Plant Quarantine (Harmful Organisms)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,474, 15 ta’ Settembru, 2015

L.N. 293 of 2015

PLANT QUARANTINE ACT

(CAP. 433)

Plant Quarantine (Harmful Organisms)

(Amendment) Regulations, 2015

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

Quarantine Act, the Minister for Sustainable Development, the

Environment and Climate Change, in conjunction with the

Parliamentary Secretary for Agriculture, Fisheries and Animal

Rights, has made the following regulations:-

(1) The title of these regulations is the Plant Quarantine Citation and

(Harmful Organisms) (Amendment) Regulations, 2015, and these scope.

regulations shall be read and construed as one with the Plant S.L. 433.03

Quarantine (Harmful Organisms) Regulations, hereinafter referred to

as "the principal regulations".

(2) These regulations transpose Commission Implementing

Decision 2014/924/EU of 16 December 2014 providing for a

derogation from certain provisions of Council Directive 2000/29/EC

as regards wood and bark of ash (Fraxinus L.) originating in Canada

and the United States of America.

Immediately after regulation 4L of the principal Adds new

regulation to the

regulations, there shall be added the following new regulation

principal

regulations.

" Authorisation

(1)

By way of derogation from

for derogation,

Article 5(1) of Directive 2000/29/EC in

Commission

conjunction with points 2.3, 2.4, and 2.5 of

Implementing

Decision 2014/

Section I of Part A of Annex IV to that

924/EU.

Directive, for the period starting from the

seventh of January 2015 and expiring on the

thirty-first of December 2015, the competent

authority is hereby providing for derogations

allowing the introduction into Malta wood and

isolated bark of ash (Fraxinus L.), originating in

Canada and the United States of America, which

satisfy the conditions set out in the Annex to

Commission Implementing Decision 2014/924/

EU.

(2) By way of derogation from Article

5(1) of Directive 2000/29/EC in conjunction

with point 2.5 of Section I of Part A of Annex IV

to that Directive, for the period starting from the

seventh of January 2015 and expiring on the

thirty-first of December 2015, the competent

authority is hereby providing for derogations

allowing the introduction into Malta of objects

made of bark ash (Fraxinus L.), originating in

Canada and the United States of America, which

satisfy the conditions set out in point (4) of the

Annex to Commission Implementing Decision

2014/924/EU.

(3) The phytosanitary certificate, as set

out in Article 13(1)(ii) of Directive 2000/29/EC,

shall be issued in either Canada or the United

States of America. It shall include under the

"Additional declaration" the following elements

(a)

a statement "In accordance

with EU requirements laid down in

Commission Implementing Decision 2014/

924/EU";

(b) where applicable, an indication

of which condition is satisfied as set out in

point (1), (2) or (3) of the Annex to

Commission Implementing Decision 2014/

924/EC;

(c)

where applicable, the name of

the pest free area within the meaning of

points (1), (2) or (3) of the Annex to

Commission Implementing Decision 2014/

924/EC.

(4) The Director shall notify the

Commission and other Member States of each

consignment introduced into Malta pursuant to

Commission Implementing Decision 2014/924/

EU which were found not to comply with the

conditions set out in the Annex to the said

Decision

Provided that the notification shall

take place not later than three working days after

the date of the interception of such a

consignment."

€0.09