CONTROL OF POTATO CYST NEMATODES REGULATIONS *

SUBSIDIARY LEGISLATION 433.16

CONTROL OF POTATO CYST NEMATODES

REGULATIONS *

1st July, 2010

LEGAL NOTICE 332 of 2010.

The title of these regulations is the Control of Potato Cyst

Nematodes Regulations.

List of plants referred to in regulations 4(1), 4(2), 5, 8(3), 9(1)(b), and 10

1. Host plants with roots

Capsicum spp.,

Lycopersicon lycopersicum (L.) Karsten ex Farw.,

Solanum melongena L.

2. (a) Other plants with roots

Allium porrum L.,

Beta vulgaris L.,

Brassica spp.,

Fragaria L.,

Asparagus officinalis L.

(b) Bulbs, tubers and rhizomes, not subjected to the officially approved

measures as referred to in Section III(A) of Schedule III, grown in soil

and intended for planting, other than those for which there shall be

evidence by their packaging or by other means that they are intended for

sale to final consumers not involved in professional plant or cut flower

production, of

Allium ascalonicum L.,

Allium cepa L.,

Dahlia spp.,

Gladiolus Tourn. Ex L.,

Hyacinthus spp.,

Iris spp.,

Lilium spp.,

Narcissus L.,

Tulipa L.

The scope of these regulations is to transpose Directive

2007/33/EC and consequently establish the measures taken by the

Director (Plant Health) against Globodera pallida (Stone) Behrens

( E u r o p e a n p o p u l a t i o n s ) a n d G l o b o d e r a ro s t o c h i e n s i s

(Wollenweber) Behrens (European populations), hereinafter

referred to as ‘potato cyst nematodes’, in order to determine their

distribution, to prevent their spread and to control them.

1. With reference to the sampling and testing for the official investigation

referred to in regulation 5

(a) sampling shall involve a soil sample with a standard rate of at least 1500

ml soil/ha collected from at least 100 cores/ha preferably in a

rectangular grid of not less than 5 meters in width and not more than 20

meters in length between sampling points covering the entire field. The

whole sample shall be used for further examination, i.e. extraction of

cysts, species identification and, if applicable, pathotype/virulence

group determination;

(b) testing shall involve methods for the extraction of potato cyst

nematodes described in the relevant Phytosanitary Procedures or

Diagnostic Protocols for Globodera pallida and Globodera

rostochiensis: EPPO standards.

2. With reference to the sampling and testing for the official survey referred to

in regulation 6(2)

(a) sampling shall be

-

the sampling described in point 1 of this Schedule with a

minimum sampling rate of soil of at least 400 ml/ha, or

-

targeted sampling of at least 400 ml of soil after visual

examination of roots where there are visual symptoms, or

-

sampling of at least 400 ml of soil associated with the potatoes

after harvesting provided that the field where the potatoes were

grown is traceable;

(b) testing shall be the testing referred to in point 1 of this Schedule.

3. By way of derogation the standard sampling rate referred to in point 1 of this

Schedule may be reduced to a minimum of 400 ml of soil/ha provided that

(a) there is documentary evidence that no potatoes or other host plants

listed in point 1 of Schedule I have been grown and were present in the

field in the six years prior to the official investigation; or

(b) no potato cyst nematodes have been found during the last two

successive official investigations in samples of 1 500 ml soil/ha and no

potatoes or other host plants listed in point 1 of Schedule I, other than

those for which an official investigation is required according to

regulation 4(1), have been grown after the first official investigation; or

(c) no potato cyst nematodes or potato cyst nematode cysts without live

content have been found in the last official investigation which must

have consisted of a sample size of at least 1 500 ml soil/ha and no

potatoes or other host plants listed in point 1 of Schedule I, other than

those for which an official investigation is required according to

regulation 4(1), have been grown in the field since the last official

investigation.

Results of other official investigations carried out before 1 July 2010 may be

considered as official investigations as referred to in sub-paragraphs (b) and (c).

4. By way of derogation the sampling rate referred to at points 1 and 3 of this

Schedule may be reduced for fields larger than 8 ha and 4 ha respectively

(a) in the case of the standard rate referred to in point 1 of this Schedule,

the first 8 ha shall be sampled at the rate specified therein, but may be

reduced for each additional hectare to a minimum of 400 ml of soil/ha;

(b) in the case of the reduced rate referred to in point 3 of this Schedule, the

first 4 ha shall be sampled at the rate specified therein, but may be

further reduced for each additional hectare to a minimum of 200 ml of

soil/ha.

5. The use of the reduced sample size as referred to at points 3 and 4 of this

Schedule may be continued in the subsequent official investigations referred to in

regulation 4(1) until potato cyst nematodes have been found in the field concerned.

6. By way of derogation the standard size of the soil sample referred to in point

1 of this Schedule may be reduced to a minimum of 200 ml of soil/ha provided that

the field is situated in an area declared free from potato cyst nematodes, and

designated, maintained and surveyed in accordance with the relevant International

Standards for Phytosanitary Measures. Details of such areas shall be officially

notified in writing to the Commission and the other Member States.

7. The minimum size of the soil sample in all cases shall be 100 ml of soil per

field.

In these regulations, unless the context otherwise requires

"the Act" means the Plant Quarantine Act;

"the Commission" means the Commission of the European

Community;

"field" means a plot of agricultural land with defined physical

boundaries whereby the latter is subject to the same cultivation

practices, same biotic and abiotic factors of that particular area and

same phytosanitary regime. It is also the area from which a soil

sample will be drawn and tested and to which the consequences of

the results of the tests will be applied;

"investigation" means a methodical procedure to determine the

presence of potato cyst nematodes in a field;

"official" or "officially" means established, authorised or

performed by the Plant Health Department as the National Plant

Protection Organisation;

"resistant potato variety" means a variety that when grown

significantly inhibits the development of a particular population of

potato cyst nematodes;

"survey" means a methodical procedure conducted over a defined

peri od o f ti m e t o de term in e th e d ist rib ut io n of p ot at o cyst

nematodes in Malta.

SECTION I

VERIFICATION

With reference to regulation 5(2), the official investigation referred to in

regulation 4(1) shall establish that at the time of verification one of the following

criteria are met

(a) either that no history of potato cyst nematodes in the field during the

last 12 years, based on the results of appropriate officially approved

testing,

(b) or that a known cropping history in which no potatoes or other hosts

plants listed in point 1 of Schedule I have been grown in the field in the

past 12 years.

SECTION II

SURVEYS

The official surveys referred to in regulation 6(1), shall be conducted on at least

0.5% of the acreage used in the relevant year for the production of potatoes, other

than that intended for the production of seed potatoes. The results of the surveys

shall be notified to the Commission by 1 April for the previous 12 month period.

SECTION III

OFFICIAL MEASURES

(A) The officially approved measures referred to in regulation 9(1)(b),

regulation 10(1)(c) and in point 2b of Schedule I are

1. disinfestation by appropriate methods such that there is no identifiable

risk of the potato cyst nematodes spreading;

2. removal of soil by washing or brushing until practically free of soil such

that there is no identifiable risk of the potato cyst nematodes spreading.

(B) The officially approved measures referred to in regulation 10(b) are delivery

to a processing or grading plant with appropriate and officially approved waste

disposal procedures for which it has been established that there is no risk of the

potato cyst nematodes spreading.

(C) The officially approved measures referred to in regulation 13 are an official

resampling of the field officially recorded as infested as referred to in regulation

8(1) or (2), and testing using one of the methods specified in Schedule II, after a

minimum period of six years counting from the positive confirmation of potato cyst

nematodes, or counting from the growing of the last potato crop. This period may be

reduced to a minimum of three years if appropriate officially approved control

measures have been taken.

(1) An official investigation for the presence of potato cyst

nematodes shall be carried out on the field in which the plants

listed in Schedule I, intended for the production of plants for

planting, or seed potatoes intended for the production of seed

potatoes, are to be planted or stored.

*These regulations were repealed by Legal Notice 84 of 2023.

(2) The official investigation provided for in sub-regulation (1)

shall be carried out in the period between the harvesting of the last

crop in the field and the planting of the plants or seed potatoes

mentioned in the said sub-regulation. It may be carried out earlier,

i n w h i c h c a s e d o c u m e n t a r y ev i d e n c e o f t h e r e s u l t s o f t h a t

investigation confirming that potato cyst nematodes have not been

found and that potatoes and other host plants listed in point 1 of

Schedule I were not present at the time of the investigation and

have not been grown since the investigation, shall be made

available.

(3) Results of official investigations other than those referred

to in sub-regulation (1) and carried out before 1 July, 2010 may be

considered as evidence as referred to in sub-regulation (2).

(4) The Director shall ensure that the results of the

investigations referred to in sub-regulations (1) and (3) are

officially recorded and are accessible to the Commission.

SECTION I

DEGREE OF RESISTANCE

The degree of susceptibility of potatoes to potato cyst nematodes shall be

quantified according to the following standard scoring notation as referred to in

regulation 9(2).

The score 9 indicates the highest level of resistance.

Relative susceptibility (%)

Score

< 1

1.1 - 3

3.1 - 5

5.1 - 10

10.1 - 15

15.1 - 25

25. 1 - 50

(1) In the case of fields in which seed potatoes or plants

listed in point 1 of Schedule I intended for the production of plants

for planting, are to be planted or stored, the official investigation

referred to in regulation 4(1) shall involve sampling and testing for

the presence of potato cyst nematodes in accordance with Schedule

II.

(2) In the case of fields in which the plants listed in point 2 of

Schedule I, intended for the production of plants for planting, are to

be planted or stored, the official investigation referred to in

regulation 4(1) shall involve sampling and testing for the presence

of potato cyst nematodes in accordance with Schedule II or

verification as set out in Section I of Schedule III.

(1) Official surveys are to be carried out on fields used for

the production of potatoes, other than those intended for the

production of seed potatoes, in order to determine the distribution

of potato cyst nematodes.

(2) The official surveys shall involve sampling and testing for

the presence of potato cyst nematodes in accordance with

paragraph 2 of Schedule II and shall be carried out in accordance

with Section II of Schedule III.

(3) The results of the official surveys shall be notified, in

writing, to the Commission in accordance with Section II of

Schedule III.

If, as a result of the official investigation under regulation

4(1) and (3), no potato cyst nematodes are found, the Director shall

ensure that such information is officially recorded.

(1) When a field is found infested with potato cyst

nematodes during the official investigation under regulation 4(1),

the Director shall ensure that such information is officially

recorded.

(2) When a field is found infested with potato cyst nematodes

during the official survey referred to in regulation 6(1), the

Director shall ensure that this information is officially recorded.

(3) Potatoes or plants listed in Schedule I which come from a

field officially recorded as infested with potato cyst nematodes as

referred to in sub-regulations (1) or (2) or have been in contact with

soil in which potato cyst nematodes have been found, shall be

officially designated as contaminated.

(1) When a field has been officially recorded as infested as

referred to in regulation 8(1) or (2) the following measures shall

apply

(a) no potatoes intended for the production of seed

potatoes shall be planted; and

(b) no plants listed in Schedule I, intended for replanting,

shall be planted or stored: howsoever that, plants listed

in point 2 of Schedule I may be planted in that field

provided that these plants are to be subject to the

officially approved measures referred to in Section

III(A) of Schedule III, such that there is no identifiable

risk of spreading potato cyst nematodes.

(2) Fields to be used for planting potatoes, other than those

intended for the production of seed potatoes, officially recorded as

infested as referred to in regulation 8(1) or (2), are subject to an

official control programme aiming at least at the suppression of

potato cyst nematodes.

(3) The control programme shall take into account the

particular production and marketing systems for host plants of

potato cyst nematodes in Malta, the characteristics of the

population of potato cyst nematodes present, the use of resistant

potato varieties of the highest levels of resistance available as

specified in Section I of Schedule IV and, where appropriate, other

measures. It shall be notified in writing to the Commission and to

the other Member States.

(4) The degree of resistance of potato varieties, shall be

quantified according to the standard scoring notation table set out

in Section I of Schedule IV. Testing for resistance shall be carried

out according to the protocol set out in Section II of Schedule IV.

(5) Without prejudice to any other laws regulating soil

movement, the Director may, by notice, establish guidelines and

instructions regulating soil movement.

The following provisions shall apply to potatoes or plants

listed in Schedule I, which have been designated as contaminated

under regulation 8(3)

(a) in the case of seed potatoes and the host plants listed

in point 1 of Schedule I, these shall not be planted

unless they have been decontaminated under the

supervision of the Department using an appropriate

method based on scientific evidence that there is no

risk of spreading potato cyst nematodes and adopted

by notice issued by the Director;

(b) in the case of potatoes intended for industrial

processing or grading, they shall be subject to

officially approved measures in accordance with

Section III(B) of Schedule III; and

(c) in the case of plants listed in point 2 of Schedule I,

they shall not be planted unless they have been subject

to the officially approved measures as referred to in

Section III(A) of Schedule III, such that they are no

longer contaminated.

(1) Any person, entity, authority or any other legally

constituted body shall report to the Director, within three working

days of its knowledge or discovery, of any suspected occurrence or

confirmed presence of potato cyst nematodes in Malta resulting

from a breakdown or change in the effectiveness of a resistant

potato variety which relates to an exceptional change in the

composition of nematode species, pathotype or virulence group.

(2) For all reported cases, under regulation 11(1), the potato

cyst nematode species and, where applicable, the pathotype or

virulence group involved, are to be investigated and confirmed by

appropriate methods.

(3) The Director shall not later than 31st December of each

year send the details of the confirmations referred to in regulation

11(2), in writing, to the Commission and the other Member States.

The Director shall communicate to the Commission and to

the other Member States before the 31st January of each year, a list

of all new varieties of potatoes which have been found by official

testing to be resistant to potato cyst nematodes, and shall state the

species, pathotypes, virulence groups or populations to which the

varieties are resistant, the degree of resistance and the year of its

determination.

If, after the officially approved measures referred to in

Section III(C) of Schedule III have been taken, the presence of

potato cyst nematodes is not confirmed, the Director shall ensure

that the official record referred to in regulations 4(4) and 8(1) and

(2) is updated and any restrictions imposed on the field are

revoked.

Without prejudice to regulation 4 of the Plant Quarantine

(Harmful Organisms) Regulations, the Director may authorise

derogations from the measures referred to in regulations 9 and 10

of these regulations and in accordance with provisions laid down in

regulation 20, 21 and 22 of the said Plant Quarantine (Harmful

Organisms) Regulations.

Without prejudice to the provisions of these regulations,

the Director is empowered to issue additional and stricter measures,

as may be required, and which are conducive to preventing the

spread of the pest and its further entry into Malta. These measures

shall be notified in writing to the Commission and to the other

Member States.

Any person found guilty of an offence against any

provision of these regulation shall be liable to penalties established

under the Act.

1 - 100

> 100

SECTION II

PROTOCOL FOR RESISTANCE TESTING

1. The test shall be performed in a quarantine facility either outside, in

glasshouses, or in climate chambers.

2. The test shall be performed in pots each containing at least one liter of soil

(or suitable substrate).

3. The soil temperature during the course of the test shall not exceed 25°C and

adequate watering shall be provided.

4. When planting the test or control variety one potato eye plug of each test or

control variety shall be used. Removal of all stems except one is recommended.

5. The potato variety ‘Désirée’ shall be used as a standard susceptible control

variety in every test. Additional fully susceptible control varieties of local relevance

may be added as internal checks. The standard susceptible control variety may be

changed if research indicates that other varieties are either more suitable or more

accessible.

6. The following standard populations of potato cyst nematodes shall be used

against pathotypes Ro1, Ro5, Pa1 and Pa3

Ro1: population Ecosse

Ro5: population Harmerz

Pa1: population Scottish

Pa3: population Chavornay

Other potato cyst nematode populations of local relevance may be added.

7. The identity of the standard population used shall be checked using

appropriate methods. It is recommended that at least two resistant varieties or two

differential standard clones of known resistance capacity are used in the test

experiments.

8. The potato cyst nematode inoculum (Pi) shall consist in total of five

infective eggs and juveniles per ml of soil. It is recommended that the number of

potato cyst nematodes to be inoculated per ml of soil is determined in hatching

experiments. The potato cyst nematodes may be inoculated as cysts, or combined as

eggs and juveniles in a suspension.

9. The viability of the potato cyst nematode cyst content used as the inoculum

source shall be at least 70 %. It is recommended that the cysts are 6-24 months old

and are kept for at least four months at 4 °C immediately prior to use.

10. There shall be at least four replicates (pots) per combination of potato cyst

nematode population and potato variety tested. It is recommended to use at least 10

replicates for the standard susceptible control variety.

11. The duration of the test shall be at least three months and the maturity of

developing females shall be checked before breaking up the experiment.

12. Potato cyst nematode cysts from the four replicates shall be extracted and

counted separately for each pot.

13. The final population (Pf) on the standard susceptible control variety at the

end of the resistance test shall be determined by counting all cysts from all replicates

and the eggs and juveniles from at least four replicates.

14. A multiplication rate of at least 20 x (Pf/Pi) on the standard susceptible

control variety shall be achieved.

15. The coefficient of variation (CV) on the standard susceptible control variety

shall not exceed 35%.

16. The relative susceptibility of the tested potato variety to the standard

susceptible control variety shall be determined and expressed as a percentage

according to the formula

Pf test variety /Pf standard susceptible control variety x 100%.

17. If a tested potato variety has a relative susceptibility of more than 3%, cyst

counts will suffice. In cases where the relative susceptibility is less than 3%, eggs

and juveniles shall be counted in addition to cyst counts.

18. Where the results of tests in the first year indicate that a variety is fully

susceptible to a pathotype, there is no requirement to repeat these tests in a second

year.

19. The results of the tests shall be confirmed by at least one other trial

performed in another year. The arithmetic mean of the relative susceptibility in the

two years shall be used to derive the score according to the standard scoring

notation.