Regulations, 2012

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,894, 23 ta’ Marzu, 2012

L.N. 99 of 2012

PLANT QUARANTINE ACT

(CAP. 433)

Plant Quarantine (Harmful Organisms) (Amendment)

Regulations, 2012

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 Plant Quarantine Citation.

(Harmful Organisms) (Amendment) Regulations, 2012, and these

regulations shall be read and construed as one with the Plant

Quarantine (Harmful Organisms) Regulations, hereinafter referred to S.L. 433.03

as "the principal regulations".

Regulation 3 of the principal regulations shall be amended Amendment of

regulation 3 of

as follows

the principal

regulations.

(a)

immediately after the definition "the Act" there shall

be added the following new definition

" "authorisation" means any authorisation granted

under these regulations and, for the purpose of Schedule

VIII, it shall mean an authorisation granted for the issue of

the Plant Health Clearance Document (PHCD) for any

consignment, importation or exportation of plants, plant

products or other phytosanitary objects

Provided that such definition may be amended as

the Directorate may from time to time determine;"; and

(b) immediately after the definition "consignment"

there shall be added the following new definition

" "Customs" means the Comptroller of Customs

and includes any officer or employee of his department

having the authority to act on his behalf;".

Paragraph (c) of regulation 16 of the principal regulations Amendment of

regulation 16 of

shall be substituted by the following new paragraph

the principal

regulations.

"(c) where it is satisfied that the requirements under

regulation 15 have been complied with, the Director shall issue

a Plant Health Clearance Document (PHCD) in terms of

Schedule VIII. Such document shall contain a document

reference number to be provided by the Directorate. Part A of

the document shall be filled by the Customs Department, Part B

of the document shall be filled by the inspector and Part C of the

document shall be filled by the Directorate accordingly.

Without prejudice to what is mentioned in this paragraph, all

information provided under Documentary checks, Identity

check and Plant Health Check contained under Part B of the

Document including the declaration form under point 15 of such

Part shall be filled by the inspector followed by his

authorisation by means of an official rubber stamp. Upon the

granting of the authorisation, one copy of the PHCD shall be

forwarded to the Customs, another copy shall be forwarded to

the importer and another copy shall be retained by the

Directorate.".

Schedule VIII to the principal regulations shall be

substituted by the following new Schedule

"Schedule VIII

Importer

GOVERNMENT OF MALTA

Plant Health Directorate - MALTA

PHCD - Plant Health Clearance Document

No

Ministry for Resources and Rural Affairs

PART A

1. Identification of Consignment

2. Plant, Plant product or other object (Botanical name) ___________________________________________________

3. Taric code of the Commodity/ies ___________________________________________________________________

4. Reference number of required Phytosanitary Documentation: _____________________________________________

Country of issue: __________________________ 6. Date of Issue / Examined: ______________ / ______________

Distinguishing marks (number, number of packages, amount(weight/units) AWB/BOL

Container/s No/s

Customs Reference No

PART B

MOR Registration number :_________________

Name and Address of the Importer

Name and Address of the Exporter _________________________________________________________________

The consignment contains produce of phytosanitary importance and is subject to an inspection

in terms of the Plant Quarantine (Harmful Organisim) Regulation (LN 97 of 2004).

Documentary checks

Service Stamp

Place / Date

Name

Signature of Inspector

Identity check

Service stamp

Place / Date

Name

Signature of Inspector

Plant Health Check

Service stamp

Place / Date

Name

Signature of Inspector

I, ____________________________________ hereby declare that the information above is correct, and allow the

use of the information within this document for internal purpose of the Directorate.

Signature

Date

PART C

Decision

Not Released

Destruction

Released

Appropriate Treatment

Quarantine Period

Movement outside the EU

Removal of Infected/Infested part

Remarks

Personal information provided on this form is protected and used in accordance with the provisions of the Data Protection Act (CAP. 440).

".

B

€0.18