation material (including rootstocks)

and planting material derived therefrom, of all the genera and species listed in Schedule I, and to

rootstocks of other genera and species referred to in regulation 7 of these regulations , irrespective of

the propagation system applied, the above mentioned items being hereinafter collectively referred to

as “the material” . The provisions of this Schedule shall apply progressively, taking into account the

production cycles of the material referred to in paragraph (2).

(3) The material shall, where applicable, comply with the relevant plant health conditions laid down in

the Act.

(4) Without prejudice to the provisions of paragraph (3), the material must at least appear, on visual

inspection, to be substantially free from harmful organisms and diseases liable to affect quality, or

signs or symptoms thereof, which reduce the usefulness of the vegetable propagation and planting

material, and in particular from those listed in Schedule III hereof, in respect of the genus or species

concerned.

(5) Any material showing visible signs or symptoms of harmful organisms or diseases referred to in

paragraph (4) at the stage of the growing crop shall be treated properly immediately upon their

appearance or, where appropriate, shall be eliminated. In the case of bulbs of shallots and garlic, the

following requirements shall also be met: the propagation material shall be derived directly from

material which, at the stage of the growing crop, has been checked and found to be substantially free

from any harmful organisms and diseases, or signs or symptoms thereof referred to in paragraph (4)

and in particular from those listed in Schedule III.

(6) The material shall have identity and purity in respect of genera or species and shall also have

sufficient varietal identity and varietal purity.

(7) The material shall be substantially free from defects likely to impair its quality as propagation or

planting material. The vigour and dimensions of the material shall be satisfactory in respect of its

usefulness as vegetable propagation and planting material. Furthermore, an appropriate balance shall

be assured between the roots, stems and leaves.

B

Schedule III

List of specific harmful organisms and diseases liable to affect quality

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Delia spp.

- Ditylenchus dipsaci

- Thysanoptera, especially Thrips tabaci

Fungi

- Botrytis spp.

- Peronospora destructor

- Sclerotium cepivorum

Viruses and virus -like organisms

All, especially Onion yellow dwarf virus.

Insects, mites and nematodes at all stages of their development

- Delia spp.

- Ditylenchus dipsaci

- Meloidogyne spp.

- Thysanoptera, especially Thrips tabaci

Bacteria

- Pseudomonas spp.

Fungi

- Botrytis spp.

- Fusarium oxysporum f. sp. cepae

- Peronospora destructor

- Sclerotium cepivorum

Viruses and virus -like organisms

All, especially Onion yellow dwarf virus.

Insects, mites and nematodes at all stages of their development

- Delia spp.

- Ditylenchus dipsaci

- Thysanoptera, especially Thrips tabaci

Fungi

- Sclerotium cepivorum

Viruses and virus -like organisms

All.

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Delia spp.

- Ditylenchus dipsaci

- Thysanoptera

Bacteria

- Pseudomonas spp.

Fungi

- Alternaria porri

- Fusarium culmorum

- Phytophthora porri

- Sclerotium cepivorum

Viruses and virus -like organisms

All, especially Leek yellow stripe virus.

Insects, mites and nematodes at all stages of their development

- Aceria tulipae

- Delia spp.

- Ditylenchus dipsaci

- Thysanoptera

Bacteria

- Pseudomonas fluorescens

Fungi

- Sclerotium cepivorum

Viruses and virus -like organisms

All, especially Onion yellow dwarf virus.

Insects, mites and nematodes at all stages of their development

- Acidia heraclei

- Lygus spp.

- Psila rosae

- Thysanoptera, especially Frakliniella occidentalis and Thrips tabaci

Bacteria

- Erwinia carotovora subsp. carotovora

- Pseudomonas syringae pv. apii

Fungi

- Fusarium oxysporum f. sp. apii

- Phoma apiicola

- Pythium spp.

- Sclerotinia sclerotiorum

- Septoria apiicola

Viruses and virus -like organisms

All, especially Celery mosaic virus and Cucumber mosaic virus.

B

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Brachyorynella asparagi

- Hypopta caestrum

- Platyparea poecyloptera

Fungi

- Fusarium spp.

- Rhizoctonia violacea

Viruses and virus -like organisms

All.

Insects, mites and nematodes at all stages of their development

- Pegomyia betae

Fungi

- Phoma betae

Viruses and virus -like organisms

All, especially Beet necrotic yellow vein virus.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Heterodera spp.

- Lepidoptera, especially Pieris brassicae

- Thysanoptera, especially Frankliniella occidentalis

Bacteria

- Pseudomonas syringae pv. maculicola

- Xanthomonas campestris pv. campestris

Fungi

- Alternaria brassicae

- Mycosphaerella spp.

- Phoma lingam

- Plasmodiophora brassicae

- Pythium spp.

- Rhizoctonia solani

Viruses and virus -like organisms

All, especially Cauliflower mosaic virus, Tospoviruses and Turnip

mosaic virus.

Insects, mites and nematodes at all stages of their development

- Aphididae

- Lepidoptera, especially Pieris brassicae

Bacteria

- Erwinia carotovora

- Xanthomonas campestris pv. campestris

Fungi

- Alternaria brassicae

Specific harmful organisms and diseases

- Botrytis cinerea

- Mycosphaerella spp.

- Phoma lingam

- Plasmodiophora brassicae

- Sclerotinia spp.

Viruses and virus -like organisms

All, especially Tospoviruses.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Leptinotarsa decemlineata

- Ostrinia nubilalis

- Phthorimaea operculella

- Tetranychidae

- Thysanoptera, especially Frankliniella occidentalis

Fungi

- Leveilulla taurica

- Pyrenochaetea lycopersici

- Pythium spp.

- Phytophthora capsici

- Verticillium albo atrum

- Verticillum dahliae

Viruses and virus -like organisms

All, especially Cucumber mosaic virus, Tomato mosaic virus, Pepper

mild mottle virus and Tobacco mosaic virus.

Insects, mites and nematodes at all stages of their development

- Aphididae

- Thysanoptera, especially Frankliniella occidentalis

Fungi

- Botrytis cinerea

- Erysiphe cichoriacearum

- Sclerotinia spp.

Viruses and virus -like organisms

All, especially Beet western yellow virus and Lettuce mosaic virus.

Insects, mites and nematodes at all stages of their development

- Aphididae

- Napomyza cichorii

- Apion assimile

Bacteria

- Erwinia carotovora

- Erwinia chrysanthemi

- Pseudomonas marginalis

Fungi

- Phoma exigua

- Phytophthora erythroseptica

- Pythium spp.

- Sclerotinia sclerotiorum

B

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Meloidogyne spp.

- Polyphagotarsonemus latus

- Tetranychus spp.

- Thysanoptera, especially Frankliniella occidentalis

Fungi

- Colletotrichum lagenarium

Viruses and virus -like organisms

All, especially Watermelon mosaic virus 2.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Meloidogyne spp.

- Polyphagotarsonemus latus

- Tetranychus spp.

- Thysanoptera, especially Frankliniella occidentalis

Bacteria

- Pseudomonas syringae pv. lachrymans

Fungi

- Colletotrichum lagenarium

- Fusarium spp.

- Pythium spp.

- Sphaerotheca fuliginea

- Verticillium spp.

Viruses and virus -like organisms

All, especially Cucumber green mottle virus, Cucumber mosaic virus and

Squash mosaic virus.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Delia platura

- Meloidogyne spp.

- Polyphagotarsonemus latus

- Tetranychus spp.

- Thysanoptera, especially Frankliniella occidentalis

Bacteria

- Pseudomonas syringae pv. lachrymans

Fungi

- Fusarium spp.

- Phytophthora spp.

- Pseudoperonospora cubensis

- Pythium spp.

- Rhizoctonia spp.

- Sphaerotheca fuliginea

- Verticillium spp.

Viruses and virus -like organisms

All.

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Meloidogyne spp.

- Polyphagotarsonemus latus

- Tetranychus spp.

- Thysanoptera, especially Frankliniella occidentalis

Viruses and virus -like organisms

All.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Meloidogyne spp.

- Polyphagotarsonemus latus

- Tetranychus spp.

- Thysanoptera, especially Frankliniella occidentalis

Bacteria

- Pseudomonas syringae pv. lachrymans

Fungi

- Fusarium spp.

- Sphaerotheca fuliginae

- Verticillium spp.

Viruses and virus -like organisms

All, especially Cucumber mosaic virus, Squash mosaic virus, Zucchini

yellow mosaic virus and Tospoviruses.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Thysanoptera

Fungi

- Bremia lactucae

- Leveilulla taurica f. sp. cynara

- Pythium spp.

- Rhizoctonia solani

- Sclerotium rolfsii

- Sclerotinia sclerotiorum

- Verticillium dahliae

Viruses and virus -like organisms

All.

B

Specific harmful organisms and diseases

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Thysanoptera

Bacteria

- Erwinia carotovora subsp. carotovora

- Pseudomonas marginalis pv. marginalis

Fungi

- Cercospora foeniculi

- Phytophthora syringae

- Sclerotinia spp.

Viruses and virus -like organisms

- Celery mosaic virus.

Insects, mites and nematodes at all stages of their development

- Aphididae

- Meloidogyne spp.

- Thysanoptera, especially Frankliniella occidentalis

Fungi

- Botrytis cinerea

- Bremia lactucae

- Pythium spp.

Viruses and virus -like organisms

All, especially Lettuce big vein, Lettuce mosaic virus and Lettuce ring

necrosis.

Insects, mites and nematodes at all stages of their development

- Aphididae

- Aleyrodidae

- Hauptidia maroccana

- Meloidogyne spp.

- Tetranychus spp.

- Thysanoptera, especially Frankliniella occidentalis

- Vasates lycopersici

Bacteria

- Pseudomonas syringae pv. tomato

Fungi

- Alternaria solani

- Cladosporium fulvum

- Colletotrichum coccoides

- Didymella lycopersici

- Fusarium oxysporum

- Leveilulla taurica

- Phytophthora nicotianae

- Pyrenochaeta lycopersici

- Pythium spp.

Specific harmful organisms and diseases

Fungi

- Rhizoctonia solani

- Sclerotinia sclerotiorum

- Verticillium spp.

Viruses and virus -like organisms

All, especially Cucumber mosaic virus, Potato virus X, Potato virus Y,

Tobacco mosaic virus, Tomato mosaic virus and Tomato yellow leaf curl

virus.

Bacteria

- Agrobacterium tumefaciens

- Erwinia rhapontici

Fungi

- Armillariella mellea

- Verticillium spp.

Viruses and virus -like organisms

All, especially Arabis mosaic virus and Turnip mosaic virus.

Insects, mites and nematodes at all stages of their development

- Aleyrodidae

- Aphididae

- Hemitarsonemus latus

- Leptinotarsa decemlineata

- Meloidogyne spp.

- Tetranychidae

- Thysanoptera, especially Frankliniella occidentalis

Fungi

- Fusarium spp.

- Leveilulla taurica f. sp. cynara

- Rhizoctonia solani

- Pythium spp.

- Sclerotinia sclerotiorum

- Verticillium spp.

Viruses and virus -like organisms

All, especially Cucumber mosaic virus, Eggplant mosaic virus, Potato

virus Y and Tobacco mosaic virus.

B

Schedule IV

Supervision and monitoring of suppliers and their establishments

(1) This Schedule lays down implementing measures concerning the supervision and monitoring of

suppliers and their establishments, other than those whose activity is confined to the placing on the

market of vegetable propagation and planting material, pursuant to subregulation 10(4) of these

regulations , in cases where the checks referred to in subregulation 9(2) of these regulations are

carried out by the suppliers themselves or by an accredited supplier.

(2) The Department shall carry out regularly, at least once a year at an appropriate time, supervision and

monitoring of suppliers and their establishments in order to ensure continued compliance with the

requirements la id down in these regulations and in particular with the principles set out in sub-

paragraphs (i) to (iv) of paragraph 9(2)(a) thereof, account being taken of the particular nature of the

activity or activities of the supplier.

(3) As far as the identification of critical points in the production process referred to in sub-paragraph (i)

of paragraph 9(2)(a) and the keeping of records referred to in sub-paragraph (iv) of paragraph

9(2)(a), thereof are concerned, the Department shall supervise and monitor the supplier to ensure that

the supplier

(a) continues to take into account the following critical points, where appropriate

(i) the quality of the vegetable propagation and planting material utilized to start the

production process,

(ii) the sowing, pricking-out, potting-up and planting of vegetable propagation and

planting material,

(iii) compliance with the conditions laid down in the Act,

(iv) the cultivation plan and method,

(v) general crop care,

(vi) the multiplication operations,

(vii) the harvesting operations,

(viii) hygiene,

(ix) treatments,

(x) packaging,

(xi) storage,

(xii) transport, and

(xiii) administration;

(b) keeps records, with a view to having complete information available for the Department on

(i) plants or other objects

- purchased for storage or planting on the premises,

- under production, or

- dispatched to others;

and

(ii) any chemical treatments that have been applied to the plants, and the related documents

that are kept for at least one year;

(c) is available personally or designates another person technically experienced in plant

production and related plant-health matters, to liase with the Department;

(d) carries out visual inspections as necessary and at appropriate times in a manner accepted by

the Department; and

B

(e) allows access by persons entitled to act for the Department, in particular for inspection and,

or sampling purposes, and allows access to the records and related documents referred to in point

(b);

(f)

otherwise cooperates with the Department.

(4) As far as the establishment and implementation of methods for monitoring and checking the critical

points as referred to sub-paragraph (ii) of paragraph 9(2)(a) of these regulations are concerned, the

Department shall supervise and monitor the supplier to ensure that, where appropriate, such methods

continue to be carried out, giving particular attention to

(a) the availability and actual use of methods for checking each of the critical points mentioned

in point 3 of this Schedule ;

(b) the reliability of those methods;

(c) their suitability for an assessment of the content of the production and marketing

arrangements, including the administrative aspects; and

(d) the competence of the supplier’s staff to carry out the checks.

(5) As far as the taking of samples for analysis in an accredited laboratory as referred to in sub-paragraph

(iii) of paragraph 9(2)(a) of these regulations is concerned, the Department shall supervise and

monitor the supplier to ensure, where appropriate, that

(i) samples are taken during the various stages of production at intervals established by the

Department when the production methods were verified at the time of accreditation;

(ii) samples are taken in a technically correct manner and using a statistically reliable procedure,

with particular attention to the kind of analysis to be carried out;

(iii) the persons who take the samples are qualified to do so; and

(iv) the analysis of samples is carried out by a laboratory that is accredited for that purposes

pursuant to subregulation 10(2) of these regulations.

B

Schedule V

Supplier’s Document

1. The supplier’s document referred to in regulation 11 of these regulations shall be of suitable material

which has not previously been used and shall be printed in Maltese or in English. It shall contain the

following information headings

(a) indication “EC quality”;

(b) indication of EU Member State code;

(c) indication of the responsible official body or its distinguishing code;

(d) registration or accreditation number;

(e) name of supplier;

(f) individual serial, week or batch number;

(g) date of issue of the supplier’s document;

(h) reference number of seed lot in the case of young plants raised directly from seeds marketed

pursuant to regulations 7 and 8 of the Seeds of Agricultural Plants and Vegetables Regulations,

2004. Alternatively, this reference number shall be made available, on request, to the

Department;

(i) common name, or where the material is accompanied by a plant passport in accordance with the

Act, the botanical name;

(j) denomination of the variety. In the case of rootstocks, denomination of the variety or its

designation;

(k) quantity;

(l) in the case of imports from third countries pursuant to , the name of the country of harvesting.

2. Where the material is accompanied by a plant passport in accordance with the Act, the plant passport

may, if the supplier so wishes, constitute the supplier’s document referred to in paragraph 1 of this

Schedule . Nonetheless, the remark “EC quality”, an indication of the responsible official body and

the denomination of the variety shall be included. In the case of imports from third countries, the

name of the country of harvesting must also be given. This information may be on the same

document as the plant passport, but this must be clearly separated.

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