Seeds of Agricultural Plants and Vegetables

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,516, 24 ta’ Diċembru, 2015

L.N. 428 of 2015

PLANT QUARANTINE ACT

(CAP. 433)

Seeds of Agricultural Plants and Vegetables

(Amendment No. 2) 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 has made the following

regulations:-

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

Agricultural Plants and Vegetables (Amendment No. 2) Regulations, scope.

2015, and these regulations shall be read and construed as one with

the Seeds of Agricultural Plants and Vegetables Regulations, S.L. 433.21

hereinafter referred to as "the principal regulations".

(2) The scope of these regulations is to transpose part of

Commission Implementing Directive 2014/21/EU determining Union

grades for pre-basic seed potatoes and Commission Implementing

Directive 2014/20/EU determining Union grades of basic and

certified seed potatoes and the conditions and designations applicable

to such grades.

Immediately after regulation 34 of the principal Adds new

regulations to

regulations, there shall be added the following new regulations

the principal

regulations.

" Union grades

35. Pre-basic seed potatoes may be

of pre-basic

marketed as "Union grades PBTC" and "Union

seed potatoes.

grade PB" in accordance with the conditions set

out in Schedule III

36. (1) Basic seed potatoes may be

Union grades

of basic seed

marketed as "Union grade S" if they fulfil the

potatoes.

following conditions

(a)

the potatoes have been found

by official inspection to fulfil the

conditions as set out in point (1)(a) of

Schedule III; and

(b) their lots have been found by

official inspection to fulfil the conditions,

as set out in point (1)(b) of that Schedule.

(2) Basic seed potatoes may be marketed

as "Union grade SE" if they fulfil the following

conditions

(a)

the potatoes have been found

by official inspection to fulfil the

conditions, as set out in point (2)(a) of

Schedule III; and

(b) their lots have been found by

official inspection to fulfil the conditions,

as set out in point (2)(b) of that Schedule.

(3) Basic seed potatoes may be marketed

as "Union grade E" if they fulfil the following

conditions

(a)

the potatoes have been found

by official inspection to fulfil the

conditions, as set out in point 3(a) of

Schedule III; and

(b) their lots have been found by

official inspection to fulfil the conditions,

as set out in point (3)(b) of that Schedule.

37. (1) Certified seed potatoes may be

Union grades

of certified

marketed as "Union grade A" if they fulfil the

seed potatoes.

following conditions

(a)

the potatoes have been found

by official inspection to fulfil the

conditions, as set out in point (1)(a) of

Schedule III; and

(b) their lots have been found by

official inspection to fulfil the conditions,

as set out in point (1)(b) of that Schedule.

(2) Certified seed potatoes may be

marketed as "Union grade B" if they fulfil the

following conditions

(a)

the potatoes have been found

by official inspection to fulfil the

conditions, as set out in point (2)(a) of

Schedule III; and

(b) their lots have been found by

official inspection to fulfil the conditions,

as set out in point (2)(b) of that Schedule.".

Immediately after the words "Total tolerance for sub-

paragraphs (b) to (g): 6.0% by mass for basic seed potatoes and 8.0%

by mass for certified seed potatoes." at the end of Section III of

Schedule III to the principal regulations, there shall be added the

"Conditions for placing on the market of pre-basic seed

potatoes as "Union grades PBTC and PB"

1. The conditions for pre-basic seed potatoes of "Union grade

PBTC" shall be as follows

(a)

Conditions concerning seed potatoes

(i) plants not breeding true to the variety, or

plants of a different variety, shall not be present in the

(ii) plants affected by blackleg shall not be

present in the crop;

(iii) in the direct progeny, virus infection shall not

be present in the crop;

(iv) plants with mosaic symptoms or symptoms

caused by leaf roll virus shall not be present in the crop;

(v) the plants, including tubers, are produced

through micro-propagation;

(vi) the plants, including tubers, are produced in a

protected facility and in a growing medium which is free

from pests; and

(vii) tubers shall not be multiplied beyond the first

generation.

(b) Lots shall be free from seed potatoes falling under

any of the following points

(i)

they are affected by rots;

(ii) they are affected by black scurf;

(iii) they are affected by common scab;

(iv) they are affected by powdery scab;

(v) they have become excessively shrivelled due

to dehydration; and

(vi) they have external blemishes, including

misshapen or damaged tubers.

2. The conditions for pre-basic seed potatoes of "Union grade

PB" shall be as follows

(a)

Conditions concerning seed potatoes

(i) the number of plants not breeding true to the

variety and the number of plants of a different variety

together, shall not exceed 0.01%;

(ii)

plants shall be free from symptoms of

blackleg;

(iii) the number of growing plants with mosaic

symptoms or symptoms caused by leaf roll virus shall not

exceed 0.1%; and

(iv) in the direct progeny, the number of plants

with symptoms caused by any virus, shall not exceed

(b) Tolerances applicable to lots, as regards the

following impurities, blemishes and diseases

(i) seed potatoes affected by rots, other than ring

rot or brown rot, shall not exceed 0.2% by mass;

(ii) seed potatoes affected by black scurf over

more than 10.0% of their surface, shall not exceed 1.0% by

(iii) seed potatoes affected by common scab over

more than one third of their surface, shall not exceed 5.0%

by mass;

(iv) seed potatoes affected by powdery scab over

more than 10.0% of their surface, shall not exceed 1.0% by

(v) shrivelled

tubers

due

to

excessive

dehydration or dehydration caused by silver scurf, shall not

exceed 0.5% by mass;

(vi) seed potatoes with external blemishes,

including misshapen or damaged tubers, shall not exceed

3.0% by mass;

(vii) the presence of earth and extraneous matter

shall not exceed 1.0% by mass; and

(viii) the total percentage of seed potatoes covered

by tolerances, as referred to in points (i) to (vi), shall not

exceed 6.0% by mass.

Conditions for placing on the market of basic seed potatoes

as "Union grades S, SE and E"

1. The conditions for basic seed potatoes of "Union grade S"

shall be as follows

(a)

Conditions concerning seed potatoes

(i) the number of plants not breeding true to the

variety and the number of plants of a different variety

shall, together, not exceed 0.1%;

(ii) the number of growing plants affected by

blackleg shall not exceed 0.1%;

(iii) in the direct progeny, the number of plants

with symptoms of virus infection shall not exceed 1.0%;

(iv) the number of growing plants with mosaic

symptoms and the number of plants with symptoms caused

by leaf roll virus shall, together, not exceed 0.2%;

(v) the number of generations, including pre-

basic in the field and basic generations, shall be restricted

to five; and

(vi) if the generation is not indicated on the

official label, the potatoes concerned shall be considered as

belonging to the fifth generation.

(b) Tolerances applicable to lots, as regards the

following impurities, blemishes and diseases

(i) seed potatoes affected by rots, other than ring

rot or brown rot, shall not exceed 0.5% by mass, of which

seed potatoes affected by wet rot shall not exceed 0.2% by

mass;

(ii) seed potatoes affected by black scurf over

more than 10% of their surface shall not exceed 5.0% by

mass;

(iii) seed potatoes affected by common scab over

more than one third of their surface shall not exceed 5.0%

by mass;

(iv) seed potatoes affected by powdery scab over

more than 10% of their surface shall not exceed 3.0% by

(v) shrivelled

tubers

due

to

excessive

dehydration or dehydration caused by silver scurf shall not

exceed 1.0% by mass;

(vi) seed potatoes with external blemishes,

including misshapen or damaged tubers, shall not exceed

3.0% by mass;

(vii) presence of earth and extraneous matter shall

not exceed 1.0% by mass; and

(viii) the total percentage of seed potatoes covered

by tolerances, as referred to in points (i) to (vi), shall not

exceed 6.0% by mass.

2. The conditions for basic seed potatoes of "Union grade

SE" shall be as follows

(a)

Conditions concerning seed potatoes

(i) the number of plants not breeding true to the

variety and the number of plants of a different variety

shall, together, not exceed 0.1%;

(ii) the number of growing plants affected by

blackleg shall not exceed 0.5%;

(iii) in the direct progeny the number of plants

with symptoms of virus infection shall not exceed 2.0%;

(iv) the number of growing plants with mosaic

symptoms or symptoms caused by leaf roll virus shall not

exceed 0.5%;

(v) the number of generations, including pre-

basic in the field and basic generations, shall be restricted

to six; and

(vi) if the generation is not indicated on the

official label, the potatoes concerned shall be considered as

belonging to the sixth generation.

(b) Tolerances applicable to lots, as regards the

following impurities, blemishes and diseases

(i) seed potatoes affected by rots, other than ring

rot or brown rot, shall not exceed 0.5% by mass, of which

seed potatoes affected by wet rot shall not exceed 0.2% by

mass;

(ii) seed potatoes affected by black scurf over

more than 10% of their surface shall not exceed 5.0% by

mass;

(iii) seed potatoes affected by common scab over

more than one third of their surface shall not exceed 5.0%

by mass;

(iv) seed potatoes affected by powdery scab over

more than 10% of their surface shall not exceed 3.0% by

mass;

(v) shrivelled

tubers

due

to

excessive

dehydration or dehydration caused by silver scurf shall not

exceed 1.0% by mass;

(vi) seed potatoes with external blemishes,

including misshapen or damaged tubers, shall not exceed

3.0% by mass;

(vii) presence of earth and extraneous matter shall

not exceed 1.0% by mass; and

(viii) the total percentage of seed potatoes covered

by tolerances, as referred to in points (i) to (vi), shall not

exceed 6.0% by mass.

3. The conditions for basic seed potatoes of "Union grade E"

shall be as follows

(a)

Conditions concerning seed potatoes

(i) the number of growing plants not breeding

true to the variety and the number of plants of a different

variety shall, together, not exceed 0.1%;

(ii) the number of growing plants affected by

blackleg shall not exceed 1.0%;

(iii) in the direct progeny the number of plants

with symptoms of virus infection shall not exceed 4.0%;

(iv) the number of growing plants with mosaic

symptoms or symptoms caused by leaf roll virus shall not

exceed 0.8%;

(v) the number of generations, including pre-

basic in the field and basic generations, shall be restricted

to seven; and

(vi) if the generation is not indicated on the

official label, the potatoes concerned shall be considered as

belonging to the seventh generation.

(b) Tolerances applicable to lots, as regards the

following impurities, blemishes and diseases

(i) seed potatoes affected by rots, other than ring

rot or brown rot, shall not exceed 0.5% by mass, of which

seed potatoes affected by wet rot shall not exceed 0.2% by

mass;

(ii) seed potatoes affected by black scurf over

more than 10% of their surface shall not exceed 5.0% by

mass;

(iii) seed potatoes affected by common scab over

more than one third of their surface shall not exceed 5.0%

by mass;

(iv) seed potatoes affected by powdery scab over

more than 10% of their surface shall not exceed 3.0% by

mass;

(v) shrivelled

tubers

due

to

excessive

dehydration or dehydration caused by silver scurf shall not

exceed 1.0% by mass;

(vi) seed potatoes with external blemishes,

including misshapen or damaged tubers, shall not exceed

3.0% by mass;

(vii) presence of earth and extraneous matter shall

not exceed 1.0% by mass; and

(viii) the total percentage of seed potatoes covered

by tolerances, as referred to in points (i) to (vi), shall not

exceed 6.0% by mass.

Conditions for placing on the market of certified seed

potatoes as "Union grades A and B"

1. The conditions for certified seed potatoes of "Union grade

A" shall be as follows

(a)

Conditions concerning seed potatoes

(i) the number of plants not breeding true to the

variety and the number of plants of a different variety

shall, together, not exceed 0.2%;

(ii) the number of growing plants affected by

blackleg shall not exceed 2.0%;

(iii) in the direct progeny the number of plants

with symptoms of virus infection shall not exceed 8.0%;

and

(iv) the number of growing plants with mosaic

symptoms or symptoms caused by leaf roll virus shall not

exceed 2.0%.

(b) Tolerances applicable to lots, as regards the

following impurities, blemishes and diseases

(i) seed potatoes affected by rots, other than ring

rot or brown rot, shall not exceed 0.5% by mass, of which

seed potatoes affected by wet rot shall not exceed 0.2% by

mass;

(ii) seed potatoes affected by black scurf over

more than 10% of their surface shall not exceed 5.0% by

mass;

(iii) seed potatoes affected by common scab over

more than one third of their surface shall not exceed 5.0%

by mass;

(iv) seed potatoes affected by powdery scab over

more than 10% of their surface shall not exceed 3.0% by

mass;

(v) shrivelled

tubers

due

to

excessive

dehydration or dehydration caused by silver scurf shall not

exceed 1.0% by mass;

(vi) seed

potatoes

with

external

blemishes,

including misshapen or damaged tubers, shall not exceed

3.0% by mass;

(vii) presence of earth and extraneous matter shall

not exceed 2.0% by mass; and

(viii) the total percentage of seed potatoes covered

by tolerances, as referred to in points (i) to (vi), shall not

exceed 8.0% by mass.

2. The conditions for certified seed potatoes of "Union grade

B" shall be as follows

(a)

Conditions concerning seed potatoes

(i) the number of plants not breeding true to the

variety and the number of plants of a different variety

shall, together, not exceed 0.5%;

(ii) the number of growing plants affected by

blackleg shall not exceed 4.0%;

(iii) in the direct progeny the number of plants

with symptoms of virus infection shall not exceed 10.0%;

and

(iv) the number of growing plants with mosaic

symptoms or symptoms caused by leaf roll virus shall not

exceed 6.0%.

(b) Tolerances applicable to lots, as regards the

following impurities, blemishes and diseases

(i) seed potatoes affected by rots, other than ring

rot or brown rot, shall not exceed 0.5% by mass, of which

seed potatoes affected by wet rot shall not exceed 0.2% by

mass;

(ii) seed potatoes affected by black scurf over

more than 10% of their surface shall not exceed 5.0% by

mass;

(iii) seed potatoes affected by common scab over

more than one third of their surface shall not exceed 5.0%

by mass;

(iv) seed potatoes affected by powdery scab over

more than 10% of their surface shall not exceed 3.0% by

mass;

(v) shrivelled

tubers

due

to

excessive

dehydration or dehydration caused by silver scurf shall not

exceed 1.0% by mass;

(vi) seed potatoes with external blemishes,

including misshapen or damaged tubers, shall not exceed

3.0% by mass;

(vii) presence of earth and extraneous matter shall

not exceed 2.0% by mass; and

(viii) the total percentage of seed potatoes covered

by tolerances, as referred to in points (i) to (vi), shall not

exceed 8.0% by mass.".

B

€0.54