Propagation Material of Vines (Amendment) Regulations, 2020

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,492, 2 ta’ Ottubru, 2020 B 2537

L.N. 383 of 2020

PLANT QUARANTINE ACT

(CAP. 433)

Propagation Material of Vines (Amendment) Regulations, 2020

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

Quarantine Act, the Minister responsible for agriculture has made the

following regulations:-

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

Material of Vines (Amendment) Regulations, 2020, and these scope.

regulations shall be read and construed as one with the Propagation S.L. 433.15.

Material of Vines Regulations, hereinafter referred to as "the principal

regulations".

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

Implementing Directive (EU) 2020/177 of 11 February 2020 amending

Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/55/

EC, 2002/56/EC and 2002/57/EC, Commission Directives 93/49/EEC

and 93/61/EEC and Implementing Directives 2014/21/EU and 2014/

98/EU as regards pests of plants on seeds and other plant reproductive

material.

In the principal regulations, the words "the Department", Amends the

wherever they occur, shall be substituted by the words "the principal

regulations.

Directorate",.

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 to make

provisions to ensure that any propagation material of vine,

produced in Malta or placed on the market in Malta, or intended

to be moved to another Member State, meets specified standards

of quality.

(2) These regulations shall apply to plant material

utilised for the vegetative propagation of vines, hereinafter

referred to as the propagation material as hereinafter defined,

produced and marketed within the European Union.

(3) These regulations transpose Council Directive 68/

193/EEC of 9 April 1968 on the marketing of material for the

vegetative propagation material of the vine."

Regulation 3 of the principal regulations shall be amended

as follows

(a) the definition "the Department" thereof shall be

deleted;

(b) the definition "the Director" thereof shall be

substituted by the following

" "the Director" means the Director responsible for

the Directorate;";

(c) immediately after the definition "the Director"

thereof, there shall be added the following new definition

" "the Directorate" means the Directorate or

Department responsible for plant health;"; and

(d) immediately after the definition "propagation

material", there shall be added the following new definition

" "regulated non-quarantine pests", hereafter referred

to as "RNQPs", means a pest that fulfils all the conditions set

out under Article 36 of Regulation (EU) 2016/2031 of the

European Parliament and the Council as regards protective

measures against pests of plants, and is included in the list of

Union regulated non-quarantine pests under Annex IV of

Commission Implementing Regulation (EU) 2019/2072

establishing uniform conditions for the implementation of

Regulation (EU) 2016/2031 and repealing Commission

Regulation (EC) No 690/2008 and amending Commission

Implementing Regulation (EU) 2018/2019;".

Regulation 4 of the principal regulations shall be

substituted by the following

"4. (1) Professional operators introducing vine

propagation material from another EU Member State shall

declare the introduction of such material forty-eight (48) hours

prior to its arrival in Malta, through the Supplementary

Declaration System of Malta (Intrastat), of each lot received by

them.

(2) The non-professional final users being supplied with

vine propagation material from another EU Member State shall

also inform the Directorate by means of the EU Plant

Notification Form (For General Public) available on the

Directorate’s website, forty-eight (48) hours prior to the arrival

of the plant material in Malta of each lot received by them.

(3) The professional operators and the non-professional

final users being supplied with vine propagation material being

imported from a third country shall also inform the Directorate

by means of the Third Countries Notification Form available on

the Directorate’s website forty eight hours (48) prior to the

arrival, of the plant material in Malta of each lot received by

them.".

Regulations 5 and 6 of the principal regulations shall be Deletes

regulations 5

deleted.

and 6 of the

principal

regulations.

Schedule I annexed to the principal regulations shall be Substitutes

Schedule I

substituted by the following

annexed to the

principal

regulations.

"SCHEDULE I

Conditions relating to the growing crop

Section A – Identity, purity and cultural conditions

1. The growing crop shall have identity and purity with

regard to the variety and, where applicable the clone.

2. The cultural conditions and the level of development

of the growing crop shall be such as to allow sufficient checks on

the identity and purity of the growing crop with regards to the

variety and, if necessary, the clone, as well as its state of health.

Section B – Health requirements for stock nurseries intended

for the production of all categories of propagating material and for

cutting nurseries of all categories

1. This Section shall apply to stock nurseries intended

for the production of all categories of propagating material, and

to cutting nurseries of all those categories.

2. The stock nurseries and the cutting nurseries shall, by

visual inspection, be found free from the regulated non-

quarantine pests (RNQPs) listed in Sections F and G, as regards

the genus or species concerned.

The stock nurseries and the cutting nurseries shall be

sampled and tested for the RNQPs listed in Section G, as regards

the genus or species concerned. In case of doubts concerning the

presence of the RNQPs listed in Sections F and G, as regards the

genus or species concerned, the stock nurseries and cutting

nurseries shall be sampled and tested.

3. Visual inspection and, where appropriate, sampling

and testing of the stock nurseries and cutting nurseries concerned

shall be carried out pursuant to Section H.

4. Sampling and testing, as provided for in item 2, shall

take place in the most appropriate period of the year taking into

account the climatic conditions and the growing conditions of

the vine, and the biology of the RNQPs relevant for that vine.

As regards sampling and testing, the Directorate shall apply

protocols of the European and Mediterranean Plant Protection

Organisation (EPPO), or other protocols which are

internationally recognised. Where such protocols do not exist,

the relevant protocols established for Malta shall be applied. In

that case, the Directorate shall, on request, make available those

protocols to the other Member States and to the European

Commission.

As regards sampling and testing of vines in the stock

nurseries intended for the production of initial propagating

material, the Directorate shall apply biological indexing on

indicator plants to assess the presence of viruses, viroids, virus-

like diseases and phytoplasmas, or other equivalent protocols

which are internationally recognised.

Section C - Soil requirements and production conditions for

stock nurseries intended for the production of all categories of

propagating material, and for cutting nurseries of all categories of

propagating material

1. The vines in stock nurseries and cutting nurseries

may only be planted in soil or, where appropriate, in pots with

growing media, free from any pests which may host the viruses

listed in Section G. Freedom from such pests shall be established

by sampling and testing.

That sampling and testing shall be carried out taking into

account the climatic conditions and the biology of the pests

which may host the viruses listed in Section G.

2. Sampling and testing shall not be carried out when

the official control authority concludes on the basis of an official

inspection that the soil is free from any pests which may host the

viruses listed in Section G.

Sampling and testing shall also not be carried out where

vines have not been grown in the soil of production for a period

of at least five years and where there is no doubt concerning the

absence in that soil of the pests which may host the viruses listed

in Section G.

3. As regards sampling and testing, the Directorate shall

apply protocols of the EPPO, or other protocols which are

internationally recognised. Where such protocols do not exist,

the Directorate shall apply the relevant protocols established for

Malta. In that case, the Directorate shall, on request, make

available those protocols to the other Member States and to the

European Commission.

Section D - Requirements with regard to the production site,

place of production or area

1. The stock nurseries and the cutting nurseries shall be

established under appropriate conditions to prevent any risk of

contamination by pests which may host the viruses listed in

Section G.

2. The cutting nurseries shall not be established within a

vineyard or stock nursery. The minimum distance from a

vineyard or stock nursery shall be three meters.

3. In addition to the health and soil requirements, and

production conditions of Sections B and C, propagating material

shall be produced in accordance with the requirements for the

production site, place of production, or area as laid down in

Section H to limit the presence of the pests listed in that Section.

Section E - Official inspections

1. The propagating material produced in stock nurseries

and cutting nurseries shall be found to comply with the

requirements of Sections B to D through annual official crop

inspections.

2. Those official inspections shall be carried out by the

official control authority in accordance with Section H.

3. Additional official crop inspections shall be carried

out in cases of disputes on matters which can be decided without

prejudice to the quality of the propagating material.

Section F - List of RNQPs for the presence of which visual

inspection, and in the case of doubts, sampling and testing are

required pursuant to item 2 of Section B

Genus or species of vine

RNQPs

propagating material other than

seeds

Non-grafted Vitis vinifera L.

Insects and mites

Viteus vitifoliae Fitch (VITEVI)

Vitis L. other than non-grafted

Insects and mites

Vitis vinifera L.

Viteus vitifoliae Fitch (VITEVI)

Vitis L.

Bacteria

Xylophilus ampelinus Willems et al.

(XANTAM)

Vitis L.

Viruses, viroids, virus-like diseases

and phytoplasmas

Phytoplasma

Candidatus

solani

Quaglino et al. [PHYPSO]

Section G - List of RNQPs for the presence of which visual

inspection, and in particular cases, sampling and testing are

required pursuant to item 2 of Section B and Section H

Genus or species

RNQPs

Vitis L. propagating Viruses, viroids, virus-like diseases and

material other than seeds

phytoplasmas

Arabis mosaic virus (ARMV00)

Grapevine fanleaf virus (GFLV00)

Grapevine leafroll associated virus 1 (GLRAV1)

Grapevine leafroll associated virus 3 (GLRAV3)

Rootstocks of Vitis spp. Viruses, viroids, virus-like diseases and

and their hybrids, except Vitis phytoplasmas

vinifera L.

Arabis mosaic virus (ARMV00)

Grapevine fanleaf virus (GFLV00)

Grapevine leafroll associated virus 1 (GLRAV1)

Grapevine leafroll associated virus 3 (GLRAV3)

Grapevine fleck virus (GFKV00)

Section H - Requirements concerning measures for Vitis L.

stock nurseries and, where applicable, cutting nurseries per

category, pursuant to item 2 of Section B

Vitis L.

1. Initial propagating material, basic propagating

material and certified material

Visual inspections

The official control authority shall carry out visual

inspections on stock nurseries and cutting nurseries at least once

per growing season for all RNQPs listed in Sections F and G.

2. Initial propagating material

Sampling and testing

All vines in the stock nurseries intended for the production

of initial propagating material, shall be sampled and tested

concerning the presence of Arabis mosaic virus, Grapevine

fanleaf virus, Grapevine Leafroll-associated Virus 1 and

Grapevine Leafroll-associated Virus 3. That sampling and testing

shall be repeated with subsequent intervals of five years.

The stock nurseries intended for the production of

rootstocks shall be, in addition to the sampling and testing of the

viruses referred to in the first indent, sampled and tested once

concerning the presence of Grapevine fleck virus.

The results of sampling and testing shall be available

before acceptance of the stock nurseries concerned.

3. Basic propagating material

Sampling and testing

All vines in the stock nurseries intended for the production

of basic propagating material shall be sampled and tested

concerning the presence of Arabis mosaic virus, Grapevine

fanleaf virus, Grapevine Leafroll-associated Virus 1 and

Grapevine Leafroll-associated Virus 3.

Sampling and testing shall start from six-year-old stock

nurseries and with subsequent intervals of six years.

The results of sampling and testing shall be available

before acceptance of the stock nurseries concerned.

4. Certified material

Sampling and testing

A representative portion of vines in a stock nursery

intended for the production of certified material shall be sampled

and tested concerning the presence of Arabis mosaic virus,

Grapevine fanleaf virus, Grapevine Leafroll-associated Virus 1

and Grapevine Leafroll-associated Virus 3.

Sampling and testing shall start from ten-year-old stock

nurseries and with subsequent intervals of ten years.

The results of sampling and testing shall be available

before acceptance of the stock nurseries concerned.

5. Initial propagating

material,

basic

propagating

material, and certified material

Requirements with regard to the production site, place

of production or area and according to the RNQPs

concerned

(a)

Candidatus Phytoplasma solani Quaglino et al.

(i) Vines shall be produced in areas known to be

free from Candidatus Phytoplasma solani Quaglino et al.;

(ii) no symptoms of Candidatus Phytoplasma

solani Quaglino et al. have been observed on vines in the

production site over the last complete growing season; or

(iii) the following conditions shall be fulfilled with

regard to the presence of Candidatus Phytoplasma solani

Quaglino et al.

— all vines in the stock nurseries intended

for the production of initial propagating material and

basic propagating material showing symptoms of

Candidatus Phytoplasma solani Quaglino et al. have

been rogued out; and

— all vines in the stock nurseries intended

for the production of certified material showing

symptoms of Candidatus Phytoplasma solani

Quaglino et al. have been at least excluded from

propagation; and

— in the case where propagating material

which is intended for marketing shows symptoms of

Candidatus Phytoplasma solani Quaglino et al., the

entire lot of that material shall be subjected to hot

water treatment, or another appropriate treatment in

accordance with protocols of EPPO, or other

protocols which are internationally recognised to

ensure freedom from Candidatus Phytoplasma solani

Quaglino et al.

(b)

Xylophilus ampelinus Willems et al.

(i) Vines shall be produced in areas known to be

free from Xylophilus ampelinus Willems et al.; or

(ii) no symptoms of Xylophilus ampelinus Willems

et al. have been observed on vines in the production site

over the last complete growing season; or

(iii) the following conditions shall be fulfilled with

regard to the presence of Xylophilus ampelinus Willems et

— all vines in the stock nurseries intended

for the production of initial propagating material,

basic propagating material, and certified material

showing symptoms of Xylophilus ampelinus Willems

et al. have been rogued out and appropriate hygiene

measures shall be taken, and

— vines in the production site showing

symptoms of Xylophilus ampelinus Willems et al.

shall be treated with a bactericide after pruning to

ensure freedom from Xylophilus ampelinus Willems

et al.; and

— in the case where propagating material

which is intended for marketing shows symptoms of

Xylophilus ampelinus Willems et al., the entire lot of

that material shall be subjected to hot water treatment

or another appropriate treatment in accordance with

protocols of EPPO, or other internationally

recognised protocols to ensure freedom from

Xylophilus ampelinus Willems et al.

(c) Arabis mosaic virus, Grapevine fanleaf virus,

Grapevine Leafroll-associated Virus 1 and Grapevine

Leafroll-associated Virus 3

(i) The following conditions shall be fulfilled with

regard to the presence of Arabis mosaic virus, Grapevine

fanleaf virus, Grapevine Leafroll-associated Virus 1 and

Grapevine Leafroll-associated Virus 3

— no symptoms of any of those viruses have

been observed on vines in stock nurseries intended

for the production of initial propagating material and

basic propagating material; and

— symptoms of those viruses have been

observed on no more than 5% of vines in stock

nurseries intended for the production of certified

material, and those vines have been rogued out and

destroyed; or

(ii) all vines in the stock nurseries intended for the

production of initial propagating material, and initial

propagating material shall be maintained in insect proof

facilities to ensure freedom from Grapevine Leafroll-

associated Virus 1 and Grapevine Leafroll-associated Virus

3. (d)

Viteus vitifoliae Fitch

(i) Vines shall be produced in areas known to be

free from Viteus vitifoliae Fitch, or

(ii) vines shall be grafted on rootstocks resistant to

Viteus vitifoliae Fitch, or

— all vines in the stock nurseries intended

for the production of initial propagating material, and

all initial propagating material shall be maintained in

insect proof facilities and no symptoms of Viteus

vitifoliae Fitch have been observed on those vines

over the last complete growing season; and

— in the case where propagating material

which is intended for marketing shows symptoms of

Viteus vitifoliae Fitch, the entire lot of that material

shall be subjected to fumigation, hot water treatment,

or another appropriate treatment in accordance with

protocols of EPPO, or other protocols which are

internationally recognised to ensure freedom from

Viteus vitifoliae Fitch.

6. Standard material

Visual inspections

The official control authority shall carry out visual

inspections on stock nurseries and cutting nurseries at least once

per growing season for all RNQPs listed in Sections F and G.

Requirements with regard to the production site, place

of production or area and according to the RNQP(s)

concerned

(a)

Candidatus Phytoplasma solani Quaglino et al.

(i) Vines shall be produced in areas known to be

free from Candidatus Phytoplasma solani Quaglino et al.;

(ii) no symptoms of Candidatus Phytoplasma

solani Quaglino et al. have been observed on vines in the

production site over the last complete growing season; or

(iii) all vines in the stock nurseries intended for the

production of standard material showing symptoms of

Candidatus Phytoplasma solani Quaglino et al. have been

at least excluded from propagation; and

— in the case where propagating material

which is intended for marketing shows symptoms of

Candidatus Phytoplasma solani Quaglino et al., the

entire lot of that material shall be subjected to hot

water treatment, or another appropriate treatment in

accordance with protocols of EPPO, or other

protocols which are internationally recognised to

ensure freedom from Candidatus Phytoplasma solani

Quaglino et al.

(b)

Xylophilus ampelinus Willems et al.

(i) Vines shall be produced in areas known to be

free from Xylophilus ampelinus Willems et al.; or

(ii) no symptoms of Xylophilus ampelinus Willems

et al. have been observed on vines in the production site

over the last complete growing season; or

(iii) the following conditions shall be fulfilled with

regard to the presence of Xylophilus ampelinus Willems et

— all vines in the stock nurseries intended

for the production of standard material showing

symptoms of Xylophilus ampelinus Willems et al.

have been rogued out and appropriate hygiene

measures shall be taken; and

—

vines in the production site showing

symptoms of Xylophilus ampelinus Willems et al.

shall be treated with a bactericide after pruning to

ensure freedom from Xylophilus ampelinus Willems

et al.; and

— in the case where propagating material

which is intended for marketing shows symptoms of

Xylophilus ampelinus Willems et al., the entire lot of

that material shall be subjected to hot water treatment

or another appropriate treatment in accordance with

protocols of EPPO, or other protocols which are

internationally recognised to ensure freedom from

Xylophilus ampelinus Willems et al.

(c) Arabis mosaic virus, Grapevine fanleaf virus,

Grapevine Leafroll-associated Virus 1 and Grapevine

Leafroll-associated Virus 3

Symptoms of all viruses (Arabis mosaic virus,

Grapevine fanleaf virus, Grapevine Leafroll-associated

Virus 1 and Grapevine Leafroll-associated Virus 3) have

been observed on no more than 10% of vines in the stock

nurseries intended for the production of standard material

and those vines have been eliminated from propagation.

(d)

Viteus vitifoliae Fitch

(i) Vines shall be produced in areas known to be

free from Viteus vitifoliae Fitch, or

(ii) vines shall be grafted on rootstocks resistant to

Viteus vitifoliae Fitch, or

(iii) in the case where propagating material which is

intended for marketing showing signs or symptoms of

Viteus vitifoliae Fitch, the entire lot of that material shall be

subjected to fumigation, hot water treatment, or another

appropriate treatment in accordance with protocols of

EPPO, or other protocols which are internationally

recognised to ensure freedom from Viteus vitifoliae Fitch."

Item 2 of Section A of Schedule II annexed to the principal

regulations shall be substituted by the following

"2.

Health of propagation material

Propagating material shall be practically free from any

pests which reduce the usefulness and quality of the propagating

material.

Propagating material shall also comply with the

requirements concerning Union quarantine pests and protected

zone quarantine pests provided for in implementing acts adopted

pursuant to Regulation (EU) 2016/2031, as well as the measures

adopted pursuant to Article 30(1) of the said Regulation.".

€0.63