Control of Potato Cyst Eelworm Regulations, 2004

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

L.N. 471 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Control of Potato Cyst Eelworm 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 Control of Potato Title and

commencement.

Cyst Eelworm Regulations, 2004.

(2) These regulations shall come into force on 15th

December, 2004.

These regulations concern the measures to be taken to Scope.

control Potato Cyst Eelworm (Globodera rostochiensis Woll.) and

to prevent it from spreading.

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

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

“the Commission” means the Commission of the European

Community<

“the Department” means the Plant Health Department.

Seed potatoes intended for marketing may be produced only Production of seed

on plots where an official investigation has been carried out and the potatoes.

plots recognised as uncontaminated by potato cyst eelworm.

(1) When an occurrence of Potato Cyst Eelworm is Contaminated

plots.

recorded, the Department shall mark the boundaries of the

contaminated plot.

(2)

On contaminated plots>

(a)

no potatoes may be grown.

(b) no plants intended for transplanting may be grown,

stored in the ground or otherwise.

Contaminated seed

Seed potatoes that are contaminated or suspected of being

contaminated shall, if they are distributed as seed potatoes, be treated

in such manner, to the satisfaction of the Director, that they are no

longer contaminated.

The Director shall revoke the measures taken to control

Potato Cyst Eelworm or to prevent it from spreading only if it is no

longer found to be present.

No person shall hold cultures of Potato Cyst Eelworm.

8.

(1) The Director may authorise exemptions from the

measures referred to in these regulations for scientific purposes, tests

and selection work, provided that such derogations do not prejudice

the control of the Potato Cyst Eelworm and create no risk of the

spread of this disease, and as long as the requirements laid down

Act XVIII of 2001. under the Plant Quarantine Act, 2001 are met.

(2)

The Director may authorise>

(a) by way of derogation from regulation 4(2)(a) the

growing on contaminated land of varieties of potato which are

resistant to pathotypes of Potato Cyst Eelworm found on the

land<

(b) by way of derogation from regulations 4(2)(a) the

growing on contaminated land of potatoes other than seed

potatoes, provided that such potatoes are to be harvested before

the cysts of Potato Cyst Eelworm mature<

(c) by way of derogation from regulations 4(2)(a) the

growing on contaminated land of potatoes other than seed

potatoes, where the ground has been decontaminated by

appropriate means.

(3) The Director shall ensure that the authorisations

referred to in sub regulations (1) and (2) of this regulation are granted

only where adequate controls guarantee that they do not prejudice

the control of Potato Cyst Eelworm and create no risk of the spread

of this pest.

The Director shall communicate to the Commission before Duty

communicate to

the 1st January of each year a list of all the varieties of potato accepted the Commission.

to be marketed locally and which were by official investigation found

to be resistant to Potato Cyst Eelworm. The pathotypes to which the

varieties are resistant shall also be forwarded to the Commission.

(1) The Director may adopt such additional or stricter Additional

provisions as may be deemed necessary for the control of Potato measures.

Cyst Eelworm or to prevent it from spreading.

(2) The Director shall have access to any premises where

an activity regulated by these regulations is being carried out, and

he shall also have access to all relevant information and records. He

may also collect samples of plants, plant products and other objects

and carry out any relevant checks thereon.

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