Plant Quarantine (Harmful Organisms)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,918, 12 ta’ Diċembru, 2017

L.N. 354 of 2017

PLANT QUARANTINE ACT

(CAP. 433)

Plant Quarantine (Harmful Organisms)

(Amendment) Regulations, 2017

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

Quarantine Act, the Minister responsible for the Environment,

Sustainable Development and Climate Change in concurrence with the

Minister responsible for Finance has made the following regulations:-

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

(Harmful Organisms) (Amendment) Regulations, 2017, and these

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".

(Regulation 19A)

FEES TO COVER THE COSTS FOR DOCUMENTARY, IDENTITY,

PLANT HEALTH AND QUALITY CHECKS AT THE POINT OF

IMPORTATION

Item

Quantity

Fee

(EURO)

(a) for documentary checks

Per consignment

7.00

(b) for identity checks

Per consignment

- Up to a size of a truck load,

or the load of a container of

comparable size

7.00

- Bigger than the above size

14.00

(c) for plant health and quality

checks, in accordance with the

following specifications

Per consignment

- Up to 10,000 in number

17.50

- Cuttings and seedlings (except

forest reproductive material),

- For each additional 1,000

young plants of strawberries or

units

0.70

of vegetables

- Maximum price

140.00

- Shrubs, trees (other than cut Per consignment

Christmas trees) and, other - Up to 1,000 in number

17.50

woody

nursery

plants

- For each additional 100 units

0.44

including forest reproductive

- Maximum price

material (other than seed)

140.00

Per consignment

- Up to 200 kg of weight

17.50

- Bulbs, corms, rhizomes and

tubers, intended for planting

- For each additional 10 kg

(other than tubers of potatoes)

0.16

- Maximum price

140.00

- Seeds, tissue cultures

Per consignment

- Up to 200 kg of weight

7.50

- For each additional 10 kg

0.175

- Maximum price

140.00

- Other plants intended for

Per consignment

- Up to 5,000 in number

17.50

planting, not specified

- For each additional 100 units

elsewhere in this table

0.18

- Maximum price

140.00

- Cut flowers

Per consignment

- Up to 20,000 in number

17.50

- For each additional 1,000

units

0.14

- Maximum price

140.00

- Branches with foliage and Per consignment

parts of conifers (other than cut - Up to 100 kg of weight

17.50

Christmas trees)

- For each additional 1,000 kg

1.75

- Maximum price

140.00

- Cut Christmas trees

Per consignment

- Up to 1,000 in number

17.50

- For each additional 100 units

1.75

- Maximum Price

140.00

- Leaves of plants, such as Per consignment

herbs,

spices

and

leafy - Up to 100 kg of weight

vegetables

17.50

- For each additional 10 kg

1.75

- Maximum price

140.00

- Fruits and vegetables (other Per consignment

than leafy vegetables)

- Up to 25,000 kg of weight

17.50

- For each additional 1,000 kg

0.70

- Tubers of potatoes

Per lot

- Up to 25,000 kg of weight

Regulation 2 of the principal regulations shall be Substitutes

regulation 2 of

substituted by the following

the principal

regulations.

2. (1)

The scope of these regulations is

"Scope and

applicability.

(a) to make provision to safeguard against

the introduction and spread in Malta of harmful

organisms; and

(b) to transpose the following Directives,

Decisions and/or their amendments

(i) Council Directive 2000/29/EC on

protective measures against the introduction

into the community of organisms harmful to

plants and plant products and against their

spread within the community and to make

provision to safeguard against the introduction

and spread in Malta of harmful organisms;

(ii) Commission

Implementing

Decision 2012/535/EU of 26 September 2012

on emergency measures to prevent the spread

within the Union of Bursaphelenchus

xylophilus (Steiner et Buhrer) Nickle et al. (the

pine wood nematode);

(iii) Commission

Implementing

Decision 2012/270/EU of 16 May 2012 as

regards emergency measures to prevent the

introduction into and the spread within the

Union of Epitrix cucumeris (Harris), Epitrix

similaris (Gentner), Epitrix subcrinita (Lec.)

and Epitrix tuberis (Gentner);

(iv) Commission

Implementing

Decision 2012/138/EU of 1 March 2012 as

regards emergency measures to prevent the

introduction into and the spread within the

Union of Anoplophora chinensis (Forster);

(v) Commission Decision 2002/757/

EC of 12 September 2002 on provisional

emergency phytosanitary measures to prevent

the introduction into and spread within the

Community of Phytophthora ramorum

Werres, De Cock & Man in ‘t Veld sp.nov.;

(vi) Commission Decision 2007/433/

EC of 18 June 2007 on provisional emergency

measures to prevent the introduction into and

the spread within the Community of

Gibberella circinata Nirenberg & O’Donnell;

(vii) Commission

Implementing

Decision (EU) 2016/715 of 11 May 2016

setting out measures in respect of certain fruits

originating in certain third countries to prevent

the introduction into and the spread within the

Union of the harmful organism Phyllosticta

citricarpa (McAlpine) Van der Aa;

(viii) Commission

Implementing

Decision (EU) 2015/893 of 9 June 2015 as

regards measures to prevent the introduction

into and the spread within the Union of

Anoplophora glabripennis (Motschulsky); and

(ix) Commission Implementing Decision

2011/787/EU of 29 November 2011

authorising Member States temporarily to take

emergency measures against the dissemination

of Ralstonia solanacearum (Smith) Yabuuchi

et al. as regards Egypt.

(2) These regulations shall apply to any

movement and introduction of plant, plant products and

other objects specified in these regulations whether within

or into Malta.".

(Regulation 19A)

FEES TO COVER THE COSTS FOR INSPECTIONS CARRIED OUT FOR

THE ISSUING OF PLANT PASSPORTS, PHYTOSANITARY

CERTIFICATES, SUPPLIERS DOCUMENTS AND CERTIFICATION

LABELS

Item

Quantity

Fee

(EURO)

(a) for documentary checks

Per consignment

7.00

(b) for identity checks

Per consignment

- Up to a size of a truck load,

or the load of a container of

comparable size

7.00

- Bigger than the above size

14.00

(c) for plant health and quality

checks, in accordance with the

following specifications

Per consignment

- Up to 10,000 in number

17.50

- Cuttings and seedlings (except

forest reproductive material),

- For each additional 1,000

young plants of strawberries or

units

0.70

of vegetables

- Maximum price

140.00

- Shrubs, trees (other than cut Per consignment

Christmas trees) and other - Up to 10,000 in number

17.50

woody nursery plants including

- For each additional 100 units

0.44

forest reproductive material

- Maximum price

(other than seed)

140.00

- Bulbs, corms, rhizomes and Per consignment

tubers, intended for planting - Up to 200 kg of weight

17.50

(other than tubers of potatoes)

- For each additional 10 kg

0.16

- Maximum price

140.00

- Seeds and plant tissue cultures Per consignment

- Up to 200 kg of weight

- For each additional 10 kg

- Maximum price

- Other plants intended for Per consignment

planting,

not

specified - Up to 5,000 in number

elsewhere in this table

- For each additional 100 units

- Maximum price

- Cut flowers

Per consignment

- Up to 20,000 in number

- For each additional 1,000

units

- Maximum price

- Tubers of potatoes (for export Per lot

including inspection and tests - Up to 25,000 kg of weight

but excluding the cost of the

- For each additional 25,000

phytosanitary certificate)

kg

- Grain (for re-export including Per consignment

tests but excluding the cost of - Up to 100,000 kg of weight

the phytosanitary certificate

- For each additional 100,000

and transport)

kg

- Other plants or plant products - Minimum charge inspection

not specified elsewhere in this

for

table including fumigated wood the first 2 hours

packaging material (excluding

- Each additional hour

transport)

(d)Issue

of

a

Phytosanitary

Certificate for

Per consignment of less than

a container

Export or re-export

Per container

Grain for re-export

Per Ship

38. The Plant Quarantine (Fees) Regulations, the Recognition Revocation.

433.01.

of Protected Zones (Surveys) Regulations, the Protected Zones S.L.

(Movement) Regulations, the Plant Health Checks Regulations, the S.L.

433.09.

Identity and Plant Health Checks of Plants, Plant Products and other S.L. 433.17.

Objects carried out at a place other than point of entry into the S.L.

433.19.

European Community Regulations, the Model Phytosanitary

Certificates Regulations and the Standardization and Issue Procedures

of Plant Passports Regulations are hereby being revoked.

€2.61

Regulation 3 of the principal regulations shall be amended

as follows

(a) immediately before the definition "the Act" there shall be

added the following new definition

" "accompanying document" means any document which is

normally used for trade purposes;";

(b) in the definition "authorization", the words "Plant Health

Clearance Document (PHCD)" shall be substituted by the words "Plant

Health Movement Document (PHMD)";

(c) in the definition "consignment" for the word "rneans" there

shall be substituted the word "means";

(d) the definition "Customs" shall be substituted by the

following;

" "Customs" means the Comptroller of Customs and

includes any officer or employee of his department having the

authority to act on his behalf"; and

(e) immediately after the definition "Customs" there shall be

added the following new definition

" "Directorate" means the Directorate or Department

responsible for Plant Health".

(f)

the definition "wood" shall be substituted by the following;

"Wood" means, save where it is expressly provided

otherwise in these regulations, wood that retains all or part of its

natural round surface, with or without bark, or as it is in the form

of chips, particles, sawdust, wood waste or scrap. Save for the

purpose of the provisions relating to Schedule V, wood, whether

satisfying the conditions referred to in the first sub-paragraph or

not, is also concerned where it is in the form of dunnage, spacers,

pallets or packing material which are actually in use in the

transport of objects of all kinds, provided that it presents a plant

health risk.".

Sub-paragraph (iii) of the proviso to paragraph (d) of Amends

regulation 4 of the principal regulations shall be substituted by the regulation

the principal

following

regulations.

"(iii) constitute of –

-

fruit and raw vegetables which do not exceed an

aggregate weight of 0.5 kilograms; or

-

one bouquet of cut flowers; or

-

one original retail packet of seeds, that is a packet of a

size normally used to sell seeds in question to

consumers for non-commercial use; or

-

bulbs, corms, tubers or rhizomes which do not exceed

an aggregate weight of 0.5 kilogram.".

(1) Sub-regulation (4) of regulation 4B of the principal Amends

regulation 4B of

regulations shall be substituted by the following

the principal

regulations

"(4) The territory of Malta may apply the derogations

mentioned in sub-regulation (1) to plants imported into the

Community in the following periods as follows

(a)

Pinus, from 1 January 2011 to 31 December

2020;

(b) Chamaecyparis, from 1 January 2011 to 31

December 2020;

(c) Juniperus, from 1 November to 31 March of

each year until 31 December 2020.".

Regulation 4C of the principal regulations shall be

amended as follows

(a) sub-regulation (2) thereof shall be deleted; and

(b) sub-regulations (3) and (4) thereof shall be re-numbered as

sub-regulations (2) and (3) respectively and sub-regulation (3) as re-

numbered shall be substituted by the following

"(3) The Director may apply the derogations mentioned in

sub-regulation (1) to Pinus and Chamaecyparis plants imported

into the Community in the period from 1 January 2011 to 31

December 2020, and to Juniperus plants imported into the

Community in the period from 1 November to 31 March of each

year until 31 December 2020.".

Regulation 4D of the principal regulations shall be deleted.

Regulation 4E of the principal regulations shall be

substituted by the following

"(1) The entry into Malta of tubers of Solanum tuberosum

L. which originate in Egypt shall be permitted if they have been

grown in areas included in the list of pest-free areas for Egypt

and if the requirements laid down in Schedule XVI are complied

with.".

Regulation 4H of the principal regulations shall be

substituted by the following

"4H. (1) For the purposes of this regulation, the

following definitions shall apply

"the harmful organism" means Phytophthora

ramorum Werres, De Cock & Man in ‘t Veld sp. Nov.;

"susceptible bark" means isolated bark of Acer

macrophyllum Pursh, Aesculus californica (Spach) Nutt.,

Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus

spp. L. and Taxus brevifolia Nutt.";

"susceptible plants" means plants, other than fruit and

seeds, of Acer macrophyllum Pursh, Acer pseudoplatanus

L., Adiantum aleuticum (Rupr.) Paris, Adiantum jordanii C.

Muell., Aesculus californica (Spach) Nutt., Aesculus

hippocastanum L., Arbutus menziesii Pursch., Arbutus

unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (l.)

Hull, Camellia spp. L., Castanea sativa Mill., Fagus

sylvatica L., Frangula californica (Eschsch.) Gray,

Frangula purshiana (DC.) Cooper, Fraxinus excelsior L.,

Griselinia littoralis (Raoul), Hamamelis virginiana L.,

Heteromeles arbutifolia (Lindley) M. Roemer, Kalmia

latifolia L., Laurus nobilis L., Leucothoe spp. D. Don,

Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera

hispidula (Lindl.) Dougl. Ex Torr.&Gray, Magnolia spp. L.,

Michelia doltsopa Buch.-Ham. ex DC, Nothofagus obliqua

(Mirbel) Blume, Osmanthus heterphyllus (G. Don) P. S.

Green, Parrotia persica (DC) C.A. Meyer, Photinia x

fraseri Dress, Pieris spp. D. Don, Pseudotsuga menziesii

(Mirbel) Franco, Quercus spp. L., Rhododendron spp. L.,

other than Rhododendron simsii Planch., Rosa gymnocarpa

Nutt., Salix caprea L., Sequoia sempervirens (Lamb. Ex

D.Don) Endl., Syringa vulgaris L., Taxus spp. L., Trientalis

latifolia (Hook), Umbellularia californica (Hook. & Arn.)

Nutt., Vaccinium ovatum Pursch and Viburnum spp. L.;

"susceptible wood" means wood of Acer

macrophyllum Pursh, Aesculus californica (Spach) Nutt.,

Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus

spp. L. and Taxus brevifolia Nutt.

(2) The introduction into the Community and spread

within the Community of non-European isolates of the harmful

organism shall be banned.

(3) (a)

(i) susceptible plants and susceptible wood

may only be introduced into Malta if they comply with the

emergency phytosanitary measures laid down in items 1(a) and 2

of Annex I of Commission Implementing Decision 2002/757/EC

as amended, if the formalities referred to in Regulation 19 are

completed and if, as a result of those formalities in respect of the

presence of non-European isolates of the harmful organism,

susceptible plants and susceptible wood are found free from the

harmful organism;

(ii) by way of derogation from sub-paragraph

(3)(a)(i), until 31 December 2026 bark-free sawn wood of

Quercus spp. L. originating in the United States of America may

be introduced into the Union without complying with item 2 of

Annex I of Commission Implementing Decision 2002/757/EC as

amended, provided that it complies with the conditions set out in

Annex II of the same mentioned Decision;

(b) the provisions specified in items 1(a) and 2 of

Annex I of Commission Implementing Decision 2002/757/ EC

as amended, shall apply only to susceptible plants and

susceptible wood originating in the United States of America

destined for the Community and leaving on or after 1 November

2002;

(c) the measures laid down in Part A, Section I (3)

of Schedule IV as regards wood of Quercus L., including wood

which has not kept its natural round surface, originating in the

United States of America, shall not apply to susceptible wood of

Quercus L. which satisfies the requirements of item 2(b) of

Annex I of Commission Implementing Decision 2002/757/EC as

amended;

(d) as of 1 November 2002 plants intended for

planting of Viburnum spp., Camellia spp. and Rhododendron

spp., other than Rhododendron simsii Planch, other than seeds,

originating in third countries, other than the United States of

America, introduced into the Community may only be moved in

the Community if they are accompanied by a plant passport

prepared and issued in accordance with to Regulation 10.

(4) Susceptible bark originating in the United States of

America shall not be permitted entry in the Community.

(5) (a) plants intended for planting of Viburnum spp.,

Camellia spp. and Rhododendron spp., other than Rhododendron

simsii Planch, other than seeds, originating in the Community

may not be moved within the Community unless they meet the

conditions laid down in item 3 of Schedule XXVIII. The

producers of these plants shall be registered in accordance with

the provisions laid down in regulation 6.

(b) registered producers shall notify the Directorate

of every suspected occurrence or confirmed presence of the

harmful organism on the place of production.

(6) The Director may take appropriate measures to carry

out official monitoring of movements of susceptible plants to

ascertain whether they comply with the conditions set out in this

regulation and Commission Implementing Decision 2002/757/

EC as amended.".

Regulation 4J of the principal regulations shall be deleted.

Regulations 4K and 4L of the principal regulations shall be Amends

re-numbered as regulations 4J and 4K respectively.

Regulation 4M of the principal regulations shall be deleted. Deletes

Immediately after regulation 4K as renumbered, there shall Adds new

be added the following new regulations

4L. (1) For the purpose of this regulation

"susceptible bark" means bark of conifers

issued in terms

(Coniferales);

"susceptible plants" means plants (other than fruit

Decision 2012/

and

seeds)

of Abies Mill., Cedrus Trew, Larix Mill.,

Picea A. Dietr., Pinus L., Pseudotsuga Carr. And Tsuga

Decision (EU) Carr.;

"susceptible wood" means wood of conifers

Implementing (Coniferales), which falls under one of the following

Decision (EU)

points

(i) wood within the meaning of these

regulations;

(ii) wood which has not retained its round

surface;

(iii) wood in the form of beehives and bird

nesting boxes; Susceptible wood does not mean

sawn wood and logs of Taxus L. and Thuja L., and

wood which has undergone processing eliminating

the risk of hosting PWN;

"vector" means beetles belonging to the genus

Monochamus Megerle in Dejean, 1821;

"wood packaging material" means wood or wood

products used in supporting, protecting or carrying a

commodity, in the form of packing cases, boxes, crates,

drums and similar packings, pallets, box pallets and

other load boards, pallet collars and dunnage, whether or

not actually in use in the transport of objects. Processed

wood produced by glue, heat or pressure or a

combination thereof and packaging material entirely

composed of wood of 6mm of thickness or less are

excluded.

(2) The following are the conditions for

movement of susceptible plants and susceptible wood

and bark within the Union;

(a) susceptible plants and susceptible

wood and bark shall only be moved from

demarcated areas into areas other than demarcated

areas and from infested zones into buffer zones, as

established in terms of Commission Implementing

Decision 2012/535/ EU, if the conditions, as set

out in Section 1 of Annex III of Commission

Implementing Decision 2012/535/EU are fulfilled;

(b) susceptible plants and susceptible

wood and bark shall only be moved within the

above-mentioned infested zones subject to

eradication measures if the conditions, as set out in

Section 2 of Annex III to Commission

Implementing Decision 2012/535/EU are fulfilled;

and

(c) the Director may restrict the movement of

susceptible plants and susceptible wood and bark within

the above-mentioned infested zones subject to

containment measures.

(3) Inspectors of the Directorate shall carry out

frequent random checks on susceptible plants and

susceptible wood and bark being moved from the above-

mentioned demarcated areas situated in Malta to areas

other than the demarcated areas and from the above-

mentioned infested zones situated in Malta to buffer

zones as established in terms of the said Commission

Implementing Regulation.

When deciding in a specific case where to

carry out the checks, inspectors shall base their decision

on the risk that the plants or wood and bark to be

checked carry live pine wood nematode, taking into

account the provenance of the consignments, the degree

of susceptibility of the plants and wood and bark

concerned, and past compliance with Commission

Implementing Decision 2012/535/EU and decision

2006/133/EC by the operator responsible for the

movement.

Checks of the above-mentioned plants and

wood and bark shall be carried out in the following

places

(a) at the points where they are moved

from infested zones into buffer zones;

(b) at the points where they are moved

from buffer zones into non-demarcated areas;

(c) at their place of destination in the

buffer zone; and

(d) at their place of origin in the infested

zone, such as sawmills, from which they are

moved out of the infested zone

Provided that the Director may decide to carry out

checks additionally in other places than those referred to

in paragraphs (a) to (d).

These checks shall include a documentary check as

regards the requirements laid down in Section 1 of

Annex III to Commission Implementing Decision 2012/

535/EU, an identity check and, in the case of non-

compliance or a suspicion of non-compliance or a

suspicion of non-compliance with those requirements, a

plant heath check which includes testing for the

presence of pine wood nematode.

(4) Inspectors of the Directorate shall carry out

random checks on the above-mentioned plants and wood

and bark being moved from demarcated areas as

mentioned above situated outside Malta into areas in

Malta other than demarcated areas.

These checks shall include a documentary check as

regards the requirements laid down in Section 1 of

Annex III to Commission Implementing Decision 2012/

535/EU, an identity check and a plant health check

which includes testing for the presence of pine wood

nematode.

(5) The Directorate shall, by 30 April of each

year, communicate to the other Member States and the

Commission the time and results of the checks referred

to in sub-regulations (3) and (4) carried out during the

preceding year.

Where the results of the checks show that

pine wood nematode is present in susceptible plants and

susceptible wood and bark, the Director shall

immediately notify the Commission and the other

Member States of the finding.

(6) Where the checks referred to in sub-

regulations (4) and (5) show that Section 1 or 2 of

Annex III to Commission Implementing Decision 2012/

535/EU is not complied with, the Inspector of the

Directorate which carried out those checks shall

immediately subject the non-compliant material to one

of the following measures

(a) destruction;

(b) movement under official supervision to

a treatment facility specifically authorised for this

purpose, where it is subjected to a heat treatment

to achieve a minimum temperature of 56˚C for at

least 30 minutes throughout the above-mentioned

wood and bark ensuring freedom from live pine

wood nematode and live vectors; and

(c) where the non-compliant material

consists of wood packaging material actually in

use in the transport of objects, and without

prejudice to Annex III to Commission

Implementing Decision 2012/535/EU, return

under official supervision to the place of dispatch,

or a location nearby the location of interception,

for repackaging of those objects and destruction of

that wood packaging material, while avoiding any

risk of spreading pine wood nematode.

(7) (a) in the case where a demarcated area is

established in the Maltese Islands, the Director shall

authorise treatment facilities adequately equipped to

carry out one or more of the following tasks, as set out in

Annex III of Commission Implementing Decision 2012/

535/EU

(i) treatment of susceptible wood and

bark, as set out in item 2(a) of Section 1 of that

Annex and item (c) of the first sub-paragraph of

item 2 of Section 2 of that Annex;

(ii) issuing of plant passports referred to in

Regulation 10 for susceptible wood and bark

treated by the treatment facility concerned in

accordance with item (a) of this sub-paragraph, as

set out in item 2(b) of Section 1 of Annex III and

item (b) of the second sub-paragraph of item 2 of

Section 2 of that Annex;

(iii) treatment of wood packaging material,

as set out in item 3(a) of Section 1 of that Annex

and item 3 of Section 2 of that Annex; and

(iv) marking in accordance with Annex II to

the FAO International Standard for Phytosanitary

Measures No 15, as set out in items 2(b) and 3(b)

of Section 1 of Annex III and item 3 of Section 2

of that Annex, of beehives, bird nesting boxes and

wood packaging material treated by the treatment

facility

concerned

in

accordance

with,

respectively, sub-paragraphs (i) and (iii).

Those facilities are referred to hereinafter as

"authorised treatment facilities".

(b) authorised treatment facilities shall

ensure the traceability of the treated susceptible wood,

bark and wood packaging material.

(8) (a)

in the case where a demarcated area is

established in the Maltese Islands, the Director shall

authorise producers of wood packaging material,

beehives and bird nesting boxes adequately equipped to

mark, in accordance with Annex II to the FAO

International Standard for Phytosanitary Measures No

15, the wood packaging material, beehives and bird

nesting boxes they assemble from wood treated by an

authorised treatment facility and accompanied by the

plant passport referred to in schedule VI to these

Regulations. Those products are referred to hereinafter

in this regulation as "authorised wood packaging

material producers";

(b) authorised wood packaging material

producers shall exclusively use wood from treatment

facilities specifically authorised for this purpose and

accompanied by the plant passport referred to in

Directive 92/105/EEC for the production of wood

packaging material and shall ensure that the wood used

for that purpose can be traced back to those treatment

facilities.

4M. (1) For the purpose of this regulation, "the

issued in terms specified organisms" means Epitrix cucumeris (Harris),

Epitrix papa sp. n., Epitrix subcrinita (Lec.) and Epitrix

Implementing tuberis (Gentner).

Decision 2012/

(2) (a)

tubers of Solanum tuberosum L.,

including those intended for planting, hereinafter

Implementing "potato tubers", originating in third countries where one

Decision 2014/

or more of the specified organisms are known to be

Implementing present may only be introduced into the Union if they

Decision (EU) comply with the specific import requirements, as set out

in item (1) of Section 1 of Annex I to Commission

Implementing Decision 2012/270/EU as amended by

Commission Implementing Decision 2014/679/EU;

(b) on entry into the Union potato tubers

shall be inspected by the inspectors of the Directorate in

accordance with item (5) of Section 1 of Annex I to

Commission Implementing Decision 2012/270/EU as

amended by Commission Implementing Decision 2014/

679/ EU.

(3) (a) potato tubers originating in demarcated

areas within the Union established in accordance with

Article 5 of Commission Implementing Decision 2012/

270/EU, packed within those areas or at the facilities

referred to in 3b of Commission Implementing Decision

2012/270/EU, may be moved within the Union only if

they meet the conditions, as set out in item (1) of Section

2 of Annex I of that Decision;

(b) potato tubers originating in a

demarcated area, may be moved from that demarcated

area to a packing facility fulfilling the requirements of

Article 3b of Commission Implementing Decision 2012/

270/EU which is in the vicinity of that demarcated area

provided that the conditions set out in item (2) of

Section 2 of Annex I are fulfilled. Potato tubers may be

stored at that facility;

(c) in the case of the second sub-

paragraph, the Directorate shall carry out the following

actions

(i) intensive monitoring for the

presence of the specified organisms through

appropriate inspections on potato plants and,

where appropriate, other host plants,

including fields where those plants are

growing, within at least a radius of 100 m of

the packing facility; and

(ii) activities

to

raise

public

awareness concerning the threat of the

specified organisms and the measures

adopted to prevent its introduction into and

spread within the Union in the vicinity of the

packing facility;

(d) potato tubers introduced into the Union

in accordance with Article 2 of Commission

Implementing Decision 2012/270/ EU from third

countries where one or more of the specified organisms

are known to be present, may be moved within the

Union only if they meet the conditions, as set out in item

(3) of Section (2) of Annex I of that Decision.

4N. (1) For the purpose of this regulation the

issued in terms following definitions shall apply

"place of production" means the place of

Implementing production as defined in the FAO International Standard

Decision 2012/

for Phytosanitary Measures (hereinafter "ISPM") No 5;

"specified

organism"

means

Anoplophora

Decision 2014/ chinensis (Forster);

"specified plants" means plants for planting that

have a stem or root collar diameter of 1 cm or more at

their thickest point, other than seeds, of Acer spp.,

Aesculus hippocastanum, Alnus spp., Betula spp.,

Carpinus spp., Citrus spp., Cornus spp., Corylus spp.,

Cotoneaster spp., Crataegus spp., Fagus spp.,

Lagerstroemia spp., Malus spp., Platanus spp., Populus

spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix

spp. and Ulmus spp..

(2) As regards imports originating in third

countries where the specified organism is known to be

present, other than China, specified plants may only be

introduced into the Union if they fulfil the following

conditions

(a) they comply with the specific import

requirements, as set out in item 1 of Section 1A of

Annex I to Commission Implementing Decision

2012/138/EU; and

(b) on entry into the Union they are

inspected by an Inspector of the Directorate in

accordance with item 2 of Section 1(A) of Annex I

to Commission Implementing Decision 2012/ 138/

EU for the presence of the specified organism, and

no signs of that organism have been found.

(3) As regards imports originating in China,

specified plants may only be introduced into the Union

if they fulfil the following conditions

(a) they comply with the specific import

requirements as set out in item 1 of Section 1(B) of

Annex I to Commission Implementing Decision

2012/138/EU;

(b) on entry into the Union they are

inspected by an inspector of the Directorate in

accordance with item 2 of Section 1(B) of Annex I

to Commission Implementing Decision 2012/ 138/

EU for the presence of the specified organism, and

no signs of that organism have been found; and

(c)

the place of production of those plants

(i) is designated by a unique

registration number assigned by the national

plant protection organisation of China;

(ii) is included in the most recent

version of the register communicated by the

Commission to the Member State in

accordance with sub-regulation (5);

(iii) has not, within the previous two

years, been the subject of a communication

by the Commission to the Member States of

the removal from the register in accordance

with sub-regulation (5); and

(iv) has not, within the previous two

years, been the subject of a communication

by the Commission to the Member States as

referred to in sub-regulation (6) and (7).

(4) The Commission shall communicate to the

Member States the register of places of production in

China which its national plant protection organisation

has established as in compliance with item 1(b) of

Section 1(B) of Annex I to Commission Implementing

Decision 2012/138/EU

Provided that where that organisation

updates the register by removing a place of production

either because that organisation has found that that place

of production no longer complies with item 1(b) of

Section 1(B) of Annex I to Commission Implementing

Decision 2012/138/EU or because the Commission has

informed China of evidence of the presence of the

specified organism at import of specified plants from

that place of production, and China makes the updated

version of the register available to the Commission, the

Commission shall communicate the updated version of

the register to the Member States

Provided further that where that organisation

updates the register by including a place of production

because that organisation has found that that place of

production complies with item 1(b) of Section 1 (B) of

Annex I to Commission Implementing Decision 2012/

138/EU and China makes the updated version of the

register available to the Commission as well as the

necessary explanatory information, the Commission

shall communicate that updated version and, where

appropriate, that explanatory information to the Member

States

Provided further that through internet based

information pages, the Commission shall make the

register and its updates available to the public.

(5) Where during an inspection at a registered

place of production, as set out in sub-paragraphs (ii),

(iii) and (iv) of item 1(b) of Section 1 (B) of Annex I to

Commission Implementing Decision 2012/138/EU, the

Chinese plant protection organisation finds evidence of

the presence of the specified organism and the

Commission is notified of that finding by China, the

Commission shall immediately communicate that

finding to the Member States

Provided that through internet based

information pages, the Commission shall also make this

information available to the public.

(6) Where the Commission has evidence from

sources other than those referred to in sub-regulations

(4) and (5) that a place of production listed in the

register does not comply with item 1(b) of Section 1(B)

of Annex I to Commission Implementing Decision

2012/138/EU or that the specified organism has been

found on specified plants imported from such a place of

production, it shall communicate the information

concerning that place of production to the Member

States

Provided that through internet based information

pages, the Commission shall also make this information

available to the public.

(7) Specified plants originating in demarcated

areas within the Union established in accordance with

Article 6 of Commission Implementing Decision 2012/

138/EU may be moved within the Union only if they

meet the conditions set out in item 1 of Section 2 of

Annex I to Commission Implementing Decision 2012/

138/EU

Provided that specified plants which have not

been grown in demarcated areas but are introduced into

such areas may be moved within the Union only if they

meet the conditions set out in item 2 of Section 2 of

Annex I to Commission Implementing Decision 2012/

138/EU

Provided further that specified plants

imported in accordance with sub-regulation (2) and (3)

from third countries where the specified organism is

known to be present may be moved within the Union

only if they meet the conditions set out in item 3 of

Section 2 of Annex I to Commission Implementing

Decision 2012/138/EU.

4O. (1) For the purpose of this regulation, the

issued in terms

following definitions shall apply

(EU) 2015/893

"host plants" means plants belonging to species

of 9 June 2015

listed

in Annex I to Commission Implementing Decision

(EU) 2015/893;

"place of production" means the place of

production

as defined in the FAO International Standard

Anoplophora for Phytosanitary Measures (hereinafter "ISPM") No 5;

"specified

organism"

means

Anoplophora

(Motschulsky)

(notified under

(Motschulsky);

glabripennis

"specified plants" means plants for planting that

have a stem diameter of 1 cm or more at their thickest

point, other than seeds, of Acer spp., Aesculus spp.,

Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum

spp., Corylus spp., Fagus spp., Fraxinus spp.,

Koelreuteria spp., Platanus spp., Populus spp., Salix

spp., Tilia spp. and Ulmus spp.;

"specified wood" means wood, obtained in whole

or in part of the specified plants, which fulfils all of the

following points

(a) it is wood within the meaning of these

regulations, other than wood packaging material

including wood that has not retained its natural

round surface; and

(b) it is listed among the following

descriptions laid down in Annex I, Part Two to

Council Regulation (EEC) No 2658/87, as it stood

on 1 January 2015

CN code Description

4401 10 00Fuel wood, in logs, in billets in twigs,

in faggots or in similar forms

4401 22 00Non-coniferous wood, in chips or

particles

ex 4401 39 80Other wood waste and scrap, not

agglomerated in logs, briquettes,

pellets or similar forms

4403 10 00Wood in the rough, treated with paint,

stains,

creosote

or

other

preservatives, whether or not

stripped of bark or sapwood, or

roughly squared

4403 92 Wood of beech (Fagus spp.) in the

rough, whether or not stripped of

bark or sapwood, or roughly

squared ex 4403 99Non-

coniferous wood (other than,

beech (Fagus spp.), poplar

(Populus spp.) or birch (Betula

spp.)), in the rough, whether or

not stripped of bark or sapwood,

or roughly squared

4403 99 10Wood of poplar (Populus spp.) in the

rough, whether or not stripped of

bark or sapwood, or roughly

squared

4403 99 51Sawlogs of birch (Betula spp.) in the

rough, whether or not stripped of

bark or sapwood, or roughly

squared

4403 99 59Wood of birch (Betula spp.) in the

rough, whether or not stripped of

bark or sapwood, or roughly

squared, other than sawlogs

ex 4404 20 00Non-coniferous split poles; piles,

pickets and stakes of wood,

pointed but not sawn lengthwise

Railway or tramway sleepers (cross-

ties) of wood

4407 92 00Wood of beech (Fagus spp.) sawn or

chipped lengthwise, sliced or

peeled, whether or not planed,

sanded or end- jointed, of a

thickness exceeding 6 mm

4407 93 Wood of maple (Acer spp.), sawn or

chipped lengthwise, sliced or

peeled, whether or not planed,

sanded or end- jointed, of a

thickness exceeding 6 mm

4407 95 Wood of ash (Fraxinus spp.), sawn or

chipped lengthwise, sliced or

peeled, whether or not planed,

sanded or end- jointed, of a

thickness exceeding 6 mm

ex 4407 99Non-coniferous wood (other than beech

(Fagus spp.) maple (Acer spp.),

ash (Fraxinus spp.) or poplar

(Populus spp.)), sawn or chipped

lengthwise, sliced or peeled,

whether or not planed, sanded or

end-jointed, of a thickness

exceeding 6 mm

4407 99 91Wood of poplar (Populus spp.), sawn or

chipped lengthwise, sliced or

peeled, whether or not planed,

sanded or end- jointed, of a

thickness exceeding 6 mm

9406 00 20Prefabricated buildings of wood;

"specified wood packaging material" means

packaging material obtained in whole or in part of the

specified plants.

(2) As regards imports originating in third

countries where the specified organism is known to be

present, specified plants may only be introduced into

Malta if they fulfil the following conditions

(a) they comply with the specific import

requirements, as set out in item 1 of Section 1(A)

of Annex II to Commission Implementing

Decision (EU) 2015/893; and

(b) on entry into the Union they are

inspected by the responsible official body in

accordance with item 2 of Section 1(A) of Annex

II to Commission Implementing Decision (EU)

2015/893 for the presence of the specified

organism, and no signs of that organism have been

found.

(3) As regards imports originating in third

countries where the specified organism is known to be

present, specified wood may only be introduced into

Malta if it fulfils the following conditions

(a) it complies with the specific import

requirements, as set out in items 1 and 2 of Section

1 (B) of Annex II to Commission Implementing

Decision (EU) 2015/893; and

(b) on entry into the Union it is inspected

by the responsible official body in accordance with

item 3 of Section 1(B) of Annex II to Commission

Implementing Decision (EU) 2015/ 893 for the

presence of the specified organism, and no signs of

that organism have been found.

(4) Specified plants originating in demarcated

areas established in accordance with Article 7 may be

moved within the Union only if they meet the conditions

set out in item 1 of Section 2(A) of Annex II to

Commission Implementing Decision (EU) 2015/893

Provided that specified plants which have not

been grown in demarcated areas but are introduced into

such areas may be moved within the Union only if they

meet the conditions set out in item 2 of Section 2(A) of

Annex II to Commission Implementing Decision (EU)

2015/893

Provided further that specified plants

imported in accordance with sub-regulation (2) from

third countries where the specified organism is known to

be present may be moved within the Union only if they

meet the conditions set out in item 3 of Section 2(A) of

Annex II to Commission Implementing Decision (EU)

2015/893.

(5) Specified wood originating in demarcated

areas as established in accordance with Article 7 of

Commission Implementing Decision (EU) 2015/893

may be moved within the Union only if it meets the

respective conditions set out in items 1, 2 and 3 of

Section 2(B) of Annex II to Commission Implementing

Decision (EU) 2015/893

Provided that specified wood retaining all or

part of its round surface not originating in demarcated

areas but introduced into such areas, may be moved

within the Union only if it meets the respective

conditions set out in items 1 and 3 of Section 2(B) of

Annex II to Commission Implementing Decision (EU)

2015/893

Provided further that specified wood

packaging material originating in demarcated areas

established in accordance with Article 7 of Commission

Implementing Decision (EU) 2015/893 may be moved

within the Union only if it meets the conditions set out in

Section 2(C) of Annex II to Commission Implementing

Decision (EU) 2015/893.

4P. (1) For the purposes of this regulation, the

following definitions shall apply

"specified organism" means Gibberella circinata

Nirenberg & O’Donnell;

"specified plants" means plants of the genus Pinus

Community of

L. and the species Pseudotsuga menziesii, intended for

planting, including seeds and cones for propagation

purposes.

(2) The specified plants may be introduced into

Decision 2007/

the Community only if

(a) they comply with the requirements laid

down in section I of Annex I to Commission

Decision 2007/433/EC; and

(b) they are, on entry into the Community,

inspected and, where appropriate, tested for the

presence of the specified organism, in accordance

with the provisions of these regulations , and

found free from it.

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a) in paragraph (a)(i) thereof, for the words "not contaminated

by" there shall be substituted the words "free from";

(b) in paragraph (a)(ii) thereof, for the words "not

contaminated by" there shall be substituted the words "free from"; and

(c)

in paragraph (c) thereof, the word "but" shall be deleted.

Regulation 6 of the principal regulations shall be amended Amends

regulation 6 of

as follows

the principal

regulations.

(a)

paragraph (a) thereof shall be substituted by the following

"(a) No person shall carry out any of the following

activities unless such person is registered in the Malta Official

Register (MOR), established and held by the Directorate, under

the provisions of these regulations:"; and

(b)

paragraph (b) thereof shall be substituted by the following

"(b) The Director may, in cases where there is no risk of

any spreading of harmful organisms, following a request for

registration, exempt any person who qualifies as a small

producer or processor as defined in paragraph (c) from the

requirements of registration under these regulations."; and

(c)

paragraph (c) thereof shall be substituted by the following

"(c) For the purposes of this regulation a small producer

or processor shall satisfy all the following requirements, namely

that he -

(i) carries out the activity of propagating, growing,

and, or selling of plant material on a part time basis, and

(ii)

sells to or trades directly with the consumer,

and

(iii) is not involved in the movement of plant

material to and from other Member States, and

(iv) does not carry out any importation activities of

plant and plant products."; and

(d)

paragraph (d)(vii) thereof shall be substituted by the

following

"(vii) the trade licence number where applicable";

(e) immediately paragraph (d)(vii) as substituted, there shall be

added the following new sub-paragraph

"(viii) such other information as the Director may require";

(f)

paragraph (i) thereof shall be substituted by the following

"(i) Any registered person shall notify the Director,

within ten working days, of any change in any of the particulars

submitted in the application for registration and with any

changes in circumstances which may affect their registration.";

(g) immediately after paragraph (i) thereof, there shall be

added the following new paragraph (j)

"(g) the authorised person as referred to in regulation 6

(d)(v) shall follow obligatory training organised by the

Directorate on ongoing issues related to plant health

Provided that if authorised person does not follow such

training, the Director may revoke the MOR compliance

certificate or refuse to issue such certificate as the case may be,

for that particular year for which training was not followed.".

In regulation 7(v) of the principal regulations, for the

words "to give" shall be substituted by the word "give".

Regulation 9 of the principal regulations shall be amended

as follows

(a) immediately after the words "in accordance with these

regulations." in paragraph (c) thereof there shall be added the words

"Such inspections may be subject to fees as stipulated under Schedule

XXVI to these regulations."; and

(b) immediately after paragraph (g) thereof, there shall be

added the following new paragraph (h)

"(h) The Director shall ensure that the plant passport shall

be produced, printed and stored, by the producer, person or

importer under the control of the Directorate.".

Immediately after regulation 9 of the principal regulations,

there shall be added the following new regulation 9A

9A. (1) The Director shall ensure that the

conditions laid down in sub-regulation (2) are met when

a plant passport is issued and attached to plants, plant

products or other objects, to their packaging or to the

vehicles transporting them. The issuing includes the

preparation of the passport, in particular the filling-in of

the information and the action necessary to make the

plant passport available for use by the applicant.

(2) For the purpose of sub-regulation (1), the

Director shall, without prejudice to the other

requirements laid down in these regulations

(a) ensure that the producer, person or

importer referred to in regulation 10 (b) applies to

them for the issuance of a plant passport, or for the

replacement of a plant passport;

(b) determine, where appropriate, on the

basis of inspections as provided for in regulation 5

(c) and (d) and carried out in accordance with

regulation 8, the restrictions applicable to the

plants, plant products or other objects, and

accordingly the territorial validity of the plant

passport, or determine the replacement of the said

plant passport, as well as the information to be

filled in

Provided that if the producer, person or

importer referred to in regulation 10 (b) intends to

dispatch a plant, plant product or other object into a

protected zone for which he does not have a valid

plant passport, the Director shall take the necessary

steps and determine accordingly whether the

product qualifies for the relevant protected zone.

The said responsible official bodies shall ensure

that the producer, person or importer shall notify

the above mentioned intention to them within a

reasonable period of time prior to dispatch and

shall apply simultaneously for the corresponding

plant passport;

(c) ensure that the information is filled as

stipulated in regulation 10(c);

(d) ensure that if a plant, plant product or

other object has received the qualification by them

for a specific protected zone or zones, the code for

the protected zone or zones, the code for the

protected one or zones shall be indicated on the

plant passport, against the distinctive marking "ZP"

(zona protecta) indicating that the said plant

passport covers a plant, plant product or other

object qualified for a protected zone or zones;

(e) ensure that if a plant passport is to be

delivered for a plant, plant product or other object

originating outside the Community, the plant

passport shall be used, with the indication of the

name of the country of origin or, where

appropriate, the consignor country on the said plant

passport;

(f) ensure that if a plant passport is to be

replaced by another plant passport, the plant

passport referred to in regulation 2(1) shall be

used; the code for the originally registered

producer or importer shall be indicated on the said

plant passport, against the distinctive marking

"RP" ("replacement passport") indicating that the

said plant passport replaces another plant passport;

(g) depending on where the said plant

passport is physically stored, either deliver the said

plant passport, or authorize the producer, person or

importer referred to in regulation 10 (b) to use it

accordingly; and

(h) ensure that the part of the said plant

passport consisting of the label be attached under

the responsibility of the producer, person or

importer referred to in regulation 9(h) to the plants,

plant products or other objects, to their packaging

or to the vehicles transporting them in such a

manner that it cannot be re-used.".

Regulation 10 of the principal regulations shall be

substituted by the following

10. (a) the Director may establish the form of

the plant passport. However the plant passport shall

contain the information as established in Schedule (VI).

The Director shall require that when the plant

passport consists of a label and the accompanying

document

(i) the accompanying document contains at

least the information required under items 1 to 10 of

Schedule VI; and

(ii) the information contained on the plant

passport label can be limited to the information

required under items 1 to 5. In such a case the plant

passport shall be deemed to be complete if

accompanied by the said commercial document.

Where in the movement of plants, plant products or

other objects the authorized person or inspector

requires to insert information in addition to that

contained in Schedule VI, the authorized person or

inspector shall insert such information on the

commercial accompanying document and not on the

plant passport label. In such a case such information

shall be clearly and distinctly separated from the

information listed in said Schedule (VI);

(b) the plant passport shall consist of an

official label and an accompanying document containing

the required information as laid down in Schedule (VI).

The label shall not have previously been used and shall be

of suitable material. The use of official adhesive labels

shall be authorized;

(c) the required information shall preferably

be printed in typescript and in capital letters if the plant

passport is pre-printed, but may be handwritten in capital

letters and shall be in Maltese or English. The botanical

name of the plants or plant products shall be indicated in

Latin characters. Alterations, obliterations and erasures

which are not signed by the authorized person or inspector

shall invalidate the said plant passport;

(d) any plant passport affixed to any plant

material specified in accordance with paragraph (a) shall

be produced, stored and affixed to such plant material, by

or under the supervision of an authorized person or an

inspector;

(e) the authorized person or inspector

referred to in paragraph (d), as appropriate, shall ensure

that in relation to any plant, plant product or object listed

under Part A of Schedule V a valid passport appropriate

for the destination within the Community of such plant,

plant product or other object is issued. Where relevant,

this shall include an indication as specified in Schedule VI

that the plant, plant product or other object meets the

appropriate requirements of any protected zone to which

the plant, plant product or other object is being moved;

(f) commercial purchasers of plants, plant

products or other objects, as final users professionally

engaged in plant production, shall retain the related plant

passports for at least one year, and enter the references in

their records. The Director may by notice in the Gazette

specify the format in which records shall be kept;

(g) in the case of tubers of Solanum

tuberosum L. intended for planting, as listed in item 18.1

of Section II of Part A of Schedule VI to these

regulations, the official label defined in Schedule V to the

Seeds of Agricultural Plants and Vegetables Regulations

may be used in place of a plant passport provided that the

label provides evidence that the requirements referred to

in regulation 8(c) are complied with; compliance with the

provisions governing the introduction of tubers of

Solanum tuberosum L., intended for planting into and

their movement within a protected zone recognized in

respect of harmful organisms relating to those tubers,

shall be noted either on the label or on any other trade

document;

(h)

in the case of seeds of Helianthus

annuus L., listed in item 26 of Section II of Part A of

Schedule IV to these regulations, the official label defined

in Annex IV to Council Directive 2002/57/EC on the

marketing of seed of oil and fibre plants may be used in

place of a plant passport provided that it complies with the

relevant special requirements listed in Section II of Part A

of Schedule IV to these regulations;

(i) in the case of seeds of Solanum

lycopersicum (L.) Karsten ex Farw. and Phaseolus L.,

listed in items 27 and 29 of Section II of Part A of

Schedule IV to these regulations, the official label defined

in Schedule V to the Seeds of Agricultural Plants and

Vegetables Regulations may be used in place of a plant

passport provided that the label provides evidence that the

seeds be officially examined in order to comply with the

provisions of Schedule IV to these regulations;

(j) in the case of seeds of Medicago sativa

L., listed in items 28.1 and 28.2 of Section II of Part A of

Schedule IV to these regulations, the official label defined

in Schedule V to the Seeds of Agricultural Plants and

Vegetables Regulations may be used in place of a plant

passport provided that the label provides evidence that the

requirements referred to in Schedule IV to these

regulations are complied with;

(k) the labels referred to in paragraphs (g),

(h), (i) and (j) must indicate the words "EC plant

passport".".

Immediately after regulation 12 there shall be added the Adds new Title

following new title and new regulations

"RECOGNITION OF PROTECTED ZONES

12A. (1) When requesting the recognition of a

protected zone as referred to in article 32(1)(s) of the Act,

the following conditions shall be met

(a) an official action programme shall be

established to seek confirmation that one or more of

the harmful organisms referred to in these

Regulations, in respect of which zone is to be

recognized as a protected zone, are not endemic or

established there; and

(b) the programme referred to in paragraph

(a) shall be monitored by persons entitled to act for

the Directorate.

(2) The programme referred to in sub-regulation

(1) shall comprise

(a) a survey based on an understanding of

the biology of any harmful organism of concern and

of the agronomy and environment of the relevant

zone using appropriate methods of analysis

including growing medium and crop inspection and,

if necessary, laboratory testing;

(b) a permanent regime providing regular

and systematic surveys, at appropriate times, at least

once a year, on the presence of any harmful

organism in respect of which the zone is to be

recognized as a protected zone; and

(c) a system of keeping records of the results

of the surveys.

(3) The surveys referred to in sub-regulation (1)

shall be carried out by persons entitled to act for the

Directorate.

(4) The survey methodology and conduct shall be

notified to the Commission. The Commission shall

forward this information to the other Member States.

12B. (1) In carrying out surveys for the purposes

purposes of the of the recognition of protected zones, the Directorate

shall, in respect of harmful organisms of the animal

kingdom other than nematodes, relevant to forestry plants

or plant products, which attack crops normally grown in

the open air, take account of the following guidelines

(a) the survey shall be carried out in the

relevant zone;

(b) the survey methodology shall be based

on a recording plot method, comprising the

following elements: a network of observation points

shall be established following a systematic grid

covering the entire relevant zone; the following

parameters of each point shall be registered

number, actual latitude and longitude coordinates,

topography, and, where appropriate, a site

description shall be made. Where appropriate,

additional information may be collected; the

observation points may be marked; maps for

representation of observation points may be

produced;

(c) the following criteria shall be used to

decide the suitability of an observation point

(i) in general the point must be

sufficiently large to allow selection of a point;

(ii) in general the point shall be located

in the above-mentioned area to allow the

appropriate assessment operations; and

(iii) in special cases, where appropriate,

other points shall be selected, such as on sites

where the risk of potential introduction of any

harmful organism of concern in an area is high;

(d) where

appropriate,

meteorological,

especially precipitation and temperature, and

edaphic data shall be recorded, preferably on the site

of the observation point, but may also be obtained

from a nearby station where these variables are

regularly measured. Extreme events, such as

drought, heavy rain, and other similar extreme

meteorological occurrences, which are likely to

influence the observations shall also be recorded;

(e) the survey, at each observation point

shall be at least

(i) concentrated on a representative

number of units of plants or plant products;

(ii) concentrated on one or more of the

main host plants or plant products of any

harmful organism of concern; where

appropriate other hosts shall also be included;

(iii) comprising visual inspections to

determine the presence of symptoms or signs

of any harmful organism of concern, carried

out at a time when such symptoms or signs

would be expected to be at their maximum;

and

(iv) in cases of doubt, laboratory testing

of samples; and

(f) where appropriate, at the observation

points, traps which attract the relevant organisms

shall be used; the type and number of traps to be

used as well as the method of trapping shall take

into account the biology of the pest.

(2) Any future measure, which is appropriate to

ensure that the conditions laid down in regulation 4 are

met, may be taken.

(3) The Director may issue guidelines in respect of

harmful organisms other than those referred to therein,

once the necessary technical information is available.

12C. The Director may by notice published in the

Surveys for the

purposes of the

recognition of Gazette lay down the minimum measures to be taken to be

able to carry out surveys for purposes of the recognition of

protected zones.".

Regulation 13 of the principal regulations shall be amended

as follows

(a) in paragraph (c) thereof the words "into a protected zones"

shall be substituted by the words "into a protected zone"; and

(b) in paragraph (d) thereof the word "move" shall be

substituted by the word "moved".

Immediately after regulation 13 there shall be added the

following new title and new regulation 13A

"MOVEMENT THROUGH A PROTECTED ZONE

13A. (1) When plants or plant products or other

protected zone. objects listed in Schedule V, Part A, Section II to these

Regulations, originating outside a protected zone

established in respect of one or more harmful organisms,

are moved through such protected zone for final

destination outside the zone, and without a plant passport

valid for that zone, the following conditions are to be met

(a) the

packaging

used

or,

where

appropriate, the vehicles transporting the plants,

plant products or other objects referred to in sub-

regulation (1) to this regulation, shall be clean and

of such a nature as to ensure that there is no risk of

harmful organisms spreading;

(b) immediately after, the packaging referred

to in sub-article (a) shall be secured according to

stringent plant health standards to ensure that there

is no risk of harmful organisms spreading in the

relevant protected zone and that the identity will

remain unchanged and to the satisfaction of the

Director, and remain secured during transportation

through the relevant protected zone; and

(c) the plants, plant products or other objects

referred to in sub-regulation (1) to this regulation,

shall be accompanied by a document which is

normally used for trade purposes, indicating that the

said products originate outside the relevant

protected zone and have a destination outside the

relevant protected zone.

(2) If during an official check, organised pursuant

to regulations under the Act, and carried out at a place

within the relevant zone, it is found that the requirements

laid down under Article 3 of the Act are not met, the

following official measures shall be taken immediately, as

appropriate, and without prejudice to the measures to be

taken if the plants, plant products or other objects do not

meet the conditions laid down under the Act

(a) sealing of the packaging; and

(b) transportation, under official control of

the plants, plant products or other objects to a

destination outside the relevant protected zone.

(3) Less stringent conditions shall apply to those

plants, plant products or other objects listed in Schedule

V, part A, section II to these Regulations originating in

and moving within a protected zone established for the

said plants, plant products or other objects in respect of

one or more harmful organisms.".

Regulation 14 of the principal regulations shall be amended Amends

(a)

paragraph (a) thereof shall be substituted by the following

"(a) the Director may as he deems necessary request, by a

notice in the gazette, that certain plants, plant products and other

objects listed in Part A of Schedule V to these regulations, be

meticulously examined in their entirety and for this purpose any

person introducing into Malta from other Member States such

plants, plant products and other objects shall notify the

Directorate at least forty eight hours to their expected time of

arrival. The Director shall be informed as soon as reasonably

possible, of any changes to the expected time or date of arrival

into Malta of the notified consignment.";

(b)

paragraph (b) shall be substituted by the following

"(b) any person who, in the course of any commercial

activity, intends to import into Malta any plant, plant product or

any other object listed in Part B of Schedule V shall, by not later

than forty eight hours before the expected date and time of

arrival of the consignment, make a request with the Directorate,

through means established by the Director by notice in the

gazette, for the issue of the Plant Health Movement Document,

hereinafter referred to as a PHMD. Where there is any change in

the expected time or date of arrival, any such person shall inform

the Director immediately of such change.";

(c) paragraph (c) thereof shall be deleted and paragraph (d)

shall be re-numbered as paragraph (c);

(d) immediately after paragraph (c) as re-numbered there shall

be added the following new paragraph (d)

"(d) the Directorate shall fill the details of the

consignment in accordance with the form shown in Schedule

VIII upon presentation of a valid phytosanitary certificate and

any other documents providing the details on the form. The plant

health movement document shall be issued in triplicate after

compliance to a plant health check.";

(e) in paragraph (f) thereof for the word "PHCD" shall be

substituted by the word "PHMD" and the word "terrns" shall be

substituted the word "terms"; and

(f) in paragraph (g), the word "PHCD" shall be substituted by

the word "PHMD".

In paragraph (b)(ii) of regulation 15 of the principal

regulations, the words "Plant Health Clearance Document" shall be

substituted by the words "Plant Health Movement Document".

Regulation 16 of the principal regulations shall be amended

as follows

(a) the marginal note to regulation 16 shall be substituted by

the following

"General requirements for all checks on imported plants,

plant products and other objects.";

(b) in paragraph (a)(ii)(i) thereof, the word "PHCD" shall be

substituted by the word "PHMD", and the word "docurnentary" shall

be substituted by the word "documentary";

(c) in paragraph (a)(ii)(iv) thereof, the word "PHCD" shall be

substituted by the word "PHMD";

(d) immediately after paragraph (a) thereof, there shall be

added the following new paragraph (aa)

"(aa) Inspections carried out under regulation 16(a) shall

be subject to fees as stipulated under Schedule (XXV) to these

regulations.";

(e)

paragraph (c) thereof, shall be substituted by the following

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

regulation 15 have been complied with, the Director shall issue a

Plant Health Movement Document in terms of Schedule VIII.

Such document shall contain a document reference number to be

provided by the Directorate. All information provided under

Documentary check, identity check and Plant Health Check in

the Document, 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 Plant Health

Movement Document shall be forwarded to Customs, another

copy shall be forwarded to the importer and another copy shall

be retained by the Directorate.".

Immediately after regulation 16 of the principal regulations Adds new

regulation 16A

there shall be added the following new regulation 16A

to the principal

regulations.

16A. (1) Without prejudice to regulation 16, the

"Checks at

places of

following provisions shall apply only for checks carried

destination.

out at places of destination

(a) identity and Plant Health Checks of

Plants, Plant Products or other Objects listed in Part

B of Schedule V to these Regulations may be carried

out at a Place other than point of entry. In case of

transit of non-Community goods the inspection may

take place at the premises of the official body of

destination, or at any place close by, when the

conditions referred to in paragraph (b) are met. The

inspection may take place at the place of destination

such as place of production, when the conditions

referred to in sub-regulation (b) are met;

(b) the conditions referred to in sub-

paragraph (a) shall be

(i) when the official bodies of the point

of entry and of destination decide, where

appropriate by agreement between the

responsible official bodies of the Member

States, that identity checks and plant health

checks (hereinafter referred to as "checks")

could more meticulously be carried out at a

place other than the point of entry into the

Community or at a place close by; and

(ii) when any importer or other person

responsible for the places or the premises

where the checks are to be carried out

(hereinafter referred to as "the applicant") of a

consignment composed of the products

concerned has the approval, through an

approval procedure defined in sub-regulation

(2)(b) for checks to be carried out at "an

approved place of inspection" which is either

(A) in the case of transit of non-

Community goods at -

(1) the premises of the official

body of destination; or

(2) a place close by those

premises and designated or approved

by the customs authorities and by the

responsible official body; or

(B) at a place of destination

approved by the official body and the

customs authorities responsible for the

area where that place of destination is

located; and

(C) when specific guarantees and

documents as regards the transport of a

consignment composed of the products

concerned to the approved place of

inspection are met, and, where

appropriate,

minimum

conditions

concerning the storage of these products

on these places of inspection are fulfilled;

and

(c) the specific guarantees, documents and

minimum conditions referred to in sub-regulation

(1)(b)(C) of this regulation shall be

(i) the packaging of the consignment

or the means of transport used for this

consignment shall be closed or sealed in such a

way that the products concerned cannot cause

infestation or infection during their transport to

the approved place of inspection and will be

such that their identity will remain unchanged.

In duly reasoned cases the relevant official

bodies of the Member States may allow

consignments which are not closed or sealed,

provided that the products concerned cannot

cause infestation or infection during their

transport to the approved place of inspection;

(ii) the consignment shall be sent to the

approved place of inspection. No change of the

place of inspection is allowed, except following

approval by the relevant official bodies of the

point of entry and of the requested destination,

and the customs authorities responsible for the

area where the requested place of inspection is

located;

(iii) the

consignment

shall

be

accompanied by aPHMD, and contain the

required information in accordance with the

model in Schedule VIII to these regulations;

the document shall be completed by typing or

in handwritten legible capital letters or by

electronic means in agreement with the

relevant official bodies of point of entry and of

destination and shall be in at least one of the

official languages of the Community;

(iv) the relevant headings of the

document referred to in paragraph (iii) shall be

filled in and signed by the importer of the

consignment under the supervision of the

relevant official body of point of entry; and

(v) in the cases referred to in sub-

regulation (b)(ii)(A)(1) of this regulation, the

storage of the consignment at the approved

place of inspection shall be such that it is

separated from both Community goods and

from consignments infested or suspected to be

infested by harmful organisms.

(2) (a) the Directorate shall ensure that an

approval procedure be established as specified in sub-

regulations (2)(b), (2)(c) and (2)(d) of this regulation to

evaluate, and where appropriate to approve, the suitability

in phytosanitary terms, of carrying out checks at places

proposed as approved places of inspection;

(b) the procedure referred to in sub-

regulation (2)(a) of this regulation shall indicate that, if the

checks are to be carried out at approved places of

inspection, any applicant shall apply to the responsible

official bodies in charge of carrying out such checks,

requesting that checks be carried out at places mentioned

in the request;

(c) the application shall include a technical

dossier supplying the information necessary for evaluating

the suitability of proposed places as an approved place of

inspection, and covering, in particular information relating

to the products concerned intended to be imported and the

places in which the imported products concerned will be

stored or kept awaiting the final results of the checks, and

in particular how separation referred to in sub-regulation

(1)(c)(v) of this regulation is to be secured; and

(d) the Directorate shall ensure that the

application referred to in sub-regulation (2)(b) of this

regulation shall be recorded and that

(i) the information supplied in the

application is examined;

(ii) the suitability for carrying out checks at

the proposed places of inspection is evaluated, which

should fulfil minimum requirements which are at

least those laid down in paragraphs (3)(b) and (3)(c)

of regulation 16B, or any further requirements which

the Director may impose in a non- discriminatory

manner and which are justified in order to allow

efficient inspections are evaluated; and

(iii) the Director shall respond to the applicant

by either

(A) indicating that the application is

acceptable and that the places concerned are

designated as approved place of inspection; or

(B)

indicating that the application is

not acceptable and the reason thereof;

(e) the Director shall keep and provide to the

Commission and to the Member States on request, the

updated list of the approved places of inspection;

(f) the Director shall ensure that the

necessary measures are taken if it is found that there are

elements which would militate against the proper

functioning of carrying out checks at the approved places

of inspection

Provided that the Director shall notify the

Commission and the Member States concerned of all

significant cases of non-compliance with the conditions

which apply to an approved place of inspection.

(3) Plant Health Inspectors shall ensure that the

importer of the consignments for which it was decided that

checks of these consignments may be carried out at an

approved place of inspection, shall be subject to the

following obligations, without prejudice to those already

laid down in regulations 6 and 7

(a) the importer shall notify the introduction

of the products concerned sufficiently in advance to

the relevant official body of destination, which

notification shall contain in particular

(i) the name, address and the location

of the approved place of inspection;

(ii) the scheduled date and time of

arrival at the approved place of inspection of

the products concerned;

(iii) if available, the individual serial

number of the plant health movement

document referred to in sub-regulation

(1)(c)(iii);

(iv) if available, the date and place at

which the plant health movement document

referred to in sub-regulation (1) (c)(iii) was

drawn up; and

(v) details of the importer and

phytosanitary certificate or phytosanitary

certificate for re-export as requested in the

PHMD as per Schedule VIII; and

(b) the importer shall notify to the relevant

official body of destination any changes as regards

the information supplied pursuant to paragraph

(3)(a).

(4) The Directorate shall ensure that the checks of

the products concerned carried out at the approved place of

inspection satisfy minimum conditions which are at least

those laid down in paragraphs 1, 2 and 3(a) of Regulation

16B, or any further requirements which the Director may

impose in a non-discriminatory manner and which are

justified in order to allow efficient inspections.

(5) The Directorate may lay down additional

requirements deemed necessary to designate a proposed

place as an approved place of inspection.

(6) (1) Malta shall ensure co-operation, where

applicable, between

(a) the official body of point of entry and the

official body of destination;

(b) the official body of point of entry and the

customs office of point of entry;

(c) the official body of destination and the

customs office of destination;

(d) the official body of point of entry and the

customs office of destination by means of exchange

of relevant information on the plants, plant products

or other objects intended to be imported, their

packaging and means of transport in written or

electronic form using the Plant health movement

document referred to in sub- regulation 1(b)(c)(iii).

(2) (a) If the point of entry into Malta of the

products concerned and the approved place of inspection

are situated in different Member States, the consignment

may be sent to and the checks may be carried out at an

approved place of inspection on the basis of an agreement

between the responsible official bodies of the Member

States concerned. Evidence of the agreement between the

responsible official bodies of the Member States

concerned shall be recorded on the Plant health movement

document.

(b) after the products have been inspected at

the approved place of inspection, the Directorate shall

certify on the PHMD, using a service stamp and a date,

that the relevant identity and plant health checks referred

to in sub-regulation 16 (a) (ii) (ii) and 16 (a) (ii) (iii) have

been carried out. The final outcome of these checks shall

be shown in the box headed "Decision". This provision

applies, mutatis mutandis, if the documentary checks

referred to in regulation 15 (b)(ii) have also been complied

with;

(c) if the outcome of the checks referred to in

sub-regulation (6)(b) is "Release", the consignment and

the accompanying PHMDshall be presented to the

Customs authorities responsible for the area of the

"approved place of inspection" enabling the consignment

to be placed under the relevant customs procedure referred

to in regulation 15.

The PHMD shall no longer be required to

accompany the consignment and this document or a copy

thereof shall be kept for at least one year by the

Directorate;

(d) if the outcome of the checks referred to in

sub-regulation (6)(b) leads to the obligation to move the

products concerned within the Community to a destination

outside the Community, such products shall remain under

Customs supervision until the re-export of the products has

taken place.".

Immediately after the new regulation 16A there shall be Adds new

regulation 16B

added a new regulation 16B

to the principal

regulations.

16B. (1) When the plant health checks, listed in

Schedule V Part B and coming from third countries, are

carried out at the inspection posts other than those at the

place of destination, the following minimum conditions

shall be satisfied

(a) the Directorate shall have

(i) authority to carry out the duties;

(ii) technical abilities, especially in the

detection and diagnosis of harmful organisms;

(iii) expertise in identification of harmful

organisms, or access to such expertise;

(iv) access to appropriate administrative,

inspection and testing facilities, tools and

equipment, as specified in sub-regulation (2);

and

(v) access to facilities for proper storage

and quarantine of consignments and, when

necessary, for destruction or other suitable

treatment, of all or part of the intercepted

consignment;

(b) the Director shall also have available

(i) written,

up-to-date

national

inspection guidelines based on the Act;

(ii) an up-to-date set of Community

guidelines for the experts and for national

inspectors;

(iii) up-to-date Community plant health

legislation;

(iv) an

up-to-date

list

including

addresses and telephone numbers of specialised

laboratories which have been officially

approved for carrying out tests for determining

the presence of harmful organisms or for the

identification of harmful organisms. Suitable

procedures must be in place to ensure the

integrity and security of samples when moved

to the laboratory and during the testing process;

and

(v) up-to-date

information

on

consignments of plants, plant products or other

objects coming from third countries which have

undergone

(A)

official interception; and

(B)

official

tests

in

specialised laboratories together with their

results, provided at least that this

information is relevant to the plant health

checks for the place at which they are

carried out; and

(c) the Directorate shall be able to adapt the

established programme of plant health checks as

quickly as possible in such a way as to meet actual

needs, in the light of new plant health risks or any

changes in the quantity and or volume of the plants,

plant products or other objects offered for

introduction at the inspection posts other than those

at the place of destination.

(2) The inspectors as referred to in the Act and in

these regulations actually in charge of carrying out the

inspections at the inspection posts referred to in these

regulations, shall have

(a) technical competence, especially in the

detection of harmful organisms; and

(b) expertise in the identification of harmful

organisms, or access to such expertise, as part of their

qualifications required under the said regulation, and

shall have directly available the information referred

to in regulation 1(b)(iv) and (v).

(3) The facilities, tools and equipment as referred to

in sub-regulation (1) shall be made up of at least

(a) in respect of administrative facilities

(i) a rapid communication system;

(ii) the specialised laboratories referred

to in sub-regulation (1);

(iii) the customs authorities;

(iv) the Commission;

(v) other Member States; and

(vi) a document duplication system;

(b) in respect of inspection facilities

(i) suitable areas for inspection, as

appropriate;

(ii) adequate lighting;

(iii) inspection table or tables;

(iv) equipment suitable for visual

checks, disinfecting the premises and equipment

used for plant health checks; and

(v) the preparation of samples for

possible further tests in the specialised

laboratories referred to in sub-regulation (1);

and

(c) in respect of facilities for the sampling of

consignments

(i) appropriate

material

for

the

individual identification and packaging of each

sample;

(ii) adequate packaging material for

sending samples to the specialised laboratories

referred to in regulation sub- regulation (1);

(iii) seals;

(iv) official stamps; and

(v) adequate lighting.".

Regulation 19 of the principal regulations shall be Substitutes

substituted by the following new regulation

19. (1) (a)phytosanitary

certificates

and

phytosanitary certificates for re-export shall be in

compliance with the provisions of the International Plant

Protection Convention, hereinafter also referred to as

IPPC;

(b)the phytosanitary certificates and

phytosanitary certificates for re-export for any imported

plants, plant products or other objects shall be

designated the Directorate;

(c)where a phytosanitary certificates or

phytosanitary certificates for re-export is issued in a

language other than Maltese or English it shall

incorporate or be accompanied by a translation into the

Maltese or English language, which translation, if it is a

document separate from the certificate, shall be

authenticated by an authorized person of the country of

origin;

(d)the certificate shall not be made out

more than fourteen days before the date on which the

plants, plant products or other objects left the country of

origin or consignor country;

(e)the certificates, in the case of plants,

plant products or other objects listed in Section I of Part

A or Part B of Schedule IV, shall specify, under the

heading "Additional Declaration" the special relevant

requirements listed as alternatives in the different parts

in relation thereto in the said Schedule IV that has been

complied with. This specification shall be given through

reference to the relevant number and, or letter in the said

Schedule

Provided that, where a special request

cannot be fulfilled in a consignor country, the official

Phytosanitary certificate may only be issued in relation

to the said special requirements by the country of origin;

(f)the issuance of a Phytosanitary

certificate for export or re-export shall be subject to fees

as stipulated under regulation 19A-and Schedule XXVI-.

(2) (a) the Director shall accept official

phytosanitary certificates or phytosanitary certificates

for re-export accompanying plants, plant products or

other objects listed in Part B of Schedule V to these

regulations coming from contracting third countries to

the International Plant Protection Convention (IPPC)

which are issued in accordance with the models as

specified in Schedule X;

(b) the Director shall only accept the

certificates referred to in sub-regulation (2)(a) provided

that they have been completed taking into account the

FAO International Standard for Phytosanitary Measures

No 12 on Guidelines for phytosanitary certificates.".

Immediately after regulation 19 there shall be added the Adds new

following new regulation 19A

19A. (1) Where inspections are carried out for

documentary, identity, and plant health checks, as well as

for certification of plant propagation material or whole

plants that fall under the Act, and regulations made

thereunder, fees shall be levied by the director for such

inspections. These fees which are specified in Schedule

XXV and Schedule XXVI to these regulations shall be;

(a) charged and paid to the Director,

Financial Management at the Ministry for the

Environment, Sustainable Development and

Climate Change; and

(b) paid on the date of inspection or on

filling an application for any type of testing

Provided that where the checks and the

tests for confirmation require supplementary checks

and testing beyond what is normally carried out, an

additional charge to cover the costs of such

additional services shall be levied by the Director.

(2) When the services specified in sub- regulation

(1) are rendered outside the official business hours of the

Directorate, the importer or exporter, as the case may be,

shall pay to the Director an additional charge equivalent

to the overtime paid to the inspectors, calculated at the

rates which the Government from time to time pays to

such inspectors on overtime, together with an

administrative charge of ten per centum calculated on the

charge and expenses if any. Such charge shall be at the

rate per hour or part thereof, subject to a minimum of two

hours.

(3) For the purposes of this regulation, the official

business hours of the Directorate shall be as follows

From 1st October to the 15th June

Monday to Fridays (except public holidays)

7.00 a.m. to 4.00 p.m.;

From 16th June to 30th September

Monday to Fridays (except public holidays)

7.00 a.m. to 1.00 p.m..

(4) (a) when the services are provided at any

premises outside the Directorate, there shall be a charge

for transport at the rate of fifty cents (€0.50) per kilometre

for the distance between the Directorate’s offices and the

place of inspection, provided that

(i) no charges shall be demanded in

respect of any ferry fares between Malta and

Gozo; or

(ii) when attendance by an inspector is

given outside official business hours, transport

charges shall be calculated as specified above

with an additional charge of three euro and

fifty cents (€3.50) and this additional charge

shall be reduced to one euro and seventy-five

cents (€1.75) whenever attendance commences

or ends during the period when the officer is

on- duty;

(b) such fees shall be paid to the Director.

(5) Where in the rendering of services on the

importation of plants, plant products and other articles in

accordance with any regulations under the Act, there is a

delay in the arrival of such plants, plant products and

other objects beyond one hour from the advised time of

arrival, a charge shall be paid by the importer at the rate

per hour established under sub-regulation (3).".

Regulation 23 of the principal regulations shall be amended

as follows

(a) immediately after paragraph (c) thereof, there shall be

added the following new paragraph (d)

"(d) (i) in those cases where the Director has

reasonable cause to believe that an offence against these

regulations has been committed by any person and it results that

such person has not previously committed an offence against the

Act, he may serve an enforcement notice on such person in

accordance with sub-regulation (ii) below;

(ii) an enforcement notice served upon a person in

terms of sub-regulation (i) shall

(A) require the person upon whom it is served to

carry out such works or to take such steps as the Director

may determine in order to remedy, or to prevent the

continuation or repetition of, any contravention to which

the enforcement notice relates; and

(B) state the period within which any such

requirement is to be complied with;

(iii) the period stated in the enforcement notice for

compliance with any such requirement shall be such period as is

reasonable in the circumstances;

(iv) the Director may at any time

(A) withdraw the enforcement notice;

(B) extend the period for compliance with any

requirement of the enforcement notice; or

(C)

modify the requirements of the enforcement

notice.".

In paragraph (a) of Part B of Schedule 1 thereof, Amends

immediately after item 1, there shall be added a new item 1.1 which Schedule

the principal

therein under the heading "Species" there shall be inserted the word regulations.

"Daktulosphaira vitifoliae (fitch)" and under the heading "Protected

zone(s)" there shall be inserted the abbreviation "CY".

Schedule II of the principal regulations shall be amended as Amends

Schedule II of

follows

the principal

regulations.

(a) item 6.1 of paragraph (a) of Section I of Part A thereof shall

be deleted;

(b) item 14 of paragraph (a) of Section I of Part A thereof shall

be deleted;

(c) in item 5.1 of paragraph (d) of Section I of Part A thereof,

the word "Dendramhema" should be substituted by the word

"Dendranthema";

(d) in item 6A. of paragraph (a) of Section II of Part A thereof,

the word "Eutetranyehus" shall be substituted by the word

"Eutetranychus";

(e) in item 6B of paragraph (a) of Section II of Part A thereof,

the words "Dendranthema (Dc.) shall be substituted by the words

"Dendranthema (DC)."; and

(f) item 2 of paragraph (c) of Section II of Part A thereof shall

be deleted.

Schedule IV of the principal regulations shall be amended Amends

Schedule IV of

as follows

the principal

regulations.

(a) in the second column of item 2.2 of section I of Part A

thereof the words “The first indent, requiring wood packaging material

to be made from debarked round wood, shall only apply from the 1st

March, 2006.” shall be deleted.

(b) in the first column of item 3 of section I of Part A thereof,

the word "scarp" shall be substituted by the word "scrap";

(c) in the second column of item 8.1 of section I of Part A

thereof the words "(non-European). The first line of point (a),

requiring wood packaging material to be made from debarked round

wood, shall only apply from the 1st March, 2006." shall be deleted;

(d) in the first column of item 23.1 of section I of Part A

thereof, for the words "Prunus sinosa L." there shall be substituted the

words " Prunus spinosa L.";

(e) in the first column of item 23.1 of section I of Part A

thereof, for the words "Prunus triloba Liddl." there shall be substituted

the words " Prunus triloba Lindl.";

(f) immediately after item 21.1 of Part B thereof, there shall be

added the following new item 21.2 under which in the first column

there shall be inserted the words "Fruits of Vitis L.", under the second

column there shall be inserted the words "The fruits shall be free from

leaves and official statement that the fruits

(a) originate in an area known to be free from

Daktulosphaira vitifoliae (Fitch) or

(b) have been grown at a place of production which

has been found free from Daktulosphaira vitifoliae (Fitch)

on official inspections carried out during the last two

complete cycles of vegetation; or

(c) have been subject to fumigation or other

appropriate treatment against Daktulosphaira vitifoliae

(Fitch)" and under the third column there shall be inserted

the abbreviation "CY".

In item 1 of Schedule VI of the principal regulations, the

words "EC-plant passport" shall be substituted by the words "EC-Plant

Passport".

Schedule VIII of the principal regulations shall be

substituted by the following

"SCHEDULE VIII

2. PLANT HEALTH MOVEMENT DOCUMENT

1. Plant

health

NO. EC. /…/… 1

movement document as

referred to in Article

1(3)(c) of Commission

Directive 2004/103

3. Identification of consignment 2 - This consignment contains produce of

phytosanitary relevance

Plant, plant product or other object (TARIC code): ........................................

Reference number(s) of required phytosanitary documentation

Country of issue: ............................................................................................

Date of issue: .................................................................................................

Distinguishing mark(s), numbers, number of packages, amount (weights/units)

Reference

number

of

required

customs

documentation

4. Official registration number of importer: ..............................................

I, the undersigned importer, hereby request the responsible official body to carry

out the official identity checks and plant health checks of the above mentioned

plants, plant products or other objects at the approved place of inspection listed

below and I undertake to respect the rules and procedures set by the official

responsible body.

Date, name and signature of importer ..............................................................

5.1 Point of entry

5.2 Countersigning by official body of point of entry

(date, name, service stamp and signature)

6. Approved places of inspection 3

A. ..................................................................

B (replaces A) ...................

The plants, plant products or other objects are moved to the above mentioned

place(s) of inspection in accordance with the agreement concluded between 4

This consignment may not be moved to places other than those listed above unless

this has been officially approved.

7.Documentary check

8.Identity check

9.Plant health check

Place/date

Place/date

Place/date

Name

Name

Name

Service stamp/signature

Service stamp/signature

Service stamp/signature

10. Decision

Release

Place/date: ......................................................................

Name: ............................................................................

Service/stamp/signature ................................................,..

Indicate EC plant passport (serial or week or batch) number where appropriate

Official measure



Refusal of entry

Destruction

Movement outside the Community Quarantine period

Removal of infected/infested produce

Appropriate treatment

Remark: ........................................................................................................

(1) Make reference to country code/number.

(2) Fill in box or make reference to information on Phytosanitary certificate which

must be attached.

(3) Make reference to ‘C’ (Article 13c(2)(c) of Directive 2000/29/EC or ‘D’

(Article 13c(2) 9(d) of Directive 2000/29/EC).

(4) When appropriate, give details on agreement between Member States’ official

services, either on a case-by-case agreement or on the basis of a longer-term

".

Schedule XVI of the principal regulations shall be

substituted by the following

"SCHEDULE XVI

(Regulation 4E)

Requirements to be complied with, as referred to in regulation

4E (1), in addition to the requirements for tubers of Solanum

tuberosum L. laid down in parts A and B of Schedules I, II and

IV to these regulations

1. Requirements concerning the pest-free areas

The pest-free areas referred to in regulation 4E (1) shall

comprise either a ‘sector’ (administrative unit already

established which covers a group of ‘basins’) or a ‘basin’

(irrigation unit) and shall be identified by their individual

official code numbers.

2. Requirements concerning the tubers of Solanum tuberosum L. to

be imported

2.1. The tubers of Solanum tuberosum L. to be imported into Malta

shall have been submitted in Egypt to an intensive control

regime ensuring the absence of Ralstonia solanacearum (Smith)

Yabuuchi et al. The intensive control regime shall cover the

growing conditions, field inspections, transport, packing, pre-

export inspections and testing.

2.2. The tubers of Solanum tuberosum L. to be imported into Malta

shall have been

(a)

prepared in lots, each of which shall be made up exclusively

of tubers of Solanum tuberosum L. which were harvested in

one single area as specified in point 1;

(b)

clearly labelled on each bag which is sealed, under the

control of the competent Egyptian authorities, with an

indelible indication of the relevant individual official code

number given in the list of pest-free areas referred to

regulation 4E(1), and of the relevant lot number;

(c)

accompanied by the official phytosanitary certificate

required under regulation 15(b)(ii) to these regulations,

indicating the lot number(s) under the section

‘Distinguishing marks’ of the certificate, and the official

individual code number(s), referred to in point 2.2(b), under

the section ‘Additional declaration’ of the certificate;

(d)

exported by an officially registered exporter, the name or

trademark of which shall be indicated on each consignment.

3. Requirements concerning points of entry

3.1. The Directorate shall have notified to the Commission the

points of entry authorised for the import of tubers of Solanum

tuberosum L. originating in Egypt and the name and address of

the responsible official body in charge of each point. The

Commission shall inform the other Member States and Egypt

thereof.

3.2. The responsible official body in charge of the point of entry

shall have been notified in advance of the likely time of arrival

of consignments of tubers of Solanum tuberosum L. originating

in Egypt, as well as of the amount thereof.

4. Requirements concerning inspections

4.1. At the point of entry the tubers of Solanum tuberosum L. shall

be subjected to the inspections required by regulation 16 to

these regulations, and such inspections shall be carried out on

cut tubers of samples of at least 200 tubers each, samples being

taken from each lot in a consignment, or if the lot exceeds 25

tonnes, from every 25 tonnes or part thereof in such a lot.

4.2. Each lot of the consignment shall remain under official control

and may not be marketed or used until it has been established

that the presence of Ralstonia solanacearum (Smith) Yabuuchi

et al. was not suspected or detected during those inspections. In

addition, in cases where typical or suspect symptoms of

Ralstonia solanacearum (Smith) Yabuuchi et al. are detected in

a lot, all remaining lots in the consignment and lots in other

consignments which originate in the same area shall be held

under official control until the presence of Ralstonia

solanacearum (Smith) Yabuuchi et al. has been confirmed or

refuted in the lot concerned.

4.3. If typical or suspect symptoms of Ralstonia solanacearum

(Smith) Yabuuchi et al. are detected during the inspections, the

confirmation or refutation of Ralstonia solanacearum (Smith)

Yabuuchi et al. shall be determined by testing in accordance

with the test scheme laid down in Directive 98/57/EC. If the

presence of Ralstonia solanacearum (Smith) Yabuuchi et al. is

confirmed, the lot from which the sample has been taken shall

be subjected to either refusal or permission to send products to a

destination outside the Union, or to destruction, and all

remaining lots in the consignment from the same area shall be

tested in accordance with point 5.

5. Requirements concerning testing for latent infection

5.1. In addition to the inspections referred to in point 4, testing for

latent infection shall be carried out on samples taken from each

area as specified in point 1 in accordance with the test scheme

laid down in Directive 98/57/EC. During the import season at

least one sample from each sector or basin per area as specified

in point 1 shall be taken at a rate of 200 tubers per sample from

a single lot. The sample selected for latent infection shall also be

subjected to an inspection of the cut tubers. For each sample

tested and confirmed positive there shall be retention and

appropriate conservation of any remaining potato extract.

5.2. Each lot from which the samples have been taken shall remain

under official control and may not be marketed or used until it

has been established that the presence of Ralstonia

solanacearum (Smith) Yabuuchi et al. was not confirmed during

the testing. If the presence of Ralstonia solanacearum (Smith)

Yabuuchi et al. is confirmed, the lot from which the sample has

been taken shall be subjected to either refusal or permission to

send products to a destination outside the Union, or to

destruction.

6. Requirements concerning notifications

In the case of suspect and confirmed findings of Ralstonia

solanacearum (Smith) Yabuuchi et al. the Directorate shall

notify immediately the Commission and Egypt thereof. The

notification of a suspect finding shall be on the basis of a

positive result in the rapid screening test(s), as specified in point

1 of section I and section II of Annex II to Directive 98/57/EC,

or screening test(s) as specified in point 2 of section I and

section III of Annex II to that Directive.

7. Labelling requirements

Appropriate labelling requirements shall be laid down by the

Directorate with regards to tubers of Solanum tuberosum L.,

including a requirement to indicate the Egyptian origin, with the

aim of preventing the tubers of Solanum tuberosum L. from

being planted. The Directorate shall also take appropriate

measures for the disposal of waste after packaging or processing

of the tubers of Solanum tuberosum L. to prevent any spread of

Ralstonia solanacearum (Smith) Yabuuchi et al. as a result of a

possible latent infection.

Immediately after Schedule XXIII there shall be added the

following new Schedules XXIV, XXV and XXVI

"SCHEDULE XXIV

(Regulation 20)

LETTER OF AUTHORITY FOR THE INTRODUCTION

AND/OR MOVEMENT OF HARMFUL ORGANISMS,

PLANTS,PLANT PRODUCTS AND OTHER OBJECTS FOR

TRIAL OR SCIENTIFIC PURPOSES AND FOR WORK ON

VARIETAL SELECTIONS EUROPEAN COMMUNITIES

LETTER OF AUTHORITY

[Name of Ministry]

[Name of Competent Authority]

Malta

NUMBER

LETTER OF AUTHORITY

For the introduction and/or movement of harmful organisms,

plants, plant products and other objects for trial or scientific

purposes and for work on varietal selections

1. Name and address of Consignor/Plant Protection Organisation

of the country of origin

2. Name and address of person responsible for the approved

activities

3. Name of the responsible official body of the Member State of

Issue Plant Protection Directorate Malta

4. Address and description of the specific site or sites for

quarantine containment

5. Place of origin

6. Phytosanitary Certificate

No:...............................................

Plant Passport

No:..............................................

7. Declared point of entry for material introduced from a third

country

8. Scientific name(s) of the material, including the harmful

organisms concerned

9. Quantity of material

10. Type of material

11. Additional declaration

This material is [introduced into / moved within] * the

Community under Directive 2008/61/EC

Delete as applicable

12. Additional Information

13. Endorsement by the responsible official body of the Member

State of origin of the material

Place of Endorsement

Date

Name and signature of authorised officer

14. Stamp of the Plant Protection Directorate, Malta

Place of Issue

Date

Name and signature of authorised officer

*Delete if not applicable

50

- For each additional 25,000

kg

52.50

- Wood (other than bark)

Per consignment

- Up to 1,000m 3 of volume

17.50

- For each additional m

0.175

- Soil and growing medium and Per consignment

Bark

- Up to 25,000 kg of weight

17.50

- For each additional 1,000 kg

0.70

- Maximum Price

140.00

- Grain

Per consignment

- Up to 25,000 kg of weight

17.50

- For each additional 1,000 kg

0.70

- Maximum Price

700.00

- Other plants or plant products Per consignment

17.50

not specified elsewhere in this

table

Where a consignment does not consist exclusively of products falling

under the description of the relevant indent, those parts thereof consisting

of products coming under the description of the relevant indent (lot or

lots) shall be treated as separate consignment.