VEGETABLE PROPAGATION AND PLANTING MATERIAL REGULATIONS

SUBSIDIARY LEGISLATION 433.13

VEGETABLE PROPAGATION AND PLANTING

MATERIAL REGULATIONS

15th May, 2004

LEGAL NOTICE 277 of 2004, as amended by Legal Notices 88 of 2007,

45 of 2009, 453 of 2013, 115 of 2014 and 89 and 382 of 2020 and 95 of

2025.

The title of these regulations is the Vegetable Propagation

and Planting Material Regulations.

Amended by

L.N. 88 of 2007;

List of genera and species

L.N. 115 of 2014.

Substituted by

L.N. 89 of 2020.

The following table lists the genera and species to which these regulations apply

Genus or species

Common name

Allium cepa L.

- Cepa group

Onion

Echalion

-Aggregatum group

Shallot

Allium fistulosum L.

Japanese bunching onion or Welsh onion

-all varieties

Allium porrum L.

Leek

-all varieties

Allium sativum L.

Garlic

-all varieties

Allium schoenoprasum L.

Chives

-all varieties

Anthriscus cerefolium (L.) Hoffm.

Chervil

-all varieties

Apium graveolens L.

-Celery Group

-

-Celeriac Group

-

Asparagus officinalis L.

Asparagus

-all varieties

Beta vulgaris L.

-Garden Beet Group

Beetroot including Cheltenham beet

Spinach beet or Chard

-Leaf Beet Group

Brassica oleracea L.

-Kale Group

-

-Cauliflower Group

-

-Capitata Group

Red cabbage and White cabbage

-Brussel Sprouts Group

-

-Kohlrabi Group

-

-Savoy Cabbage Group

-

-Broccoli Group

Calabrese type and sprouting type

-Palm Kale Group

-

-Tronchuda Group

Portuguese cabbage

Brassica rapa L.

-Chinese Cabbage Group

-

-Vegetable Turnip Group

-

Capsicum annuum L.

Chilli or Pepper

-all varieties

Cichorium endivia L.

Endive

-all varieties

Cichorium intybus L.

-Witloof Chicory Group

-

-Leaf Chicory Group

Large-leaved chicory or Italian chicory

-Industrial (Root) Chicory Group

-

Citrullus lanatus (Thunb.) Matsum. et Nakai

Watermelon

-all varieties

Cucumis melo L.

Melon

-all varieties

Cucumis sativus L.

-Cucumber Group

-

-Gherkin Group

-

Cucurbita maxima Duchesne

Gourd

-all varieties

Cucurbita pepo L.

Marrow, including mature pumpkin and

scallop squash or Courgette, including

-all varieties

immature scallop squash

Cynara cardunculus L.

-Globe Artichoke Group

-

-Cardoon Group

-

Daucus carota L.

Carrot

-all varieties

Fodder carrot

Foeniculum vulgare Mill.

Fennel

-Azoricum Group

Lactuca sativa L.

Lettuce

-all varieties

Petroselinum crispum (Mill.) Nyman ex

A.W. Hill

-

-Leaf Parsley Group

-

-Root Parsley Group

Phaseolus coccineus L.

Runner bean

-all varieties

Phaseolus vulgaris L.

-Dwarf French Bean Group

-

-Climbing French Bean Group

-

Pisum sativum L. (partim)

-Round Pea Group

-

-Wrinkled Pea Group

-

-Sugar Pea Group

-

Raphanus sativus L.

-Radish Group

-

-Black Radish Group

-

Rheum rhabarbarum L.

Rhubarb

-all varieties

Scorzonera hispanica L.

Scorzonera or Black salsify

-all varieties

Solanum lycopersicum L.

Tomato

-all varieties

Solanum melongena L.

Aubergine or Eggplant

-all varieties

Spinacia oleracea L.

Spinach

-all varieties

Valerianella locusta (L.) Laterr.

Corn salad or Lamb’s lettuce

-all varieties

Vicia faba L.

Broad bean

-all varieties

Zea mays L.

-Sweet Corn Group

-

-Popcorn Group

-

(1) The scope of these regulations is to make provisions

f or a s s ur i n g t h a t an y p r o pa ga t io n a n d p l a n ti n g m a t e r i a l o f

vegetables other than seed produced, placed on the market in Malta

or being transhipped through Malta prior to its transport to another

Member State meets specified standards of quality.

(2) These regulations shall apply to vegetable propagation and

planting material, other than seeds, of the genera, species and their

hybrids, listed in Schedule I. Rootstocks and other parts of plants

of other genera or species or their hybrids shall also be subject to

these regulations if material of one of the said genera or species, or

of their hybrids is, or has to be, grafted on to them.

(3) These regulations shall not apply to propagation or planting

material intended to be exported to third countries, if properly

identified as such and kept sufficiently isolated, without prejudice

to the health rules laid down in the Act.

(4) The scope of these regulations is also to transpose

Commission Implementing Directive 2013/45/EU amending

Council Directives 2002/55/EC and 2008/72/EC and Commission

Directive 2009/145/EC as regards the botanical name of tomato.

Amended by

L.N. 382 of 2020.

Conditions to be laid down in accordance with regulation 7

Part A

Conditions with which planting material must comply.

Part B

Schedules for genera and species not listed in

the Seeds of Agricultural Plants and Vegetables Regulations

(1) This Schedule establishes the schedules referred to in regulation 7 of these

regulations and sets out requirements for labelling referred to in regulation 11.

(2) The schedule s apply to the growing crop and vegetable propagation

material (including rootstocks) and planting material derived therefrom, of all the

genera and species listed in Schedule I, and to rootstocks of other genera and species

referred to in regulation 7 of these regulations, irrespective of the propagation

system applied, the above mentioned items being hereinafter collectively referred to

as "the material". The provisions of this Schedule shall apply progressively, taking

into account the production cycles of the material referred to in paragraph (2).

(3) The material shall, where applicable, comply with the relevant plant health

conditions laid down in the Act.

(4) The vegetable propagating and planting material shall, at least on visual

inspection, be found at the place of production to be practically free from all pests

listed in Schedule III, with regard to the respective propagating and planting

material. The presence of regulated non-quarantine pests (RNQPs) on vegetable

propagating and planting material that is marketed shall, at least upon visual

inspection, not exceed the respective thresholds set out in Schedule III.

The vegetable propagating and planting material shall upon visual inspection be found

to be practically free from any pests, other than the pests listed in Schedule III with

regard to the respective propagating and planting material, which reduce the usefulness

and quality of the vegetable propagating and planting material. .

(5) The vegetable propagating and planting material shall also comply with the

requirements concerning Union quarantine pests, protected zone quarantine pests and

regulated non-quarantine pests provided for in Regulation (EU) 2016/2031 and in the

implementing acts adopted pursuant to that Regulation, including with the measures

adopted pursuant to Article 30(1) of that Regulation.

(6) The material shall have identity and purity in respect of genera or species

and shall also have sufficient varietal identity and varietal purity.

(7) The material shall be substantially free from defects likely to impair its

quality as propagation or planting material. The vigour and dimensions of the

material shall be satisfactory in respect of its usefulness as vegetable propagation

and planting material. Furthermore, an appropriate balance shall be assured between

the roots, stems and leaves.

For the purpose of these regulations, the following

definitions shall apply -

"the Act" means the Plant Quarantine Act;

"breeder" means the person who bred, discovered and developed

a variety, or his successor in title;

"the Director" means the Director responsible for the Directorate;

"the Directorate" means the Directorate or Department responsible

for plant health;

"laboratory" refers to a public or private law entity carrying out

analysis and proper diagnosis, enabling the producer to monitor

production quality;

"lot" is a number of units of a single commodity, identifiable by

its homogeneity of composition and origin;

"marketing" refers to the holding available or in stock,

displaying or offering for sale, selling and, or delivering to another

person, in whatever form, propagation or planting material;

" o ff i c i a l i n s p e c t i o n " i s a n i n s p e c t i o n c a r r i e d o u t b y t h e

responsible official body;

"official measures" are measures taken by the responsible official

body;

"official statement" is a statement issued by or under the

responsibility of the responsible official body;

"planting material" refers to whole plants and parts of plants

including the grafted components (in the case of grafted plants),

intended for planting for the production of vegetables;

"propagation material" refers to parts of plants and all plant

material, including rootstocks, intended for the propagation and

production of vegetables;

"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;

"responsible official body" is the Directorate;

"supplier" means any natural or legal person carrying out

professionally at least one of the following activities with regards

to vegetable propagation and planting material, namely

reproducing, producing, preserving and, or treating such material

and the marketing thereof.

Amended by

L.N. 115 of 2014.

RNQPs concerning vegetable propagating and

Substituted by

planting material

L.N. 89 of 2020.

Amended by

L.N. 95 of 2025.

Bacteria

RNQPs or symptoms caused

Vegetable propagating and

Threshold for the presence

by RNQPs

planting material (genus or

of RNQPs on the vegetable

species)

propagating and planting

material

Solanum lycopersicum L.

0%

Clavibacter

michiganensis

ssp. michiganensis (Smith)

Davis et al. [CORBMI]

L.,

0%

Xanthomonas euvesicatoria

Capsicum

annuum

Jones et al. [XANTEU]

Solanum lycopersicum L.

Xanthomonas gardneri (ex

L.,

0%

Capsicum

annuum

Šutič 1957) Jones et al.

Solanum lycopersicum L.

[XANTGA]

Xanthomonas perforans Jones

L.,

0%

Capsicum

annuum

et al. [XANTPF]

Solanum lycopersicum L.

Xanthomonas vesicatoria (ex

L.,

0%

Capsicum

annuum

Doidge) Vauterin et al.

Solanum lycopersicum L.

[XANTVE]

Fungi and oomycetes

RNQPs

or

symptoms

Vegetable propagating and

Threshold for the presence

caused by RNQPs

planting material (genus or

of RNQPs on the vegetable

species)

propagating and planting

material

Fusarium Link (anamorphic

Asparagus officinalis L.

0%

genus) [1FUSAG] other than

Fusarium oxysporum f. sp.

albedinis (Kill. & Maire)

W.L. Gordon [FUSAAL]

and Fusarium circinatum

Nirenberg & O’Donnell

[GIBBCI]

Asparagus officinalis L.

0%

Helicobasidium brebissonii

(Desm.) Donk [HLCBBR]

Stromatinia cepivora Berk.

Allium cepa L., Allium

0%

[SCLOCE]

fistulosum L., Allium porrum

L., Allium sativum L.

Verticillium dahliae Kleb.

0%

Cynara cardunculus L.

[VERTDA]

Nematodes

RNQPs or symptoms

Vegetable propagating and

Threshold for the presence

caused by RNQPs

planting material (genus or

of RNQPs on the vegetable

species)

propagating and planting

material

Ditylenchus dipsaci (Kuehn)

Allium cepa L., Allium

0%

Filipjev [DITYDI]

sativum L.

Viruses, viroids, virus-like diseases and phytoplasmas

RNQPs or symptoms

Vegetable propagating and

Threshold for the presence

caused by RNQPs

planting material (genus or

of RNQPs on the vegetable

species)

propagating and planting

material

Leek yellow stripe virus

Allium sativum L.

1%

[LYSV00]

Onion yellow dwarf virus

Allium cepa L., Allium

1%

[OYDV00]

sativum L.

Potato spindle tuber viroid

Capsicum annuum L.,

0%

[PSTVD0]

Solanum lycopersicum L.

Tomato brown rugose fruit

Capsicum annuum L., other

0%

virus [ToBRFV]

than material belonging to a

variety known to be resistant

to ToBRFV. Solanum

lycopersicum L. and hybrids

thereof

Tomato spotted wilt

Capsicum annuum L.,

0%

tospovirus [TSWV00]

Lactuca sativa L., Solanum

lycopersicum L., Solanum

melongena L.

Tomato yellow leaf curl

Solanum lycopersicum L.

0%

virus [TYLCV0]

Deleted by Legal Notice 89 of 2020.

Supervision and monitoring of suppliers and their establishments

(1) This Schedule lays down implementing measures concerning the supervision

and monitoring of suppliers and their establishments, other than those whose activity

is confined to the placing on the market of vegetable propagation and planting

material, pursuant to regulation 10(4), in cases where the checks referred to in

regulation 9(2) are carried out by the suppliers themselves or by an accredited

supplier.

(2) The Department shall carry out regularly, at least once a year at an

appropriate time, supervision and monitoring of suppliers and their establishments in

order to ensure continued compliance with the requirements laid down in these

regulations and in particular with the principles set out in regulation 9(2)(a)(i) to

(iv), account being taken of the particular nature of the activity or activities of the

supplier.

(3) As far as the identification of critical points in the production process

referred to in regulation 9(2)(a)(i) and the keeping of records referred to in

regulation 9(2)(a)(iv) are concerned, the Department shall supervise and monitor the

supplier to ensure that the supplier

(a) continues to take into account the following critical points, where

appropriate

(i)

the quality of the vegetable propagation and planting material

utilized to start the production process,

(ii) the sowing, pricking-out, potting-up and planting of vegetable

propagation and planting material,

(iii) compliance with the conditions laid down in the Act,

(iv) the cultivation plan and method,

(v) general crop care,

(vi) the multiplication operations,

(vii) the harvesting operations,

(viii) hygiene,

(ix) treatments,

(x)

packaging,

(xi)

storage,

(xii) transport, and

(xiii) administration;

(b) keeps records, with a view to having complete information available for

the Department on

(i)

plants or other objects

- purchased for storage or planting on the premises,

- under production, or

- dispatched to others; and

(ii) any chemical treatments that have been applied to the plants, and

the related documents that are kept for at least one year;

(c) is available personally or designates another person technically

experienced in plant production and related plant-health matters, to

liase with the Department;

(d) carries out visual inspections as necessary and at appropriate times in a

manner accepted by the Department; and

(e) allows access by persons entitled to act for the Department, in particular

for inspection and, or sampling purposes, and allows access to the

records and related documents referred to in paragraph (b);

(f)

otherwise cooperates with the Department.

(4) As far as the establishment and implementation of methods for monitoring

and checking the critical points as referred to regulation 9(2)(a)(ii) are concerned,

the Department shall supervise and monitor the supplier to ensure that, where

appropriate, such methods continue to be carried out, giving particular attention to

(a) the availability and actual use of methods for checking each of the

critical points mentioned in paragraph 3 of this Schedule;

(b) the reliability of those methods;

(c) their suitability for an assessment of the content of the production and

marketing arrangements, including the administrative aspects; and

(d) the competence of the supplierís staff to carry out the checks.

(5) As far as the taking of samples for analysis in an accredited laboratory as

referred to in regulation 9(2)(a)(iii) is concerned, the Department shall supervise and

monitor the supplier to ensure, where appropriate, that

(a) samples are taken during the various stages of production at intervals

established by the Department when the production methods were

verified at the time of accreditation;

(b) samples are taken in a technically correct manner and using a

statistically reliable procedure, with particular attention to the kind of

analysis to be carried out;

(c) the persons who take the samples are qualified to do so; and

(d) the analysis of samples is carried out by a laboratory that is accredited

for that purposes pursuant to regulation 10(2).

(1) Professional

operators

introducing

vegetable

propagation and planting material from another EU Member State

shall declare the introduction of vegetable propagation and planting

material forty-eight (48) hours prior to their 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

vegetable propagation and planting 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 vegetable propagation and planting material in Malta of each lot

received by them.

(3) The professional operators and the non-professional final

users being supplied with vegetable propagation and planting

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 (48) hours prior

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

them.

Supplier’s Document

1. The supplier’s document referred to in regulation 11 shall be of suitable

material which has not previously been used and shall be printed in Maltese or in

English. It shall contain the following information headings

(a) indication "EC quality";

(b) indication of EU Member State code;

(c) indication of the responsible official body or its distinguishing code;

(d) registration or accreditation number;

(e) name of supplier;

(f)

individual serial, week or batch number;

(g) date of issue of the supplierís document;

(h) reference number of seed lot in the case of young plants raised directly

from seeds marketed pursuant to regulations 7 and 8 of the Seeds of

Agricultural Plants and Vegetables Regulations. Alternatively, this

reference number shall be made available, on request, to the

Department;

(i)

common name, or where the material is accompanied by a plant

passport in accordance with the Act, the botanical name;

(j)

denomination of the variety. In the case of rootstocks, denomination of

the variety or its designation;

(k) quantity;

(l)

in the case of imports from third countries pursuant to, the name of the

country of harvesting.

2. Where the material is accompanied by a plant passport in accordance with

the Act, the plant passport may, if the supplier so wishes, constitute the supplierís

document referred to in paragraph 1 of this Schedule. Nonetheless, the remark "EC

quality", an indication of the responsible official body and the denomination of the

variety shall be included. In the case of imports from third countries, the name of the

country of harvesting must also be given. This information may be on the same

document as the plant passport, but this must be clearly separated.

Deleted by Legal Notice 89 of 2020.

A schedule shall be established in Schedule II for each

genus and species listed in Schedule I hereof, and for rootstocks of

other genera and species if material of the genus or species is, or

has to be, grafted on to them with a reference to the plant-health

conditions laid down in the Act applying to the genus and, or

species concerned, laying down -

(a) the conditions with which vegetable planting material

must comply in particular with those relating to the

quality and purity of the crop and, where appropriate,

varietal characteristics. These requirements shall be

added to Schedule II Part A; and

(b) the conditions with which propagation material must

comply, in particular those relating to the propagation

system applied, the purity of the growing crop and,

where appropriate, the varietal characteristics. These

conditions will be set out in Schedule II Part B.

(1) Vegetable propagation and planting material which

belongs to the genera and species listed in Schedule I and that is

also covered by the regulations concerning vegetable species in the

Seeds of Agricultural Plants and Vegetables Regulations shall not

be marketed unless it belongs to a variety accepted in accordance

with the mentioned regulations.

(2) Vegetable propagation and planting material which belongs

to the genera and species listed in Schedule I but which is not

covered by the regulations concerning vegetable species in the

Seeds of Agricultural Plants and Vegetables Regulations shall not

be marketed within the European Union unless it belongs to a

variety officially accepted in at least one Member State. The

provisions laid down in regulation 8 of the said regulations shall

apply to the conditions for acceptance. Regulation 8 of the said

regulations shall apply mutatis mutandis to the procedures and

formalities for acceptance and maintenance procedures.

(3) Relevant provisions laid down in the regulations

concerning vegetable species in the Seeds of Agricultural Plants

and Vegetables Regulations shall apply to the conditions for

acceptance. The results of unofficial tests and practical information

gathered in the course of growing may be taken into consideration

in each instance.

(4) Varieties officially accepted in accordance with

subregulation (2) shall be entered in the Common Catalogue of

Varieties of Vegetable Species referred to in regulation 8 of the

Seeds of Agricultural Plants and Vegetables Regulations.

(1) The suppliers shall take all the necessary measures to

guarantee compliance with the standards laid down in these

regulations at all stages of the production and marketing of

vegetable propagation and planting material.

(2)

(a) For the purposes of subregulation (1), the said

suppliers shall either carry out themselves, or have

carried out by an accredited supplier or the responsible

official body, checks based on the following principles

(i)

identification of critical points in their

production process on the basis of the

production methods used;

(ii) establishment and implementation of methods

for monitoring and checking the critical points

referred to in subparagraph (i);

(iii) sample collection for analysis in a laboratory

accredited by the responsible official body for

the purpose of checking compliance with the

standards established by these regulations; and

(iv) keeping a written record or a record registered in

an indelible fashion of the data referred to in

subparagraphs (i), (ii) and (iii), as well as

records on the production and marketing of

propagation and planting material, to be held at

the disposal of the responsible official body.

These documents and records shall be kept for a

period of at least one year.

(b) However, suppliers whose activity in this connection is

confined merely to the distribution of vegetable

propagation and planting material produced and

packaged on premises other than their own, shall be

required only to keep a written record or a record

registered in an indelible fashion of the buying and

selling and, or delivery of such products.

(c) This subregulation shall not apply to suppliers whose

activity in this connection is confined to the supply of

small quantities of vegetable propagation and planting

material to non-professional final consumers.

(3) If the result of their own checks or any information at the

disposal of the suppliers referred to in subregulation (1) reveals the

presence of one or more harmful organisms referred to in the Act or

in quantities greater than those normally allowed for in order to

meet the standards, or of those specified in the relevant schedules

established pursuant to regulation 7, the suppliers shall

immediately report this to the responsible official body and shall

take the measures indicated by the responsible official body or any

other measures necessary to reduce the risk of such harmful

organisms from spreading. The supplier shall keep records of all

occurrences of harmful organisms on his premises and of all

measures taken in relation to such occurrences.

(4) Detailed rules for the application of subregulation (2)(b)

shall be established by the responsible official body.

(1) The responsible official body shall accredit suppliers

once it has verified that their production methods and

establishments meet the requirements of these regulations with

regards to the nature of the activities they carry out. Accreditation

must be renewed if a supplier decides to carry out activities other

than those for which he has received accreditation.

(2) The above mentioned body shall accredit laboratories once

it has verified that these laboratories, their methods and their

establishments meet the requirements of these regulations to be

specified by the responsible official body with regards to the

testing activities they carry out. Accreditation must be renewed if a

laboratory decides to carry out activities other than those for which

it has received accreditation.

(3) The official body shall take the necessary measures if the

requirements referred to in subregulations (1) and (2) cease to be

met.

(4) The

supervision

and

monitoring

of

suppliers,

establishments and laboratories shall be carried out regularly by or

under the responsibility of the Department, which shall at all times

have free access to all parts of the establishments, in order to

ensure compliance with the requirements of these regulations.

Implementing measures concerning supervision and monitoring are

specified in Schedule IV. If such supervision and monitoring reveal

that the requirements of these regulations are not being met, the

Department shall take appropriate action.

(1) Without prejudice to regulation 12(2), vegetable

propagation and planting material shall be marketed only in

sufficiently homogeneous lots and if they have complied with these

regulations and are accompanied by a document prepared by the

supplier in accordance with the conditions laid down in the

schedule established pursuant to regulation 7. If an official

statement appears on this document, it shall be clearly separated

from all other contents of the document. Requirements for labelling

and, or sealing and packaging of vegetable propagation and

planting material shall be set out in Schedule II as referred to in

regulation 7.

(2) In the case of supply by the retailer of vegetable

propagation and planting material to a non-professional final

c o n s u m e r, r e q u i r e m e n t s f o r l a b e l l i n g m a y b e c o n f i n e d t o

appropriate product information.

(1) While growing and during lifting or removal from the

parent material, vegetable propagation and planting material shall

be kept in separate lots.

(2) If vegetable propagation and planting material of different

origins is put together or mixed during packaging, storage,

transport or at delivery, the supplier shall keep records including

data on the composition of the lot and origin of the individual

components.

(3) The Department shall ensure compliance with the

requirements of subregulations (1) and (2) by carrying out official

inspections.

(1) Vegetable propagation and planting material may be

marketed only by accredited suppliers and provided they meet the

requirements laid down in the schedule referred to in regulation 7.

(2) Without prejudice to the provisions of the Act,

subregulation (1) shall not apply to vegetable propagation and

planting material intended for any of the following

(a) trials or scientific purposes;

(b) selection work; or

(c) measures aimed at preserving genetic diversity.

(3) Detailed rules for the application of paragraphs (a), (b) and

(c) shall be adopted as necessary.

(1) The Department may exempt -

(a) from the application of regulation 11, small producers

all of whose production and sales of vegetable

propagation and planting material is intended for final

use by persons on the local market who are not

professionally involved in plant production (local

circulation);

(b) from the controls and official inspections provided for

in regulation 21, the local circulation of vegetable

propagation and planting material produced by such

exempt persons.

(2) Implementing measures relating to other requirements

concerning the exemptions referred to in subregulation (1)(a) and

(b), in particular as regards the concepts of small producers and

local market, and to the relevant procedures, shall be adopted.

The responsible official body shall ensure that official

inspections by sampling checks on propagation and planting

material is carried out during production and marketing, with the

aim of verifying compliance with the requirements and conditions

of these regulations.

(1) The Department shall ensure that vegetable

propagation and planting material produced in Malta and intended

for marketing, complies with the requirements of these regulations.

(2) If it is found, during an official inspection, that vegetable

propagation and planting material cannot be marketed because of

non-compliance with a condition relating to plant health, the

Department shall take appropriate official measures to eliminate

any consequent plant-health risks.

(1) If, during the supervision and monitoring provided for

i n reg ul ati on 1 0(4), t he offi cia l insp ect io n p r ovi ded for in

regulation 15 or the trials provided for in regulation 22, it is found

that vegetable propagation and planting material does not meet the

requirements of these regulations, the responsible official body

shall take appropriate action to ensure that it does comply with the

provisions of these regulations or, if that is not possible, to ban the

marketing of that vegetable propagation and planting material in

the European Union.

(2) If it is found that vegetable propagation and planting

material marketed by a particular supplier does not comply with the

requirements and conditions of these regulations, the responsible

official body shall ensure that appropriate measures are taken

against that supplier. If the supplier is forbidden to market

veget abl e p ropagation and planting m aterial, t he European

Commission and the competent national authorities in the other

Member States shall be notified.

(3) Any measures taken under subregulation (2) shall be

withdrawn as soon as it has been established with adequate

certainty that the vegetable propagation and planting material

intended for marketing by the supplier will, in the future, comply

with the requirements and conditions of these regulations.

In the event of temporary difficulties in the supply of

vege tabl e p ro pag ati on and pl ant in g m at eri al sa tisfyi ng th e

requirements of these regulations, measures may be adopted

concerning the marketing of vegetable propagation and planting

material meeting less stringent requirements, without prejudice to

the plant health rules laid down in Act.

(1) The marketing of vegetable propagation and planting

material which complies with the requirements and conditions of

these regulations shall be subject to no restrictions as regards

s u p p l i e r, p l a n t h e a l t h , g r o w i n g m e d i u m a n d i n s p e c t i o n

arrangements other than those laid down in these regulations.

(2) The marketing of vegetable propagation and planting

material whose variety is entered in the Common Catalogue of

Va r i e t i e s o f Ve g e t a b l e S p e c i e s s h a l l n o t b e s u b j e c t t o a n y

restrictions as regards the variety other than those laid down or

referred to in these regulations.

(3) As regards the products referred to in Schedule I, the

Department may refrain from imposing more stringent conditions

or marketing restrictions other than the conditions laid down in the

schedules referred to in regulation 7.

(1) Vegetable propagation and planting material produced

in a third country shall afford the same guarantees as regards

obligations on the supplier, identity, characteristics, plant health,

growing medium, packaging, inspection arrangements, marking

and sealing. It shall be equivalent in all respects to vegetable

propagation and planting material produced in the European Union

and complying with the requirements and conditions of these

regulations.

(2) Pending the decision referred to in subregulation (1), Malta

may, until the 31st December, 2022, apply to import vegetable

propagation and planting material from third countries which have

conditions at least equivalent to those laid down temporarily or

permanently in the schedules referred to in regulation 7. Where no

such conditions are laid down in the said schedules, the import

conditions must be at least equivalent to those applicable to the

production in Malta.

(3) Vegetable propagation and planting material imported to

Malta in accordance with a decision taken by the country shall be

subject to no marketing restrictions in the other Member States as

regards the matters referred to in subregulation (1).

Detailed implementing procedures for the controls

provided for in regulation 9 and for the official inspections

provided for in regulations 12 and 15 including sampling methods,

are established by the Department.

Trials, or where appropriate tests, shall be carried out on

samples to check that vegetable propagation and planting material

complies with the requirements and conditions of these regulations,

including those related to plant health.