Fruit Trees Propagation Material (Amendment) Regulations,

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,775, 8 ta’ Lulju, 2011

Taqsima B

L.N. 270 of 2011

PLANT QUARANTINE ACT

(CAP. 433)

Fruit Trees Propagation Material (Amendment) Regulations,

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 Fruit Trees Title and scope.

Propagation Material (Amendment) Regulations, 2011 and they

shall be read and construed as one with the Fruit Trees Propagation

Material Regulations, 2010, hereinafter referred to as “the principal L.N. 223 of 2010.

regulations”.

(2) These regulations transpose Commission Decision

2010/781/EU as regards the extension of the period of validity of

equivalence relating to import conditions for fruit plant propagating

material and fruit plants intended for fruit production from third

countries amending Council Directive 92/34/EEC on marketing

of fruit plant propagating material and fruit plants intended for

fruit production which in the interests of clarity owing to several

substantial amendments should be recast by Council Directive

2008/90/EC as amended by Commission Decision 2010/777/EC

as regards the extension of the period of validity of equivalence

relating to import conditions for fruit plant propagating material

and fruit plants intended for fruit production from third countries.

Regulation 3 of the principal regulations shall be amended Amends regulation

as follows

(a)

the definition “the Department” shall be deleted;

(b) immediately after the definition “the Director”

there shall be inserted the following new definition

“ “the Directorate” means the Directorate

responsible for plant health;”; and

(c) for the words “the Department”, wherever they

occur in the principal regulations, there shall be substituted

the words “the Directorate”.

Regulation 16 of the principal regulations shall be

substituted as follows

(1) In order to prevent trade patterns from

“Equivalence.

being disrupted, Malta when importing fruit plant

propagating material and fruit plants from third countries

shall be allowed to apply conditions equivalent to those

applicable to similar Union products in accordance

with sub-regulation (3) hereof. The application of such

conditions for importation of propagating material and

fruit plants produced in a third country affording the

same guarantees complying with these regulations and

to which the derogation mentioned in sub-regulation

(3) hereof refers shall be allowed for a period which

is consistent with the transitional period referred to in

regulation 18 of these regulations.

(2) In accordance with the Standing

Committee procedure on Propagating Material and

Plants of Fruit Genera and Species, it shall be decided

by the Commission whether propagating material and

fruit plants produced in a third country and affording

the same guarantees as regards obligations on the

supplier, identity, characteristics, plant health, growing

medium, packaging, inspection arrangements, marking

and sealing, are equivalent in all these respects to

propagating material and fruit plants produced in the

Community and complying with the requirements and

conditions of these regulations.

(3) Pending the decision referred to in

sub-regulation (2) hereof, the Directorate may, until

31st December, 2018 and without prejudice to the

provisions of the Plant Quarantine (Harmful Organisms)

Regulations, 2004, apply to the import of propagating

material and fruit plants from third countries conditions

at least equivalent to those indicated, on a temporary or

permanent basis, in the specific requirements adopted

pursuant to regulation 5 of these regulations. If such

conditions are not laid down in the specific requirements,

the conditions for importation must be at least equivalent

to those applicable to production in Malta.

(4) Propagating material and fruit plants

imported by Malta in accordance with a decision taken

by the Directorate in accordance with sub-regulation (3)

hereof shall not be subject to marketing restrictions in

the other Member States as regards the matters referred

to in sub-regulation (2) hereof

Provided that notwithstanding the entry into

force of these regulations, the Directorate may until

31st December, 2018, allow the importation from third

countries of propagation material and fruit plants which

existed prior to 30th September, 2012, which satisfy the

conditions for importation prescribed in regulation 5 of

these regulations before 31st December, 2018.”.

B

€018