Control of the Red Palm Weevil Regulations, 2019

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,190, 17 ta’ Mejju, 2019 B 621

L.N. 97 of 2019

PLANT QUARANTINE ACT

(CAP. 433)

Control of the Red Palm Weevil Regulations, 2019

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

Quarantine Act, the Minister for the Environment, Sustainable

Development, and Climate Change has made the following

regulations

The title of these regulations is the Control of the Red Palm Citation.

Weevil Regulations, 2019.

These regulations provide the measures to be taken to Scope.

control and contain the harmful organism Rhynchophorus ferrugineus

(Olivier) hereinafter referred to as the Red Palm Weevil.

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means the Plant Quarantine Act;

"designated site" means a site which contains palm trees of

natural, cultural, historical or aesthetic value and which requires

protection;

"the Director" means the Director responsible for the

Directorate;

"the Directorate" means the Directorate or Department

responsible for Plant Health;

"the pest" means the Red Palm Weevil;

"susceptible plants" means plants, other than fruit and

seeds, having a diameter of the stem at the base of over 5cm and

belonging to the following genera

Brahea Mart., Butia Becc., Chamaerops L., Jubaea Kunth,

Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart.,

Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia Raf.;

"third country" means a country which is not a member of

the European Union.

(1)

Any person, entity, governing body, local council

or any other legally constituted body, which is responsible for any

areas and/or territories on which any susceptible plants are found,

are obliged to notify the Directorate in case of any presence or

suspected presence of the pest and, or any signs or symptoms.

(2) Plants that are infected or suspected of being infected shall,

to the satisfaction of the Director, be either felled or treated in the

approved manner, so as to contain the harmful organism and prevent

further spread.

(1) If the Directorate finds traces of the presence or

possible presence of the pest in a plant and, or on a property, it shall

(a)

send a notification letter to the occupier, possessor,

lessee, resident or owner of the plant or property, where the

owner, possessor, lessee, resident or owner is known to the

Directorate, informing about the presence or the likely presence

of the pest and that action is to be taken within the time frame

given by the Directorate in the said notification letter; or

(b) when the occupier, possessor, lessee, resident or

owner is unknown to the Directorate, the Directorate shall affix a

notice informing about the presence or the likely presence of the

pest, on the façade, wall or border surrounding the property and

instructing necessary action to be taken within the given time

indicated on the notice from the date of the said notice.

Such persons shall be obliged to treat and, or fell that plant or take

any other action deemed necessary on the plant and, or in the

demarcated property in terms of instructions given by the

Directorate within that period of time.

(2) The person who is responsible for the property where the

infected plant or plants are situated shall be obliged to follow the

instructions given by the Directorate to treat the plant against the pest.

Should the Directorate decide that the infected plant needs to be felled,

then the person shall proceed forthwith to follow the Directorate’s

instructions for its felling and disposal.

(3) The felling of infected susceptible plants and their

subsequent disposal shall be regulated by these regulations and by the

Director, who may, from time to time, indicate the appropriate method

for such felling and disposal, which any person, carrying out such act,

shall rigorously adhere to.

(4) Failure on the part of such person to adhere to the

Directorate’s instructions within the given period will entitle the

Directorate, or any person or entity on behalf of the Directorate, to

enter and have access to the property, with the assistance of the

members of the Police Force, if necessary, and take any necessary

action to control the pest. Such person may be liable to a penalty in

terms of article 30(1) of the Act. Should such person restrict or, in any

manner whatsoever, impede the Directorate in taking all the necessary

steps to control the pest, such person may also be liable to criminal

proceedings in terms of the Criminal Code if the circumstances so Cap. 9.

merit.

(1) Any entity, governing body, local council or any other Responsibilities

legally constituted body which manages and, or administers or is of legal entities.

responsible for any of the designated sites as published by the

Directorate in the Gazette, shall be obliged to follow the guidelines

and measures issued in Government Notices by the Directorate and

which the Director may, from time to time, deem necessary to issue.

(2) Failure by such entity, governing body, local council or any

other legally constituted body to abide by the Directorate’s instructions

shall entitle the Director to gain access to any premises and, or

property and to take any action which is deemed necessary in terms of

these regulations. All expenses incurred by the Directorate in

exercising such action shall be borne solely by the entity, governing

body, local council or any other legally constituted body on whose

property or premises the plants are found.

(1) (a) The importation of susceptible plants from a third Importation and

country shall be notified to the Directorate at least forty-eight hours movement.

prior to the arrival of the material in Malta by means of the Third

Countries Notification form available on the Directorate’s website.

(b) The susceptible plants referred to in paragraph (a)

shall be accompanied by a phytosanitary certificate as stipulated in

point 37.1 of Schedule IV, Part A, Section I of the Plant Quarantine

(Harmful Organisms) Regulations.

(2) Should the pest or signs or symptoms of the pest, be found

present during official inspections that may be performed by the

Directorate, on imported susceptible plants, the Directorate shall issue

instructions for the actions to be taken.

(3) (a) The movement of susceptible plants, shall be declared

through the Supplementary Declaration System of Malta (Intrastat) at

least forty-eight hours (48) before such movement takes place.

(b) (i)

Plants of Palmae referred to in sub-regulation

(1) shall be accompanied by a plant passport prepared and issued

in accordance with the Plant Quarantine (Harmful Organisms)

Regulations.

(ii) Such plants are subject to control measures or

obligations in terms of any guidelines issued by the Directorate,

or which the Director may, from time to time, deem necessary to

issue.

(1) The Director shall revoke the measures taken to

control the pest or to prevent it from spreading only if the Director is

satisfied that no further risks exist.

(2) These regulations are without prejudice to the Trees and

Woodlands Protection Regulations and the Propagation Material of

Ornamental Plants Regulations.

(3) Nothing in these regulations shall be construed to

contravene the provisions of the Act and regulations thereunder, and,

or relative European Union Regulations, Directives and Decisions.

(4) Without prejudice to the provisions of these regulations, the

Director is empowered to issue additional guidelines, as may be

necessary.

The Control of the Red Palm Weevil Regulations are

hereby being repealed.

€0.18