Regulations, 2022

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,850, 3 ta’ Mejju, 2022 B 657

L.N. 127 of 2022

PLANT QUARANTINE ACT

(CAP. 433)

Seeds of Agricultural Plants and Vegetables (Amendment)

Regulations, 2022

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

Quarantine Act, the Minister for Agriculture, Fisheries and Animal

Rights has made the following regulations:-

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

Agricultural Plants and Vegetables (Amendment) Regulations, 2022 scope.

and these regulations shall be read and construed as one with the Seeds S.L. 433.30.

of Agricultural Plants and Vegetables Regulations, hereinafter referred

to as "the principal regulations".

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

Implementing Directive (EU) 2021/1927 of 5 November 2021

amending Annexes I and II to Council Directive 66/402/EEC as

regards the requirements for seeds of hybrid wheat produced by means

of cytoplasmic male sterility.

Schedule II to the principal regulations shall be amended as Amends

Schedule II to

the principal

regulations.

(a) point C of Section 1, Part I, Cereals, thereof shall be

substituted by the following new Point

"C. Crops to produce certified seed of hybrids of

Avena nuda, Avena sativa, Avena strigosa and self-

pollinating xTriticosecale and crops to produce certified

seed of hybrids of Hordeum vulgare, Triticum aestivum

subsp. aestivum, Triticum aestivum subsp. spelta and

Triticum turgidum subsp. durum, by means of a technique

other than Cytoplasmic Male Sterility (CMS):"; and

(b) immediately after point 3 of Point C of Part I of

Section 1 thereof there shall be added the following new point

"4. Crops to produce basic and certified seed of

hybrids of Triticum aestivum subsp. aestivum, Triticum

aestivum subsp. spelta and Triticum turgidum subsp. durum

by means of CMS

(a) The crop shall conform to the following

standards as regards distances from neighbouring

sources of pollen, which may result in undesirable

foreign pollination

Crop

Minimum distance

For the CMS female

300m

component

for

the

production of basic seed

For the production of

25m

certified seed

(b) The crop shall have sufficient varietal

identity and purity as regards the characteristics of

the components.

In particular, the crop shall conform to the

following standards

(i) The percentage by number of plants,

which are obviously not true to type, shall not

exceed

— for the crops used to produce basic

seed, 0.1% for the maintainer and the restorer

line and 0.3% for the CMS female component,

and

— for the crops used to produce certified

seed, 0.3% for the restorer and 0.6% for the

CMS female component and 1% in case the

CMS female component is a single hybrid;

(ii) The level of male sterility of the

female component shall be at least

— 99.7% for crops used to produce basic

seed, and

— 99% for crops used to produce

certified seed;

(iii) The

conformity

with

the

requirements of points (i) and (ii) shall be

examined by official post-control test.

(c) Certified seed may be produced in mixed

cultivation of a female male-sterile component with a male

component, which restores fertility.

The Directorate shall report by 28 February of each year to the

Commission and the other Member States the results of the preceding

year concerning the quantity of produced hybrid seeds, compliance of

the field inspections with the respective requirements, the percentage

of seed lots, which have been rejected due to insufficient quality

parameters, and any further information justifying that rejection This

reporting obligation shall be applicable until 28 February 2030.".

Schedule III to the principal regulations shall be amended Amends

Schedule III to

the principal

regulations.

(a) point C of Part I of Section 1 thereof shall be

substituted by the following new Point

"C. Hybrids of Avena nuda, Avena sativa, Avena

strigosa, Hordeum vulgare, Triticum aestivum subsp.

aestivum, Triticum aestivum subsp. spelta, Triticum

turgidum subsp. durum and self-pollinating xTriticosecale

The minimum varietal purity of the seed of the

category certified seed shall be 90%.

In case of Hordeum vulgare, Triticum aestivum

subsp. aestivum, Triticum aestivum subsp. spelta and

Triticum turgidum subsp. durum produced by means

of CMS, it shall be 85%. Impurities other than the

restorer shall not exceed 2%.

The minimum varietal purity shall be examined

in official post-control test on an appropriate

proportion of samples.

The Directorate shall report by 28 February of

each year to the Commission and the other Member

States the results of the preceding year concerning the

quantity of produced hybrid seeds of Triticum

aestivum subsp. aestivum, Triticum aestivum subsp.

spelta and Triticum turgidum subsp. durum, and the

percentage of seed lots which have been rejected due

to insufficient quality parameters, results of the post-

control test and any further information justifying

that rejection. This reporting obligation shall be

applicable until 28 February 2030."; and

(b) the heading of Point E of Part I of Section 1 thereof

shall be substituted by the following new heading

"E. Hybrids of Secale cereale and CMS-hybrids of

Hordeum vulgare, Triticum aestivum subsp. aestivum,

Triticum aestivum subsp. spelta and Triticum turgidum

subsp. durum:".

€0.18