Propagation Material of Vines Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,675, 12 ta’ Novembru, 2004

L.N. 470 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Propagation Material of Vines 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 Propagation Material Title and

commencement.

of Vines Regulations, 2004.

(2) These regulations shall come in force on the 15th

December, 2004. .

Conditions relating to the growing crop

Section A - General conditions

1. Varietal identity and purity

The crop shall have varietal identity and purity. The cultural condition of the

plantation and the stage of development of the plants shall be such as to permit varietal

identity and purity to be adequately checked.

2. Crop health

The greatest care shall be taken to ensure that the soil, for stock and multiplication

nurseries intended for the cultivation of basic or certified material, is not infected with

harmful organisms or their vectors, in particular nematodes (especially Xiphinema

index) which carry viral diseases. All other nematodes should be present in very low

populations. Harmful organisms that reduce the usefulness of the propagation material

and harmful viral diseases, especially grapevine fan-leaf and leaf roll must not be

present in crops intended for the production of basic material. Crops intended for the

production of propagation material of the other categories shall be kept free from plants

showing symptoms of harmful diseases.

3. Failure Rate

The failure rate attributable to harmful organisms shall not exceed>

(i)

5% in stock nurseries intended for the production of certified

propagation material,

and

(ii)

10% in stock nurseries intended for the production of standard

propagation material<

If failure can be ascribed to other than plant health factors and if the failure rate

exceeds the abovementioned percentages, these reasons shall be entered in the file.

4. Crop inspections

There shall be at least one crop inspection per year. A second crop inspection

shall be carried out in cases of disputes on matters which can be decided without

prejudice to the quality of the propagation material.

Section B - Special conditions

1. Isolation distances

Multiplication nurseries shall not be established within, or within ten meters from

vineyards for the production of fruit. In the case of terraced fields, a multiplication

nursery should always be established on the top terrace when vineyards for fruit

production already exist.

2. Production of rooted cuttings and rooted grafts

The parts of vine plants used for the production of rooted cuttings and rooted

grafts shall be taken from stock nurseries that have been inspected and approved.

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

assuring that any vine propagation material 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 plant material utilised

for the vegetative propagation of vines, hereinafter referred to as the

propagation material as hereinafter defined, produced and marketed

within the European Union.

Conditions relating to propagation material

Section A - General conditions

Varietal identity and purity

Propagation material shall have varietal identity and a 1% tolerance shall be

accepted for the marketing of standard material. The minimum technical purity shall

be 96%.

The following shall be regarded as technically impure>

(i) wholly or partly desiccated propagation material, even when it has

been seeped in water after desiccation,

(ii) damaged, bent or injured propagation material, in particular when

damaged by hail or frost or when crushed or broken.

2. Health of propagation material

Propagation material should not be infected with harmful viral diseases, especially

grapevine fan-leaf and leaf roll, and harmful organisms that reduce its usefulness, or

their vectors, in particular nematodes (especially Xiphinema index) which carry viral

diseases.

Section B - Special conditions

Rooted grafts>

1.1 Rooted grafts consisting of basic material grafted on to basic material or of

basic material grafted on to certified material, shall be classified as basic material.

Rooted grafts consisting of certified material grafted on to basic material or of certified

material grafted on to certified material shall be classified as certified material. All

other combinations shall be classified as standard material.

1.2 Parts of young vine plants>

The vine shoots shall have reached an adequate state of maturity of the wood. The

wood/pith ratio shall be normal for the variety.

Section C - Grading

1. Rootstock cuttings for grafting, nursery cuttings and top-graft cuttings>

1.1 Diameter

This shall be measured at the widest point of the top cross-section.

1.1.1 rootstock cuttings for grafting and top-grafting cuttings>

1.1.1.1 top diameter>

(i) Vitis rupestris and its crossing with Vitis vinifera, 6 to 12mm<

(ii) other varieties, 6.5 to 12mm<

The number of shoots with a diameter of not more than 7mm in the case of Vitis

rupestris and its crossings with Vitis vinifera, and not more than 7.5mm for other

varieties, shall not exceed 25% of the batch.

1.1.1.2 maximum butt-end diameter, 14mm except in the case of top-graft

cuttings for grafting plants in situ. The cut shall be made at least 2cm below the

lowest eye.

1.1.2 nursery cuttings>

minimum top diameter, 3.5mm.

1.2 Length>

1.2.1 rootstock cuttings for grafting>

minimum length from the lowest part of the lowest node taking into account

the uppermost internode, 1.05m.

1.2.2 nursery cuttings>

minimum length from the lowest part of the lowest node taking into account

the uppermost internode, 55cm< in the case of Vitis vinifera, 30cm.

1.2.3 top-graft cuttings>

- with five usable eyes, minimum length from the lowest part of the

lowest node taking into account the uppermost internode, 50cm,

- with one usable eye, minimum length 6.5cm< the cut shall be made at a minimum

distance of 1.5cm above the eye and 5cm below the eye.

Rooted cuttings>

2.1 Diameter>

The diameter measured at the middle of the internode immediately under the

extension growth and along the longest axis, shall be not less than 5mm.

2.2 Length>

The distance from the lowest point at which the roots emerge to the base of the

extension growth, shall be not less than>

2.2.1 for rootstocks, 30cm<

2.2.2 for other rooted cuttings, 22cm.

2.3 Roots

Each plant shall have at least three well-developed and well-spaced roots. However,

the 420A variety may have only two well-developed roots, provided that they are on

opposite sides.

Rooted grafts>

3.1 The stem shall be at least 20cm long.

3.2 Roots>

Each plant shall have at least three well-developed and well-spaced roots. However,

the 420A variety may have only two well-developed roots, provided that they are on

opposite sides.

3.3 Union>

Each plant shall have an adequate, regular and secure union.

For the purpose of these regulations, the following definitions Interpretation.

shall apply>

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

“basic propagation material” refers to propagation material

that>

(i) has been produced under the responsibility of the

grower according to accepted practices for the maintenance

of the identity of the variety and, where applicable, of the

clone, and for the prevention of diseases, and which is obtained

by vegetative propagation directly from initial propagation

material<

(ii) is intended for the production of certified

propagation material<

(iii) satisfies the conditions laid down in Schedules I

and II for basic propagation material< and

(iv) has been found by official examination, to satisfy

the above mentioned conditions<

“certified propagation material” refers to propagation material

that>

(i) is obtained directly from basic or initial propagation

material<

(ii) is intended for -

(aa) the production of young plants or parts of

plants for use in the production of grapes, or

(bb) the production of grapes<

(iii) satisfies the conditions laid down in Schedules I

and II for certified propagation material< and

(iv) has been found by official examination, to satisfy

the above conditions<

“clones” are the vegetative progeny of a variety that is true to

a vine stock chosen on account of its varietal identity, its phenotypic

characters and its health status<

“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<

“initial propagation material” refers to propagation material

that>

(i) has been produced under the responsibility of the

grower according to accepted practices for the maintenance

of the identity of the variety and, where applicable, of the

clone, and for the prevention of diseases<

(ii) is intended for the production of basic or certified

propagation material<

(iii) satisfies the conditions laid down in Schedules I

and II of these regulations for basic propagation material.

These Schedules may be amended to alter or set additional or

more stringent conditions for the certification of initial

propagation material< and

(iv) has been found by official examination, to satisfy

the above conditions<

“marketing” refers to the sale, holding with a view to sale,

offer for sale and any disposal, supply or transfer, aimed at the

commercial exploitation of propagation material to third parties,

whether or not for consideration. Trade in propagation material

not aimed at commercial exploitation of the variety, such as the

following operations, shall not be regarded as marketing>

(a) the supply of propagation material to official testing

and inspection bodies< and

(b) the supply of propagation material to providers of

services for processing or packaging, provided that the

provider of services does not acquire title to propagation

material thus supplied.

The rules for the application of these provisions shall be

adopted in accordance with the procedure established by the European

“National Certification Service” is made up of the Plant Health

Service includingt the Seeds and other Propagation Material Unit<

“nurseries” may be subdivided as follows -

(a) multiplication nurseries which are nurseries used

for the cultivation of rooted cuttings or rooted grafts< and

(b) stock nurseries which are nurseries utilised for the

production of rootstock cuttings for grafting, nursery cuttings

or top-graft cuttings<

“official measures” are measures taken -

(a)

by the National Certification Service,

(b) by any legal person whether governed by public or by

private law, acting under the responsibility of the same Service, or

(c) in the case of ancillary activities which are also subject

to the Service’s control, by any natural person duly sworn for that

purpose>

Provided that the persons mentioned under paragraphs (b) and (c)

derive no private gain from such measures<

“propagation material” refers to -

(a)

young vine plants>

(i) rooted cuttings which are ungrafted pieces of rooted

vine shoot or herbaceous shoot intended for planting ungrafted

or for use as rootstocks<

(ii) rooted grafts that are pieces of vine shoot or

herbaceous shoot joined by grafting, the underground part of

which is rooted<

(b) parts of young vine plants>

(i)

vine shoots which are one-year old shoots<

(ii) herbaceous cuttings which are non-lignified shoots<

(iii) rootstock cuttings that can be grafted and that are

pieces of vine shoot or herbaceous shoot intended to form the

underground part when preparing rooted grafts,

(iv) top-graft cuttings which are pieces of vine shoot

or herbaceous shoot that are intended to form the part above

ground when preparing rooted grafts or when grafting plants

in situ<

(v) nursery cuttings being pieces of vine shoot or

herbaceous shoot intended for the production of rooted

cuttings<

“standard material” refers to propagation material that>

(i) has varietal identity and purity<

(ii) is intended for -

(aa) the production of young plants or parts of

plants for use in the production of grapes, or

(bb) the production of grapes<

(iii) satisfies the conditions laid down in Schedules I

and II for standard material< and

(iv) has been found by official examination, to satisfy

the above mentioned conditions<

“variety” means a plant grouping within a single botanical

taxon of the lowest known rank that can be>

(a) defined by the expression of the characters resulting

from a given genotype or combination of genotypes<

(b) distinguished from any other plant grouping by the

expression of at least one of the said characters< and

(c) considered as an entity in view of its ability to be

propagated unchanged<

“vines” are plants of the genus Vitis (L.) intended either for

the production of grapes or to be used as propagation material for

such plants.

Packaging

Composition of packages or bundles

Table 1.1>

Nature

Number

Rooted grafts

Rooted cuttings or roots

Top-graft cuttings-

with five usable eyes-

100 or 200

with one usable eye

500 or a multiple thereof

Rootstock cuttings for grafting

Nursery cuttings for grafting and of

varieties of Vitis vinifera

200 or 500

Other nursery cuttings

(1) No person shall produce, place on the market in Malta Certification.

or tranship through Malta prior to its transport to a Member State any

vine propagation material unless this has been certified by the National

Certification Service for any such purpose.

(2) No person shall market any vine propagation material

prior to registration according to the Plant Quarantine (Harmful

Organisms) Regulations, 2004 .

Official Labelling

(1) Required information>

(i) “EC standards”<

(ii) Name and address of the person responsible for sealing or his

identification number<

(iii) Authority responsible for certification or checking and Member

State<

(iv) Reference number of batch<

(v) Variety and, where appropriate, the clone (for rooted grafts, the

clones of rootstocks and top-graft cuttings)<

(vi) Category<

(vii) Country of production<

(viii) Quantity.

In the case of rooted cuttings and rooted grafts, the particulars referred to in

points (i),(ii),(v),(vi) and (vii) of (1) are sufficient.

(2)

Additional information allowed for basic propagation material and

for certified propagation material>

“The basic material/the materials of a vegetative stage prior thereto have

been tested by … (authority) and have been confirmed free of … (viral disease)

according to … (test method)”.

For basic and certified propagation material, this information can refer to

leaf roll and fan-leaf and in the case of rootstock also to mottling. The tests must be

officially recognised. They must have been carried out over a period of at least three

years by an officially recognised and controlled authority.

The following test methods may be applied>

- for all viral diseases, the indexing methods in the case of vine plants<

- for fan-leaf, in addition to the preceding methods, the indexing method in

the case of herbaceous plants, and also the serology method.

(3) Minimum dimensions

(i) 110 X 67mm for rootstock cuttings for grafting, top-graft cuttings

and nursery cuttings< and

(ii) 80 X 70mm for rooted cuttings and rooted grafts.

(4) Colour of the label

It shall be white for basic material, blue for certified material and dark yellow

for standard material.

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

or transhipping through Malta prior to its transport to a Member State

any propagation material shall notify the National Certification Service.

(2) A notice submitted in accordance with sub-regulation

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

and within such time as the Director may from time to time by notice in

the Gazette, establish.

General certification

Characteristics considered in the examination for

distinctness, stability and homogeneity

Section A - Morphological characteristics

1. Leaf-bud formation on a growing branch 10 to 20cm long>

1.1 shape

1.2 colour (on opening to allow observation of the anthocyanins)

1.3 pilosity.

2. Herbaceous branch at time of flowering>

2.1 transveral cross-section (shape and contour)

2.2 pilosity.

3. Ligneous shoot>

3.1 surface

3.2 merithallus.

4. Distribution of tendrils

5. Young leaves at the top on a growing branch 10 to 30cm long (first three

leaves clear of the leaf-bud formation counted from that point)>

5.1 colour

5.2 pilosity.

Mature leaf (situated between the 8 th and the 11 th node)>

6.

6.1 photograph

6.2 drawing or direct print with scale

6.3 general shape

6.4 number of foliar lobes

6.5 petiolar sinus

6.6 depth of the upper and lower lateral sinus

6.7 pilosity of the lower surface

6.8 surface

6.9 lateral serration.

7. Flower>

7.1 apparent sex.

8. Bunch of grapes at industrial maturity (as regards wine grape varieties and

table grape varieties)>

8.1 photograph (with scale)

8.2 shape

8.3 size

8.4 peduncle (length)

8.5 average weight in grams

8.6 picking off

8.7 compactness of bunch.

9. Berry at industrial maturity (as regards wine grape varieties and table grape

varieties)>

9.1 photograph (with scale)

9.2 shape

9.3 shape with indication of average weight

9.4 colour

9.5 skin (as regards table grape varieties)

9.6 number of pips (as regards table grape varieties)

9.7 pulp

9.8 juice

9.9 flavour.

10. Seeds (as regards wine grape varieties and table grape varieties)>

10.1 photograph of the two sides and profile (with scale).

Section B - Physiological characteristics

1. Vegetative phenomena>

1.1 Establishment of phenological dates>

These are established in comparison with one or more of the control varieties>

1.2 Date of opening>

Date on which half the eyes of a normally pruned vine have burst open, showing

their internal pilosity in relation to that of control varieties.

1.3 Date of full flowering>

Date when for a certain number of plants, half the flowers are open compared

with control varieties.

1.4 Maturity (as regards wine grape varieties and table grape varieties)>

In addition to the period of maturity, an indication shall be given of the density or

probable degree of the must, its acidity and the corresponding yield of grapes expressed

in kilograms per hectare, compared with one or more control varieties, giving if possible

yields of a similar size.

Cultivation characteristics>

2.1 Vigour

2.2 Habit of growth (position of first fruit-bearing bud, preferred size)

2.3 Production>

2.3.1 regularity

2.3.2 yield

2.3.3 anomalies

2.4 Resistance or sensitivity>

2.4.1 to unfavourable conditions

2.4.2 to pests

2.4.3 proneness to bursting of the grape.

2.5 Behaviour during vegetative propagation>

2.5.1 grafting

2.5.2 propagation by cuttings.

3. Utilisation>

3.1 wine grapes

3.2 table grapes

3.3 as rootstocks

3.4 for industrial uses.

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

of regulation 5 hereof, the National Certification Service shall ascertain

that the conditions for certification have been met and the National

Certification Service 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 sub-regulation (1) of this regulation, the National

Certification Service shall inspect, collect and test such sample or

samples as may be required 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, sample and testing were carried out in accordance with sub-

regulation (2) hereof.

Minimum conditions for carrying out inspections on vine varieties

1. Ecological information

1.1 Place

1.2 Geographical conditions>

1.2.1 longitude

1.2.2 latitude

1.2.3 altitude

1.2.4 exposure and slope

1.3 Climatic conditions

1.4 Type of soil.

2. Technical procedure

2.1 For wine grapes and table grapes>

2.1.1 twenty-four vines if possible on several different rootstocks

2.1.2 at least 3 years of production

2.1.3 at least two places having different ecological conditions

2.1.4 the taking of the graft should be examined with at least three varieties

of rootstocks.

2.2 For rootstock varieties

2.2.1 five vines with at least two forms of growth habits

2.2.2 five years after planting

2.2.3 three places having different ecological conditions

2.2.4 the taking of the graft should be examined with at least three varieties

of scion.

The National Certification Service may authorise any changes to this Schedule

and such changes shall be reported in the catalogue.

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

(1) A catalogue of vine varieties and where applicable,

clones, shall be established, maintained, updated and managed by the

Seeds and other Propagation Material Unit.

(2) The catalogue shall be divided into three sections>

(a) one section dedicated to varieties for the production of

table grapes<

(b) one section dedicated to varieties for the production of

grapes for wine production<

(c)

one section dedicated to rootstock varieties.

(3) The catalogue shall be open to public inspection.

(4) Each variety registered in the catalogue shall bear an

indication as to its official acceptance for certification and for checking

as standard propagation material in Malta by the National Certification

Service. The varieties and, where applicable clones, accepted, shall be

officially checked at regular intervals. If any of the conditions for

acceptance for certification or checking is no longer satisfied, acceptance

shall be revoked and the variety shall be deleted from the list. All

applications or withdrawals of applications for acceptance of a variety,

entries in a catalogue of varieties and amendments made to it, shall be

immediately communicated to the other Member States and to the

European Commission.

(5)

The catalogue shall indicate the principal

morphological and physiological characters by which the varieties can

be distinguished from one another.

(6)

No variety shall be accepted unless it is distinct, stable

and sufficiently uniform.

(7)

A variety shall be deemed to be distinct if it is clearly

distinguishable, by reference to the expression of the characteristics

resulting from a particular genotype or combination of genotypes, from

any other variety whose existence is a matter of common knowledge in

the European Union. A variety shall be deemed to be a matter of common

knowledge in the European Union if, on the date on which application

is duly made for its acceptance, it is either>

(a)

entered in the Maltese catalogue or in the catalogue

of another Member State, or

(b)

the subject of an application for acceptance in Malta

or in another Member State,

unless the conditions referred to in this sub-regulation are no longer

met in all the Member States concerned before a decision is made

regarding the application for acceptance of the new variety being

assessed.

(8)

A variety shall be regarded as being stable if the

expressions of the characters which are included in the examination for

distinctness, as well as any others used for the variety description, remain

unchanged after repeated propagation.

(9)

A variety shall be deemed to be uniform if, subject to

the variation that may be expected from the particular features of its

propagation, it is sufficiently uniform in the expression of those

characters which are included in the examination for distinctness, as

well as any others used for describing the variety.

(10) Acceptance of varieties to the catalogue shall be

requested through an official application addressed to the Seeds and

other Propagation Material Unit. Acceptance to the catalogue shall be

based on the results of official examinations, particularly growing trials,

covering a sufficient number of characters for the variety to be described

as indicated in Schedules V and VI. The methods used for determining

characters must be exact and reliable and shall also comply with the

regulations prescribed under the Wine Act (2001).

(11) The following shall be determined by the Viticulture

and Oenology Unit, with the advice of the Seeds and other Propagation

Material Unit, in accordance with the procedures adopted by the

European Union>

(i) the characters to be covered as a minimum by the

examinations< and

(ii) the minimum requirements for carrying out the

examinations.

(12) Synonyms and, or, homonyms shall also be indicated

in the catalogue.

(13) Varieties and clones accepted in the catalogues of the

other Member States are also accepted for certification and for the

checking of standard propagation material in Malta without prejudice

to Council Regulation No 1493/1999 of the 17 th May, 1999 on the

common organisation of the market of wine.

(14) Varieties, and where applicable, clones coming from

other Member States are subject to the same requirements as those which

apply to domestic varieties or clones, in particular as regards the

acceptance procedure.

(15) If and when genetically-modified varieties within the

meaning of Article 2 of Directive 2001/18/EC of 12 th March, 2001 of

the European Parliament and of the Council are available, such varieties

shall only be accepted if all appropriate measures have been taken to

avoid adverse effects on human health and the environment. Those

varieties accepted must be clearly indicated as such in the catalogue of

varieties. The National Certification Service shall further ensure that

any person marketing such a variety clearly indicates in the vine sales

catalogue that the variety is genetically-modified and states the purpose

of the modification.

(1) It shall be required that varieties and where applicable,

clones, accepted in the catalogue are maintained by selection for

conservation.

(2) Maintenance must always be verifiable on the basis of

records made by those responsible for maintenance of a variety and,

where applicable, of a clone. Samples may be requested from those

responsible for the maintenance of a variety. Where necessary, samples

may be taken officially.

(3) Maintenance may be carried out in another Member State

with the authorisations of both the Seeds and other Propagation Material

Unit and the Viticulture and Oenology Unit.

(1) Vine propagation material may not be placed on the Certification.

market unless>

(a) it has been officially certified as initial propagation

material, basic propagation material or certified propagation

material or, in the case of propagation material not intended for

use as rootstocks, is officially checked as standard material and

satisfies the conditions laid down in Schedule II<

(b) notwithstanding paragraph (a) as a transitional measure

up to 1 st January 2005, the marketing in Malta’s territory of standard

material intended for use as rootstocks and taken from parent plants

in existence on 23 rd February, 2002, shall be allowed<

(c) notwithstanding paragraph (a), the National Certification

Service may authorise local producers to place on the market

appropriate quantities of propagation material>

(i) for trials or scientific purposes<

(ii) for selection work< or

(iii) intended to help preserve genetic diversity>

(d) The conditions under which the authorisation is granted

in respect of subparagraph (c) shall be determined in accordance

with the procedures of the European Union. If and when

genetically-modified material is available, such authorisation may

be granted only if all the appropriate measures have been taken to

avoid endangering human health and the environment.

Environmental risk assessments and other checks have to be carried

out in this respect<

(e) in the case of propagation material produced by means

of in vitro propagation techniques, the following provisions may

be adopted in accordance with the procedures of the European

Union>

(i) derogation from specific provisions of these

regulations<

(ii)

conditions applicable to such propagation material<

(iii)

designations that may be used for such

propagation material< and

(iv) conditions to guarantee that the varietal

authenticity has first been verified.

While growing, during lifting or removal from the parent

vine, packaging, storage and transportation, propagation material shall

be kept in separate batches and shall be marked with the variety and,

where applicable, in the case of original propagation material, basic

material and certified material, with the clone.

(1) Packages and bundles of propagation material shall

be sealed officially or under official supervision, in such a manner that

they cannot be opened without damaging the seal or without the official

label referred to in sub-regulation 12(1) or, in the case of packaging,

the packaging showing signs of tampering. To ensure proper sealing,

the sealing device must comprise at least either the official label or an

official seal. Further sealing may take place only officially or under

official supervision.

(2) The sealing method or methods referred to in sub-

regulation (a) shall be determined and authorised by the National

Certification Service.

(1) It shall be required that an official label in Maltese or

in English, conforming to the specifications of Schedule IV be affixed

on the outside of packages and bundles of propagation material by means

of the sealing device. The colour of the label shall be white with a

diagonal violet stripe for initial material, white for basic material, blue

for certified material and dark yellow for standard material. Delible

printing shall not be permitted.

(2)

However, producers may be authorised to market

more than one package or bundle of grafted or rooted vines with the

same characteristics using a single label conforming to the specifications

in Schedule IV. In such cases, the packages or bundles shall be attached

together in such a way that the attachment is damaged on separation

and can no longer be put back. The label shall be affixed by means of

the attachment. No resealing shall be authorised.

(3)

In the case of genetically-modified material, any label

and document, official or otherwise, which is affixed to or accompanies

the batch of material under this legislation shall clearly indicate that the

variety has been genetically-modified and shall name the genetically-

modified organisms.

(4)

Without prejudice to Article 23(2) of Council

Regulation No 1493/1999, it may be required that each delivery of

material produced in Malta also be accompanied by a uniform document

featuring the following particulars inter alia>

(i) the nature of the goods<

(ii) the variety and, where applicable, the clone<

(iii) category<

(iv)

quantity<

(v) consignor< and

(vi) recipient.

The conditions to be set regarding this accompanying

document shall be established by the National Certification Service,

upon the advice of the Viticulture and Oenology Unit, in accordance

with the rules of the European Union.

(5)

The official label provided for under sub-regulation

(1) may also include the phytosanitary accompanying document

provided for in the Act regarding plant passports. However, all of the

conditions applicable to the official labelling and plant passports are

defined and must be recognised as equivalent.

(6)

The National Certification Service may indicate that

the official labels must be preserved by the recipient of the material for

the vegetative propagation of the vine for at least one year and made

available to the official control authority.

(1) It shall be required that propagation material be Marketing

propagation

marketed only in sufficiently homogeneous batches and in sealed material

packages or bundles bearing, as prescribed in regulations 12 and 13, a

sealing device and markings. Packaging shall comply with the provisions

of Schedule III.

(2)

By derogation from sub-regulation (1) hereof as

regards packaging, sealing and marking, the National Certification

Service may determine the provisions applicable to the sale of small

quantities to final consumers and also to market vines in pots, crates or

boxes.

(1) The National Certification Service shall ensure that

the identity of the propagation material is preserved, from the time of

its lifting, or its removal from the parent vines until its delivery to the

final consumer, by a system of official controls laid down by the National

Certification Service. The Service shall make suitable arrangements

for propagation material to be officially controlled during marketing, at

least by check sampling, as regards its compliance with the requirements

of these regulations.

(2)

Without prejudice to the free movement of material

within the European Union, all the necessary measures shall be taken

to ensure that the competent authorities are supplied with the following

particulars during the marketing of propagation material imported from

a third country>

(i) species (botanical name)<

(ii) variety and, where applicable, clone< in the case of

rooted grafts, such information shall apply both to the

rootstock and to the top-graft cutting<

(iii) category<

(iv) nature of propagation material<

(v) country of production and official control authority<

(vi) country of despatch, if different from the country

of production<

(vii) importer< and

(viii) quantity of material.

The manner in which these particulars are to be presented

may be determined by the National Certification Service in accordance

with the procedures established by the European Union.

It shall be provided that propagation material obtained

directly from basic material certified in a Member State and grown in

another Member State, may be certified in the State which produced

the basic material if the propagation material has undergone field

inspection satisfying the conditions laid down in Schedule I and if official

examination has shown that the conditions stated in Schedule II are

satisfied.

(1) To eliminate any temporary difficulties in the supply Less stringent

requirements.

of propagation material that cannot be overcome in any other way the

National Certification Service may authorise for a specified period, the

marketing of such quantity of propagation material of a category

satisfying less stringent requirements.

(2)

For a category of propagation material of any given

variety, the colour of the label shall be that provided for the

corresponding category. In all other cases it shall be brown. The label

shall always state that the propagation material in question is of a

category satisfying less stringent requirements.

The National Certification Service may, as regards the Additional

stringent

conditions laid down in Schedules I and II, impose additional or more requirements.

stringent requirements for the certification of propagation material or

the checking of standard material produced in Malta.

(1) Propagation material of vine varieties and where Marketing

restrictions.

applicable, clones, which have been officially accepted in one or more

Member States for certification and for checking as standard propagation

material in accordance with these regulations, shall not be subject to

any marketing restrictions as regards its characteristics, examination

arrangements, marking and sealing, other than those laid down in these

regulations, and are not subjected to any marketing restrictions based

on the variety, and, where applicable, clones, without prejudice to

Council Regulation No. 1493#1999.

(2)

The National Certification Service, upon the advice

of the Viticulture and Oenology Unit, may provide that after specified

dates, propagation material of certain vine varieties may not be placed

on the market unless it has been officially certified as basic material or

certified material.

The National Certification Service may, as a transitional Equivalence.

measure, after the entry into force of these regulations, provide that

propagation material which has been used for establishing stock nurseries

or multiplication nurseries is equivalent to propagation material certified

or checked in accordance with the provisions of these regulations, if

before being so used it afforded the same assurances as propagation

material certified or checked in accordance with these regulations.