Recognition Of Protected Zones (Surveys) Regulations, 2004

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,543, 24 ta’ Frar, 2004

L.N. 96 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Recognition Of Protected Zones (Surveys) 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>-

The title of these regulations is The Recognition of Title and

Protected Zones (Surveys) Regulations, 2004. These regulations Commencement.

shall come into force on the 1st April, 2004.

The scope of these regulations is to lay down the conditions Scope.

to be met when requesting the recognition of a protected zone as

referred to in article 32 (1) (s) of the Plant Quarantine Act, 2001.

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<

“harmful organism” means any species, strain or biotype

of plant, animal or pathogenic agent injurious to plants or

plant products<

“Member State” means a member State of the European

Community<

“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 there 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 following conditions shall be met when

requesting the recognition of a protected zone>

(a) an official action programme shall be established to

seek confirmation that one or more of the harmful organisms

referred to in the Plant Quarantine (Harmful Organisms)

Regulations, 2004, in respect of which the zone is to be

recognized as a protected zone, are not endemic or established

there<

(b) the programme referred to in paragraph (a) of this

regulation shall be monitored by persons entitled to act for the

Department.

(2) The programme referred to in sub regulation (1) of

this regulation shall comprise>

(a) a survey based on an understanding of the biology

of any harmful organism of concern and of the agronomy and

environment of the relevant zone using appropriate methods of

analysis including growing medium and crop inspection and, if

necessary, laboratory testing,

(b) a permanent regime providing regular and systematic

surveys, at appropriate times, at least once a year, on the

presence of any harmful organism in respect of which the zone

is to be recognized as a protected zone,

(c) a system of keeping records of the results of the

surveys.

(3) The surveys referred to in sub regulation (1) of this

regulation shall be carried out by persons entitled to act for the

Department.

(4) The survey methodology and conduct shall be notified

to the Commission. The Commission shall forward this information

to the other Member States.

(1) In carrying out the surveys referred to in regulation Carrying

surveys.

4 of these regulations, the Department, in respect of harmful

organisms of the animal kingdom, other than nematodes, relevant to

forestry plants or plant products, which attack crops normally grown

in the open air, take account of the following guidelines>

(a)

the survey shall be carried out in the relevant zone<

(b) the survey methodology shall be based on a recording-

plot method, comprising the following elements> a network of

observation points shall be established following a systematic

grid covering the entire relevant zone< the following parameters

of each point shall be registered> number, actual latitude and

longitude coordinates, topography, and, where appropriate, a

site description shall be made. Where appropriate, additional

information may be collected< the observation points may be

marked< maps for representation of observation points may be

produced<

(c) the following criteria shall be used to decide the

suitability of an observation point>

(i) the area surrounding the point must be

sufficiently large to allow selection of the point,

(ii) in general the point shall be located in the

abovementioned area to allow the appropriate assessment

operations,

(iii) in special cases, where appropriate, other points

shall be selected, such as on sites where the risk of potential

introduction of any harmful organism of concern in an area

is high<

(d) where appropriate, meteorological, especially

precipitation and temperature, and edaphic data shall be

recorded, preferably on the site of the observation point, but

may also be obtained from a nearby station where these variables

are regularly measured. Extreme events, such as drought, heavy

rain, and other similar extreme meteorological occurrences,

which are likely to influence the observations shall also be

recorded<

(e)

the survey, at each observation point, shall be at least>

(i) concentrated on a representative number of units

of plants or plant products,

(ii) concentrated on one or more of the main host

plants or plant products of any harmful organism of

concern< where appropriate, other hosts shall also be

included,

(iii) comprising visual inspections to determine the

presence of symptoms or signs of any harmful organism

of concern, carried out at a time when such symptoms or

signs would be expected to be at their maximum,

(iv)

in cases of doubt, laboratory testing of samples<

(f) where appropriate, at the observation points, traps

which attract the relevant organisms shall be used< the type and

number of traps to be used as well as the method of trapping

shall take into account the biology of the pest.

(2) Any further measure, which is appropriate to ensure

that the conditions laid down in regulation 4 to these regulations are

met, may be taken.

(3) The Director may issue guidelines in respect of

harmful organisms other than those referred to therein, once the

necessary technical information is available.

(1) For the purposes of the foregoing provisions of these

regulations the Director shall have access to any premises where an

activity regulated by these regulations and the Plant Quarantine

(Harmful Organisms) Regulations, 2004 is being carried out and

shall 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.

(2) The Director may, where he deems appropriate, issue

guidelines, measures or operative procedures for the implementation

of these regulations.

(3) Without prejudice to the generality of sub regulation

(1) of this regulation, the Director may by notice published in the

Gazette lay down the minimum measures to be taken to be able to

carry out surveys for purposes of the recognition of protected zones.

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