Seeds of Vegetable Landraces and Varieties Regulations, 2011

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,702, 25 ta’ Jannar, 2011

Taqsima B

L.N. 22 of 2011

PLANT QUARANTINE ACT

(CAP. 433)

Seeds of Vegetable Landraces and Varieties Regulations, 2011

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

Quarantine Act, the Minister for Resources and Rural Affairs after

consulting the Plant Health Directorate has made the following

regulations:-

(1) The title of these regulations is the Seeds of

Vegetable Landraces and Varieties Regulations, 2011.

(2) The scope of these regulations is to transpose

Commission Directive 2009/145/EC providing for certain

derogations for the acceptance for inclusion of vegetable landraces

and varieties in national catalogues of varieties of vegetable species

as provided for in the Seeds of Agricultural Plants and Vegetables

Regulations, 2010 to ensure the sustainable use of such plant L.N. 331 of 2010.

genetic resources through growing. Such derogation shall apply to

the following

(a) vegetable landraces and varieties which have

been traditionally grown in particular localities and regions

hereinafter referred to as “conservation in situ” and are

threatened by genetic erosion hereinafter referred to as

“conservation varieties”; and

(b) vegetable varieties with no intrinsic value for

commercial crop production but solely developed for growing

under particular pedological or agro-technical conditions

hereinafter referred to as “varieties developed for growing

under particular conditions”,

and consequently for marketing of seeds of such

vegetable landraces and varieties.

(3) These regulations shall be deemed to have come

into force on the 31st December, 2010.

(1) Unless otherwise stated in these regulations,

the definitions in the Act and those contained in the Seeds of

Agricultural Plants and Vegetables Regulations, 2010 shall

continue to apply.

(2) For the purpose of these regulations and unless the

context otherwise requires, the following definitions shall apply

“the Act” means the Plant Quarantine Act;

“the applicant” means any person, farmer or breeder who

submits an application to the Directorate whereby he may be

granted an authorisation in accordance with these regulations;

“authorisation” means any permit, licence, decision

or concession granted by the Directorate to the applicant in

terms of these regulations;

“certified seed” shall have the same meaning as that

provided for under the Seeds of Agricultural Plants and

Vegetables Regulations, 2010;

“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;

“conservation varieties” means vegetable landraces and

varieties which have been traditionally grown in particular

localities and regions and are threatened by genetic erosion;

“the Commission” means the European Commission;

“the Community” means the European Community as

established by the Treaty of the European Union;

“the Directorate” means the directorate 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;

“Member State” means a state which is a member of the

European Union;

“person” means any natural or legal person;

“standard seed” shall have the same meaning as

that provided under the Seeds of Agricultural Plants and

Vegetables Regulations, 2010.

“varieties developed for growing under particular

conditions” means varieties with no intrinsic value for

commercial crop production but solely developed for growing

under particular pedological or agro-technical conditions.

These regulations shall apply in particular to ensure that Applicability.

any seeds of vegetable landraces and varieties produced and placed

on the market in Malta meets specified quality standards and shall

apply without prejudice to the Seeds of Agricultural Plants and

Vegetables Regulations, 2010.

(1) Conservation varieties may be accepted for

inclusion in national catalogues subject to the requirements

provided for in regulations 5 and 6 of these regulations.

(2) Such varieties shall be accepted

(a) as a variety the seeds of which may either be

certified as “certified seed of a conservation variety” or

verified as “standard seed of a conservation variety”. Such

a variety shall enter the Common Catalogue of varieties of

vegetable species as a “conservation variety the seeds of

which shall be certified in accordance with regulation 11 of

these regulations or verified in accordance with regulation 12

of these regulations”;

(b) as a variety the seeds of which may only be

verified as “standard seed of a conservation variety”. Such

a variety shall enter the Common Catalogue of varieties of

vegetable species as a “conservation variety the seeds of

which shall be verified in accordance with regulation 12 of

these regulations”.

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

referred to in sub-regulation (2) of regulation 2 hereof, a landrace

or variety shall present an interest for the conservation of plant

genetic resources.

(2) The Directorate may adopt its own provisions

as regards distinctness, stability and uniformity of conservation

varieties by way of derogation from paragraphs (a) and (b) of

sub-regulation (1) of regulation 3 of the Examination of Varieties

of Vegetable Species Regulations, 2007. In such cases, the

Directorate shall ensure that for the purpose of distinctness and

stability, at least the characteristics referred to in the following

shall apply

(a) 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 Vegetable Species Regulations, 2007, which apply to those

species; or

(b) 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 Vegetable Species Regulations, 2007, which

apply to those species.

(3) The provisions contained under the Examination of

Varieties of Vegetable Species Regulations, 2007 shall apply with

regard to the assessment of uniformity. 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 apply.

Without prejudice to the first sentence of sub-

regulation (4) of regulation 6 of the Seeds of Agricultural Plants

and Vegetables Regulations, 2010, no official examination shall

be required if a decision is taken by the Directorate regarding

the acceptance of conservation varieties based on the following

information

(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 Directorate;

(d) other information in particular that obtained from the

plant genetic resources authorities or from other organisations

or entities recognised as such by the Directorate.

A conservation variety shall not be accepted for inclusion

in the national catalogue of varieties of vegetable species if

(a) it is already listed in the Common Catalogue

of varieties of vegetable species as a variety other than a

conservation variety; or

(b) it was deleted from such catalogue during the years

2008 to 2010 or within the two years immediately following

the expiry period of the acceptance granted under sub-

regulation (11) of regulation 6 of the Seeds of Agricultural

Plants and Vegetables Regulations, 2010; or

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

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

Community plant variety rights or by a national plant variety

right, or where an application for such a right is pending.

(1) With respect to denominations of conservation Denominations of

varieties known prior to 25th May 2000, the Directorate may

permit derogations from the provisions of Commission Regulation

(EC) No 637/2009 establishing implementing rules as to the

suitability of the denominations of varieties of agricultural plant

species and vegetable species except where such derogations

would violate prior rights of a third party protected under Article 2

of that Regulation.

(2) Notwithstanding sub-regulation (6) of regulation

6 of the Seeds of Agricultural Plants and Vegetables Regulations,

2010 providing that a variety shall be known by the same name in

all Member States at the time of acceptance, the Directorate may

accept more than one name for a variety if the names concerned

are historically known.

(1) When a conservation variety is accepted, the

locality or localities, 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 available from plant genetic resources

authorities or from other organisations or entities recognised as

such 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 means of a common accord.

(2) The Directorate or the other competent authorities

of other Member States, as the case may be, identifying the region

of origin shall notify such identification to the Commission.

The Directorate shall ensure that a conservation variety

shall be maintained in its region of origin.

By way of derogation from the certification requirements

provided for in sub-regulations (1) of regulation 7 and regulation

9 of the Seeds of Agricultural Plants and Vegetables Regulations,

2010, the Directorate may provide that the seed of a conservation

variety may be certified as certified seed of a conservation variety

if it meets the following requirements

(a) the seed originates from seeds produced according

to well defined practices for the maintenance of the

conservation variety;

(b) the seed shall comply with the requirements for

certification of certified seed provided for in sub-regulation

(5) of regulation 3 of the Seeds of Agricultural Plants and

Vegetables Regulations, 2010 except with the requirements

in respect of minimum varietal purity and the requirements

concerning official examination or examination under official

supervision; and

(c)

the seed shall have sufficient varietal purity.

By way of derogation from the certification requirements

provided for in sub-regulation (1) of regulation 7and regulation

9 of the Seeds of Agricultural Plants and Vegetables Regulations,

2010, the Directorate may provide that seeds of a conservation

variety be verified as standard seeds of a conservation variety if it

meets the following requirements

(a) the seed shall comply with the requirements for

the marketing of “standard seed” provided for in the Seeds

of Agricultural Plants and Vegetables Regulations, 2010

other than those requirements set out in respect of minimum

varietal purity; and

(b) the seed shall have sufficient varietal purity.

(1) The Directorate shall ensure that tests are carried

out in order to verify that seeds of a conservation variety comply

with the certification requirements provided for in regulation 11

and 12 of these regulations.

(2) The tests referred to in sub-regulation (1) hereof

shall be carried out in accordance with current international

methods, or in the absence of such, in accordance with any

appropriate methods.

(3) Samples taken for the tests referred to in sub-

regulation (1) hereof shall 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,

2010 shall be applied.

(1) The Directorate shall ensure that seeds of a Region of seed

conservation variety may only be produced in the region of origin. conservation variety.

If the seed cannot be produced in that region, owing to a specific

environmental problem, additional regions for seed production may

be approved by the Directorate taking into account information

from plant genetic resources authorities or from other organisations

or entities recognised as such by the Directorate. However, seed

produced in such additional regions shall be used exclusively in

the region of origin.

(2) The Directorate shall notify the Commission and

the other Member States on the additional regions which it intends

to approve for seed production pursuant to sub-regulation (1)

hereof.

(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 14 of these

regulations; and

(b) marketing shall take place in their region of origin.

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

hereof, additional regions may be approved by the Directorate in

Malta for the marketing of seeds of a conservation variety provided

that those regions are comparable to the region of origin as regards

the natural and semi-natural habitats of such variety. If the

Directorate approves such additional regions, it shall ensure that the

amount of seed necessary for the production of at least the quantity

of seed referred to in regulation 16 hereof is reserved to conserve

the variety in its region of origin. The Directorate shall inform the

Commission and the other Member States of the approval of such

additional regions.

(3) If the Directorate approves additional regions for

seed production in accordance with regulation 14 hereof, it shall

not use the derogation provided for in sub-regulation (2) of this

regulation.

For each conservation variety, the quantity of seed

marketed per year shall not exceed the quantity necessary for

producing vegetables in terms of the number of hectares set out for

the respective species in Schedule I to these regulations.

(1) Before the commencement of each production

season, producers shall notify the Directorate of the size and

location of the area for the seed production.

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

regulation (1) hereof, the quantities referred to in regulation 16 of

these regulations are likely to be exceeded, the Directorate shall

allocate to each producer concerned the quantity which may be

marketed in the respective production season.

(1) The Directorate shall ensure that seeds of

conservation varieties shall be marketed only in closed packages

bearing a sealing device.

(2) Seed packages 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 with the supplier’s

label, or with the package.

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

regulation (2) hereof, the sealing system shall at least include 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 stamped notice which

shall include the following information

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

(b) the name and address of the person responsible for

affixing the labels or the identification mark of such person;

(c) the year of sealing expressed as: “sealed in (year)”,

or the year of the last sampling taken for the purposes of the

last testing of germination expressed as: “sampled in (year)”;

(d) the species;

(e) the denomination of the conservation variety;

(f) the words “certified seed of a conservation variety”

or “standard seed of a conservation variety”;

(g) the 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) the reference number of the lot given by the

person responsible for affixing the labels;

(j) the declared net or gross weight, or declared

number of seeds; and

(k) where the 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 or pure

seeds and the total weight.

(1) The Directorate shall ensure that seed of a

conservation variety marketed under these regulations is subject to

official post control by means of inspections carried out randomly

in order to verify its varietal identity and varietal purity.

(2) The official post control referred to in sub-

regulation (1) hereof shall be carried out in accordance with current

international methods, or, in the absence of such, in accordance

with any appropriate methods.

The Directorate shall ensure by means of official

monitoring carried out during production and marketing, that the

seeds of conservation varieties comply with these regulations,

particularly taking into account the variety, the location of the seed

production and quantities.

(1) Varieties developed for growing under particular

conditions may be accepted for inclusion in the national catalogues

subject to the requirements provided for in regulations 23 and 24 of

these regulations.

(2) A variety developed for growing under particular

conditions shall be accepted as a variety the seeds of which may

only be verified as “standard seed of a variety developed for

growing under particular conditions”. Such a variety shall be

entered into the Common Catalogue of varieties of vegetable

species as a “variety developed for growing under particular

conditions the seeds of which shall be verified in accordance with

regulation 27 of these regulations”.

(1) In order to be accepted as a variety developed for

growing under particular conditions, as referred to in sub-regulation

(2) of regulation 2 of these regulations, a variety shall be with no

intrinsic value for commercial crop production but developed for

growing under particular conditions.

(2) A variety shall be considered as having been

developed for growing under particular conditions if it has been

developed for growing under particular agro-technical, climatic or

pedological conditions.

(3) The Directorate may adopt its own provisions as

regards distinctness, stability and uniformity of varieties developed

for growing under particular conditions by way of derogation from

sub-regulation (1) (a) and (b) of regulation 3 of the Examination of

Varieties of Vegetable Species Regulations, 2007. In such cases, the

Directorate shall ensure that for the determination of distinctness

and stability, at least the characteristics referred to in the following

shall apply

(a) 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

Vegetable Species Regulations, 2007, which apply to those

species, or

(b) 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 Vegetable Species Regulations, 2007, which

apply to those species.

(4) For the assessment of uniformity, the provisions

of the Examination of Varieties of Vegetable Species Regulations,

2007 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.

Without prejudice to sub-regulation (4) of regulation Procedural

6 of the Seeds of Agricultural Plants and Vegetables Regulations, varieties developed

2010, no official examination shall be required if a decision is for growing under

taken by the Directorate regarding the acceptance of varieties

developed for growing under particular conditions based on the

following information

(a) the description of the variety developed for growing

under particular conditions 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 Directorate concerned;

(d) other information in particular that obtained from the

plant genetic resources authorities or from other organisations

or entities recognised as such by the Directorate.

A variety developed for growing under particular

conditions shall not be accepted for inclusion in the national

catalogue of varieties of vegetable species if

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

varieties of vegetable species as a variety other than a variety

developed for growing under particular conditions; or

(b) it was deleted from such catalogue during the years

2008 to 2010 or within the two years immediately following

the expiry period of the acceptance granted under sub-

regulation (11) of regulation 6 of the Seeds of Agricultural

Plants and Vegetables Regulations, 2010; or

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

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

Community plant variety rights or by a national plant variety

right, or an application for such a right is pending.

(1) With respect to denominations of varieties

developed for growing under particular conditions known prior

to 25th May 2000, the Directorate may permit derogations from

the provisions of Commission Regulation (EC) No 637/2009

establishing implementing rules as to the suitability of the

denominations of varieties of agricultural plant species and

vegetable species, except where such derogations would violate

prior rights of a third party protected under Article 2 of that

Regulation.

(2) Notwithstanding sub-regulation (6) of regulation

6 of the Seeds of Agricultural Plants and Vegetables Regulations,

2010 providing that a variety shall be known by the same name in

all Member States at the time of acceptance, the Directorate may

accept more than one name for a variety if the names concerned

are historically known.

By way of derogation from the certification requirements

provided for in sub-regulation (1) of regulation 7 and regulation

9 of the Seeds of Agricultural Plants and Vegetables Regulations,

2010, the Directorate may provide that seed of a variety developed

for growing under particular conditions be verified as standard seed

of a variety developed for growing under particular conditions if it

meets the following requirements

(a) the seed shall comply with the requirements for

the marketing of “standard seed” provided for in the Seeds

of Agricultural Plants and Vegetables Regulations, 2010

other than those requirements set out in respect of minimum

varietal purity; and

(b)

the seed shall have sufficient varietal purity.

(1) The Directorate shall ensure that tests are Seed testing

of varieties developed

carried out in order to verify that seeds of varieties developed for for growing under

growing under particular conditions comply with the certification particular conditions.

requirements provided for in regulation 27 hereof.

(2) The tests referred to in sub-regulation (1) hereof

shall be carried out in accordance with current international

methods, or in the absence of such, in accordance with any

appropriate methods.

For each variety developed for growing under particular Quantitative

restrictions

conditions, the quantity of seeds marketed in small packages shall for varieties developed

not exceed the maximum net weight set out for the respective for growing under

particular conditions.

species in Schedule II to these regulations.

(1) The Directorate shall ensure that seeds of varieties Sealing of packages

of varieties developed

developed for growing under particular conditions shall be for growing under

marketed only in closed packages bearing a sealing device.

particular conditions.

(2) Seed packages 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 with the supplier’s

label, or with the package.

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

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

label or the affixing of a seal.

Packages of seeds of varieties developed for growing Labeling of packages

under particular conditions shall bear a supplier’s label or a printed of

for growing under

or stamped notice which shall include the following information

particular conditions.

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

(b) the name and address of the person responsible for

affixing the labels or the identification mark of such person;

(c) the year of sealing expressed as: “sealed in (year)”,

or the year of the last sampling taken for the purposes of the

last testing of germination expressed as: “sampled in (year)”;

(d) the species;

(e) the denomination of the variety;

(f) the words “variety developed for growing under

particular conditions”;

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

responsible for affixing the labels;

(h) the declared net or gross weight, or declared

number of seeds; and

(i) where the 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 or pure

seeds and the total weight.

(1) The Directorate shall ensure that seed of a variety

developed for growing under particular conditions is subject to

official post control by means of inspections carried out randomly

in order to verify its varietal identity and varietal purity.

(2) The official post control referred to in sub-regulation (1)

hereof shall be carried out in accordance with current international

methods, or in the absence of such, in accordance with any

appropriate methods.

The Directorate shall ensure by means of official

monitoring carried out during production and marketing that

the seeds of varieties developed for growing under particular

conditions comply with these regulations, particularly taking into

account the variety and quantities.

Schedule I

Regulation 16

Quantitative restrictions for the marketing of seed of conservation varieties

Maximum number of hectares per

Botanical name

Member State for production of

vegetables per conservation variety

Allium cepa L. — Cepa group

Brassica oleracea L.

Brassica rapa L.

Capsicum annuum L.

Cichorium intybus L.

Cucumis melo L.

Cucurbita maxima Duchesne

Cynara cardunculus L.

Daucus carota L.

Lactuca sativa L.

Lycopersicon esculentum Mill.

Phaseolus vulgaris L.

Pisum sativum L. (partim)

Vicia faba L. (partim)

Allium cepa L. — Aggregatum group

Allium porrum L.

Allium sativum L.

Beta vulgaris L.

Citrullus lanatus (Thunb.) Matsum. et Nakai

Cucumis sativus L.

Cucurbita pepo L.

Foeniculum vulgare Mill.

Solanum melongena L.

Spinacia oleracea L.

Allium fistulosum L.

Allium schoenoprasum L.

Anthriscus cerefolium (L.) Hoffm.

Apium graveolens L.

Asparagus officinalis L.

Cichorium endivia L.

Petroselinum crispum (Mill.) Nyman ex A. W.

Hill

Phaseolus coccineus L.

Raphanus sativus L.

Rheum rhabarbarum L.

Scorzonera hispanica L.

Valerianella locusta (L.) Laterr.

Zea mays L. (partim)

Schedule II

Regulation 29

Maximum net weight per package

Maximum net weight per package

Botanical name

expressed in grams

Phaseolus coccineus L.

Phaseolus vulgaris L.

Pisum sativum L. (partim)

Vicia faba L. (partim)

Spinacia oleracea L.

Zea mays L. (partim)

Allium cepa L. (Cepa group, Aggregatum group)

Allium fistulosum L.

Allium porrum L.

Allium sativum L.

Anthriscus cerefolium (L.) Hoffm.

Beta vulgaris L.

Brassica rapa L.

Cucumis sativus L.

Cucurbita maxima Duchesne

Cucurbita pepo L.

Daucus carota L.

Lactuca sativa L.

Petroselinum crispum (Mill.) Nyman ex A. W.

Hill

Raphanus sativus L.

Scorzonera hispanica L.

Valerianella locusta (L.) Laterr.

Allium schoenoprasum L.

Apium graveolens L.

Asparagus officinalis L.

Brassica oleracea L. (all)

Capsicum annuum L.

Cichorium endivia L.

Cichorium intybus L.

Citrullus lanatus (Thunb.) Matsum. et Nakai

Cucumis melo L.

Cynara cardunculus L.

Lycopersicon esculentum Mill.

Foeniculum vulgare Mill.

Rheum rhabarbarum L.

Solanum melongena L.

€0.84