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Plant Quarantine (Harmful Organisms) Regulations, 2004

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Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

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

L.N. 97 of 2004

PLANT QUARANTINE ACT, 2001

(ACT NO. XI OF 2001)

Plant Quarantine (Harmful Organisms) 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>-

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

The title of these regulations is the Plant Quarantine (Harmful Title and

commencement.

Organisms) Regulations, 2004 and they shall come into force on the 1st

April, 2004.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

PART A

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN MALTA

SHALL BE BANNED

Section I

HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN ANY PART OF THE COMMUNITY AND

RELEVANT FOR THE ENTIRE COMMUNITY

(a) Insects, mites and nematodes, at all stages of their development

1. Acleris spp. (non-European)

2. Amauromyza maculosa (Malloch)

3. Anomala orientalis Waterhouse

4. Anoplophora chinensis (Thomson)

Anoplophora glabripennis (Motschulsky)

5. Anoplophora malasiaca (Forster)

6. Arrhenodes minutus Drury

7. Bemisia tabaci Genn. (non-European populations) vector of viruses such as

(a) Bean golden mosaic virus

(b) Cowpea mild mottle virus

(c) Lettuce infectious yellows virus

(d) Pepper mild tigré virus

(e) Squash leaf curl virus

(f) Euphorbia mosaic virus

(g) Florida tomato virus

8. Cicadellidae (non-European) known to be vector of Pierce's disease (caused by Xylella fastidiosa),

such as

(a) Carneocephala fulgida Nottingham

(b) Draeculacephala minerva Ball

(c) Graphocephala atropunctata (Signoret)

9. Choristoneura spp. (non-European)

10. Conotrachelus nenuphar (Herbst)

Diabrotica barberi Smith and Lawrence

Diabrotica undecimpunctata howardi Barber

Diabrotica undecimpunctata undecimpunctata Mannerheim

Diabrotica virgifera Le Conte

11. Heliothis zea (Boddie)

Hirschmanniella spp., other than Hirschmanniella gracilis (de Man) Luc and Goodey

12. Liriomyza sativae Blanchard

13. Longidorus diadecturus Eveleigh and Allen

14. Monochamus spp. (non-European)

15. Myndus crudus Van Duzee

16. Nacobbus aberrans (Thorne) Thorne and Allen

Naupactus leucoloma Boheman

17. Premnotrypes spp. (non-European)

18. Pseudopityophthorus minutissimus (Zimmermann)

19. Pseudopityophthorus pruinosus (Eichhoff)

20. Scaphoideus luteolus (Van Duzee)

21. Spodoptera eridania (Cramer)

22. Spodoptera frugiperda (Smith)

23. Spodoptera litura (Fabricus)

24. Thrips palmi Karny

25. Tephritidae (non-European) such as

(a) Anastrepha fraterculus (Wiedemann)

(b) Anastrepha ludens (Loew)

(c) Anastrepha obliqua Macquart

(d) Anastrepha suspensa (Loew)

(e) Dacus ciliatus Loew

(f) Dacus curcurbitae Coquillet

(g) Dacus dorsalis Hendel

(h) Dacus tryoni (Froggatt)

(i) Dacus tsuneonis Miyake

(j) Dacus zonatus Saund.

(k) Epochra canadensis (Loew)

(l) Pardalaspis cyanescens Bezzi

(m) Pardalaspis quinaria Bezzi

(n) Pterandrus rosa (Karsch)

(o) Rhacochlaena japonica Ito

(p) Rhagoletis cingulata (Loew)

(q) Rhagoletis completa Cresson

(r) Rhagoletis fausta (Osten-Sacken)

(s) Rhagoletis indifferens Curran

(t) Rhagoletis mendax Curran

(u) Rhagoletis pomonella Walsh

(v) Rhagoletis ribicola Doane

(w) Rhagoletis suavis (Loew)

26. Xiphinema americanum Cobb sensu lato (non-European populations)

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) The scope of these regulations is to make provision to Scope and

safeguard against the introduction and spread in Malta of harmful applicability.

organisms.

(b) These regulations shall apply to any movement and

introduction of plant, plant products and other objects specified in these

regulations whether within or into Malta.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

PART A

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND SPREAD WITHIN, MALTA SHALL BE

BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT PRODUCTS

Section I

HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE

ENTIRE COMMUNITY

(a) Insects, mites and nematodes, at all stages of their development

Subject of contamination

Plants of Fuchsia L., intended for planting, other than seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Fragaria L., intended for planting, other than seeds

Plants of Fragaria L., intended for planting, other than seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Seeds of Oryza spp.

Plants of Juniperus L., other than fruit and seeds, originating in non-European

countries

Plants of Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L.,

Pseudotsuga Carr. and Tsuga Carr., other than fruit and seeds, and wood of conifers

(Coniferales), originating in non-European countries

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds,

originating in non-European countries

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, and

Murraya König, other than fruit and seeds

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds,

originating in non-European countries

Plants of Crataegus L., Malus Mill., Photinia Ldl., Prunus L. and Rosa L., intended

for planting, other than seeds, and fruit of Malus Mill. and Prunus L., originating in

non-European countries

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, other than

fruit and seeds

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds,

originating in non-European countries

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Seeds of Cruciferae, Gramineae and Trifolium spp., originating in Argentina,

Australia, Bolivia, Chile, New Zealand and Uruguay

Plants of Vitis L., other than fruit and seeds

Plants of Pyrus L., other than seeds, originating in non-European countries

Plants of Juniperus L., other than fruit and seeds, originating in non-European

countries

Plants of conifers (Coniferales), other than fruit and seeds, wood of conifers

(Coniferales) with bark, and isolated bark of conifers (Coniferales), originating in

non-European countries

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds, and Plants of Araceae, Marantaceae, Musaceae, Persea spp.,

Strelitziaceae, rooted or with growing medium attached or associated

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

seeds

Plants of conifers (Coniferales), over 3 m in height, other than fruit and seeds, wood

of conifers (Coniferales) with bark, and isolated bark of conifers (Coniferales),

originating in non-European countries

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds,

originating in non-European countries

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids and

Clausena Burm. f., other than fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Subject of contamination

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Seeds of Zea mais L.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

seeds

Seeds of Oryza spp.

Subject of contamination

Plants of Cydonia Mill., Malus Mill. and Pyrus L. intended for planting, other than

seeds, originating in non-European countries

Plants of Corylus L., intended for planting, other than seeds, originating in Canada

and the United States of America

Plants of Prunus L. intended for planting, other than seeds

Plants of Pinus L., other than fruit and seeds, isolated bark and wood of Pinus L.

Plants of Acer saccharum Marsh., other than fruit and seeds, originating in North

American countries, wood of Acer saccharum Marsh., including wood which has not

kept its natural round surface, originating in North American countries

Plants of Pinus L., other than fruit and seeds, and wood of Pinus L.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

seeds

Plants of Camelia L., intended for planting, other than seeds, originating in non-

European countries

Plants of Vaccinium spp., intended for planting, other than seeds

Plants of Fortunella Swingle, Poncirus Raf., and their hybrids, other than fruit and

seeds and plants of Citrus L. and their hybrids, other than seeds and other than fruits,

except fruits of Citrus reticulata Blanco and of Citrus sinensis (L.) Osbeck

originating in South America

Plants of Phoenix spp., other than fruit and seeds

11. Guignardia citricarpa Kiely Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

(all strains pathogenic to Citrus) seeds

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L., other than seeds,

originating in non-European countries

Plants of Solanaceae, other than fruit and seeds

Plants of Pinus L., other than fruit and seeds

Plants of Pyrus L., intended for planting, other than seeds, originating in non-

European countries

(d) Virus and virus-like organisms

Subject of contamination

Plants of Beta vulgaris L., intended for planting, other than seeds

Plants of Rubus L., intended for planting

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Palmae, intended for planting, other than seeds, originating in non-

European countries

Plants of Rubus L., intended for planting

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, other than

fruit and seeds

Plants of Prunus cerasus L., Prunus avium L., Prunus incisa Thunb., Prunus

sargentii Rehd., Prunus serrula Franch., Prunus serrulata Lindl., Prunus speciosa

(Koidz.) Ingram, Prunus subhirtella Miq., Prunus yedoensis Matsum., and hybrids

and cultivars thereof, intended for planting, other than seeds

10. Naturally spreading psorosis Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Palmae, intended for planting, other than seeds, originating in non-

European countries

Plants of Rubus L., intended for planting

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Section II

HARMFUL ORGANISMS KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE ENTIRE

COMMUNITY

(a) Insects, mites and nematodes, at all stages of their development

Subject of contamination

Plants of Fragaria L., intended for planting, other than seeds

Plants of Vitis L., other than fruit and seeds

Flower bulbs and corms of Crocus L., miniature cultivars and their hybrids of the

genus Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus

colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii

hort., Hyacinthus L., Iris L., Trigridia Juss, Tulipa L., intended for planting, and

potato tubers (Solanum tuberosum L.), intended for planting

Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium

schoenoprasum L., intended for planting and plants of Allium porrum L., intended for

planting, bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus

Weston 'Golden Yellow', Galanthus L., Galtonia candicans (Baker) Decne,

Hyacinthus L., Ismene Herbert, Muscari Miller, Narcissus L., Ornithogalum L.,

Puschkinia Adams, Scilla L., Tulipa L., intended for planting, and seeds of Medicago

sativa L.

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Araceae, Marantaceae, Musaceae, Persea spp., Strelitziaceae, rooted or

with growing medium attached or associated

Cut flowers, leafy vegetables of Apium graveolens L. and plants of herbaceous

species, intended for planting, other than

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds

Cut flowers, leafy vegetables of Apium graveolens L. and plants of herbaceous

species, intended for planting, other than

— bulbs,

— corms,

— plants of the family Gramineae,

— rhizomes,

— seeds

Subject of contamination

Seeds of Medicago sativa L.

Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting

Plants of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,

Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L.

other than Sorbus intermedia (Ehrh.) Pers. and Stranvaesia Lindl., intended for

planting, other than seeds

Plants of Dianthus L., intended for planting, other than seeds

Plants of Dianthus L., intended for planting, other than seeds

Plants of Prunus persica (L.) Batsch and Prunus persica var. nectarina (Ait.) Maxim,

intended for planting, other than seeds

Seeds of Phaseolus L.

Plants of Prunus L., intended for planting, other than seeds

Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw. and Capsicum spp.,

intended for planting

Plants of Fragaria L., intended for planting, other than seeds

Plants of Vitis L., other than fruit and seeds

Subject of contamination

1. Ceratocystis fimbriata f. spp. Plants of Platanus L., intended for planting, other than seeds, and wood of Platanus

L., including wood which has not kept its natural round surface

Plants of Fragaria L., intended for planting, other than seeds

Plants of Castanea Mill. and Quercus L., intended for planting, other than seeds,

wood and isolated bark of Castanea Mill.

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

Plants of Dianthus L., intended for planting, other than seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

seeds

Plants of Fragaria L., intended for planting, other than seeds

Seeds of Helianthus annuus L.

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

Plants of Pinus L., intended for planting, other than seeds

Plants of Humulus lupulus L., intended for planting, other than seeds

Plants of Humulus lupulus L., intended for planting, other than seeds

(d) Viruses and virus-like organisms

Subject of contamination

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

Plants of Beta vulgaris L., intended for planting, other than seeds

Plants of Dendranthema (DC.) Des Moul., intended for planting, other than seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Vitis L., other than fruit and seeds

Plants of Prunus L., intended for planting, other than seeds

Plants of Solanaceae, intended for planting, other than seeds

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, other than

fruit and seeds

Plants of Fragaria L., intended for planting, other than seeds

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

Plants of Fragaria L., intended for planting, other than seeds

Plants of Fragaria L. and Rubus L., intended for planting, other than seeds

Plants of Apium graveolens L., Capsicum annuum L., Cucumis melo L.,

Dendranthema (DC.) Des Moul., all varieties of New Guinea hybrids Impatiens,

Lactuca sativa L., Lycopersicon lycopersicum (L.) Karsten ex Farw. Nicotiana

tabacum L., of which there shall be evidence that they are intended for sale to

professional tobacco production. Solanum melongena L. and Solanum tuberosum L.,

intended for planting, other than seeds

Plants of Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting,

other than seeds

PART B

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND WHOSE SPREAD WITHIN, CERTAIN

PROTECTED ZONES SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT

PRODUCTS

(a) Insect mites and nematodes, at all stages of their development

Protected zone(s)

EL, E ( Andalucia, Catalonia, Extremadura, Murcia, Valencia )

IRL, UK ( Northern Ireland, Isle of Man and Jersey )

EL, IRL, UK ( Scotland, Northern Ireland, Jersey, England: the following counties,

districts and unitary authorities

Barnsley, Bath and North East Somerset, Bedfordshire, Bournemouth, Bracknell Forest,

Bradford, Bristol, Brighton and Hove, Buckinghamshire, Calderdale, Cambridgeshire,

Cornwall, Cumbria, Darlington, Devon, Doncaster, Dorset, Durham, East Riding of

Yorkshire, East Sussex, Essex, Gateshead, Greater London, Hampshire, Hartlepool,

Hertfordshire, Kent, Kingston upon Hull, Kirklees, Leeds, Leicester City, Lincolnshire,

Luton, Medway Council, Middlesbrough, Milton Keynes, Newbury, Newcastle upon Tyne,

Norfolk, Northamptonshire, Northumberland, North Lincolnshire, North East Lincolnshire,

North Tyneside, North West Somerset, Nottingham City, Nottinghamshire, Oxfordshire,

Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rotherham,

Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-

on-Tees, Suffolk, Sunderland, Surrey, Swindon, Thurrock, Torbay, Wakefield, West

Sussex, Windsor and Maidenhead, Wokingham, York, the Isle of Man, the Isle of Wight,

the Isles of Scilly, and the following parts of counties, districts and unitary authorities;

Derby City: that part of the unitary authority which lies to the north of the northern

boundary of the A52(T) road together with that part of the unitary authority which lies to

the north of the northern boundary of the A6(T) road; Derbyshire: that part of the county

which lies to the north of the northern boundary of the A52(T) road, and that part of the

county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire

that part of the county which lies to the east of the eastern boundary of the Fosse Way

Roman road; Leicestershire: that part of the county which lies to the east of the eastern

boundary of the Fosse Way Roman road, together with that part of the county which lies to

the east of the eastern boundary of the B4114 road, and that part of the county which lies to

the east of the eastern boundary of the M1 motorway; North Yorkshire: the whole county,

except that part of the county which comprises the district of Craven; South

Gloucestershire: that part of the unitary authority which lies to the south of the southern

boundary of the M4 motorway; Staffordshire: that part of the county which lies to the east

of the eastern boundary of the A52(T) road and that part of the county which lies to the east

of the eastern boundary of the A523 road; Warwickshire: that part of the county which lies

to the east of the eastern boundary of the Fosse Way Roman road; Wiltshire: that part of the

county which lies to the south of the southern boundary of the M4 motorway, and that part

of the county which lies to the east of the eastern boundary of the Fosse Way Roman road )

EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)

EL, P ( Azores)

EL, F ( Corsica ), IRL, UK

EL, IRL, UK ( Northern Ireland, Isle of Man )

EL, IRL, UK

IRL, UK ( Northern Ireland, Isle of Man )

IRL, UK

E ( Granada and Malaga ), P ( Alentejo, Algarve and Madeira )

E ( Ibiza )

Protected zone(s)

EL, E, P

E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna

provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio;

Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto

Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto

except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta

Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà

Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta,

Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo

di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and

in the province of Padova the communes Castelbaldo, Barbona, Piacenza d'Adige,

Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona the communes of

Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano,

Terrazzo, Isola Rizza, Angiari), A (Burgenland, Carinthia, Lower Austria, Tirol

(administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and

Channel Islands)’

B

(c) Fungi

Species

Subject of

Protected zone(s)

contamination

1. Glomerella

Seeds and fruits

EL

gossypii Edgerton

(bolls) of

Gossypium spp.

2. Gremmeniella

Plants of Abies

IRL, UK (Northern Ireland)

abietina (Lag.)

Mill., Larix Mill.,

Morelet

Picea A. Dietr.,

Pinus L. and

Pseudotsuga Carr.,

intended for

planting, other than

seeds

3. Hypoxylon

Plants of Populus

IRL, UK (Northern Ireland)

mammatum (Wahl.)

L., intended for

J. Miller

planting, other than

seeds

(d) Virus and virus-like organisms

Species

Subject of

Protected zone(s)

contamination

Citrus tristeza virus

Fruits of Citrus L.,

EL, F (Corsica), I, P

(European isolates)

Fortunella Swingle,

Poncirus Raf., and

their hybrids, with

leaves and

peduncles

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

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

“the Act” means the Plant Quarantine Act<

“the Commission” means the Commission of the European

Community<

“the Community” means the European Community<

“consignment” means a quantity of goods covered by a single

document required either for customs formalities on entering Malta

or for other formalities for internal movement, and includes a single

phytosanitary certificate and a single alternative document or mark<

a consignment may comprise of one or more lots<

“export” means the export of goods to third countries<

“harmful organism” means any species, strain or biotype of

plant, animal or pathogenic agent injurious to plants or plant

products<

“import” means the importation into Malta of goods from

third countries<

“importer” means any importer from a third country<

“local market” means the territory in which the possibility is

foreseen of marketing plants or plant products by small producers,

and which coincides with the market within Malta<

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

identifiable by its homogeneity of composition and origin, and

forming part of a consignment<

“Member State” means a member State of the European

Community<

“movement” means the movement of plants, plant products

and other objects to which these regulations apply, from one place

to another within Malta or within the European Community<

“plant intended for planting” means any plant which is not

already planted, which is planted or which can be replanted<

“plant passport” means an official label and where appropriate,

an accompanying document containing the relevant information,

which gives evidence that the provisions of these regulations are

being complied within all respects<

“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<

“point of entry” means the place where plants, plant products

or other objects are brought for the first time into the customs

territory of the community> for Malta it corresponds to the Malta

International Airport in the case of air transport and the Malta

Freeport, Port of Marsaxlokk, Kalafrana in the case of maritime

transport<

“transit” means the movement of goods which are subject to

customs supervision from one point to another within the customs

territory of the Community as referred to in Council Regulation

(EEC) No. 2913#92 of 12 October 1992 establishing the

Community Customs Code and as amended from time to time<

“third country” means any country or territory other than one

within the European Community<

“wood” means any wood in its natural state, with or without

bark and includes chips, sawdust, waste or scrap and wood used as

dunnage, spacers, pallets or packing material used for the transport

of objects.

PROHIBITIONS AND RESTRICTIONS

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

PART A

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS THE INTRODUCTION OF

WHICH SHALL BE PROHIBITED IN MALTA

Country of origin

Non-European countries

Non-European countries

North American countries

Non-European countries

Third countries

North American countries

North American countries

Countries of the American continent

Non-European countries

USA, China, Japan, the Republic of Korea and Democratic People's Republic of

Korea

Third countries other than Switzerland

Third countries

(10)

Without prejudice to the special requirements applicable to the potato tubers listed in

Schedule IV, Part A Section I, third countries other than Algeria, Egypt, Israel, Libya,

Morocco, Syria, Switzerland, Tunisia and Turkey, and other than European third

countries which are either recognised as being free from Clavibacter michiganensis

ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., in accordance with the

procedure laid down in Article 18(2) in EU Directive 2000/29, or in which provisions

recognised as equivalent to the Community provisions on combating Clavibacter

michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. in

accordance with the procedure laid down in Article 18(2) in EU Directive 2000/29,

have been complied with

Third countries, other than European and Mediterranean countries

(12)

Turkey, Belarus, Estonia, Latvia, Lithuania, Moldavia, Russia, Ukraine and third

countries not belonging to continental Europe, other than the following: Cyprus,

Egypt, Israel, Libya, Morocco, Tunisia

Third countries

Third countries

Algeria, Morocco

Without prejudice to the prohibitions applicable to the plants listed in Schedule III A

(9), where appropriate, non-European countries, other than Mediterranean countries,

Australia, New Zealand, Canada, the continental states of the USA

Third countries, other than European and Mediterranean countries

PART B

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS THE INTRODUCTION OF

WHICH SHALL BE PROHIBITED IN CERTAIN PROTECTED ZONES

Protected zone(s)

E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of

Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche;

Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and

Trento; Umbria; Valle d'Aosta; Veneto: except in the province of Rovigo the communes Rovigo, Polesella,

Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà

Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine,

Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella,

Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova the communes

Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province

of Verona the communes of Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea,

Oppeano, Terrazzo, Isola Rizza, Angiari), and for A (Burgenland, Carinthia, Lower Austria, Tirol

(administrative district Lienz), Styria, Vienna), P, FIN, UK (Northern Ireland, Isle of Man and Channel

Islands)’

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) No person shall introduce into Malta or move within Prohibition on

importation and

Malta the harmful organisms or plants, plant products or other objects movement .

contaminated with the harmful organisms listed in Part A of Schedule

I to these regulations.

(b) No person shall introduce from a third country into Malta

or move within Malta the plants and plant products listed in Part A of

Schedule II to these regulations, where these are contaminated by

harmful organisms listed in relation thereto in the said Part.

(c) No person shall introduce into Malta the plants or plant

products listed in Part A of Schedule III to these regulations, where

these originate from the country referred relative thereto in the said

Part.

(d) No person shall introduce into Malta or move within

Malta the plants, plant products and other objects listed in Part A of

Schedule IV to these regulations, unless they satisfy the requirements

specified in relation thereto in the said Part>

Provided that this provision shall not apply to the movement of

small quantities of plants, plant products and other objects, other then

potatoes which

(i) do not show any sign of any plant infection or infestation

and there is no evident risk of harmful organism spreading, and

(ii) are intended for use by the owner or recipient for non-

industrial and non-commercial purposes or for consumption during

transport, and

(iii) constitute of

– fruit and raw vegetables which do not exceed an

aggregate weight of 2 kilograms<

– or one bouquet of cut flowers< or

– five original retail packets, that is packets of a size

normally used to sell seeds in question to consumers for non-

commercial use, of seeds< or

– bulbs, corms, tubers or rhizomes which do not

exceed an aggregate weight of 1 kilogram< or

–

three indoor plants.

PHYTOSANITARY CONTROLS

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

PART A

SPECIAL REQUIREMENTS WHICH MUST BE FULFILLED FOR THE INTRODUCTION

AND MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND

WITHIN MALTA

Section I

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING OUTSIDE THE

COMMUNITY

Special requirements

There shall be evidence by application of an indicator system, approved in accordance

with the procedure lais down in Article 18(2) of EU Directive 2000/29, applied to the

wood, that it has undergone an appropriate heat treatment to achieve a minimum wood

core temperature of 56°C for 30 minutes.

(a) Official statement that the product has undergone an appropriate fumigation

shipboard or in a container prior to shipment and

(b) that the product shall be shipped in sealed containers or in such a way as to prevent

any reinfestation.

The wood shall be stripped of its bark, and shall be free from grub holes, caused by the

genus Monochamus (non-European spp.), defined for this purpose as those which are

larger than 3 mm across, and shall have a moisture content expressed as a percentage of

dry matter, of less than 20%, achieved at the time of manufacture.

The wood shall be stripped of its bark, and shall be free from grub holes, caused by the

genus Monochamus (non-European spp.), defined for this purpose as those which are

larget than 3 mm across.

(a) The wood shall be stripped of its bark, and shall be free from grub holes, caused by

the genus Monochamus (non-European spp.), defined for this purpose as those which are

larger than 3 mm across

or

(b) there shall be evidence by a mark 'Kiln-dried', or 'KD' or another internationally

recognised mark, put on the wood or on its packaging in accordance with current

commercial usage, that it has undergone kiln-drying to below 20% moisture content,

expressed as a percentage of dry matter, at time of manufacture, achieved through an

appropriate time/temperature schedule.

There shall be evidence by a mark 'Kiln-dried', 'KD' or another internationally

recognised mark, put on the wood or on its packaging in accordance with current

commercial usage, that it has undergone kiln-drying to below 20% moisture content,

expressed as a percentage of dry matter, at time of manufacture, achieved through an

appropriate time/temperature schedule,

There shall be evidence by the appropriate accompanying documents, or some other

means that the wood is intended for the production of veneer sheets.

The wood shall be stripped of its bark, and

(a) either be squared so as to remove entirely the rounded surface

or

(b) official statement that the water content of the wood does not exceed 20% expressed

as a percentage of the dry matter

or

(c) official statement that the wood has been disinfected by an appropriate hot-air or

hotwater treatment, or in the case of sawn wood with or without residual bark attached,

there shall be evidence by a mark 'Kiln-dried', 'KD' or another internationally recognised

mark, put on the wood or on its packaging in accordance with current commercial usage,

that it has undergone kiln-drying to below 20% moisture content, expressed as a

percentage of dry matter, at time of manufacture, achieved through an appropriate

time/temperature schedule.

Without prejudice to the requirements applicable to the plant products listed in Schedule

IV(A)(I)(3),

(a) official statement that the wood originates in areas known to be free from

Cryphonectria parasitica (Murrill) Barr

or

(b) the wood shall be stripped of its bark,

There shall be evidence by a mark 'Kiln-dried', 'KD' or another internationally

recognised mark, put on the wood or on its packaging in accordance with current

commercial usage, that it has undergone kiln-drying to below 20% moisture content,

expressed as a percentage of dry matter, at time of manufacture, achieved through an

appropriate time/temperature schedule.

The wood shall be stripped of its bark.

The product shall have been produced exclusively from wood which was stripped of its

bark or which has undergone either kiln-drying to below 20% moisture content,

expressed as a percentage of dry matter, at time of manufacture, achieved through an

appropriate time/temperature schedule of fumigation shipboard or in a container prior to

shipment, and shall be shipped in sealed containers or in such a way as to prevent any

re-infestation.

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(1), where appropriate, official statement that the plants have been produced in

nurseries and that the place of production is free from Pissodes spp. (non-European).

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(1), and Schedule IV(A)(I)(8.1), where appropriate, official statement that the

plants have been produced in nurseries and that the place of production is free from

Scolytidae spp. (non-European).

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(1),

and Schedule IV(A)(I)(8.1), (8.2), official statement that no symptoms of Scirrhia

acicola (Dearn.) Siggers or Scirrhia pini Funk and Parker have been observed at the

place of production or its immediate vicinity since the beginning of the last complete

cycle of vegetation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(1),

and Schedule IV(A)(I)(8.1), (8.2) or (9), where appropriate, official statement that no

symptoms of Melampsora medusae Thümen have been observed at the place of

production or its immediate vicinity since the beginning of the last complete cycle of

vegetation.

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(2),.

official statement that no symptoms of Cronartium spp. (non-European) have been

observed at the place of production or its immediate vicinity since the beginning of the

last complete cycle of vegetation

official statement that the plants originate in areas known to be free from Ceratocystis

fagacearum (Bretz) Hunt

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(2)

and IV(A)(I)(11.1), official statement that

(a) the plants originate in areas known to be free from Cryphonectria parasitica

(Murrill) Barr;

or

(b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the

place of production or its immediate vicinity since the beginning of the last complete

cycle of vegetation.

Official statement that the plants have been grown in nurseries and

(a) originate in an area, established in the country of export by the national plant

protection service in that country, as being free from Anisogramma anomala (Peck) E.

Müller, in accordance with relevant International Standards for Phytosanitary Measures,

and which is mentioned on the certificates referred to in these regulations under the

rubric “Additional declaration”,

or

(b) originate in a place of production, established in the country of export by the national

plant protection service in that country, as being free from Anisogramma anomala

(Peck) E. Müller on official inspections carried out at the place of production or its

immediate vicinity since the beginning of the last three complete cycles of vegetation, in

accordance with relevant International Standards for Phytosanitary Measures, and which

is mentioned on the certificates referred to in these regulations under the rubric

“Additional declaration” and declared free from Anisogramma anomala (Peck) E.

Müller’

Official statement that no symptoms of Ceratocystis fimbriata f. sp. platani Walter have

been observed at the place of production or its immediate vicinity since the beginning of

the last complete cycle of vegetation.

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(3), official statement that no symptoms of Melampsora medusae Thümen have

been observed at the place of production or its immediate vicinity since the beginning of

the last complete cycle of vegetation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(3)

and IV(A)(I)(13.1), official statement that no symptoms of Mycosphaerella populorum

G. E. Thompson have been observed at the place of production or its immediate vicinity

since the beginning of the last complete cycle of vegetation.

Official statement that no symptoms of Elm phlöem necrosis mycoplasm have been

observed at the place of production or in its immediate vicinity since the beginning of

the last complete cycle of vegetation.

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(9), (18) and Schedule III(B)(1), where appropriate, official statement that

— the plants originate in a country known to be free from Monilinia fructicola (Winter)

Honey;

or

— the plants originate in an area recognised as being free from Monilinia fructicola

(Winter) Honey, in accordance with the procedure laid down in Article 18(2) of EU

Directive 2000/29 and no symptoms of Monilinia fructicola (Winter) Honey have been

observed at the place of production since the beginning of the last complete cycle of

vegetation.

Official statement

— the fruits originate in a country known to free from Monilinia fructicola (Winter)

Honey or

— the fruits originate in an area recognised as being free from Monilinia fructicola

(Winter) Honey, in accordance with the procedure laid down in Article 18(2) of EU

Directive 2000/29 or

— the fruits have been subjected to appropriate inspection and treatment procedures

prior to harvest and/or export to ensure freedom from Monilinia spp.

The fruits shall be free from peduncles and leaves and the packaging shall bear an

appropriate origin mark.

Without prejudice to the provisions applicable to the fruits in Schedule IV(A)(I)(16.1),

(16.3), (16.4) and (16.5), official statement that

(a) the fruits originate in a country recognised as being free from Xanthomonas

campestris (all strains pathogenic to Citrus), in accordance with the procedure laid down

in Article 18(2) of EU Directive 2000/29 or

(b) the fruits originate in an area recognised as being free from Xanthomonas campestris

(all strains pathogenic to Citrus) in accordance with the procedure laid down in Article

18(2) of EU Directive 2000/29 and mentioned on the certificates referred to in these

regulations,

or

(c) either,

— in accordance with an official control and examination regime, no symptoms of

Xanthomonas campestris (all strains pathogenic to Citrus) have been observed in the

field of production and in its immediate vicinity since the beginning of the last cycle of

vegetation and

none of the fruits harvested in the field of production has shown symptoms of

Xanthomonas campestris (all strains pathogenic to Citrus), and

the fruits have been subjected to treatment such as sodium orthophenylphenate,

mentioned on the certificates referred to in these regulations, and

the fruits have been packed at premises or dispatching centres registered for this

purpose, or

— any certification system, recognised as equivalent to the above provisions in

accordance with the procedure laid down in Article 18(2) of EU Directive 2000/29, has

been complied with.

Without prejudice to the provisions applicable to the fruits in Schedule IV(A)(I)(16.1),

(16.2), (16.4) and (16.5), official statement that

(a) the fruits originate in a country recognised as being free from Cercospora angolensis

Carv. et Mendes in accordance with the procedure laid down in Article 18(2) of EU

Directive 2000/29 or

(b) the fruits originate in an area recognised as being free from Cercospora angolensis

Carv. et Mendes, in accordance with the procedure laid down in Article 18(2) of EU

Directive 2000/29 and mentioned on the certificates referred to in these regulations or

(c) no symptoms of Cercospora angolensis Carv. et Mendes have been observed in the

field of production and in its immediate vicinity since the beginning of the last cycle of

vegetation, and none of the fruits harvested in the field of production has shown, in

appropriate official examination, symptoms of this organism.

Without prejudice to the provisions applicable to the fruits in Schedule IV(A)(I)(16.1),

(16.2), (16.3) and (16.5), official statement that

(a) the fruits originate in a country recognised as being free from Guignardia citricarpa

Kiely (all strains pathogenic to Citrus), in accordance with the procedure laid down in

Article 18(2) of EU Directive 2000/29 or

(b) the fruits originate in an area recognised as being free from Guignardia citricarpa

Kiely (all strains pathogenic to Citrus), in accordance with the procedure laid down in

Article 18(2) of EU Directive 2000/29 , and mentioned on the certificates referred to in

these regulations or

(c) no symptoms of Guignardia citricarpa Kiely (all strains pathogenic to Citrus), have

been observed in the field of production and in its immediate vicinity since the

beginning of the last cycle of vegetation, and none of the fruits harvested in the field of

production has shown, in appropriate official examination, symptoms of this organism,

or

(d) the fruits originate in a field of production subjected to appropriate treatments

against Guignardia citricarpa Kiely (all strains pathogenic to Citrus), and

none of the fruits harvested in the field of production has shown, in appropriate official

examination, symptoms of this organism.

Without prejudice to the provisions applicable to the fruits in Schedule III(B)(2), (3),

and Schedule IV(A)(I)(16.1), (16.2) and (16.3), official statement that

(a) the fruits originate in areas known to be free from the relevant organism; or, if this

requirement cannot be met

(b) no signs of the relevant organism have been observed at the place of production and

in its immediate vicinity since the beginning of the last complete cycle of vegetation, on

official inspections carried out at least monthly during the three months prior to

harvesting, and none of the fruits harvested at the place of production has shown, in

appropriate official examination, signs of the relevant organism, or if this requirement

can also not be met;

(c) the fruits have shown, in appropriate official examination on representative samples,

to be free from the relevant organism in all stages of their development; or, if this

requirement can also not be met;

(d) the fruits have been subjected to an appropriate treatment, any acceptable vapour

heat treatment, cold treatment, or quick freeze treatment, which has been shown to be

efficient against the relevant organism without damaging the fruit, and, where not

availaible, chemical treatment as far as it is acceptable by Community legislation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(9),

(18), Schedule III(B)(1) or Schedule IV(A)(I)(15), where appropriate, official statement

(a) that the plants originate in countries recognised as being free from Erwinia

amylovora (Burr.) Winsl. et al. in accordance with the procedure laid down in Article

18(2) of EU Directive 2000/29; or

(b) that the plants in the field of production and in its immediate vicinity, which have

shown symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out.

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(16), where appropriate, official statement that

(a) the plants originate in countries known to be free from Radopholus citrophilus

Huettel et al. and Radopholus similis (Cobb) Thorne;

or

(b) representative samples of soil and roots from the place of production have been

subjected, since the beginning of the last complete cycle of vegetation, to official

nematological testing for at least Radopholus citrophilus Huettel et al. and Radopholus

similis (Cobb) Thorne and have been found, in these tests, free from those harmful

organisms.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(9),

and Schedule IV(A)(I)(15) and (17), official statement that no symptoms of Phyllosticta

solitaria Ell. and Ev. have been observed on plants at the place of production since the

beginning of the last complete cycle of vegetation.

Without prejudice to the provisions applicable to the plants where appropriate listed in

Schedule III(A)(9) and (18), and Schedule IV(A)(I)(15) and (17), official statement that

no symptoms of diseases caused by the relevant harmful organisms have been observed

on the plants at the place of production since the beginning of the last complete cycle of

vegetation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(9)

and (18), and Schedule IV(A)(I)(15), (17) and (19.2) official statement that plants at the

place of production and in its immediate vicinity, which have shown symptoms giving

rise to the suspicion of contamination by Pear decline mycoplasm, have been rogued out

at that place within the last three complete cycles of vegetation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(18),

and Schedule IV(A)(I)(19.2), official statement that

(a) the plants, other than those raised from seed, have been

— either officially certified under a certification scheme requiring them to be derived in

direct line from material which has been maintained under appropriate conditions and

subjected to official testing for at least the relevant harmful organisms using appropriate

indicators or equivalent methods and has been found free, in these tests, from those

harmful organisms, or

— derived in direct line from material which is maintained under appropriate conditions

and has been subjected, within the last three complete cycles of vegetation, at least once,

to official testing for at least the relevant harmful organisms using appropriate indicators

or equivalent methods and has been found free, in these tests, from those harmful

organisms,

(b) no symptoms of diseases caused by the relevant harmful organisms have been

observed on plants at the place of production, or on susceptible plants in its immediate

vicinity, since the beginning of the last complete cycle of vegetation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(18),

and Schedule IV(A)(I)(19.2) and (21.1), official statement that

(a) either no symptoms of Aphelenchoides besseyi Christie have been observed on plants

at the place of production since the beginning of the last complete cycle of vegetation

or

(b) in the case of plants in tissue culture the plants have been derived from plants which

complied with section (a) of this item or have been officially tested by appropriate

nematological methods and have been found free from Aphelenchoides besseyi Christie.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(18),

and Schedule IV(A)(I)(19.2), (21.1) and (21.2), official statement that the plants

originate in an area known to be free from Anthonomus signatus Say and Anthonomus

bisignifer (Schenkling).

Without prejudice to the provisions applicable to the plants, listed in Schedule III(A)(9)

and (18), Schedule III(B)(1) and Schedule IV(A)(I)(15), (17) and (19.2), official

statement that

(a) the plants have been

— either officially certified under a certification scheme requiring them to be derived in

direct line from material which has been maintained under appropriate conditions and

subjected to official testing for at least the relevant harmful organisms using appropriate

indicators or equivalent methods and has been found free, in these test, from those

harmful organisms,

or

— derived in direct line from material which is maintained under appropriate conditions

and subjected, within the last three complete cycles of vegetation, at least once, to

official testing for at least the relevant harmful organisms using appropriate indicators or

equivalent methods and has been found free, in these tests, from those harmful

organisms;

(b) no symptoms of diseases caused by the relevant harmful organisms have been

observed on plants at the place of production, or on susceptible plants in its immediate

vicinity, since the beginning of the last complete cycle of vegetation.

Without prejudice to the provisions applicable to the plants, listed in Schedule III(A)(9)

and (18), Schedule III(B)(1) and Schedule IV(A)(I)(15), (17), (19.2) and (22.1), official

statement that

(a) the plants originate in areas known to be free from apple proliferation mycoplasm;

or

(b) (aa) the plants, other than those raised from seeds, have been

— either officially certified under a certification scheme requiring them to be derived in

direct line from material which has been maintained under appropriate conditions and

subjected to official testing for at least Apple proliferation mycoplasm using appropriate

indicators or equivalent methods and has been found free, in these tests, from that

harmful organism,

or

— derived in direct line from material which is maintained under appropriate conditions

and subjected, within the last six complete cycles of vegetation, at least once, to official

testing for at least Apple proliferation mycoplasm using appropriate indicators or

equivalent methods and has been found free, in these tests, from the harmful organism,

(bb) no symptoms of diseases caused by Apple proliferation mycoplasm have been

observed on plants at the place of production, or on susceptible plants in its immediative

vicinity, since the beginning of the last complete three cycles of vegetation.

Without prejudice to the provisions applicable to the plants, listed in Schedule III(A)(9)

and (18), and Schedule IV(A)(I)(15) and (19.2), official statement that

(a) the plants, other than those raised from seed, have been

— either officially certified under a certification scheme requiring them to be derived in

direct line from material which has been maintained under appropriate conditions and

subjected to official testing for, at least, Plum pox virus using appropriate indicators or

equivalent methods and has been found free, in these tests, from that harmful organism,

or

— derived in direct line from material which is maintained under appropriate conditions

and has been subjected, within the last three complete cycles of vegetation, at least once,

to official testing for at least Plum pox virus using appropriate indicators or equivalent

methods and has been found free, in these tests, from that harmful organism;

(b) no symptoms of disease caused by Plum pox virus have been observed on plants at

the place of production or on susceptible plants in its immediate vicinity, since the

beginning of the last three complete cycles of vegetation

(c) plants at the place of production which have shown symptoms of disease caused by

other viruses or virus-like pathogens, have been rogued out.

Without prejudice to the provisions applicable to the plants, where appropriate listed in

Schedule III(A)(9) and (18) or Schedule IV(A)(I)(15), (19.2) and (23.1), official

statement that

(a) the plants have been

— either officially certified under a certification scheme requiring them to be derived in

direct line from material which has been maintained under appropriate conditions and

subjected to official testing for at least the relevant harmful organisms using appropriate

indicators or equivalent methods and has been found free, in these tests, from those

harmful organisms,

or

— derived in direct line from material which is maintained under appropriate conditions

and has been subjected, within the last three complete cycles of vegetation, at least once,

to official testing for at least the relevant harmful organisms using appropriate indicators

or equivalent methods and has been found free, in these tests, from those harmful

organisms,

(b) no symptoms of diseases caused by the relevant harmful organisms have been

observed on plants at the place of production or on susceptible plants in its immediate

vicinity, since the beginning of the last three complete cycles of vegetation.

Without prejudice to the requirements applicable to the plants, listed in Schedule

IV(A)(I)(19.2),

(a) the plants shall be free from aphids, including their eggs

(b) official statement that

(aa) the plants have been

— either officially certified under a certification scheme requiring them to be

derived in direct line from material which has been maintained under appropriate

conditions and subjected to official testing for at least the relevant harmful organisms

using appropriate indicators or equivalent methods and has been found free, in these

tests, from those harmful organism,

or

— derived in direct line from material which is maintained under appropriate

conditions and has been subjected, within the last three complete cycles of vegetation, at

least once, to official testing for at least relevant harmful organisms using appropriate

indicators for equivalent methods and has been found free, in these tests, from those

harmful organism

(bb) no symptoms of diseases caused by the relevant harmful organisms have been

observed on plants at the place of production, or on susceptible plants in its immediate

vicinity, since the beginning of the last complete cycles of vegetation.

Without prejudice to the prohibitions applicable to the tubers listed in Schedule

III(A)(10), (11) and (12), official statement that

(a) the tubers originate in areas known to be free from Synchytrium endobioticum

(Schilbersky) Percival (all races other than Race 1, the common European race), and no

symptoms of Synchytrium endobioticum (Schilbersky) Percival have been observed

either at the place of production or in its immediate vicinity since the beginning of an

adequate period;

or

(b) provisions recognised as equivalent to the Community provisions on combating

Synchytrium endobioticum (Schilbersky) Percival in accordance with the procedure laid

down in Article 18(2) of EU Directive 2000/29 have been complied with, in the country

of origin

Without prejudice to the provisions listed in Schedule (A)(10), (11) and (12) and

Schedule IV(A)(I)(25.1), official statement that

(a) the tubers originate in countries known to be free from Clavibacter michiganensis

ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.;

or

(b) provisions recognised as equivalent to the Community provisions on combating

Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al.,

have been complied with, in the country of origin.

Without prejudice to the provisions applicable to the tubers listed in Schedule

III(A)(10), (11) and (12) and Schedule IV(A)(I)(25.1) and (25.2), suppression of the

faculty of germination

Without prejudice to the provisions applicable to the tubers listed in Schedule

III(A)(10), (11) and (12) and Schedule IV(A)(I)(25.1), (25.2) and (25.3), official

statement that the tubers originate from a field known to be free from Globodera

rostochiensis (Wollenweber) Behrens and Globodera pallida (Stone) Behrens and

(aa) either, the tubers originate in areas in which Pseudomanas solanacearum (Smith)

Smith is known not to occur;

or

(bb) in areas where Pseudomanas solanacearum (Smith) Smith is known to occur, the

tubers originate from a place of production found free from Pseudomanas solanacearum

(Smith) Smith, or considered to be free thereof, as a consequence of the implementation

of an appropriate procedure aiming at eradicating Pseudomanas solanacearum (Smith)

Smith which shall be determined pursuant to the procedure laid down in Article 18(2) of

EU Directive 2000/29, and

(cc) either the tubers originate in areas where Meloidogyne chitwoodi Golden et al. (all

populations) and Meloidogyne fallax Karssen are known not to occur; or

(dd) in areas where Meloidogyne chitwoodi Golden et al. (all populations) and

Meloidogyne fallax Karssen are known to occur,

— either the tubers originate from a place of production which has been found free from

Meloidogyne chitwoodi Golden et al. (all populations), and Meloidogyne fallax Karssen

based on an annual survey of host crops by visual inspection of host plants at

appropriate times and by visual inspection both externally and by cutting of tubers after

harvest from potato crops grown at the place of production, or

— the tubers after harvest have been randomly sampled and, either checked for the

presence of symptoms after an appropriate method to induce symptoms, or laboratory

tested, as well as inspected visually both externally and by cutting the tubers, at

appropiate times and in all cases at the time of closing of the packages or containers

before marketing according to the provisions on closing in Council Directive

66/403/EEC of 14 June 1996 on the marketing of seed potatoes and no symptoms of

Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen

have been found.

Without prejudice to the provisions applicable to tubers listed in Schedule III(A)(10),

(11), (12) and (13), and Schedule IV(A)(I)(25.1), (25.2), (25.3) and (25.4), official

statement that no symptoms of Potato stolbur mycoplasm have been observed on the

plants at the place of production since the beginning of the last complete cycle of

vegetation.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(11),

(13), and Schedule IV(A)(I)(25.5), where appropriate, official statement that no

symptoms of Potato spindle tuber viroid have been observed on plants at the place of

production since the beginning of the last complete cycle of vegetation

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(11)

and (13), and Schedule IV(A)(I)(25.5) and (25.6), where appropriate, official statement

that

(a) the plants originate in areas which have been found free from Pseudomonas

solanacearum (Smith) Smith;

or

(b) no symptoms of Pseudomonas solanacearum (Smith) Smith have been observed on

the plants at the place of production since the beginning of the last complete cycle of

vegetation.

Without prejudice to the provisions applicable to tubers listed in Schedule III(A)(12) and

Schedule IV(A)(I)(25.1), (25.2) and (25.3), official statement that the tubers originate in

areas in which Pseudomonas solanacearum (Smith) Smith is not known to occur.

Official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold

and Verticillum dahliae Klebahn have been observed on hops at the place of production

since the beginning of the last complete cycle of vegetation.

Official statement that

(a) no signs of Heliothis armigera Hubner, or Spodoptera littoralis (Boisd.) have been

observed at the place of production since the beginning of the last complete cycle of

vegetation or

(b) the plants have undergone appropriate treatment to protect them from the said

organisms.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(I)(27.1),

(a) no signs of Spodoptera eridiana Cramer, Spodoptera frugiperda Smith, or

Spodoptera litura (Fabricius) have been observed at the place of production since the

beginning of the last complete cycle of vegetation or

(b) the plants have undergone appropriate treatment to protect them from the said

organisms.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(I)(27.1) and (27.2), official statement that

(a) the plants are no more than third generation stock derived from material which has

been found to be free from Chrysanthemum stunt viroid during virological tests, or are

directly derived from material of which a representative sample of at least 10% has been

found to be free from Chrysanthemum stund viroid during an official inspection carried

out at the time of flowering;

(b) the plants or cuttings

— have come from premises which have been officially inspected at least monthly,

during the three months prior to dispatch and on which no symptoms of Puccinia

horiana Hennings have been known to have observed during that period, and in the

immediate vicinity of which no symptoms of Puccinia horiana Hennings have been

known to have occurred during the three months prior to export,

or

— have undergone appropriate treatment against Puccinia horiana Hennings;

(c) in the case of unrooted cuttings, no symptoms of Didymella ligulicola (Baker,

Dimock and Davis) v. Arx were observed either on the cuttings or on the plants from

which the cuttings were derived, or that, in case of rooted cuttings, no symptoms of

Didymella ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the

cuttings or on the rooting bed.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(I)(27.1) and (27.2), official statement that

— the plants have been derived in direct line from mother plants which have been found

free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas

caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.)

Van Beyma on officially approved tests, carried out at least once within the two

previous years,

— no symptoms of the above harmful organisms have been observed on the plants.

Official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been

observed on the plants since the beginning of the last complete cycle of vegetation.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(I)(27.1 and) (27.2),

official statement that the plants

(a) are directly derived from places of production known to be free from Tomato

ringspot virus;

or

(b) are of no more than fourth generation stock, derived from mother plants found to be

free from Tomato ringspot virus under an official approved system of virological testing.

official statement that the plants

(a) are directly derived from places of production known to be free from Tomato

ringspot virus in the soil or plants;

or

(b) are of no more than second generation stock, derived from mother plants found to be

free from Tomato ringspot virus under an officially approved system of virological

testing.

Without prejudice to the requirements applicable to the plants in Schedule IV, Part A,

Section I(27.1), (27.2), (28) and (29), where appropriate, official statement that the

plants have been grown in nurseries and

(a) originate in an area, established in the country of export by the national plant

protection service in that country, as being free from Liriomyza sativae (Blanchard) and

Amauromyza maculosa (Malloch) in accordance with relevant International Standards

for Phytosanitary Measures, and which is mentioned on the certificates referred to in

these regulations under the rubric “Additional declaration”,

or

(b) originate in a place of production, established in the country of export by the national

plant protection service in that country, as being free from Liriomyza sativae

(Blanchard) and Amauromyza maculosa (Malloch) in accordance with relevant

International Standards for Phytosanitary Measures, and which is mentioned on the

certificates referred to in these regulations, and declared free from Liriomyza sativae

(Blanchard) and Amauromyza maculosa (Malloch) on official inspections carried out at

least monthly during the three months prior to export,

or

(c) immediately prior to export, have been subjected to an appropriate treatment against

Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch) and have been

officially inspected and found free from Liriomyza sativae (Blanchard) and Amauromyza

maculosa (Malloch). Details of the treatment shall be mentioned on the certificates

referred to in these regulations.

Official statement that the cut flowers and the leafy vegetables

— originate in a country free from Liriomyza sativae (Blanchard) and Amauromyza

maculosa (Malloch),

or

— immediately prior to their export, have been officially inspected and found free from

Liriomyza sativae (Blanchard) and Amauromyza maculosa (Malloch).

Without prejudice to the requirements applicable to the plants in Schedule IV, Part A,

Section I(27.1), (27.2), (28), (29) and (32.1), official statement that

(a) the plants originate in an area known to be free from Liriomyza huidobrensis

(Blanchard) and Liriomyza trifolii (Burgess),

or

(b) either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii

(Burgess) have been observed at the place of production, on official inspections carried

out at least monthly during the three months prior to harvesting,

or

(c) immediately prior to export, the plants have been officially inspected and found free

from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been

subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and

Liriomyza trifolii (Burgess)

Official statement that the place of production is known to be free from Clavibacter

michiganensis ssp. sependoniscus (Spieckermann and Kotthoff) Davis et al., Globodera

pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and

Synchytrium endobioticum (Schilbersky) Percival.

Official statement that

(a) the growing medium, at the time of planting, was

— either free from soil, and organic matter,

or

— found free from insects and harmful nematodes and subjected to appropriate

examination or heat treatment or fumigation to ensure that it was free from other

harmful organisms,

or

— subjected to appropriate heat treatment or fumigation to ensure freedom from harmful

organisms, and

(b) since planting

— either appropriate measures have been taken to ensure that the growing medium has

been maintained free from harmful organisms,

or

— within two weeks prior to dispatch, the plants were shaken free from the medium

leaving the minimum amount necessary to sustain vitality during transport, and, if

replanted, the growing medium used for that purpose meets the requirements laid down

in (a).

Official statement that no symptoms of Beet curly top virus (non-European isolates)

have been observed at the place of production since the beginning of the last complete

cycle of vegetation.

Without prejudice to the requirements applicable the plants listed in Schedule

IV(A)(I)(35.1), official statement that

(a) Beet leaf curl virus has not been known to occur in the area of production;

and

(b) no symptoms of Beet leaf curl virus have been observed at the place or production or

in its immediate vicinity since the beginning of the last complete cycle of vegetation.

Without prejudice to the requirements applicable to the plants in Schedule IV, Part A,

Section I(27.1), (27.2), (28), (29), (31), (32.1) and (32.3), official statement that the

plants have been grown in nurseries and

(a) originate in an area, established in the country of export by the national plant

protection service in that country, as being free from Thrips palmi Karny in accordance

with relevant International Standards for Phytosanitary Measures, and which is

mentioned on the certificates referred to in these regaulations,

or

(b) originate in a place of production, established in the country of export by the national

plant protection service in that country, as being free from Thrips palmi Karny in

accordance with relevant International Standards for Phytosanitary Measures, and which

is mentioned on the certificates referred to in these regulations and declared free from

Thrips palmi Karny on official inspections carried out at least monthly during the three

months prior to export,

or

(c) immediately prior to export, have been subjected to an appropriate treatment against

Thrips palmi Karny and have been officially inspected and found free from Thrips palmi

Karny. Details of the treatment shall be mentiond on the certificates referred to in these

regulations

Official statement that the cut flowers and the fruits

— originate in a country free from Thrips palmi Karny,

or

— immediately prior to their export, have been officially inspected and found free from

Thrips palmi Karny.

Without prejudice to the prohibitions applicable to the plants listed in Schedule

III(A)(17), where appropriate, official statement that

(a) either the plants originate in an area known to be free from Palm lethal yellowing

mycoplasm and Cadang-Cadang viroid, and no symptoms have been observed at the

place of production or in its immediate vicinity since the beginning of the last complete

cycle of vegetation;

or

(b) no symptoms of Palm lethal yellowing mycoplasm and Cadang-Cadang viroid have

been observed on the plants since the beginning of the last complete cycle of vegetation,

and plants at the place of production which have shown symptoms giving rise to the

suspicion of contamination by the organisms have been rogued out at that place and the

plants have undergone appropriate treatment to rid them of Myndus crudus Van Duzee;

(c) in the case of plants in tissue culture, the plants were derived from plants which have

met the requirements laid down in (a) or (b)

Official statement that

(a) the plants originate in areas known to be free from Ciborinia camelliae Kohn;

or

(b) no symptoms of Ciborinia camelliae Kohn have been observed on plants in flower on

the place of production since the beginning of the last complete cycle of vegetation.

Official statement that no symptoms of Aculops fuchsiae Keifer have been observed at

the place of production and that immediately prior to export the plants have been

inspected and found free from Aculops fuchsiae Keifer.

Without prejudice to the provisions applicable to the plants listed in Schedule III(a)(1),

(2), (3), (9), (13), (15), (16), (17), (18), Schedule III(B)(1) and Schedule IV(A)(I)(8.1),

(8.2), (9), (10), (11.1), (11.2), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2),

(20), (22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (29),

(32.1), (32.2), (33), (34), (36.1), (36.2), (37), (38.1) and (38.2), where appropriate,

official statement that the plants

— are clean (i.e. free from plant debris) and free from flowers and fruits,

— have been grown in nurseries,

— have been inspected at appropriate times and prior to export and found free from

symptoms of harmful bacteria, viruses and virus-like organisms, and either found free

from signs or symptoms of harmful nematodes, insects, mites and fungi, or have been

subjected to appropriate treatment to eliminate such organisms.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(2),

(3), (9), (15), (16), (17) and (18), Schedule III(B)(1) and Schedule IV(A)(I), (11.1),

(11.2), (11.3), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1),

(22.2), (23.1), (23.2), (24), (33), (36.1), (38.1), (38.2), (39) and (45.1) where appropriate,

official statement that the plants are dormant and free from leaves

Without prejudice to the provisions applicable to the plants, where appropriate, listed in

Schedule III(A)(11), (13), and Schedule IV(A)(I)(25.5), (25.6), (32.1), (32.2), (32.3),

(33), (34), (35.1) and (35.2) official statement that the plants

— have been grown in nurseries,

— are free from plant debris, flowers and fruits,

— have been inspected at appropriate times and prior to export, and

— found free from symptoms of harmful bacteria, viruses and virus-like organisms, and

— either found free from signs or symptoms of harmful nematodes, insects, mites and

fungi, or have been subjected to appropriate treatment to eliminate such organisms.

Without prejudice to the requirements applicable to the plants, where appropriate, listed

in Schedule IV(A)(I)(33) and (34), official statement that the plants

— have been grown in nurseries,

and

— are free from plants debris, flowers and fruits,

and

— have been inspected and prior to export, and

— found free from symptoms of harmful bacteria, viruses and virus-like organisms,

and

— either found free from signs or symptoms of harmful nematodes, insects, mites

and fungi, or have been subjected to appropriate treatment to eliminate such organisms.

Without prejudice to the provisions applicable to the plants listed in Schedule III(A)(1),

(2), (3), (9), (13), (15), (16), (17), (18), Schedule III(B)(1), and Schedule IV(A)(I)(8.1),

(9), (10), (11.1), (11.2), (12), (13.1), (13.2), (14), (15), (17), (18), (19.1), (19.2), (20),

(22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1), (27.2), (28), (32.1), (32.2),

(33), (34), (36.1), (36.2), (37), (38.1), (38.2), (39), (40) and (42), where appropriate,

official statement that

(a) the plants, including those collected directly from natural habitats, shall have been

grown, held and trained for at least two consecutive years prior to dispatch in officially

registered nurseries, which are subject to an officially supervised control regime,

(b) the plants on the nurseries referred to in (a) shall

(aa) at least during the period referred to in (a)

— be potted, in pots which are placed on shelves at least 50 cm above ground,

— have been subjected to appropriate treatments to ensure freedom from non-European

rusts: the active ingredient, concentration and date of application of these treatments

shall be mentioned on the phytosanitary certificate provided for in these regulations

under the rubric 'disinfestation and/or disinfection treatment'.

— have been officially inspected at least six times a year at appropriate intervals for the

presence of harmful organisms of concern, which are those in the Schedulees to the

Regulation. These inspections, which shall also be carried out on plants in the immediate

vicinity of the nurseries referred to in (a), shall be carried out at least by visual

examination of each row in the field or nursery and by visual examination of all parts of

the plant above the growing medium, using a random sample of at least 300 plants from

a given genus where the number of plants of that genus is not more than 3 000 plants, or

10% of the plants if there are more than 3 000 plants from that genus,

— have been found free, in these inspections, from the relevant harmful organisms of

concern as specified in the previous indent. Infested plants shall be removed. The

remaining plants, where appropriate, shall be effectively treated, and in addition shall be

held for an appropriate period and inspected to ensure freedom from such harmful

organisms of concern,

— have been planted in either an unused artificial growing medium or in a natural

growing medium, which has been treated by fumigation or by appropriate heat treatment

and has been of any harmful organisms,

— have been kept under conditions which ensure that the growing medium has been

maintained free from harmful organisms and within two weeks prior to dispatch, have

been

— shaken and washed with clean water to remove the original growing medium and

kept bare rooted, or

— shaken and washed with clean water to remove the original growing medium and

replanted in growing medium which meets the conditions laid down in (aa) fifth indent,

or

— subjected to appropriate treatments to ensure that the growing medium is free from

harmful organisms, the active ingredient, concentration and date of application of these

treatments shall be mentioned on the phytosanitary certificate provided for in these

regulations under the rubric 'disinfestation and/or disinfection treatment'.

(bb) be packed in closed containers which have been officially sealed and bear the

registration number of the registered nursery; this number shall also be indicated under

the rubric additional declaration on the phytosanitary certificate provided for in these

regulations, enabling the consignments to be identified.

Without prejudice to the requirements applicable to plants, where appropriate, listed in

Schedule IV(A)(I)(32.1), (32.2), (32.3), (33) and (34) official statement that the plants

— have been grown in nurseries, and

— are free from plant debris, flowers and fruits, and

— have been inspected at appropriate times and prior to export, and

— found free from symptoms of harmful bacteria, viruses and virus-like organisms,

and

— either found free from signs or symptoms of harmful nematodes, insects, mites and

fungi, or have been subjected to appropriate treatment to eliminate such organisms.

Without prejudice to the requirements applicable to the plants in Schedule IV, Part A,

Section I(27.1), (27.2), (28), (29), (32.1), (32.3) and (36.1), official statement that the

plants

(a) originate in an area, established in the country of export by the national plant

protection service in that country, as being free from Bemisia tabaci Genn. (non-

European populations) in accordance with relevant International Standards for

Phytosanitary Measures, and which is mentioned on the certificates referred to in these

regulations under the rubric “Additional declaration”,

or

(b) originate in a place of production, established in the country of export by the national

plant protection service in that country, as being free from Bemisia tabaci Genn. (non-

European populations) in accordance with relevant International Standards for

Phytosanitary Measures, and which is mentioned on the certificates referred to in these

regulations under the rubric “Additional declaration”, and declared free from Bemisia

tabaci Genn. (non-European populations) on official inspections carried out at least once

each three weeks during the nine weeks prior to export,

or

(c) in cases where Bemisia tabaci Genn. (non-European populations) has been found at

the place of production, are held or produced in this place of production and have

undergone an appropriate treatment to ensure freedom from Bemisia tabaci Genn. (non-

European populations) and subsequenly this place of production shall have been found

free from Bemisia tabaci Genn. (non-European populations) as a consequence of the

implementation of appropriate procedures aiming at eradicating Bemisia tabaci Genn.

(non-European populations), in both official inspections carried out weekly during the

nine weeks prior to export and in monitoring procedures throughout the said period.

Details of the treatment shall be mentioned on the certificates referred to in these

regulations

Official statement that the cut flowers and leafy vegetables

— originate in a country free from Bemisia tabaci Genn. (non-European populations),

or

— immediately prior to their export, have been officially inspected and

found free from Bemisia tabaci Genn. (non-European populations)

Without prejudice to the requirements applicable to plants listed in Schedule III(A)(13)

and Schedule IV(A)(I)(25.5), (25.6) and 25.7 where appropriate

Official statement that no symptoms of Tomato yellow leaf curl virus have been

observed on the plants

Official statement that

(a) no symptoms of Tomato yellow leaf curl virus have been observed on the plants, and

(aa) the plants originate in areas known to be free from Bemisia tabaci Genn., or

(bb) the place of production has been found free from Bemisia tabaci Genn. on official

inspections carried out at least monthly during the three months prior to export;

or

(b) no symptoms of Tomato yellow leaf curl virus have been observed on the place of

production and the place of production has been subjected to an appropriate treatment

and monitoring regime to ensure freedom from Bemisia tabaci Genn.

Without prejudice to the requirements applicable to the plants listed in Schedule

III(A)(13) and Schedule IV(A)(I)(25.5) (25.6), (32.1), (32.2), (32.3), (35.1), (35.2), (44),

(45), (45.1), (45.2) and (45.3) where appropriate

Official statement that no symptoms of the relevant harmful organisms have been

observed on the plants during their complete cycle of vegetation

Official statement that no symptoms of the relevant harmful organisms have been

orbserved on the plants during an adequate period,

and

(a) the plants originate in areas known to be free from Bemisia tabaci Genn. and other

vectors of the relevant harmful organisms;

or

(b) the place of production has been found free from Bemisia tabaci Genn. and other

vectors of the relevant harmful organisms on official inspections carried out at

appropriate times;

or

(c) the plants have been subjected to an appropriate treatment aimed at eradicating

Bemisia tabaci Genn.

Official statement that

(a) the seeds originate in areas known to be free from Plasmopara halstedii (Farlow)

Berl. and de Toni;

or

(b) the seeds, other than those seeds that have been producted on varieties resistant to all

races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of

production, have been subjected to an appropriate treatment against Plasmopara

halstedii (Farlow) Berl. and de Toni.

Official statement that the seeds have been obtained by means of an appropriate acid

extraction method or an equivalent method approved in accordance with the procedure

laid down in Article 18(2) of EU Directive 2000/29,

and

(a) either the seeds originate in areas where Clavibacter michiganensis ssp.

michiganensis (Smith) Davis et al., Xanthomonas campestris pv. vesicatoria (Doidge)

Dye and Potato spindle tuber viroid are not known to occur; or

(b) no symptoms of diseases caused by those harmful organisms have been observed on

the plants at the place of production during their complete cycle of vegetation; or

(c) the seeds have been subjected to official testing for at least those harmful organisms,

on a representative sample and using appropriate methods, and have been found, in these

tests, free from those harmful organisms.

Official statement that

(a) no symptoms Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of

production since the beginning of the last complete cycle of vegetation and no

Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a

representative sample;

or

(b) fumigation has taken place prior to export.

Without prejudice to the requirements applicable to plants listed in Schedule

IV(A)(I)(49.1), official statement that

(a) Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur

on the farm or in the immediate vicinity since the beginning of the past 10 years;

(b) either

— the crop belongs to a variety recognised as being highly

resistant to Clavibacter michiganensis ssp. insidiosus Davis et al.,

or

— it had not yet started its fourth complete cycle of vegetation from sowing when the

seed was harvested and there was not more than one preceding seed harvest from the

crop,

or

— the content of inert matter which has been determined in accordance with the rules

applicable for the certification of seed marketed in the Community, does not exceed

0,1% by weight;

(c) no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been

observed at the place of production, or on any Medicago sativa L. crop adjacent to it,

during the last complete cycle of vegetation or, where appropriate, the last two cycles of

vegetation;

(d) the crop has been grown on land on which no previous Medicago sativa L. crop has

been present during the last three years prior to sowing.

Official statement that

(a) the seeds have been officially tested by appropriate nematological tests and have

been found free from Aphelenchoides besseyi Christie;

or

(b) the seeds have been subjected to an appropriate hot water treatment or other

appropriate treatment against Aphelenchoides besseyi Christie.

Official statement that

(a) the seeds originate in areas known to be free from Xanthomonas campestris pv.

phaseoli (Smith) Dye;

or

(b) a representative sample of the seeds has been tested and found free from

Xanthomonas campestris pv. phaseoli (Smith) Dye in these tests.

Official statement that

(a) the seeds originate in areas known to be free from Erwinia stewartii (Smith) Dye;

or

(b) a representative sample of the seeds has been tested and found free from Erwinia

stewartii (Smith) Dye in this test.

Official statement that the seeds originate in an area where Tilletia indica Mitra is

known not to occur. The name of the area shall be mentioned on the phytosanitary

certificate provided for in Article 7.

Official statement that either,

(i) the grain originates in an area where Tilletia indica Mitra is known not to occur. The

name of the area or areas shall be mentioned on the phytosanitary certificate provided

for in these regulations, or

(ii) no symptoms of Tilletia indica Mitra have been observed on the plants at the place

of production during their last complete cycle of vegetation and representative samples

of the grain have been taken both at the time of harvest and before shipment and have

been tested and found free from Tilletia indica Mitra in these tests; the latter shall be

mentioned on the phytosanitary certificate provided for in Article 7, in the rubric 'name

of produce' as 'tested and found free from Tilletia indica Mitra'.

PART A

SPECIAL REQUIREMENTS WHICH MUST FOLLOWED FOR THE INTRODUCTION AND

MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND WITHIN

MALTA

Section II

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THE COMMUNTIY

Special requirements

(a) Official statement that the wood originates in areas known to be free from

Cryphonectria parasitica (Murrill) Barr;

or

(b) the wood shall be stripped of its bark.

(a) Official statement that the wood originates in areas known to be free from Ceratocystis

fimbriata f.sp. platani Walter;

or

(b) there shall be evidence by a mark 'Kiln-dried', 'KD' or another internationally

recognised mark, put on the wood or on its packaging in accordance with current

commercial usage, that is has undergone kiln-drying to below 20% moisture content,

expressed as a percentage of dry matter, at time of manufacture, achieved through an

appropriate time/temperature schedule.

Official statement

(a) that the bark originates in areas known to be free from Cryphonectria parasitica

(Murrill) Barr;

or

(b) that the consignment has been subjected to fumigation or other appropriate treatment

against Cryphonectria parasitica (Murrill) Barr.

Official statement that no symptoms of Scrirrhia pini Funk and Parker have been observed

at the place of production or in its immediate vicinity since the beginning of the last

complete cycle of vegetation.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(4), where appropriate, official statement that no symptoms of Melampsora

medusae Thümen have been observed at the place of production or in its immediate

vicinity since the beginning of the last complete cycle of vegetation.

Official statement that no symptoms of Melampsora medusae Thümen have been observed

at the place of production or in its immediate vicinity since the beginning of the last

complete cycle of vegetation.

Official statement that

(a) the plants originate in areas known to be free from Cryphonectria parasitica (Murrill)

Barr

or

(b) no symptoms of Cryphonectria parasitica (Murrill) Barr have been observed at the

place of production or in its immediate vicinity since the beginning of the last complete

cycle of vegetation.

Official statement that

(a) the plants originate in an area known to be free from Ceratocystis fimbriata f.sp. platani

Walter

or

(b) no symptoms of Ceratocystis fimbriata f.sp. platani Walter have been observed at the

place of production or in its immediate vicinity since the beginning of the last complete

cycle of vegetation.

Official statement

(a) the plants originate in zones recognised as being free from Erwinia amylovora (Burr.)

Winsl. et al. in accordance with the procedure laid down in Article 18(2) of EU Directive

2000/29;

or

(b) that the plants in the field of production and its immediate vicinity, which have shown

symptoms of Erwinia amylovora (Burr.) Winsl. et al., have been rogued out.

Official statement that

(a) the plants originate in areas known to be free from Spiroplasma citri Saglio et al.,

Phoma tracheiphila (Petri), Kanchaveli and Gikashvili, Citrus vein enation woody gall and

Citrus tristeza virus (European strains);

or

(b) the plants derive from a certification scheme requiring them to be derived in direct line

from material which has been maintained under appropriate conditions and has been

subjected to official individual testing for, at least, Citrus tristeza virus (European strains)

and Citrus vein enation woody gall, using appropriate indicators or equivalent methods,

approved in accordance with the procedure laid down in Article 18(2) of EU Directive

2000/29, and have been growing permanently in an insectproof glasshouse or in an isolated

cage on which no symptoms of Spiroplasma citri Saglio et al., Phoma tracheiphila

(Pandri) Kanchaveli and Gikashvili, Citrus tristeza virus (European strains) and Citrus vein

enation woody gall have been observed;

or

(c) the plants

— have been derived from a certification scheme requiring them to be derived in direct line

from material which has been maintained under appropriate conditions and has been

subjected to official individual testing for, at least Citrus vein enation woody gall and

Citrus tristeza virus (European strains), using appropriate indicators or equivalent methods,

approved in accordance with the procedure laid down in Article 18(2) of EU Directive

2000/29 and has been found in these tests, free from Citrus tristeza virus (European

strains), and certified free from at least Citrus tristeza virus (European strains) in official

individuals tests carried out according to the methods mentioned in this indent,

and

— have been inspected and no symptoms of Spiroplasma citri Saglio et al., Phoma

tracheiphila (Pandri) Kanchaveli et Gikashvili, and of Citrus vein enation woody gall and

Citrus tristeza virus have been observed since the beginning of the last complete cycle of

vegetation.

Official statement that

(a) no contamination by Radopholus similis (Cobb) Thorne has been observed at the place

of production since the beginning of the last complete cycle of vegetation;

or

(b) soil and roots from suspected plants have been subjected since the beginning of the last

complete cycle of vegetation to official nematological testing for at least Radopholus

similis (Cobb) Thorne and have been found, in these tests, free from that harmful organism.

Official statement that

(a) the plants originate in areas known to be free from the relevant harmful organisms;

or

(b) no symptoms of diseases caused by the relevant harmful organisms have been observed

on plants at the place of production since the beginning of the last complete cycle of

vegetation.

The relevant harmful organisms are

— on Fragaria L.

— Phytophthora fragariae Hickman var. fragariae

— Arabis mosaic virus

— Raspberry ringspot virus

— Strawberry crinkle virus

— Strawberry latent ringspot virus

— Strawberry mild yellow edge virus

— Tomato black ring virus

— Xanthomonas fragariae Kennedy and King

— on Prunus L.

— Apricot chlorotic leafroll mycoplasm

— Xanthomonas campestris pv. pruni (Smith) Dye

— on Prunus persica (L.) Batsch

Pseudomonas syringae pv. persicae (Prunier et al.)

Young et al.,

— on Rubus L.

— Arabis mosaic virus

— Raspberry ringspot virus

— Strawberry latent ringspot virus

— Tomato black ring virus.

Without prejudice to the requirements applicable to plants listed in Schedule IV(A)(II)(9),

official statement that

(a) the plants originate in areas known to be free from Pear decline mycoplasm;

or

(b) the plants at the place of production and in its immediate vicinity, which have shown

symptoms giving rise to the suspicion of contamination by Pear decline mycoplasm, have

been rogued out at that place within the last three complete cycles of vegetation.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(12) official statement that

(a) the plants originate in areas known to be free from Aphelenchoides besseyi Christie;

or

(b) no symptoms of Aphelenchoides besseyi Christie have been observed on the plants at

the place of production since the beginning of the last complete cycle of vegetation

or

(c) in the case of plants in tissue culture, the plants have been derived from plants

complying with section (b) of this item or have been officially tested by appropriate

nematological methods and have been found free from Aphelenchoides besseyi Christie.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(9), official statement that

(a) the plants originate in areas known to be free from Apple proliferation mycoplasm;

or

(b) (aa) the plants, other than those raised from seed, have been

— either officially certified under a certification scheme

requiring them to be

derived in direct line from material

which has been maintained under appropriate

conditions and subjected to official testing for at least Apple

proliferation

mycoplasm using appropriate indicators or equivalent methods and has been found, in

these tests,

free from that harmful organism,

or

— derived in direct line from material which is maintained

under

appropriate conditions and has been subjected, within the last six complete cycles of

vegetation, at least once, to

official testing for, at least, Apple proliferation

mycoplasm

using appropriate indicators or equivalent methods and has

been found, in these tests, free from that harmful organism;

(bb) no symptoms of diseases caused by Apple proliferation mycoplasm have been

observed on the plants at the place of production, or on the susceptible plants in its

immediate vicinity, since the beginning of the last three complete cycles of vegetation.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(12), official statement that

(a) the plants originate in areas known to be free from Plum pox virus;

or

(b) (aa) the plants, other than those raised from seed, have been

— either officially certified under a certification scheme

requiring them to be

derived in direct line from material

which has been maintained under appropriate

conditions and

subjected to official testing for, at least, plum pox virus using

appropriate indicators or equivalent methods and has been found, in these tests,

free from that harmful organism,

or

— derived in direct line from material which is maintained under appropriate

conditions and has been subjected within

the last three complete cycles of vegetation, at

least once, to

official testing for at least Plum pox virus using appropriate

indicators for equivalent methods and has been found, in these

tests, free

from that harmful organism;

(bb) no symptoms of disease caused by Plum pox virus have been observed on plants at the

place of production or on the susceptible plants in its immediate vicinity, since the

beginning of the last three complete cycles of vegetation;

(cc) plants at the place of production which have shown symptoms of disease caused by

other viruses or virus-like pathogens, have been rogued out.

Official statement that no symptoms of Grapevine Flavescence dorée MLO and Xylophilus

ampelinus (Panagopoulos) Willems et al. have been observed on the mother-stock plants at

the place of production since the beginning of the last two complete cycles of vegetation.

Official statement that

(a) the Community provisions to combat Synchytrium endobioticum (Schilbersky) Percival

have been complied with;

and

(b) either the tubers originate in an area known to be free from Clavibacter michiganensis

ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. or the Community provisions to

combat Clavibacter michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et

al. have been complied with;

and

(c) the tubers originate from a field known to be free from Globodera rostochiensis

(Wollenweber) Behrens and Globodera pallida (Stone) Behrens;

and

(d) (aa) either, the tubers originate in areas in which Pseudomonas solanacearum (Smith)

Smith is known not to occur; or

(bb) in areas where Pseudomonas solanacearum (Smith) Smith is known to occur, the

tubers originate from a place of production found free from Pseudomonas solanacearum

(Smith) Smith, or considered to be free thereof, as a consequence of the implementation of

an appropriate procedure aiming at eradicating Pseudomonas solanacearum (Smith) Smith;

and

(e) either, the tubers originate in areas in which Meloidogyne chitwoodi Golden et al. (all

populations) and Meloidogyne fallax Karssen are known not to occur, or in areas where

Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen are

known to occur

— either, the tubers originate from a place of production which has been found free from

Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen

based on an annual survey of host crops by visual inspection of host plants at appropriate

times and by visual inspection both externally and by cutting of tubers after harvest from

potato crops grown at the place of production, or

— the tubers after harvest have been randomly sampled and, either checked for the

presence of symptoms after an appropriate method to induce symptoms or laboratory

tested, as well as inspected visually both externally and by cutting the tubers, at appropriate

times and in all cases at the time of closing of the packgages or containers before marketing

according to the provisions on closing in Council Directive 66/403/EEC, and no symptoms

of Meloidogyne chitwoodi Golden et al. (all populations) and Meloidogyne fallax Karssen

have been found.

Without prejudice to the special requirements applicable to the tubers listed in Schedule

IV(A)(II)(18.1), official statement that the tubers

— belong to advanced selections such a statement being indicated in an appropriate way on

the document accompanying the relevant tubers,

— have been produced within the Community,

and

— have been derived in direct line from material which has been maintained under

appropriate conditions and has been subjected within the Community to official quarantine

testing in accordance with appropriate methods and has been found, in these tests, free

from harmful organisms.

(a) The plants shall have been held under quarantine conditions and shall have been found

free of any harmful organisms in quarantine testing;

(b) the quarantine testing referred to in (a) shall

(aa) be supervised by the Plant Health Department and executed by scientifically trained

staff of that organisation or of any officially approved body;

(bb) be executed at a site provided with appropriate facilities sufficient to contain harmful

organisms and maintain the material including indicator plants in such a way as to

eliminate any risk of spreading harmful organisms;

(cc) be executed on each unit of the material,

— by visual examination at regular intervals during the full length of at least one

vegetative cycle, having regard to the

type of material and its stage of development

during the testing programme, for symptoms caused by any harmful

organisms,

— by testing, in accordance with appropriate methods to be submitted to the

Committee referred to in Article 18(2) of EU Directive 2000/29

— in the case of all potato material at least for

— Andean potato latent virus,

— Arracacha virus B. oca strain,

— Potato black ringspot virus,

— Potato spindle tuber viroid,

— Potato virus T,

— Andean potato mottle virus,

(including Y o , Y n and

— common potato viruses A, M, S, V, X and Y

c

Y ) and Potato leaf roll virus,

— Clavibacter michiganensis ssp. sepedonicus

(Spieckermann and

Kotthoff) Davis et al.,

— Pseudomonas solanaceanum (Smith) Smith;

— in the case of true seed potato of least for the viruses and

viroid listed

above;

(dd) by appropriate testing on any other symptom observed in the visual examination in

order to identify the harmful organisms having caused such symptoms;

(c) any material, which has not been found free, under the testing specified under (b) from

harmful organisms as specified under (b) shall be immediately destroyed or subjected to

procedures which eliminate the harmful organism(s);

(d) each organisation or research body holding this material shall inform their official

Member State plant protection service of the material held.

Each organisation or research body holding such material shall inform the Plant Health

Department of the material held.

There shall be evidence by a registration number put on the packaging, or in the case of

loose-loaded potatoes transported in bulk, on the vehicle transporting the potatoes, that the

potatoes have been grown by an officially registered producer, or originate from officially

registered collective storage or dispatching centres located in the area of production,

indicating that the tubers are free from Pseudomonas solanacearum (Smith) Smith and that

(a) the Community provisions to combat Synchytrium endobioticum (Schilbersky) Percival;

and

(b) where appropriate, the Community provisions to combat Clavibacter michiganensis

ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al. are complied with.

Without prejudice to the requirements applicable to the plants, listed in Schedule

IV(A)(II)(18.1), (18.2) and (18.3), where appropriate, official statement that

(a) the plants originate in areas known to be free from Potato stolbur mycoplasm;

or

(b) no symptoms of Potato stolbur mycoplasm have been observed on the plants at the

place of production since the beginning of the last complete cycle of vegetation.

Without prejudice to the requirements applicable to the plants listed in Schedule

V(A)(II)(18.6) where appropriate, official statement that

(a) the plants originate in areas which have been found free from Pseudomonas

solanacearum (Smith) Smith; or

(b) no symptoms of Pseudomonas solanacearum (Smith) Smith have been observed on the

plants at place of production since the beginning of the last complete cycle of vegetation.

Official statement that no symptoms of Verticillium albo-atrum Reinke and Berthold and of

Verticillium dahliae Klebahn have been observed on hops at the place of production since

the beginning of the last complete cycle of vegetation.

Official statement that

(a) no signs of Heliothis armgera Hübner or Spodoptera littoralis (Boisd.) have been

observed at the place of production since the beginning of the last complete cycle of

vegetation;

or

(b) the plants have undergone appropriate treatment to protect them from the said

organisms.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(20), official statement that

(a) the plants are no more than third generation stock derived from material which has been

found to be free from Chrysanthemum stunt viroid during virological tests, or are directly

derived from material of which a representative sample of at least 10% has been found to

be free from Chrysanthemum stunt viroid during an official inspection carried out at the

time of flowering;

(b) the plants or cuttings have come from premises

— which have been officially inspected at least monthly, during the three months prior to

dispatch and on which no symptoms of Puccinia horiana Hennings have been observed

during that period, and in the immediate vicinity of which no symptoms of Puccinia

horiana Hennings have been known to have occurred during the three months prior to

marketing,

or

— the consignment has undergone appropriate treatment against Puccinia horiana

Hennings;

(c) in the case of unrooted cuttings no symptoms of Didymella ligulicola (Baker, Dimock

and Davis) v. Arx were observed either on the cuttings or on the plants from which the

cuttings were derived, or that, in the case of rooted cuttings, no symptoms of Didymella

ligulicola (Baker, Dimock and Davis) v. Arx were observed either on the cuttings or on the

rooting bed.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(20), official statement that

— the plants have been derived in direct line from mother plants which have been found

free from Erwinia chrysanthemi pv. dianthicola (Hellmers) Dickey, Pseudomonas

caryophylli (Burkholder) Starr and Burkholder and Phialophora cinerescens (Wollenw.)

van Beyma on officially approved tests carried out at least once within the two previous

years,

— no symptoms of the above harmful organisms have been observed on the plants.

Official statement that no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been

observed on the plants since the beginning of the last complete cycle of vegetation.

Without prejudice to the requirements applicable to the plants in Schedule IV, Part A,

Section II(20), (21.1) or (21.2), official statement that

(a) the plants originate in an area known to be free from Liriomyza huidobrensis

(Blanchard) and Liriomyza trifolii (Burgess),

or

(b) either no signs of Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess)

have been observed at the place of production, on official inspections carried out at least

monthly during the three months prior to harvesting,

or

(c) immediately prior to marketing, the plants have been officially inspected and found free

from Liriomyza huidobrensis (Blanchard) and Liriomyza trifolii (Burgess) and have been

subjected to an appropriate treatment against Liriomyza huidobrensis (Blanchard) and

Liriomyza trifolii (Burgess)

There shall be evidence that the place of production is known to be free from Clavibacter

michiganensis ssp. sepedonicus (Spieckermann and Kotthoff) Davis et al., Globodera

pallida (Stone) Behrens, Globodera rostochiensis (Wollenweber) Behrens and Synchytrium

endobioticum (Schilbersky) Percival.

Official statement that

(a) the plants originate in areas known to be free from Beet leaf curl virus;

or

(b) Beet leaf curl virus has not been known to occur in the area of production and no

symptoms of Beet leaf curl virus have been observed at the place of production or in its

immediate vicinity since the beginning of the last complete cycle of vegetation.

Official statement that

(a) the seeds originate in areas known to be free from Plasmopara halstedii (Farlow) Berl.

and de Toni;

or

(b) the seeds, other than those seeds that have been produced on varieties resistant to all

races of Plasmopara halstedii (Farlow) Berl. and de Toni present in the area of production,

have been subjected to an appropriate treatment against Plasmopara halstedii (Farlow)

Berl. and de Toni.

Without prejudice to the requirements applicable to the plants, where appropriate, listed in

Schedule IV(a)(II)(18.6) and (23) official statement that

(a) the plants originate in areas known to be free from Tomato yellow leaf curl virus;

or

(b) no symptoms of Tomato yellow leaf curl virus have been observed on the plants;

and

(aa) the plants originate in areas known to be free from Bemisia tabaci Genn;

or

(bb) the place of production has been found free from Bemisia tabaci Genn. on official

inspections carried out at least

monthly during the three months prior to export;

or

(c) no symptoms of Tomato yellow leaf curl virus have been observed on the place of

production and the place of production has been subjected to an appropriate treatment and

monitoring regime to ensure freedom from Bemisia tabaci Genn.

Official statement that the seeds have been obtained by means of an appropriate acid

extraction method or an equivalent method approved in accordance with the procedure laid

down in Article 18(2) of EU Directive 2000/29;

and

(a) either the seeds originate in areas where Clavibacter michiganensis ssp. michiganensis

(Smith) Davis et al. or Xanthomonas campestris pv. vesicatoria (Doidge) Dye are not

known to occur;

or

(b) no symptoms of diseases caused by those harmful organisms have been observed on the

plants at the place of production during their last complete cycle of vegetation;

or

(c) the seeds have been subjected to official testing for at least those harmful organisms, on

a representative sample and using appropriate methods, and have been found, in these tests,

to be free from those harmful organisms.

Official statement that

(a) no symptoms of Ditylenchus dipsaci (Kühn) Filipjev have been observed at the place of

production since the beginning of the last complete cycle of vegetation and that no

Ditylenchus dipsaci (Kühn) Filipjev has been revealed by laboratory tests on a

representative sample;

or

(b) that fumigation has taken place prior to marketing.

Without prejudice to the requirements applicable to the plants listed in Schedule

IV(A)(II)(28.1), official statement that

(a) the seeds originate in areas known to be free from Clavibacter michiganensis spp.

insidiosus Davis et al.;

or

(b) — Clavibacter michiganensis ssp. insidiosus Davis et al. has not been known to occur

on the farm or in the immediate vicinity since the beginning of the past 10 years,

and

— the crop belongs to a variety recognised as being

highly resistant to

Clavibacter michiganensis ssp. insidiosus Davis et al.,

or

— it had not yet started its fourth complete cycle of

vegetation from sowing

when the seed was harvested, and

there was not more than one preceding seed

harvest from the

crop,

or

— the content of inert matter which has been determined in accordance with the

rules applicable for certification of seed

was marketed in the Community, does not

exceed 0,1% by

weight,

— no symptoms of Clavibacter michiganensis ssp. insidiosus Davis et al. have been

observed at the place of production or on any Medicago sativa L. crop adjacent to it, during

the last complete cycle of vegetation or, where appropriate, the last two cycles of

vegetation,

— the crops has been grown on land on which no previous Medicago sativa L. crop has

been present during the last three years prior to sowing.

Official statement that

(a) the seeds originate in areas known to be free from Xanthomonas campestris pv.

phaseoli (Smith) Dye;

or

(b) a representative sample of the seeds has been tested and found free from Xanthomonas

campestris pv. phaseoli (Smith) Dye in these tests.

The packaging shall bear an appropriate origin mark.

PART B

SPECIAL REQUIREMENTS WHICH SHALL FOLLOWED FOR THE INTRODUCTION AND

MOVEMENT OF PLANTS, PLANT PRODUCTS AND OTHER OBJECTS INTO AND WITHIN

CERTAIN PROTECTED ZONES

Special requirements

Protected zone(s)

Without prejudice to the requirements

EL, IRL, UK (Scotland, Northern Ireland, Jersey,

applicable to the wood listed in

England: the following counties, districts and unitary

Schedule IV(A)(I)(1.1), (1.2), (1.3),

authorities: Barnsley, Bath and North East Somerset,

(1.4), (1.5), (7), where appropriate

Bedfordshire, Bournemouth, Bracknell Forest, Bradford,

Bristol, Brighton and Hove, Buckinghamshire,

(a) the wood shall be stripped of its

Calderdale, Cambridgeshire, Cornwall, Cumbria,

Darlington, Devon, Doncaster, Dorset, Durham, East

Riding of Yorkshire, East Sussex, Essex, Gateshead,

Greater London, Hampshire, Hartlepool, Hertfordshire,

Kent, Kingston upon Hull, Kirklees, Leeds, Leicester

(b) official statement that the wood

City, Lincolnshire, Luton, Medway Council,

originates in areas known to be free

Middlesbrough, Milton Keynes, Newbury, Newcastle

from Dendroctonus micans Kugelan;

upon Tyne, Norfolk, Northamptonshire, Northumberland,

North Lincolnshire, North East Lincolnshire, North

Tyneside, North West Somerset, Nottingham City,

Nottinghamshire, Oxfordshire, Peterborough, Plymouth,

(c) there shall be evidence by a mark

Poole, Portsmouth, Reading, Redcar and Cleveland,

'Kiln-dried', 'KD' or another

Rotherham, Rutland, Sheffield, Slough, Somerset,

internationally recognised mark, put on

Southend, Southampton, South Tyneside, Stockton-on-

the wood or on its packaging in

Tees, Suffolk, Sunderland, Surrey, Swindon, Thurrock,

accordance with current commercial

Torbay, Wakefield, West Sussex, Windsor and

usage, that it has undergone kiln-drying

Maidenhead, Wokingham, York, the Isle of Man, the Isle

to below 20% moisture content,

of Wight, the Isles of Scilly, and the following parts of

expressed as a percentage of dry matter,

counties, districts and unitary authorities; Derby City: that

at time of manufacture, achieved

part of the unitary authority which lies to the north of the

through an appropriate time/temperature

northern boundary of the A52(T) road together with that

part of the unitary authority which lies to the north of the

northern boundary of the A6(T) road; Derbyshire: that

part of the county which lies to the north of the northern

boundary of the A52(T) road, and that part of the county

which lies to the north of the northern boundary of the

A6(T) road; Gloucestershire: that part of the county which

lies to the east of the eastern boundary of the Fosse Way

Roman road; Leicestershire: that part of the county which

lies to the east of the eastern boundary of the Fosse Way

Roman road, together with that part of the county which

lies to the east of the eastern boundary of the B4114 road,

and that part of the county which lies to the east of the

eastern boundary of the M1 motorway; North Yorkshire

the whole county, except that part of the county which

comprises the district of Craven; South Gloucestershire

that part of the unitary authority which lies to the south of

the southern boundary of the M4 motorway;

B

Staffordshire: that part of the county which lies to the east

of the eastern boundary of the A52(T) road and that part

of the county which lies to the east of the eastern

boundary of the A523 road; Warwickshire: that part of the

county which lies to the east of the eastern boundary of

the Fosse Way Roman road; Wiltshire: that part of the

county which lies to the south of the southern boundary of

the M4 motorway, and that part of the county which lies

to the east of the eastern boundary of the Fosse Way

Roman road)

2. Wood of conifers

Without prejudice to the requirements

EL, IRL, UK

(Coniferales)

applicable to the wood listed in

Schedule IV(A)(I)(1.1), (1.2), (1.3),

(1.4), (1.5), (7), where appropriate, and

Schedule IV(B)(1),

(a) the wood shall be stripped of its

bark;

or

(b) official statement that the wood

originates in areas known to be free

from Ips duplicatus Sahlbergh;

or

(c) there shall be evidence by a mark

'Kiln-dried', 'KD' or another

internationally recognised mark, put on

the wood or on its packaging in

accordance with current commercial

usage, that it has undergone kiln-drying

to below 20% moisture content,

expressed as a percentage of dry matter,

at time of manufacture, achieved

through an appropriate time/temperature

schedule.

3. Wood of conifers

Without prejudice to the requirements

IRL, UK

(Coniferales)

applicable to the wood listed in

Schedule IV(A)(I)(1.1), (1.2), (1.3),

(1.4), (1.5), (7), where appropriate, and

Schedule IV(B)(1) and (2)

(a) the wood shall be stripped of its

bark;

or

(b) official statement that the wood

originates in areas known to be free

from Ips typographus Heer;

or

(c) there shall be evidence by a mark

'Kiln-dried', 'KD' or another

internationally recognised mark, put on

the wood or on its packaging in

accordance with current commercial

usage, that it has undergone kiln-drying

to below 20% moisture content,

expressed as a percentage of dry matter,

at time of manufacture, achieved

through an appropriate time/temperature

schedule.

4. Wood of conifers

Without prejudice to the requirements

EL, F (Corsica), IRL, UK

(Coniferales)

applicable to the wood listed in

Schedule IV(A)(I)(1.1), (1.2), (1.3),

(1.4), (1.5), (7), where appropriate, and

Schedule IV(B)(1), (2), (3)

(a) the wood shall be stripped of its

bark;

or

(b) official statement that the wood

originates in areas known to be free

from Ips amitinus Eichhof;

or

(c) there shall be evidence by a mark

'Kiln-dried', 'KD' or another

internationally recognised mark, put on

the wood or on its packaging in

accordance with current commercial

usage, that it has undergone kiln-drying

to below 20% moisture content,

expressed as a percentage of dry matter,

at time of manufacture, achieved

through an appropriate time/temperature

schedule.

5. Wood of conifers

Without prejudice to the requirements

EL, IRL, UK (Northern Ireland, Isle of Man)

(Coniferales)

applicable to the wood listed in

Schedule IV(A,)(I)(1.1), (1.2), (1.3),

(1.4), (1.5), (7), where appropriate, and

Schedule IV(B)(1), (2), (3), (4)

(a) the wood shall be stripped of its

bark;

or

(b) official statement that the wood

originates in areas known to be free

from Ips cembrae Heer

or

(c) there shall be evidence by a mark

'Kiln-dried', 'KD' or another

internationally recognised mark, put on

the wood or on its packaging in

accordance with current commercial

usage, that it has undergone kiln-drying

to below 20% moisture content,

expressed as a percentage of dry matter,

at time of manufacture, achieved

through an appropriate time/temperature

schedule.

6. Wood of conifers

Without prejudice to the requirements

IRL, UK (Northern Ireland, Isle of Man)

(Coniferales)

applicable to the wood listed in

Schedule IV(A)(I)(1.1), (1.2), (1.3),

(1.4), (1.5), (7), where appropriate, and

Schedule IV(B)(1), (2), (3), (4), (5)

(a) the wood shall be stripped of its

bark;

or

(b) official statement that the wood

originates in areas known to be free

from Ips sexdentatus Börner;

or

(c) there shall be evidence by a mark

'Kiln-dried', 'KD' or another

internationally recognised mark, put on

the wood or on its packaging in

accordance with current commercial

usage, that it has undergone kiln-drying

to below 20% moisture content,

expressed as a percentage of dry matter,

at time of manufacture, achieved

through an appropriate time/temperature

schedule.

B

7. Plants of Abies Mill.,

Without prejudice to the provisions

EL, IRL, UK (Scotland, Northern Ireland, Jersey,

Larix Mill., Picea A.

applicable to the plants listed in

England: the following counties, districts and unitary

Dietr., Pinus L. and

Schedule III(A)(1), Schedule

authorities: Barnsley, Bath and North East Somerset,

Pseudotsuga Carr., over 3

IV(A)(I)(8.1), (8.2), (9), (10) and

Bedfordshire, Bournemouth, Bracknell Forest, Bradford,

m in height, other than

Schedule IV(A)(II)(4), (5), where

Bristol, Brighton and Hove, Buckinghamshire,

fruit and seeds

appropriate, official statement that the

Calderdale, Cambridgeshire, Cornwall, Cumbria,

place of production is free from

Darlington, Devon, Doncaster, Dorset, Durham, East

Dendroctonus micans Kugelan.

Riding of Yorkshire, East Sussex, Essex, Gateshead,

Greater London, Hampshire, Hartlepool, Hertfordshire,

Kent, Kingston upon Hull, Kirklees, Leeds, Leicester

City, Lincolnshire, Luton, Medway Council,

Middlesbrough, Milton Keynes, Newbury, Newcastle

upon Tyne, Norfolk, Northamptonshire, Northumberland,

North Lincolnshire, North East Lincolnshire, North

Tyneside, North West Somerset, Nottingham City,

Nottinghamshire, Oxfordshire, Peterborough, Plymouth,

Poole, Portsmouth, Reading, Redcar and Cleveland,

Rotherham, Rutland, Sheffield, Slough, Somerset,

Southend, Southampton, South Tyneside, Stockton-on-

Tees, Suffolk, Sunderland, Surrey, Swindon, Thurrock,

Torbay, Wakefield, West Sussex, Windsor and

Maidenhead, Wokingham, York, the Isle of Man, the Isle

of Wight, the Isles of Scilly, and the following parts of

counties, districts and unitary authorities; Derby City: that

part of the unitary authority which lies to the north of the

northern boundary of the A52(T) road together with that

part of the unitary authority which lies to the north of the

northern boundary of the A6(T) road; Derbyshire: that

part of the county which lies to the north of the northern

boundary of the A52(T) road, and that part of the county

which lies to the north of the northern boundary of the

A6(T) road; Gloucestershire: that part of the county which

lies to the east of the eastern boundary of the Fosse Way

Roman road; Leicestershire: that part of the county which

lies to the east of the eastern boundary of the Fosse Way

Roman road, together with that part of the county which

lies to the east of the eastern boundary of the B4114 road,

and that part of the county which lies to the east of the

eastern boundary of the M1 motorway; North Yorkshire

the whole county, except that part of the county which

comprises the district of Craven; South Gloucestershire

that part of the unitary authority which lies to the south of

the southern boundary of the M4 motorway;

Staffordshire: that part of the county which lies to the east

of the eastern boundary of the A52(T) road and that part

of the county which lies to the east of the eastern

boundary of the A523 road; Warwickshire: that part of the

county which lies to the east of the eastern boundary of

the Fosse Way Roman road; Wiltshire: that part of the

county which lies to the south of the southern boundary of

the M4 motorway, and that part of the county which lies

to the east of the eastern boundary of the Fosse Way

Roman road)

8. Plants of Abies Mill.

Without prejudice to the provisions

EL, IRL, UK

Larix Mill., Picea A.

applicable to the plants listed in

Dietr. and Pinus L., over

Schedule III(A)(1), Schedule

3 m in height, other than

IV(A)(I)(8.1), (8.2), (9), (10), Schedule

fruit and seeds

IV(A)(II)(4), (5), and Schedule

IV(B)(7), where appropriate, official

statement that the place of production is

free from Ips duplicatus Sahlberg.

9. Plants of Abies Mill.,

Without prejudice to the provisions

IRL, UK

Larix Mill., Picea A.,

applicable to the plants listed in

Dietr., Pinus L. and

Schedule III(A)(1), Schedule

Pseudotsuga Carr., over 3

IV(A)(I)(8.1), (8.2), (9), (10), Schedule

m in height, other than

IV(A)(II)(4), (5) and Schedule

fruit and seeds

IV(B)(7), (8), where appropriate,

official statement that the place of

production is free from Ips typographus

Heer.

10. Plants of Abies Mill.,

Without prejudice to the provisions

EL, F (Corsica), IRL, UK

Larix Mill., Picea A.

applicable to the plants listed in

Dietr., and Pinus L. over

Schedule III(A)(1), Schedule

3 m in height, other than

IV(A)(I)(8.1), (8.2), (9), (10), Schedule

fruit and seeds

IV(A)(II)(4), (5), and Schedule

IV(B)(7), (8), (9), where appropriate,

official statement that the place of

production is free from Ips amitinus

Eichhof.

11. Plants of Abies Mill.,

Without prejudice to the provisions

EL, IRL, UK (Northern Ireland, Isle of Man)

Larix Mill., Picea A.

applicable to the plants listed in

Dietr., Pinus L.,

Schedule III(A)(1), Schedule

Pseudotsuga Carr., over 3

IV(A)(I)(8.1), (8.2), (9), (10),

m in height, other than

Schedule IV(A)(II)(4), (5), and

fruit and seeds

Schedule IV(B)(7), (8), (9), (10), where

appropriate, official statement that the

place of production is free from Ips

cembrae Heer.

12. Plants of Abies Mill.,

Without prejudice to the provisions

IRL, UK (Northern Ireland, Isle of Man)

Larix Mill., Picea A.

applicable to the plants listed in

Dietr. and Pinus L., over

Schedule III(A)(1), Schedule

3 m in height, other than

IV(A)(I)(8.1), (8.2), (9), (10), Schedule

fruit and seeds

IV(A)(II)(4), (5), and Schedule

IV(B)(7), (8), (9), (10), (11), where

appropriate, official statement that the

place of production is free from Ips

sexdentatus Börner.

14.1. Isolated bark of

Without prejudice to the prohibitions

EL, IRL, UK (Scotland, Northern Ireland, Jersey,

conifers (Coniferales)

applicable to the bark listed in Schedule

England: the following counties, districts and unitary

III(A)(4), official statement that the

authorities: Barnsley, Bath and North East Somerset,

consignment

Bedfordshire, Bournemouth, Bracknell Forest, Bradford,

Bristol, Brighton and Hove, Buckinghamshire,

(a) has been subjected to fumigation or

Calderdale, Cambridgeshire, Cornwall, Cumbria,

other appropriate treatments against

Darlington, Devon, Doncaster, Dorset, Durham, East

bark beetles;

Riding of Yorkshire, East Sussex, Essex, Gateshead,

or

Greater London, Hampshire, Hartlepool, Hertfordshire,

(b) originates in areas known to be free

Kent, Kingston upon Hull, Kirklees, Leeds, Leicester

from Dendroctonus micans Kugelan.

City, Lincolnshire, Luton, Medway Council,

Middlesbrough, Milton Keynes, Newbury, Newcastle

upon Tyne, Norfolk, Northamptonshire, Northumberland,

North Lincolnshire, North East Lincolnshire, North

Tyneside, North West Somerset, Nottingham City,

Nottinghamshire, Oxfordshire, Peterborough, Plymouth,

Poole, Portsmouth, Reading, Redcar and Cleveland,

Rotherham, Rutland, Sheffield, Slough, Somerset,

Southend, Southampton, South Tyneside, Stockton-on-

Tees, Suffolk, Sunderland, Surrey, Swindon, Thurrock,

Torbay, Wakefield, West Sussex, Windsor and

Maidenhead, Wokingham, York, the Isle of Man, the Isle

of Wight, the Isles of Scilly, and the following parts of

counties, districts and unitary authorities; Derby City: that

part of the unitary authority which lies to the north of the

northern boundary of the A52(T) road together with that

part of the unitary authority which lies to the north of the

northern boundary of the A6(T) road; Derbyshire: that

part of the county which lies to the north of the northern

boundary of the A52(T) road, and that part of the county

which lies to the north of the northern boundary of the

A6(T) road; Gloucestershire: that part of the county which

lies to the east of the eastern boundary of the Fosse Way

Roman road; Leicestershire: that part of the county which

lies to the east of the eastern boundary of the Fosse Way

Roman road, together with that part of the county which

lies to the east of the eastern boundary of the B4114 road,

B

and that part of the county which lies to the east of the

eastern boundary of the M1 motorway; North Yorkshire

the whole county, except that part of the county which

comprises the district of Craven; South Gloucestershire

that part of the unitary authority which lies to the south of

the southern boundary of the M4 motorway;

Staffordshire: that part of the county which lies to the east

of the eastern boundary of the A52(T) road and that part

of the county which lies to the east of the eastern

boundary of the A523 road; Warwickshire: that part of the

county which lies to the east of the eastern boundary of

the Fosse Way Roman road; Wiltshire: that part of the

county which lies to the south of the southern boundary of

the M4 motorway, and that part of the county which lies

to the east of the eastern boundary of the Fosse Way

Roman road)

14.2. Isolated bark of

Without prejudice to the provisions

EL, F (Corsica), IRL, UK

conifers (Coniferales)

applicable to the bark listed in Schedule

III(A)(4), Schedule IV(B)(14.1), official

statement that the consignment

(a) has been subjected to fumigation or

other appropriate treatments against

bark beetles;

or

(b) originates in areas known to be free

from Ips amitinus Eichhof.

14.3. Isolated bark of

Without prejudice to the provisions

EL, IRL, UK (Northern Ireland, Isle of Man)

conifers (Coniferales)

applicable to the bark listed in Schedule

III(A)(4), Schedule IV(B)(14.1), (14.2),

official statement that the consignment

(a) has been subjected to fumigation or

other appropriate treatments against

bark beetles;

or

(b) originates in areas known to be free

from Ips cembrae Heer.

14.4. Isolated bark of

Without prejudice to the provisions

EL, IRL, UK

conifers (Coniferales)

applicable to the bark listed in Schedule

III(A)(4), Schedule IV(B)(14.1), (14.2),

(14.3), official statement that the

consignment

(a) has been subjected to fumigation or

other appropriate treatments against

bark beetles;

or

(b) originates in areas known to be free

from Ips duplicatus Sahlberg.

14.5. Isolated bark of

Without prejudice to the provisions

IRL, UK (Northern Ireland, Isle of Man)

conifers (Coniferales)

applicable to the bark listed in Schedule

III(A)(4), Schedule IV(B)(14.1), (14.2),

(14.3), (14.4), official statement that the

consignment

(a) has been subjected to fumigation or

other appropriate treatments against

bark beetles;

or

(b) originates in areas known to be free

from Ips sexdentatus Börner.

14.6. Isolated bark of

Without prejudice to the provisions

IRL, UK

conifers (Coniferales)

applicable to the bark listed in Schedule

III(A)(4), Schedule IV(B)(14.1), (14.2),

(14.3), (14.4), (14.5), official statement

that the consignment

(a) has been subjected to fumigation or

other appropriate treatments against

bark beetles;

or

(b) originates in areas known to be free

from Ips typographus Heer.

15. Plants of Larix Mill.,

Without prejudice to the provisions

IRL, UK (Northern Ireland, Isle of Man and Jersey)

intended for planting,

applicable to the plants listed in

other than seeds

Schedule III(A)(1), Schedule

IV(A)(I)(8.1), (8.2), (10), Schedule

IV(A)(II)(5) and Schedule IV(B)(7),

(8), (9), (10), (11), (12), (13), official

statement that the plants have been

produced in nurseries and that the place

of production is

free from Cephalcia lariciphila (Klug.)

16. Plants of Pinus L.,

Without prejudice to the provisions

IRL, UK (Northern Ireland)

Picea A. Dietr., Larix

applicable to the plants listed in

Mill., Abies Mill. and

Schedule III(A)(1), Schedule

Pseudotsuga Carr.,

IV(A)(I)(8.1), (8.2), (9),

intended for planting,

Schedule IV(A)(II)(4) and Schedule

other than seeds

IV(B)(7), (8), (9), (10), (11), (12), (13),

(15), where appropriate, official

statement that the plants have been

produced in nurseries and that the place

of production is free from

Gremmeniella abiedina (Lag.) Morelet.

17. Plants of Pinus L.,

Without prejudice to the provisions

E (Ibiza)

intended for planting,

applicable to the plants listed in

other than seeds

Schedule III(A)(1), Schedule

IV(A)(I)(8.1), (8.2), (9), Schedule

IV(A)(II)(4) and Schedule IV(B)(7),

(8), (9), (10), (11), (12), (13), (16),

official statement that the plants have

been produced in nurseries and that the

place of production and its immediate

vicinity is free from Thaumetopoea

pityocampa (Den. and Schiff.).

18. Plants of Picea A.

Without prejudice to the provisions

EL, IRL, UK (Northern Ireland, Isle of Man and Jersey)

Dietr., intended for

applicable to the plants listed in

planting, other than seeds

Schedule III(A)(1), Schedule

IV(A)(I)(8.1), (8.2), (10), Schedule

IV(A)(II)(5) and Schedule IV(B)(7),

(8), (9), (10), (11), (12), (13), (16),

official statement that the plants have

been produced in nurseries and that the

place of production is free from

Gilpinia hercyniae (Hartig).

19. Plants of Eucalyptus

Official statement that

EL, P (Azores)

l'Herit, other than fruit

(a) the plants are free from soil, and

and seeds

have been subjected to a treatment

against Gonipterus scutellatus Gyll.;

or

(b) the plants originate in areas known

to be free from Gonipterus scutellatus

Gyll.

20.1. Tubers of Solanum

Without prejudice to the provisions

DK, F (Britanny), FI, IRL, P (Azores), S (with the

tuberosum L., intended

applicable to the plants listed in

exception of the District Council areas of Bromölla,

for planting

Schedule III(A)(10), (11), Schedule

Hässleholm, Kristianstad and Östra Göinge in the county

IV(A)(I)(25.1), (25.2), (25.3), (25.4),

of Skåne), UK (Northern Ireland)

(25.5), (25.6), Schedule IV(A)(II)(18.1),

B

(18.2), (18.3), (18.4), (18.6), official

statement that the tubers

(a) were grown in an area where Beet

necrotic yellow vein virus (BNYVV) is

known not to occur;

or

(b) were grown on land, or in growing

media consisting of soil that is known to

be free from BNYVV, or officially

tested by appropriate methods and

found free from BNYVV;

or

(c) have been washed free from soil.

20.2. Tubers of Solanum

(a) The consignment or lot shall not

DK, F (Britanny), FI, IRL, P (Azores), S (with the

tuberosum L., other than

contain more than 1 % by weight of

exception of the District Council areas of Bromölla,

those mentioned in

soil,

Hässleholm, Kristianstad and Östra Göinge in the county

Schedule IV(B)(20.1)

of Skåne), UK (Northern Ireland)

or

(b) the tubers are intended for

processing at premises with officially

approved waste disposal facilities which

ensures that there is no risk of spreading

BNYVV

20.3. Tubers of Solanum

Without prejudice to the requirements

FI

tuberosum L.

listed in Schedule IV(A)(II)(18.1),

(18.2), (18.5), official statement that

provisions are complied with in respect

of Globodera pallida (Stone) Behrens

and Globodera rostochiensis

(Wollenweber) Behrens which are in

accordance with those laid down in

Council Directive 69/465/EEC of 8

December 1969 on control of Potato

Cyst Eelworm.

21. Plants and live pollen

Without prejudice to the prohibitions

E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata;

for pollination of

applicable to the plants listed in

Calabria; Campania; Emilia-Romagna: provinces of Forlí-

Chaenomeles Lindl.,

Schedule III(A)(9), (18), and Schedule

Cesena, Parma, Piacenza and Rimini; Friuli-Venezia

Cotoneaster Ehrh.,

III(B)(1), where appropriate, official

Giulia; Lazio; Liguria; Lombardy; Marche; Molise;

Crataegus L., Cydonia

statement that

Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto

Mill., Eriobotrya Lindl.,

Adige: autonomous provinces of Bolzano and Trento;

Malus Mill., Mespilus L.,

(a) the plants originate in the protected

Umbria; Valle d'Aosta; Veneto: except in the province of

Pyracantha Roem., Pyrus

zones E, F (Corsica), IRL, I (Abruzzi;

Rovigo the communes Rovigo, Polesella, Villamarzana,

L., Sorbus L. other than

Apulia; Basilicata; Calabria; Campania;

Fratta Polesine, San Bellino, Badia Polesine, Trecenta,

Sorbus intermedia

Emilia-Romagna: provinces of Forlí-

Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di

(Ehrh.) Pers., Stranvaesia

Cesena, Parma, Piacenza and Rimini;

Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda

Lindl., other than fruit

Friuli-Venezia Giulia; Lazio; Liguria;

Veneta, Frassinelle Polesine, Villanova del Ghebbo,

and seeds

Lombardy; Marche; Molise; Piedmont;

Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po,

Sardinia; Sicily; Tuscany; Trentino-Alto

Giacciano con Baruchella, Bosaro, Canaro, Lusia,

Adige: autonomous provinces of

Pincara, Stienta, Gaiba, Salara, and in the province of

Bolzano and Trento; Umbria; Valle

Padova the communes Castelbaldo, Barbona, Piacenza

d'Aosta; Veneto: except in the province

d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and

of Rovigo the communes Rovigo,

in the province of Verona the communes of

Polesella, Villamarzana, Fratta

Palù,Roverchiara, Legnago, Castagnaro, Ronco

Polesine, San Bellino, Badia Polesine,

all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola

Trecenta, Ceneselli, Pontecchio

Rizza, Angiari), A (Burgenland, Carinthia, Lower

Polesine, Arquà Polesine, Costa di

Austria, Tirol (administrative district Lienz), Styria,

Rovigo, Occhiobello, Lendinara, Canda,

Vienna), P, FI, UK (Northern Ireland, Isle of Man and

Ficarolo, Guarda Veneta, Frassinelle

Channel Islands)

Polesine, Villanova del Ghebbo, Fiesso

Umbertiano, Castelguglielmo, Bagnolo

di Po, Giacciano con Baruchella,

Bosaro, Canaro, Lusia, Pincara, Stienta,

Gaiba, Salara, and in the province of

Padova the communes Castelbaldo,

Barbona, Piacenza d'Adige, Vescovana,

S. Urbano, Boara Pisani, Masi, and in

the province of Verona the communes

of Palù, Roverchiara, Legnago,

Castagnaro, Ronco all'Adige, Villa

Bartolomea, Oppeano, Terrazzo, Isola

Rizza, Angiari), A (Burgenland,

Carinthia, Lower Austria, Tirol

(administrative district Lienz), Styria,

Vienna), P, FI, UK (Northern Ireland,

Isle of Man and Channel Islands

or

(b) the plants have been produced or, if

moved into a 'buffer zone' maintained,

for a period of at least one year, on a

field

(aa) located in an officially designated

'buffer zone' covering at least 50 km2

i.e. an area where host plants are

subjected to an officially approved and

supervised control regime with the

object of minimising the risk of Erwinia

amylovora (Burr.) Winsl. et al. being

spread from the plants grown there

(bb) which has been officially approved

before the start of the last complete

cycle of vegetation, for the cultivation

of plants under the requirements laid

down in this point;

(cc) which, as well as the other parts of

the 'buffer zone', has been found free

from Erwinia amylovora (Burr.) Winsl.

et al. since the beginning of the last

complete cycle of vegetation

— at official inspections carried out at

least twice in the field, as well as in the

surrounding zone of a radius of at least

250 m, i.e. once during July/August and

once during September/October,

and

— at official spot checks carried out in

the surrounding zone of a radius of at

least 1 km, at least once during July to

October, in selected appropriate places,

in particular where appropriate indicator

plants are present,

and

— at official tests carried out in

accordance with an appropriate

laboratory method on samples officially

drawn, since the start of the last

complete cycle of vegetation, from

plants having shown symptoms of

Erwinia amylovora (Burr.) Winsl. et al.

on the field or in other parts of the

'buffer zone',

and

(dd) from which, as well as from the

other parts of the 'buffer zone' no host

plants showing symptoms of Erwinia

amylovora (Burr.) Winsl. et al. have

been removed without prior official

investigation or approval.

22. Plants of Allium

(a) The consignment or lot shall not

DK, F (Britanny), IRL, P (Azores), FI, S (with the

porrum L., Apium L.,

contain more than 1 % by weight of

exception of the District Council areas of Bromölla,

Beta L., other than those

soil,

Hässleholm, Kristianstad and Östra Göinge in the county

mentioned in Schedule

or

of Skåne), UK (Northern Ireland)

B

IV(B)(25) and those

(b) the plants are intended for

intended for animal

processing at premises with officially

fodder, Brassica napus

approved waste disposal facilities which

L., Brassica rapa L.,

ensures that there is no risk of spreading

Daucus L., other than

BNYVV

plants intended for

planting

23. Plants of Beta

(a) Without prejudice to the

DK, F (Britanny), FI, IRL, P (Azores), S (with the

vulgaris L., intended for

requirements applicable to the plants

exception of the District Council areas of Bromölla,

planting, other than seeds

listed in Schedule IV(A)(I)(35.1),

Hässleholm, Kristianstad and Östra Göinge in the county

(35.2), Schedule IV(A)(II)(25)

of Skåne), UK (Northern Ireland)

and Schedule IV(B)(22), official

statement that the plants

(aa) have been officially individually

tested and found free from Beet necrotic

yellow vein virus (BNYVV);

or

(bb) have been grown from seeds

complying with the requirements listed

in Schedule IV(B)(27.1) and (27.2), and

— grown in areas where BNYVV is

known not to occur,

or

— grown on land, or in growing media,

officially tested by appropriate methods

and found free from BNYVV,

and

— sampled, and the sample tested and

found free from BNYVV;

(b) the organisation or research body

holding the material shall inform their

official Member State plant protection

service of the material held.

24.1. Unrooted cuttings

Without prejudice to the requirements

IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral,

of Euphorbia

applicable to the plants listed in

Entre Douro e Minho, Madeira, Ribatejo e Oeste and

pulcherrima Willd.,

Schedule IV(A)(I)(45.1), where

Trás-os-Montes), FI, S, UK

intended for planting

appropriate, official statement that

(a) the unrooted cuttings originate in an

area known to be free from Bemisia

tabaci Genn. (European populations),

or

(b) no signs of Bemisia tabaci Genn.

(European populations) have been

observed either on the cuttings or on the

plants from which the cuttings are

derived and held or produced at the

place of production on official

inspections carried out at least each

three weeks during the whole

production period of these plants on this

place of production,

or

(c) in cases where Bemisia tabaci Genn.

(European populations) has been found

at the place of production, the cuttings

and the plants from which the cuttings

are derived and held or produced in this

place of production have undergone an

appropriate treatment to ensure freedom

from Bemisia tabaci Genn. (European

populations) and subsequently this

place of production shall have been

found free from Bemisia tabaci Genn.

(European populations) as a

consequence of the implementation of

appropriate procedures aiming at

eradicating Bemisia tabaci Genn.

(European populations), in both official

inspections carried out weekly during

the three weeks prior to the movement

from this place of production and in

monitoring procedures throughout the

said period. The last inspection of the

above weekly inspections shall be

carried out immediately prior to the

above movement

24.2. Plants of Euphorbia

Without prejudice to the requirements

IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral,

pulcherrima Willd.,

applicable to the plants listed in

Entre Douro e Minho, Madeira, Ribatejo e Oeste and

intended for planting,

Schedule IV(A)(I)(45.1), where

Trás-os-Montes), FI, S, UK

other than

appropriate official statement that

— seeds,

(a) the plants originate in an area known

— those for which

to be free from Bemisia tabaci Genn.

there shall be

(European populations),

evidence by their

or

packing or their

(b) no signs of Bemisia tabaci Genn.

flower (or bract)

(European populations) have been

development or by other

observed on plants at the place of

means that they are

production on official inspections

intended for sale to

carried out at least once each three

final consumers not

weeks during the nine weeks prior to

involved in

marketing,

professional plant

production,

or

— those specified in 24.1

(c) in cases where Bemisia tabaci Genn.

(European populations) has been found

at the place of production, the plants,

held or produced in this place of

production have undergone an

appropriate treatment to ensure freedom

from Bemisia tabaci Genn. (European

populations) and subsequently this

place of production shall have been

found free from Bemisia tabaci Genn.

(European populations) as a

consequence of the implementation of

appropriate procedures aiming at

eradicating Bemisia tabaci Genn.

(European populations), in both official

inspections carried out weekly during

the three weeks prior to the movement

from this place of production and in

monitoring procedures throughout the

said period. The last inspection of the

above weekly inspections shall be

carried out immediately prior to the

above movement,

and

(d) evidence is available that the plants

have been produced from cuttings

which

(da) originate in an area known to

be

free from Bemisia tabaci Genn.

(European populations),

or

(db) have been grown at a place of

production where no signs of

Bemisia tabaci Genn. (European

populations)

have been

B

observed on official inspections

carried out at least once

each

three weeks during the whole

production period of these plants,

or

(dc) in cases where Bemisia tabaci

Genn. (European populations) has

been

found at the place of

production, have

been grown on

plants held or produced

in this

place of production having

undergone an appropriate

treatment to

ensure freedom

from Bemisia tabaci Genn. (European

populations) and

subsequently this

place of production shall have been

found free from

Bemisia tabaci

Genn. (European

populations) as a

consequence of the implementation

of appropriate

procedures

aiming at eradicating Bemisia tabaci

Genn. (European

populations), in

both official

inspections

carried out weekly during

the

three weeks prior to the movement

from this place of production and

in monitoring procedures throughout

the said period. The last inspection of

the above weekly inspections shall be

carried out immediately prior to

the above movement

24.3. Plants of Begonia

Without prejudice to the requirements

IRL, P (Alentejo, Azores, Beira Interior, Beira Litoral,

L., intended for planting,

applicable to the plants listed in

Entre Douro e Minho, Madeira, Ribatejo e Oeste and

other than seeds, tubers

Schedule IV(A)(I)(45.1), where

Trás-os-Montes), FI, S, UK

and corms, and plants of

appropriate, official statement

Ficus L. and Hibiscus L.,

that

intended for planting,

(a) the plants orginate in an area known

other than seeds, other

to be free from Bemisia tabaci Genn.

than those for which there

(European populations),

shall be evidence by their

or

packing or their flower

(b) no signs of Bemisia tabaci Genn.

development or by other

(European populations) have been

means that they are

observed on plants at the place of

intended for sale to final

production on official inspections

consumers not involved

carried out at least once each three

in professional plant

weeks during the nine weeks prior to

production

marketing,

or

(c) in cases where Bemisia tabaci Genn.

(European populations) has been found

at the place of production, the plants,

held or produced in this place of

production have undergone an

appropriate treatment to ensure freedom

from Bemisia tabaci Genn. (European

populations) and subsequently this

place of production shall have been

found free from Bemisia tabaci Genn.

(European populations) as a

consequence of the implementation of

appropriate procedures aiming at

eradicating Bemisia tabaci Genn.

(European populations), in both official

inspections carried out weekly during

the three weeks prior to the movement

from this place of production and in

monitoring procedures throughout the

said period. The last inspection of the

above weekly inspections shall be

carried out immediately prior to the

above movement

25. Plants of Beta

Official statement that

DK, F (Britanny), FI, IRL, P (Azores), , S (with the

vulgaris L., intended for

exception of the District Council areas of Bromölla,

(a) the plants are transported in such a

industrial processing

Hässleholm, Kristianstad and Östra Göinge in the county

manner as to ensure that there is no risk

of Skåne), UK (Northern Ireland)

of spreading BNYVV, and are intended

to be delivered to a processing plant

with officially approved waste disposal

facilities, which ensures that there is no

risk of spreading BNYVV,

or

(b) the plants have been grown in an

area where BNYVV is known not to

occur

26. Soil from beet and

Official statement that soil or waste

DK, F (Britanny), FI, IRL, P (Azores), , S (with the

unsterilised waste from

exception of the District Council areas of Bromölla,

(a) has been treated to eliminate

beet (Beta vulgaris L.)

Hässleholm, Kristianstad and Östra Göinge in the county

contamination with BNYVV,

of Skåne), UK (Northern Ireland)

or

(b) is intended to be transported for

disposal in an officially approved

manner,

or

(c) comes from Beta vulgaris plants

grown in an area where BNYVV is

known not to occur

27.1. Seeds and fodder

Without prejudice to the provisions of

DK, F (Britanny), FI, IRL, P (Azores), , S (with the

beet seed of the species

Council Directive 66/400/EEC of 14

exception of the District Council areas of Bromölla,

Beta vulgaris L.

June 1966 on the marketing of beet

Hässleholm, Kristianstad and Östra Göinge in the county

seed, where applicable, official

of Skåne), UK (Northern Ireland)

statement that

(a) the seed of the categories 'basic seed'

and 'certified seed' satisfies the

conditions laid down in Schedule

I(B)(3) to Directive 66/400/EEC; or

(b) in the case of 'seed not finally

certified',

the seed

— satisfies the conditions

laid

down in Article (15)(2) of

Directive 66/400/EEC, and

— is intended for processing

that

will satisfy the conditions

laid

down in Schedule I(B) to

Directive

66/400/EEC and delivered to

a

processing enterprise with

officially approved

controlled waste disposal, ,to prevent

the

spread of Beet necrotic

yellow

vein virus (BNYVV);

(c) the seed has been produced from a

crop grown in an area where BNYVV is

known not to occur.

27.2. Vegetable seed of

Without prejudice to the provisions of

DK, F (Britanny), FI, IRL, P (Azores), , S (with the

the species Beta vulgaris

Council Directive 70/458/EEC of 29

exception of the District Council areas of Bromölla,

L.

September 1970 on the marketing of

Hässleholm, Kristianstad and Östra Göinge in the county

vegetable seed, where applicable,

of Skåne), UK (Northern Ireland)

official statement that

(a) the processed seed contains no more

B

than 0,5% by weight of inert matter, in

the case of pelleted seed this standard

shall be met prior to pelleting; or

(b) in the case of non-processed seed,

the seed

— shall be officially packed in such a

manner as to ensure that there is no risk

of spread of BNYVV, and

— is intended for processing that will

satisfy the conditions laid down in (a)

and delivered to a processing enterprise

with officially approved controlled

waste disposal, to prevent the spread of

Beet necrotic yellow vein virus

(BNYVV);

or

(c) the seed has been produced from a

crop grown in an area where BNYVV is

,known not to occur.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) No person shall move the plants, plant products and other

objects listed in Part A of Schedule V to these regulations, or seeds

referred to in Part A of Schedule IV of these regulations, unless -

(i) these are not contaminated by the harmful organisms

listed in Part A of Schedule I to these regulations<

(ii) in the case of plants and plant products listed in Part A

of Schedule II to these regulations they are not contaminated by

harmful organisms listed in relation thereto in the said Part<

(iii) in the case of plants, plant products and other objects

listed in Part A of Schedule IV to these regulations, they satisfy

the requirements specified in relation thereto in the said Part<

(b) Any person or producer who notices any unusual

occurrence of harmful organisms, symptoms or any other plant

abnormality shall immediately notify the Director of such occurrence.

(c) For the purposes of establishing whether a plant, plant

product or other object complies with the requirements established under

sub-regulation (1) of this regulation, the Director shall carry out such

regular inspections or as he may consider appropriate but at least once

(d) Such inspections shall be carried out on the relevant

plants or plant products grown, produced or used by the producer,

registered under these regulations, or otherwise present on his premises

as well as to the growing medium used therein< and for such purposes

the inspection shall be carried out on the premises, preferably at the

place of production.

REGISTRATION

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS WHICH MUST BE SUBJECT TO A

PLANT HEALTH INSPECTION -AT THE PLACE OF PRODUCTION IF ORIGINATING IN

THE COMMUNITY, BEFORE BEING MOVED WITHIN THE COMMUNITY – IN THE

COUNTRY OF ORIGIN OR THE CONSIGNOR COUNTRY, IF ORIGINATING OUTSIDE THE

COMMUNITY- BEFORE BEING PERMITTED TO ENTER COMMUNITY

PART A

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN THE COMMUNITY

I. Plants, plant products and other objects which are potential carriers of harmful organisms of

relevance for the entire Community and which must be accompanied by a plant passport

1. Plants and plant products

1.1. Plants, intended for planting other than seeds, of the genera Chaenomeles Lindl., Cotoneaster Ehrh.,

Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Prunus L., other than Prunus

laurocerasus L. and Prunus lusitanica L., Pyracantha Roem., Pyrus L., Sorbus L., other than Sorbus

intermedia (Ehrh.) Pers., and Stranvaesia Lindl.

1.2. Plants of Beta vulgaris L. and Humulus lupulus L., intended for planting, other than seeds.

1.3. Plants of stolon- or tuber-forming species of Solanum L. or their hybrids, intended for planting.

1.4. Plants of Fortunella Swingle, Poncirus Raf., and their hybrids and Vitis L., other than fruit and seeds.

1.5. Without prejudice to point 1.6, plants of Citrus L. and their hybrids other than fruit and seeds.

1.6. Fruits of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids with leaves and peduncles.

1.7. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from one of the following genera

- Castanea Mill, excluding wood which has been stripped of bark,

- Platanus L., including wood which has not kept its natural round surface

and

(b) meets one of the following descriptions laid down in Annex I, Part II to Council Regulation (EEC)

NO. 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs

Tariff

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 22 00

Wood in chips or particles

ex 4401 30

Wood waste and scrap, not agglomerated in logs, briquettes, pellets or

similar forms

4403 99

Wood in the rough, whether or not stripped of bark or sapwood, or

squared

- other than treated with paint, stains, creosote or other preservatives,

- other than coniferous, oak (Quercus spp.) or beech (Fagus spp.)

ex 4404 20 00

Split poles: piles, pickets and stakes of wood, painted but not sawn

lengthwise

- non-coniferous

4406 10 00

Railway or tramway sleepers (cross-ties) of wood

- not impregnated

ex 4407 99

Wood sawn or chipped lengthwise, sliced or peeled, not planed,

sanded or finger-jointed, of a thickness exceeding 6 mm, in particular

beams, planks, flitches, boards, laths

- other than coniferous, tropical woods, oak (Quercus spp.) or beech

(Fagus spp.).

1.8. Isolated bark of Castanea Mill.

B

2. Plants, plant products and other objects produced by producers whose production and sale is authorised

to persons professionally engaged in plant production, other than those plants, plant products and other

objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the

responsible official bodies of the Member States, that the production thereof is clearly separate from that

of other products

2.1. Plants intended for planting other than seeds of the genera Abies Mill., Apium graveolens L.,

Argyranthemum spp., Aster spp., Brassica spp., Castanea Mill., Cucumis spp., Dendranthema (DC) Des

Moul., Dianthus L. and hybrids Exacum spp., Fragaria L., Gerbera Cass., Gypsophila L., all varieties of

New Guinea hybrids of Impatiens L., Lactuca spp., Larix Mill., Leucanthemum L., Lupinus L.,

Pelargonium l'Hérit. ex Ait., Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus laurocerasus L.,

Prunus lusitanica L., Pseudotsuga Carr., Quercus L., Rubus L., Spinacia L., Tanacetum L., Tsuga Carr.

and Verbena L. and other plants of herbaceous species, other than plants of the family Gramineae,

intended for planting, and other than bulbs, corms, rhizomes, seeds and tubers.

2.2. Plants of Solanaceae, other than those referred to in point 1.3 intended for planting, other than seeds.

2.3. Plants of Araceae, Marantaceae, Musaceae, Persea spp. and Strelitziaceae, rooted or with growing

medium attached or associated

2.4. Seeds and bulbs of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for

planting and plants of Allium porrum L. intended for planting.

3. Bulbs and corms intended for planting, produced by producers whose production and sale is authorised

to persons professionally engaged in plant production, other than those plants, plant products and other

objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the

responsible official bodies of the Member States, that the production thereof is clearly separate from that

of other products of Camassia Lindl., Chionodoxa Boiss., Crocus flavus Weston 'Golden Yellow',

Galanthus L., Galtonia candicans (Baker) Decne., miniature cultivars and their hybrids of the genus

Gladiolus Tourn. ex L., such as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus

hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene Herbert,

Muscari Miller, Narcissus L., Orinthogalum L., Puschkinia Adams, Scilla L. Tigridia Juss. and Tulipa L.

II. Plants, plant products and other objects which are potential carriers of harmful organisms of

relevance for certain protected zones, and which must be accompanied by a plant passport valid for

the appropriate zone when introduced into or moved within that zone

Without prejudice to the plants, plant products and other objects listed in Part I.

1. Plants, plant products and other objects

1.1. Plants of Albies Mill., Larix Mill., Picea A. Dietr., Pinus L. and Pseudotsuga Carr.

1.2. Plants intended for planting, other than seeds, of Populus L. and Beta vulgaris L.

1.3. Plants, other than fruit and seeds, of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia

Mill, Eriobotrya Lindl., Eucalyptus l'Hérit., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L.,

Sorbus L., other than Sorbus intermedia (Ehrh.) Pers. and Stranvaesia Lindl.

1.4. Live pollen for pollination of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,

Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L., other than Sorbus

intermedia (Ehrh.) Pers. and Stranvaesia Lindl.

1.5. Tubers of Solanum tuberosum L., intended for planting.

1.6. Plants of Beta vulgaris L., intended for industrial processing

1.7. Soil from beet and unsterilised waste from beet (Beta vulgaris L.)

1.8. Seeds of Beta vulgaris L., Dolichos Jacq., Gossypium spp. and Phaseolus vulgaris L.

1.9. Fruits (bolls) of Gossypium spp. and unginned cotton

1.10. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from conifers (Coniferales), excluding wood which has been

stripped of bark;

and

(b) meets one of the following descriptions laid down in Annex I, Part II to Regulation (EEC) No.

2658/87

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21 00

Wood in chips or particles

ex 4401 30

Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

4403 20

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared

- other than treated with paint, stains creosote or other preservatives

ex 4404 10 00

Split poles: piles pickets and stakes of wood, pointed but not sawn lengthwise

4406 10 00

Railway or tramway sleepers (cross-ties)

- not impregnated

ex 4407 10

Wood sawn or chipped lengthwise sliced or peeled, not planed, sanded or finger-

jointed, of a thickness exceeding 6 mm (in particular, beams, planks, flitches, boards,

laths)

ex 4415 10

Packing cases, crates, drums

ex 4415 20

Pallets, box pallets and other load boards

- other than pallets and box pallets where they satisfy the standard set up for 'UIC

pallets' and are marked accordingly

1.11. Isolated bark of conifers (Coniferales).

2. Plants, plant products and other objects produced by producers whose production and sale is authorised

to persons professionally engaged in plant production, other than those plants, plant products and other

objects which are prepared and ready for sale to the final consumer, and for which it is ensured by the

responsible official bodies of the Member States, that the production thereof is clearly separate from that

of other products

2.1. Plants of Begonia L., intended for planting, other than corms, seeds, tubers, and plants of Euphorbia

pulcherrima Willd., Ficus L. and Hibiscus L., intended for planting, other than seeds

PART B

PLANTS, PLANT PRODUCTS AND OTHER OBJECTS ORIGINATING IN TERRITORIES, OTHER

THAN THOSE TERRITORIES REFERRED TO IN PART A

I. Plants, plant products and other objects which are potential carriers of harmful organisms of

relevance for the entire Community

1. Plants, intended for planting, other than seeds but including seeds of Cruciferae Gramineae, Trifolium

spp., originating in Argentina, Australia, Bolivia, Chile, New Zealand and Uruguay, genera Triticum,

Secale and X Triticosecale from Afghanistan, India, Iraq, Mexico, Nepal, Pakistan, South Africa and the

USA. Capsicum spp. Helianthus annuus L., Lycopersicon lycopersicum (L.) Karsten ex Farw., Medicago

sativa L., Prunus L., Rubus L., Oryza spp., Zea mais L., Allium ascalonicum L., Allium cepa L., Allium

porrum L., Allium schoenoprasum L. and Phaseolus L.

2. Parts of plants, other than fruits and seeds of

— Castanea Mill., Dendranthema (DC) Des. Moul., Dianthus L., Gypsophila L., Pelargonium l'Herit. ex

Ait, Phoenix spp., Populus L., Quercus L., Solidago L. and cut flowers of Orchidaceae,

— conifers (Coniferales),

— Acer saccharum Marsh., originating in North American countries,

— Prunus L., originating in non-European countries,

— Cut flowers of Aster spp., Eryngium L., Hypericum L., Lisianthus L., Rosa L. and Trachelium L.,

originating in non-European countries,

— leafy vegetables of Apium graveolens L. and Ocimum L.

3. Fruits of

—Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids, Momordica L. and Solanum melongena

L.

— Annona L., Cydonia Mill., Diospyros L., Malus Mill., Mangifera L., Passiflora L., Prunus L., Psidium

L., Pyrus L., Ribes L. Syzygium Gaertn., and Vaccinium L., originating in non-European countries.

4. Tubers of Solanum tuberosum L.

5. Isolated bark of

— conifers (Coniferales),

— Acer saccharum Marsh, Populus L., and Quercus L. other than Quercus suber L.

6. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from one of the order, genera or species as described hereafter

— Castanea Mill.,

— Castanea Mill., Quercus L., including wood which has not kept its natural round surface, originating in

North American countries,

B

— Platanus L., including wood which has not kept its natural round surface,

— Conifers (Coniferales), other than Pinus L., originating in non-European countries, including wood

which has not kept its natural round surface,

— Pinus L., including wood which has not kept its natural round surface,

— Populus L., originating in countries of the American continent,

— Acer saccharum Marsh., including wood which has not kept its natural surface, originating in North

American countries,

and

b) meets one of the following descriptions laid down in Annex I, Part II to Regaulation (EEC) No

2658/87

CN code

Description

4401 10 00 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

ex 4401 21 Wood in chips or particles

— coniferous originating in non-European countries

4401 22

Wood in chips or particles

— non-coniferous

ex 4401 30 Wood waste and scrap, not agglomerated in logs, briquettes, pellets, or similar forms

ex 4403 20 Wood in the rough, whether or not stripped of bark or sapwood or roughly squared

— other than treated with paint, stains, creosote or other preservatives, coniferous

originating in non-European countries

4403 91 00 Wood in the rough, whether or not stripped of bark or sapwood or squared

— other than treated with paint, stains, creosote or other preservatives

— oak (Quercus spp.)

4403 99

Wood in the rough, whether or not stripped of bark or sapwood, or squared

— other than treated with paint, stains, creosote or other preservatives,

— other than coniferous, of oak (Quercus spp.) or of beech (Fagus spp.)

ex 4404 10 Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise

— coniferous, originating in non-European countries

ex 4404 20 Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise

— non-coniferous

4406 10 00 Railway or tramway sleepers (cross-ties) of wood

— not impregnated

ex 4407 10 Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of

a thickness exceeding 6 mm, in particular beams, planks, flitches, boards, laths

— coniferous originating in non-European countries

ex 4407 91 Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of

a thickness exceeding 6 mm, in particular beams, planks, flitches, boards, laths

— of oak (Quercus spp.)

ex 4407 99 Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-jointed, of

a thickness exceeding 6 mm, in particular beams, planks, flitches, boards, laths

— other than coniferous, of tropical woods, of oak (Quercus spp.) or of beech (Fagus spp.)

ex 4415 10 Packing cases, crates and drums of wood originating in non-European countries

ex 4415 20 Pallets, box pallets and other load boards, of wood originating in non-European countries

ex 4416 00 Barrels of wood, including staves, of oak (Quercus spp.)

Pallets and box pallets (CN code ex 4415 20) are also exempted where they satisfy the standard set up for

'UIC pallets' and are marked accordingly.

7. (a) Soil and growing medium as such, which consists in whole or in part of soil or solid organic

substances such as parts of plants, humus including peat or bark, other than that composed entirely of

peat.

(b) Soil and growing medium, attached to or associated with plants, consisting in whole or in part of

material specified in (a) or consisting in part of any solid inorganic substance, intended to sustain the

vitality of the plants, originating in

—Turkey,

— Belarus, Estonia, Georgia, Latvia, Lithuania, Moldova, Russia, Ukraine,

— non-European countries, other than Algeria, Egypt, Israel, Libya, Morocco, Tunisia

8. Grain of the genera Triticum, Secale and X Triticosecale originating in Afghanistan, India, Iraq,

Mexico, Nepal, Pakistan, South Africa and the USA.

II. Plants, plant products and other objects which are potential carriers of harmful organisms of

relevance for certain protected zones

Without prejudice to the plants, plant products and other objects listed in I.

1. Plants of Beta vulgaris L., intended for industrial processing

2. Soil from beet and unsterilised waste from beet (Beta vulgaris L.)

3. Live pollen for pollination of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,

Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L., other than Sorbus

intermedia (Ehrh.) Pers., and Stranvaesia Lindl.

4. Parts of plants, other than fruit and seeds of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L.,

Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L., Sorbus L., other

than Sorbus intermedia (Ehrh.) Pers., and Stranvaesia Lindl.

5. Seeds of Dolichos Jacq., Magnifera spp., Beta vulgaris L. and Phaseolus vulgaris L.

6. Seeds and fruits (bolls) of Gossypium spp. and unginned cotton.

7. Wood within the meaning of the first subparagraph of Article 2(2), where it

(a) has been obtained in whole or part from conifers (Coniferales), other than Pinus L., originating in

European third countries; and

(b) meets one of the following descriptions laid down in Annex I, Part II to Regaulation (EEC) No

2658/87

CN code

Description

4401 10 00

Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms

4401 21 00

Wood in chips or particles

ex 4401 30

Wood waste and scrap, not agglomerated in logs, briquettes, pellets or similar forms

4403 20

Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared

— other than treated with paint, stains, creosote or other preservatives

ex 4404 10 00

Split poles: piles, pickets and stakes of wood, pointed but not sawn lengthwise

4406 10 00

Railway or tramway sleepers (cross-ties)

— not impregnated

ex 4407 10

Wood sawn or chipped lengthwise, sliced or peeled, not planed, sanded or finger-

jointed, of a thickness exceeding 6 mm, in particular beams, planks, flitches, boards,

laths

4415 10

Packing cases, crates and drums

4415 20

Pallets, box pallets and other load boards

Pallets and box pallets (CN code ex 4415 20) are also exempted where they satisfy the standards set up for

'UIC pallets' and are marked accordingly.

8. Parts of plants of Eucalyptus l'Hérit.

B

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) No person shall carry out any of the following activities Official register and

registration.

unless such person is registered in the official register under the provision

of these regulations>-

(i) propagating, growing and trading or any other activity

associated with any plants, plant products or other objects listed in

Part A of Schedule V to these regulations and seeds referred to in

Part A of Schedule IV to these regulations<

(ii) importation of any plant, plant, product or other object

listed in Part A of Schedule V to these regulations, and seeds

referred to in Part A of Schedule IV to these regulations<

(iii) production or the management of collective warehouses

or dispatching centres of>

(i) Tubers of Solanum tuberosum L., other than seed

potatoes,

(ii) Fruits of Citrus L., Fortunella Swingle, Poncirus

Raf., and their hybrids.

(b) The Director may, in cases where there is no risk of any

spreading of harmful organisms, exempt any person who qualifies as a

small producer or processor as defined in paragraph (c) of this regulation

from the requirements of registration under these regulations.

(c) For the purposes of this regulation a small producer or

processor shall satisfy all the following requirements, namely that he -

(i) carries out the activity of propagating, growing, and#or

selling of plant material on a part time basis, and

(ii) sells to or trades directly with the consumer, and

(iii) is not involved in the movement of plant material to

and from other Member States, and

(iv) does not carry out any importation activities of plant

and plant products>

Provided that any person seeking to be exempted from the

provisions of this paragraph shall make an application therefore to the

Director in such form, in such manner and within such time as the

Director may require by notice in the Gazette.

(d) Any person seeking to be registered in the official

register shall make an application to the Director in such form, in such

manner and during such time as Director may establish in the Gazette.

Such application shall as a minimum contain the following information>

(i) the name, address and identity card number of the

applicant,

(ii) the type of activity for which the application is being

made,

(iii) the species of plants or planting material which are

intended to be propagated, grown or traded,

(iv) the address of every premises were the activity will be

carried out,

(v) the person who will be effectively managing or

controlling the activity, hereinafter in these regulations referred to

as the authorised person,

(vi) the stage of growth at which plants and plant products

are marketed,

(vii) such other information as the Director may require.

(e) On receiving an application for registration the Director

shall verify such application and shall ascertain that the applicant is a

fit and proper person to be registered, and that he can fulfil the

requirements listed in regulation 7 of these regulations. For such purpose

the Director may request such other information and the production of

such documents as he may deem fit.

(f) The Director may grant or refuse an application and in

case of refusal the Director shall inform the applicant in writing stating

the reasons for such refusal.

(g) The Director shall issue a Certificate with the respective

registration number.

(h) The registration of a person registered under these

regulations may be removed from the official register either on the

request of person so registered or if in the opinion of the Director such

person is no longer a fit and proper person to remain so registered.

(i) Any registered person shall notify the Director of any

change in any of the particulars submitted in the application for

registration and with any changes in circumstances which may

effect their registration.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

INFORMATION THAT SHALL APPEAR ON A PLANT PASSPORT

1. 'EEC-plant passport'.

2. Indication of member State code, in case for Malta (M).

3. Indication of the responsible official body or its distinguishing code, in case of Malta the Plant Health

Department (PHD).

4. Registration number.

5. Individual serial, or week or batch number.

6. Botanical name in Latin

7. Quantity.

8. The distinctive marking 'ZP' for the territorial validity of the passport and, where appropriate, the name

of the protected zone(s) for which the product is qualified.

9. The distinctive marking 'RP' in case of replacement of a plant passport and, where appropriate, the code

for the originally registered producer or importer.

10. Where appropriate, the name of the country of origin or consignor country, for third country products.

Ireland, Portugal (Alentejo, Azores, Beira Interior, Beira Litoral, Entre Douro e Minho, Madeira, Ribatejo e Oeste and Trás-os-Montes), Finland, Sweden,

ZONES IN THE COMMUNITY RECOGNISED AS «PROTECTED ZONES», IN RESPECT OF HARMFUL

ORGANISM(S) LISTED AGAINST THEIR NAMES

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) A person registered under these regulations shall at all Obligations for

registered persons.

times comply with the requirements established under paragraph (b) of

this regulation to the satisfaction of the Director.

(b) A registered person shall>

(i) meet obligations relating to the assessment or

improvement of the plant health situation of the premises and to

safeguard the identity of material < these obligations may include

activities such as special examination, sampling, isolation, rouging,

treatment, destruction and marking and any other measure which

is specifically required under Section II, Part A of Schedule IV or

Part B of Schedule IV to these regulations<

(ii) keep an updated plan of the premises on which the plants,

plant products or other objects are grown, produced, stored, kept

or used by the business, individual or other organisation so listed<

(iii) keep records on plants, plant products or other objects>

-purchased for storage or planting on the premises,

-under production,

-dispatched to others,

and to keep the documents for at least one year<

(iv) The authorized person shall carry out visual

observations as necessary and at appropriate times, to ascertain

that obligations laid down in these regulations are met and in such

a way, and in such a manner as laid down in guideline instructions

as may by time to time be issued by the Director.

(v) To give such information and co-operate with the

Director on any matter relating to these regulations and for such

purpose shall ensure access for inspectors and officials of the Plant

Health Department, in particular for inspection and, where

appropriate, sampling, and to the records referred to in paragraph

(b) (iii) of this regulation and related documents in accordance

with these regulations.

PLANT PASSPORTS

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Insects, mites and nematodes, at all stages of their development

Greece, Spain (Andalusia, Catalonia, Extremadura, Murcia, Valencia)

Ireland, United Kingdom (Northern Ireland, Isle of Man and Jersey)

P ROTECTED ZONES : TERRITORY OF

Bemisia tabaci Genn. (European populations)

H ARMFUL ORGANISMS

Cephalcia lariciphila (Klug.)

Anthonomus grandis (Boh.)

United Kingdom

(a)

1.

2.

1.

2.

3. B

Rutland, Sheffield, Slough, Somerset, Southend, Southampton, South Tyneside, Stockton-on-Tees, Suffolk, Sunderland,

Council, Middlesbrough, Milton Keynes, Newbury, Newcastle upon Tyne, Norfolk, Northamptonshire, Northumberland,

North Lincolnshire, North East Lincolnshire, North Tyneside, North West Somerset, Nottingham City, Nottinghamshire,

Surrey, Swindon, Thurrock, Torbay, Wakefield, West Sussex, Windsor and Maidenhead, Wokingham, York, the Isle of

comprises the district of Craven; South Gloucestershire: that part of the unitary authority which lies to the south of the

unitary authorities: Barnsley, Bath and North East Somerset, Bedfordshire, Bournemouth, Bracknell Forest, Bradford,

Doncaster, Dorset, Durham, East Riding of Yorkshire, East Sussex, Essex, Gateshead, Greater London, Hampshire,

which lies to the east of the eastern boundary of the B4114 road, and that part of the county which lies to the east of

which lies to the east of the eastern boundary of the Fosse Way Roman road; Leicestershire: that part of the county

road; Warwickshire: that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman

Man, the Isle of Wight, the Isles of Scilly, and the following parts of counties, districts and unitary authorities; Derby

Greece, Ireland, United Kingdom (Scotland, Northern Ireland, Jersey, England: the following counties, districts and

with that part of the unitary authority which lies to the north of the northern boundary of the A6(T) road; Derbyshire

Bristol, Brighton and Hove, Buckinghamshire, Calderdale, Cambridgeshire, Cornwall, Cumbria, Darlington, Devon,

the eastern boundary of the M1 motorway; North Yorkshire: the whole county, except that part of the county which

boundary of the A52(T) road and that part of the county which lies to the east of the eastern boundary of the A523

which lies to the east of the eastern boundary of the Fosse Way Roman road, together with that part of the county

southern boundary of the M4 motorway; Staffordshire: that part of the county which lies to the east of the eastern

county which lies to the north of the northern boundary of the A6(T) road; Gloucestershire: that part of the county

Hartlepool, Hertfordshire, Kent, Kingston upon Hull, Kirklees, Leeds, Leicester City, Lincolnshire, Luton, Medway

City: that part of the unitary authority which lies to the north of the northern boundary of the A52(T) road together

road; Wiltshire: that part of the county which lies to the south of the southern boundary of the M4 motorway, and

that part of the county which lies to the north of the northern boundary of the A52(T) road, and that part of the

Oxfordshire, Peterborough, Plymouth, Poole, Portsmouth, Reading, Redcar and Cleveland, Rotherham,

that part of the county which lies to the east of the eastern boundary of the Fosse Way Roman road)

Greece, Ireland, United Kingdom (Northern Ireland, Isle of Man and Jersey)

Globodera pallida (Stone) Behrens

Dendroctonus micans Kugelan

Gonipterus scutellatus Gyll

Gilpinia hercyniae (Hartig)

Greece, Portugal (Azores)

Finland

4.

5.

6.

7. Spain (Ibiza and Menorca), Ireland, Portugal (Azores and Madeira), Finland (districts of Åland, Håme, Kymi, Pirkanmaa, Satakunta, Turku, Uusimaa),

Sweden (counties of Blekroge, Gotlands, Halland, Kalmar and Skåne), United Kingdom

Spain, (Granada and Malaga), Portugal (Alentejo, Algarve and Madeira)

Greece, Ireland, United Kingdom (Northern Ireland and Isle of Man)

Ireland, United Kingdom (Northern Ireland and Isle of Man)

Greece, France (Corsica), Ireland, United Kingdom

Ireland, the United Kingdom (Northern Ireland)

15. Sternochetus mangiferae Fabricius

14. Liriomyza bryoniae (Kaltenbach)

13. Leptinotarsa decemlineata Say

Greece, Ireland, United Kingdom

11. Ips sexdentatus Boerner

10. Ips duplicatus Sahlberg

12. Ips typographus Heer

Ips amitinus Eichhof

Ireland, United Kingdom

Ips cembrae Heer

8.

9. B

Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of

Padova the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the

Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont;

Veneto: except in the province of Rovigo the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino,

‘Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of

Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara,

Oppeano, Terrazzo, Isola Rizza, Angiari), and for Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative

Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta;

Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo,

district Lienz), Styria, Vienna), Portugal, Finland, the United Kingdom (Northern Ireland, Isle of Man and Channel

province of Verona the communes Palù, Roverchiara, Legnago, Castagnaro, Ronco all'Adige, Villa Bartolomea,

Curtobacterium flaccumfaciens pv. flaccumfaciens (Hedges) Col.

16. Thaumetopoea pityocampa (Den. and Schiff.)

Erwinia amylovora (Burr.) Wirisl. et al.

Greece, Spain, Portugal

(b) Bacteria

Spain (Ibiza)

Fungi

Islands)’

(c)

1.

2. areas of Bromölla, Hässleholm, Kristianstad and Östra Göinge in the county of Skåne), the United Kingdom (Northern

Denmark, France (Britanny), Ireland, Portugal (Azores), Finland, Sweden (with the exception of the District Council

Hypoxylon mammatum (Wahl.) J Miller

Ireland, United Kingdom (Northern Ireland)

Ireland, United Kingdom (Northern Ireland)

Citrus tristeza virus (European strains)

Greece, France (Corsica), Italy, Portugal

(d) Viruses and virus-like organisms

Gremmeniella abietina Morelet

Beet necrotic yellow vein virus

Glomerella gossypii Edgerton

Tomato spotted wilt virus

Finland, Sweden

Ireland)

Greece

1.

2.

3.

1.

2.

3. B

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) No plants, plant products or other objects listed in Part

A of Schedule V to these regulations and seeds referred to in regulation

5(a) of these regulations, whether originating from third countries or

otherwise, may be moved unless accompanied by a plant passport issued

in accordance with these regulations, or by the competent authority in a

member state. Such passport shall be attached to plants, plant products

and other objects, to their packaging or to the vehicles transporting them>

Provided that, in the case of seeds referred to in regulation 5(a) of

these regulations, a plant passport will not be required if there is issued

in relation to such seeds a commercialisation certificate issued under

the Act. In such case, such documents shall be deemed to be plant

passports for the purposes of these regulations.

(b) The requirements of paragraph (a) of this regulation shall

not apply to the movement of small quantities of plants, plant products,

and other objects, which -

(i) do not show any sign of any plant infection or infestation

and there is no evident risk of harmful organism spreading, and

(ii) are intended for use by the owner or recipient for non-

industrial and non-commercial purposes or for consumption during

transport.

(c) A plant passport may only be issued if it satisfies the

requirements specified in regulation 5 of these regulations and complies

with all the other relevant conditions provided for in these regulations.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Plant Health Department

GOVERNMENT

OF MALTA

Lija – Malta

PLANT HEALTH CLEARANCE

DOCUMENT

No.

Ministry for Rural Affairs and the Environment

PART A

1. Name and address of exporter

2. Phytosanitary Certificate No.

issued by the plant protection organisation of ______________

on __________________________(date)

3. Name and address of importer

4. Official registration No. of importer

5. Place of origin

6. Declared means of conveyance

7. Declared point of entry

8. Expected date and time of arrival

8.Distinguishing marks, number and description of packages,

9. Quantity declared

name of produce, botanical name of plants and Taric

10. This consignment contains produce of phytosanitary relevance.

11. I _______________________________________ hereby declare that the information above is correct. I hereby allow the use of

information within this document for internal purposes of the Department.

Signature

ID No.

Date

PART B

TO BE COMPLETED BY AUTHORISED PLANT HEALTH INSPECTOR

Date

Stamp of Plant Health Department

Name and signature of authorized officer

N.B. No liability attaches to the Department or to any of its officers in connection with the issue of this Certificate.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Producers and importers registered under regulation 6

of these regulations may be authorised by the Director to issue passports

subject to the provisions of this regulation.

(b) Producers and importers seeking to be authorised to issue

passports as aforesaid shall make an application to the Director in such

form, in such manner and within such time as the Director may from

time to time establish by notice in the Gazette. Such application shall as

a minimum contain the following information>

(i) name, address, identity card and the official registration

number of the applicant,

(ii) species of plants or planting material for which plant

passports are to be issued,

(iii) the address of every premises were the activity will be

carried out,

(iv) the person who will be responsible to produce, store

and issue plant passports,

(v) such other information as the Director may require.

(c) When an application is received by the Director, an

inspection can be carried out by the Department of the premises

connected with the activity for the purpose of ascertaining, for the

purposes of these regulations, the plant health status of such plants,

plant products or other objects. The applicant shall allow the inspector

access to all records and to any premises to carry out such inspection

and the facility to take any samples from any premises used in connection

with the activity in accordance with these regulations.

(d) The Director may grant or refuse an application and in

case of refusal the Director shall inform the applicant in writing stating

the reasons for such refusal.

(e) Any authorisation issued under this regulation may be

suspended or revoked in part or in full by the Director if he has reasonable

cause to make such suspension or revocation. In such a case the Director

shall immediately inform the authorised person giving the reasons for

such suspension or revocation and the Director may also in such notice

require the applicant to remedy the situation in such manner and within

such time as may be specified in such notice.

(f) Any person authorised to issue plant passports shall

notify the Director of any change in any of the particulars submitted in

the application to be authorised to issue plant passports and with any

changes in circumstances which may effect their registration.

(g) An authorisation for the issue of plant passports under

this regulation shall include an authorization for the issue of a

replacement passport as provided for in regulation 11 of these

regulations.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

L.N. of 2004

NOTIFICATION OF INTERCEPTION OF A CONSIGNMENT OR HARMFUL

ORGANISM FROM A THIRD COUNTRY

B

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) The Director may establish the form of the plant

passport. However the plant passport shall contain the information as

established down in Schedule VI to these regulations>

Provided that if the commercial document accompanying the plant

passport contains the information required under items 1 to 10 of

Schedule VI to these regulations, the information contained in the plant

passport can be limited to the information required under items 1 to 5.

In such a case the plant passport shall be deemed to be complete if

accompanied by the said commercial document.

Where in the movement of plants, plant products or other objects

the authorised person or inspector requires to insert information in

addition to that contained in Schedule VI to these regulations, the

authorized person or inspector shall insert such information on the

commercial accompanying document and not on the plant passport. In

such a case such information shall be clearly and distinctly separated

from the information listed in said Schedule VI to these regulations.

(b) The required information shall preferably be printed but

may be handwritten in capital letters and shall be in Maltese or English.

Alterations, obliterations and erasures which are not signed by the

authorised person or inspector shall invalidate the said plant passport.

(c) Any plant passport affixed to any plant material specified

in accordance with paragraph (a) of this regulation shall be produced,

stored and affixed to such plant material, by or under the supervision of

an authorized person or an inspector.

(d) The authorised person or inspector referred to in

paragraph (c) of this regulation, as appropriate, shall ensure that in

relation to any plant, plant product or object listed under Part A of

Schedule V to these regulations a valid plant passport appropriate for

the destination within the Community of such plant, plant product or

other object is issued. Where relevant, this shall include an indication

as specified in Schedule VI to these regulations that the plant, plant

product or other object meets the appropriate requirements of any

protected zone to which the plant, plant product or other object is being

moved.

(e) Commercial purchasers of plants, plant products or other

objects shall, as final users professionally engaged in plant production,

retain the related plant passports for at least one year, and enter the

references in their records. The Director may by notice in the Gazette

specify the format in which records shall be kept.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

MODEL CERTIFICATES

The following model certificates are determined with regard to

— The text,

— The format

— The layout and the dimensions of the boxes

— The colour of the paper and the colour of the printing.

Part A. Model Phytosanitary Certificate

1. Plant Health Department

GOVERNMENT

OF

Lija – Malta

MALTA

Phytosanitary Certificate No.

EXPORT

2. Declared name and address of consigner

3. Plant Quarantine Section, Malta

to Plant Protection Organisation of

………………………………………………

4. Place of origin

5. Declared means of conveyance

6. Name and address of exporter

7. Declared point of entry

8. Distinguishing marks, number and description of packages,

9. Quantity declared

name of produce, botanical name of plants

10. This is to certify that the plants or plant products described above

have been inspected according to appropriate procedures, and

are considered to be free from quarantine pests practically free from other injurious pests, and that they

are considered to conform with the content phytosanitary regulations of the importing country

11. Additional declaration

DISINFESTATION AND/OR DISINFECTION TREATMENT

18. Place of issue

12. Treatment

Date

Name and signature of

authorised officer

13. Chemical (active ingredient)

14. Duration and temperature

15. Concentration

16. Date

Stamp

17. Additional information

N.B. No liability attaches to the Department or to any of its officers in connection with the issue of this Certificate.

B

Part B. Model Phytosanitary Certificate for re-export

1. Plant Health Department

GOVERNMENT

OF

Lija – Malta

MALTA

Phytosanitary Certificate No.

For Re-Export

ORIGINAL

2. Declared name and address of consigner

3. Plant Quarantine Section, Malta

to Plant Protection Organisation of

………………………………………………

9. Place of origin

10. Declared means of conveyance

11. Name and address of exporter

12. Declared point of entry

13. Distinguishing marks, number and description of packages,

9. Quantity declared

name of produce, botanical name of plants

13. This is to certify

That the plants products described above were imported into Malta (country of re-export)…………………….

from (country of origin)…………………….. covered by Phytosanitary Certificate no. ……………………….

□

□ certified true copy of which is attached to this Certificate.

*

original

that they are

□

□ repacked in

□ original

□ new containers.

*

packed

that based on the

□

□

*

original Phytosanitary Certificate and

additional inspection, they are considered to conform with the current regulations

of the importing country, and

that during storage in Malta (country of re-export) the consignment has not been subjected to the risk of infestation or infection.

* Insert tick in the appropriate boxes.

14. Additional declaration

DISINFESTATION AND/OR DISINFECTION TREATMENT

18. Place of issue

15. Treatment

Date

Name and signature of

13. Chemical (active ingredient)

14. Duration and temperature

authorised officer

15. Concentration

18. Date

Stamp

19. Additional information

N.B. No liability attaches to the Department or to any of its officers in connection with the issue of this Certificate.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Without prejudice to provisions of Schedule IV to these Conditions

replacement of plant

regulations, a replacement passport may be issued in place of a passport passports.

in any of the following circumstances>

(i) where the original passport is in relation to a consignment

which requires to be divided up,

(ii) where the plant-health status of the consignment under

which the plant passport has been issued has changed.

(b) The replacement may take place only at the request of a

natural or legal person, whether a producer or not, listed in an official

register, in accordance with regulation 6 hereof.

(c) The replacement passport may be prepared only if the

identity of the product concerned and the absence of any risk of infection

due to harmful organisms listed in Schedule I and II since dispatch by

the producer can be guaranteed.

(d) The replacement passport must bear a special mark, as

specified in Schedule VI, and include the number of the original producer

and, if there was a change in plant-health status, of the operator

responsible for that change.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

PART A

CONDITIONS UNDER WHICH PROHIBITED PESTS AND REGULATED

ARTICLES LISTED IN SCHEDULES 1 TO 5 AND OTHER LIVING PLANT

PESTS AT ALL STAGES OF THEIR DEVELOPMENT MAY BE INTRODUCED,

OR MAINTAINED IN MALTA FOR TRIAL OR SCIENTIFIC PURPOSES AND

FOR WORK ON PLANT BREEDING.

1. GENERAL CONDITIONS.

1. In compliance with Regulation 20(1), the Plant Health Department shall issue official

permits for the introduction and movement of articles necessary for research

(hereinafter: permit) if the application complies with provisions of Part B of this

Schedule, furthermore,

a) the nature and objectives of the research and the research material intended for

introduction and movement meet the requirements of Regulation 20,

b) the containment conditions of the premises and facilities at the site or sites indicated

in the application are in compliance with the provisions laid down in points 5 and 6

and approved by the Department and

c) the scientific and technical qualifications of the personnel by whom the activities are

to be undertaken, are approved by the Department.

2. The quantity of research material specified in the permit shall be limited to an amount

that is adequate for the approved activities and in any case the amount shall not

exceed quantities which have been determined having regard to available containment

facilities.

3. The suitability of containment conditions of the premises and facilities at the sites

based on paragraphs 1/b and 1/c, shall be assessed according to the risk assessment

made by the Department as well as to the provisions under 5 and 6.

4. The Department will provide for and supervise quarantine.

5. The following phytosanitary measures concerning the premises, facilities and

working procedures are provided for by the Department, taking the applicant’s

information into considerations

a) physical isolation from all other plant/pest population, including consideration of

control of vegetation in surrounding areas,

b) designation of a contact person responsible for the activities,

c) restricted access to the premises and facilities, and to surrounding area, as

appropriate, to named personnel only,

d) appropriate identification of the premises and facilities, indicating the type of

activities and personal responsible,

B

e) maintenance of a register of the activities performed and manual of operating

procedures, including procedures in the event of escape of pests from containment,

f) appropriate security and alarm systems,

g) appropriate control measures to prevent the introduction into and the spread within

the premises of pests,

h) controlled procedures for sampling and for transfer between premises and facilities,

of the material,

i) controlled waste, soil and water disposal, as appropriate,

j) appropriate hygiene and disinfestation procedures and facilities for personal,

structures and equipment,

k) appropriate measures and facilities for disposal of experimental material (test facility

and testing procedures).

6. The Department may provide for further quarantine measures according to the

specific biology and epidemiology of the type of material involved,

a) maintenance in facilities which separate chamber ‘double door’ access to personnel,

maintenance under negative air pressure,

b) maintenance in espace-proof containers with appropriate mesh size and other barriers

e.g. water barrier for mites, closed soil containers for nematodes, electric insect traps,

c) maintenance in isolation from other pests and material, e.g. viruliferous plant food

material, host material,

d) maintenance of material for breeding in breeding cages with manipulation devices,

e) no interbreeding of the pests with indigenous strains or species,

f) avoidance of continuous culture of the pests,

g) maintenance under conditions that strictly control the multiplication of the pest, e.g.

under an environmental regime such that diapause does not occur,

h) maintenance in such a way that no spread by propagules can occur, e.g. air streams

should be avoided,

i) procedures to check the purity of cultures of the pests for freedom from parasites and

other pests,

j) appropriate control programmes for the material to eliminate possible vectors, for in

vitro activities, handling of the material under sterile conditions: equipping the

laboratory for the performance of aseptic procedures,

k) maintenance of pests spread by vectors under conditions such that there is no spread

via the vector e.g. controlled mesh size, containment of soil,

l) seasonal isolation to ensure the activities are done during periods of low plant health

risk.

PART B

INFORMATION TO BE LISTED ON THE PERMIT APPLICATION

The application referred to in Regulation 20(b), shall specify at least the following

- the name and address of the person responsible for the activities,

- the scientific name or names of the material, including the harmful organism concerned,

where appropriate,

- the type of material,

- the quantity of material,

- the place of origin of the material, with appropriate documentary evidence for material

to be introduced from a third country,

- the duration, nature and objectives of the activities envisaged, including at least, a

resumé of the work and a specification for trial for scientific purposes or work on varietal

selections,

- the address and description of the specific site or sites for quarantine containment and,

where appropriate, for testing,

- the place of first storage or of first planting, as appropriate, after the material has been

officially released, where appropriate,

- the proposed method of destruction or treatment of material on completion of the

approved activities, where appropriate,

- the place of introduction within the Community for material to be introduced from a

third country.

B

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Where it is found that a plant, plant product or other object Official measures.

does not qualify for a plant passport the following provisions shall be

(i) they are submitted to appropriate treatment, and if as a

result of the treatment the conditions of a passport are fulfilled, a

plant passport is issued<

(ii) a permit for movement, under official control, to zones

where they do not present an additional risk is given<

(iii) a permit for movement, under official control, to places

for industrial processing is given< or

(iv) their destruction is ordered.

PROTECTED ZONES

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

MODEL LETTER OF AUTHORITY FOR THE INTRODUCTION AND/OR

MOVEMENT OF PESTS, PLANTS, PLANT PRODUCTS AND OTHER ARTICLES FOR

TRIAL OR SCIENTIFIC PURPOSES AND FOR WORK ON PLANT BREEDING

Ministry for Rural Affairs and the Environment

Plant Health Department

Malta

NUMBER: ………………

LETTER OF AUTHORITY

For the introduction and movement of prohibited pests and regulated article listed in Schedule 1 to 5

of the Plant Quarantine Regulations and other living plant pests at all stages of their development for

trial or scientific purposes and for work on plant breeding

(Plant Quarantine Regulations LN

)

1. Name and address of consignor/Plant Protection organisation of the country of origin

2. Name and address of person responsible for the approved

3. Plant Quarantine Section

activities

Plant Health Department

Malta

4. Address and description of the specific site or sites for

5. Place of origin (documentary evidence attached for the imported

quarantine containment

material)

6. Phytosanitary certificate number

7. Declared point of entry for the imported research material

Plant Passport Number

8. Scientific name(s) of the material, including the pests

9. Quantity of the research material

concerned

10. Type of research material

11. Additional declaration

This material is introduced into / moved within Malta under LN

Delete as applicable

12. Additional information

13. Endorsement by the responsible official body of the country

9. Stamp of the Plant Health Department, Malta

of origon of the material

Place of Endorsement

Date

Name and signature of authorised officer

Place of issue

Date

Name and signature of authorised officer

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) No person shall introduce into or keep or spread within Protected zones.

the relevant protected zones>

(i) the harmful organisms listed in Part B of Schedule I to

these regulations<

(ii) the plants and plant products listed in Part B of Schedule

II to these regulations, where they are contaminated by the relevant

harmful organisms listed therein.

(b) No person shall introduce into a protected zone, plant

material listed in Part B of Schedule III to these regulations, into the

relevant protected zones.

(c) No person shall introduce into a protected zones or keep

or spread within a protected zone the plants, plant products and other

objects listed in Part B of Schedule IV to these regulations, unless the

relevant special requirements indicated in that part of the Schedule are

met.

(d) Plants, plant products and other objects listed in Section

II of Part A of Schedule V to these regulations, and seeds mentioned in

regulation 5(a), may not be introduced into a specified protected zone

or move therein, unless a plant passport valid for that zone is attached

to them, to their packaging or to the vehicles transporting them. If on

issuing the plant passport the examination does not concern conditions

relevant to the protected zones, it is considered that such conditions are

not fulfilled and the plant passport issued shall not be valid for such

zones.

(e) The zones in the Community listed in Schedule VII to

these regulations are hereby recognized as protected zones in respect of

the harmful organisms listed in relation thereto in the said Schedule.

NOTIFICATION OF INTRODUCTION OF PLANT

MATERIAL IN MALTA

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

QUARANTINE MEASURES INCLUDING TESTING ON PLANTS, PLANT PRODUCTS AND OTHER

OBJECTS INTENDED FOR RELEASE FROM QUARANTINE

PART A

For certain plants, plant products and other objects listed in Schedule III to these Regulations

Section I

Plants of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, other than fruit and seeds

1. The plant material, as appropriate, shall be subjected to appropriate therapy procedures as laid down in

FAO/IPGRI Technical Guidelines.

2. The plant material, following the therapy procedures carried out in point 1, shall be subjected to

indexing procedures in its entirety. All plant material including indexing plants, shall be held at the

approved facilities under the quarantine containment conditions laid down in Schedule XI to these

regulations. Plant material intended for approval for official release shall be held under conditions

conducive to a normal cycle of vegetative growth and be subjected to visual inspection for signs and

symptoms of harmful organisms including all relevant harmful organisms listed in Directive 77/93/EEC,

on arrival and subsequently, at appropriate times, during the period of the indexing procedures.

3. For the purposes of point 2, the plant material shall be indexed for harmful organisms (tested for and

identified) according to the following procedures

3.1 The testing shall use appropriate laboratory methods and, where appropriate, indicator plants,

including Citrus sinensis (L.) Osbeck, C. aurantifolia Christm. Swing, C. medica L., C. reticulata Blanco

and Sesamum L., in order to detect at least the following harmful organisms

(a) Citrus greening bacterium

(b) Citrus variegated chlorosis (c)

Citrus mosaic virus (d) Citrus tristeza virus (all isolates)

(e) Citrus vein enation woody gall

(f) Leprosis

(g) Naturally spreading psorosis

(h) Phoma tracheiphila (Petri) Kanchaveli & Gikashvili

(i) Satsuma dwarf virus

(j) Spiroplasma citri Saglio et al

(k) Tatter leaf virus

(l) Witches' broom (MLO)

(m) Xanthomonas campestris (all strains pathogenic to Citrus).

3.2 For diseases such as Blight and Blight-like for which there are no short-term indexing procedures the

plant material must be subjected upon arrival to shoot-tip grafting onto seedling stock grown under sterile

culture as set out in FAO/IPGRI Technical Guidelines, and the resulting plants subjected to therapy

procedures according to point 1.

4. The plant material subjected to the visual inspections referred to in point 2 and on which signs and

symptoms of harmful organisms have been observed shall be subjected to an investigation including

B

testing where necessary, to determine as far as possible, the identity of the harmful organisms causing the

signs and symptoms.

Section II

Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L. and their hybrids and Fragaria L., intended

for planting, other than seeds

1. The plant material, as appropriate, shall be subjected to appropriate therapy procedures as laid down in

FAO/IPGRI Technical Guidelines.

2. The plant material, following the therapy procedures carried out in point 1, shall be subjected to

indexing procedures in its entirety. All plant material including indexing plants, shall be held at the

approved facilities under the quarantine containment conditions laid down in Schedule XI. Plant material

intended for approval for official release shall be held under conditions conducive to a normal for signs

and symptoms of harmful organisms including all relevant harmful organisms listed in Directive

77/93/EEC, on arrival and subsequently, at appropriate times, during the period of the indexing

procedures.

3. For the purposes of point 2 the plant material shall be indexed for harmful organisms (tested for and

identified) according to the following procedures

3.1 In the case of Fragaria L., irrespective of the country of origin of the plant material, the testing shall

use appropriate laboratory methods and, where appropriate, indicator plants, including Fragaria vesca, F.

virginiana and Chenopodium spp. for the detection of at least the following harmful organisms

(a) Arabis mosaic virus

(b) Raspberry ringspot virus

(c) Strawberry crinkle virus

(d) Strawberry latent 'C` virus

(e) Strawberry latent ringspot virus

(f) Strawberry mild yellow edge virus

(g) Strawberry vein banding virus

(h) Strawberry witches' broom mycoplasm

(i) Tomato black ring virus

(j) Tomato ringspot virus

(k) Colletotrichum acutatum Simmonds

(l) Phytophthora fragariae Hickman var fragariae Wilcox & Duncan

(m) Xanthomonas fragariae Kennedy & King.

3.2 In the case of Malus Mill

(i) where the plant material originates from a country which is not known to be free of any of the

following harmful organisms

(a) Apple proliferation mycoplasm; or

(b) Cherry rasp leaf virus (American),

the testing shall use appropriate laboratory methods and, where appropriate, indicator plants for the

detection of the relevant harmful organisms, and (ii) irrespective of the country of origin of the plant

material, the testing shall use appropriate laboratory methods and, where appropriate, indicator plants for

the detection of at least the following harmful organisms

(a) Tobacco ringspot virus

(b) Tomato ringspot virus

(c) Erwinia amylovora (Burr.) Winsl. et al.

3.3 In the case of Prunus L., as appropriate for each Prunus species

(i) where the plant material originates from a country which is not known to be free of any of the

following harmful organisms

(a) Apricot chlorotic leafroll mycoplasm;

(b) Cherry rasp leaf virus (American); or

(c) Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.,

the testing shall use appropriate laboratory methods and, where appropriate, indicator plants for the

detection of the relevant harmful organisms; and

(ii) irrespective of the country of origin of the plant material, the testing shall use appropriate laboratory

methods and, where appropriate, indicator plants for the detection of at least the following harmful

organisms

(a) Little cherry pathogen (non-European isolates)

(b) Peach mosaic virus (American)

(c) Peach phony rickettsia

(d) Peach rosette mosaic virus

(e) Peach rosette mycoplasm

(f) Peach X-disease mycoplasm

(g) Peach yellows mycoplasm

(h) Plum line pattern virus (American)

(i) Plum pox virus

(j) Tomato ringspot virus

(k) Xanthomonas campestris pv. pruni (Smith) Dye.

3.4 In the case of Cydonia Mill. and Pyrus L. irrespective of the country of origin of the plant material,

testing by appropriate laboratory methods, and, where appropriate, indicator plants, for detection of at

least the following harmful organisms

(a) Erwinia amylovora (Burr.) Winsl. et al.

(b) Pear decline mycoplasm.

4. The plant material subjected to the visual inspections referred to in point 2 and on which signs and

symptoms of harmful organisms have been observed shall be subject to an investigation including testing

where necessary, to determine as far as possible, the identity of the harmful organisms causing the signs

and symptoms.

Section III

Plants of Vitis L., other than fruits

1. The plant material shall be subjected, as appropriate, to appropriate therapy procedures, as laid down in

FAO/IPGRI Technical Guidelines.

2. The plant material, following the therapy procedures carried out in point 1, shall be subjected to

indexing procedures in its entirety. All plant material including indexing plants, shall be held at the

approved facilities under the quarantine containment conditions laid down in Schedule XI to these

regulations. Plant material intended for approval for official release shall be held under conditions

conducive to a normal cycle of vegetative growth and shall be subjected to visual inspection for signs and

symptoms of harmful organisms including those of Daktulosphaira vitifoliae (Fitch) and of all other

relevant harmful organisms listed in Directive 77/93/EEC, on arrival and subsequently, at appropriate

times, during the period of the indexing procedures.

3. For the purposes of point 2 the plant material shall be indexed for harmful organisms (tested for and

identified) according to the following procedures

3.1 Where the plant material originates in a country which is not known to be free of the following

B

harmful organisms

(i) Ajinashika disease. The testing shall use an appropriate laboratory method. In the event of a negative

result, the plant material shall be indexed on the vine variety Koshu and kept under observation during at

least two cycles of vegetation.

(ii) Grapevine stunt virus. The testing shall use appropriate indicator plants, including the vine variety

Campbell Early, and observation shall take place during one year.

(iii) Summer mottle. The testing shall use appropriate indicator plants, including the vine varieties

Sideritis, Cabernet-Franc and Mission.

3.2 Irrespective of the country of origin of the plant material, the testing shall use appropriate laboratory

methods and, where appropriate, indicator plants for the detection of at least the following harmful

organisms

(a) Blueberry leaf mottle virus

(b) Grapevine Flavescence dorée MLO and other grapevine yellows

(c) Peach rosette mosaic virus

(d) Tobacco ringspot virus

(e) Tomato ringspot virus (strain 'yellow vein` and other strains)

(f) Xylella fastidiosa (Well & Raju)

(g) Xylophilus ampelinus (Panagopoulos) Willems et al.

4. The plant material subjected to the visual inspections referred to in point 2 and on which signs and

symptoms of harmful organisms have been observed shall be subjected to an investigation including

testing where necessary, to determine as far as possible, the identity of the harmful organisms causing the

signs and symptoms.

PART B

For plants, plant products and other objects listed in Annexes II and IV to EU Directive 77/93/EEC

1. The official quarantine measures shall include appropriate inspection or testing for the relevant harmful

organisms listed in Annexes I and II to Directive 77/93/EEC and shall be carried out in respect of the

special requirements laid down in Annex IV to Directive 77/93/EEC and shall be carried out in respect of

the special requirements laid down in Annex IV to Directive 77/93/EEC for specific harmful organisms,

as appropriate. In respect of such special requirements the methods used for the quarantine measures shall

be those laid down in Annex IV to Directive 77/93/EEC or other equivalent officially approved measures.

2. The plants, plant products and other objects must be found free, according to the provisions of

paragraph 1, from the relevant harmful organisms specified in Annexes I, II and IV to Directive

77/93/EEC for the said plants, plant products and other objects.

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

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Any person, in the course of any commercial activity,

Prior notice of entry

who intends to introduce into Malta any plant and, or plant material,

shall notify the Plant Health Department by completing Part A of the

Plant Health Clearance Document in Schedule VIII to these regulations

and forwarding to the Department at least 24 hours prior to the expected

time of arrival. The importer and, or commercial agent shall inform the

Director as soon as reasonably possible, of any changes to the expected

time or date of arrival into Malta of the notified consignment.

(b) Any person who, in the course of any commercial

activity, intends to import into Malta any plant, plant product or any

other object listed in Part B of Schedule V to these regulations shall, by

not later than 24 hours before the expected date and time of arrival of

the consignment, file a request with the Plant Health Department for

the issue of the Plant Health Clearance Document, hereinafter referred

to as a PHCD. Where there is any change in the expected time or date

of arrival, any such person shall inform the Director immediately of

such change.

(c) A request made under paragraph (b) of this regulation

shall be made to the Director in triplicate in the form shown in Schedule

VIII to these regulations.

(d) The required information shall preferably be printed but

may be handwritten in capital letters and shall be in English or Maltese<

the botanical name of the plants or plant products shall be indicated in

Latin characters< alterations, obliterations and erasures, shall invalidate

the said request.

(e) The authorities responsible for the point of entry in Malta

shall notify together with the notification to the Customs, the Plant Health

Department of any immenent arrival of consignments listed in Part B

of Schedule V to these regulations.

(f) Where a PHCD has been issued in terms of these

regulations, such document shall be deemed to be a plant passport, for

the purpose of these regulations, to the first point of destination of the

consignment.

(g) A PHCD shall be retained by the importer for a period

of at least three years.

IMPORTATION OF PLANT MATERIAL

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Plants, plant products and other objects listed in Part B Requirements for

importation.

of Schedule V to these regulations entering Malta from third countries,

shall be landed at the established point of entries and shall be subject to

both Customs and the Department’s supervision and shall satisfy the

requirements of the Department according to the provisions of these

regulations.

(b) The requirements specified in paragraph (a) of this

regulation shall include the following>

(i) - that the plants, plant products or other objects are not

contaminated by the harmful organisms listed in Part A of Schedule

I to these regulations, and

- in the case of the plants and plant products listed in

Part A of Schedule II to these regulations that they are not

contaminated by the relevant harmful organisms listed in that

part of the Schedule, and

- in the case of the plants, plant products and other objects

listed in Part A of Schedule IV to these regulations that they

comply with the relevant special requirements indicated in

that part of the Schedule, or, where applicable, with the option

declared in the certificate pursuant to regulation 19(e), and

(ii) that the plants, plant products or other objects are

accompanied by the respective original of the required official

phytosanitary certificate or phytosanitary certificate for re-export issued

in accordance with the provisions laid down in regulation 19, and the

respective original of the Plant Health Clearance Document.

(c) Paragraph (b) of this regulation shall apply, in cases of

plants, plant products or other objects intended for a protected zone, in

respect of harmful organisms and of special requirements listed in Part

B of Schedule I, Part B of Schedule II and Part B of Schedule IV to

these regulations respectively, for that protected zone.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) For the purposes of regulation 15(b) of these regulations

the inspectors of the department shall as a minimum carry out checks

on at least>

(i) each consignment declared, to consist of or to contain

plants, plant products or other objects, referred to in regulation

15(b) of these regulations under the respective conditions, or

(ii) in the case of a consignment which is composed of

different lots, each lot declared, to consist of, or to contain, such

plants, plant products or other objects.

The checks shall determine whether>

(i) the consignment or lot is accompanied by the required

phytosanitary certificate, and the PHCD, as specified in regulation

15(b)(ii) relating to documentary checks,

(ii) in its entirety or on one or more representative samples,

the consignment or lot consists of, or contains the plants, plant

products or other objects, as declared on the required documents

relating to identity checks, and

(iii) in its entirety or on one or more representative samples,

including the packaging and, where appropriate, the transport

vehicles, the consignment or lot or their wood packing material

comply with the requirements laid down in these regulations.

(iv) the PHCD and the official phytosanitary certificate or

phytosanitary certificate for re-export shall be in line to the general

provisions of these regulations.

The foregoing provisions of this regulation shall also apply to

plants, plant products or objects other than those referred regulation 15

of these regulations, which come from a third country and are brought

into the customs territory of Malta. These may, from the time of their

entry, be subject to supervision by the Plant Health Department, in

respect of these regulations. These plants, plant products or objects

include wood in the form of dunnage, spacers, pallets or packing

material, which are actually in use in the transport of objects of all

kinds. Where the Plant Health Department makes use of this faculty,

the plants, plant products or objects concerned shall remain under the

supervision referred to in regulation 15(a), until the relevant formalities

have been completed such as to conclude, as a result for these formalities

and as far as can be determined, that they comply with the relevant

requirements laid down in or under these regulations.

(b) The provisions of checks as specified in sub-regulation

(a) to these regulations shall not apply for the following cases>

(i) Where plants, plant products and other objects are

imported in Malta and these do not present any risk of harmful

organisms spreading in Malta are

- being directly moved from one point to another within

the Community through the territory of a third country without

any change in their customs status (internal transit), or

- being directly moved from one point to another within

one or two third countries via Malta under appropriate customs

procedure without any change in their customs status.

(ii) Without prejudice to the provisions of regulation 4 in

respect of Schedule III to these regulations, to the movement of

small quantities of plants, plant products, and other objects other

then potatoes which>

- do not show any sign of any plant infection or

infestation and there is no evident risk of harmful organism

spreading, and

- are intended for use by the owner or recipient for non-

industrial and non-commercial purposes or for consumption

during transport, and

- are constituted of

• fruit and raw vegetables which do not exceed an

aggregate weight of 2 kilograms< or

•

one bouquet of cut flowers< or

• five original retail packets, that is packets of a size

normally used to sell seeds in question to consumers for non-

commercial use, of seeds< or

• bulbs, corms, tubers or rhizomes which do not exceed

an aggregate weight of 1 kilogram< or

•

three indoor plants.

(iii) The importation into Malta of plant, plant products and

other objects for trial or scientific purposes and for work on varietal

selections which shall be conducted in accordance with the

conditions under regulation 20 of these regulations.

(c) Where it is satisfied that the requirements under

regulation 15 of these regulations have been complied with, the Director

shall issue a PHCD containing the documentís reference number, the

date and the signature of the inspector and authorised by the placing of

the official rubber stamp. After the authorisation, one copy of the PHCD

shall be forwarded to the Customs, another copy to the importer and the

third copy to be retained by the Department.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Where following the inspections and, or checks it is

found that the plants, plant products or other objects do not satisfy the

requirements established by these regulations, the Director shall

immediately take one or more of the following measures>

(i) refusal of entry into Malta of all or part of the

consignment,

(ii) movement, under official supervision, in accordance

with the appropriate customs procedure, to a destination outside

the Community,

(iii) removal of infected and#or infested produce from the

consignment,

(iv) their destruction,

(v) the imposition of a quarantine period until the results of

the examinations or official tests are available,

(vi) exceptionally and only in specific circumstances,

appropriate treatment where it is considered by the Director of

Plant Health that, as a result of the treatment, the conditions will

be fulfilled and the risk of spreading harmful organisms is obviated<

the measure of appropriate treatment may also be taken in respect

of harmful organisms not listed in Schedule I or in Part A of

Schedule II to these regulations.

(b) In the case of a refusal referred to in subparagraph a(i)

of this regulation or movement to a destination outside the

Community referred to in subparagraph a (ii) to this regulation or

of a removal referred to in subparagraph a (iii)to this regulation,

the phytosanitary certificates or the phytosanitary certificates for

re-export, and any other document which have been produced when

the plants, plant products or other objects were submitted for

introduction into Malta shall be cancelled by the Plant Health

Department. Upon cancellation, the said certificates or documents

shall bear on their face and in a prominent position a triangular

stamp in red, marked “certificate cancelled” or “document

cancelled” from the Plant Health Department, together with its

denomination and the date of refusal, of the start of the movement

to a destination outside the Community or of removal. It shall be

in capital letters, and in Maltese or English.

(c) In cases referred to in the paragraphs of this regulation,

the Department shall also inform, in no later than two working

days after the date of interception, the plant protection organisation

of the third country of origin or consignor third country, the single

central authorities of the Member States and the Commission of

all cases where plants, plant products or other objects coming from

the relevant third country have been intercepted as not complying

with the plant health requirements, and the reasons of the

interception, without prejudice to the action which Malta may take

or has taken in respect of the intercepted consignment. Notification

of interception shall be made on the form shown in Schedule IX to

these regulations.

EXPORT OF REGULATED PLANTS, PLANT PRODUCTS

AND OTHER OBJECTS

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) The Department after carrying out the necessary

inspections on plants, plant products and other objects, shall issue a

Phytosanitary Certificate or a Phytosanitary certificate for re-export for

third countries contained in Schedule X and in compliance with the

regulations of the country of destination and countries of transit.

(b) The exporter, shall notify the Department of specific

regulations on the consignment of the country of destination in due

time, so as to allow performance of the inspection. Still the inspection

shall be applied for not more than 14 days and not less than one working

day before the date of travel.

PHYTOSANITARY CERTIFICATES AND PHYTOSANITARY

CERTIFICATES FOR RE-EXPORT

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Phytosanitary certificates and phytosanitary certificates

for re-export shall be in compliance with the provisions of the

International Plant Protection Convention, hereinafter also referred to

as IPPC.

(b) The phytosanitary certificates and phytosanitary

certificates for re-export for any imported plants, plant products or other

objects shall be designated to the “Plant Health Department, Malta” .

(c) Where a phytosanitary certificate or phytosanitary for

re-export is issued in a language other than Maltese or English it shall

incorporate or be accompanied by a translation into the Maltese or

English language, which translation, if it is a document separate from

the certificate, shall be authenticated by an authorized person of the

country of origin.

(d) The certificate shall not be made out more than 14 days

before the date on which the plants, plant products or other objects left

the country of origin or consignor country.

(e) The certificates, in the case of plants, plant products or

other objects listed in Section I of Part A or Part B of Schedule IV to

these regulations, shall specify, under the heading “Additional

Declaration” the special relevant requirements listed as alternatives in

the different parts in relation thereto in the said Schedule IV that has

been complied with. This specification shall be given through reference

to the relevant number and#or letter in the said Schedule>

Provided that, where a special request cannot be fulfilled in a

consignor country, the official phytosanitary certificate may only be

issued in the relation to the said special requirements by the country of

origin.

INTRODUCTION INTO MALTA OF CERTAIN HARMFUL

ORGANISMS, PLANTS AND PLANT MATERIAL FOR

TRIAL AND SCIENTIFIC PURPOSES

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) Notwithstanding the provisions of these regulations, on Conditions for the

introduction into

request, the Department may allow importation into Malta or movement Malta of certain

and use within the country of prohibited harmful organisms, regulated harmful organisms,

plants and plant

articles and every development stage of other viable harmful organism material for trial and

listed in Schedules I to V to these regulations for trial and scientific scientific

by any scientific

purposes and for work on varietal selection (research) if the general institutions.

requirements specified in Part A of Schedule XI to these regulations

are met. In certain cases, additional conditions may be specified by the

Director.

(b) Any person requiring to enter in Malta, any plant, plant

product or other object listed in Schedules I to V to these regulations

for trial and scientific purposes and for work on varietal selection

(research) shall make an application to the Director containing the

information set out in Part B of Schedule XI to these regulations. Such

application shall contain such other information and shall be

accompanied by such other documents as the Director may require.

The Letter of Authority shall at all times be kept within the same premises

where the plant, plant product or object for which letter was issued is

being kept.

(c) In the consideration of an application received in

accordance with paragraph (b) of this regulation, the Director shall verify

that the applicant has the resources and is a fit and proper person to

satisfy the requirements in Part A of Schedule XI to these regulations.

If the Director thinks that such person satisfies the requirements aforesaid

he shall issue a Letter of Authority according to the model under

Schedule XII. The Director may subject the said letter of authority to

any condition that he may deem fit.

(d) Where during such time the Letter of Authority is in

force the Director has reason to believe that any of the conditions laid

down in Part A of Schedule XI to these regulations and the conditions

attached to the letter of Authority are no longer being complied with,

he may suspend or revoke said authority.

(e) Where a plant, plant product or other object listed in

Schedules I to V to these regulations is introduced for trial and scientific

purposes and for work on varietal selection (research), the provisions

of this regulation shall apply>

(i) In the case of movement of material originating in the

Community, where the place of origin is another Member State,

the said Letter of Authority in Schedule XII to these regulations

- shall be officially endorsed by the Member State of origin

for movement of the material under quarantine containment

conditions< and

for plant material listed in Part A of Schedule V to these

regulations, the research object shall be accompanied by the signed

Letter of Authority in Schedule XII to these regulations together

with the plant passport issued by the Plant Health Department on

the basis of inspection carried out in compliance with these

regulations, the additional declaration of which shall bear the

following statement> “ The material is moved within Malta under

regulation 20 in the Plant Quarantine Regulations”.

(ii) In the case of material listed in Part B of Schedule V to

these regulations introduced from a third country, the material shall

be accompanied by a phytosanitary certificate issued in the country

of origin, on the basis of the examination carried out pursuant to

the Plant Quarantine Regulations for compliance with the

provisions laid down therein. The certificate shall, under

“Additional declaration”, contain the following indication> “This

material is imported into Malta under regulation 20 in the Plant

Quarantine Regulations”. The relevant harmful organism or

organisms shall also be specified, where appropriate.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) In all cases the material shall be held under quarantine

containment conditions and other general conditions specified in

accordance with Part A of Schedule XI to these regulations during the

said introduction or movement, and shall be moved directly and

immediately to the site or sites specified in the application.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) The person responsible for the activities, shall notify Responsability.

immediately the Director of -

(i) any contamination of the research material by harmful

organisms listed in the Schedules of these Regulations and any

other harmful organism considered a risk to Malta by the Plant

Health Department, and

(ii) any event resulting in the escape of the abovementioned

organisms into the environment.

(b) The Plant Health Department shall check whether the

phytosanitary measures specified in this regulation are observed and

the research material and its additional objects treated (including

sterilization, disinfestations, destruction and other ordered procedures)

in compliance with Schedule XIII to these regulations and the Plant

Quarantine Regulations .

(c)

Phytosanitary restrictions may be lifted if>

(i) The research object (including pests and additional

objects), plants, plant products and other articles in contact with

the research object have been destroyed, disinfested or otherwise

treated as ordered by the Service,

(ii) The facility where research is performed has been

disinfested or otherwise treated as ordered by the Service.

(d) Any plants, plant products and other articles

contaminated with the research object or contacted with it in any way

shall be destroyed or subjected to treatment aimed at killing the pest.

ENFORCEMENT

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) It shall be the duty of the Director to ensure compliance Enforcement by

Director.

with the provisions of these regulations and for such purposes he shall

carry out such checks, verifications and inspections during such time

or times as may be necessary. 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 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.

(b) Without prejudice to the provisions of these regulations

the Director may by notice in the Gazette publish guidelines establishing

the minimum measures to be taken.

(c) Where it is established, through the official checks

carried out in accordance with this Regulation, that plants, plant products

or other objects present a risk of spreading harmful organisms, they

shall be the subject of official measures in accordance with these

regulations or any other measure that the Director may deem fit.

MISCELLANEOUS

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(a) In any of the following cases, in addition to the measures

taken in accordance to the provisions of these regulations, the Director

shall immediately notify the Commission and the Member States of

such an event>

(i) the presence in Malta of any of the harmful organisms

listed in Section I, Part A of Schedule I, and Section I Part A of

Schedule II to these regulations, or of the appearance in part of

Malta in which their presence was previously unknown of any of

the harmful organisms listed in Section II, Part A of Schedule I, or

in Part B of Schedule I or in Section II, Part A, of Schedule II, or

in Part B of Schedule II to these regulations.

(ii) the actual or suspected appearance of any harmful

organisms not listed in Schedule I or in Schedule II to these

regulations whose presence was previously unknown in Malta. It

shall also inform the Commission and the other Member States of

the protective measures which it has taken or intends to take. These

measures must, inter alia, be such as to prevent risk of the spread

of the harmful organism concerned in the territory of the other

Member States.

(iii) In the case of consignments of plants, plant products

or other objects from third countries considered to involve an

imminent danger of the introduction or spread of the harmful

organisms referred to in subparagraph a(i) and subparagraph a(ii)

of this regulation. The Plant Health Department shall also

immediately take the measures necessary to protect the territory

of the Community from that danger .

(b) Where the Plant Health Department considers that there

is an imminent danger other than that referred to in regulation 24(a), it

shall immediately notify the Commission and the other Member States

of the measures which it would like to see taken. If it considers that

these measures are not being taken in sufficient time to prevent the

introduction or spread of a harmful organism into Malta, it may

temporarily take any additional measures which it deems necessary.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

(1) The Director may, where he deems appropriate, issue Issue of guidelines.

guidelines, measures or operative procedures for the implementation

of these regulations.

(2) Without prejudice to the generality of sub-regulation

(1) of this regulation, the Director of the Plant Health Department may

by notice published in the Gazette lay down the minimum measures to

be taken to control and prevent the spread of harmful organisms.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Any person found guilty of an offence against any provision Offences.

of these regulations, shall on conviction be liable to penalties established

under the Act.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Xiphinema californicum Lamberti and Bleve-Zacheo

(b) Bacteria

1. Xylella fastidiosa (Well and Raju)

(c) Fungi

1. Ceratocystis fagacearum (Bretz) Hunt

2. Chrysomyxa arctostaphyli Dietel

3. Cronartium spp. (non-European)

4. Endocronartium spp. (non-European)

5. Guignardia laricina (Saw.) Yamamoto and Ito

6. Gymnosporangium spp. (non-European)

7. Inonotus weirii (Murril) Kotlaba and Pouzar

8. Melampsora farlowii (Arthur) Davis

9. Monilinia fructicola (Winter) Honey

10. Mycosphaerella larici-leptolepis Ito et al.

11. Mycosphaerella populorum G. E. Thompson

12. Phoma andina Turkensteen

13. Phyloosticta solitaria Ell. and Ev.

14. Septoria lycopersici Speg. var. malagutii Ciccarone and Boerema

15. Thecaphora solani Barrus

Tilletia indica Mitra

16. Trechispora brinkmannii (Bresad.) Rogers

(d) Viruses and virus-like organisms

1. Elm phlöem necrosis mycoplasm

2. Potato viruses and virus-like organisms such as

(a) Andean potato latent virus

(b) Andean potato mottle virus

(c) Arracacha virus B, oca strain

(d) Potato black ringspot virus

(e) Potato spindle tuber viroid

B

(f) Potato virus T

(g) non-European isolates of potato viruses A, M, S, V, X and Y (including Y o , Y n and Y c ) and Potato leafroll

virus

3. Tobacco ringspot virus

4. Tomato ringspot virus

5. Viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L.,

Ribes L., Rubus L. and Vitis L., such as

(a) Blueberry leaf mottle virus

(b) Cherry rasp leaf virus (American)

(c) Peach mosaic virus (American)

(d) Peach phony rickettsia

(e) Peach rosette mosaic virus

(f) Peach rosette mycoplasm

(g) Peach X-disease mycoplasm

(h) Peach yellows mycoplasm

(i) Plum line pattern virus (American)

(j) Raspberry leaf curl virus (American)

(k) Strawberry latent “C” virus

(l) Strawberry vein banding virus

(m) Strawberry witches' broom mycoplasm

(n) Non-European viruses and virus-like organisms of Cydonia Mill., Fragaria L., Malus Mill., Prunus L.,

Pyrus L., Ribes L., Rubus L. and Vitis L.

6. Viruses transmitted by Bemisia tabaci Genn., such as

(a) Bean golden mosaic virus

(b) Cowpea mild mottle virus

(c) Lettuce infectious yellows virus

(d) Pepper mild tigré virus

(e) Squash leaf curl virus

(f) Euphorbia mosaic virus

(g) Florida tomato virus

(e) Parasitic plants

1. Arceuthobium spp. (non-European)

Section II

HARMFUL ORGANISMS KNOWN TO OCCUR IN THE COMMUNITY AND RELEVANT FOR THE

ENTIRE COMMUNITY

(a) Insects, mites and nematodes, at all stages of their development

1. Globodera pallida (Stone) Behrens

2. Globodera rostochiensis (Wollenweber) Behrens

3. Heliothis armigera (Hübner)

4. Meloidogyne chitwoodi Golden et al. (all populations)

4.1.

Meloidogyne fallax Karssen

5. Opogona sacchari (Bojer)

6. Popilia japonica Newman

6.1.

Rhizoecus hibisci Kawai and Takagi

7. Spodoptera littoralis (Boisduval)

(b) Bacteria

1. Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus (Spieckermann and Kotthoff) Davis

et al.

2. Pseudomonas solanacearum (Smith) Smith

(c) Fungi

1. Melampsora medusae Thümen

2. Synchytrium endobioticum (Schilbersky) Percival

(d) Viruses and virus-like organisms

1. Apple proliferation mycoplasm

2. Apricot chlorotic leafroll mycoplasm

3. Pear decline mycoplasm

PART B

HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND WHOSE SPREAD WITHIN,

CERTAIN PROTECTED ZONES SHALL BE BANNED

(a) Insects, mites and nematodes, at all stages of their development

Species

Protected zone(s)

1. Bemisia tabaci Genn. (European populations)

IRL, P (Entre Douro e Minho, Trás-os-Montes, Beira

Litoral, Beira Interior, Ribatejo e Oeste, Alentejo,

Madeira and Azores), UK, S, FI

2. Globodera pallida (Stone) Behrens

FI

3. Leptinotarsa decemlineata Say

E (Ibiza and Menorca) IRL, P (Azores and Madeira),

FI (the districts of Åland, Häme, Kymi, Pirkanmaa,

Satakunta,

Turku, Uusimaa), S (countries of Blekinge, Gotlands,

Halland, Kalmar and Skåne), UK

4. Liriomyza bryoniae (Kaltenbach)

IRL and UK (Northern Ireland)

(b) Viruses and virus-like organisms

Species

Protected zone(s)

1. Beet necrotic yellow vein virus

DK, F (Britanny),FI, IRL, P (Azores), S (with the

exception of the District Council areas of Bromölla,

Hässleholm, Kristianstad and Östra Göinge in the

county of Skåne), UK (Northern Ireland)

2. Tomato spotted wilt virus

S, FI

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Seeds of Gossypium

Official statement that

EL

spp.

(a) the seed has been acid-delinted,

and

(b) no symptoms of Glomerella gossypii

Edgerton have been observed at the

place of production since the beginning

of the last complete cycle of vegetation,

and that a representative sample has

been tested and has been found free

from Glomerella gossypii Edgerton in

those tests.

28.1. Seeds of Gossypium

Official statement that the seed has been

EL, E (Andalucia, Catalonia, Extremadura, Murcia,

spp.

acid-delinted.

Valencia)

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Seeds of Mangifera

Official statement that the seeds

E (Granada and Malaga), P (Alentejo, Algarve and

spp.

originate in areas known to be free from

Madeira)

Sternochetus mangiferae Fabricius.

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Used agricultural

(a) The machinery shall be cleaned and

DK, F (Britanny), FI, IRL, P (Azores), S (with the

machinery

free from soil and plant debris when

exception of the District Council areas of Bromölla,

brought in on places of production

Hässleholm, Kristianstad and Östra Göinge in the county

where beets are grown,

of Skåne), UK (Northern Ireland)

or

(b) the machinery shall come from an

area where BNYVV is known not to

occur

Malta Government Gazette — Legal Notice 2004 97 — Plant Quarantine (Harmful Organisms) Regulations, 2004

Fruits of Citrus L.,

Without prejudice to the requirements

EL, F (Corsica), I, P

Fortunella Swingle,

applicable to the fruit in Schedule

Poncirus Raf., and their

IV(A)(II)(30.1)

hybrids originating in E

(a) the fruits shall be free from leaves

and F (except Corsica)

and peduncles; or

(b) in the case of fruits with leaves or

peduncles, official statement that the

fruits are packed in closed containers

which have been officially sealed and

shall remain sealed during their

transport through a protected zone,

recognised for these fruits, and shall

bear a distinguishing mark to be

reported on the passport.

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