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Regulations, 2005

13 Articles / Provisions · Malta
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Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,723, 11 ta’ Frar, 2005

L.N. 42 of 2005

PLANT QUARANTINE ACT, 2001

( ACT NO. XVII of 2001)

Plant Quarantine (Harmful Organisms) (Amendment)

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>

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

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

(Harmful Organisms) (Amendment) Regulations, 2005 and they shall

be read and construed as one with the Plant Quarantine (Harmful

Organisms) Regulations, 2004, hereinafter referred to as “the principal L.N. 97 of 2004.

regulations”.

(2) The scope of these regulations is to amend Commission

Directive 2000#29#EC on protective measures against the introduction

into the Community of organisms harmful to plants or plant products

and against their spread within the Community as follows>–

(a) Commission Decision 2002#887 of 8 th November 2002

granting derogation for bonsai plants from Japan<

(b) Commission Decision 2002#499 OF 26th June 2002

granting derogation for bonsai plants from Korea<

(c) Commission Decision 2004#95 of 20th January 2004

authorising derogation for Conifer wood from Canada<

(d) Commission Decision 2004#4 of 22nd December 2003

on temporary measures for Egyptian potatoes<

(e) Commission Decision 2001#219 of 12th March 2001 on

temporary emergency measures for wood packing from the United

States of America, Canada, Japan and China<

(f) Commission Decision 2001#218 of 12th March 2001,

amended by Decision 2003#127 on temporary emergency measures

for wood from Portugal due to B.xylophilus<

(g) Commission Decision 2002#757 of 29th April 2004 on

temporary emergency measures against Phytophtora ramorum<

(h) Commission Decision 2004#200 of 27th February 2004

on temporary emergency measures against Pepino Mosaic Virus<

(i) Commission Decision 2003#766 of 24th October 2003

on emergency measures against Diabrotica virgifera<

(j) Commission Decision 2004#416 of 29th April 2004 on

temporary emergency measures for Citrus fruit from Argentina

and Brazil<

(k) Commission Decision 98#83 of 8th January 1998,

amended by 2001#440 and 2003#129, and

(l) Commission Directive 2004#70# EC of 28th April 2004

amending Annexes I, II, III, IV of Directive 2000#29#EC as regards

some protected zones<

Provided that Directive 2000#29 has been transposed under

the Plant Quarantine (Harmful Organisms) Regulations, Legal

Notice 97 of 2004.

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4 of the principal regulations,

there shall be added the following new regulation>

4A (1) The Director is hereby authorized to provide

“Authorisation

for

derogations

from Article 4(1) of Directive 2000#29#EC

Commission with regard to the prohibitions referred to in Part A, point 1

of Annex III to that Directive for plants of Chamaecyparis

Spach, Juniperus L. and Pinus L., other than fruits and seeds,

originating in Japan. In order to qualify for those derogations

the plants shall satisfy, in addition to or by derogation of the

requirements laid down in Annex I, Annex II and in Part A,

Section I, point 43 of Annex IV to Directive 2000#29#EC, the

conditions set out in Schedule XIV relating to Commission

Decision 2002#887 of 8 November 2002.

(2) The Director shall provide the Commission and the

other Member States with information on quantities imported

prior to that date pursuant to the said Decision and with a

detailed technical report of the examination and, or, tests

carried out on these plants during the quarantine period

referred to in point 10 of the said Schedule. Any Member

State, other than that of importation, in which the plants are

introduced, shall also provide the Commission and the other

Member States with a detailed technical report of the

examination and#or tests carried out on these plants introduced

prior to that date during the quarantine period referred to in

point 10 of the said Schedule.

(3) The Director shall notify the Commission and the

other Member States of all cases of consignments introduced

into Malta pursuant to the Commission Decision which were

subsequently found not to comply with the conditions laid

down herein.

(4) The territory of Malta may apply the derogations

mentioned in sub-regulation (1) to plants imported into the

Community in the following periods as follows>-

(a) Pinus, from 1 January 2003 to 31 December

2004,

(b) Chamaecyparis, from 1 January 2003 to 31

December 2004,

(c) Juniperus, from 15 November 2002 to 31

March 2003 and 1 November 2003 to 31 March 2004.”

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4A of the principal regulations, Adds new

regulation 4B to

there shall be added the following regulation>

principal

regulations.

“Authorisation

4B (1) The Director is hereby authorised to provide

derogation, for derogations from Article 4(1) of Directive 2000#29#EC,

Commission

with regard to the prohibitions referred to in Part A, point 1

of Annex III to that Directive for plants of Chamaecyparis

Spach, Juniperus L. and Pinus L., other than fruits and seeds,

originating in the Republic of Korea. In order to qualify for

these derogations, plants of Chamaecyparis Spach, Juniperus

L. and Pinus L., other than fruits and seeds, shall satisfy, in

addition to the requirements laid down in Annex I, Annex II

and in part A, Section I, point 43 of Annex IV to Directive

2000#29#EC, the conditions set out in Schedule XV hereto.

(2) The Director shall provide the Commission and the

other Member States, before 1 August 2005, with the

information on quantities imported prior to that date pursuant

to the said Decision and with a detailed technical report of

the examination and#or tests carried out on these plants during

the quarantine period referred to in point 10 of the said

Schedule. Any Member State, other than that of importation,

in which the plants are introduced, shall also provide the

Commission and the other Member States, before 1 August

2005, with a detailed technical report of the examination and,

or, tests carried out on these plants introduced prior to that

date during the quarantine period referred to in point 10 of

the said Schedule.

(3) The Director shall notify the Commission and the

other Member States of all cases of consignments introduced

into Malta pursuant to the said Decision which were

subsequently found not to comply with the conditions laid

down herein.

(4) Member States may apply the derogations

mentioned in sub-regulation (1) to Pinus and Chamaecyparis

plants imported into the Community in the period from 1 June

2004 to 31 December 2005, and to Juniperus plants imported

into the Community in the period from 1 November 2004 to

31 March 2005”.

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4B of the principal regulations,

there shall be added the following regulation>

4C (1) By way of derogation from Article 13(1)(ii)

“Authorisation

to derogate,

of Directive 2000# 29#EC, Malta States is hereby providing

Commission

for derogations allowing the introduction into Malta of wood

2004#95#EC.

of conifers (Coniferales) listed under CN codes 4407 10 91,

4407 10 93 and 4407 10 98, as set out in Section IX of Part

Two of Annex I to Council Regulation (EEC) No 2658#87

(1), originating in Canada, subject to compliance with the

conditions set out in Schedule XVI to these regulations.

(2) The Director shall provide the Commission and the

other Member States with information when they have made

use of the authorisation granted in sub-regulation (1). The

Director shall provide the Commission and the other Member

States by 15 March 2005 with information on the number of

consignments imported pursuant to this Decision and with a

detailed report of the official inspections required pursuant

to Article 13a(1)(b) of Directive 2000#29#EC.

(3) The Director shall notify the Commission and the

other Member States of all consignments introduced into

Malta pursuant to this Decision which do not comply with

the conditions set out in the said Schedule to these regulations.

(4) The authorisation granted in regulation 2 hereof

shall be revoked prior to the 1 of July 2005 if>

(a) the conditions set out in the Schedule hereto

are shown to be insufficient to prevent the introduction

into the Community of organisms harmful to plants or

plant products<

(b) there are elements which could militate against

the proper functioning of the Canadian Heat-Treated

Wood Products (CHTWPCP) in Canada.

(5) The authorisation granted in sub-regulation (2)

hereof shall apply from 1st February, 2004 and shall expire

on 1 July, 2005.”

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4C of the principal regulations, Adds new

regulation 4D to

there shall be added the following new regulation>

the principal

regulations.

“Authorisation

“4D (1) By way of derogation from Article 1 of

derogation, Commission Decision 2004#4#EC, for the import season

Commission

2003#2004 the entry into the territory of the Community of

2004#4#EC. tubers of Solanum tuberosum L. which originate in Egypt

shall be permitted from the ‘pest-free areas’ referred to in

paragraph 2, provided that the measures applicable to tubers

grown in these areas and laid down in Schedule XVII to this

regulation, are complied with.

(2) The Commission shall establish whether ‘pest-free

areas’ have been approved in Egypt for the import season

2003#04 in accordance with the ‘FAO International Standard

for Phytosanitary Measures Part 4> Pest Surveillance ó

Requirements for the Establishment of Pest-Free Areas’, in

particular point 2.3 thereof, and shall compile a ‘list of

approved pest-free areas’, including identification details of

the fields located in the above ‘approved pest-free areas’. The

Commission shall convey this list to the Committee and to

the Director.

(3) The provisions of sub-regulation (2) shall no longer

apply as soon as the Commission has notified to the Member

States that the sixth interception of Pseudomonas

solanacearum (Smith) Smith has been confirmed in

accordance with points 2 or 3 of the said Schedule, in lots of

potatoes introduced into the Community pursuant to this

Decision during the 2003#04 import season, and that it has

been found that interceptions indicate that the method for the

identification of ‘pest-free areas’ in Egypt or the procedures

for official monitoring in Egypt have not been sufficient to

prevent the risk of introduction of Pseudomonas

solanacearum (Smith) Smith into the Community.

(4) The Director shall provide the Commission and the

other Member States, with information on the amounts

imported pursuant to this Decision and with a detailed

technical report on the official examination referred to in point

2 of the said Schedule< copies of each plant health certificate

shall be transmitted to the Commission. In cases of notification

of a suspect or confirmed finding as referred to in point 4 of

the said Schedule, copies of the plant health certificates and

their attached documents shall be transmitted with the said

notification.

(5) The Director shall adjust the measures which they

have adopted with a view to protecting themselves against

the introduction and spread of Pseudomonas solanacearum

(Smith) Smith in such a manner that the measures comply

with sub-regulations (1), (2) and (3).

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4D , there shall be added the

following new regulation>

4E (1) (a) For the purposes of this regulation

“Authorisation

to derogate,

‘susceptible

wood’ means wood packing comprised in whole

Commission

or in part of nonmanufactured wood of conifers (Coniferales),

2001#219#EC.

except that of Thuja L., originating in Canada, China, Japan

and the United States of America in the form of packing cases,

boxes, crates, drums and similar packings, pallets, box pallets

and other load boards, pallet collars, whether or not actually

in use in the transport of objects of all kinds.

(b) Susceptible wood may only be introduced into the

territory of the Community if it complies with the emergency

measures laid down in Schedule XVIII to this regulation.

(c) The provisions specified in points 1, 2 and in point

3 second indent of the Schedule XVII to this regulation shall

apply only to susceptible wood destined for the Community

and originating in the above countries on or after 1 October

2001. The provisions specified in point 3 first indent of

Schedule XVIII to this Decision shall apply from the date of

notification of the provisions of sub-regulation (4).

(2) The measures laid down in Part A, Section I, point

1.3 of Annex IV to Directive 2000#29#EC shall not apply to

susceptible wood which has been treated in accordance with

the requirements of Schedule XVIII hereto.

(3) When, on the basis of the monitoring provided for

in point 3 of Schedule XVIII , it appears that the provisions

referred to in Schedule XV to this Decision have not been

complied with in relation to susceptible wood, Malta shall

ensure that the susceptible wood is either>

(a) treated in an officially approved manner that

eliminates Bursaphelenchus xylophilus (Steiner et

Buhrer) Nickle et al.,

(b)

refused entry into the Community,

(c)

destroyed by either>

(i) incineration,

(ii) deep burial in sites approved by

responsible official bodies referred to in Directive

2000#29#EC, or

(iii) processing in an officially approved

manner that eliminates Bursaphelenchus xylophilus

(Steiner et Buhrer) Nickle et al.

All such measures shall be carried out under the official

supervision of the Director.

(4) Without prejudice to the provisions of Commission

Directive 94#3#EC, if Malta imports susceptible wood, the

Director shall provide the Commission and the other Member

States, with a detailed technical report on the results of the

monitoring it has undertaken pursuant to point 3 of the said

Schedule .

(5) Member States shall adjust the measures which they

have adopted with a view to protecting themselves against

the introduction and the spread of Bursaphelencus xylophilus

(Steiner et Buhrer) Nickle et al. in such a manner that the

measures comply with sub-regulations (1), (2) and (3), and

shall forthwith inform the Commission of the adjusted

measures.

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4E, there shall be added the

following regulation>-

4F (1)

In this regulation>

(a) ‘the pine wood nematode (PWN)’ means

Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle

et al.,

(b) ‘susceptible wood and bark’ means wood and

isolated bark of conifers (Coniferales), except that of

Thuja L.<

(c) ‘susceptible plants’ means plants (other than

fruit and seeds) of Abies Mill., Cedrus Trew, Larix Mill.,

Picea A. Dietr., Pinus L., Pseudotsuga Carr. and Tsuga

Carr.

(2)

The Director may –

(a) subject consignments of susceptible wood, and

bark and of susceptible plants coming from demarcated

areas in Portugal and moved into Malta to testing for the

presence of PWN<

(b) take further appropriate steps to carry out

official monitoring in respect of such consignments, to

ascertain whether they comply with the relevant

conditions specified in Schedule XIX to these

regulations.

(3) Malta shall conduct official annual surveys for

PWN, on susceptible wood and bark and susceptible plants

originating in their country, to determine whether there is any

evidence of infestation by PWN. Without prejudice to the

provisions of Article 16(1) of Directive 2000# 29#EC where

the results of the surveys provided for in the first paragraph

indicate the occurrence of the PWN in areas where it was

previously unknown, the results of such surveys shall be

notified to the other Member States and the Commission by

15 November 2003 and 15 November 2004 respectively.

(4) The Commission shall compile a list of areas in

which PWN is known not to occur and convey such a list to

the Standing Committee on Plant Health and to the Member

States. Any areas in Portugal not comprised in the above

compiled list, shall be deemed to be demarcated areas. The

list of the areas referred to in the first sentence of the second

paragraph shall be adjusted by the Commission according to

the results of the survey referred to in the second paragraph

of Article 4 and to the findings notified under Article 16(1)

of Directive 2000#29#EC”.

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 9, there shall be added the Adds regulation

4G to the principal

following regulation>

regulations.

4G. (1)

For the purpose of this regulation>

(a) ‘the harmful organism’ means Phytophthora

ramorum Werres, De Cock & Man in ‘t Veld sp. nov.

(b) ‘susceptible plants’ means plants, other than

fruit and seeds, of Acer macrophyllum Pursh., Aesculus

californica Nutt., Arbutus menziesii Pursch.,

Arctostaphylos spp. Adans, Heteromeles arbutifolia

(Lindley) M. Roemer, Lithocarpus densiflorus (H & A),

Lonicera hispidula (Dougl.), Quercus spp. L., Rhamnus

californica (Esch), Rhododendron spp. L., other than

Rhododendron simsii Planch., Umbellularia californica

(Pursch.), Vaccinium ovatum (Hook & Arn) Nutt. and

Viburnum spp. L.

(c) ‘susceptible wood’ means wood of Acer

macrophyllum Pursh. Aesculus californica Nutt.,

Lithocarpus densiflorus (H & A) and Quercus L.

(d) ‘susceptible bark’ means isolated bark of Acer

macrophyllum Pursh., Aesculus californica Nutt.,

Lithocarpus densiflorus (H & A) and Quercus L.

(2) No person shall introduce into the Community and

spread within Malta any non-European or European isolates

of the harmful organism.

(3) Susceptible plants and susceptible wood may only

be introduced into Malta if they comply with the emergency

phytosanitary measures laid down in points 1a and 2 of

Schedule XX to these regulations and if they are inspected

on entry into the Community for the presence of non-European

isolates of the harmful organism, in accordance with Article

13(1)(a) of Directive 2000#29#EC, and are found free from

the harmful organism in this inspection.

(4) The provisions specified in points 1a and 2 of the

said Schedule XX to these regulations shall apply only to

susceptible plants and susceptible wood originating in the

United States of America destined for the Community and

leaving on or after 1 November 2002.

(5) The measures laid down in Part A, Section I(3) of

Annex IV as regards wood of Quercus L., including wood

which has not kept its natural round surface, originating in

the United States of America, shall not apply to susceptible

wood of Quercus L. which satisfies the requirements of point

2(b) of the Annex to these regulations.

(6) As of 1 November 2002 plants of Rhododendron

spp., other than Rhododendron simsii Planch, and Viburnum

spp., other than fruit and seeds, originating in third countries,

other than the United States of America, introduced into the

Community may only be moved in the Community if they

are accompanied by a plant passport prepared and issued in

accordance with Commission Directive 92#105#EEC .

(7) Susceptible bark originating in the United States

of America shall not be permitted entry in Malta.

(8) As of 1 November 2002, plants of Rhododendron

spp., other than Rhododendron simsii Planch., and Viburnum

spp., other than fruits and seeds, originating in the Community

may not be moved from their place of production unless they

meet the conditions laid down in point 3 of the said Schedule

XX. The producers of these plants shall be registered in

accordance with the provisions of Council Directive

92#90#EEC .

(9) The Director shall conduct official surveys for the

harmful organism in Malta, to determine whether there is an

evidence of infestation by the harmful organism”.

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4G, there shall be added the Adds

regulation 4H to

following new regulation>

principal

regulations.

4H (1) The introduction into and movement within

“Authorisation

to derogate,

Malta

of seeds of tomato, Lycopersicon lycopersicum (L.)

Commission

Karsten ex Farw., contaminated by Pepino mosaic virus shall

2004#200#EC.

be prohibited.

(2) Seeds of tomato originating in third countries may

only be imported into Malta if they meet the conditions laid

down in point 1 of Schedule XX. They shall be inspected,

and tested when appropriate, on entry into the Community

for the presence of Pepino mosaic virus, in accordance with

Article 13(1)(i) of Directive 2000#29#EC, mutatis mutandis.

(3) (a) Seeds of tomato, originating in the

Community, may only be moved within the Community if

they meet the conditions laid down in point 2 of the Schedule.

(b) Sub-regulation (b) shall not apply to movement of

seeds intended for sale to final consumers not involved in

professional plant production, provided that the packaging of

the seeds or other indications clearly show that they are

intended for sale to such consumer.

(4) The Director shall conduct official surveys on

premises involved in the production of tomato plants and

tomato fruits, for the presence of Pepino mosaic virus. Without

prejudice to respectively Article 16(2) and 13c(8) of Directive

2000#29#EC, the results of the surveys provided for in the

first paragraph and the results of the inspections and tests

provided for in sub-regulation (2) shall be notified to the

Commission.”

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4H to the principal regulations, Addition of new

regulation 4I to the

there shall be added the following>

principal

regulations.

“Authorisation

4I (1) Member States shall ensure that the suspected

to derogate,

Commission occurrence or confirmed presence of Diabrotica virgifera le

Conte, hereinafter referred to as “the organism” is reported

2003#766#EC.

to their own responsible official bodies within the meaning

of Directive 2000#29#EC.

(2) (a) Member States shall each year conduct official

surveys for the presence of the organism in areas in their

territory, where maize is grown.

(b) Without prejudice to Article 16(1) of Directive

2000#29#EC, the results of the surveys provided for in

paragraph 2(a) shall be notified to the Commission and to the

other Member States.

(3) (a) When the results of the surveys referred to in

sub-regulation (2), confirm the presence of the organism in

an area which was previously known to be free from the

organism, Member States shall define demarcated zones

which consist of the following parts>

(i) a focus zone around a field where the organism

has been captured, of at least 1 kilometre radius, and

(ii) a safety zone around the focus zone of at least

5 kilometre radius.

In addition Member States may also define a buffer zone

around the focus and safety zone.

(4) The exact delimitation of the area of the zones

referred to in sub-regulation (1) shall be based on sound

scientific principles, the biology of the organism, the level of

infestation, and the particular production system of the host

plant of the organism in Malta.

(5) If the presence of the organism is confirmed in

another point than the original point of capture of the organism

situated in the focus zone, the delimitation of the demarcated

zones shall be changed accordingly.

(6) If no captures of the organism are detected two

years after the last year of capture, the demarcated zones shall

cease to exist and no further eradication measures referred to

in sub-regulation (4) shall be necessary.

(7) The Director shall inform the other Member States

and the Commission of the areas of the zones referred to in

sub-regulation (1) by providing suitable scale maps.

(8) (a) In each of the parts of the demarcated zones,

the Director shall monitor the presence of the organism using

appropriate sex pheromone traps which have to be arranged

like a grid and checked regularly. The type and number of

traps to be used as well as the method of trapping shall take

into account the local circumstances, and the characteristics

of the demarcated zones.

(b) In addition to the provisions of sub-regulation (1),

Member States shall ensure that in the focus zone>

(i) there is no movement of fresh plants of Zea

mais L., or fresh parts thereof out of this zone between

dates in the year of occurrence of the harmful organism,

set on the basis of the biology of the organism, the level

of captures of the organism, and the climatic conditions

prevailing in Malta, to ensure that there is no spread of

the organism<

(ii) there is no movement of soil of maize fields

from inside the focus zone to outside the focus zone<

(iii) maize is not harvested between dates in the

year of occurrence of the organism, set on the basis of

the biology of the organism, the level of captures of the

organism, and the climatic conditions prevailing in

Malta, to ensure that there is no spread of the organism<

(iv) in the maize fields a crop rotation takes place

whereby during any period of three consecutive years

maize is only grown once, or maize is not cultivated for

two years after the last year of capture in the entire focus

zone<

(v) an appropriate treatment on maize fields until

the end of the oviposition period is carried out against

the organism in the year of its occurrence and the year

thereafter<

(vi) agricultural machinery used on maize fields

is cleaned of all soil and debris before leaving the zone<

(vii) volunteer maize plants are removed in non-

maize fields.

(c) In addition to the provisions of sub-regulation (1),

Member States shall ensure that in the safety zone at least>

(i) a crop rotation takes place whereby during any

period of two consecutive years maize is only grown

once< or

(ii) an appropriate treatment on maize fields is

carried out against the organism in the year of its

occurrence and the year thereafter.

(d) In addition, the competent authority may lay down

that in the buffer zone a crop rotation takes place whereby,

during any period of two consecutive years, maize is only

grown once.

(9) The Director shall provide the Commission and the

other Member States by 31 December of each year with the

information on>

(a) the areas of the zones referred to in sub-

regulation 7,

(b) the dates set and the justification thereof

referred to in sub-regulation 8(b)(i) and (iii),

(c) the treatment carried out referred to in sub-

regulation 8(b)(v) and sub-regulation 8(c)(ii).

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4I , there shall be added the

following new regulation>

“Authorisation

4J (1) By way of derogation from points 16.2 and

to derogate,

Commission 16.4 of Section I of Part A of Annex IV to Directive

2000#29#EC, from 1 May 2004 fruits of Citrus L., Fortunella

2004#416#EC.

Swingle, Poncirus Raf., and their hybrids (hereinafter referred

to as citrus fruits), originating in Argentina or Brazil may

only be introduced into the territory of Malta if they comply

with the requirements laid down in Schedule XXII to these

regulations.

(2) Without prejudice to the provisions of Commission

Directive 94#3#EC , on importing citrus fruits originating in

Argentina or Brazil, the Director shall provide the

Commission and the other Member States, by 31 December

2004 at the latest, with a detailed technical report on the results

of plant health checks carried out on those fruits in accordance

with Article 13(1) of Directive 2000#29#EC between 1 May

and 30 November 2004.

(3) If it becomes apparent that those emergency

measures are not sufficient to prevent the entry of Guignardia

citricarpa Kiely (all strains pathogenic to Citrus) or

Xanthomonas campestris (all strains pathogenic to Citrus),

or have not been complied with, the Commission shall take

more stringent or alternative measures, under the procedure

laid down in Article 16(3) of Directive 2000#29#EC.”

Malta Government Gazette — Legal Notice 2005 42 — Regulations, 2005

Immediately after regulation 4J, there shall be added the Addition of new

regulation 4K to

following new regulation>

the principal

regulations.

“4K (1) It is hereby declared that the following third

countries are recognized as being free of all strains of Xanthomonas

campestris pathogenic to Citrus>

(a) all citrus-growing countries in the Euro-

Mediterranean region, including Europe, Algeria, Egypt,

Israel, Libya, Morocco, Tunisia and Turkey, – in Africa> South

Africa, Gambia, Ghana, Guinea, Kenya, Sudan, Swaziland

and Zimbabwe,

(b) in Central and South America and the Caribbean>

the Bahamas, Belize, Chile, Colombia, Costa Rica, Cuba,

Ecuador, Honduras, Jamaica, Mexico, Nicaragua, Peru, the

Dominican Republic, Saint Lucia, El Salvador, Surinam and

Venezuela.

(2) The following areas are recognized as being free of all

strains of Xanthomonas campestris pathogenic to Citrus>

(a) in Australia> New South Wales, Queensland, South

Australia and Victoria,

(b) all areas of Brazil, with the exception of the States

of Rio Grande do Sul, Santa Catarina, Paranà, São Paulo,

Minas Gerais and Mato Grosso do Sul,

(c) in the United States of America> Arizona,

California, Guam, Hawaii, Louisiana, Northern Mariana

Islands, Puerto Rico, American Samoa, Texas and the United

States Virgin Islands,

(d) all areas of Uruguay, with the exception of the

Departments Salto, Rivera and Paysandu – north of River

Chapicuy.

(3) The following third countries are recognized as being

free of Cercospora angolensis Carv. et Mendes>

(a) all citrus-growing third countries in North, Central

and South America, the Caribbean, Asia (with the exception

of Yemen), Europe and Oceania,

(b) all citrus-growing third countries in Africa, with

the exception of Angola, Cameroon, Central African Republic,

Democratic Republic of Congo, Gabon, Guinea, Kenya,

Mozambique, Nigeria, Uganda, Zambia and Zimbabwe.

(4) The following third countries are recognized as being

free of all strains of Guignardia citricarpa Kiely pathogenic to

Citrus>

(a) all citrus-growing third countries in North, Central

and South America (with the exception of Argentina and

Brazil), the Caribbean and Europe,

(b) all citrus-growing third countries in Asia, with the

exception of Bhutan, China, Indonesia, Philippines and

Taiwan,

(c) all citrus-growing third countries in Africa, with

the exception of South Africa, Kenya, Mozambique,

Swaziland, Zambia and Zimbabwe,

(d) all citrus-growing third countries in Oceania, with

the exception of Australia, New Zealand and Vanuatu.

(5) The following areas are recognized as being free of all

strains of Guignardia citricarpa Kiely pathogenic to Citrus>

(a)

in South Africa> Western Cape,

(b) in Australia> South Australia, Western Australia

and Northern Territory,

(c) in China> all areas with the exception of Sichuan,

Yunnan, Guangdong, Fujian and Zhejiang,

(d) in Brazil > all areas with the exception of the States

of Rio de Janeiro, São Paulo and Rio Grande do Sul.”

B

B

B

B

B

B

B

B

B

B

B

B

B

B

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