Fruit Trees Propagation Material (Amendment) Regulations, 2023

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,082, 7 ta’ Lulju, 2023 B 1263

L.N. 152 of 2023

PLANT QUARANTINE ACT

(CAP. 433)

Fruit Trees Propagation Material (Amendment) Regulations, 2023

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 Fruit Trees Citation and

Propagation Material (Amendment) Regulations, 2023 and these scope.

regulations shall be read and construed as one with the Fruit Trees

Propagation Material Regulations, hereinafter referred to as "the S.L. 433.08.

principal regulations".

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

Implementing Directive (EU) 2022/2438 of 12 December 2022

amending Directive 93/49/EEC and Implementing Directive 2014/98/

EU as regards Union regulated non-quarantine pests on propagating

material of ornamental plants, fruit plant propagating material and fruit

plants intended for fruit production.

Regulation 18 of the principal regulations shall be Substitutes

regulation 18 of

substituted by the following new regulation

the principal

regulations.

"18. Malta may, until 31 December 2029, allow the

marketing in its territory of seeds and seedlings produced from

pre-basic, basic and certified mother plants or CAC material

which existed before 1 January 2017 and have been officially

certified or meet the conditions to be qualified as CAC material

before 31 December 2029. When marketed such materials shall

be identified by a reference to this regulation on the label and a

document.".

In the first column of Schedule I to the principal regulations Amends

the words "Prunus amygdalus Batsch" shall be substituted by the words Schedule

the principal

"Prunus dulcis (Mill.) D. A. Webb".

regulations.

Schedule IV to the principal regulations shall be amended Amends

Schedule IV to

as follows

the principal

regulations.

(a) paragraph (5) of item 9 of Part I thereof shall be

substituted by the following new paragraph

"(5) Paragraph (1) shall not apply to

(a) pre-basic mother plants and pre-basic

material during cryopreservation;

(b) pre-basic material where that material has

been produced in areas known to, or established to, be

free from the relevant pests in accordance with the

relevant international standards for phytosanitary

measures (Requirements for the establishment of pest

free areas. ISPM No 4 (1995), Rome, IPPC, FAO

2017).";

(b) paragraph (5) of item 15 of Part II thereof shall be

substituted by the following new paragraph

"(5) Paragraph (1) shall not apply to

(a) basic mother plants and basic material

during cryopreservation;

(b) basic material where that material has

been produced in areas known to, or established to, be

free from the relevant pests in accordance with the

relevant international standards for phytosanitary

measures (Requirements for the establishment of pest

free areas. ISPM No 4 (1995), Rome, IPPC, FAO

2017).";

(c) paragraph (5) of item 20 of Part III thereof shall be

substituted by the following new paragraph

"(5) Paragraph (1) shall not apply to

(a) certified mother plants and certified

material during cryopreservation;

(b) certified material where that material has

been produced in areas known to, or established to, be

free from the relevant pests in accordance with the

relevant international standards for phytosanitary

measures (Requirements for the establishment of pest

free areas. ISPM No 4 (1995), Rome, IPPC, FAO

2017).";

(d) paragraph (2) of item 25 of Part IV thereof shall be

substituted by the following new paragraph

"(2) Paragraph 1 shall not apply to

(a)

CAC material during cryopreservation;

(b) CAC material where that material has been

produced in areas known to, or established to, be free

from the relevant pests in accordance with the relevant

international standards for phytosanitary measures

(Requirements for the establishment of pest free areas.

ISPM No 4 (1995), Rome, IPPC, FAO 2017).".

In the second column of Schedule A, in the item for Amends

"Fragaria L" under the sub-heading "Viruses, viroids, virus-like Schedule

the principal

diseases and phytoplasmas" the words "Candidatus Phytoplasma regulations.

australiense Davis et al. [PHYPAU]" shall be deleted.

Schedule B to the principal regulations shall be amended as Amends

Schedule B to

the principal

regulations.

(a) immediately before the item " Citrus L., Fortunella

Swingle and Poncirus Raf" thereof there shall be added the following

new item

"Castanea sativa Mill.

Fungi and oomycetes

Phytophthora ramorum (EU isolates) Werres, De

Cock & Man in ‘t Veld [PHYTRA]";

(b) immediately before the sub-heading "Viruses, viroids,

virus-like diseases and phytoplasmas" in the second column of item

" Vaccinium L." thereof there shall be added the following new item

"Fungi and oomycetes

Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld [PHYTRA]".

Schedule D to the principal regulations shall be amended as Amends

Schedule D to

the principal

regulations.

(a) paragraphs (b), (c) and (d) of item 1 thereof shall be

substituted by the following new paragraphs

"(b) Pre-basic category

Requirements with regards to the production site,

place of production or area

In the case where a derogation is allowed to produce

pre-basic material in the field under non-insect proof

conditions pursuant to Commission Implementing Decision

(EU) 2017/925, the following requirements shall apply

(i)

Cryphonectria parasitica (Murrill) Barr

— propagating material and fruit plants of

the pre-basic category shall be produced in

areas established by the Directorate as being

free from Cryphonectria parasitica (Murrill)

Barr in accordance with relevant international

standards for phytosanitary measures; or

— no symptoms of Cryphonectria

parasitica (Murrill) Barr shall be observed at

the production site on propagating material and

fruit plants of the pre-basic category over the

last complete cycle of vegetation.

(ii) Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld

— propagating material and fruit plants of

the pre-basic category shall be produced in

areas established by the Directorate as being

free from Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld in

accordance

with

relevant

international

standards for phytosanitary measures; or

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating

material and fruit plants of the pre-basic

category at the production site over the last

complete cycle of vegetation.

(c)

Basic category

Requirements with regard to the production site,

place of production or area

(i)

Cryphonectria parasitica (Murrill) Barr

— propagating material and fruit plants of

the basic category shall be produced in areas

established by the Directorate as being free

from Cryphonectria parasitica (Murrill) Barr in

accordance

with

relevant

international

standards for phytosanitary measures; or

— no symptoms of Cryphonectria

parasitica (Murrill) Barr shall be observed at

the production site on propagating material and

fruit plants of the basic category over the last

complete cycle of vegetation.

(ii) Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld

— propagating material and fruit plants of

the basic category shall be produced in areas

established by the Directorate as being free

from Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld in

accordance

with

relevant

international

standards for phytosanitary measures; or

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating

material and fruit plants of the basic category at

the production site over the last complete cycle

of vegetation.

(d)

Certified and CAC categories

Requirements with regards to the production site,

place of production or area

(i)

Cryphonectria parasitica (Murrill) Barr

— propagating material and fruit plants of

the certified and CAC categories shall be

produced in areas established by the Directorate

as being free from Cryphonectria parasitica

(Murrill) Barr in accordance with relevant

International Standards for Phytosanitary

Measures; or

— no symptoms of Cryphonectria

parasitica (Murrill) Barr shall be observed at

the production site on propagating material and

fruit plants of the certified and CAC categories

over the last complete cycle of vegetation; or

— propagating material and fruit plants of

the certified and CAC categories showing

symptoms

of Cryphonectria

parasitica

(Murrill) Barr shall be rogued out, the

remaining propagating material and fruit plants

shall be inspected at weekly intervals and no

symptoms shall be observed at the production

site for at least three weeks before dispatch.

(ii) Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld

— propagating material and fruit plants of

the certified and CAC categories shall be

produced in areas established by the Directorate

as being free from Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t Veld in

accordance

with

relevant

international

standards for phytosanitary measures; or

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating

material and fruit plants of the certified and

CAC categories at the production site over the

last complete cycle of vegetation; or

— propagating material and fruit plants of

the certified and CAC categories showing

symptoms of Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t Veld at

the production site and all plants within a 2m

radius of the symptomatic propagating material

and fruit plants, shall be rogued out and

destroyed, including adhering soil; and

— for all plants located within a 10m

radius of symptomatic propagating material and

fruit plants and any remaining propagating

material and fruit plants from the affected lot

— within three months following

the detection of symptomatic propagating

material and fruit plants, no symptoms of

Phytophthora ramorum (EU isolates) Werres,

De Cock & Man in ‘t Veld shall be observed on

that propagating material and those fruit plants

in at least two inspections at appropriate times

to detect the pest and during that three-month

period no treatments suppressing symptoms of

Phytophthora ramorum (EU isolates) Werres,

De Cock & Man in ‘t Veld shall be carried out;

and

— after that three-month period

—

no

symptoms

of

Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld are

observed on that propagating material and

those fruit plants at the production site; or

— a representative sample of

that propagating material and those fruit

plants to be moved shall be tested and

found free from Phytophthora ramorum

(EU isolates) Werres, De Cock & Man in

‘t Veld; and

— for all other propagating material and

fruit plants at the production site

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock

& Man in ‘t Veld shall be observed on that

propagating material and those fruit plants

at the production site; or

— a representative sample of that

propagating material and those fruit plants

to be moved has been tested and found

free from Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t

Veld.";

(b) the sub-heading "Requirements with regards to the

production site, place of production or area", including the items

thereof, in paragraph (b) in item 4 thereof shall be deleted in its

entirety;

(c) in the indent "1 % in the case of:" in item (iii), under

the sub-heading "Requirements with regards to the production

site, place of production or area" in paragraph (d), in item 6

thereof the words "Candidatus Phytoplasma australiense Davis

et al." shall be deleted.

(d)

item 8 thereof shall be amended as follows

(i) immediately before the sub-heading "Sampling

and Testing" in paragraph (c) thereof, there shall be added

the following new sub-heading

"Requirements with regards to the production

site, place of production or area

(i) Candidatus

Phytoplasma

mali

Seemüller & Schneider

— propagating material and fruit

plants of the basic category shall be

produced in areas known to be free from

Candidatus Phytoplasma mali Seemüller

& Schneider; or

— no symptoms of Candidatus

Phytoplasma mali Seemüller & Schneider

shall be observed on propagating material

and fruit plants of the basic category at

the production site over the last complete

growing season, and any symptomatic

plants in the immediate vicinity shall be

rogued out and immediately destroyed;

(ii) Erwinia

(Burrill)

amylovora

Winslow et al.

— propagating material and fruit

plants of the basic category shall be

produced in areas known to be free from

Erwinia amylovora (Burrill) Winslow et

al.; or

— propagating material and fruit

plants of the basic category in the

production site shall be inspected over the

last complete growing season and any

propagating material and fruit plants

showing symptoms of Erwinia amylovora

(Burrill) Winslow et al. and any

surrounding host plants shall be

immediately rogued out and destroyed.";

(ii)

immediately before the sub-heading "Sampling

and testing" in item (d) thereof, there shall be added the

following new sub-heading

"Requirements with regards to the production

site, place of production or area

(i) Candidatus

Phytoplasma

mali

Seemüller & Schneider

— propagating material and fruit

plants of the certified category shall be

produced in areas known to be free from

Candidatus Phytoplasma mali Seemüller

& Schneider; or

— no symptoms of Candidatus

Phytoplasma mali Seemüller & Schneider

shall be observed on propagating material

and fruit plants of the certified category at

the production site over the last complete

growing season, and any symptomatic

plants in the immediate vicinity shall be

rogued out and immediately destroyed; or

— symptoms of Candidatus

Phytoplasma mali Seemüller & Schneider

shall be observed on not more than 2 % of

propagating material and fruit plants of

the certified category at the production

site over the last complete growing

season, and that propagating material and

those fruit plants, and any symptomatic

plants in the immediate vicinity shall be

rogued out and immediately destroyed,

and a representative sample of the

remaining asymptomatic propagating

material and fruit plants in the lots in

which symptomatic propagating material

and fruit plants were found has been

tested and found free from Candidatus

Phytoplasma

Seemüller

&

mali

Schneider;

(ii) Erwinia

(Burrill)

amylovora

Winslow et al.

— propagating material and fruit

plants of the certified category shall be

produced in areas known to be free from

Erwinia amylovora (Burrill) Winslow et

al.; or

— propagating material and fruit

plants of the certified category in the

production site shall be inspected over the

last complete growing season, and any

propagating material and fruit plants

showing symptoms of Erwinia amylovora

(Burrill) Winslow et al. and any

surrounding host plants shall be

immediately rogued out and destroyed.";

(iii) paragraph (e) thereof shall be deleted.

(e)

item 12 thereof shall be amended as follows

(i) in paragraph (b) the sub-heading "Requirements

with regards to the production site, place of production or

area" and point (i) shall be substituted by the following new

sub-heading and point

"Requirements with regards to the production

site, place of production or area

Phytoplasma

(i) Candidatus

pyri

Seemüller & Schneider

— propagating material and fruit

plants of the pre-basic category shall be

produced in areas established by the

Directorate as being free from Candidatus

Phytoplasma pyri Seemüller & Schneider

in accordance with relevant International

Standards for Phytosanitary Measures; or

— no symptoms of Candidatus

Phytoplasma pyri Seemüller & Schneider

shall be observed on propagating material

and fruit plants of the pre-basic category at

the production site during the last three

growing seasons, and any symptomatic

plants in the immediate vicinity shall be

rogued out and immediately destroyed;";

(ii) in paragraph (e) thereof, the sub-heading

"Requirements with regards to the production site, place of

production or area" and point (i) shall be substituted by the

following new sub-heading and point

"Requirements with regards to the production

site, place of production or area

(i) Candidatus

Phytoplasma

pyri

Seemüller & Schneider

— propagating material and fruit

plants of the basic and certified categories

shall be produced in areas established by

the Directorate as being free from

Candidatus Phytoplasma pyri Seemüller

& Schneider in accordance with relevant

international standards for phytosanitary

measures; or

— no symptoms of Candidatus

Phytoplasma pyri Seemüller & Schneider

shall be observed on propagating material

and fruit plants of the basic and certified

categories at the production site over the

last complete growing season and any

symptomatic plants in the immediate

vicinity shall be rogued out and

immediately destroyed; or

— propagating material and fruit

plants of the basic and certified categories

at the production site and any plants in the

immediate vicinity, which have shown

symptoms of Candidatus Phytoplasma pyri

Seemüller & Schneider during visual

inspections during the last three growing

seasons, shall be rogued out and destroyed

immediately;";

(iii) in paragraph (f) thereof, the sub-heading

"Requirements with regards to the production site, place of

production or area" and point (i), shall be substituted by the

following new sub-heading and point

"Requirements with regards to the production

site, place of production or area

(i) Candidatus

Phytoplasma

pyri

Seemüller & Schneider

— propagating material and fruit

plants of the CAC category shall be

produced in areas established by the

Directorate as being free from Candidatus

Phytoplasma pyri Seemüller & Schneider

in accordance with relevant international

standards for phytosanitary measures; or

— no symptoms of Candidatus

Phytoplasma pyri Seemüller & Schneider

shall be observed on propagating material

and fruit plants of the CAC category at the

production site over the last complete

growing season, and any symptomatic

plants in the immediate vicinity shall be

rogued out and immediately destroyed; or

— propagating material and fruit

plants of the CAC category at the

production site and any plants in the

immediate vicinity, which have shown

symptoms of Candidatus Phytoplasma

pyri Seemüller & Schneider during visual

inspections during the last three growing

seasons, shall be rogued out and

destroyed immediately;";

(f)

item 15 thereof shall be amended as follows

(i) in paragraph (b) thereof in the sub-heading

"Requirements with regards to the production site, place of

production or area", immediately after point (iii)

(Fuckel)

Woronin

and

Exobasidium

vaccinii

Godroniacassandrae (anamorph Topospora myrtilli)

Peck there shall be added the following new point

"(iv) Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld

— propagating material and fruit plants of

the basic category shall be produced in areas

established by the Directorate as being free

from Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld in

accordance

with

relevant

international

standards for phytosanitary measures; or

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating

material and fruit plants of the basic category at

the production site over the last complete cycle

of vegetation.";

(ii) in paragraph (d) thereof, in the sub-heading

"Requirements with regard to the production site, place of

production or area", immediately after point (ii)

Agrobacterium tumefaciens (Smith & Townsend) Conn,

Exobasidium vaccinii (Fuckel) Woronin and Godronia

cassandrae (anamorph Topospora myrtilli) Peck there

shall be added the following new point

"(iii) Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld

— propagating material and fruit plants of

the certified category shall be produced in areas

established by the Directorate as being free

from Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld in

accordance

with

relevant

international

standards for phytosanitary measures; or

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock &

Man in ‘t Veld shall be observed on propagating

material and fruit plants of the certified

category at the production site over the last

complete cycle of vegetation; or

— propagating material and fruit plants of

the certified category showing symptoms of

Phytophthora ramorum (EU isolates) Werres,

De Cock & Man in ‘t Veld at the production site

and all plants within a 2m radius of the

symptomatic propagating material and fruit

plants, shall be rogued out and destroyed,

including adhering soil; and

— for all plants located within a 10m

radius of symptomatic propagating material and

fruit plants and any remaining propagating

material and fruit plants from the affected lot

— within three months following

the detection of symptomatic propagating

material and fruit plants, no symptoms of

Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld shall

be observed on that propagating material

and those fruit plants in at least two

inspections at appropriate times to detect

the pest and during that three-month

period

no

treatments

suppressing

symptoms of Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t

Veld shall be carried out; and

— after that three-month period

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock

& Man in ‘t Veld shall be observed on that

propagating material and those fruit plants

at the production site; or

— a representative sample of that

propagating material and those fruit plants

to be moved has been tested and found

free from Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t

Veld; and

— for all other propagating material and

fruit plants at the production site

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock

& Man in ‘t Veld shall be observed on that

propagating material and those fruit plants

at the production site; or

— a representative sample of that

propagating material and those fruit plants

to be moved has been tested and found

free from Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t

Veld.";

(iii) immediately after paragraph (d) thereof, as

amended, there shall be added the following new

paragraph

"(e) CAC category

Requirements with regards to the production

site, place of production or area

(i) Phytophthora

(EU

ramorum

isolates) Werres, De Cock & Man in ‘t Veld

— propagating material and fruit

plants of the CAC category shall be

produced in areas established by the

Directorate

as

being

free

from

Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld in

accordance with relevant international

standards for phytosanitary measures; or

— no symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock

& Man in ‘t Veld shall be observed on

propagating material and fruit plants of

the CAC category at the production site

over the last complete cycle of vegetation

or;

— propagating material and fruit

plants of the CAC category showing

symptoms of Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t

Veld at the production site and all plants

within a 2m radius of the symptomatic

propagating material and fruit plants,

shall be rogued out and destroyed,

including adhering soil; and

— for all plants located within a

10m radius of symptomatic propagating

material and fruit plants and any

remaining propagating material and fruit

plants from the affected lot

— within three months

following the detection of symptomatic

propagating material and fruit plants, no

symptoms of Phytophthora ramorum (EU

isolates) Werres, De Cock & Man in ‘t

Veld shall be observed on that

propagating material and those fruit plants

in at least two inspections at appropriate

times to detect the pest and during that

three-month period no treatments

suppressing symptoms of Phytophthora

ramorum (EU isolates) Werres, De Cock

& Man in ‘t Veld shall be carried out; and

after that three-month period

— no symptoms of

Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld shall

be observed on that propagating material

and those fruit plants at the production

site; or

— a representative

sample of that propagating material and

those fruit plants to be moved has been

tested and found free from Phytophthora

ramorum (EU isolates) Werres, De Cock

& Man in ‘t Veld; and

— for all other propagating material

and fruit plants at the production site

—

no

symptoms

of

Phytophthora ramorum (EU isolates)

Werres, De Cock & Man in ‘t Veld shall

be observed on that propagating material

and those fruit plants at the production

site; or

— a representative sample of

that propagating material and those fruit

plants to be moved has been tested and

found free from Phytophthora ramorum

(EU isolates) Werres, De Cock & Man in

‘t Veld.".

In Schedule E, the item "Prunus amygdalus Batsch., P. Amends

E to

armeniaca L., P. domestica L., P. persica (L.)Batsch. and P. salicina Schedule

the principal

Lindley" shall be substituted by the following new item

regulations.

"Prunus armeniaca L., Prunus domestica L., Prunus dulcis

(Mill.) D. A. Webb, Prunus persica (L.) Batsch and Prunus salicina

Lindl.".

€0.81