Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,778, 10 ta’ :unju, 2005

L.N. 196 of 2005

PLANT QUARANTINE ACT, 2001

(ACT NO. XVII OF 2001)

Standardization and Issue Procedures of Plant Passports

Regulations, 2005

IN exercise of the powers conferred by article 32 of the Plant

Quarantine Act, the Minister for Rural Affairs and the Enviroment has

made the following regulations>-

(1) These regulations shall be known as Standardization and Title and scope.

Issue Procdures of Plant Passports Regulations, 2005.

(2) The scope of these regulations is to transpose the

provisions found in European Union Directive 1992#105#EEC, as

amended by Directive 2005#17, on the establishment of a degree of

standardisation for plant passports to be used for the movement of certain

plants, plant products or other objects within the Community, and

establishing the detailed procedures related to the issuing of such plant

passports and the conditions and detailed procedures for their

replacement.

Interpretation.

For the purposes of these regulations –

REQUIRED INFORMATION

1. “EC plant passport” (for a transitional period expiring on 1 January 2006, the

wording “EEC plant passport” may be used)

2. Indication of EC Member State code.

3. Indication of responsible official body or its distinguishing code.

4. Registration number.

5. Individual serial, or week or batch number.

6. Botanical name.

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.

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

“accompanying document” shall mean any document which

is normally used for trade purposes. This document shall not be

necessary if the required information as laid down in the Schedule

is set out on the said label>

“the 2004 regulations” means the Plant Quarantine (Harmful

Organisms) Regulations, 2004>

(1) The Director shall ensure that the conditions laid down Conditions to be

in sub-regulation (2) are met when a plant passport referred to in met.

regulation 8 of the 2004 regulations is prepared by their responsible

official bodies for use in accordance with the provisions of regulations

4 and 5 of these regulations.

(2) The following conditions shall be met>

(a) the plant passport shall consist of an official label and

an accompanying document containing the required information

as laid down in the Schedule hereto. The label shall not have

previously been used and shall be of suitable material. The use of

official adhesive labels shall be authorized.

(b) the required information shall preferably be printed and

shall be in the Maltese or English languages>

(c) in the case of tubers of Solanum tuberosum L. intended

for planting, as listed in point 18.1 of Section II of Part A of

Schedule IV to the 2004 regulations, the official label defined in

Annex III to Council Directive 2002#56#EC may be used in place

of a plant passport provided that the label provides evidence that

the requirements referred to in regulation 8(c) of the 2004

Regulations are complied with > after the 31 st of December 2005,

this label must indicate the words “EC plant passport”> compliance

with the provisions governing the introduction of tubers of Solanum

tuberosum L., intended for planting into, and their movement

within, a protected zone recognised in respect of harmful organisms

relating to those tubers, shall be noted either on the label or on any

other trade document.

(d) in the case of seeds of Helianthus annuus L., listed in

point 26 of Section II of Part A of Schedule IV to the 2004

regulations, the official label defined in Annex IV to Council

Directive 2002#57#EC may be used in place of a plant passport

provided that the label provides evidence that the requirements

referred to in Article 6(4) of Directive 2000#29#EC are complied

with. After the 31 st of August 2005, this label must indicate the

words “EC plant passport”.

(e) in the case of seeds of Lycopersicon lycopersicum (L.)

Karsten ex Farw. and Phaseolus L., listed in points 27 and 29 of

Section II of Part A of Schedule IV to the 2004 regulations, the

official label defined in Annex IV A to Council Directive

2002#55#EC may be used in place of a plant passport provided that

the label provides evidence that the seeds be officially examined

in order to comply with the provisions of Schedule IV to The 2004

Regulations. After the 31 st of August 2005, this label must indicate

the words “EC plant passport”.

(f) in the case of seeds of Medicago sativa L., listed in points

1 and 28.2 of Section II of Part A of Schedule IV to the 2004

regulations, the official label defined in Schedule V to the Seeds

of Agricultural Plants and Vegetable Regulations, 2004, may be

used in place of a plant passport provided that the label provides

evidence that the requirements referred to in Schedule IV to the

2004 Regulations are complied with >after the 31 st of August 2005,

this label must indicate the words “EC plant passport”.

(3) The Director shall require that when the plant passport

consists of the label and the accompanying document>

(a) the part of the plant passport consisting of the label shall

provide at least the particulars required under points 1 to 5 of the

Schedule> and

(b) the part of the plant passport consisting of the

accompanying document shall provide at least the particulars

required under items 1 to 10 of the Schedule.

4. (1) The Director shall ensure that the conditions laid down Production, printing

and storage of plant

in sub-regulation (2) hereof are met when a plant passport is produced, passports.

printed and stored.

(2) The plant passport shall be produced, printed and, or,

subsequently stored either by the responsible official bodies referred to

in regulation 3 (1) directly, or , under their control, by the producer, or

person , or importer .

5. (1) The Director shall ensure that the conditions laid down Issuing of plant

passports.

in sub-regulation (2) are met when a plant passport is issued and attached

to plants, plant products or other objects, to their packaging or to the

vehicles transporting them.

The issuing includes the preparation of the passport, in particular

the filling-in of the information, and the action necessary to make the

plant passport available for use by the applicant.

(2) For the purpose of sub-regulation (1), the responsible

official bodies referred to in regulation 2 shall, without prejudice to the

requirements laid down in The 2004 regulations>

(a) ensure that the producer, person or importer referred to

in regulation 3 (2) applies to them for the issuance of a plant

passport, or for the replacement of a plant passport>

(b) determine, where appropriate, on the basis of inspections

as provided for in regulation 5 (c) and (d) of the 2004 regulations

and carried out in accordance with regulation 8 of the 2004

regulations or on the basis of the requirements laid down in Article

10 (3) or 12 (6) of the 2004 regulations, the restrictions applicable

to the plants, plant products or other objects, and accordingly the

territorial validity of the plant passport, or determine the

replacement of the said plant passport, as well as the information

to be filled in.

If the producer, person or importer referred to in regulation 3 (2)

intends to dispatch a plant, plant product or other object into a protected

zone for which he does not have a valid plant passport, the said

responsible official bodies shall take the necessary steps and determine

accordingly whether the product is qualified for the relevant protected

zone. The said responsible official bodies shall ensure that the producer,

person or importer shall notify the abovementioned intention to them

within a reasonable period of time prior to dispatch and shall apply

simultaneously for the corresponding plant passport>

(c) ensure that the information is filled in, either entirely in

capital letters if the plant passport is pre-printed, or in capital letters

or entirely in typescript in all other cases. The botanical name of

the plants or plant products shall be indicated in Latin characters>

uncertified alterations or erasures shall invalidate the said plant

passport>

(d) ensure that if a plant, plant product or other object has

received the qualification by them for a specific protected zone or

zones, the code for the protected zone or zones shall be indicated

on the plant passport, against the distinctive marking “ZP” (zona

protecta) indicating that the said plant passport covers a plant, plant

product or other object qualified for a protected zone or zones>

(e) ensure that if a plant passport is to be delivered for a

plant, plant product or other object originating outside the

Community, the plant passport shall be used, with the indication

of the name of the country of origin or, where appropriate, the

consignor country on the said plant passport>

(f) ensure that if a plant passport is to be replaced by another

plant passport, the plant passport referred to in regulation 2 (1)

shall be used> the code for the originally registered producer or

importer shall be indicated on the said plant passport, against the

distinctive marking “RP” (“replacement passport”) indicating that

the said plant passport replaces another plant passport>

(g) depending on where the said plant passport is physically

stored, either deliver the said plant passport, or authorize the

producer, person or importer referred to in regulation 3 (2) to use

it accordingly>

(h) ensure that the part of the said plant passport consisting

of the label be attached under the responsibility of the producer,

person or importer referred to in regulation 4 (2), to the plants,

plant products or other objects, to their packaging or to the vehicles

transporting them in such a manner that it cannot be reused.

6. The system whereby the labels referred to in regulation 3(1) Review of system.

are used shall be reviewed by the 31 st of December, 2006.