into the European Community Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,717, 1 ta’ Frar, 2005

L.N. 34 of 2005

PLANT QUARANTINE ACT, 2001

(ACT NO. XVII OF 2001)

Identity and Plant Health Checks of Plants, Plant Products or

other Objects carried out at a place other than point of entry

into the European Community Regulations, 2005

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

Quarantine Act, 2001, the Minister for Rural Affairs and the

Environment has made the following regulations>-

(1) The title of these regulations is the Identity and Plant Title and scope.

Health Checks of Plants, Plant Products or other Objects carried out at

a place other than point of entry into the European Community

Regulations, 2005.

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

provisions found in European Commission Directive 2004#103#EC on

the identity and plant health checks of plants, plant products or other

objects, listed in Part B of Annex V to Council Directive 2000#29#EC,

which may be carried out at a place other than the point of entry into the

Community or at a place close by and specifying the conditions related

to these checks>

Provided that Directive 2000#29# EC has been transposed

under the Plant Quarantine (Harmful Organisms) Regulations,

Legal Notice 97 of 2004.

Plant health movement 2. PLANT HEALTH MOVEMENT DOCUMENT NO. EC. /…/… 1

1. document as referred to in Article

1(3)(c) of Commission Directive

2004/103

3 Identification of consignment 2 – This consignment contains produce of phytosanitary relevance

Plant, plant product or other object (TARIC code): ………………………………………………………….

Reference number(s) of required phytosanitary documentation

Country of issue: ………………………………………………………………………………………..

Date of issue: ……………………………………………………………………………………….

Distinguishing mark(s), numbers, number of packages, amount (weights/ units) ……………………………

Reference number of required customs documentation:……………………..................................................

4. Official registration number of importer: ………………………………………………………………….

I, the undersigned importer, hereby request the responsible official body to carry out the official identity checks

and plant health checks of the abovementioned plants, plant products or other objects at the approved place of

inspection listed below and I undertake to respect the rules and procedures set by the official responsible body.

Date, name and signature of importer…………………………………………………………………….

5.1 Point of entry

5.2 Countersigning by official body of point of entry (date, name, service

stamp and signature)

………………………………………………………………………………..

6. Approved places of inspection 3

A. ………………………………………………..

B (replaces A) ……………………………………….

………………………………………………

………………………………………………………

The plants, plant products or other objects are moved to the abovementioned place(s) of inspection in accordance

with the agreement concluded between 4

…………………………………………………………………………………………………………….

This consignment may not be moved to places other than those listed above unless this has been officially

approved.

7. Documentary check

(1) These regulations shall apply to plants, plant products Applicability of

or other objects coming from third countries, listed in Part B of Annex regulations.

V to Directive 2000#29#EC (hereinafter referred to as ‘products

concerned’). In the cases and circumstances defined by this Directive,

Member States may lay down that those inspections referred to in Article

13a (1)(b)(ii) and (iii) of Directive 2000#29#EC on the products

concerned may be carried out at another place. In the case of transit of

non- Community goods referred to in Article 13c(2)(c) of Directive

2000#29#EC, the inspection may take place at the premises of the official

body of destination, or at any place close by, when the conditions referred

to in sub-regulation (2) are met. In cases referred to in Article 13c (2)

(d) of Directive 2000#29#EC, the inspection may take place at the place

of destination such as place of production, when the conditions referred

to in sub-regulation (2) are met.

(2) The conditions referred to in sub-regulation (1) shall

(a) when the official bodies of the point of entry and of

destination, decide, where appropriate by agreement between the

responsible official bodies of the Member States, that identity

checks and plant health checks (hereinafter referred to as ‘checks’)

could more meticulously be carried out at a place other than the

point of entry into the Community or at a place close by, and

(b) when any importer or other person responsible for the

places or the premises where the checks are to be carried out

(hereinafter referred to as ‘the applicant’) of a consignment

composed of the products concerned has the approval, through an

approval procedure defined in regulation 3(2) for checks to be

carried out at ‘an approved place of inspection’ which is either>

(i) in the case of transit of non-Community goods

referred to in Article 13c(2)(c) of Directive 2000#29#EC, at –

(A) the premises of the official body of

destination, or

(B) a place close by those premises and

designated or approved by the customs authorities and

by the responsible official body, or

(ii) in the cases referred to in Article 13c(2)(d) of

Directive 2000#29#EC, at a place of destination approved by

the official body and the customs authorities responsible for

the area where that place of destination is located, and

(c) when specific guarantees and documents as regards the

transport of a consignment composed of the products concerned

(hereinafter referred to as ‘the consignment’), to the approved place

of inspection are met, and, where appropriate, minimum conditions

concerning the storage of these products on these places of

inspection are fulfilled.

(3) The specific guarantees, documents and minimum

conditions referred to in sub-regulation 2(c) shall be>

(a) the packaging of the consignment or the means of

transport used for this consignment shall be closed or sealed in

such a way that the products concerned cannot cause infestation

or infection during their transport to the approved place of

inspection and will be such that their identity will remain

unchanged. In duly reasoned cases the relevant official bodies of

the Member States may allow consignments which are not closed

or sealed, provided that the products concerned cannot cause

infestation or infection during their transport to the approved place

of inspection<

(b) the consignment shall be sent to the approved place of

inspection. No change of the place of inspection is allowed, except

following approval by the relevant official bodies of the point of

entry and of the requested destination, and the customs authorities

responsible for the area where the requested place of inspection is

located<

(c) the consignment shall be accompanied by a ‘Plant health

movement document’, prescribed in Article 13(1) of Directive

2000#29#EC, and contain the required information in accordance

with the model in the Schedule to these regulations< the document

shall be completed by typing or in handwritten legible capital letters

or by electronic means in agreement with the relevant official bodies

of point of entry and of destination and shall be in at least one of

the official languages of the Community<

(d) the relevant headings of the document referred to in sub-

regulation 3(c) shall be filled in and signed by the importer of the

consignment under the supervision of the relevant official body of

point of entry<

(e) in the cases referred to in sub-regulation 2(b) (i) (A),

the storage of the consignment at the approved place of inspection

shall be such that it is separated from both Community goods and

from consignments infested or suspected to be infested by harmful

organisms.

(1) The competent authority shall ensure that an approval Approval

procedure.

procedure be established as specified in sub-regulations (2), (3) and (4)

of this regulation to evaluate, and where appropriate to approve, the

suitability in phytosanitary terms, of carrying out checks at places

proposed as approved places of inspection.

(2) The procedure referred to in sub-regulation (1) shall

indicate that, if the checks are to be carried out at approved places of

inspection, any applicant shall apply to the responsible official bodies

in charge of carrying out such checks, requesting that checks be carried

out at places mentioned in the request.

(3) The application shall include a technical dossier

supplying the information necessary for evaluating the suitability of

proposed places as an approved place of inspection, and covering, in

particular>

(a) information relating to the products concerned intended

to be imported and the places in which the imported products

concerned will be stored or kept awaiting the final results of the

checks, and in particular how separation referred to in regulation

2(3)(e) is to be secured, and

(b) where appropriate, when the products concerned are

intended for a person to whom the status of ‘authorised consignee’

was granted and fulfil the conditions laid down in Article 406 of

Commission Regulation (EEC) No 2454#93 or when the places

concerned are subject to an authorisation as referred to in Article

497 of the said Regulation, relevant evidence thereof.

(4) Member States shall ensure that the application referred

to in sub-regulation (2) shall be recorded and that the responsible official

bodies shall>

(a)

examine the information supplied in the application<

(b) evaluate the suitability for carrying out checks at the

proposed places of inspection, which should fulfil minimum

requirements which are at least those laid down in paragraph 3(b)

and (c) of the Annex to Commission Directive 98#22#EC, or any

further requirements which the Member States may impose in a

non-discriminatory manner and which are justified in order to allow

efficient inspections<

(c)

respond to the applicant by either>

(i) indicating that the application is acceptable and that

the places concerned are designated as approved place of

inspection, or

(ii) indicating that the application is not acceptable and

the reason therefore.

(5) The competent authority shall keep and make available

to the Commission and to the Member States on request, the updated

list of the approved places of inspection.

(6) Member States shall ensure that the responsible official

bodies shall take the necessary measures if it is found that there are

elements which would militate against the proper functioning of carrying

out checks at the approved places of inspection situated in their territory.

Member States shall notify the Commission and the Member States

concerned of all significant cases of non-compliance with the conditions

which apply to an approved place of inspection.

The competent authority shall ensure that the importer of the Obligations of

importer.

consignments for which it was decided that checks of these consignments

may be carried out at an approved place of inspection, shall be subject

to the following obligations, without prejudice to those already laid

down in Commission Directive 92#90#EEC>

(a) the importer shall notify the introduction of the products

concerned sufficiently in advance to the relevant official body of

destination, which notification shall contain in particular>

(i) the name, address and the location of the approved

place of inspection<

(ii) the scheduled date and time of arrival at the

approved place of inspection of the products concerned<

(iii) if available, the individual serial number of the

plant health movement document referred to in regulation

2(3)(c)<

(iv) if available, the date and place at which the plant

health movement document referred to in regulation 2(3)(c)

was drawn up<

(v) the name, the address and the official registration

number of the importer<

(vi) the reference number of the phytosanitary

certificate and#or phytosanitary certificate for re-export, or

any other required phytosanitary document<

(b) the importer shall notify to the relevant official body of

destination any changes as regards the information supplied

pursuant to paragraph (a) hereof.

The competent authority shall ensure that the checks of the

products concerned carried out at the approved place of inspection satisfy

minimum conditions which are at least those laid down in paragraphs

1, 2 and 3(a) of the Annex to Directive 98#22#EC, or any further

requirements which the Member States may impose in a non-

discriminatory manner and which are justified in order to allow efficient

inspections.

The competent authority may lay down additional requirements

deemed necessary to designate a proposed place as an approved place

of inspection.

Co-operation to be

(1)

Malta shall ensure cooperation, where applicable,

between>

(a) the official body of point of entry and the official body

of destination<

(b) the official body of point of entry and the customs office

of point of entry<

(c) the official body of destination and the customs office

of destination<

(d) the official body of point of entry and the customs office

of destination by means of exchange of relevant information on

the plants, plant products or other objects intended to be imported,

their packaging and means of transport in written or electronic

form using the Plant health movement document referred to in

sub-regulation 2(3)(c).

(2) If the point of entry into Malta of the products concerned

and the approved place of inspection are situated in different Member

States, the consignment may be sent to and the checks may be carried

out at an approved place of inspection on the basis of an agreement

between the responsible official bodies of the Member States concerned.

Evidence of the agreement between the responsible official bodies of

the Member States concerned shall be recorded on the Plant health

movement document.

(3) After the products have been inspected at the approved

place of inspection, the official body of destination shall certify on the

Plant health movement document, using a service stamp and a date,

that the relevant identity and plant health checks referred to in Article

13a(1)(b)(ii) and (iii) of Directive 2000#29#EC have been carried out.

The final outcome of these checks shall be shown in the box headed

‘Decision’. This provision applies, mutatis mutandis, if the documentary

checks referred to in Article 13c (2) (a) of Directive 2000#29#EC have

also been complied with.

(4) If the outcome of the checks referred to in sub-regulation

(3) is ‘Release’, the consignment and the accompanying Plant health

movement document shall be presented to the customs authorities

responsible for the area of the ‘approved place of inspection’ enabling

the consignment to be placed under the relevant customs procedure

referred to in Article 13(1) of Directive 2000#29#EC. The Plant health

movement document shall no longer be required to accompany the

consignment and this document or a copy thereof shall be kept for at

least one year by the official body of point of destination.

(5) If the outcome of the checks referred to in sub-regulation

(3) leads to the obligation to move the products concerned within the

Community to a destination outside the Community, such products shall

remain under Customs supervision until the re-export of the products

has taken place.

Identity check

Plant health check

Place/date

Place/date

Place/date

Name

Name

Name

Service stamp/signature

Service stamp/signature

Service stamp/signature

Make reference to country code/number.

Fill in box or make reference to information on Phytosanitary certificate which must be attached.

Make reference to ‘C’ (Article 13c(2) (c) of Directive 2000/29/EC or ‘D’ (Article 13c(2) 9 (d) of

Directive 2000/29/EC).

When appropriate, give details on agreement between Member States’ official services, either on a case-

by-case agreement or on the basis of a longer-term agreement.

B

Place/date: ……………………………………………………………..

Name:…………………………………………………………………..

Service/ stamp/signature ……………………………………………..

Indicate EC plant passport (serial or week or batch) number where appropriate: …………………………..

Destruction

Movement outside the Community

Quarantine period

Removal of infected/infested produce

Appropriate treatment

Remark: …………………………………………………………………………………………………

………………………………………………………………………………………………………….