Regulations, 2009

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,450, 30 ta’ Ġunju, 2009

L.N. 199 of 2009

PLANT QUARANTINE ACT

(CAP. 433)

Seeds of Agricultural Landraces and Varieties

Regulations, 2009

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

Quarantine Act, the Minister for Resources and Rural Affairs has

made the following regulations:-

The title of these regulations is the Seeds of Agricultural

Landraces and Varieties Regulations, 2009.

(1) The scope of these regulations is to make provisions Scope.

to assure that any seeds of agricultural landraces and varieties

produced and placed on the market in Malta, meets specified

standards of quality.

(2) These regulations transpose Commission Directive

2008/62/EC and their purpose is to aid landraces and varieties

which are naturally adapted to local and regional conditions and

threatened by genetic erosion to be grown and marketed even

when they do not comply with the general requirements as regards

the acceptance of varieties and the marketing of seeds and seed

potatoes.

For the purpose of these regulations, the following

definitions shall apply

“conservation in situ” means the conservation of

genetic material in its natural surroundings and, in the case

of cultivated plant species, in the farmed environment where

they have developed their distinctive properties;

“the Department” means the department responsible for

plant health;

“genetic erosion” means the loss of genetic diversity

between and within populations or varieties of the same

species over time, or reduction of the genetic basis of a

species due to human intervention or environmental change;

“landrace” means a set of populations or clones of a

plant species which are naturally adapted to the environmental

conditions of their region;

“seed” means seed and seed potatoes, unless seed

potatoes are expressly excluded.

(1) Landraces and varieties of agricultural plant species

of the species listed in Schedule I to the Seeds of Agricultural

Plants and Vegetables Regulations, 2006 may be accepted in the

national catalogue of varieties of agricultural plant species provided

that the requirements laid down in regulations 5 and 6 hereof are

met. Such landraces or varieties shall be referred to in the Common

Catalogue of varieties of agricultural plant species as “conservation

varieties”.

(1) In order to be accepted as a conservation variety, a

landrace or variety shall present an interest for the conservation of

plant genetic resources.

(2) (a) By way of derogation from sub-regulation

2(1)(a) of the Examination of Varieties of Agricultural Plant

Species Regulations, 2006 provisions may be made with regard to

distinctness, stability and uniformity of conservation varieties.

(b) In such cases, it shall be ensured that for

distinctness and stability, at least the characteristics which are

referred to in the following shall apply

(i) the technical questionnaires associated with

the test protocols of the Community Plant Variety

Office (CPVO) listed in Schedule I to the Examination

of Varieties of Agricultural Plant Species Regulations,

2006, which apply to those species, or

(ii) the technical questionnaires of the guidelines

of the International Union for the Protection of New

Varieties of Plants (UPOV) listed in Schedule II to the

Examination of Varieties of Agricultural Plant Species

Regulations, 2006, which apply to those species.

(c) For the assessment of uniformity, the

provisions of the Examination of Varieties of Agricultural Plant

Species Regulations, 2006 shall apply. However, if the uniformity

level is established on the basis of off-types, a population standard

of 10 % and an acceptance probability of at least 90 % shall be

applied.

By way of derogation from the provision of regulation

8(4) of the Seeds of Agricultural Plants and Vegetables

Regulations, 2006, requiring the acceptance of varieties to be based

on the results of official examinations, particularly growing trials,

covering a sufficient number of characteristics for the variety to be

described, no official examination shall be required if the following

information is sufficient for the decision on the acceptance of the

conservation varieties to be taken

(a) the description of the conservation variety and its

denomination;

(b) the results of unofficial tests;

(c) knowledge gained from practical experience during

cultivation, reproduction and use, as notified by the applicant

to the Department concerned;

(d) other information in particular that from the plant

genetic resources authorities or from organisations recognised

for this purpose by the Department.

A conservation variety shall not be accepted for inclusion

in the national catalogue of varieties of agricultural plant species if

(a) it is already listed in the Common Catalogue of

varieties of agricultural plant species as a variety other than

a conservation variety, or it was deleted from such catalogue

within the last two years or within the last two years from

the expiry of the acceptance period granted under regulation

8(11) to the Seeds of Agricultural Plants and Vegetables

Regulations, 2006; or

(b) it is protected by a Community plant variety right

as provided for in Council Regulation (EC) No 2100/94 or by

a national plant variety right, or an application for such a right

is pending.

(1) With respect to denominations of conservation

varieties which were known before 25th May 2000, the Department

may permit derogations from the provisions of Commission

Regulation (EC) No 930/2000, except where such derogations

would violate prior rights of a third party which is protected under

Article 2 of that Regulation.

(2) Notwithstanding regulation 8(6) to the Seeds of

Agricultural Plants and Vegetables Regulations, 2006 stating that a

variety is known by the same name in all Member States at the time

of acceptance, the Department may accept more than one name for

a variety if the names concerned are historically known.

(1) When a conservation variety is accepted, the region

or regions in which the variety has historically been grown and to

which it is naturally adapted shall be identified and hereinafter,

these shall be referred to as the “region of origin”. Information

from plant genetic resources authorities or from organisations

recognised for that purpose shall be taken into account. If the

region of origin is located in Malta and in other Member States,

it shall be identified by all Member States concerned by common

accord.

(2) Malta or the other Member States, as the case may

be, performing the identification of the region of origin shall notify

the identified region to the European Commission.

It shall be ensured that a conservation variety is

maintained in its region of origin.

(1) By way of derogation from the certification

requirements provided for in regulations 9(1)(a) and (2) and 34(1)

to the Seeds of Agricultural Plants and Vegetables Regulations,

2006, the Department may provide that seed of a conservation

variety may be placed on the market if it complies with sub-

regulations (2), (3) and (4) hereof.

(2) The seed shall descend from seed produced

according to well defined practices for the maintenance of the

variety.

(3) The seed shall comply with the requirements

for certification of certified seed provided for in the Seeds of

Agricultural Plants and Vegetables Regulations, 2006 with the

exception of the requirements in respect of minimum varietal

purity and the requirements concerning official examination

or examination under official supervision. The seed shall have

sufficient varietal purity.

(4) As regards seed potatoes, Member States may

provide that regulation 32 of the Seeds of Agricultural Plants and

Vegetables Regulations, 2006 concerning the size shall not apply.

(1) It shall be ensured that seeds of a conservation Region of seed

variety may only be produced in the region of origin. If the production.

conditions for certification provided for in regulation 11(3) hereof

cannot be fulfilled in that region, due to a specific environmental

problem, additional regions for seed production may be approved

by the Department taking into account information from plant

genetic resources authorities or from organisations recognised for

this purpose by the Department. However, seed produced in those

additional regions may be used exclusively in the regions of origin.

(2) (a) The European Commission and the other

Member States have to be notified by Malta on the additional

regions which it intends to approve for seed production pursuant to

sub-regulation (1) hereof.

(b) The European Commission and the other

Member States may, within 20 working days from receipt of those

notifications, request the matter to be referred to the Standing

Committee on Seeds and Propagating Material for Agriculture,

Horticulture and Forestry. A decision shall be taken according to

established procedures, as appropriate, to lay down, if necessary,

restrictions or conditions for the designation of such regions.

(c) If neither the European Commission nor the

other Member States make a request referred to in sub-regulation

(2)(b) hereof, Malta may approve the additional regions for seed

production as notified.

(1) It shall be ensured that tests are carried out Seed testing.

to check that seeds of conservation varieties comply with the

certification requirements provided for in regulation 11(3)

hereof. Such tests shall be carried out in accordance with current

international methods, or, where such methods do not exist, in

accordance with any appropriate methods.

(2) For the tests referred to in sub-regulation (1)

hereof, samples have to be drawn from homogeneous lots. The

rules on lot weight and sample weight provided for in Schedule

IV to the Seeds of Agricultural Plants and Vegetables Regulations,

2006 shall are applied.

(1) Seeds of a conservation variety may only be

marketed if the following conditions are satisfied

(a) they shall have been produced in their region of

origin or in a region referred to in regulation 12;

(b)

marketing shall takes place in their region of

origin.

(2) By way of derogation from sub-regulation (1)(b)

hereof, additional regions may be approved by the Department

in its own territory for the marketing of seed of a conservation

variety provided that those regions are comparable to the region

of origin as regards the natural and semi-natural habitats of that

variety. If the Department approves such additional regions, it shall

be ensured that the amount of seed necessary for the production of

at least the quantity of seed referred to in regulation 15 hereof is

reserved to conserve the variety in its region of origin. Malta shall

inform the European Commission and the other Member States of

the approval of such additional regions.

(3) If the Department approves additional regions for

seed production in accordance with regulation 12 hereof, it shall

not use the derogation provided for in sub-regulation (2) hereof.

(1) For each conservation variety, the quantity of seed

marketed shall not exceed 0.5 % of the seed of the same species

used in Malta in one growing season, or a quantity necessary to

sow 100 ha, whichever is the greater quantity.

(2) For the species Hordeum vulgare, Pisum sativum,

Triticum spp., Solanum tuberosum and Zea mays, that percentage

shall not exceed 0.3 %, or a quantity necessary to sow 100 ha,

whichever is the greater quantity.

(3) However, the total quantity of seed of conservation

varieties marketed in Malta shall not exceed 10 % of the seed of the

species concerned used yearly in Malta. In cases where this leads

to a quantity lower than necessary to sow 100 ha, the maximum

amount of seed of the species concerned used yearly in Malta may

be increased so as to reach the quantity necessary to sow 100 ha.

(1) Before the beginning of each production season,

producers shall notify the Department of the size and the location

of the area for the seed production.

(2) If, based on the notifications referred to in sub-

regulation (1) hereof, the quantities laid down in regulation 15

hereof are likely to be exceeded, the Department shall allocate to

each producer concerned the quantity such producer may market in

the respective production season.

Official monitoring shall be carried out to ensure that

the seed crops of a conservation variety comply with the provisions

of these regulations, paying particular attention to the variety,

locations of seed production and quantities.

(1) It shall be ensured that seeds of conservation

varieties may be marketed only in closed packages or containers

bearing a sealing device.

(2) Seed packages and containers shall be sealed by

the supplier in such a manner that they cannot be opened without

damaging the sealing system or leaving evidence of tampering on

the supplier’s label, or on the package or container.

(3) In order to ensure sealing in accordance with sub-

regulation (2) hereof, the sealing system shall comprise of at least

the label or the affixing of a seal.

Packages or containers of seeds of conservation varieties

shall bear a supplier’s label or a printed or a stamped notice that

includes the following information

(a) the words “EC rules and standards”;

(b) name and address of the person responsible for

affixing the labels or his identification mark;

(c) year of sealing expressed as: “sealed .… (year)”,

or, except for seed potatoes, the year of the last sampling for

the purposes of the last testing of germination expressed as

“sampled …. (year)”;

(d) species;

(e) denomination of the conservation variety;

(f) the words “conservation variety”;

(g) region of origin;

(h) where the region of seed production is different

from the region of origin, the indication of the region of seed

production;

(i) reference number of the lot given by the person

responsible for affixing the labels;

(j) declared net or gross weight, or, except for seed

potato, declared number of seeds;

(k) where weight is indicated and granulated

pesticides, pelleting substances or other solid additives are

used, the nature of the chemical treatment or additive and the

approximate ratio between the weight of clusters of pure seeds

and the total weight (this does not apply for seed potatoes).

It shall be ensured that seed is subject to official post

control by random inspections to verify its varietal identity and

varietal purity.

(1) Suppliers operating in Malta shall report for each

production season the amount of seed of each conservation variety

placed on the market.

(2) A report shall also be made on request to the

European Commission and to the other Member States on the

amount of seed of each conservation variety placed on the market.

€0.37