FODDER PLANT SEED PRESERVATION REGULATIONS

SUBSIDIARY LEGISLATION 433.28

FODDER PLANT SEED PRESERVATION

REGULATIONS

3rd February, 2012

LEGAL NOTICE 51 of 2012.

(1) The title of these regulations is the Fodder Plants Seed

Preservation Mixtures Regulations.

(2) The scope of these regulations is to transpose Commission

Directive 2010/60/EU providing for certain derogations for the

marketing of fodder plant seed mixtures intended for use in the

preservation of the natural environment in order to assure that any

such fodder plant seed mixtures that are produced and placed on the

market in Malta meets specified quality standards.

These regulations shall apply without prejudice to the

Flora, Fauna and Natural Habitats Protection Regulations, and to

the Seeds of Agricultural Plants and Vegetables Regulations.

(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 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;

"collection site" means a part of the source area where the seed

has been collected;

"conservation of genetic resources" means the conservation or

preservation of fodder plant seed genetic material of actual or

potential value in the surroundings where they have developed their

distinctive properties in in situ or local conditions;

"cro p-grow n mixt ure" means a seed mixtu re produced in

accordance with the following procedure

(a) seed of individual species shall be taken at the

collection site;

(b) the seeds referred to in paragraph (a) shall be

multiplied outside the collection site as a single

species;

(c) the seeds of those species shall then be mixed to create

a mixture which is composed of those genera, species

and, where relevant, sub-species which are typical for

the habitat type of the collection site;

"directly harvested mixture" means a seed mixture marketed as

collected at the collection site, with or without cleaning;

"the Directorate" means the directorate responsible for plant

health;

"marketing of mixtures" means the marketing of mixtures of

various species, genera, landraces, and where relevant, sub-species

which have been traditionally grown in particular localities and

regions, intended for use in the preservation of the natural

environment and for the purpose of conserving genetic resources,

which may contain seed of fodder plants and other seeds, thus

forming conservation varieties in terms of regulation 4. Such

mixtures are hereinafter referred to as "preservation mixtures";

" M em b e r St at e " m e an s a st a t e w h i ch i s a m em b e r o f t he

European Union;

"quantitive restrictions" means the prohibition of the marketing

of seeds in large quantities between regions of origin of the

Member State concerned;

"region of origin" means the region with which a preservation

mixture is naturally associated;

"source-area" means either

(a) an area designated by the Malta Environment and

Planning Authority, hereinafter referred to as "MEPA",

as a special area of conservation in accordance with

regulation 9(2) of the Flora, Fauna and Natural

Habitats Protection Regulations; or

(b) an area contributing to the conservation of plant

genetic resources and which is designated by MEPA,

in accordance with

the criteria mentioned in

regulation 9(2) of the Flora, Fauna and Natural

Habitats Protection Regulations, taking into account

the meaning of "special area of conservation of

National Importance" and "special area of

conservation of International Importance" mentioned

in regulation 3 of those regulations, and which is

managed, protected and under surveillance in a manner

equivalent to

regulations 14 and 38 of those

regulations.

(1) By way of derogation from sub-regulation 7(2) of the

Seeds of Agricultural Plants and Vegetables Regulations, the

Directorate may authorise the marketing of preservation mixtures

within the meaning and for the purpose of conservation of plant

genetic resources referred to in regulation 34 of those regulations.

Such preservation mixtures may contain seeds of fodder plants in

t e r m s o f t h e S e e d s o f A g r i c u l t u r a l P l a n t s a n d Ve g e t a b l e s

Regulations and, in addition, seeds of plants which are not fodder

plants within the meaning of those regulations.

(2) Where a preservation mixture contains a conservation

variety, the provisions of the Seeds of Agricultural Landraces and

Varieties Regulations shall apply.

When the marketing of a preservation mixture is authorised

by the Directorate, it shall define the region of origin. Information

from plant genetic resources authorities or from organisations

recognised for this purpose by the Directorate shall be taken into

account. If the region of origin is located in Malta and in other

Mem ber States, it shall be id ent ified by all Memb er States

concerned by common accord.

(1) The Directorate may authorise preservation mixtures

for marketing in the region of origin in Malta, provided that those

mixtures fulfil the requirements established in regulation 7 in the

case of directly harvested preservation mixtures, or the

requirements laid down in regulation 8 in the case of crop-grown

preservation mixtures.

(2) The authorisation for marketing of preservation mixtures

shall include the following information

(a) name and address of the producer;

(b) whether the harvesting method shall be directly

harvested or crop-grown;

(c) percentage by weight of the components as species

and, where relevant, sub-species;

(d) in the case of crop-grown preservation mixtures, a

specific germination rate for components of the

mixture in terms of the Seeds of Agricultural Plants

and Vegetables Regulations, which do not comply with

the germination requirements set out in Schedule III to

the Seeds of Agricultural Plants and Vegetables

Regulations;

(e) quantity of the mixture

regarding

which

the

authorisation shall apply;

(f)

region of origin;

(g) restriction to marketing in the region of origin;

(h) source area;

(i)

collection site and, in addition, in the case of a crop-

gown preservation mixture, the multiplication site;

(j)

habitat type of the collection site; and

(k) year of collection.

(3) As regards sub-regulation (2)(c), for directly harvested

preservation mixtures, it shall suffice that the applicant submits to

the Directorate those components as species and, where relevant,

sub-species, which are typical for the habitat type of the collection

site and which are, as components of the mixture, of importance for

the preservation of the natural environment for the intended use of

conserving genetic resources.

(1) A directly harvested preservation mixture shall have

been collected in its source area at a collection site which has not

been sown in forty (40) years prior to the date of the application by

the producer, referred to in regulation 9(1). The source area shall be

located in the region of origin.

(2)

The percentage of the components of the directly harvested

preservation mixture that are species and, where relevant, sub-

species which are typical for the habitat type of the collection site

and which are, as components of the mixture, of importance for the

preservation of the natural environment for the intended use of

conservation of genetic resources, shall be adequate for the purpose

of recreating the habitat type of the collection site.

(3) The germination rate of the components referred to in sub-

regulation (2) shall be sufficient for the purpose of recreating the

habitat type of the collection site.

(4) The maximum content of species and, where relevant, sub-

species which do not comply with sub-regulation (2) shall not

exceed 1% by weight. The directly harvested preservation mixture

shall not contain Avena fatua, Avena sterilis and Cuscuta spp. The

maximum content of Rumex spp., other than Rumex acetosella and

Rumex maritimus shall not exceed 0.05% by weight.

(1) As regards crop-grown preservation mixtures, the

collected seed from which the crop-grown seed mixture is produced

shall have been collected in its source area at a collection site

which has not been sown in forty (40) years prior to the date of the

application by the producer, referred to in regulation 9(1). The

source area shall be located in the region of origin.

(2) The seed of the crop-grown preservation mixture shall be of

species and, where relevant, sub-species which are typical for the

habitat type of the collection site and which are, as components of

the mixture, of importance for the preservation of the natural

environment for the intended use of conservation of genetic

resources.

(3) Components of a crop-grown preservation mixture which

are seeds of fodder plants in terms of the Seeds of Agricultural

Plants and Vegetables Regulations shall, before mixing, comply

with the requirements for commercial seed set out in Section II of

Schedule III to the Seeds of Agricultural Plants and Vegetables

Regulations, as follows

(a) as regards analytical purity, with the requirements set

out in columns 3 to 9 of Table 1.4 and columns 9 and

10 of Table 1.15 of that Schedule; and

(b) as regards the maximum content of other plant species

in a sample of the weight specified in column 4 (total

per column) of Schedule IV to those regulations, with

the requirements set out in columns 12, 13 and 14 of

the Table 1.15 of that Schedule.

(4)

Multiplication of seeds may take place for five generations.

(1) Authorisation shall be granted on application by the

producer. The application shall be accompanied by the information

necessary to verify compliance with regulations 6 and 7 in the case

of directly harvested preservation mixtures, or with regulations 6

and 8 in the case of crop-grown preservation mixtures.

(2) In the case of directly harvested preservation mixtures, the

Directorate shall carry out visual inspections where the collection

site is located. Such visual inspections shall be carried out on the

collection site during the period of growth at intervals appropriate

to ensure that the mixture complies, at least, with the authorisation

requirements provided for in regulation 7(2) and (4).

(3) The Directorate shall document the results of the

inspections carried out thereto.

(4) As regards crop-grown preservation mixtures, when the

Directorate examines an application, it shall carry out tests or tests

under official supervision of the Directorate to verify that the

preservation mixture complies, at least, with the authorisation

requirements provided for in regulation 8(2) and (3).

(5) 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.

(6) For such tests, the Directorate shall ensure that samples are

drawn from homogenous lots. It shall also ensure that the rules on

lot weight and sample weight provided for in regulation 10(4) of

the Seeds of Agricultural Plants and Vegetables Regulations are

applied.

The Directorate shall ensure that the total quantity of seed

of preservation mixtures marketed each year does not exceed 5% of

the total weight of all fodder plant seed mixtures in terms of the

Seeds of Agricultural Plants and Vegetables Regulations and

marketed in the respective year in Malta.

(1) In the case of directly harvested preservation mixtures,

the Directorate shall ensure that producers notify, before the

beginning of each production season, the quantity of seed of

preservation mixtures for which they intend to apply for

authorisation together with the size and location of the intended

collection site or sites.

(2) In the case of crop-grown preservation mixtures, the

Directorate shall ensure that producers notify before the beginning

of each production season the quantity of seed of preservation

mixtures for which they intend to apply for authorisation together

with both the size and location of the intended collection site or

sites and the size and location of the intended multiplication site or

sites.

(3) If, upon notifications referred to in sub-regulation (1), the

quantities laid down in regulation 10 are likely to be exceeded, the

Directorate shall allocate to each producer concerned the quantity

allowed to be marketed in the respective production season.

(1) The Directorate shall ensure that seeds of preservation

mixtures shall be marketed only in closed packages or containers

bearing a sealing device.

(2) The 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 label of the

producer, 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.

(1) Packages or containers of seeds of preservation

mixtures shall bear a label of the producer 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 his identification mark;

(c) whether the harvesting method shall be directly

harvested or crop-grown;

(d) the year of the sealing expressed as: "sealed

..............." (year);

(e) the region of origin;

(f)

the source area;

(g) the collection site;

(h) the habitat type of the collection site;

(i)

the words "preservation fodder plant seed mixture,

intended for use in an area of the same habitat type as

the collection site, not considering the biotic

conditions";

(j)

the reference number of the lot given by the person

responsible for affixing the labels;

(k) the percentage by weight of the components as species

and, where relevant, sub-species;

(l)

the declared net or gross weight;

(m) where granulated pesticides, pelleting substances or

other solid additives are used, the nature of the

additive and also the approximate ratio between the

weight of clusters or pure seeds and the total weight

shall be indicated; and

(n) in the case of crop-grown preservation mixtures, a

specific germination rate for components of the

mixture in terms of the Seeds of Agricultural Plants

and Vegetables Regulations which do not comply with

the germination requirements set out in Table 1.14 in

Schedule III to the Seeds of Agricultural Plants and

Vegetables Regulations.

(2) In terms of sub-regulation (1)(k), it shall suffice to indicate

the components of directly harvested preservation mixtures as

provided for in regulation 6(3).

(3) In terms of sub-regulation (1)(n), it shall suffice to indicate

an average of these required specific germination rates in case the

number of required specific germination rates is more than five.

The Directorate shall ensure that official monitoring is

carried out in order to verify conformity to these regulations.

(1) The Directorate shall ensure that producers operating

in Malta report the amount of preservation mixtures marketed for

each production season.

(2) The Directorate shall, on request, report to the European

Commission and to other Member States the amount of

preservation mixtures marketed in Malta.

The Directorate shall notify the European Commission

about the plant genetic resources authorities or organisations

recognised by Malta for the purpose of these regulations.