Regulations, 2017

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,735, 3 ta’ Marzu, 2017

L.N. 73 of 2017

PLANT QUARANTINE ACT

(CAP. 433)

Fruit Trees Propagating Material (Amendment)

Regulations, 2017

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

Quarantine Act, the Minister for Sustainable Development, the

Environment and Climate Change has made the following

regulations:-

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

Propagating Material (Amendment) Regulations, 2017, and these scope.

regulations shall be read and construed as one with the Fruit Trees S.L. 433.08

Propagating Material Regulations, hereinafter referred to as "the

principal regulations".

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

Implementing Directive 2014/96/EU as regards the requirements for

the labelling, sealing and packaging of fruit plant propagating

material and fruit plants intended for fruit production, falling within

the scope of the principal regulations.

Sub-regulation (1) of regulation 8 of the principal Amends

regulation 8 of

regulations shall be substituted by the following

the principal

regulations.

"(1) Propagation material and fruit plants shall be

marketed only in sufficiently homogeneous lots and if they

have

(a) qualified as CAC material and accompanied

by a document issued by the supplier in accordance with

the specific requirements established pursuant to

regulation 5. If an official declaration appears on this

document, it shall be clearly separate from all other

information in the document; or

(b) qualified as pre-basic, basic or certified

material and certified as such by the responsible official

body, in accordance with the specific requirements

established pursuant to regulation 5

Provided that the requirements in respect of propagation

material or fruit trees with regard to labelling, sealing and

packaging provided in Schedule II to the principal regulations

shall be respected.".

Immediately after Schedule I to the principal regulations

there shall be added the following new schedule

"SCHEDULE II

Labelling, sealing and packaging requirements

1. The responsible official body shall ensure that fruit plant

propagating material, hereinafter "propagating material", officially

certified as pre-basic material, basic material or certified material,

and fruit plants intended for fruit production, hereinafter "fruit

plants", officially certified as certified material, are only marketed if

they comply with the labelling, sealing and packaging requirements

set out in Section I and III of this Schedule. Where appropriate, an

accompanying document, as provided for in Section II, may be used

to complement the label.

2. The responsible official body shall ensure that propagating

material and fruit plants which qualify as CAC (Conformitas Agraria

Communitatis) material are only marketed if they comply with the

requirements for the supplier's document set out in Section IV.

I.

Label for pre-basic, basic or certified material

(1) The responsible official body shall ensure that for pre-

basic, basic or certified material a label complying with paragraphs

(2) to (5) of this Section is prepared and affixed by such body to the

plants or parts of plants to be marketed as propagating material or

fruit plants. Suppliers may be allowed to prepare and affix the label

under the responsible official body’s supervision. The design of the

label shall be established by the responsible official body, in

accordance with paragraphs (2), (3) and (4).

Propagating material or fruit plants forming part of the

same lot may be marketed with a single label where such material or

such plants are part of the same package, bundle or container, and that

label is affixed in accordance with the second sub-paragraph of

paragraph (5).

The responsible official body may provide that fruit plants,

which are one or more years old, are to be labelled individually. In

this case, labelling may be carried out in the field before or during

uprooting or later. Where labelling is carried out later, plants of the

same lot shall be uprooted together and be kept separate from other

lots in labelled containers until those plants are labelled.

(2) The label shall contain the following information

(a)

the indication "EU rules and standards";

(b)

Member State of labelling or the respective code;

(c)

responsible official body or the respective code;

(d) name of supplier or its registration number/code

issued by the responsible official body;

(e)

reference number of package or bundle, individual

serial number, week number or batch number;

(f)

botanical name;

(g)

category, and for basic material also the generation

number;

(h) denomination of the variety and, where appropriate,

the clone. In the case of rootstocks not belonging to a variety,

the name of the species or the interspecific hybrid concerned.

For grafted fruit plants, such information shall be given for the

rootstock and the top-graft. For varieties for which an

application for official registration or for a plant variety right is

pending, such information shall indicate: "proposed

denomination" and "application pending";

(i)

the indication "variety with an officially recognised

description", where appropriate;

(j)

quantity;

(k) country of production and the respective code,

where different from the Member State of labelling;

(l)

year of issue;

(m) in case the original label is replaced by another

label: the year of issue of the original label.

(3) The label shall be indelibly printed in one of the official

languages of the Union, easily visible and legible.

(4) If a coloured label is used in respect of any category of

plants or parts of plants, the colour of the label shall be

(a)

white with a diagonal violet stripe for pre-basic-

material;

(b)

white for basic material;

(c)

blue for certified material.

(5) The label shall be affixed to the plants or parts of plants to

be marketed as propagating material or fruit plants. Where such

plants or parts of plants are to be marketed in a package, bundle or

container, the label shall be affixed to that package, bundle or

container.

Where, in accordance with the second sub-paragraph of

paragraph (1), propagating material or fruit plants are marketed with a

single label, that label shall be affixed to the package, bundle or

container formed by that propagating material or those fruit plants.

II.

Accompanying document for pre-basic, basic or certified

material

(1) It may be provided that an accompanying document may

be made by the responsible official body, or by the supplier concerned

under the supervision of this body, for lots of different varieties or

types of pre-basic, basic or certified material to be marketed together

to complement the label referred to in Section I.

(2) The accompanying document shall fulfil the following

requirements

(a)

include the information set out in Section I(2) and as

indicated on the respective label;

(b)

be written in one of the official languages of the

Union;

(c)

be delivered at least in duplicate (supplier and

recipient);

(d) accompany the material from the place of the

supplier to the place of the recipient;

(e)

include the name and address of the recipient;

(f)

include the date of issue of the document;

(g) include, where appropriate, additional information

relevant to the lots concerned.

(3) Where the information in the accompanying document

contradicts the information on the label referred to in Section I, the

information on that label shall prevail.

III. Sealing and packaging requirements for pre-basic, basic or

certified material

(1) It shall be ensured that, where pre-basic, basic or certified

material is marketed in lots of two or more plants or parts of plants,

those lots are sufficiently homogeneous.

Plants or parts of plants making up such lots shall fulfil the

requirements of points (a) or (b)

(a)

plants or parts of plants are in a package or container

sealed as defined in paragraph (2); or

(b) plants or parts of plants form part of a bundle sealed

as defined in paragraph (2).

(2) For the purposes of these regulations, "sealing" means: in

the case of a package or container, closing in such a way that it cannot

be opened without damaging the closure, in the case of a bundle,

tying up in such a way that the plants or parts of plants forming part

of the bundle cannot be separated without damaging the tie or ties.

The package, the container or bundle shall be labelled in such a way

that the removal of the label renders it invalid.

IV. Supplier’s document for CAC material

(1) The responsible official body shall ensure that CAC

material is marketed with a document prepared by the supplier and

complying with paragraphs (2) and (3) of this Schedule, hereinafter

"the supplier's document".

The responsible official body shall ensure that the

supplier's document does not resemble a label referred to in Section I

or an accompanying document referred to in Section II, so as to avoid

any possible confusion between the supplier’s document and those

two documents.

(2) The supplier’s document shall contain at least the

following information

(a)

the indication "EU rules and standards";

(b) Member State where the supplier’s document has

been prepared, or the respective code;

(c)

responsible official body or the respective code;

(d) name of supplier or its registration number/code

issued by the responsible official body;

(e)

individual serial number, week number or batch

number;

(f)

botanical name;

(g)

CAC material;

(h) denomination of the variety and, where appropriate,

the clone. In the case of rootstocks not belonging to a variety,

the name of the species or the interspecific hybrid concerned.

For grafted fruit plants such information shall be given for the

rootstock and the top-graft. For varieties for which an

application for official registration or for a plant variety right is

pending, such information shall indicate: "proposed

denomination” and “application pending";

(i)

quantity;

(j)

country of production and the respective code,

where different from the Member State where the supplier’s

document has been prepared;

(k)

date of issue of the document.

(3) The supplier’s document shall be indelibly printed in one

of the official languages of the Union and easily visible and legible.".

€0.27