PROPAGATION MATERIAL OF VINES REGULATIONS

SUBSIDIARY LEGISLATION 433.15

PROPAGATION MATERIAL OF VINES

REGULATIONS

15th December, 2004

LEGAL NOTICE 470 of 2004, as amended by Legal Notices 310 of 2006,

383 of 2020 and 151 of 2025.

The title of these regulations is the Propagation Material of

Vines Regulations.

Substituted by

L.N. 310 of 2006;

Conditions relating to the growing crop

L.N. 383 of 2020.

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 Vitis

Insects and mites

vinifera L.

Viteus vitifoliae Fitch (VITEVI)

Vitis L.

Bacteria

Xylophilus ampelinus Willems et al.

(XANTAM)

Vitis L.

Viruses, viroids, virus-like diseases and

phytoplasmas

Candidatus Phytoplasma 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

L.

propagating Viruses, viroids, virus-like diseases and

Vitis

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. and Viruses, viroids, virus-like diseases and

their hybrids, except Vitis vinifera phytoplasmas

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.; or

(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 al.

—

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.; or

(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 al.

—

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.

(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.

Substituted by

L.N. 310 of 2006.

Conditions relating to propagation material

Amended by

L.N. 383 of 2020.

Section A - General conditions

1. Varietal identity and purity

Propagation material shall have varietal identity and purity, and if necessary

clonal purity. A 1% tolerance shall be accepted at the time of the marketing of

standard material. The minimum technical purity shall be 96%.

The following shall be regarded as technical impurities

(i)

wholly or partly desiccated propagation material, even when it has been

seeped in water after desiccation;

(ii) damaged, bent or injured propagation material, in particular when

damaged by hail or frost or when crushed or broken;

(iii) material not meeting the requirements under section C of this Schedule.

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.

3. State of maturity of the wood

Vine shoots shall have reached a sufficient state of maturity of the wood.

Section B - Special conditions

1. Rooted grafts

Rooted grafts consisting of a combination of the same category of reproduction

material shall be classified in that category. The rooted grafts consisting of a

combination of different categories of reproductive material shall be classified in the

lower category of the elements of which it is composed.

2. Temporary derogation

It may be decided that the provisions of point 1 above are not applied until 31st

July 2010 in respect of rooted grafts consisting of initial propagation material

grafted on to basic propagation material. If this is the case, the following rule is

applicable

Rooted grafts consisting of initial propagation material grafted on to basic

propagation material shall be classified as initial propagation material.

Section C - Grading

1. Graftable rootstock cuttings, nursery cuttings and top-graft cuttings

Diameter

This concerns the largest diameter of the section. This standard does not apply to

herbaceous cuttings

1.1

graftable rootstock cuttings and top-graft cuttings

(i)

top diameter, 6.5 to 12mm;

(ii) maximum butt end diameter, 15mm, except if this involves top-graft

cuttings intended for grafting in situ;

1.2 nursery cuttings

minimum top diameter, 3.5mm.

2. Rooted cuttings

2.1

Diameter

The diameter measured at the middle of the internode under the extension growth

and along to the longest axis, shall be at least equal to 5mm. This standard is not

applicable to the rooted cuttings derived from herbaceous propagation material.

2.2

Length

The distance from the lowest point at which the roots emerge to the base of the

extension growth, shall be not less than

2.2.1

30cm for rooted cuttings, intended for grafting, however, for rooted

cuttings intended for Sicily, this length shall be 20cm;

2.2.2

20cm for other rooted cuttings. This standard is not applicable to the

rooted cuttings derived from herbaceous propagation material.

2.3

Roots

Each plant shall have at least three well-developed and well-spaced roots.

However, the variety 420A may have only two well-developed roots, provided that

they are on opposite sides.

2.4

Heel

The cut shall be made at a sufficient distance below the diaphragm so as not to

damage it but not more than 1cm below it.

3. Rooted grafts

3.1

Length

The stem shall be at least 20cm long. This standard is not applicable to the rooted

grafts derived from herbaceous propagation material.

3.2

Roots

Each plant shall have at least three well-developed and well-spaced roots.

However, the variety 420A may have only two well-developed roots, provided that

they are on opposite sides.

3.3

Union

Each plant shall have an adequate, regular and secure union.

3.4

Heel

The cut shall be made at a sufficient distance below the diaphragm so as not to

damage it but not more than 1cm below it.

For the purpose of these regulations, the following

definitions shall apply

"the Act" means the Plant Quarantine Act;

"basic propagation material" refers to propagation material that

(a) has been produced under the responsibility of the

grower according to accepted practices for the

maintenance of the identity of the variety and, where

applicable, of the clone, and for the prevention of

diseases, and which is obtained by vegetative

propagation directly from initial propagation material;

(b) is intended for the production of certified propagation

material;

(c) satisfies the conditions laid down in Schedules I and II

for basic propagation material; and

(d) has been found by official examination, to satisfy the

above mentioned conditions;

"certified propagation material" refers to propagation material

that

(a) is obtained directly from basic or initial propagation

material;

(b) is intended for -

(i)

the production of young plants or parts of plants

for use in the production of grapes, or

PROPAGATION MATERIAL OF VINES

(ii) the production of grapes;

(c) satisfies the conditions laid down in Schedules I and II

for certified propagation material; and

(d) has been found by official examination, to satisfy the

above conditions;

"clones" are the vegetative progeny of a variety that is true to a

vine stock chosen on account of its varietal identity, its phenotypic

characters and its health status;

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

"the Directorate" means the Directorate or Department responsible

for plant health;

"initial propagation material" refers to propagation material that

(a) has been produced under the responsibility of the

grower according to accepted practices for the

maintenance of the identity of the variety and, where

applicable, of the clone, and for the prevention of

diseases;

(b) is intended for the production of basic or certified

propagation material;

(c) satisfies the conditions laid down in Schedules I and II

for basic propagation material. These Schedules may

be amended to alter or set additional or more stringent

conditions for the certification of initial propagation

material; and

(d) has been found by official examination, to satisfy the

above conditions;

"marketing" refers to the sale, holding with a view to sale, offer

f o r s a l e a n d a n y d i s p o s a l , s u p p l y o r t r a n s f e r, ai m e d a t t h e

commercial exploitation of propagation material to third parties,

whether or not for consideration. Trade in propagation material not

aimed at commercial exploitation of the variety, such as the

following operations, shall not be regarded as marketing

(a) the supply of propagation material to official testing

and inspection bodies; and

(b) the supply of propagation material to providers of

services for processing or packaging, provided that the

provider of services does not acquire title to

propagation material thus supplied.

The rules for the application of these provisions shall be adopted

in accordance with the procedure established by the European

Union;

"National Certification Service" is made up of the Plant Health

Service including the Seeds and other Propagation Material Unit;

"nurseries" may be subdivided as follows

(a) multiplication nurseries which are nurseries used for

the cultivation of rooted cuttings or rooted grafts; and

(b) stock nurseries which are nurseries utilised for the

production of rootstock cuttings for grafting, nursery

cuttings or top-graft cuttings;

"official measures" are measures taken -

(a) by the National Certification Service,

(b) by any legal person whether governed by public or by

private law, acting under the responsibility of the same

Service, or

(c) in the case of ancillary activities which are also subject

to the Service’s control, by any natural person duly

sworn for that purpose

Provided that the persons mentioned under paragraphs (b)

and (c) derive no private gain from such measures;

"propagation material" refers to -

(a) young vine plants

(i)

rooted cuttings which are ungrafted pieces of

rooted vine shoot or herbaceous shoot intended

for planting ungrafted or for use as rootstocks;

(ii) rooted grafts that are pieces of vine shoot or

herbaceous shoot joined by grafting, the

underground part of which is rooted;

(b) parts of young vine plants

(i) vine shoots which are one-year old shoots;

(ii) herbaceous cuttings which are non-lignified

shoots;

(iii) rootstock cuttings that can be grafted and that

are pieces of vine shoot or herbaceous shoot

intended to form the underground part when

preparing rooted grafts;

(iv) top-graft cuttings which are pieces of vine shoot

or herbaceous shoot that are intended to form the

part above ground when preparing rooted grafts

or when grafting plants in situ;

(v) nursery cuttings being pieces of vine shoot or

herbaceous shoot intended for the production of

rooted cuttings;

"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;

"standard material" refers to propagation material that

(a) has varietal identity and purity;

(b) is intended for -

(i)

the production of young plants or parts of plants

for use in the production of grapes, or

(ii) the production of grapes;

(c) satisfies the conditions laid down in Schedules I and II

for standard material; and

(d) has been found by official examination, to satisfy the

above mentioned conditions;

"variety" means a plant grouping within a single botanical taxon

of the lowest known rank that can be

(a) defined by the expression of the characters resulting

from a given genotype or combination of genotypes;

(b) distinguished from any other plant grouping by the

expression of at least one of the said characters; and

(c) considered as an entity in view of its ability to be

propagated unchanged;

"vines" are plants of the genus Vitis (L.) intended either for the

production of grapes or to be used as propagation material for such

plants.

Substituted by

L.N. 310 of 2006.

Packaging

Composition of packages or bundles

Table 1.1

Type

Number of individuals

Maximum quantity

Rooted grafts

25, 50, 100 or multiples of 100

Rooted cuttings

50, 100 or multiples of 100

Top-graft cuttings

- with at least five usable eyes

100 or 200

- with one usable eye

500 or a multiples of 500

Graftable rootstock cuttings

100 or a multiples of 100

Nursery cuttings

100 or a multiples of 100

Special conditions

1. Small quantities

Where necessary, the size (number of individuals) of packages and bundles of all

types and categories of propagation material listed in column 1 above may be

smaller than the minimum quantities indicated in column 2 above.

2. Plants of vine with roots in any substrate in pots, crates and boxes

The number of individuals and the maximum quantity do not apply.

(1) Professional operators introducing vine propagation

m a t e r i a l f r o m a n o t h e r E U M e m b e r St a t e s h a l l d e c l a r e t h e

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.

Substituted by

L.N. 310 of 2006.

Official Labelling

A.

Label

1. Required information

(i) “EC standards”;

(ii) Country of production;

(iii) Authority responsible for certification or checking and Member

State or their initials;

(iv) Name and address of the person responsible for sealing or his

identification number;

(v)

Species;

(vi)

Type of material;

(vii) Category;

(viii) Variety and, where appropriate, the clone (for rooted grafts, this

indication applies for the rootstock and the top-graft);

(ix) Reference number of batch;

(x)

Quantity;

(xi)

Length (only for graftable rootstock cuttings; the minimum length

of the cuttings of the batch concerned);

(xii)

Crop year.

2. Minimum conditions

The label shall comply with the following requirements

(i) the label shall be indelibly printed and clearly legible;

(ii) the label shall be affixed in a conspicuous place in such a way as

to be easily visible;

(iii) information set out in point A (1) shall not in any way be hidden,

obscured or interrupted by other written or pictorial matter;

(iv) the information set out in point A (1) shall appear in the same

field of vision.

3. Derogation as regards small quantities to the final consumer

(a) More than one unit

The required information for the label under point (1) (x) reads: “Exact

number of units per package or bundle”.

(b) One unit only

The following information set out in point A (1) is not required

-

type of material;

-

category;

-

reference number of batch;

-

quantity;

-

length for the graftable rootstock cuttings;

-

crop year.

4. Derogations as regards vines in pots, crates or boxes

In case of vines with roots in any substrate in pots, crates and boxes when the

packages of such material cannot fulfil the requirements for sealing (including

labelling) due to its composition

(a) the propagation material shall be kept in separate batches appropriately

identified per variety and where relevant per clone and per number of

individuals;

(b) the official label is not compulsory;

(c) the propagation material shall be accompanied by the accompanying

document as laid down under point B.

B. Accompanying document

1. Conditions to be fulfilled

When Member States require that an accompanying document should be

delivered, the document

shall be delivered in at least two copies (consignor and recipient);

shall (recipient copy) accompany the delivery from the place of the

consignor to the place of recipient;

shall indicate all information set out under the following point 2

concerning the individual batches of the delivery;

shall be preserved for at least one year and made available to the official

control authority.

2. List of information to be included

(i) “EC standards”;

(ii) Country of production;

(iii) Authority responsible for certification or checking and Member

State or their initials;

(iv) Progressive number;

(v) Consignor (address, registration number);

(vi) Recipient (address);

(vii) Species;

(viii) Type(s) of material;

(ix) Category(ies);

(x)

Variety(ies) and, where appropriate, the clone(s) (for rooted

grafts, this indication applies for the rootstock and the top-graft);

(xi)

Number of individuals per batch;

(xii) Total number of batches;

(xiii) Date of delivery.

1. Minimum dimensions

110 X 67mm for rootstock cuttings for grafting, top-graft cuttings, nursery

cuttings, rooted cuttings and rooted grafts.

2. Colour of the label

It shall be white for basic material, blue for certified material and dark yellow for

standard material.

Deleted by Legal Notice 383 of 2020.

Substituted by

L.N. 310 of 2006.

Characteristics considered in the examination for

distinctness, stability and homogeneity

Section A - Morphological characteristics

1. Leaf-bud formation on a growing branch 10 to 20cm long

1.1 shape

1.2 colour (on opening to allow observation of the anthocyanins)

1.3 pilosity.

2. Herbaceous branch at time of flowering

2.1 transveral cross-section (shape and contour)

2.2 pilosity.

3. Ligneous shoot

3.1 surface

3.2 merithallus.

4. Distribution of tendrils

5. Young leaves at the top on a growing branch 10 to 30cm long (first three

leaves clear of the leafbud formation counted from that point)

5.1 colour

5.2 pilosity.

6. Mature leaf (situated between the 8th and the 11th node)

6.1 photograph

6.2 drawing or direct print with scale

6.3 general shape

6.4 number of foliar lobes

6.5 petiolar sinus

6.6 depth of the upper and lower lateral sinus

6.7 pilosity of the lower surface

6.8 surface

6.9 lateral serration.

7. Flower

7.1 apparent sex.

8. Bunch of grapes at industrial maturity (as regards wine grape varieties and

table grape varieties)

8.1 photograph (with scale)

8.2 shape

8.3 size

8.4 peduncle (length)

8.5 average weight in grams

8.6 picking off

8.7 compactness of bunch.

9. Berry at industrial maturity (as regards wine grape varieties and table grape

varieties)

9.1 photograph (with scale)

9.2 shape

9.3 shape with indication of average weight

9.4 colour

9.5 skin (as regards table grape varieties)

9.6 number of pips (as regards table grape varieties)

9.7 pulp

9.8 juice

9.9 flavour.

10. Seeds (as regards wine grape varieties and table grape varieties)

10.1 photograph of the two sides and profile (with scale).

Section B - Physiological characteristics

1. Vegetative phenomena

1.1 Establishment of phenological dates

These are established in comparison with one or more of the control

varieties

1.1.1

white grape varieties

1.1.2

black grape varieties

1.1.3

table grape varieties.

1.2 Date of opening

Date on which half the eyes of a normally pruned vine have burst open,

showing their internal pilosity in relation to that of control varieties.

1.3 Date of full flowering

Date when for a certain number of plants, half the flowers are open

compared with control varieties.

1.4 Maturity (as regards wine grape varieties and table grape varieties)

In addition to the period of maturity, an indication shall be given of the

density or probable degree of the must, its acidity and the corresponding

yield of grapes expressed in kilograms per hectare, compared with one

or more control varieties, giving if possible yields of a similar size.

2. Cultivation characteristics

2.1 Vigour

2.2 Habit of growth (position of first fruit-bearing bud, preferred size)

2.3 Production

2.3.1

regularity

2.3.2

yield

2.3.3

anomalies.

2.4 Resistance or sensitivity

2.4.1

to unfavourable conditions

2.4.2

to pests

2.4.3

proneness to bursting of the grape.

2.5 Behaviour during vegetative propagation

2.5.1

grafting

2.5.2

propagation by cuttings.

3. Utilisation

3.1 wine grapes

3.2 table grapes

3.3 as rootstocks

3.4 for industrial uses.

Deleted by Legal Notice 383 of 2020.

Substituted by

L.N. 310 of 2006.

Minimum conditions for carrying out the growing

trials on vine varieties

1. Ecological information

1.2 Geographical conditions

longitude

latitude

altitude

exposure and slope

1.3 Climatic conditions

1.4 Type of soil.

2. Technical procedure

2.1 For wine grapes and table grapes

twenty-four vines if possible on several different rootstocks

at least 3 years of production

at least two places having different ecological conditions

the taking of the graft should be examined with at least three

varieties of rootstocks.

2.2 For rootstock varieties

five vines with at least two forms of growth habits

five years after planting

three places having different ecological conditions

the taking of the graft should be examined with at least three

varieties of scion.

The National Certification Service may authorise any changes to this Schedule

and such changes shall be reported in the catalogue.

(1) A catalogue of vine varieties and where applicable,

clones, shall be established, maintained, updated and managed by

the Seeds and other Propagation Material Unit.

(2)

The catalogue shall be divided into three sections

(a) one section dedicated to varieties for the production of

table grapes;

(b) one section dedicated to varieties for the production of

grapes for wine production;

(c) one section dedicated to rootstock varieties.

(3)

The catalogue shall be open to public inspection.

(4) Each variety registered in the catalogue shall bear an

indication as to its official acceptance for certification and for

checking as standard propagation material in Malta by the National

Certification Service. The varieties and, where applicable clones,

accepted, shall be officially checked at regular intervals. If any of

the conditions for acceptance for certification or checking is no

longer satisfied, acceptance shall be revoked and the variety shall

be deleted from the list. All applications or withdrawals of

applications for acceptance of a variety, entries in a catalogue of

varieties and amendm ents made to it, shall be immediately

communicated to the other Member States and to the European

Commission.

(5) The catalogue shall indicate the principal morphological

and physi ological ch aracters by which the vari eti es can be

distinguished from one another. For those varieties already accepted

as at 31 December 1971, reference may be made to the description in

the official ampelographic publications.

(6) No variety shall be accepted unless it is distinct, stable and

sufficiently uniform.

(7) A variety shall be deemed to be distinct if it is clearly

distinguishable, by reference to the expression of the

characteristics resulting from a particular genotype or combination

of genotypes, from any other variety whose existence is a matter of

common knowledge in the European Union. A variety shall be

deemed to be a matter of common knowledge in the European

Union if, on the date on which application is duly made for its

acceptance, it is either

(a) entered in the Maltese catalogue or in the catalogue of

another Member State, or

(b) the subject of an application for acceptance in Malta or

in another Member State,

unless the conditions referred to in this sub-regulation are no longer

met in all the Member States concerned before a decision is made

regarding the application for acceptance of the new variety being

assessed.

(8) A variety shall be regarded as being stable if the

expressions of the characters which are included in the examination

for distinctness, a s well as any ot he rs us ed for th e v ari ety

description, remain unchanged after repeated propagation.

(9) A variety shall be deemed to be uniform if, subject to the

variation that may be expected from the particular features of its

propagation, it is sufficiently uniform in the expression of those

characters which are included in the examination for distinctness,

as well as any others used for describing the variety.

(10) Acceptance of varieties to the catalogue shall be requested

through an official application addressed to the Seeds and other

Propagation Material Unit. Acceptance to the catalogue shall be

based on the results of official examinations, particularly growing

trials, covering a sufficient number of characters for the variety to

be described as indicated in Schedules V and VI. The methods used

for determining characters must be exact and reliable and shall also

comply with the regulations prescribed under the Wine Act.

(11) The following shall be determined by the Viticulture and

Oenology Unit, with the advice of the Seeds and other Propagation

Material Unit, in accordance with the procedures adopted by the

European Union

(a) the characters to be covered as a minimum by the

examinations; and

(b) the minimum requirements for carrying out the

examinations.

(12) Synonyms and, or, homonyms shall also be indicated in the

catalogue.

(13) Varieties and clones accepted in the catalogues of the other

Member States are also accepted for certification and for the

checking of standard propagation material in Malta without

prejudice to Council Regulation No 1493/1999 of the 17th May,

1999 on the common organisation of the market of wine.

(14) Varieties, and where applicable, clones coming from other

Member States are subject to the same requirements as those which

apply to domestic varieties or clones, in particular as regards the

acceptance procedure.

(15) If and when genetically-modified varieties within the

meaning of Article 2 of Directive 2001/18/EC of 12th March, 2001

of the European Parliament and of the Council are available, such

varieties shall only be accepted if all appropriate measures have

been taken to avoid adverse effects on human health and the

environment. Those varieties accepted must be clearly indicated as

such in the catalogue of varieties. The National Certification

Service shall further ensure that any person marketing such a

variety clearly indicates in the vine sales catalogue that the variety

is genetically-modified and states the purpose of the modification.

(1) It shall be required that varieties and where applicable,

clones, accepted in the catalogue are maintained by selection for

conservation.

(2) Maintenance must always be verifiable on the basis of

records made by those responsible for maintenance of a variety

and, where applicable, of a clone. Samples may be requested from

t h o s e r es p o n s i b l e f o r t h e m a i n t e n a n c e o f a v a r i e t y. W h e r e

necessary, samples may be taken officially.

(3) Maintenance may be carried out in another Member State

with the authorisations of both the Seeds and other Propagation

Material Unit and the Viticulture and Oenology Unit.

(1)

Vine propagation material may not be placed on the

market unless

(a) it has been officially certified as initial propagation

material, basic propagation material or certified

propagation material or, in the case of propagation

material not intended for use as rootstocks, is officially

checked as standard material and satisfies the

conditions laid down in Schedule II;

(b) notwithstanding paragraph (a) as a transitional

measure up to 1st January 2005, the marketing in

Malta’s territory of standard material intended for use

as rootstocks and taken from parent plants in existence

on 23rd February, 2002, shall be allowed;

(c) notwithstanding paragraph (a), the National

Certification Service may authorise local producers to

place on the market appropriate quantities of

propagation material

(i) for trials or scientific purposes;

(ii) for selection work; or

(iii) intended to help preserve genetic diversity;

(d) the conditions under which the authorisation is granted

in respect of paragraph (c) shall be determined in

accordance with the procedures of the European

Union. If and when genetically-modified material is

available, such authorisation may be granted only if all

the appropriate measures have been taken to avoid

endangering human health and the environment.

Environmental risk assessments and other checks have

to be carried out in this respect;

(e) in the case of propagation material produced by means

of in vitro propagation techniques, the following

provisions may be adopted in accordance with the

procedures of the European Union

(i)

derogation from specific provisions of these

regulations;

(ii) conditions applicable to such propagation

material;

(iii) designations that may be used for such

propagation material; and

(iv) conditions to guarantee that the varietal

authenticity has first been verified.

While growing, during lifting or removal from the parent

vine, packaging, storage and transportation, propagation material

shall be kept in separate batches and shall be marked with the

variety and, where applicable, in the case of original propagation

material, basic material and certified material, with the clone.

(1) Packages and bundles of propagation material shall be

sealed officially or under official supervision, in such a manner that

they cannot be opened without damaging the seal or without the

official label referred to in regulation 12(1) or, in the case of

packaging, the packaging showing signs of tampering. To ensure

proper sealing, the sealing device must comprise at least either the

official label or an official seal. Further sealing may take place only

officially or under official supervision.

(2) The sealing method or methods referred to in subregulation

(1) shall be determined and authorised by the National Certification

Service.

(1) It shall be required that an official label in Maltese or

in English, conforming to the specifications of Schedule IV be

affixed on the outside of packages and bundles of propagation

material by means of the sealing device. The colour of the label

shall be white with a diagonal violet stripe for initial material,

white for basic material, blue for certified material and dark yellow

for standard material. Delible printing shall not be permitted.

(2) However, producers may be authorised to market more than

one package or bundle of grafted or rooted vines with the same

characteristics using a single label conforming to the specifications

in Schedule IV. In such cases, the packages or bundles shall be

attached together in such a way that the attachment is damaged on

separation and can no longer be put back. The label shall be affixed

by means of the attachment. No resealing shall be authorised.

(3) In the case of genetically-modified material, any label and

document, official or otherwise, which is affixed to or accompanies

the batch of material under these regulations shall clearly indicate

that the variety has been genetically-modified and shall name the

genetically-modified organisms.

(4) Without prejudice to Article 23(2) of Council Regulation

No 1493/1999, it may be required that each delivery of material

produced in Malta also be accompanied by a uniform document

featuring the following particulars inter alia

(a) the nature of the goods;

(b) the variety and, where applicable, the clone;

(c) category;

(d) quantity;

(e) consignor; and

(f)

recipient.

The conditions to be set regarding this accompanying

document shall be established by the National Certification

Service, upon the advice of the Viticulture and Oenology Unit, in

accordance with the rules of the European Union.

(5) The official label provided for under subregulation (1) may

also include the phytosanitary accompanying document provided

for in the Act regarding plant passports. However, all of the

conditions applicable to the official labelling and plant passports

are defined and must be recognised as equivalent.

(6) The National Certification Service may indicate that the

official labels must be preserved by the recipient of the material for

the vegetative propagation of the vine for at least one year and

made available to the official control authority.

(1) It shall be required that propagation material be

marketed only in sufficiently homogeneous batches and in sealed

packages or bundles bearing, as prescribed in regulation 12, a

sealing device and markings. Packaging shall comply with the

provisions of Schedule III.

(2) By derogation from subregulation (1) as regards packaging,

sealing and marking, the National Certification Service may

determine the provisions applicable to the sale of small quantities

to final consumers and also to market vines in pots, crates or boxes.

(1) The National Certification Service shall ensure that the

identity of the propagation material is preserved, from the time of

its lifting, or its removal from the parent vines until its delivery to

the final consumer, by a system of official controls laid down by

the National Certification Service. The Service shall make suitable

arrangements for propagation material to be officially controlled

during marketing, at least by check sampling, as regards its

compliance with the requirements of these regulations.

(2) Without prejudice to the free movement of material within

the European Union, all the necessary measures shall be taken to

ensure that the competent authorities are supplied with the

following particulars during the marketing of propagation material

imported from a third country

(a) species (botanical name);

(b) variety and, where applicable, clone; in the case of

rooted grafts, such information shall apply both to the

rootstock and to the top-graft cutting;

(c) category;

(d) nature of propagation material;

(e) country of production and official control authority;

(f)

country of despatch, if different from the country of

production;

(g) importer; and

(h) quantity of material.

The manner in which these particulars are to be presented

may be determined by the National Certification Service in

accordance with the procedures established by the European Union.

It shall be provided that propagation material obtained

directly from basic material certified in a Member State and grown

in another Member State, may be certified in the State which

produced the basic material if the propagation material has

undergone field inspection satisfying the conditions laid down in

S c h e d u l e I a n d i f o ff i c i a l e x a m i n a t i o n h a s s h o w n t h a t t h e

conditions stated in Schedule II are satisfied.

(1) To eliminate any temporary difficulties in the supply

of propagation material that cannot be overcome in any other way

the National Certification Service may authorise for a specified

period, the marketing of such quantity of propagation material of a

category satisfying less stringent requirements.

(2) For a category of propagation material of any given variety,

the colour of the label shall be that provided for the corresponding

category. In all other cases it shall be brown. The label shall always

state that the propagation material in question is of a category

satisfying less stringent requirements.

The National Certification Service may, as regards the

conditions laid down in Schedules I and II, impose additional or

more stringent requirements for the certification of propagation

material or the checking of standard material produced in Malta.

(1) Propagation material of vine varieties and where

applicable, clones, which have been officially accepted in one or

more Member States for certification and for checking as standard

propagation material in accordance with these regulations, shall not

be subject to any marketing restrictions as regards its

characteristics, examination arrangements, marking and sealing,

other than those laid down in these regulations, and are not

subjected to any marketing restrictions based on the variety, and,

where applicable, clones, without prejudice to Council Regulation

No. 1493/1999.

(2) The National Certification Service, upon the advice of the

Viticulture and Oenology Unit, may provide that after specified

dates, propagation material of certain vine varieties may not be

placed on the market unless it has been officially certified as basic

material or certified material.

The National Certification Service may, as a transitional

measure, after the entry into force of these regulations, provide that

propagation material which has been used for establishing stock

nurseries or multiplication nurseries is equivalent to propagation

material certified or checked in accordance with the provisions of

these regulations, if before being so used it afforded the same

a s s ur a n c e s as pr o pa ga t i on m a t e r i a l ce rt i fi e d o r ch e c ke d i n

accordance with these regulations.

(1) For the purpose of seeking improved alternatives to

certain provisions set out in these regulations, temporary

experiments may be organised under specified conditions at

Community level.

(2) Community comparative tests and trials shall be carried out

within the Community for the post-control of samples of vine

propagation material placed on the market under the provisions of

these regulations, whether mandatory or discretionary, including

those relating to plant health and taken during sampling. These

tests and trials may include the following

(a) propagation material produced in third countries;

(b) propagation material suitable for organic farming; and

(c) propagation material marketed in relation to measures

intended to help preserve genetic diversity.

These tests and trials shall be used to harmonise the technical

methods of certification and to check satisfaction of the conditions

with which the seed must comply and the Commission shall make

the necessary arrangements for the comparative tests and trials to

be carried out.