Plant Quarantine (National Certification Scheme) Regulations,

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,768, 17 ta’ Mejju, 2005

L.N. 138 of 2005

PLANT QUARANTINE ACT, 2001

(ACT NO. XVIII OF 2001)

Plant Quarantine (National Certification Scheme) Regulations,

IN exercise of the powers conferred by article 5 of the Plant

Quarantine Act, the Minister for Rural Affairs and the Environment

has made the following regulations>-

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

commencement.

Certification Scheme) Regulations, 2005 and they shall come into force

on the 23rd May, 2005.

(1) In the implementation of these regulations, the provisions Scope and

applicability.

of the following regulations and their amendments shall also be taken

into account>

Plant Quarantine (Harmful Organisms) Regulations, 2004<

L.N. 97 of 2004.

Vegetable Propagation and Planting Material Regulations, L.N. 277 of 2004.

2004<

L.N. 271 of 2004.

Fruit Trees Propagation Material Regulations, 2004<

Propagation Material of Vines Regulations, 2004<

L.N. 470 of 2004.

Propagation Material of Ornamental Plants Regulations, 2004. L.N. 275 of 2004.

(2) The scope of these regulations is to make provisions with

regards to certification in order to>

(a) regulate the production, marketing and control of

propagation material of vegetables (excluding seeds), fruit trees,

vines and ornamental plants, and

(b) improve the sanitary and the pomological qualities of

propagation material of vegetables (excluding seeds), fruit trees,

vines and ornamental plants and other reproductive vegetative

species.

Establishment of the

There shall be established a National Certification Service with

the aim to regulate the certification of the various vegetatively-

propagated species. This National Certification Service is made up of

the Plant Health Service and the Seeds and other Propagation Material

Unit.

The Plant Health Department shall be the Certifying Authority

acting on the basis of recommendations of the Plant Protection Board

referred to in article 4 of the Plant Quarantine Act, which in turn takes

the advice of the Scientific and Technical Committee (hereinafter

referred to as the Committee) as referred to in regulation 5 of these

regulations.

(1) The Committee is made up of>

(a) two representatives of the Minister responsible for

agriculture, hereinafter referred to as “the Minister”<

(b) two qualified persons knowledgeable in plant pathology<

(c) two persons experienced in pomology (in the case of

vines, these persons have to be from the Viticulture and Oenology

Unit)<

(d) a representative of local producers and, or growers<

(e)

a representative of the nurserymen.

(2) All members of the above mentioned Committee shall

be registered in an official register.

(3) The Committee may, for specialised subjects, rely on

national and international experts.

(4) The Minister appoints the Committee which shall serve

for a period of five years. The members of the Committee shall be

entitled to an honorarium at the discretion of the Minister.

(5) The tasks of the Committee are>

(a) to set up guidelines for the certification of the various

vegetatively-propagated species<

(b) to submit to the Plant Protection Board the requests

received from establishments to be recognised as centres for

conservation, pre-multiplication and multiplication<

(c) to define the necessary schedules for the certification

processes<

(d) to formulate the technical protocols for each species or

group of species which are then published in the Gazette<

(e) to verify that the propagated variety admitted for

certification has already been included in the National Catalogue

of Certified Varieties<

(f) to submit the propagation material from the repositories,

foundation blocks, mother blocks or in vitro laboratories located

abroad to the National Certification Service< and

(g) to monitor the activity of the National Certification

Service.

(1) The inspections and the controls during the certification Inspections and

controls.

phases are carried out by the National Certification Service.

(2) The National Certification Service is responsible for the

verification of>

(a) the suitability of the facilities and the plots employed

for growing mother plants and for the production of certified

material, according to the technical protocols established for each

species or group of species<

(b) the sanitary status of the mother plants and propagation

material during each certification phase according to the technical

protocols established for each species or group of species<

(c) true-to-type controls of the mother plants during each

certification phase according to the technical protocols set up by

the Committee as established for each species or group of species.

(3) The activities referred to in sub-regulation (2) may be

carried out in collaboration with other scientific institutions.

(4) Every year, the National Certification Service shall

report to the Committee, the activities that have been carried out with

regards to inspections and information data relating to the certified

material according to the species, category and sanitary status.

Certification shall be organised as follows>

(a)

conservation for pre-multiplication<

(b) pre-multiplication< and

(c) multiplication.

Propagation material (seeds, buds, bulbs, cuttings, rhizomes,

rootstocks, in vitro cultures, etc at different stages of development,

grafted trees and self-rooted plants) is classified in the following

categories>

(a) primary source> the material of origin produced by the

breeder and kept by the breeder or by the successor of such breeder<

(b) pre-basic> material produced from the first multiplication

of the primary source and grown in the repository. At least two

mother plants must be maintained for each variety<

(c) basic> material produced from the first multiplication of

pre-basic material. The material is grown in the foundation block

and used for the establishment of mother blocks. At least two

specimens shall be kept for each variety<

(d) certified> material produced from the first multiplication

of the basic material from mother blocks to be utilised for the

commercial production of certified material. At least two specimens

shall be maintained for each variety.

(1) The acquisition of the primary source involves the

pomological and sanitary selection and, if necessary, the sanitation of

ecotypes of Maltese cultivars or those grown in the country for a long

period of time. These activities are carried out by the national scientific

institutions. Foreign scientific institutions may also collaborate, if need

be, upon approval of the Plant Protection Board based on the advice of

the Committee.

(2) For the registration procedure, the breeder must>

(a)

keep the primary source under healthy conditions<

(b) submit to the National Certification Service, the

appropriate application form with>

(i) an authentic copy of the plant variety right in the

case of protected varieties<

(ii) a data sheet of the varietal characteristics<

(iii) documents regarding the health status with respect

to the diseases indicated in the technical protocols for the

relevant species or group of species<

(iv) in the case of unprotected varieties, a declaration

stating that the variety can be multiplied freely<

(v) in case the registration is accepted, the breeder shall

provide two specimens of the primary source to the centre of

conservation for pre-multiplication (repository).

(3) The primary sources submitted for certification shall be

reported in the National Catalogue of Certified Varieties.

(4) In the case of new cultivars and, or selections, the breeder

must declare, under his responsibility, the origin of the material, for

such breeder to be authorised to introduce such material in the various

phases of certification.

(1) The phase of conservation for pre-multiplication is Conservation for

pre-multiplication>

carried out in the repository. It can be either governmental, or if privately functions, material

owned, it shall be recognised by the Minister upon the proposal of the and location.

Plant Protection Board based on the advice of the Committee.

(2)

The phase of conservation for pre-multiplication

consists of>

(a) the conservation of at least two specimens of the primary

source under healthy conditions<

(b) the production in vivo and, or in vitro of pre-basic

material under healthy conditions.

(3) To be recognised by the Minister, the repository must >

(a) submit to the National Certification Service an

appropriate application for the recognition of the centre<

(b) have adequate facilities for the conservation of the pre-

basic material according to the technical protocols established for

every species or group of species< and

(c) have a responsible person with appropriate qualifications

and having the necessary skills.

(4) The pre-basic propagation material must undergo>

(a) sanitary controls by the Plant Health Service according

to the technical protocols issued for every species or group of

species<

(b) true-to-type controls by the Seeds and other Propagation

Material Unit according to the technical protocols established for

every species or group of species.

(5) Grafted or self-rooted plants will be certified as pre-

basic plants after they have taken root and have been inspected.

(6) The pre-basic material may originate from repositories

located abroad upon the approval of the Committee.

(1) The pre-multiplication phase is carried out in a

foundation block. This can be either governmental or, if privately owned,

it has to be recognised by the Minister upon the proposal of the Plant

Protection Board based on the advice of the Committee.

(2) The pre-multiplication phase consists of>

(a) the conservation of plants of the basic category according

to the technical protocols concerning each species or group of

species<

(b) the production in vivo and, or in vitro of plants of the

basic category by grafting or self-rooting according to the technical

protocols established for each species or group of species.

(3) To be recognised by the Minister, the pre-multiplication

centre must>

(a) submit to the National Certification Service an

appropriate application for the recognition of the centre<

(b) have adequate facilities for the conservation of pre-basic

material according to the technical protocols established for every

species or group of species< and

(c) have a responsible person with appropriate qualifications

and having the necessary skills.

(4) The pre-basic plants will be certified after verifying that

grafted plants or self-rooted plants have taken root.

(5) The basic material may originate from foundation blocks

located abroad upon the approval of the Committee.

(6) In particular cases, upon the approval of the Committee,

plants produced directly from the primary source can be used to establish

the foundation block. In this case, the breeder must submit a document

regarding the origin of the plants to the National Certification Service.

(7) To satisfy certain particular necessities, in vitro

propagation or other rapid propagation techniques may be applied to

speed up the propagation of the basic material, upon the approval of the

Committee and according to the technical protocols established for every

species or group of species.

(1) The multiplication phase is carried out in the Multiplication>

functions, material

multiplication centres which include mother blocks or in vitro and location.

laboratories and nurseries. These can be either governmental, or if

privately owned, these have to be recognised by the Minister upon the

proposal of the Plant Protection Board based on the advice of the

Committee.

(2) The multiplication phase consists of>

(a) growing of certified mother plants in compliance with

the technical protocols established for each species or group of

species<

(b) in vitro multiplication of certified material in compliance

with the technical rules for each species or group of species<

(c) production of propagation material which has been

certified.

(3) The mother blocks and the in vitro laboratories must

meet the requirements included in the technical protocols established

for each species or group of species.

(4) To be approved by the Minister, the multiplication centre

shall>

(a) submit to the National Certification Service an

appropriate application for the recognition of the centre<

(b) have plots and facilities in compliance with the protocols

for each plant species or group of species< and

(c) have a responsible person with appropriate qualifications

and having the necessary skills.

(5) To satisfy certain particular necessities, in vitro

propagation or other rapid propagation techniques may be applied to

speed up the propagation of the basic material, upon the approval of the

Plant Protection Board based on the advice of the Committee and

according to the technical protocols established for every species or

group of species.

(6) In particular cases, upon the approval of the Plant

Protection Board based on the advice of the Committee, plants produced

directly from the primary source or from pre-basic plants can be used

to establish the foundation block. In the first case, the breeder must

submit a document regarding the origin of the plants to the National

Certification Service.

(1) The phase concerning nursery activity is carried out

under the responsibility of the nurserymen.

(2) It consists of the production of plant material (rootstocks,

grafted plants, self-rooted plants, etc) which has been certified and is in

compliance with the protocols for each plant species or group of species.

(3) The plants (grafted or self-rooted) that are present at

the nurseries will be certified after they have taken root and after fulfilling

the conditions of certification during inspections. The National

Certification Service will then release the official certificates in terms

of regulation 16.

For the categories referred in regulation 8, two sanitary status

are envisaged>

(a) virus-free (v.f)> refers to material free from all viruses,

viroids, phytoplasmas and systemic pathogens known at the

moment of the official publication of the protocols concerning the

certification of virus-free material<

(b) virus-tested (v.t)> refers to material free from certain

serious viruses, viroids, phytoplasmas and systemic pathogens

specifically mentioned in the certification protocols and stated in

the official certificates in terms of regulation 16.

In the case of plants grafted with plant material of a different

health status, the final product shall be certified as the lowest state,

that is, virus-tested.

(1) Propagation material shall be certified for the persons Certification of

propagation

or their representatives authorised to operate a nursery, in compliance material in the

with the laws in force, where they declare that they utilise the multiplied nursery.

plant material offered by the National Certification Service, in

accordance with the requirements specified in the technical protocols

for each species or group of species.

(2) The certified plants that are free from harmful organisms L.N. 97 of 2004.

indicated in the Plant Quarantine (Harmful Organisms) Regulations,

2004 and its amendments and that are in conformity with the regulations

referred to in sub-regulation 2(1), shall be accompanied by official

certificates in terms of regulation 16.

(3) The persons or their representatives as well as the

institutions, agencies and inspectors shall undergo inspections and shall

be requested to supply to the National Certification Service and to the

Plant Protection Board, all the necessary information to verify the proper

functioning of their activities.

In respect of the rules concerning certification, official Official certificates.

certificates in the form of labels as approved by the National Certification

Service have to accompany the certified propagation material.

(1) In derogation to these regulations, plant material from Transitory rules.

any Member State may be submitted to the national certification scheme.

(2) The propagation material should be introduced in the

following circumstances>

(a)

the rapid activation of the certification system in Malta<

(b) inclusion of new cultivars in the Maltese-certification

system<

(c) counteraction to particular necessities that might arise

within the context of the certification system.

(3) The introduction of propagation material shall be

permitted from time to time upon the advice of the Committee.

(4) Alternatively, propagation material produced from

mother plants derived from propagation material obtained from a

certification system of another Member State may be certified

accordingly.

(5) The establishments, to be recognised, must undergo

checks according to the protocols of certification of the respective

Member State on the advice of the Committee.

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