MT
SEEDS OF VEGETABLE LANDRACES AND VARIETIES REGULATIONS
Table of Provisions (36)
Statutory Text (36 Articles)
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
SUBSIDIARY LEGISLATION 433.27
SEEDS OF VEGETABLE LANDRACES AND
VARIETIES REGULATIONS
31st December 2010 *
LEGAL NOTICE 22 of 2011, as amended by Legal Notice 114 of 2014.
(1) The title of these regulations is the Seeds of Vegetable
Landraces and Varieties Regulations.
(2) The scope of these regulations is to transpose Commission
Directive 2009/145/EC providing for certain derogations for the
acceptance for inclusion of vegetable landraces and varieties in
national catalogues of varieties of vegetable species as provided for
in the Seeds of Agricultural Plants and Vegetables Regulations,
2010 to ensure the sustainable use of such plant genetic resources
through growing. Such derogation shall apply to the following
(a) vegetable landraces and varieties which have been
traditionally grown in particular localities and regions
hereinafter referred to as "conservation in situ" and are
threatened by genetic erosion hereinafter referred to as
"conservation varieties"; and
(b) vegetable varieties with no intrinsic value for
commercial crop production but solely developed for
growing under particular pedological or agro-technical
conditions hereinafter referred to as "varieties
developed for growing under particular conditions",
and consequently for marketing of seeds of such
vegetable landraces and varieties.
(3) The scope of these regulations is to transpose Commission
Implementing Directive 2013/45/EU amending Council Directives
2002/55/EC and 2008/72/EC and Commission Directive 2009/145/
EC as regards the botanical name of tomato.
Amended by
L.N. 114 of 2014.
(Regulation 16)
Quantitative restrictions for the marketing of seed of conservation varieties
Botanical name
Maximum number of hectares
per Member State for
production of vegetables per
conservation variety
Allium cepa L. - Cepa group
Brassica oleracea L.
Brassica rapa L.
Capsicum annuum L.
Cichorium intybus L.
Cucumis melo L.
Cucurbita maxima Duchesne
Cynara cardunculus L.
Daucus carota L.
Lactuca sativa L.
Phaseolus vulgaris L.
Pisum sativum L. (partim)
Solanum lycopersicum L.
Vicia faba L. (partim)
Allium cepa L. - Aggregatum group
Allium porrum L.
Allium sativum L.
Beta vulgaris L.
Citrullus lanatus (Thunb.) Matsum. et Nakai
Cucumis sativus L.
Cucurbita pepo L.
Foeniculum vulgare Mill.
Solanum melongena L.
Spinacia oleracea L.
Allium fistulosum L.
Allium schoenoprasum L.
Anthriscus cerefolium (L.) Hoffm.
Apium graveolens L.
Asparagus officinalis L.
Cichorium endivia L.
Petroselinum crispum (Mill.) Nyman ex A. W. Hill
Phaseolus coccineus L.
Raphanus sativus L.
Rheum rhabarbarum L.
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
Botanical name
Maximum number of hectares
per Member State for
production of vegetables per
conservation variety
Scorzonera hispanica L.
Valerianella locusta (L.) Laterr.
Zea mays L. (partim)
(1) Unless otherwise stated in these regulations, the
definitions in the Act and those contained in the Seeds of
Agricultural Plants and Vegetables Regulations shall continue to
apply.
(2) For the purpose of these regulations and unless the context
otherwise requires, the following definitions shall apply
"the Act" means the Plant Quarantine Act;
"the applicant" means any person, farmer or breeder who submits
an application to the Directorate whereby he may be granted an
authorisation in accordance with these regulations;
*See regulation 1(3) of these Regulations, as originally promulgated.
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
"authorisation" means any permit, licence, decision or
concession granted by the Directorate to the applicant in terms of
these regulations;
"certified seed" shall have the same meaning as that provided for
under the Seeds of Agricultural Plants and Vegetables Regulations;
"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;
"conservation varieties" means vegetable landraces and varieties
which have been traditionally grown in particular localities and
regions and are threatened by genetic erosion;
"the Commission" means the European Commission;
"the Community" means the European Community as established
by the Treaty of the European Union;
"the Directorate" means the directorate 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;
"Member State" means a state which is a member of the
European Union;
"person" means any natural or legal person;
"standard seed" shall have the same meaning as that provided
under the Seeds of Agricultural Plants and Vegetables Regulations;
"varieties developed for growing under particular conditions"
means varieties with no intrinsic value for commercial crop
production but solely developed for growing under particular
pedological or agro-technical conditions.
Amended by
L.N. 114 of 2014.
(Regulation 29)
(Maximum net weight per package)
Botanical name
Maximum net weight per
package expressed in grams
Phaseolus coccineus L.
Phaseolus vulgaris L.
Pisum sativum L. (partim)
Vicia faba L. (partim)
Spinacia oleracea L.
Zea mays L. (partim)
Allium cepa L. (Cepa group, Aggregatum group)
Allium fistulosum L.
Allium porrum L.
Allium sativum L.
Anthriscus cerefolium (L.) Hoffm.
Beta vulgaris L.
Brassica rapa L.
Cucumis sativus L.
Cucurbita maxima Duchesne
Cucurbita pepo L.
Daucus carota L.
Lactuca sativa L.
Petroselinum crispum (Mill.) Nyman ex A. W. Hill
Raphanus sativus L.
Scorzonera hispanica L.
Valerianella locusta (L.) Laterr.
Allium schoenoprasum L.
Apium graveolens L.
Asparagus officinalis L.
Brassica oleracea L. (all)
Capsicum annuum L.
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
Botanical name
Maximum net weight per
package expressed in grams
Cichorium endivia L.
Cichorium intybus L.
Citrullus lanatus (Thunb.) Matsum. et Nakai
Cucumis melo L.
Cynara cardunculus L.
Foeniculum vulgare Mill.
Rheum rhabarbarum L.
Solanum lycopersicum L.
Solanum melongena L.
These regulations shall apply in particular to ensure that
any seeds of vegetable landraces and varieties produced and placed
on the market in Malta meets specified quality standards and shall
apply without prejudice to the Seeds of Agricultural Plants and
Vegetables Regulations.
(1) Conservation varieties may be accepted for inclusion in
national catalogues subject to the requirements provided for in
regulations 5 and 6.
(2)
Such varieties shall be accepted
(a) as a variety the seeds of which may either be certified
as "certified seed of a conservation variety" or verified
as "standard seed of a conservation variety". Such a
variety shall enter the Common Catalogue of varieties
of vegetable species as a "conservation variety the
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
seeds of which shall be certified in accordance with
regulation 11 or verified in accordance with regulation
12";
(b) as a variety the seeds of which may only be verified as
"standard seed of a conservation variety". Such a
variety shall enter the Common Catalogue of varieties
of vegetable species as a "conservation variety the
seeds of which shall be verified in accordance with
regulation 12".
(1) In order to be accepted as a conservation variety, as
referred to in regulation 2(2), a landrace or variety shall present an
interest for the conservation of plant genetic resources.
(2) The Directorate may adopt its own provisions as regards
distinctness, stability and uniformity of conservation varieties by
way of derogation from regulation 3(1)( a ) and ( b ) of the
Examination of Varieties of Vegetable Species Regulations. In such
cases, the Directorate shall ensure that for the purpose of
distinctness and stability, at least the characteristics referred to in
the following shall apply
(a) 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 Vegetable Species Regulations, which
apply to those species; or
(b) 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 Vegetable Species
Regulations, which apply to those species.
(3) The provisions contained under the Examination of
Varieties of Vegetable Species Regulations shall apply with regard
to the assessment of uniformity. 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 apply.
Without prejudice to the first sentence of regulation 6(4) of
the Seeds of Agricultural Plants and Vegetables Regulations, no
official examination shall be required if a decision is taken by the
Directorate regarding the acceptance of conservation varieties
based on the following information
(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 Directorate;
(d) other information in particular that obtained from the
plant genetic resources authorities or from other
organisations or entities recognised as such by the
Directorate.
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
A conservation variety shall not be accepted for inclusion
in the national catalogue of varieties of vegetable species if
(a) it is already listed in the Common Catalogue of
varieties of vegetable species as a variety other than a
conservation variety; or
(b) it was deleted from such catalogue during the years
2008 to 2010 or within the two years immediately
following the expiry period of the acceptance granted
under regulation 6(11) of the Seeds of Agricultural
Plants and Vegetables Regulations; or
(c) it is protected by a Community plant variety right as
provided for in Council Regulation (EC) No 2100/94
on Community plant variety rights or by a national
plant variety right, or where an application for such a
right is pending.
(1) With respect to denominations of conservation
varieties known prior to 25th May 2000, the Directorate may
permit derogations from the provisions of Commission Regulation
(EC) No 637/2009 establishing implementing rules as to the
suitability of the denominations of varieties of agricultural plant
species and vegetable species except where such derogations would
violate prior rights of a third party protected under Article 2 of that
Regulation.
(2) Notwithstanding regulation 6(6) of the Seeds of
Agricultural Plants and Vegetables Regulations, providing that a
variety shall be known by the same name in all Member States at
the time of acceptance, the Directorate may accept more than one
name for a variety if the names concerned are historically known.
(1) When a conservation variety is accepted, the locality or
localities, 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 available from plant genetic resources
authorities or from other organisations or entities recognised as
such 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 means of a common accord.
(2) The Directorate or the other competent authorities of other
Member States, as the case may be, identifying the region of origin
shall notify such identification to the Commission.
The Directorate shall ensure that a conservation variety
shall be maintained in its region of origin.
By way of derogation from the certification requirements
provided for in regulations 7(1) and 9 of the Seeds of Agricultural
Plants and Vegetables Regulations, the Directorate may provide
that the seed of a conservation variety may be certified as certified
seed of a conservation variety if it meets the following
requirements
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
(a) the seed originates from seeds produced according to
well defined practices for the maintenance of the
conservation variety;
(b) the seed shall comply with the requirements for
certification of certified seed provided for in
regulation 3(5) of the Seeds of Agricultural Plants and
Vegetables Regulations, except with the requirements
in respect of minimum varietal purity and the
requirements concerning official examination or
examination under official supervision; and
(c) the seed shall have sufficient varietal purity.
By way of derogation from the certification requirements
provided for in regulations 7(1) and 9 of the Seeds of Agricultural
Plants and Vegetables Regulations, the Directorate may provide
that seeds of a conservation variety be verified as standard seeds of
a conservation variety if it meets the following requirements
(a) the seed shall comply with the requirements for the
marketing of “standard seed” provided for in the Seeds
of Agricultural Plants and Vegetables Regulations,
other than those requirements set out in respect of
minimum varietal purity; and
(b) the seed shall have sufficient varietal purity.
(1) The Directorate shall ensure that tests are carried out
in order to verify that seeds of a conservation variety comply with
the certification requirements provided for in regulations 11 and
12. (2) The tests referred to in sub-regulation (1) shall be carried
out in accordance with current international methods, or in the
absence of such, in accordance with any appropriate methods.
(3) Samples taken for the tests referred to in sub-regulation (1)
shall 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 shall be applied.
(1) The Directorate shall ensure that seeds of a
conservation variety may only be produced in the region of origin.
If the seed cannot be produced in that region, owing to a specific
environmental problem, additional regions for seed production may
be approved by the Directorate taking into account information
from plant genetic resources authorities or from other organisations
or entities recognised as such by the Directorate. However, seed
produced in such additional regions shall be used exclusively in the
region of origin.
(2) The Directorate shall notify the Commission and the other
Member States on the additional regions which it intends to
approve for seed production pursuant to sub-regulation (1).
(1) Seeds of a conservation variety may only be marketed
if the following conditions are satisfied
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
(a) they shall have been produced in their region of origin
or in a region referred to in regulation 14; and
(b) marketing shall take place in their region of origin.
(2) By way of derogation from sub-regulation (1)(b), additional
regions may be approved by the Directorate in Malta for the
marketing of seeds of a conservation variety provided that those
regions are comparable to the region of origin as regards the natural
and semi-natural habitats of such variety. If the Directorate
approves such additional regions, it shall ensure that the amount of
seed necessary for the production of at least the quantity of seed
referred to in regulation 16 is reserved to conserve the variety in its
region of origin. The Directorate shall inform the Commission and
the other Member States of the approval of such additional regions.
(3) If the Directorate approves additional regions for seed
production in accordance with regulation 14, it shall not use the
derogation provided for in sub-regulation (2).
For each conservation variety, the quantity of seed
marketed per year shall not exceed the quantity necessary for
producing vegetables in terms of the number of hectares set out for
the respective species in Schedule I.
(1) Before the commencement of each production season,
producers shall notify the Directorate of the size and location of the
area for the seed production.
(2) If, based on the notifications referred to in sub-regulation
(1), the quantities referred to in regulation 16 are likely to be
exceeded, the Directorate shall allocate to each producer concerned
the quantity which may be marketed in the respective production
season.
(1) The Directorate shall ensure that seeds of conservation
varieties shall be marketed only in closed packages bearing a
sealing device.
(2) Seed packages 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 with the supplier’s label,
or with the package.
(3) In order to ensure sealing in accordance with sub-regulation
(2), the sealing system shall at least include 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 stamped notice which
shall include the following information
(a) the words "EC rules and standards";
(b) the name and address of the person responsible for
affixing the labels or the identification mark of such
person;
(c) the year of sealing expressed as: "sealed in (year)", or
the year of the last sampling taken for the purposes of
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
the last testing of germination expressed as: "sampled
in (year)";
(d)
the species;
(e)
the denomination of the conservation variety;
(f)
the words "certified seed of a conservation variety" or
"standard seed of a conservation variety";
(g)
the 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)
the reference number of the lot given by the person
responsible for affixing the labels;
(j)
the declared net or gross weight, or declared number of
seeds; and
(k)
where the 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 or pure seeds and the total weight.
(1) The Directorate shall ensure that seed of a
conservation variety marketed under these regulations is subject to
official post control by means of inspections carried out randomly
in order to verify its varietal identity and varietal purity.
(2) The official post control referred to in sub-regulation (1)
shall be carried out in accordance with current international
methods, or, in the absence of such, in accordance with any
appropriate methods.
The Directorate shall ensure by means of official
monitoring carried out during production and marketing, that the
seeds of conservation varieties comply with these regulations,
particularly taking into account the variety, the location of the seed
production and quantities.
(1) Varieties developed for growing under particular
conditions may be accepted for inclusion in the national catalogues
subject to the requirements provided for in regulations 23 and 24.
(2) A variety developed for growing under particular
conditions shall be accepted as a variety the seeds of which may
only be verified as "standard seed of a variety developed for
growing under particular conditions". Such a variety shall be
entered into the Common Catalogue of varieties of vegetable
species as a "variety developed for growing under particular
conditions the seeds of which shall be verified in accordance with
regulation 27".
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
(1) In order to be accepted as a variety developed for
growing under particular conditions, as referred to in regulation
2(2), a variety shall be with no intrinsic value for commercial crop
production but developed for growing under particular conditions.
(2) A variety shall be considered as having been developed for
growing under particular conditions if it has been developed for
growing under particular agro-technical, climatic or pedological
conditions.
(3) The Directorate may adopt its own provisions as regards
distinctness, stability and uniformity of varieties developed for
growing under particular conditions by way of derogation from
regulation 3(1)(a) and (b) of the Examination of Varieties of
Vegetable Species Regulations. In such cases, the Directorate shall
ensure that for the determination of distinctness and stability, at
least the characteristics referred to in the following shall apply
(a) 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 Vegetable Species Regulations, which
apply to those species, or
(b) 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 Vegetable Species
Regulations, which apply to those species.
(4) For the assessment of uniformity, the provisions of the
Examination of Varieties of Vegetable 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.
Without prejudice to regulation 6(4) of the Seeds of
Agricultural Plants and Vegetables Regulations, no official
examination shall be required if a decision is taken by the
Directorate regarding the acceptance of varieties developed for
growing under particular conditions based on the following
information
(a) the description of the variety developed for growing
under particular conditions 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 Directorate concerned;
(d) other information in particular that obtained from the
plant genetic resources authorities or from other
organisations or entities recognised as such by the
Directorate.
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
A variety developed for growing under particular
conditions shall not be accepted for inclusion in the national
catalogue of varieties of vegetable species if
(a) it is already listed in the Common Catalogue of
varieties of vegetable species as a variety other than a
variety developed for growing under particular
conditions; or
(b) it was deleted from such catalogue during the years
2008 to 2010 or within the two years immediately
following the expiry period of the acceptance granted
under regulation 6(11) of the Seeds of Agricultural
Plants and Vegetables Regulations; or
(c) it is protected by a Community plant variety right as
provided for in Council Regulation (EC) No 2100/94
on Community plant variety rights or by a national
plant variety right, or an application for such a right is
pending.
(1) With respect to denominations of varieties developed
for growing under particular conditions known prior to 25th May
2000, the Directorate may permit derogations from the provisions
of Commission Regulation (EC) No 637/2009 establishing
implementing rules as to the suitability of the denominations of
varieties of agricultural plant species and vegetable species, except
where such derogations would violate prior rights of a third party
protected under Article 2 of that Regulation.
(2) Notwithstanding regulation 6(6) of the Seeds of
Agricultural Plants and Vegetables Regulations, providing that a
variety shall be known by the same name in all Member States at
the time of acceptance, the Directorate may accept more than one
name for a variety if the names concerned are historically known.
By way of derogation from the certification requirements
provided for in regulations 7(1) and 9 of the Seeds of Agricultural
Plants and Vegetables Regulations, the Directorate may provide
that seed of a variety developed for growing under particular
conditions be verified as standard seed of a variety developed for
growing under particular conditions if it meets the following
requirements
(a) the seed shall comply with the requirements for the
marketing of "standard seed" provided for in the Seeds
of Agricultural Plants and Vegetables Regulations,
2010 other than those requirements set out in respect
of minimum varietal purity; and
(b) the seed shall have sufficient varietal purity.
(1) The Directorate shall ensure that tests are carried out
in order to verify that seeds of varieties developed for growing
under particular conditions comply with the certification
requirements provided for in regulation 27.
(2) The tests referred to in sub-regulation (1) shall be carried
out in accordance with current international methods, or in the
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
absence of such, in accordance with any appropriate methods.
For each variety developed for growing under particular
conditions, the quantity of seeds marketed in small packages shall
not exceed the maximum net weight set out for the respective
species in Schedule II.
(1) The Directorate shall ensure that seeds of varieties
developed for growing under particular conditions shall be
marketed only in closed packages bearing a sealing device.
(2) Seed packages 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 with the supplier’s label,
or with the package.
(3) In order to ensure sealing in accordance with sub-regulation
(2), the sealing system shall at least include the label or the affixing
of a seal.
Packages of seeds of varieties developed for growing under
particular conditions shall bear a supplier’s label or a printed or
stamped notice which shall include the following information
(a) the words "EC rules and standards";
(b) the name and address of the person responsible for
affixing the labels or the identification mark of such
person;
(c) the year of sealing expressed as: "sealed in (year)", or
the year of the last sampling taken for the purposes of
the last testing of germination expressed as: "sampled
in (year)";
(d) the species;
(e) the denomination of the variety;
(f) the words "variety developed for growing under
particular conditions";
(g) the reference number of the lot given by the person
responsible for affixing the labels;
(h) the declared net or gross weight, or declared number of
seeds; and
(i) where the 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 or pure seeds and the total weight.
(1) The Directorate shall ensure that seed of a variety
developed for growing under particular conditions is subject to
official post control by means of inspections carried out randomly
in order to verify its varietal identity and varietal purity.
(2) The official post control referred to in sub-regulation (1)
shall be carried out in accordance with current international
methods, or in the absence of such, in accordance with any
SEEDS OF VEGETABLE LANDRACES AND VARIETIES
appropriate methods.
The Directorate shall ensure by means of official
monitoring carried out during production and marketing that the
seeds of varieties developed for growing under particular
conditions comply with these regulations, particularly taking into
account the variety and quantities.
SEEDS OF VEGETABLE LANDRACES AND VARIETIES