SEEDS OF AGRICULTURAL LANDRACES AND VARIETIES REGULATIONS

SUBSIDIARY LEGISLATION 433.25

SEEDS OF AGRICULTURAL LANDRACES

AND VARIETIES REGULATIONS

30th June, 2009

LEGAL NOTICE 199 of 2009.

The title of these regulations is the Seeds of Agricultural

Landraces and Varieties Regulations.

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

assure that any seeds of agricultural landraces and varieties

produced and placed on the market in Malta, meets specified

standards of quality.

(2) These regulations transpose Commission Directive 2008/

62/EC and their purpose is to aid landraces and varieties which are

naturally adapted to local and regional conditions and threatened by

genetic erosion to be grown and marketed even when they do not

comply with the general requirements as regards the acceptance of

varieties and the marketing of seeds and seed potatoes.

For the purpose of these regulations, the following

definitions shall apply

"conservation in situ" means the conservation of genetic material

in its natural surroundings and, in the case of cultivated plant

species, in the farmed environment where they have developed

their distinctive properties;

"the Department" means the department responsible for plant

health;

"genetic erosion" means the loss of genetic diversity between

and within populations or varieties of the same species over time,

or reduction of the genetic basis of a species due to human

intervention or environmental change;

"landrace" means a set of populations or clones of a plant species

which are naturally adapted to the environmental conditions of

their region;

"seed" means seed and seed potatoes, unless seed potatoes are

expressly excluded.

Landraces and varieties of agricultural plant species of the

species listed in Schedule I to the Seeds of Agricultural Plants and

Vegetables Regulations may be accepted in the national catalogue

of v a r i e t ie s o f a g r i c u l tu r a l p l a n t s p e c i e s p r o v i de d t h a t t h e

requirements laid down in regulations 5 and 6 are met. Such

landraces or varieties shall be referred to in the Common Catalogue

of varieties of agricultural plant species as "conservation varieties".

(1) In order to be accepted as a conservation variety, a

landrace or variety shall present an interest for the conservation of

plant genetic resources.

(2)

(a) By way of derogation from sub-regulation 2(1)(a) of

the Examination of Varieties of Agricultural Plant

Species Regulations, provision may be made with

regard to distinctness, stability and uniformity of

conservation varieties.

(b) In such cases, it shall be ensured that for distinctness

and stability, at least the characteristics which are

referred to in the following shall apply

(i)

the technical questionnaires associated with the

test protocols of the Community Plant Variety

Office (CPVO) listed in Schedule I to the

Examination of Varieties of Agricultural Plant

Species Regulations, which apply to those

species, or

(ii) the technical questionnaires of the guidelines of

the International Union for the Protection of

New Varieties of Plants (UPOV) listed in

Schedule II to the Examination of Varieties of

Agricultural Plant Species Regulations, which

apply to those species.

(c) For the assessment of uniformity, the provisions of the

Examination of Varieties of Agricultural Plant Species

Regulations shall apply. However, if the uniformity

level is established on the basis of off-types, a

population standard of 10% and an acceptance

probability of at least 90% shall be applied.

By way of derogation from the provision of regulation 8(4)

of the Seeds of Agricultural Plants and Vegetables Regulations,

requiring the acceptance of varieties to be based on the results of

official examinations, particularly growing trials, covering a

sufficient number of characteristics for the variety to be described,

n o o ff i c i a l e x a m i n a t i o n s h a l l b e r e q u i r e d i f t h e f o l l o w i n g

information is sufficient for the decision on the acceptance of the

conservation varieties to be taken

(a) the description of the conservation variety and its

denomination;

(b) the results of unofficial tests;

(c) knowledge gained from practical experience during

cultivation, reproduction and use, as notified by the

applicant to the Department concerned;

(d) other information in particular that from the plant

genetic resources authorities or from organisations

recognised for this purpose by the Department.

A conservation variety shall not be accepted for inclusion

in the national catalogue of varieties of agricultural plant species if

(a) it is already listed in the Common Catalogue of

varieties of agricultural plant species as a variety other

than a conservation variety, or it was deleted from such

catalogue within the last two years or within the last

two years from the expiry of the acceptance period

granted under regulation 8(11) to the Seeds of

Agricultural Plants and Vegetables Regulations; or

(b) it is protected by a Community plant variety right as

provided for in Council Regulation (EC) No 2100/94

or by a national plant variety right, or an application

for such a right is pending.

(1) With respect to denominations of conservation

varieties which were known before 25th May 2000, the Department

may permit derogations from the provisions of Commission

Regulation (EC) No 930/2000, except where such derogations

would violate prior rights of a third party which is protected under

Article 2 of that Regulation.

(2) Notwithstanding regulation 8(6) of the Seeds of

Agricultural Plants and Vegetables Regulations, stating that a

variety is known by the same name in all Member States at the time

of acceptance, the Department may accept more than one name for

a variety if the names concerned are historically known.

(1) When a conservation variety is accepted, the region or

regions in which the variety has historically been grown and to

which it is naturally adapted shall be identified and hereinafter,

these shall be referred to as the "region of origin". Information

from plant genetic resources authorities or from organisations

recognised for that purpose shall be taken into account. If the

region of origin is located in Malta and in other Member States, it

shall be identified by all Member States concerned by common

accord.

(2) Malta or the other Member States, as the case may be,

performing the identification of the region of origin shall notify the

identified region to the European Commission.

It shall be ensured that a conservation variety is maintained

in its region of origin.

(1) By way of derogation from the certification

requirements provided for in regulations 9(1)(a) and (2) and 34(1)

of the Seeds of Agricultural Plants and Vegetables Regulations, the

Department may provide that seed of a conservation variety may be

placed on the market if it complies with sub-regulations (2), (3) and

(4) hereof.

(2) The seed shall descend from seed produced according to

well defined practices for the maintenance of the variety.

(3) The seed shall comply with the requirements for

certification of ce rtifie d seed provided for in the Se eds of

Agricultural Plants and Vegetables Regulations, with the exception

of the requirements in respect of minimum varietal purity and the

requirements concerning official examination or examination under

official supervision. The seed shall have sufficient varietal purity.

(4) As regards seed potatoes, Member States may provide that

regulation 32 of the Seeds of Agricultural Plants and Vegetables

Regulations, concerning the size, shall not apply.

(1) It shall be ensured that seeds of a conservation variety

may only be produced in the region of origin. If the conditions for

certification provided for in regulation 11(3) cannot be fulfilled in

that region, due to a specific environmental problem, additional

regions for seed production may be approved by the Department

taking into account information from plant genetic resources

authorities or from organisations recognised for this purpose by the

Department. However, seed produced in those additional regions

may be used exclusively in the regions of origin.

(2)

(a) The European Commission and the other Member

States have to be notified by Malta on the additional

regions which it intends to approve for seed production

pursuant to sub-regulation (1).

(b) The European Commission and the other Member

States may, within twenty working days from receipt

of those notifications, request the matter to be referred

to the Standing Committee on Seeds and Propagating

Material for Agriculture, Horticulture and Forestry. A

decision shall be taken according to established

procedures, as appropriate, to lay down, if necessary,

restrictions or conditions for the designation of such

regions.

(c) If neither the European Commission nor the other

Member States make a request referred to in paragraph

(b), Malta may approve the additional regions for seed

production as notified.

(1) It shall be ensured that tests are carried out to check

that seeds of conservation varieties comply with the certification

requirements provided for in regulation 11(3). Such tests shall be

carried out in accordance with current international methods, or,

where such methods do not exist, in accordance with any

appropriate methods.

(2) For the tests referred to in sub-regulation (1), samples have

to be drawn from homogeneous lots. The rules on lot weight and

sample weight provided for in Schedule IV to the Seeds of

Agricultural Plants and Vegetables Regulations, 2006 shall be

applied.

(1) Seeds of a conservation variety may only be marketed

if the following conditions are satisfied

(a) they shall have been produced in their region of origin

or in a region referred to in regulation 12;

(b) marketing shall takes place in their region of origin.

(2) By way of derogation from sub-regulation (1)(b), additional

regions may be approved by the Department in its own territory for

the marketing of seed of a conservation variety provided that those

regions are comparable to the region of origin as regards the natural

and semi-natural habitats of that variety. If the Department

approves such additional regions, it shall be ensured that the

amount of seed necessary for the production of at least the quantity

of seed referred to in regulation 15 is reserved to conserve the

variety in its region of origin. Malta shall inform the European

Commission and the other Member States of the approval of such

additional regions.

(3) If the Department approves additional regions for seed

production in accordance with regulation 12, it shall not use the

derogation provided for in sub-regulation (2).

(1) For each conservation variety, the quantity of seed

marketed shall not exceed 0.5% of the seed of the same species

used in Malta in one growing season, or a quantity necessary to sow

100 ha, whichever is the greater quantity.

(2) For the species Hordeum vulgare, Pisum sativum, Triticum

spp., Solanum tuberosum and Zea mays, that percentage shall not

exceed 0.3%, or a quantity necessary to sow 100 ha, whichever is

the greater quantity.

(3) However, the total quantity of seed of conservation

varieties marketed in Malta shall not exceed 10% of the seed of the

species concerned used yearly in Malta. In cases where this leads to

a quantity lower than necessary to sow 100 ha, the maximum

amount of seed of the species concerned used yearly in Malta may

be increased so as to reach the quantity necessary to sow 100 ha.

(1) Before the beginning of each production season,

producers shall notify the Department of the size and the location

of the area for the seed production.

(2) If, based on the notifications referred to in sub-regulation

(1), the quantities laid down in regulation 15 are likely to be

exceeded, the Department shall allocate to each producer

concerned the quantity such producer may market in the respective

production season.

Official monitoring shall be carried out to ensure that the

seed crops of a conservation variety comply with the provisions of

these regulations, paying particular attention to the variety,

locations of seed production and quantities.

(1) It shall be ensured that seeds of conservation varieties

may be marketed only in closed packages or containers bearing a

sealing device.

(2) Seed packages and containers shall be sealed by the

supplier in such a manner that they cannot be opened without

damaging the sealing system or leaving evidence of tampering on

the supplier’s label, or on the package or container.

(3) In order to ensure sealing in accordance with sub-regulation

(2), the sealing system shall comprise of at least the label or the

affixing of a seal.

Packages or containers of seeds of conservation varieties

shall bear a supplier’s label or a printed or a stamped notice that

includes the following information

(a) the words "EC rules and standards";

(b) name and address of the person responsible for

affixing the labels or his identification mark;

(c) year of sealing expressed as: "sealed ............. (year)",

or, except for seed potatoes, the year of the last

sampling for the purposes of the last testing of

germination expressed as: "sampled ........... (year)”;

(d) species;

(e) denomination of the conservation variety;

(f)

the words "conservation variety";

(g) region of origin;

(h) where the region of seed production is different from

the region of origin, the indication of the region of

seed production;

(i)

reference number of the lot given by the person

responsible for affixing the labels;

(j)

declared net or gross weight, or, except for seed

potato, declared number of seeds;

(k) where weight is indicated and granulated pesticides,

pelleting substances or other solid additives are used,

the nature of the chemical treatment or additive and

the approximate ratio between the weight of clusters of

pure seeds and the total weight (this does not apply for

seed potatoes).

It shall be ensured that seed is subject to official post

control by random inspections to verify its varietal identity and

varietal purity.

(1) Suppliers operating in Malta shall report for each

production season the amount of seed of each conservation variety

placed on the market.

(2) A report shall also be made on request to the European

Commission and to the other Member States on the amount of seed

of each conservation variety placed on the market.