Regulations, 2006

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,985, 20 ta’ Ottubru, 2006

L.N. 246 of 2006

PLANT QUARANTINE ACT

(CAP. 433)

Examination of Varieties of Agricultural Plant Species

Regulations, 2006

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

Quarantine Act, the Minister for Rural Affairs and the Environment

has made the following regulations>-

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

Varieties of Agricultural Plant Species Regulations, 2006.

(2) The scope of these regulations is to ensure that varieties

of species of agricultural plants which shall be included in the national

catalogue of such varieties in Malta shall comply with internationally-

recognised guidelines as regards the characteristics to be covered as a

minimum by the examination and the minimum conditions for

examining such varieties.

Regulation 3(1)(a)(i)

CPVO guidelines

The following tables list the genera and species for which CPVO guidelines apply 1 .

I.

Cereals

Table 1.1

Species listed in the Common Catalogue

CPVO protocol

Oats

Oats, TP 20/1 of 6.11.2003

Barley

Barley, TP 19/2 of 6.11.2003

Rye

Rye, TP 58/1 of 31.10.2002

Triticale

Triticale, TP 121/1 of 6.11.2003

Wheat

Wheat, TP 3/3 of 6.11.2003

Durum wheat

Durum wheat, TP 120/2 of 6.11.2003

Maize

Maize, TP 2/2 of 15.11.2001

II. Fodder Plants

Table 1.2

Species listed in the Common Catalogue

CPVO protocol

Leguminosae (Legumes)

Field pea

Pea, TP 7/1 of 6.11.2003

III. Potatoes

Table 1.3

Species listed in the Common Catalogue

CPVO protocol

Potato

Potato, TP 23/1 of 27.3.2002

These technical protocols can be found on the CPVO website www.cpvo.europa.eu

(1) Varieties of the agricultural plant species shall be Conditions for

officially accepted in the national catalogue within the meaning of examination

varieties of

regulation 8 (1) of the Seeds of Agricultural Plants and Vegetables agricultural plants.

Regulations, 2006 after fulfilling the requirements set out in the L.N. 81 of 2006.

paragraphs below>

(a)

As regards distinctness, uniformity and stability,

(i) the species listed in Schedule I to these regulations

shall comply with the conditions laid down in the “Protocols

for distinctness, uniformity and stability tests” of the

Administrative Council of the Community Plant Variety

Office, (hereafter referred to as the ‘CPVO’) which are

relevant for the particular species<

(ii) the species listed in Schedule II to these regulations

shall comply with the “Guidelines for the conduct of tests for

distinctness, homogeneity and stability” of the International

Union for the Protection of New Varieties of Plants (hereafter

referred to as ‘UPOV’) which are relevant for the particular

species.

(b) As regards the value for cultivation or use, the varieties

shall comply with the conditions laid down in Schedule III to these

regulations without prejudice to regulation 8 (3) of the Seeds of

Agricultural Plants and Vegetables Regulations, 2006.

(2) All the varietal characteristics within the meaning of

sub-regulation (1) (a) (i) of this regulation and any characteristics in

the ‘UPOV’ referred to in sub-regualtion (1) (a) (ii) shall be used,

provided that observation of a characteristic is not rendered impossible

by the expression of any other characteristics and provided that the

expression of a characteristic is not prevented by the environmental

conditions under which the test is conducted.

(3) It shall be ensured that in respect of the species listed in

Schedules I and II to these regulations, the minimum requirements for

carrying out the examinations in respect of trial design and growing

conditions, as laid down in the test guidelines referred to in the said

Schedules, are fulfilled at the time of the examinations.

Regulation 3(1)(a)(ii)

UPOV guidelines

The following tables list the genera and species for which UPOV guidelines apply 2 .

I.

Cereals

Table 2.1

Species listed in the Common Catalogue

UPOV protocol

Sorghum

Sorghum, guideline TG/122/3 of 6.10.1989

II. Fodder Plants

Table 2.2

Species listed in the Common Catalogue

UPOV protocol

Gramineae (Grasses)

Velvet bent

Bent, guideline TG/30/6 of 12.10.1990

Brown top

Bent, guideline TG/30/6 of 12.10.1990

Red top

Bent, guideline TG/30/6 of 12.10.1990

Creeping bent

Bent, guideline TG/30/6 of 12.10.1990

Sheep’s fescue

Sheep’s fescue, guideline TG/67/4 of 12.11.1980

Meadow fescue

Meadow fescue, guideline TG/39/8 of 17.4.2002

Red fescue

Red fescue, guideline TG/67/4 of 12.11.1980

Italian ryegrass

Ryegrass, guideline TG/4/7 of 12.10.1990

Perennial ryegrass

Ryegrass, guideline TG/4/7 of 12.10.1990

Smooth-stalked meadow grass

Kentucky bluegrass, guideline TG/33/6 of

Regulation 3(1)(b)

Examination of the value for cultivation or use

The following are the characteristics as regards the examination of the value for cultivation or use

1. Yield.

2. Resistance to harmful organisms.

3. Behaviour with respect to factors in the physical environment.

4. Quality characteristics.

The methods used shall be specified when the results are submitted.

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

10.1990

Leguminosae (Legumes)

Lucerne

Lucerne, guideline TG/6/5 of 6.4.2005

Red clover

Red clover, guideline TG/5/7 of 4.4.2001

Field bean

Field bean, guideline TG/8/6 of 17.4.2002

Common vetch

Common vetch, guideline TG/32/6

10.1988

These technical protocols can be found on the UPOV website www.upov.int