MT
PLANT QUARANTINE (HARMFUL ORGANISMS) REGULATIONS
Table of Provisions (78)
Statutory Text (78 Articles)
PLANT QUARANTINE (HARMFUL ORGANISMS)
SUBSIDIARY LEGISLATION 433.03
PLANT QUARANTINE (HARMFUL ORGANISMS)
REGULATIONS
1st April, 2004
LEGAL NOTICE 97 of 2004, as amended by Legal Notices 477, 478, 480 of
2004, 42, 55, 307, 308, 361 of 2005, 245 of 2006, 359 of 2007, 270 of 2008,
33, 100 of 2009, 77, 119 of 2010, 19 of 2011, 99, 293, 426 of 2012, 162, 334 of
2014, 293 of 2015, 354 of 2017, 27 of 2018 and 232 of 2019.
The title of these regulations is the Plant Quarantine (Harmful
Organisms) Regulations.
Amended by
L.N. 477 of 2004;
PART A
L.N. 42 of 2005;
L.N. 307 of 2005;
HARMFUL ORGANISMS WHOSE
L.N. 245 of 2006;
INTRODUCTION INTO, AND SPREAD WITHIN,
L.N. 270 of 2008;
L.N. 100 of 2009;
MALTA SHALL BE BANNED
L.N. 162 of 2014;
L.N. 334 of 2014.
Substituted by
L.N. 27 of 2018;
L.N. 232 of 2019.
Section I
HARMFUL ORGANISMS NOT KNOWN TO OCCUR IN ANY PART OF
THE COMMUNITY AND RELEVANT FOR THE ENTIRE COMMUNITY
(a) Insects, mites and nematodes, at all stages of their development
1. Acleris spp. (non-European)
1.1. Agrilus anxius Gory
1.2. Agrilus planipennis Fairmaire
1.3. Anthonomus eugenii Cano
2. Amauromyza maculosa (Malloch)
3. Anomala orientalis Waterhouse
4. Anoplophora chinensis (Thomson)
4.1. Anoplophora glabripennis (Motschulsky)
4.2 Aromia bungii (Faldermann)
6. Arrhenodes minutus Drury
6.1 Bactericera cockerelli (Sulc.)
7. Bemisia tabaci Genn. (non-European populations) vector of viruses
such as
(a) Bean golden mosaic virus
(b) Cowpea mild mottle virus
(c) Lettuce infectious yellows virus
(d) Pepper mild tigré virus
(e) Squash leaf curl virus
(f) Euphorbia mosaic virus
(g) Florida tomato virus
8. Cicadellidae (non-European) known to be vector of Pierce’s disease
(caused by Xylella fastidiosa), such as
(a) Carneocephala fulgida Nottingham
(b) Draeculacephala minerva Ball
(c) Graphocephala atropunctata (Signoret)
9. Choristoneura spp. (non-European)
10. Conotrachelus nenuphar (Herbst)
10.0. Dendrolimus sibiricus Tschetverikov
10.1. Diabrotica barberi Smith and Lawrence
10.2. Diabrotica undecimpunctata howardi Barber
10.3. Diabrotica undecimpunctata undecimpunctata Mannerheim
10.4. Diabrotica virgifera zeae Krysan & Smith
10.5. Diaphorina citri Kuway
10.6 Grapholita packardi Zeller
11. Heliothis zea (Boddie)
11.1.Hirschmanniella spp., other than Hirschmanniella gracilis (de
Man) Luc and Goodey
11.2. Keiferia lycopersicella (Walsingham)
12. Liriomyza sativae Blanchard
13. Longidorus diadecturus Eveleigh and Allen
14. Monochamus spp. (non-European)
15. Myndus crudus Van Duzee
16. Nacobbus aberrans (Thorne) Thorne and Allen
16.1.Naupactus leucoloma Boheman
16.2 Neoleucinodes elegantalis (Guenée)
16.3.Oemona hirta (Fabricius)
17. Premnotrypes spp. (non-European)
18. Pseudopityophthorus minutissimus (Zimmermann)
19. Pseudopityophthorus pruinosus (Eichhoff)
19.1. Rhynchophorus palmarum (L.)
19.2. Saperda candida Fabricius
20. Scaphoideus luteolus (Van Duzee)
21. Spodoptera eridania (Cramer)
22. Spodoptera frugiperda (Smith)
23. Spodoptera litura (Fabricus)
24. Thrips palmi Karny
25. Tephritidae (non-European) such as
(a) Anastrepha fraterculus (Wiedemann)
(b) Anastrepha ludens (Loew)
(c) Anastrepha obliqua Macquart
(d) Anastrepha suspensa (Loew)
(e) Dacus ciliatus Loew
(f) Dacus curcurbitae Coquillet
(g) Dacus dorsalis Hendel
(h) Dacus tryoni (Froggatt)
(i) Dacus tsuneonis Miyake
(j) Dacus zonatus Saund.
(k) Epochra canadensis (Loew)
(l) Pardalaspis cyanescens Bezzi
(m) Pardalaspis quinaria Bezzi
(n) Pterandrus rosa (Karsch)
(o) Rhacochlaena japonica Ito
(p) Rhagoletis cingulata (Loew)
(q) Rhagoletis completa Cresson
(r) Rhagoletis fausta (Osten-Sacken)
(s) Rhagoletis indifferens Curran
(t) Rhagoletis mendax Curran
(u) Rhagoletis pomonella Walsh
(v) Rhagoletis ribicola Doane
(w) Rhagoletis suavis (Loew)
PLANT QUARANTINE (HARMFUL ORGANISMS)
25.1. Thaumatotibia leucotreta (Meyrick)
26. Xiphinema americanum Cobb sensu lato (non-European
populations)
27. Xiphinema californicum Lamberti and Bleve-Zacheo
(b) Bacteria
0.1. Candidatus Liberibacter spp., causal agent of Huanglongbing
disease of citrus/citrus greening
2. Xanthomonas citri pv. aurantifolii
2.1. Xanthomonas citri pv. citri
(c) Fungi
1. Ceratocystis fagacearum (Bretz) Hunt
2. Chrysomyxa arctostaphyli Dietel
3. Cronartium spp. (non-European)
3.1. Elsinoë australis Bitanc. & Jenk.
3.2. Elsinoë citricola X.L. Fan, R.W. Barreto & Crous
3.3. Elsinoë fawcettii Bitanc. & Jenk.
4. Endocronartium spp. (non-European)
5. Guignardia laricina (Saw.) Yamamoto and Ito
6. Gymnosporangium spp. (non-European)
7. Inonotus weirii (Murril) Kotlaba and Pouzar
8. Melampsora farlowii (Arthur) Davis
9. (deleted by L.N. 334 of 2014)
10. Mycosphaerella larici-leptolepis Ito et al.
11. Mycosphaerella populorum G. E. Thompson
12. Phoma andina Turkensteen
12.1. Phyllosticta citricarpa (McAlpine) Van der Aa
13. Phyllosticta solitaria Ellis & Everhart
14. Septoria lycopersici Speg. var. malagutii Ciccarone and Boerema
15. Thecaphora solani Barrus
15.1. Tilletia indica Mitra
16. Trechispora brinkmannii (Bresad.) Rogers
(d) Viruses and virus-like organisms
2. Potato viruses and virus-like organisms such as
(a) Andean potato latent virus
(b) Andean potato mottle virus
(c) Arracacha virus B, oca strain
(d) Potato black ringspot virus
(f) Potato virus T
(g) non-European isolates of potato viruses A, M, S, V, X and Y
(including Y o , Y n and Y c ) and Potato leafroll virus
3. Tobacco ringspot virus
4. Tomato ringspot virus
5. Viruses and virus-like organisms of Cydonia Mill., Fragaria L.,
Malus Mill., Prunus L., Pyrus L., Ribes L., Rubus L. and Vitis L.,
such as
(a) Blueberry leaf mottle virus
(b) Cherry rasp leaf virus (American)
PLANT QUARANTINE (HARMFUL ORGANISMS)
(c) Peach mosaic virus (American)
(d) Peach phony rickettsia
(e) Peach rosette mosaic virus
(f) Peach rosette mycoplasm
(g) Peach X-disease mycoplasm
(h) Peach yellows mycoplasm
(i) Plum line pattern virus (American)
(j) Raspberry leaf curl virus (American)
(k) Strawberry latent "C" virus
(l) Strawberry vein banding virus
(m) Strawberry witches’ broom mycoplasm
(n) Non-European viruses and virus-like organisms of Cydonia
Mill., Fragaria L., Malus Mill., Prunus L., Pyrus L., Ribes L.,
Rubus L. and Vitis L.
6. Viruses transmitted by Bemisia tabaci Genn., such as
(a) Bean golden mosaic virus
(b) Cowpea mild mottle virus
(c) Lettuce infectious yellows virus
(d) Pepper mild tigré virus
(e) Squash leaf curl virus
(f) Euphorbia mosaic virus
(g) Florida tomato virus
(e) Parasitic plants
1. Arceuthobium spp. (non-European)
Section II
HARMFUL ORGANISMS KNOWN TO OCCUR IN THE
COMMUNITY
AND RELEVANT FOR THE ENTIRE COMMUNITY
(a) Insects, mites and nematodes, at all stages of their development
0.01.Bursaphelenchus xylophilus (Steiner and Bührer) Nickle et al
1. Globodera pallida (Stone) Behrens
2. Globodera rostochiensis (Wollenweber) Behrens
3. (Deleted by Legal Notice 270 of 2008)
6.1. Meloidogyne chitwoodi Golden et al. (all populations)
6.2. Meloidogyne fallax Karssen
7. Opogona sacchari (Bojer)
7.1. Pityophthorus juglandis Blackman
8. Popillia japonica Newman
8.1. Rhizoecus hibisci Kawai and Takagi
9. Spodoptera littoralis (Boisduval)
10. Trioza erytreae Del Guercio
(b) Bacteria
1. Clavibacter michiganensis (Smith) Davis et al. ssp. sepedonicus
(Spieckermann and Kotthoff) Davis et al.
2. Ralstonia solanacearum (Smith) Yabuuchi et al
3. Xylella fastidiosa (Wells et al.)
(c) Fungi
1. Melampsora medusae Thümen
2. Synchytrium endobioticum (Schilbersky) Percival
(d) Viruses and virus-like organisms
0.1. Ceratocystis platani (J. M. Walter) Engelbr. & T. C. Harr
0.2. Fusarium circinatum Nirenberg & O'Donnell
0.3. Geosmithia morbida Kolarík, Freeland, Utley & Tisserat’;
1. Apple proliferation mycoplasm
2. Apricot chlorotic leafroll mycoplasm
2.1. Candidatus Phytoplasma ulmi
3. Pear decline mycoplasm
PART B
HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND
WHOSE SPREAD WITHIN, CERTAIN PROTECTED ZONES
SHALL BE BANNED
(a)
Insects, mites and nematodes, at all stages of their
development
Species
Protected zone(s)
1. Bemisia tabaci Genn. (European
IRL, P (Azores, Beira Interior, Beira
Litoral, Entre Douro e Minho and Trás-
populations)
os-Montes), UK, S, CY, IRL, UK
1.1 Daktulosphaira vitifoliae (Fitch)
1.2. Dryocosmus kuriphilus Yasumatsu
2. Globodera pallida (Stone) Behrens
FI, LV, P (Azores), SI, SK
2.1. Globodera rostochiensis
P (Azores)
(Wollenweber) Behrens
3. Leptinotarsa decemlineata Say
E (Ibiza and Menorca), IRL, CY, MT, P
(Azores and Madeira), UK, S (counties
of Blekinge, Gotland, Halland, Kalmar
and Skåne), FI (districts of Åland, Häme,
Kymi, Pirkanmaa, Satakunta, Turku and
Uusimaa)
4. Liriomyza bryoniae (Kaltenbach)
4.1. Liriomyza huidobrensis (Blanchard)
4.2. Liriomyza trifolii (Burgess)
IRL and UK (Northern Ireland)
5. Thaumetopoea processionea L.
IRL, UK (excluding the local authority
areas of Barking and Dagenham; Barnet;
Basildon; Basingstoke and Deane;
Bexley; Bracknell Forest; Brent;
Brentwood; Bromley; Broxbourne;
Camden; Castle Point; Chelmsford;
Chiltem; City of London; City of
Westminster;
Crawley;
Croydon;
Dacorum; Dartford; Ealing; East
Hertfordshire;
Elmbridge
District;
Enfield; Epping Forest; Epsom and
Ewell District; Gravesham; Greenwich;
Guildford; Hackney; Hammersmith &
Fulham; Haringey; Harlow; Harrow;
Hart; Havering; Hertsmere; Hillingdon;
Horsham;
Hounslow;
Islington;
Kensington & Chelsea; Kingston upon
Thames;
Lambeth;
Lewisham;
Littlesford; Medway; Merton; Mid
Sussex; Mole Valley; Newham; North
Hertfordshire; Reading; Redbridge;
Reigate and Banstead; Richmond upon
Thames;
Runnymede
District;
Rushmoor; Sevenoaks; Slough; South
Bedfordshire; South Bucks; South
Oxfordshire; Southwark; Spelthorne
District; St Albans; Sutton; Surrey
Heath; Tandridge; Three Rivers;
Thurrock; Tonbridge and Malling;
Tower Hamlets; Waltham Forest;
Wandsworth;
Watford;
Waverley;
Welwyn Hatfield; West Berkshire;
Windsor and Maidenhead; Woking,
Wokingham and Wycombe)
(b)
Viruses and virus-like organisms
Species
Protected zone(s)
1. Beet necrotic yellow vein virus
F (Brittany), FI, IRL, P (Azores), UK
(Northern Ireland)
(a) to make provision to safeguard against the introduction and
spread in Malta of harmful organisms; and
(b) to transpose the following Directives, Decisions and/or
their amendments
(i)
Council Directive 2000/29/EC on protective
measures against the introduction into the
community of organisms harmful to plants and
plant products and against their spread within the
community and to make provision to safeguard
against the introduction and spread in Malta of
harmful organisms;
(ii)
Commission Implementing Decision 2012/535/EU
of 26 September 2012 on emergency measures to
prevent the spread within the Union of
Bursaphelenchus xylophilus (Steiner et Buhrer)
Nickle et al. (the pine wood nematode);
(iii)
Commission Implementing Decision 2012/270/EU
of 16 May 2012 as regards emergency measures to
prevent the introduction into and the spread within
the Union of Epitrix cucumeris (Harris), Epitrix
similaris (Gentner), Epitrix subcrinita (Lec.) and
Epitrix tuberis (Gentner);
(iv)
Commission Implementing Decision 2012/138/EU
of 1 March 2012 as regards emergency measures to
prevent the introduction into and the spread within
the Union of Anoplophora chinensis (Forster);
(v)
Commission Decision 2002/757/EC of 12
September 2002 on provisional emergency
phytosanitary measures to prevent the introduction
into and spread within the Community of
Phytophthora ramorum Werres, De Cock & Man in
‘t Veld sp.nov.;
(vi)
Commission Decision 2007/433/ EC of 18 June
2007 on provisional emergency measures to
prevent the introduction into and the spread within
the Community of Gibberella circinata Nirenberg
PLANT QUARANTINE (HARMFUL ORGANISMS)
& O’Donnell;
(vii) Commission Implementing Decision (EU) 2016/715
of 11 May 2016 setting out measures in respect of
certain fruits originating in certain third countries to
prevent the introduction into and the spread within
the Union of the harmful organism Phyllosticta
citricarpa (McAlpine) Van der Aa;
(viii) Commission Implementing Decision (EU) 2015/893
of 9 June 2015 as regards measures to prevent the
introduction into and the spread within the Union of
Anoplophora glabripennis (Motschulsky); and
(ix)
Commission Implementing Decision 2011/787/EU
of 29 November 2011 authorising Member States
temporarily to take emergency measures against the
dissemination of Ralstonia solanacearum (Smith)
Yabuuchi et al. as regards Egypt.
(2) These regulations shall apply to any movement and
introduction of plant, plant products and other objects specified in these
regulations whether within or into Malta.
Amended by
L.N. 477 of 2004;
PART A
L.N. 478 of 2004;
L.N. 42 of 2005;
HARMFUL ORGANISMS WHOSE INTRODUCTION INTO,
L.N. 55 of 2005;
AND SPREAD WITHIN, MALTA SHALL BE BANNED IF
L.N. 307 of 2005;
THEY ARE PRESENT ON CERTAIN PLANTS OR PLANT
L.N. 245 of 2006;
PRODUCTS
L.N. 359 of 2007;
L.N. 270 of 2008;
L.N. 100 of 2009;
L.N. 77 of 2010;
L.N. 119 of 2010;
L.N. 334 of 2014;
L.N. 354 of 2017.
Substituted by
L.N. 27 of 2018;
L.N. 232 of 2019.
Section I
HARMFUL ORGANISMS NOT KNOWN TO OCCUR
IN THE COMMUNITY AND RELEVANT FOR THE
ENTIRE COMMUNITY
(a)Insects, mites and nematodes, at all stages of
their development
Species
Subject of contamination
1. Plants of Fuchsia L., intended for planting, other than
Aculops
fuchsiae Keifer
seeds
1.1 (Deleted by L.N. 334 of 2014)
2. Plants of Citrus L., Fortunella Swingle, Poncirus Raf.,
Aleurocanthus
spp.
and their hybrids, other than fruit and seeds
3. Plants of Fragaria L., intended for planting, other than
Anthonomus
seeds
bisignifer
(Schenkling)
4. Plants of Fragaria L., intended for planting, other than
Anthonomus
signatus (Say)
seeds
5. Aonidiella citrina
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,
Coquillet
and their hybrids. other than fruit and seeds
6. Seeds of Oryza spp.
Aphelenchoïdes
besseyi Christie
(*)
7. Plants of Juniperus L., other than fruit and seeds,
Aschistonyx
eppoi Inouye
originating in non-European countries
8. (Deleted by L.N. 334 of 2014)
9. Plants of Cydonia Mill., Malus Mill., Prunus L. and
Carposina
Pyrus L., other than seeds, originating in non-European
niponensis
Walsingham
countries
10. (Deleted by L.N. 334 of 2014)
12. Enarmonia
Plants of Crataegus L., Malus Mill., Photinia Ldl.,
Prunus L. and Rosa L., intended for planting, other
prunivora
Walsh
than seeds, and fruit of Malus Mill. and Prunus L.,
originating in non-European countries
13. Eotetranychus
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,
and their hybrids, other than fruit and seeds
lewisi
McGregor
15. Grapholita
Plants of Cydonia Mill., Malus Mill., Prunus L. and
Pyrus L., other than seeds, originating in non-European
inopinata
Heinrich
countries
16. Hishomonus
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,
and their hybrids, other than fruit and seeds
phycitis
17. Leucaspis
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,
japonica Ckll
and their hybrids, other than fruit and seeds
18. Listronotus
Seeds of Cruciferae, Gramineae and Trifolium spp.,
originating in Argentina, Australia, Bolivia, Chile,
bonariensis
(Kuschel)
New Zealand and Uruguay
19. Margarodes,
Plants of Vitis L., other than fruit and seeds
non-European
(a) Margarodes vitis (Phillipi)
species, such
(b) Margarodes vredendalensis de Klerk
as
(c) Margarodes prieskaensis Jakubski
20. Numonia
Plants of Pyrus L., other than seeds, originating in non-
European countries
pyrivorella
(Matsumura)
Plants of Juniperus L., other than fruit and seeds,
21. Oligonychus
originating in non-European countries
perditus
Pritchard and
Baker
22. Pissodes spp.
Plants of conifers (Coniferales), other than fruit and
(non-European)
seeds, wood of conifers (Coniferales) with bark, and
isolated bark of conifers (Coniferales), originating in
non-European countries
23. Radopholus
Plants of Citrus L., Fortunella Swingle, Poncirus Raf.,
and their hybrids, other than fruit and seeds, and Plants
citrophilus
Huettel Dickson
of Araceae, Marantaceae, Musaceae, Persea spp.,
and Kaplan
Strelitziaceae, rooted or with growing medium attached
or associated
24. (Deleted by Legal Notice 100 of 2009)
25. Scirtothrips
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,
aurantii Faure
and their hybrids, other than seeds
26. Scirtothrips
Plants of Citrus L., Forturnella Swingle, Poncirus
dorsalis Hood
Raf., and their hybrids, other than fruit and seeds
27. Scirtothrips
Plants of Citrus L., Fortunella Swingle, Poncirus Raf.,
citri (Moultex)
and their hybrids, other than seeds
28. Scolytidae spp.
Plants of conifers (Coniferales), over 3m in height,
(non-European)
other than fruit and seeds, wood of conifers
(Coniterales) with bark, and isolated bark of conifers
(Coniferales), originating in non-European countries
28.1.Scrobipalpopsis
Tubers of Solanum tuberosum L
solanivora
Povolny
In these regulations, unless the context otherwise requires
"the Act" means the Plant Quarantine Act;
"accompanying document" means any document which is normally
used for trade purposes;
"authorisation" means any authorisation granted under these
regulations and, for the purpose of Schedule VIII, it shall mean an
authorisation granted for the issue of the Plant Health Movement
Document (PHMD) for any consignment, importation or exportation of
plants, plant products or other phytosanitary objects
Provided that such definition may be amended as the
Directorate may from time to time determine;
"the Commission" means the Commission of the European
Community;
"the Community" means the European Community;
"consignment" means a quantity of goods covered by a single
document required either for customs formalities on entering Malta or
for other formalities for internal movement, and includes a single
phytosanitary certificate and a single alternative document or mark; a
consignment may comprise of one or more lots;
"Customs" means the Comptroller of Customs and includes any
officer or employee of his department having the authority to act on his
behalf;
"Directorate" means the Directorate or Department responsible for
Plant Health;
"export" means the export of goods to third countries;
PLANT QUARANTINE (HARMFUL ORGANISMS)
"harmful organism'' means any species, strain or biotype of plant,
animal or pathogenic agent injurious to plants or plant products;
"import" means the importation into Malta of goods from third
countries;
"importer" means any importer from a third country;
"local market" means the territory in which the possibility is
foreseen of marketing plants or plant products by small producers, and
which coincides with the market within Malta;
"lot" means a number of units of a single commodity, identifiable by
its homogeneity of composition and origin, and forming part of a
consignment;
" M e m b e r St a t e " m e a n s a m e m b e r St a t e o f t h e E u r o p e a n
Community;
"movement" means the movement of plants, plant products and
other objects to which these regulations apply, from one place to
another within Malta or within the European Community;
"plant intended for planting" means any plant which is not already
planted, which is planted or which can be replanted;
"plant passport" means an official label and where appropriate, an
accompanying document containing the relevant information, which
gives evidence that the provisions of these regulations are being
complied within all respects;
"protected zone" means a zone in which one or more harmful
organisms are not endemic or established despite favourable
conditions for them to establish themselves there, and in which there is
a danger that certain harmful organisms will establish, given
propitious ecological conditions, for particular crops. For the purposes
of this definition, a harmful organism shall be considered to be
established in an area if it is known to occur there and if either no
official measures have been taken there with a view to its eradication
or such measures have proved, for a period of at least two successive
years, to be ineffective;
"point of entry" means the place where plants, plant products or
other objects are brought for the first time into the customs territory of
the community: for Malta it corresponds to the Malta International
Airport in the case of air transport and the Malta Freeport, Port of
Marsaxlokk, Kalafrana in the case of maritime transport;
"small quantities" means plants, plant products and other objects
that are intended for use by the owner or recipient for non-industrial
and non-commercial purposes or for consumption during transport,
provided that there is no risk of harmful organisms spreading;
"transit" means the movement of goods which are subject to
customs supervision from one point to another within the customs
territory of the Community as referred to in Council Regulation (EEC)
No. 2913/92 of 12 October 1992 establishing the Community Customs
Code and as amended from time to time;
"third country'' means any country or territory other than one within
the European Community;
PLANT QUARANTINE (HARMFUL ORGANISMS)
"wood" means, save where it is expressly provided otherwise in these
regulations, wood that retains all or part of its natural round surface,
with or without bark, or as it is in the form of chips, particles, sawdust,
wood waste or scrap. Save for the purpose of the provisions relating to
Schedule V, wood, whether satisfying the conditions referred to in the
first sub-paragraph or not, is also concerned where it is in the form of
dunnage, spacers, pallets or packing material which are actually in use
in the transport of objects of all kinds, provided that it presents a plant
health risk.
PROHIBITIONS AND RESTRICTIONS
Amended by
L.N. 477 of 2004;
PART A
L.N. 478 of 2004;
L.N. 42 of 2005;
PLANTS, PLANT PRODUCTS AND OTHER
L.N. 55 of 2005;
OBJECTS THE INTRODUCTION OF WHICH
L.N. 307 of 2005;
L.N. 245 of 2006;
SHALL BE PROHIBITED IN MALTA
L.N. 270 of 2008;
L.N. 77 of 2010;
L.N. 119 of 2010;
L.N. 334 of 2014.
Substituted by
L.N. 27 of 2018;
L.N. 232 of 2019.
Description
Country of origin
1. Plants of Abies Mill., Cedrus
Non-European countries
Trew, Chamaecyparis Spach,
Juniperus L., Larix Mill.,
Picea A Dietr., Pinus L.,
Pseudotsuga Carr. and Tsuga
Carr., other than fruit and
seeds
2. Plants of Castanea Mill., and
Non-European countries
Quercus L., with leaves, other
than fruit and seeds
3. Plants of Populus L., with
North American countries
leaves, other than fruit and
seeds
4. (Deleted by L.N. 55 of 2005)
5. Isolated bark of Castanea
Third countries
Mill.
6. Isolated bark of Quercus L.,
North American countries
other than Quercus suber L.
7. Isolated
bark
of
North American countries
Acer
saccharum Marsh.
8. Isolated bark of Populus L.
Countries of the American continent
9. Plants of Chaenomeles Ldl.,
Non-European countries
Cydonia Mill., Crateagus L.,
Malus Mill., Prunus L., Pyrus
L., and Rosa L., intended for
planting, other than dormant
plants free from leaves,
flowers and fruit
9.1.
Plants of Photinia Ldl.,
USA, China, Japan, the Republic of Korea
intended for planting, other
and Democratic People’s Republic of
than dormant plants free from
Korea
leaves, flowers and fruit
10. Tubers of Solanum tuberosum
Third countries other than Switzerland
L., seed potatoes
11. Plants of stolon- or tuber-
Third countries
forming species of Solanum
L., or their hybrids, intended
for planting, other than those
tubers of Solanum tuberosum
L.
as
specified
under
Schedule III A (10)
12. Tubers of species of Solanum
Without prejudice to the special
L., and their hybrids, other
requirements applicable to the potato
than those specified in points
tubers listed in Schedule IV, Part A Section
10 and 11
I, third countries other than Algeria, Egypt,
Israel, Libya, Morocco, Syria, Switzerland,
Tunisia and Turkey, and other than
European third countries which are either
recognised as being free from Clavibacter
ssp.
michiganensis
sepedonicus
(Spieckermann and Kotthoff) Davis et al.,
in accordance with the procedure laid down
in Article 18(2) in EU Directive 2000/29,
or in which provisions recognised as
equivalent to the Community provisions on
combating Clavibacter michiganensis ssp.
sepedonicus (Spicekcrmann and Kotthoff)
Davis et al. in accordance with the
procedure laid down in Article 18(2) in
Directive 2000/29/EC have been complied
with
13. Plants of Solanaceae intended
Third countries, other than European and
for planting, other than seeds
Mediterranean countries
and those items covered by
Schedule IIIA (10), (11) or
(12)
14.
14. Soil as such, consisting in
Third countries except Switzerland
part
of
solid
organic
substances
and
growing
medium as such, which
consists in whole or in part of
solid organic substances,
other than that composed
entirely of peat or fibre of
Cocos nucifera L., previously
not used for growing of plants
or for any agricultural
purposes
15. Plants of Vitis L., other than
Third countries, other than Switzerland
fruits
16. Plants of Citrus L., Fortunella
Third countries
Swingle, Poncirus Raf., and
their hybrids, other than fruit
and seeds
17. Plants of Phoenix spp. other
Algeria, Morocco
than fruit and seeds
18. Plants of Cydonia Mill.,
Without prejudice to the prohibitions
Malus Mill., Prunus L. and
applicable to the plants listed in Schedule
Pyrus L. and their hybrids,
III A (9), where appropriate, non-European
and Fragaria L., intended for
countries, other than Mediterranean
planting, other than seeds
countries, Australia, New Zealand, Canada,
the continental states of the USA
19. Plants
of
the
family
Third countries, other than European and
Graminacae, other than plants
Mediterranean countries
of
ornamental
perennial
grasses of the subfamilies
and
Bambusoideae
Panicoideae and of the genera
Buchloe, Bouteloua Lag.,
Calamagrostis,
Cortaderia
Stapf , Glyceria R. Br.,
Hakonechloa Mak. ex Honda,
Hystrix, Molinia, Phalaris L.,
Shibataea, Spartina Schreb,
Stipa L. and Uniola L.,
intended for planting, other
than seeds
PLANT QUARANTINE (HARMFUL ORGANISMS)
PART B
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS
THE INTORDUCTION OF WHICH SHALL BE
PROHIBITED IN CERTAIN PROTECTED ZONES
Description
Protected zone(s)
1. Without prejudice E (except the autonomous communities of Andalucia, Aragón,
to
the
prohibitions Castilla la Mancha, Castilla y León, Extremadura, the
applicable to the plants autonomous community of Madrid, Murcia, Navarra and La
listed in Schedule III A Rioja, the province of Guipuzcoa (Basque Country), the
(9), (9.1), (18), where Comarcas of Garrigues, Noguera, Pla d'Urgell, Segrià and
appropriate, plants and Urgell in the province of Lleida (Communidad autonoma de
live pollen for pollination Catalunya), the Comarcas de L'Alt Vinalopó and El Vinalopó
of: Amelanchier Med., Mitjà in the province of Alicante and the municipalities of
Lindl., Alborache and Turís in the province of Valencia (Comunidad
Chaenomeles
Crataegus L.. Cydonia Valenciana)), EE, F (Corsica), IRL (except Galway city), I
Mill., Eriobotrya Lindl., (Abruzzo, Apulia, Basilicata, Calabria, Campania, Lazio,
Malus Mill., Mespilus L., Liguria, Lombardy (except the provinces of Mantua, Milano,
Pyracantha Roem., Pyrus Sondrio and Varese, and the communes of Bovisio Masciago,
L. and Sorbus L., other Cesano Maderno, Desio, Limbiate, Nova Milanese and
than fruit and seeds, Varedo in Monza Brianza Province), Marche, Molise,
originating
in
third Piedmont (except the communes of Busca, Centallo,
countries other than Scarnafigi, Tarantasca and Villafalletto in the province of
Switzerland and other Cuneo), Sardinia, Sicily (excluding the municipalities of
than those recognised as Cesarò (Messina Province), Maniace, Bronte, Adrano
being free from Erwinia (Catania Province) and Centuripe, Regalbuto and Troina
amylovora (Burr.) Winsl. (Enna Province)), Tuscany, Umbria, Valle d'Aosta, Veneto
et al. in accordance with (except the provinces of Rovigo and Venice, the communes
the procedure laid down of Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza
in Article 18(2) of d'Adige, S. Urbano and, Vescovana in the province of Padova
Directive 2000/29/EC, or and the area situated to the south of highway A4 in the
in which pest-free areas province of Verona)), LV, LT (except the municipalities of
have been established in Babtai and Kėdainiai (region of Kaunas)), P, SI (except the
relation
to
Erwinia regions Gorenjska, Koroška, Maribor and Notranjska, the
amylovora (Burr.) Winsl. communes of Lendava, Renče-Vogrsko (south from the
et al. in accordance with highway H4) and Velika Polana, and the settlements Fużina,
the relevant International Gabrovčec, Glogovica, Gorenja vas, Gradiček, Grintovec,
Standard
for Ivančna Gorica, Krka, Krška vas, Male Lese, Malo Črnelo,
Phytosanitary Measures Malo Globoko, Marinča vas, Mleščevo, Mrzlo Polje,
and recognised as such in Muljava, Podbukovje, Potok pri Muljavi, Šentvid pri Stični,
accordance with the Škrjanče, Trebnja Gorica, Velike Lese, Veliko Črnelo,
procedure laid down in Veliko Globoko, Vir pri Stični, Vrhpolje pri Šentvidu,
Article 18(2) of Directive Zagradec and Znojile pri Krki in the commune Ivančna
2000/29/EC
Gorica), SK (except the county of Dunajská Streda,
Hronovce and Hronské Kľačany (Levice County), Dvory nad
Žitavou (Nové Zámky County), Málinec (Poltár County),
Hrhov (Rožňava County), Veľké Ripňany (Topoľčany
County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín
(Trebišov County)), FI, UK (Isle of Man and Channel
Islands)
PLANT QUARANTINE (HARMFUL ORGANISMS)
2. Without prejudice E (except the autonomous communities of Andalucia, Aragón,
to
the
prohibitions Castilla la Mancha, Castilla y León, Extremadura, the
applicable to the plants autonomous community of Madrid, Murcia, Navarra and La
listed in Schedule III A Rioja, the province of Guipuzcoa (Basque Country), the
(9), (9.1), (18), where Comarcas of Garrigues, Noguera, Pla d'Urgell, Segrià and
appropriate, plants and Urgell in the province of Lleida (Communidad autonoma de
live
pollen
for Catalunya), the Comarcas de L'Alt Vinalopó and El Vinalopó
pollination
of: Mitjà in the province of Alicante and the municipalities of
Cotoneaster Ehrh. and Alborache and Turís in the province of Valencia (Comunidad
davidiana Valenciana)), EE, F (Corsica), IRL (except Galway city), I
Photinia
(Dcne.) Cardot, other (Abruzzo, Apulia, Basilicata, Calabria, Campania, Lazio,
than fruit and seeds, Liguria, Lombardy (except the provinces of Mantua, Milano,
originating in third Sondrio and Varese, and the communes of Bovisio Masciago,
countries other than Cesano Maderno, Desio, Limbiate, Nova Milanese and
those recognised as Varedo in Monza Brianza Province), Marche, Molise,
being free from Erwinia Piedmont (except the communes of Busca, Centallo,
(Burr.) Scarnafigi, Tarantasca and Villafalletto in the province of
amylovora
Winsl.
in Cuneo), Sardinia, Sicily (excluding the municipalities of
et
al.
accordance with the Cesarò (Messina Province), Maniace, Bronte, Adrano
procedure laid down in (Catania Province) and Centuripe, Regalbuto and Troina
Article 18(2), or in (Enna Province)), Tuscany, Umbria, Valle d'Aosta, Veneto
which pest-free areas (except the provinces of Rovigo and Venice, the communes
have been established in of Barbona, Boara Pisani, Castelbaldo, Masi, Piacenza
relation to Erwinia d'Adige, S. Urbano and, Vescovana in the province of Padova
(Burr.) and the area situated to the south of highway A4 in the
amylovora
Winsl.
in province of Verona)), LV, LT (except the municipalities of
et
al.
accordance with the Babtai and Kėdainiai (region of Kaunas)), P, SI (except the
relevant
International regions Gorenjska, Koroška, Maribor and Notranjska, the
Standard
for communes of Lendava, Renče-Vogrsko (south from the
Phytosanitary Measures highway H4) and Velika Polana, and the settlements Fużina,
and recognised as such Gabrovčec, Glogovica, Gorenja vas, Gradiček, Grintovec,
in accordance with the Ivančna Gorica, Krka, Krška vas, Male Lese, Malo Črnelo,
procedure laid down in Malo Globoko, Marinča vas, Mleščevo, Mrzlo Polje,
Article
18(2)
of Muljava, Podbukovje, Potok pri Muljavi, Šentvid pri Stični,
Directive 2000/29/EC
Škrjanče, Trebnja Gorica, Velike Lese, Veliko Črnelo,
Veliko Globoko, Vir pri Stični, Vrhpolje pri Šentvidu,
Zagradec and Znojile pri Krki in the commune Ivančna
Gorica), SK (except the county of Dunajská Streda,
Hronovce and Hronské Kľačany (Levice County), Dvory nad
Žitavou (Nové Zámky County), Málinec (Poltár County),
Hrhov (Rožňava County), Veľké Ripňany (Topoľčany
County), Kazimír, Luhyňa, Malý Horeš, Svätuše and Zatín
(Trebišov County)), FI, UK (Isle of Man and Channel
Islands)
(a) No person shall introduce into Malta or move within Malta
the harmful organisms or plants, plant products or other
objects contaminated with the harmful organisms listed in
Part A of Schedule I.
(b) No person shall introduce from a third country into Malta
or move within Malta the plants and plant products listed
in Part A of Schedule II, where these are contaminated by
harmful organisms listed in relation thereto in the said
Part.
(c) No person shall introduce into Malta the plants or plant
products listed in Part A of Schedule III, where these
originate from the country referred relative thereto in the
said Part.
(d) No person shall introduce into Malta or move within Malta
the plants, plant products and other objects listed in Part A
of Schedule IV, unless they satisfy the requirements
specified in relation thereto in the said Part
Provided that this provision shall not apply to the movement of
small quantities of plants, plant products and other objects, other then
potatoes which -
(i)
do not show any sign of any plant infection or
infestation and there is no evident risk of harmful
organism spreading, and
(ii)
are intended for use by the owner or recipient for
non-industrial and non-commercial purposes or for
consumption during transport, and
(iii) constitute of –
- fruit and raw vegetables which do not exceed an
aggregate weight of 0.5 kilograms; or
- one bouquet of cut flowers; or
- one original retail packet of seeds, that is a packet
of a size normally used to sell seeds in question to
consumers for non-commercial use; or
- bulbs, corms, tubers or rhizomes which do not
exceed an aggregate weight of 0.5 kilogram.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(1) For the purpose of this regulation, and unless the context Responsibility for
otherwise requires
"lawful person" means any official laboratory, university, research
institute, private laboratory, professional person and any other person
or body lawfully authorised by the Director to act on his behalf;
"public functions" means activities and tasks covered by the Public
Administration Act.
(2) In these regulations, any reference made to the Director shall
be construed as a reference to the Director responsible for Plant
Health, and the Directorate shall be construed accordingly and shall
include its Director, or any person lawfully empowered or engaged by
the Director to act on his behalf.
(3) The Director may delegate any task provided for in these
regulations to be accomplished under his authority and supervision to
a person lawfully appointed or empowered by him to act on his behalf,
provided that such person, or any other member appointed by him has
no personal or conflict of interest in the outcome of any measure to be
taken.
(4) The Director shall ensure that such person is under his
officially approved authority and is exclusively charged with specific
public functions, with the exception of laboratory testing which such
person may perform even where the laboratory testing does not form
part of his specific public functions.
(5) Notwithstanding sub-regulation (4), the Director may delegate
any laboratory testing provided for in these regulations to any person
lawfully authorised or engaged by him who does not comply with the
provisions of sub-regulation (4).
(6) The person lawfully delegated by the Director to carry out
laboratory testing shall be in conformity to the criteria established in
Schedule XXIII
Provided that these criteria may be amended from time to
time, as published by the Directorate.
(1) The Director is hereby authorized to provide for
derogations from Article 4(1) of Directive 2000/29/EC with regard to
the prohibitions referred to in Part A, point 1 of Annex III to that
Directive for plants of Chamaecyparis Spach, Juniperus L. and Pinus
887. L., other than fruits and seeds, originating in Japan. In order to qualify
for those derogations the plants shall satisfy, in addition to or by
derogation of the requirements laid down in Annex I, Annex II and in
Part A, Section I, point 43 of Annex IV to Directive 2000/29/EC, the
conditions set out in Schedule XIV relating to Commission Decision
2002/887 of 8 November 2002.
(2) The Director shall provide the Commission and the other
Member States with information on quantities imported prior to that
date pursuant to the said Decision and with a detailed technical report
of the examination and, or, tests carried out on these plants during the
quarantine period referred to in point 10 of the said Schedule. Any
Member State, other than that of importation, in which the plants are
introduced, shall also provide the Commission and the other Member
States with a detailed technical report of the examination and/or tests
PLANT QUARANTINE (HARMFUL ORGANISMS)
carried out on these plants introduced prior to that date during the
quarantine period referred to in point 10 of the said Schedule.
(3) The Director shall notify the Commission and the other Member
States of all cases of consignments introduced into Malta pursuant to the
Commission Decision which were subsequently found not to comply
with the conditions laid down herein.
(4) The territory of Malta may apply the derogations mentioned in
sub-regulation (1) to plants imported into the Community in the
following periods as follows
(a) Pinus, from 1 January 2011 to 31 December 2020;
(b) Chamaecyparis, from 1 January 2011 to 31 December
2020;
(c) Juniperus, from 1 November to 31 March of each year
until 31 December 2020.
(1) The Director is hereby authorised to provide for
derogations from Article 4(1) of Directive 2000/29/EC, with regard to
the prohibitions referred to in Part A, point 1 of Annex III to that
Directive for plants of Chamaecyparis Spach, Juniperus L. and Pinus
L., other than fruits and seeds, originating in the Republic of Korea. In
order to qualify for these derogations, plants of Chamaecyparis Spach,
Juniperus L. and Pinus L., other than fruits and seeds, shall satisfy, in
addition to the requirements laid down in Annex I, Annex II and in part
A, Section I, point 43 of Annex IV to Directive 2000/29/EC, the
conditions set out in Schedule XV.
(2) The Director shall notify the Commission and the other Member
States of all cases of consignments introduced into Malta pursuant to the
said Decision which were subsequently found not to comply with the
conditions laid down herein.
(3) The Director may apply the derogations mentioned in sub-
regulation (1) to Pinus and Chamaecyparis plants imported into the
Community in the period from 1 January 2011 to 31 December 2020,
and to Juniperus plants imported into the Community in the period from
1 November to 31 March of each year until 31 December 2020.
Deleted by Legal Notice 354 of 2017.
(1) The entry into Malta of tubers of Solanum tuberosum L.
which originate in Egypt shall be permitted if they have been grown in
areas included in the list of pest-free areas for Egypt and if the
requirements laid down in Schedule XVI are complied with.
(2) The Commission shall establish whether ‘pest-free areas’ have
been approved in Egypt for the import season 2003/04 in accordance
with the ‘FAO International Standard for Phytosanitary Measures Part
4: Pest Surveillance - Requirements for the Establishment of Pest-Free
PLANT QUARANTINE (HARMFUL ORGANISMS)
Areas’, in particular point 2.3 thereof, and shall compile a ‘list of
approved pest-free areas’, including identification details of the fields
located in the above ‘approved pest-free areas’. The Commission shall
convey this list to the Committee and to the Director.
(3) The provisions of sub-regulation (2) shall no longer apply as
soon as the Commission has notified to the Member States that the
sixth interception of Pseudomonas solanacearum (Smith) Smith has
been confirmed in accordance with points 2 or 3 of the said Schedule,
in lots of potatoes introduced into the Community pursuant to this
Decision during the 2003/04 import season, and that it has been found
that interceptions indicate that the method for the identification of
‘pest-free areas’ in Egypt or the procedures for official monitoring in
Egypt have not been sufficient to prevent the risk of introduction of
Pseudomonas solanacearum (Smith) Smith into the Community.
(4) The Director shall provide the Commission and the other
Member States, with information on the amounts imported pursuant to
this Decision and with a detailed technical report on the official
examination referred to in point 2 of the said Schedule; copies of each
plant health certificate shall be transmitted to the Commission. In
cases of notification of a suspect or confirmed finding as referred to in
point 4 of the said Schedule, copies of the plant health certificates and
their attached documents shall be transmitted with the said
notification.
(5) The Director shall adjust the measures which they have
adopted with a view to protecting themselves against the introduction
and spread of Pseudomonas solanacearum (Smith) Smith in such a
manner that the measures comply with sub-regulations (1), (2) and (3).
(1)(a)For the purposes of this regulation "susceptible wood"
means wood packing comprised in whole or in part of
non-manufactured wood of conifers (Coniferales), except
that of Thuja L., originating in Canada, China, Japan and
the United States of America in the form of packing
cases, boxes, crates, drums and similar packings, pallets,
box pallets and other load boards, pallet collars, whether
or not actually in use in the transport of objects of all
kinds.
(b) Susceptible wood may only be introduced into the
territory of the Community if it complies with the
emergency measures laid down in Schedule XVIII.
(c) The provisions specified in points 1, 2 and in point 3
second indent of the Schedule XVII shall apply only to
susceptible wood destined for the Community and
originating in the above countries on or after 1 October
2001. The provisions specified in point 3 first indent of
Schedule XVIII shall apply from the date of notification
of the provisions of sub-regulation (4).
(2) The measures laid down in Part A, Section I, point 1.3 of
Annex IV to Directive 2000/29/EC shall not apply to susceptible wood
which has been treated in accordance with the requirements of
Schedule XVIII.
(3)
When, on the basis of the monitoring provided for in point 3 of
PLANT QUARANTINE (HARMFUL ORGANISMS)
Schedule XVIII, it appears that the provisions referred to in Schedule
XV have not been complied with in relation to susceptible wood, Malta
shall ensure that the susceptible wood is either
(a) treated in an officially approved manner that eliminates
Bursaphelenchus xylophilus (Steiner et Buhrer) Nickle et
al.,
(b) refused entry into the Community,
(c) destroyed by either
(i)
incineration,
(ii)
deep burial in sites approved by responsible official
bodies referred to in Directive 2000/29/EC, or
(iii)
processing in an officially approved manner that
eliminates Bursaphelenchus xylophilus (Steiner et
Buhrer) Nickle et al.
All such measures shall be carried out under the official
supervision of the Director.
(4) Without prejudice to the provisions of Commission Directive
94/3/EC, if Malta imports susceptible wood, the Director shall provide
the Commission and the other Member States, with a detailed technical
report on the results of the monitoring it has undertaken pursuant to
point 3 of the said Schedule.
(5) Member States shall adjust the measures which they have
adopted with a view to protecting themselves against the introduction
and the spread of Bursaphelencus xylophilus (Steiner et Buhrer) Nickle
et al. in such a manner that the measures comply with sub-regulations
(1), (2) and (3), and shall forthwith inform the Commission of the
adjusted measures.
(1) In this regulation
(a) "the pine wood nematode (PWN)" means Bursaphelenchus
xylophilus (Steiner et Buhrer) Nickle et al.,
(b) "susceptible wood and bark" means wood and isolated
bark of conifers (Coniferales), except that of Thuja L.;
(c) "susceptible plants" means plants (other than fruit and
seeds) of Abies Mill., Cedrus Trew, Larix Mill., Picea A.
Dietr., Pinus L., Pseudotsuga Carr. and Tsuga Carr.
(2)
The Director may -
(a) subject consignments of susceptible wood, and bark and of
susceptible plants coming from demarcated areas in
Portugal and moved into Malta to testing for the presence
of PWN;
(b) take further appropriate steps to carry out official
monitoring in respect of such consignments, to ascertain
whether they comply with the relevant conditions specified
in Schedule XIX.
(3)
Malta shall conduct official annual surveys for PWN, on
PLANT QUARANTINE (HARMFUL ORGANISMS)
susceptible wood and bark and susceptible plants originating in their
country, to determine whether there is any evidence of infestation by
PWN. Without prejudice to the provisions of Article 16(1) of Directive
2000/29/EC where the results of the surveys provided for in the first
paragraph indicate the occurrence of the PWN in areas where it was
previously unknown, the results of such surveys shall be notified to the
other Member States and the Commission by 15 November 2003 and
15 November 2004 respectively.
(4) The Commission shall compile a list of areas in which PWN is
known not to occur and convey such a list to the Standing Committee
on Plant Health and to the Member States. Any areas in Portugal not
comprised in the above compiled list, shall be deemed to be
demarcated areas. The list of the areas referred to in the first sentence
of the second paragraph shall be adjusted by the Commission
according to the results of the survey referred to in the second
paragraph of Article 4 and to the findings notified under Article 16(1)
of Directive 2000/29/EC.
(1)For the purposes of this regulation, the following
definitions shall apply
"the harmful organism" means Phytophthora ramorum Werres, De
Cock & Man in ‘t Veld sp. Nov.; "susceptible bark" means isolated
bark of Acer macrophyllum Pursh, Aesculus californica (Spach) Nutt.,
Lithocarpus densiflorus (Hook. & Arn.) Rehd., Quercus spp. L. and
Taxus brevifolia Nutt.";
"susceptible plants" means plants, other than fruit and seeds, of Acer
macrophyllum Pursh, Acer pseudoplatanus L., Adiantum aleuticum
(Rupr.) Paris, Adiantum jordanii C. Muell., Aesculus californica
(Spach) Nutt., Aesculus hippocastanum L., Arbutus menziesii Pursch.,
Arbutus unedo L., Arctostaphylos spp. Adans, Calluna vulgaris (l.)
Hull, Camellia spp. L., Castanea sativa Mill., Fagus sylvatica L.,
Frangula californica (Eschsch.) Gray, Frangula purshiana (DC.)
Cooper, Fraxinus excelsior L., Griselinia littoralis (Raoul),
Hamamelis virginiana L., Heteromeles arbutifolia (Lindley) M.
Roemer, Kalmia latifolia L., Laurus nobilis L., Leucothoe spp. D.
Don, Lithocarpus densiflorus (Hook. & Arn.) Rehd., Lonicera
hispidula (Lindl.) Dougl. Ex Torr.&Gray, Magnolia spp. L., Michelia
doltsopa Buch.-Ham. ex DC, Nothofagus obliqua (Mirbel) Blume,
Osmanthus heterphyllus (G. Don) P. S. Green, Parrotia persica (DC)
C.A. Meyer, Photinia x fraseri Dress, Pieris spp. D. Don, Pseudotsuga
menziesii (Mirbel) Franco, Quercus spp. L., Rhododendron spp. L.,
other than Rhododendron simsii Planch., Rosa gymnocarpa Nutt.,
Salix caprea L., Sequoia sempervirens (Lamb. Ex D.Don) Endl.,
Syringa vulgaris L., Taxus spp. L., Trientalis latifolia (Hook),
Umbellularia californica (Hook. & Arn.) Nutt., Vaccinium ovatum
Pursch and Viburnum spp. L.;
"susceptible wood" means wood of Acer macrophyllum Pursh,
Aesculus californica (Spach) Nutt., Lithocarpus densiflorus (Hook. &
Arn.) Rehd., Quercus spp. L. and Taxus brevifolia Nutt.
(2) The introduction into the Community and spread within the
Community of non-European isolates of the harmful organism shall be
banned.
(3) (a) (i) susceptible plants and susceptible wood may only be
PLANT QUARANTINE (HARMFUL ORGANISMS)
introduced into Malta if they comply with the emergency
phytosanitary measures laid down in items 1(a) and 2 of
Annex I of Commission Implementing Decision 2002/
757/EC as amended, if the formalities referred to in
Regulation 19 are completed and if, as a result of those
formalities in respect of the presence of non-European
isolates of the harmful organism, susceptible plants and
susceptible wood are found free from the harmful
organism;
(ii) by way of derogation from sub-paragraph (3)(a)(i), until
31 December 2026 bark-free sawn wood of Quercus spp.
L. originating in the United States of America may be
introduced into the Union without complying with item 2
of Annex I of Commission Implementing Decision 2002/
757/EC as amended, provided that it complies with the
conditions set out in Annex II of the same mentioned
Decision;
(b) the provisions specified in items 1(a) and 2 of Annex I of
Commission Implementing Decision 2002/757/ EC as
amended, shall apply only to susceptible plants and
susceptible wood originating in the United States of
America destined for the Community and leaving on or
after 1 November 2002;
(c) the measures laid down in Part A, Section I (3) of Schedule
IV as regards wood of Quercus L., including wood which
has not kept its natural round surface, originating in the
United States of America, shall not apply to susceptible
wood of Quercus L. which satisfies the requirements of
item 2(b) of Annex I of Commission Implementing
Decision 2002/757/EC as amended;
(d) as of 1 November 2002 plants intended for planting of
Viburnum spp., Camellia spp. and Rhododendron spp.,
other than Rhododendron simsii Planch, other than seeds,
originating in third countries, other than the United States
of America, introduced into the Community may only be
moved in the Community if they are accompanied by a
plant passport prepared and issued in accordance with to
Regulation 10.
(4) Susceptible bark originating in the United States of America
shall not be permitted entry in the Community.
(5) (a)
plants intended for planting of Viburnum spp., Camellia
spp. and Rhododendron spp., other than Rhododendron
simsii Planch, other than seeds, originating in the
Community may not be moved within the Community
unless they meet the conditions laid down in item 3 of
Schedule XXVIII. The producers of these plants shall be
registered in accordance with the provisions laid down in
regulation 6.
(b)
registered producers shall notify the Directorate of every
suspected occurrence or confirmed presence of the
PLANT QUARANTINE (HARMFUL ORGANISMS)
harmful organism on the place of production.
(6) The Director may take appropriate measures to carry out
official monitoring of movements of susceptible plants to ascertain
whether they comply with the conditions set out in this regulation and
Commission Implementing Decision 2002/757/ EC as amended.
(1) The introduction into and movement within Malta of
seeds of tomato, Lycopersicon lycopersicum (L.) Karsten ex Farw.,
contaminated by Pepino mosaic virus shall be prohibited.
(2) Seeds of tomato originating in third countries may only be
imported into Malta if they meet the conditions laid down in point 1 of
Schedule XX. They shall be inspected, and tested when appropriate,
on entry into the Community for the presence of Pepino mosaic virus,
in accordance with Article 13(1)(i) of Directive 2000/29/EC, mutatis
mutandis.
(3) (a) Seeds of tomato, originating in the Community, may only be
moved within the Community if they meet the
conditions laid down in point 2 of the Schedule.
(b) Paragraph (a) shall not apply to movement of seeds
intended for sale to final consumers not involved in
professional plant production, provided that the
packaging of the seeds or other indications clearly show
that they are intended for sale to such consumer.
(4) The Director shall conduct official surveys on premises
involved in the production of tomato plants and tomato fruits, for the
presence of Pepino mosaic virus. Without prejudice to respectively
Article 16(2) and 13c(8) of Directive 2000/29/EC, the results of the
surveys provided for in the first paragraph and the results of the
inspections and tests provided for in sub-regulation (2) shall be
notified to the Commission.
(1) This regulation lays down measures in respect of certain
fruits originating in Argentina, Brazil, South Africa and Uruguay to
prevent the introduction into and the spread within Malta of
Phyllosticta citricarpa.
(2)
For the purposes of this regulation, the following
definitions shall apply;
(a) "Phyllosticta citricarpa" means Phyllosticta citricarpa
(McAlpine) Van der Aa, also named Guignardia
citricarpa Kiely under Directive 2000/29/EC; and
(b) "specified fruits" means fruits of Citrus L., Fortunella
Swingle, Poncirus Raf., and their hybrids, other than
fruits of Citrus aurantium L. and Citrus latifolia
Tanaka.
(3)
By way of derogation from point 16.4(c) and (d) of
Section I of Part A of Schedule IV specified fruits originating in
Argentina, Brazil, South Africa or Uruguay, other than fruits destined
exclusively for industrial processing into juice, shall be introduced
into Malta in accordance with sub-regulations (4) to (8).
PLANT QUARANTINE (HARMFUL ORGANISMS)
This sub-regulation shall apply without prejudice to the
requirements laid down in points 16.1, 16.2, 16.3, 16.5 and 16.6 of
Section I of Part A of Schedule IV.
(4)
Specified fruits originating in Brazil shall only be
introduced into Malta if they are accompanied by a phytosanitary
certificate, as referred to in regulation 15(b)(ii), officially stating under
the heading ‘Additional declaration’ that no symptoms of Phyllosticta
citricarpa have been observed in the place of production since the
beginning of the last cycle of vegetation, and that none of the fruits
harvested in the place of production has shown, in an appropriate
official examination, symptoms of that harmful organism.
(5)
Specified fruits originating in South Africa and Uruguay
shall be accompanied by a phytosanitary certificate, as referred to in
regulation 15(b)(ii), including under the heading ‘Additional
declaration’ the following elements
(a) a statement that the specified fruits originate in a field
of production which has been subjected to treatments
against Phyllosticta citricarpa carried out at the
appropriate time since the beginning of the last cycle of
vegetation;
(b) a statement that an appropriate official inspection has
been carried out in the field of production during the
growing season, and no symptoms of Phyllosticta
citricarpa have been detected in the specified fruit since
the beginning of the last cycle of vegetation;
(c) a statement that a sample has been taken along the line
between arrival and packaging in the packing facilities
of at least 600 fruits of each species per 30 tonnes, or
part thereof, selected as much as possible on the basis of
any possible symptom of Phyllosticta citricarpa, and all
sampled fruits showing symptoms have been tested and
found free of that harmful organism;
(d) in the case of Citrus sinensis (L.) Osbeck ‘Valencia’, in
addition to the statements referred to in paragraphs (a),
(b) and (c): a statement that a sample per 30 tonnes, or
part thereof, has been tested for latent infection and
found free of Phyllosticta citricarpa.
(6)
Specified fruits originating in Argentina shall be
accompanied by a phytosanitary certificate, as referred to in regulation
15(b)(ii), including under the heading ‘Additional declaration" the
following elements
(a) a statement that the specified fruits originate in a field
of production which has been subjected to treatments
against Phyllosticta citricarpa carried out at the
appropriate time since the beginning of the last cycle of
vegetation;
PLANT QUARANTINE (HARMFUL ORGANISMS)
(b) a statement that an appropriate official inspection has
been carried out in the field of production during the
growing season, and no symptoms of Phyllosticta
citricarpa have been detected in the specified fruit
since the beginning of the last cycle of vegetation;
(c) a statement that a sample has been taken along the line
between arrival and packaging in the packing facilities
of at least 600 fruits of each species per 30 tonnes, or
part thereof, selected as much as possible on the basis
of any possible symptom of Phyllosticta citricarpa,
and all sampled fruits showing symptoms have been
tested and found free of that harmful organism.
(7)
(a)
Specified fruits originating in Argentina, South
Africa and Uruguay shall be visually inspected at the point of entry or
at the place of destination established in accordance with Commission
Directive 2004/103/EC. Those inspections shall be carried out on
samples of at least 200 fruits of each species of the specified fruits by
batch of 30 tonnes, or part thereof, selected on the basis of any
possible symptom of Phyllosticta citricarpa.
(b)
If symptoms of Phyllosticta citricarpa are
detected during the inspections referred to in
paragraph (a), the presence of that harmful organism
shall be confirmed or refuted by testing of the fruits
showing symptoms.
(c) If the presence of Phyllosticta citricarpa is
confirmed, the batch from which the sample has been
taken shall be subjected to refusal of entry into Malta.
(8)
For traceability purposes, the specified fruits shall be
introduced into Malta only if they fulfil the following conditions
(a)
the field of production, the packing facilities,
exporters and any other operator involved in the handling of the
specified fruits have been officially registered for that purpose;
(b)
throughout their movement, from the field of
production to the point of entry to Malta, the specified fruits
have been accompanied by documents issued under the
supervision of the Directorate;
(c)
in the case of the specified fruits originating in
Argentina, South Africa and Uruguay, in addition to paragraphs
(a) and (b), detailed information on the pre- and post-harvest
treatments has been kept.
(9)
By way of derogation from point 16.4(e) of Section I of
Part A of Schedule IV to Directive 2000/29/EC, specified fruits
originating in Argentina, Brazil, South Africa or Uruguay, destined
exclusively for industrial processing into juice, shall only be
introduced into, and moved within, Malta in accordance with sub-
regulations 10 to 18.
PLANT QUARANTINE (HARMFUL ORGANISMS)
This shall apply without prejudice to the requirements laid down
in points 16.1, 16.2, 16.3, 16.5 and 16.6 of Section I of Part A of
Schedule IV.
(10) (a)
The specified fruits shall be accompanied by a
phytosanitary certificate, as referred to in regulation 15(b)(ii). The
phytosanitary certificate shall include the following elements under the
heading ‘Additional Declaration’
(i)
a statement that the specified fruits originate in a
field of production subjected to appropriate
treatments against Phyllosticta citricarpa carried
out at the appropriate time;
(ii) a statement that an appropriate official visual
inspection has been carried out during packaging
and no symptoms of Phyllosticta citricarpa have
been detected in the specified fruits harvested in
the field of production in that inspection;
(iii) the words "Fruit destined exclusively for
industrial processing into juice".
(b)
The phytosanitary certificate shall include the
identification numbers of the containers and the unique numbers of the
labels on the individual packages.
(11) For traceability purposes, the specified fruits shall only be
introduced into Malta if they originate in an officially registered place
of production, and there has been an official registration of the
movement of those fruits from the place of production to the point of
export into Malta. The registered production unit code shall be
mentioned on the phytosanitary certificate referred to in regulation
15(b)(ii)under the heading "Additional declaration".
(12) (a)
The specified fruits shall be introduced through
points of entry, designated by the Directorate.
(b)
The Directorate shall notify the designated points of
entry and the name and address of the official body
of each point of entry sufficiently in advance to the
other Member States, the Commission and the third
countries concerned.
(13) (a)
The specified fruits shall be visually inspected by
the Directorate at the point of entry.
(b) If symptoms of Phyllosticta citricarpa are detected
during the inspections, the presence of that harmful
organism shall be confirmed or refuted by testing. If the
presence of the harmful organism is confirmed, the
batch from which the sample has been taken shall be
subjected to refusal of entry into Malta.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(1) It is hereby declared that the following third countries are Third countries
recognised as being free of all strains of Xanthomonas campestris and other areas.
pathogenic to Citrus
(a) all citrus-growing countries in the Euro-Mediterranean
region, including Europe, Algeria, Egypt, Israel, Libya,
Morocco, Tunisia and Turkey, - in Africa: South Africa,
Gambia, Ghana, Guinea, Kenya, Sudan, Swaziland and
Zimbabwe,
(b) in Central and South America and the Caribbean: the
Bahamas, Belize, Chile, Colombia, Costa Rica, Cuba,
Ecuador, Honduras, Jamaica, Mexico, Nicaragua, Peru,
the Dominican Republic, Saint Lucia, El Salvador,
Surinam and Venezuela.
(2) The following areas are recognised as being free of all strains
of Xanthomonas campestris pathogenic to Citrus
(a) in Australia: New South Wales, Queensland, South
Australia and Victoria,
(b) all areas of Brazil, with the exception of the States of Rio
Grande do Sul, Santa Catarina, Paranà, São Paulo, Minas
Gerais and Mato Grosso do Sul,
(c) in the United States of America: Arizona, California,
Guam, Hawaii, Louisiana, Northern Mariana Islands,
Puerto Rico, American Samoa, Texas and the United
States Virgin Islands,
(d) all areas of Uruguay, with the exception of the
Departments Salto, Rivera and Paysandu - north of River
Chapicuy.
(3) The following third countries are recognised as being free of
Cercospora angolensis Carv. et Mendes
(a) all citrus-growing third countries in North, Central and
South America, the Caribbean, Asia (with the exception
of Yemen), Europe and Oceania,
(b) all citrus-growing third countries in Africa, with the
exception of Angola, Cameroon, Central African
Republic, Democratic Republic of Congo, Gabon,
Guinea, Kenya, Mozambique, Nigeria, Uganda, Zambia
and Zimbabwe.
(4) The following third countries are recognised as being free of
all strains of Guignardia citricarpa Kiely pathogenic to Citrus
(a) all citrus-growing third countries in North, Central and
South America (with the exception of Argentina and
Brazil), the Caribbean and Europe,
(b) all citrus-growing third countries in Asia, with the
exception of Bhutan, China, Indonesia, Philippines and
Taiwan,
(c) all citrus-growing third countries in Africa, with the
exception of South Africa, Kenya, Mozambique,
Swaziland, Zambia and Zimbabwe,
PLANT QUARANTINE (HARMFUL ORGANISMS)
(d) all citrus-growing third countries in Oceania, with the
exception of Australia, New Zealand and Vanuatu.
(5) The following areas are recognised as being free of all strains of
Guignardia citricarpa Kiely pathogenic to Citrus
(a) in South Africa: Western Cape,
(b) in Australia: South Australia, Western Australia and
Northern Territory,
(c) in China: all areas with the exception of Sichuan, Yunnan,
Guangdong, Fujian and Zhejiang,
(d) in Brazil: all areas with the exception of the States of Rio
de Janeiro, São Paulo and Rio Grande do Sul.
(1)
For the purpose of this regulation
"susceptible bark" means bark of conifers (Coniferales);
"susceptible plants" means plants (other than fruit and seeds) of
Abies Mill., Cedrus Trew, Larix Mill., Picea A. Dietr., Pinus L.,
Pseudotsuga Carr. And Tsuga Carr.;
"susceptible wood" means wood of conifers (Coniferales), which
falls under one of the following points
(a) wood within the meaning of these regulations;
(b) wood which has not retained its round surface;
(c) wood in the form of beehives and bird nesting boxes,
susceptible wood does not mean sawn wood and logs of Taxus L.
and Thuja L., and wood which has undergone processing eliminating
the risk of hosting the pinewood nematode (PWN);
"pinewood nematode (PWN)" means the harmful organism
Bursaphelenchus xylophilus;
"flight season of the vector Monochamus" means the period from
1st April to 31st October, except where there is technical-scientific
justification for a different duration of the flight season of the vector,
taking into account a safety margin of four additional weeks at the
beginning and at the end of the expected flight season;
"vector" means beetles belonging to the genus Monochamus
Megerle in Dejean, 1821;
"wood packaging material" means wood or wood products used
in supporting, protecting or carrying a commodity, in the form of
packing cases, boxes, crates, drums and similar packings, pallets, box
pallets and other load boards, pallet collars and dunnage, whether or not
actually in use in the transport of objects. Processed wood produced by
glue, heat or pressure or a combination thereof and packaging material
entirely composed of wood of 6mm of thickness or less are excluded.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(2) The following are the conditions for movement of
susceptible plants and susceptible wood and bark within the Union
(a) susceptible plants and susceptible wood and bark shall
only be moved from demarcated areas into areas other
than demarcated areas and from infested zones into
buffer zones, if the conditions, as set out in Section 1
of Schedule VII are fulfilled;
(b) susceptible plants and susceptible wood and bark shall
only be moved within infested zones subject to
eradication measures if the conditions, as set out in
Section 2 of Schedule VII fulfilled;
(c) the Director may restrict the movement of susceptible
plants and susceptible wood and bark within infested
zones subject to containment measures.
(3) (a)The Directorate shall carry out frequent random checks
on susceptible plants and susceptible wood and bark being moved
from demarcated areas situated in Malta to areas other than
demarcated areas and from infested zones situated in Malta to
buffer zones.
(b) When deciding in a specific case where to carry out
the checks, inspectors shall base their decision on the
risk that the plants or wood and bark to be checked
carry live PWN, taking into account the provenance of
the consignments, the degree of susceptibility of the
plants and wood and bark concerned, and past
compliance with this regulation and Decision 2006/
133/EC by the operator responsible for the movement.
(c) Checks of the susceptible plants and the susceptible
wood and bark shall be carried out in the following
places
(i)
at the points where they are moved from infested
zones into buffer zones;
(ii) at the points where they are moved from buffer
zones into non-demarcated areas;
(iii) at their place of destination in the buffer zone;
and
(iv) at their place of origin in the infested zone, such
as sawmills, from which they are moved out of
the infested zone
(d)
The Directorate may decide to carry out checks
additionally in other places than those referred to in
paragraphs (a) to (d). These checks shall include a
documentary check as regards the requirements laid
down in Section 1 of Schedule VII, an identity check
and, in the case of non-compliance or a suspicion of
non-compliance with those requirements, a plant heath
check which includes testing for the presence of PWN.
(4) The Directorate shall carry out random checks on the
susceptible plants and susceptible wood and bark being moved
from demarcated areas situated outside Malta into areas in Malta
PLANT QUARANTINE (HARMFUL ORGANISMS)
other than demarcated areas. These checks shall include a
documentary check as regards the requirements laid down in Section
1 of Schedule VII, an identity check and a plant health check which
includes testing for the presence of PWN.
(5) The Directorate shall, by 30 April of each year, communicate
to the other Member States and the Commission the time and results
of the checks referred to in sub-regulations (3) and (4) carried out
during the preceding year. Where those checks show that PWN is
present in susceptible plants or susceptible wood or bark, the
Director shall immediately notify the Commission and the other
Member States of the finding.
(6) Where the checks referred to in sub- regulations (3), (4) and
(5) show that Section 1 or 2 of Schedule VII is not complied with,
the Directorate shall immediately subject the non-compliant material
to one of the following measures
(a) destruction;
(b) movement under official supervision to a treatment
facility specifically authorised for this purpose, where it
is subjected to a heat treatment to achieve a minimum
temperature of 56˚C for at least 30 minutes throughout
the susceptible wood and bark ensuring freedom from
live PWN and live vectors;
(c) where the non-compliant material consists of wood
packaging material actually in use in the transport of
objects, and without prejudice to Schedule VII, return
under official supervision to the place of dispatch, or a
location nearby the location of interception, for
repackaging of those objects and destruction of that
wood packaging material, while avoiding any risk of
spreading PWN.
(7)
(a)
in the case where a demarcated area is established
in the Maltese Islands, the Director shall authorise treatment facilities
adequately equipped to carry out one or more of the following tasks, as
set out in Schedule VII
(i)
treatment of susceptible wood and bark, as set out
in point 2(a) of Section 1 of Schedule VII point
(c) of the first sub-paragraph of point 2 of Section
2 of that Schedule;
(ii) issuing of plant passports referred to in regulation
10 for susceptible wood and bark treated by the
treatment facility concerned in accordance with
sub-paragraph (i), as set out in point 2(b) of
Section 1 of Schedule VII and point (b) of the
second sub-paragraph of item 2 of Section 2 of
that Schedule;
(iii) treatment of wood packaging material, as set out
in point 3(a) of Section 1 of Schedule VII and
point 3 of Section 2 of that Schedule; and
PLANT QUARANTINE (HARMFUL ORGANISMS)
(iv)
marking in accordance with Annex II to the FAO
International
Standard
for
Phytosanitary
Measures No 15, as set out in points 2(b) and
3(b) of Section 1 of Schedule VII and point 3 of
Section 2 of that Schedule, of beehives, bird
nesting boxes and wood packaging material
treated by the treatment facility concerned in
accordance with, respectively, sub-paragraphs
(i) and (iii).
Those facilities are referred to hereinafter as
"authorised treatment facilities".
(b)
authorised treatment facilities shall ensure the
traceability of the treated susceptible wood, bark and wood packaging
material.
(8) (a) in the case where a demarcated area is established in
the Maltese Islands, the Director shall authorise producers of wood
packaging material, beehives and bird nesting boxes adequately
equipped to mark, in accordance with Annex II to the FAO
International Standard for Phytosanitary Measures No 15, the wood
packaging material, beehives and bird nesting boxes they assemble
f r o m w o o d t r e a t e d b y a n au t h o r i s e d t r e a t m e n t f a c i l i t y an d
accompanied by the plant passport referred to in regulation 10 to
these regulations.
Those products are referred to hereinafter in this regulation as
"authorised wood packaging material producers";
(b) authorised wood packaging material producers shall
exclusively use wood from treatment facilities
specifically authorised for this purpose and
accompanied by the plant passport referred to in
regulation 10 for the production of wood packaging
material and shall ensure that the wood used for that
purpose can be traced back to those treatment
facilities.
(9) (a)
The Directorate shall supervise the authorised
treatment facilities and the authorised wood packaging material
producers to ensure that they correctly perform their tasks, as set
out in their authorisation.
(b) The Director shall ensure that that supervision is
carried out by technically qualified personnel under
the responsibility of the Directorate or by any other
technically qualified persons acting under the
supervision of the Directorate.
(10) (a) Where the Directorate becomes aware of the presence
of PWN in susceptible wood, bark or wood packaging material
treated by an authorised treatment facility, it shall immediately
withdraw that authorisation. Where the Directorate becomes aware
of the presence of PWN in susceptible wood packaging material
marked by an authorised wood packaging material producer, it shall
PLANT QUARANTINE (HARMFUL ORGANISMS)
immediately withdraw that authorisation.
(b) Without prejudice to sub-regulation (1), where the
Directorate becomes aware of he fact that an authorised
treatment facility or an authorised wood packaging
material producer does not correctly perform its tasks,
as set out in its authorisation, it shall take the necessary
measures to ensure that sub-regulations (7) and (8) are
complied with.
(11) (a) The Directorate shall inform the Commission when a
treatment facility is authorised in accordance with sub-regulation (7)
or a wood packaging material producer in accordance with sub-
regulation (8) and when they withdraw such an authorisation.
(b)
The Commission shall establish a list of the authorised
treatment facilities and authorised wood packaging
material producers and shall transmit that list to the
Member States. Part A of that list shall set out the
authorised treatment facilities. Part B of that list shall
set out the authorised wood packaging material
producers. That list shall be updated on the basis of the
information received from the Member States.
(1) (a) For the purpose of this regulation, "the specified
organisms" means Epitrix cucumeris (Harris), Epitrix papa sp. n.,
Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner).
(b) the specified organisms shall not be introduced into
or spread within Malta.
(2) Tubers of Solanum tuberosum L., including those intended
for planting, hereinafterreferred to as "potato tubers", originating in
third countries where one or more of the specified organisms are
known to be present may only be introduced into the Union if they
comply with the specific import requirements, as set out in point (1)
of Schedule XXVII (b) on entry into the Union potato tubers shall be
inspected by the inspectors of the Directorate in accordance with
point (5) of Schedule XXVII.
(3) (a) potato tubers originating in demarcated areas within the
Union established in accordance with Article 5 of Commission
Implementing Decision 2012/270/EU as amended, packed within
those areas or at the facilities referred to in sub-regulation (5), may
be moved within the Union only if they meet the conditions, as set
out in point (1) of Section 2 of Schedule XXVII;
(b)
potato tubers originating in a demarcated area, may be
moved from that demarcated area to a packing facility
fulfilling the requirements of sub-regulation (5) which
is in the vicinity of that demarcated area provided that
the conditions set out in point (2) of Section 2 of
Schedule XXVII are fulfilled. Potato tubers may be
stored at that facility;
(c) in the case of paragraph (b), the Directorate shall carry
out the following actions
PLANT QUARANTINE (HARMFUL ORGANISMS)
(i)
intensive monitoring for the presence of the
specified organisms and of the signs of
infestation by those organisms on potato tubers,
through appropriate inspections on potato plants
and, where appropriate, other host plants,
including fields where those plants are growing,
within at least a radius of 100 m of the packing
facility; and
(ii) activities to raise public awareness concerning
the threat of the specified organisms and the
measures adopted to prevent its introduction into
and spread within the Union in the vicinity of
the packing facility;
(d) potato tubers introduced into the Union in accordance
with sub-regulation (2) from third countries where one
or more of the specified organisms are known to be
present, may be moved within the Union only if they
meet the conditions, as set out in point (3) of Section
(2) of Schedule XXVII.
(4)
The Directorate shall ensure that
(a) any vehicle and packaging having been used to
transport the potato tubers originating in a demarcated
area prior to fulfilment of point 1(b) of Section 2 of
Schedule XXVII is decontaminated and cleaned in an
appropriate manner in the following cases
(i)
before they
are
moved
outside
the
demarcated area; and
(ii)
before they leave a packing facility, as
referred to in sub-regulation (3)(b).
(b)
machinery used to handle the potato tubers referred to
in sub-regulation (1) in a packing facility referred to in
sub-regulation (3)(b) is decontaminated and cleaned in
an appropriate manner after each use.
(c)
the waste soil, or other waste material, resulting from
the fulfilment of the requirements of sub-regulation (3)
and sub-regulations (4)(1)(a) and (4)(1)(b) is disposed
of in such a manner to ensure that the specified
organisms cannot establish or spread outside a
demarcated area.
(5) Packing facilities located outside the demarcated areas
concerned and handling potato tubers originating in such areas, as
referred to in sub-regulation(3)(1), shall fulfil the following
requirements
(a) they are authorised by the Directorate to pack potato
tubers originating in a demarcated area; and
(b) they keep, for one year from the time of arrival of the
potato tubers at that facility, records of the potato
tubers handled which originate in demarcated areas.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(6) (1) The Directorate shall conduct annual official surveys for
the presence of the specified organisms and the signs of infestation
by those organisms on potato tubers and, where appropriate, other
host plants, including fields where potato tubers are growing, in their
territory. The Directorate shall notify the results of those surveys to
the Commission and the other Member States by 30th April of each
year.
(2) Any presence or suspected occurrence of a specified organism,
or of the signs of infestation by that organism on potato tubers, shall
immediately be notified to the Directorate.
(1) For the purpose of this regulation the following definitions
shall apply
"place of production" means the place of production as defined in the
FAO International Standard for Phytosanitary Measures (hereinafter
"ISPM") No 5;
"specified organism" means Anoplophora chinensis (Forster);
"specified plants" means plants for planting that have a stem or root
collar diameter of 1 cm or more at their thickest point, other than seeds,
of Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp.,
Carpinus spp., Citrus spp., Cornus spp., Corylus spp., Cotoneaster spp.,
Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus
spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix
spp. and Ulmus spp..
(2) As regards imports originating in third countries where the
specified organism is known to be present, other than China, specified
plants may only be introduced into the Union if they fulfil the following
conditions
(a) they comply with the specific import requirements, as set
out in item 1 of Section 1A of Annex I to Commission
Implementing Decision 2012/138/EU; and
(b) on entry into the Union they are inspected by an Inspector
of the Directorate in accordance with item 2 of Section
1(A) of Annex I to Commission Implementing Decision
2012/ 138/EU for the presence of the specified organism,
and no signs of that organism have been found.
(3) As regards imports originating in China, specified plants may
only be introduced into the Union if they fulfil the following conditions
(a) they comply with the specific import requirements as set
out in item 1 of Section 1(B) of Annex I to Commission
Implementing Decision 2012/138/EU;
(b) on entry into the Union they are inspected by an inspector
of the Directorate in accordance with item 2 of Section
1(B) of Annex I to Commission Implementing Decision
2012/ 138/EU for the presence of the specified organism,
and no signs of that organism have been found; and
(c) the place of production of those plants
PLANT QUARANTINE (HARMFUL ORGANISMS)
(i) is designated by a unique registration number
assigned by the national plant protection organisation
of China;
(ii) is included in the most recent version of the register
communicated by the Commission to the Member
State in accordance with sub-regulation (5);
(iii) has not, within the previous two years, been the
subject of a communication by the Commission to the
Member States of the removal from the register in
accordance with sub-regulation (5); and
(iv) has not, within the previous two years, been the
subject of a communication by the Commission to the
Member States as referred to in sub-regulation (6)
and (7).
(4) The Commission shall communicate to the Member States the
register of places of production in China which its national plant
protection organisation has established as in compliance with item 1(b)
of Section 1(B) of Annex I to Commission Implementing Decision
2012/138/EU
Provided that where that organisation updates the register by
removing a place of production either because that organisation has
found that that place of production no longer complies with item 1(b)
of Section 1(B) of Annex I to Commission Implementing Decision
2012/138/EU or because the Commission has informed China of
evidence of the presence of the specified organism at import of
specified plants from that place of production, and China makes the
updated version of the register available to the Commission, the
Commission shall communicate the updated version of the register to
the Member States
Provided further that where that organisation updates the
register by including a place of production because that organisation
has found that that place of production complies with item 1(b) of
Section 1 (B) of Annex I to Commission Implementing Decision 2012/
138/EU and China makes the updated version of the register available
to the Commission as well as the necessary explanatory information,
the Commission shall communicate that updated version and, where
appropriate, that explanatory information to the Member States
Provided further that through internet based information
pages, the Commission shall make the register and its updates
available to the public.
(5) Where during an inspection at a registered place of production,
as set out in sub-paragraphs (ii), (iii) and (iv) of item 1(b) of Section 1
(B) of Annex I to Commission Implementing Decision 2012/138/EU,
the Chinese plant protection organisation finds evidence of the
presence of the specified organism and the Commission is notified of
that finding by China, the Commission shall immediately
communicate that finding to the Member States
Provided that through internet based information pages, the
Commission shall also make this information available to the public.
(6)
Where the Commission has evidence from sources other than
PLANT QUARANTINE (HARMFUL ORGANISMS)
those referred to in sub-regulations (4) and (5) that a place of production
listed in the register does not comply with item 1(b) of Section 1(B) of
Annex I to Commission Implementing Decision 2012/138/EU or that
the specified organism has been found on specified plants imported
from such a place of production, it shall communicate the information
concerning that place of production to the Member States
Provided that through internet based information pages, the
Commission shall also make this information available to the public.
(7) Specified plants originating in demarcated areas within the
Union established in accordance with Article 6 of Commission
Implementing Decision 2012/ 138/EU may be moved within the Union
only if they meet the conditions set out in item 1 of Section 2 of Annex I
to Commission Implementing Decision 2012/ 138/EU
Provided that specified plants which have not been grown in
demarcated areas but are introduced into such areas may be moved
within the Union only if they meet the conditions set out in item 2 of
Section 2 of Annex I to Commission Implementing Decision 2012/138/
EU
Provided further that specified plants imported in accordance
with sub-regulation (2) and (3) from third countries where the specified
organism is known to be present may be moved within the Union only if
they meet the conditions set out in item 3 of Section 2 of Annex I to
Commission Implementing Decision 2012/138/EU.
(1) For the purpose of this regulation, the following definitions
shall apply
"host plants" means plants belonging to species listed in Annex I to
Commission Implementing Decision (EU) 2015/893;
"place of production" means the place of production as defined in the
FAO International Standard for Phytosanitary Measures (hereinafter
"ISPM") No 5;
"specified organism" means Anoplophora glabripennis
(Motschulsky);
"specified plants" means plants for planting that have a stem diameter
of 1 cm or more at their thickest point, other than seeds, of Acer spp.,
Aesculus spp., Alnus spp., Betula spp., Carpinus spp., Cercidiphyllum
spp., Corylus spp., Fagus spp., Fraxinus spp., Koelreuteria spp.,
Platanus spp., Populus spp., Salix spp., Tilia spp. and Ulmus spp.;
"specified wood" means wood, obtained in whole or in part of the
specified plants, which fulfils all of the following points
(a) it is wood within the meaning of these regulations, other
than wood packaging material including wood that has not
retained its natural round surface; and
(b) it is listed among the following descriptions laid down in
Annex I, Part Two to Council Regulation (EEC) No 2658/
87, as it stood on 1 January 2015
CN code
Description
4401 10 00
Fuel wood, in logs, in billets in twigs, in
faggots or in similar forms
4401 22 00
Non-coniferous wood, in chips or particles
ex 4401 39 80
Other wood waste and scrap, not
agglomerated in logs, briquettes, pellets or
similar forms
4403 10 00
Wood in the rough, treated with paint,
stains, creosote or other preservatives,
whether or not stripped of bark or
sapwood, or roughly squared
4403 92
Wood of beech (Fagus spp.) in the rough,
whether or not stripped of bark or
sapwood, or roughly squared ex 4403
99Non-coniferous wood (other than, beech
(Fagus spp.), poplar (Populus spp.) or
birch (Betula spp.)), in the rough, whether
or not stripped of bark or sapwood, or
roughly squared
4403 99 10
Wood of poplar (Populus spp.) in the
rough, whether or not stripped of bark or
sapwood, or roughly squared
4403 99 51
Sawlogs of birch (Betula spp.) in the
rough, whether or not stripped of bark or
sapwood, or roughly squared
4403 99 59
Wood of birch (Betula spp.) in the rough,
whether or not stripped of bark or
sapwood, or roughly squared, other than
sawlogs
ex 4404 20 00
Non-coniferous split poles; piles, pickets
and stakes of wood, pointed but not sawn
lengthwise
Railway or tramway sleepers (cross-ties)
of wood
4407 92 00
Wood of beech (Fagus spp.) sawn or
chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm
4407 93
Wood of maple (Acer spp.), sawn or
chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm
4407 95
Wood of ash (Fraxinus spp.), sawn or
chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm
PLANT QUARANTINE (HARMFUL ORGANISMS)
ex 4407 99
Non-coniferous wood (other than beech
(Fagus spp.) maple (Acer spp.), ash
(Fraxinus spp.) or poplar (Populus spp.)),
sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or
end-jointed, of a thickness exceeding 6 mm
4407 99 91
Wood of poplar (Populus spp.), sawn or
chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm
9406 00 20
Prefabricated buildings of wood;
"specified wood packaging material" means packaging material
obtained in whole or in part of the specified plants.
(2) As regards imports originating in third countries where the
specified organism is known to be present, specified plants may only be
introduced into Malta if they fulfil the following conditions
(a) they comply with the specific import requirements, as set
out in item 1 of Section 1(A) of Annex II to Commission
Implementing Decision (EU) 2015/893; and
(b) on entry into the Union they are inspected by the
responsible official body in accordance with item 2 of
Section 1(A) of Annex II to Commission Implementing
Decision (EU) 2015/893 for the presence of the specified
organism, and no signs of that organism have been found.
(3) As regards imports originating in third countries where the
specified organism is known to be present, specified wood may only be
introduced into Malta if it fulfils the following conditions
(a) it complies with the specific import requirements, as set
out in items 1 and 2 of Section 1 (B) of Annex II to
Commission Implementing Decision (EU) 2015/893; and
(b) on entry into the Union it is inspected by the responsible
official body in accordance with item 3 of Section 1(B) of
Annex II to Commission Implementing Decision (EU)
2015/ 893 for the presence of the specified organism, and
no signs of that organism have been found.
(4) Specified plants originating in demarcated areas established in
accordance with Article 7 may be moved within the Union only if they
meet the conditions set out in item 1 of Section 2(A) of Annex II to
Commission Implementing Decision (EU) 2015/893
Provided that specified plants which have not been grown in
demarcated areas but are introduced into such areas may be moved
within the Union only if they meet the conditions set out in item 2 of
Section 2(A) of Annex II to Commission Implementing Decision (EU)
2015/893
Provided further that specified plants imported in accordance
with sub-regulation (2) from third countries where the specified
organism is known to be present may be moved within the Union only if
PLANT QUARANTINE (HARMFUL ORGANISMS)
they meet the conditions set out in item 3 of Section 2(A) of Annex II
to Commission Implementing Decision (EU) 2015/893.
(5) Specified wood originating in demarcated areas as established
in accordance with Article 7 of Commission Implementing Decision
(EU) 2015/893 may be moved within the Union only if it meets the
respective conditions set out in items 1, 2 and 3 of Section 2(B) of
Annex II to Commission Implementing Decision (EU) 2015/893
Provided that specified wood retaining all or part of its round
surface not originating in demarcated areas but introduced into such
areas, may be moved within the Union only if it meets the respective
conditions set out in items 1 and 3 of Section 2(B) of Annex II to
Commission Implementing Decision (EU) 2015/893
Provided further that specified wood packaging material
originating in demarcated areas established in accordance with Article
7 of Commission Implementing Decision (EU) 2015/893 may be
moved within the Union only if it meets the conditions set out in
Section 2(C) of Annex II to Commission Implementing Decision (EU)
2015/893.
(1) For the purposes of this regulation, the following
definitions shall apply
"specified organism" means Gibberella circinata Nirenberg &
O’Donnell;
"specified plants" means plants of the genus Pinus L. and the
species Pseudotsuga menziesii, intended for planting, including seeds
and cones for propagation purposes.
(2) The specified plants may be introduced into the Community
only if
(a) they comply with the requirements laid down in section I
of Annex I to Commission Decision 2007/433/EC; and
(b) they are, on entry into the Community, inspected and,
where appropriate, tested for the presence of the specified
organism, in accordance with the provisions of these
regulations, and found free from it.
PHYTOSANITARY CONTROLS
Amended by
L.N. 477 of 2004;
PART A
L.N. 478 of 2004;
L.N. 42 of 2005;
SPECIAL REQUIREMENTS WHICH MUST BE
L.N. 55 of 2005;
L.N. 307 of 2005;
FULFILLED FOR THE INTRODUCTION AND
L.N. 308 of 2005;
MOVEMENT OF PLANTS, PLANT PRODUCTS AND
L.N. 245 of 2006;
L.N. 359 of 2007;
OTHER OBJECTS INTO, AND WITHIN, MALTA
L.N. 270 of 2008;
L.N. 33 of 2009;
L.N. 100 of 2009;
Section I
L.N. 77 of 2010;
L.N. 119 of 2010;
L.N. 334 of 2014.
Substituted by
L.N. 27 of 2018;
L.N. 232 of 2019.
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS
ORIGINATING OUTSIDE THE COMMUNITY
Plants, Plant products or other
Special requirements
objects
1.1.Whether or not listed
Official statement that the wood has undergone an
among the CN codes in
appropriate
Schedule V, Part B, wood
(a) heat treatment to achieve a minimum temperature
of conifers (Coniferales),
of 56°C for a minimum duration of 30 continuous
except that of Thuja L.
minutes throughout the entire profile of the wood
and Taxus L., other than in
(including at its core). There shall be evidence
the form of
thereof by a mark "HT" put on the wood or on any
wrapping in accordance with current usage, and
-
chips, particles, sawdust,
on the certificates referred to in Article 13.1.(ii)
shavings, wood waste and
of Directive 2000/29/EC, or
scrap obtained in whole or
(b) fumigation to a specification approved in
part from these conifers,
accordance with the procedure laid down in
Article 18.2. of Directive 2000/29/EC. There
-
wood packaging material,
shall be evidence thereof by indicating on the
in the form of packing
certificates referred to in Article 13.1.(ii) of
cases, boxes, crates,
Directive 2000/29/EC, the active ingredient, the
drums and similar
minimum wood temperature, the rate (g/m 3 ) and
packings, pallets, box
pallets and other load
the exposure time (h), or
boards, pallet collars,
(c) chemical pressure impregnation with a product
dunnage, whether or not
approved in accordance with the procedure laid
actually in use in the
down in Article 18.2. of Directive 2000/29/EC
transport of objects of all
There shall be evidence thereof by indicating on
kinds, except dunnage
the certificates referred to in Article 13.1.(ii) of
supporting consignments
Directive 2000/29/EC, the active ingredient, the
of wood, which is
pressure (psi or kPa) and the concentration (%),
constructed from wood of
and official statement that subsequent to its
the same type and quality
treatment the wood was transported until leaving
as the wood in the
the country issuing that statement outside of the
consignment and which
flight season of the vector Monochamus, taking
meets the same Union
into account a safety margin of four additional
phytosanitary
weeks at the beginning and at the end of the
requirements as the wood
expected flight season, or, except in the case of
in the consignment,
wood free from any bark, with a protective
covering ensuring that infestation with
Bursaphelenchus xylophilus (Steiner et Bührer)
Nickle et al. or its vector cannot occur.
-
wood of Libocedrus
decurrens Torr. where
there is evidence that the
wood has been processed
or manufactured for
pencils using heat
treatment to achieve a
minimum temperature of
82°C for a seven to eight-
day period,but including
that which has not kept its
natural round surface,
originating in Canada,
China, Japan, the
Republic of Korea,
Mexico, Taiwan and the
USA, where
Bursaphelenchus
xylophilus (Steiner et
Bührer) Nickle et al. is
known to occur.
1.2.Whether or not listed
Official statement that the wood has undergone an
among the CN codes in
appropriate
Schedule V, Part B, wood
(a) heat treatment to achieve a minimum temperature
of conifers (Coniferales)
of 56°C for a minimum duration of 30 continuous
in the form of
minutes throughout the entire profile of the wood
(including at its core), the latter to be indicated on
-
chips, particles, sawdust,
the certificates referred to in Article 13.1.(ii) of
shavings, wood waste and
Directive 2000/29/EC, or
scrap obtained in whole or
(b) fumigation to a specification approved in
part from these
accordance with the procedure laid down in
conifers,originating in
Article 18.2. of Directive 2000/29/EC. There
Canada, China, Japan, the
shall be evidence thereof by indicating on the
Republic of Korea,
certificates referred to in Article 13.1.(ii) of
Mexico, Taiwan and the
Directive 2000/29/EC., the active ingredient, the
USA, where
minimum wood temperature, the rate (g/m 3 ) and
Bursaphelenchus
the exposure time (h), and official statement that
xylophilus (Steiner et
subsequent to its treatment the wood was
Bührer) Nickle et al. is
transported until leaving the country issuing that
known to occur.
statement outside of the flight season of the vector
Monochamus, taking into account a safety margin
of four additional weeks at the beginning and at
the end of the expected flight season, or, except in
the case of wood free from any bark, with a
protective covering ensuring that infestation with
Bursaphelenchus xylophilus (Steiner et Bührer)
Nickle et al. or its vector cannot occur.
1.3.Whether or not listed
Official statement that the wood
among the CN codes in
(a) is bark-free, or
Schedule V, Part B, wood
(b) has undergone kiln-drying to below 20% moisture
of Thuja L. and Taxus L.,
content, expressed as a percentage of dry matter,
other than in the form of
achieved through an appropriate time/temperature
schedule. There shall be evidence thereof by a
-
chips, particles, sawdust,
mark "kiln-dried" or "K.D." or another
shavings, wood waste and
internationally recognised mark, put on the wood
scrap obtained in whole or
or on any wrapping in accordance with current
part from these conifers,
usage, or
(c) has undergone an appropriate heat treatment to
-
wood packaging material,
achieve a minimum temperature of 56°C for a
in the form of packing
minimum duration of 30 continuous minutes
cases, boxes, crates,
throughout the entire profile of the wood
drums and similar
(including at its core). There shall be evidence
packings, pallets, box
thereof by a mark "HT" put on the wood or on any
pallets and other load
wrapping in accordance with current usage, and
boards, pallet collars,
on the certificates referred to in Article 13.1.(ii) of
dunnage, whether or not
Directive 2000/29/EC, or
actually in use in the
(d) has undergone an appropriate fumigation to a
transport of objects of all
specification approved in accordance with the
kinds, except dunnage
procedure laid down in Article 18.2. of Directive
supporting consignments
2000/29/EC. There shall be evidence thereof by
of wood, which is
indicating on the certificates referred to in Article
constructed from wood of
13.1.(ii) of Directive 2000/29/EC, the active
the same type and quality
ingredient, the minimum wood temperature, the
as the wood in the
rate (g/m 3 ) and the exposure time (h), or
consignment and which
meets the same European
(e) has undergone an appropriate chemical pressure
Union phytosanitary
impregnation with a product approved in
requirements as the wood
accordance with the procedure laid down in
in the consignment;
Article 18.2. of Directive 2000/29/EC. There
shall be evidence thereof by indicating on the
but including wood which
certificates referred to in Article 13.1.(ii) of
has not kept its natural
Directive 2000/29/EC, the active ingredient, the
round surface, originating
pressure (psi or kPa) and the concentration (%).
in Canada, China, Japan,
the Republic of Korea,
Mexico, Taiwan and the
USA, where
Bursaphelenchusxylophilu
s (Steiner et Bührer)
Nickle et al. is known to
occur.
1.4.(Deleted by L.N. 334 of 2014)
1.5.Whether or not listed
Official statement that the wood
among the CN codes in
(a) originates in areas known to be free from
Schedule V, Part B, wood
- Monochamus spp. (non-European)
of conifers (Coniferales),
- Pissodes spp. (non-European)
other than in the form of
- Scolytidae spp. (non-European)
originates in areas known to be free from
The area shall be mentioned on the certificates
-
chips, particles, sawdust,
referred to in Article 13.1.(ii) of Directive 2000/29/
shavings, wood waste and
EC, under the rubric "place of origin", or
scrap obtained in whole or
part from these conifers,
-
wood packaging material,
in the form of packing
cases, boxes, crates,
drums and similar
packings, pallets, box
pallets and other load
boards, pallet collars,
dunnage, whether actually
(b) is bark-free and free from grub holes, caused by
in use or not in the
the genus Monochamus spp. (non-European),
transport of objects of all
defined for this purpose as those which are larger
kinds, except dunnage
than 3 mm across, or
supporting consignments
(c) has undergone kiln-drying to below 20% moisture
of wood, which is
content, expressed as a percentage of dry matter,
constructed from wood of
achieved through an appropriate time/temperature
the same type and quality
schedule. There shall be evidence thereof by a
as the wood in the
mark "kiln-dried" or "K.D". or another
consignment and which
internationally recognised mark, put on the wood
meets the same Union
or on any wrapping in accordance with the current
phytosanitary
usage, or
requirements as the wood
in the consignment;
(d) has undergone an appropriate heat treatment to
but including that which
achieve a minimum temperature of 56°C for a
has not kept its natural
minimum duration of 30 continuous minutes
round surface, originating
throughout the entire profile of the wood
in Russia, Kazakhstan and
(including at its core). There shall be evidence
Turkey.
thereof by a mark "HT" put on the wood or on any
wrapping in accordance with current usage, and
on the certificates referred to in Article 13.1.(ii) of
Directive 2000/29/EC, or
(e) has undergone an appropriate fumigation to a
specification approved in accordance with the
procedure laid down in Article 18.2. of Directive
2000/29/EC. There shall be evidence thereof by
indicating on the certificates referred to in Article
13.1.(ii) of Directive 2000/29/EC, the active
ingredient, the minimum wood temperature, the
rate (g/m 3 ) and the exposure time (h), or
(f) has undergone an appropriate chemical pressure
impregnation with a product approved in
accordance with the procedure laid down in
Article 18.2. of Directive 2000/29/EC. There
shall be evidence thereof by indicating on the
certificates referred to in Article 13.1.(ii) of
Directive 2000/29/EC, the active ingredient, the
pressure (psi or kPa) and the concentration (%).
1.6.Whether or not listed
Official statement that the wood
among the CN codes in
(a) is bark-free and free from grub holes, caused by
Schedule V, Part B, wood
the genus Monochamus spp. (non-European),
of conifers (Coniferales),
defined for this purpose as those which are larger
other than in the form of
than 3 mm across, or
(b) has undergone kiln-drying to below 20% moisture
-
chips, particles, sawdust,
content, expressed as a percentage of dry matter,
shavings, wood waste and
achieved through an appropriate time/temperature
scrap obtained in whole or
schedule. There shall be evidence thereof by a
part from these conifers,
mark "kiln-dried" or "K.D" or another
internationally recognised mark, put on the wood
-
wood packaging material,
or on any wrapping in accordance with current
in the form of packing
usage, or
cases, boxes, crates,
(c) has undergone an appropriate fumigation to a
drums and similar
specification approved in accordance with the
packings, pallets, box
procedure laid down in Article 18.2. of Directive
pallets and other load
2000/29/EC. There shall be evidence thereof by
boards, pallet collars,
indicating on the certificates referred to in Article
dunnage, whether actually
13.1.(ii) of Directive 2000/29/EC, the active
in use or not in the
ingredient, the minimum wood temperature, the
transport of objects of all
rate (g/m 3 ) and the exposure time (h), or
kinds, except dunnage
supporting consignments
(d) has undergone an appropriate chemical pressure
of wood, which is
impregnation with a product approved in
constructed from wood of
accordance with the procedure laid down in
the same type and quality
Article 18.2. of Directive 2000/29/EC. There
as the wood in the
shall be evidence thereof by indicating on the
consignment and which
certificates referred to in Article 13.1.(ii) of
meets the same European
Directive 2000/29/EC, the active ingredient, the
Union phytosanitary
pressure (psi or kPa) and the concentration (%), or
requirements as the wood
(e) has undergone an appropriate heat treatment to
in the consignment;
achieve a minimum temperature of 56°C for a
minimum duration of 30 continuous minutes
but including that which
throughout the entire profile of the wood
has not kept its natural
(including at its core). There shall be evidence
round surface, originating
thereof by a mark "HT" put on the wood or on any
in third countries, other
wrapping in accordance with current usage, and
than
on the certificates referred to in Article 13.1.(ii) of
Directive 2000/29/EC.
-
Russia, Kazakhstan and
Turkey,
-
European countries,
-
Canada, China, Japan, the
Republic of Korea,
Mexico, Taiwan and the
USA,
where
Bursaphelenchusxylophilu
s (Steiner st Bührer)
Nickle et al. is known to
occur.
1.7.Whether or not listed
Official statement that the wood
among the CN codes in
(a) originates in areas known to be free from
Schedule V, Part B, wood
- Monochamus spp. (non-European)
in the form of chips,
- Pissodes spp. (non-European)
particles, sawdust,
- Scolytidae spp. (non-European)
shavings, wood waste and
The area shall be mentioned on the certificates
scrap obtained in whole or
referred to in Article 13.1.(ii) of Directive 2000/29/
in part from conifers
EC, under the rubric "place of origin", or
(Coniferales), originating
(b) has been produced from debarked round wood; or
in
(c) has undergone kiln-drying to below 20% moisture
content, expressed as a percentage of dry matter,
-
Russia, Kazakhstan and
achieved through an appropriate time/temperature
Turkey,
schedule, or
-
non-European countries
(d) has undergone an appropriate fumigation to a
other than Canada, China,
specification approved in accordance with the
Japan, the Republic of
procedure laid down in Article 18.2. of Directive
Korea, Mexico, Taiwan
2000/29/EC. There shall be evidence of the
and the USA,
fumigation by indicating on the certificates
referred to in Article 13.1.(ii) of Directive 2000/
where Bursaphelenchus
29/EC, the active ingredient, the minimum wood
xylophilus (Steiner st
temperature, the rate (g/m 3 ) and the exposure
Bührer) Nickle et al. is
known to occur.
time (h), or
(e) has undergone an appropriate heat treatment to
achieve a minimum temperature of 56°C for a
minimum duration of 30 continuous minutes
throughout the entire profile of the wood
(including at its core), the latter to be indicated on
the certificates referred to in Article 13.1.(ii) of
Directive 2000/29/EC.
1.8. Whether or not listed
Without prejudice to the provisions applicable to wood
among the CN codes in
referred to in Schedule IV (A)I(2.3), (2.4) and (2.5),
official statement that the wood
Part B of Schedule V,
originates in an area free from Geosmithia morbida
wood of Juglans L. and
Kolarík, Freeland, Utley & Tisserat and its vector
Pterocarya Kunth, other
Pityophthorus juglandis Blackman, established by the
than in the form of
national plant protection organisation in accordance
-
chips, particles, sawdust,
with relevant International Standards for Phytosanitary
shavings, wood waste and
Measures, and which is mentioned on the certificates
scrap obtained in whole or
referred to in Article 13(1)(ii) of Directive 2000/29/EC
part from these plants,
under the rubric ‘Additional declaration’,
or
-
wood packaging material,
has undergone an appropriate heat treatment to achieve
in the form of packing
a minimum temperature of 56 °C for a minimum
cases, boxes, crates, drums
duration of 40 continuous minutes throughout the entire
and similar packings,
profile of the wood. There shall be evidence thereof by
pallets, box pallets and
a mark ‘HT’ put on the wood or on any wrapping in
other load boards, pallet
accordance with current usage, and on the certificates
collars, dunnage, whether
referred to in Article 13(1)(ii),
or not actually in use in the
or
transport of objects of all
has been squared to entirely remove the natural rounded
kinds, except dunnage
surface.
supporting consignments
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignment and which
meets the same Union
phytosanitary requirements
as the wood in the
consignment, but including
that which has not kept its
natural round surface
originating in the USA.
1.9. Whether or not listed
Without prejudice to the provisions referred to in
among the CN codes in
Schedule IV (A)I(1.8.), (2.3.), (2.4.) and (2.5.), official
Part B of Schedule V,
statement that the wood or the isolated bark
isolated bark and wood of
originates in an area free from Geosmithia morbida
Juglans L. and Pterocarya
Kolarík, Freeland, Utley & Tisserat and its vector
Kunth, in the form of
Pityophthorus juglandis Blackman, established by the
national plant protection organisation in accordance
- chips, particles, sawdust,
with relevant International Standards for Phytosanitary
shavings, wood waste and
Measures, and which is mentioned on the certificates
scrap obtained in whole or
referred to in Article 13(1)(ii) of Directive 2000/29/EC
part from these plants,
under the rubric ‘Additional declaration’,
originating in the USA
or
(b) has undergone an appropriate heat treatment to
achieve a minimum temperature of 56 °C for a
minimum duration of 40 continuous minutes
throughout the entire profile of the bark or the
wood, the latter to be indicated on the certificates
referred to in Article 13(1)(ii).
2. Wood packaging material,
The wood packaging material shall
in the form of packing
- be made of debarked wood, as specified in Annex I
cases, boxes, crates,
to FAO International Standard for Phytosanitary
drums and similar
Measures No 15 on Regulation of wood packaging
packings, pallets, box
material in international trade
pallets and other load
- be subject to one of the approved treatments as
boards, pallet collars,
specified in Annex I to that International standard,
dunnage, whether or not
and
actually in use in the
- display a mark as specified in Annex II to that
transport of objects of all
International standard, indicating that the wood
kinds, except raw wood of
packaging material has been subjected to an
6 mm thickness or less,
approved phytosanitary treatment in accordance
processed wood produced
with this standard.
by glue, heat and pressure,
or a combination thereof,
and dunnage supporting
consignments of wood,
which is constructed from
wood of the same type and
quality as the wood in the
consignment and which
meets the same European
Union phytosanitary
requirements as the wood
in the consignment,
coming from third
countries, except
Switzerland.
2.1.Wood of Acer saccharum
Official statement that the wood has undergone
Marsh., including wood
kiln-drying to below 20% moisture content,
which has not kept its
expressed as a percentage of dry matter, achieved
natural round surface,
through
an
appropriate
time/temperature
other than in the form of
schedule. There shall be evidence thereof by a
mark "kiln-dried" or "K.D." or another
-
wood intended for the
internationally recognised mark, put on the wood
production of veneer
or on any wrapping in accordance with current
sheets,
usage.
-
chips, particles, sawdust,
shavings, wood waste and
scrap,
wood packaging material,
-
in the form of packing
cases, boxes, crates,
drums and similar
packings, pallets, box
pallets and other load
boards, pallet collars,
dunnage, whether or not
actually in use in the
transport of objects of all
kinds, except dunnage
supporting consignments
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignment and which
meets the same European
Union phytosanitary
requirements as the wood
in the consignment
originating in the USA
and Canada.
2.2.Wood of Acer saccharum
Official statement that the wood originates in
Marsh., intended for the
areas known to be free from Ceratocystis
production of veneer
virescens (Davidson) Moreau and is intended for
sheets, originating in the
the production of veneer sheets.
USA and Canada.
2.3.Whether or not listed
Official statement that the wood
among CN codes in
(a) the wood originates in an area recognised as being
Schedule V, Part B, wood
free from Agrilus planipennis Fairmaire in
of Fraxinus L., Juglans
accordance with the procedure referred to in
ailantifolia Carr., Juglans
Article 18(2) of Directive 2000/29/EC. The name
mandshurica Maxim.,
of the area shall be mentioned on the certificates
Ulmus davidiana Planch.
referred to in Article 13.1(ii) of Directive 2000/
and Pterocarya rhoifolia
29/EC; or
Siebold & Zucc., other
(b) the bark and at least 2.5 cm of the outer sapwood
than in the form of
are removed in a facility authorised and
supervised by the national plant protection
-
chips, particles, sawdust,
organisation, or
shavings, wood waste and
(c) the wood has undergone ionizing irradiation to
scrap, obtained in whole
achieve a minimum absorbed dose of 1 kGy
or part from these trees,
throughout the wood.
-
wood packaging material,
in the form of packing
cases, boxes, crates,
drums and similar
packings, pallets, box
pallets and other load
boards, pallet collars,
dunnage, whether or not
actually in use in the
transport of objects of all
kinds, except dunnage
supporting consignments
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignment and which
meets the same European
Union phytosanitary
requirements as the wood
in the consignment,
but including wood which
has not kept its natural
round surface, and
furniture and other objects
made of untreated wood,
originating in Canada,
China, Democratic
People's Republic of
Korea, Japan, Mongolia,
Republic of Korea,
Russia, Taiwan and USA
2.4.Whether or not listed
Official statement that the wood originates in an
among CN codes in
area recognised as being free from Agrilus
Schedule V, Part B, wood
planipennis Fairmaire in accordance with the
in the form of chips,
procedure referred to in Article 18(2) of Directive
particles, sawdust,
2000/29/EC. The name of the area shall be
shavings, wood waste and
mentioned on the certificates referred to in Article
scrap obtained in whole or
13.1.(ii) of Directive 2000/29/EC.
in part from Fraxinus L.,
Juglans ailantifolia Carr.,
Juglans mandshurica
Maxim., Ulmus davidiana
Planch. and Pterocarya
rhoifolia Siebold & Zucc.
originating in Canada,
China, Democratic
People's Republic of
Korea, Japan, Mongolia,
Republic of Korea,
Russia, Taiwan and USA
PLANT QUARANTINE (HARMFUL ORGANISMS)
2.5.Whether or not listed
Official statement that the bark originates in an
among CN codes in
area recognised as being free from Agrilus
Schedule V, Part B,
planipennis Fairmaire in accordance with the
isolated bark and objects
procedure referred to in Article 18(2). The name
made of bark of Fraxinus
of the area shall be mentioned on the certificates
L., Juglans ailantifolia
referred to in Article 13.1.(ii).
Carr., Juglans
mandshurica Maxim.,
Ulmus davidiana Planch.
and Pterocarya rhoifolia
Siebold & Zucc.
originating in Canada,
China, Democratic
People's Republic of
Korea, Japan, Mongolia,
Republic of Korea,
Russia, Taiwan and USA
3. Wood of Quercus Official statement that the wood
L., other than in the form of
(a)
is squared so as to remove e ntirelythe
-chips,
particles,
sawdust, rounded surface, or
shavings, wood waste and (b)
is bark-free and the water content is less than
scrap,
20%,expressed as a percentage of dry matter, or
-casks, barrels, vats, tubs and (c)
is bark-free and has been disinfected by an
other coopers' products and appropriate hot-air or hot water treatment, or
parts thereof,
of
wood, (d)if sawn, with or without residual bark attached, has
including staves where there is undergone kiln-drying to below 20% moisture content,
documented evidence that the expressed as a percentage of dry matter, achieved
wood has been produced or through an appropriate time/temperature schedule.
manufactured
using
heat There shall be evidence thereof by a mark "kiln-dried" or
treatment
to
achieve
a "K.D." or another internationally recognised mark, put
minimum temperature of 176°C on the wood or on any wrapping in accordance with
for 20 minutes,
current usage.
-Wood packaging material, in
the form of packing cases,
boxes, crates, drums and similar
packings, pallets, box pallets
and other load boards, pallet
collars, dunnage, whether or not
actually in use in the transport
of objects of all kinds, except
dunnage
supporting
consignments of wood, which is
constructed from wood of the
same type and quality as the
wood in the consignment and
which meets the same European
Union
phytosanitary
requirements as the wood in the
consignment,
-but including wood which has
not kept its natural round
surface, originating in the USA
4. (Deleted by L.N. 55 of 2005)
4.1.Whether or not listed
Official statement that
among CN codes in
(a) the bark and at least 2.5 cm of the outer sapwood
Schedule V, Part B, wood
are removed in a facility authorised and supervised
of Betula L., other than in
by the national plant protection organisation, or
the form of
(b) the wood has undergone ionizing irradiation to
achieve a minimum absorbed dose of 1 kGy
-
chips, particles, sawdust,
throughout the wood.
shavings, wood waste and
scrap obtained in whole or
part from these trees,
-
wood packaging material,
in the form of packing
cases, boxes, crates, drums
and similar packings,
pallets, box pallets and
other load boards, pallet
collars, dunnage, whether
or not actually in use in the
transport of objects of all
kinds, except dunnage
supporting consignments
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignment and which
meets the same European
Union phytosanitary
requirements as the wood
in the consignment,
but including wood which
has not kept its natural
round surface, and
furniture and other objects
made of untreated wood,
originating in Canada and
the USA where Agrilus
anxius Gory is known to
occur.
4.2.Whether or not listed
Official statement that the wood originates in a country
among CN codes in
known to be free of Agrilus anxius Gory.
Schedule V, Part B, wood
chips, particles, sawdust,
shavings, wood waste and
scrap obtained in whole or
in part from Betula L.
4.3.Whether or not listed
Official statement that the bark is free from wood.
among CN codes in
Schedule V, Part B, bark
and objects made of bark
of Betula L., originating in
Canada and the USA
where Agrilus anxius Gory
is known to occur.
5. Whether or not listed among
Official statement that the wood
the CN codes in Part B of
(a) originates in an area established by the national
plant protection organisation in the country of origin as
Schedule V, wood of
being free from Ceratocystis platani (J. M. Walter)
Platanus L., except
Engelbr. & T. C. Harr. in accordance with the relevant
-
wood packaging material,
International Standards for Phytosanitary Measures,
in the form of packing
which is mentioned on the certificates referred to in
cases, boxes, crates, drums
Article 13(1)(ii) of Directive 2000/29/EC under the
and similar packings,
rubric ‘Additional declaration’,
pallets, box pallets and
or
other load boards, pallet
(b) has undergone kiln-drying to below 20% moisture
collars, dunnage, whether
content, expressed as a percentage of dry matter,
or not actually in use in the
achieved through an appropriate time/temperature
transport of objects of all
schedule. There shall be evidence thereof by a mark
kinds, except dunnage
‘kiln-dried’ or ‘KD’ or another internationally
supporting consignments
recognised mark, put on the wood or on any wrapping
of wood, which is
in accordance with current usage.
constructed from wood of
the same type and quality
as the wood in the
consignment and which
meets the same Union
phytosanitary requirements
as the wood in the
consignment,
- but including wood which
has not kept its natural round
surface, and wood in the form
of chips, particles, sawdust,
shavings, wood waste and
scrap obtained in whole or in
part from Platanus L.,
originating
in
Albania,
Armenia, Switzerland, Turkey
and the USA
6. Wood of Populus L.,
Official statement that the wood
except that in the form of
(a) is bark-free, or
(b) has undergone kiln-drying to below 20% moisture
-
chips, particles, sawdust,
content, expressed as a percentage of dry matter,
shavings, wood waste and
achieved through an appropriate time/temperature
scrap,
schedule. There shall be evidence thereof by a mark
-
wood packaging material,
"kiln-dried" or "K.D." or another internationally
in the form of packing
recognised mark, put on the wood or on any
cases, boxes, crates, drums
wrapping in accordance with current usage
and similar packings,
pallets, box pallets and
other load boards, pallet
collars, dunnage, whether
or not actually in use in the
transport of objects of all
kinds, except dunnage
supporting consignments
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignment and which
meets the same European
Union phytosanitary
requirements as the wood
in the consignment,
but including wood which
has not kept its natural
round surface, originating
in countries of the
American continent.
7.1.1.Whether or not listed
Official statement that the wood
among the CN codes in
(a) has been produced from debarked round wood; or
Schedule V, Part B, wood
(b) has undergone kiln-drying to below 20% moisture
in the form of chips,
content, expressed as a percentage of dry matter
particles, sawdust,
achieved through an appropriate time/temperature
shavings, wood waste and
schedule, or
scrap and obtained in
(c) has undergone an appropriate fumigation to a
whole or in part from
specification approved in accordance with the
procedure referred to in Article 18(2) of Directive
-
Acer saccharum Marsh.,
2000/29/EC. There shall be evidence of the
originating in the USA and
fumigation by indicating on the certificates
Canada,
referred to in Article 13(1)(ii) of Directive 2000/
-
Polulus L., originating in
29/EC, the active ingredient, the minimum wood
the American continent.
temperature, the rate (g/m 3 ) and the exposure time
(h), or
(d) has undergone an appropriate heat treatment to
achieve a minimum temperature of 56°C for a
minimum duration of 30 continuous minutes
throughout the entire profile of the wood
(including at its core), the latter to be indicated on
the certificates referred to in Article 13.1.(ii) of
Directive 2000/29/EC.
7.2.Whether or not listed
Official statement that the wood
among the CN codes in
(a) has undergone kiln-drying to below 20% moisture
Schedule V, Part B, wood
content, expressed as a percentage of dry matter,
in the form of chips,
achieved through an appropriate time/temperature
particles, sawdust,
schedule, or
shavings, wood waste and
(b) has undergone an appropriate fumigation to a
scrap and obtained in
specification approved in accordance with the
whole or in part from
procedure laid down in Article 18.2. of Directive
Quercus L., originating in
2000/29/EC. There shall be evidence of the
the USA.
fumigation by indicating on the certificates
referred to in Article 13.1.(ii) of Directive 2000/
29/EC, the active ingredient, the minimum wood
temperature, the rate (g/m 3 ) and the exposure
time (h), or
(c) has undergone an appropriate heat treatment to
achieve a minimum temperature of 56°C for a
minimum duration of 30 continuous minutes
throughout the entire profile of the wood
(including at its core), the latter to be indicated on
the certificates referred to in Article 13.1.(ii).
7.3.Isolated bark of conifers
Official statement that the isolated bark
(Coniferales), originating
(a) has been subjected to an appropriate fumigation
in non-European countries
with a fumigant approved in accordance with the
procedure laid down in Article 18.2. of Directive
2000/29/EC. There shall be evidence thereof by
indicating on the certificates referred to in Article
13.1.(ii) of Directive 2000/29/EC, the active
ingredient, the minimum bark temperature, the
rate (g/m 3 ) and the exposure time (h), or
(b) has undergone an appropriate heat treatment to
achieve a minimum temperature of 56°C for a
minimum duration of 30 continuous minutes
throughout the entire profile of the bark
(including at its core), the latter to be indicated on
the certificates referred to in Article 13.1.(ii) of
Directive 2000/29/EC, and official statement that
subsequent to its treatment the bark was
transported until leaving the country issuing that
statement outside of the flight season of the
vector Monochamus, taking into account a safety
margin of four additional weeks at the beginning
and at the end of the expected flight season, or
with a protective covering ensuring that
infestation with Bursaphelenchus xylophilus
(Steiner et Bührer) Nickle et al. or its vector
cannot occur.
7.4.Whether or not listed
Official statement that the wood
among the CN codes in
(a) originates in an area free from Saperda candida
Part B of Schedule V,
Fabricius, established by the national plant
wood of Amelanchier
protection organisation in the country of origin, in
Medik., Aronia Medik.,
accordance with the relevant International
Cotoneaster Medik.,
Standards for Phytosanitary Measures, which is
Crataegus L., Cydonia
mentioned on the certificates referred to in these
Mill., Malus Mill., Prunus
regulations under the rubric ‘Additional
L., Pyracantha M. Roem.,
declaration’, or
Pyrus L. and Sorbus L.,
(b) has undergone an appropriate heat treatment to
other than in the form of
achieve a minimum temperature of 56 °C for a
minimum duration of 30 continuous minutes
-
chips, sawdust and
throughout the entire profile of the wood, which is
shavings, obtained in
to be indicated on the certificates referred to in
whole or part from these
Article 13(1)(ii) of Directive 2000/29/EC, or
plants,
-
wood packaging material,
(c) has undergone an appropriate ionising radiation to
in the form of packing
achieve a minimum absorbed dose of 1 kGy
cases, boxes, crates, drums
throughout the wood, to be indicated on the
and similar packings,
certificates referred to in Article 13(1)(ii) of
pallets, box pallets and
Directive 2000/29/EC.
other load boards, pallet
collars, dunnage, whether
or not actually in use in the
transport of objects of all
kinds, except dunnage
supporting consignments
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignments and which
meets the same Union
phytosanitary requirements
as the wood in the
consignment,
but including that which
has not kept its natural
round surface, originating
in Canada and the USA.
7.5.Whether or not listed
Official statement that the wood
among the CN codes in
(a) originates in an area established by the national
Part B of Schedule V,
plant protection organisation in the country of
wood in the form of chips
origin as being free from Saperda candida
obtained in whole or part
Fabricius in accordance with the relevant
from Amelanchier Medik.,
International
Standards
for
Phytosanitary
Aronia Medik.,
Measures, which is mentioned on the certificates
Cotoneaster Medik.,
referred to in these Regulations under the rubric
Crataegus L., Cydonia
‘Additional declaration’, or
Mill., Malus Mill., Prunus
(b) has been processed into pieces of not more than 2,5
L., Pyracantha M. Roem.,
cm thickness and width, or
Pyrus L. and Sorbus L.,
(c) has undergone an appropriate heat treatment to
originating in Canada and
achieve a minimum temperature of 56 °C for a
the USA.
minimum duration of 30 minutes throughout the
entire profile of the chips, which is to be
indicated on the certificates referred to in
Article 13(1)(ii) of Directive 2000/29/EC.
7.6. Whether or not listed
Without prejudice to the provisions applicable to wood
among the CN codes in
referred to in Schedule IV (A)(I)(7.4.) and (7.5.),
official statement that the wood
Part B of Schedule V,
originates in an area free from Aromia bungii
wood of Prunus L., other
(Falderman), established by the national plant
than in the form of
protection organisation in the country of origin, in
-
chips, particles, sawdust,
accordance with the relevant International Standards
shavings, wood waste and
for Phytosanitary Measures, which is mentioned on the
scrap, obtained in whole or
certificates referred to in Article 13(1)(ii) of Directive
part from these plants,
2000/29/EC under the rubric ‘Additional declaration’,
or
-
wood packaging material,
has undergone an appropriate heat treatment to achieve
in the form of packing
a minimum temperature of 56 °C for a minimum
cases, boxes, crates, drums
duration of 30 continuous minutes throughout the entire
and similar packings,
profile of the wood, which is to be indicated on the
pallets, box pallets and
certificates referred to in Article 13(1)(ii) of Directive
other load boards, pallet
2000/29/EC,
collars, dunnage, whether
or
or not actually in use in the
has undergone an appropriate ionising radiation to
transport of objects of all
achieve a minimum absorbed dose of 1 kGy throughout
kinds, except dunnage
the wood, to be indicated on the certificates referred to
supporting consignments
in Article 13(1)(ii) of Directive 2000/29/EC.
of wood, which is
constructed from wood of
the same type and quality
as the wood in the
consignments and which
meets the same Union
phytosanitary requirements
as the wood in the
consignment,
but including that which
has not kept its natural
round surface, originating
in China, Democratic
People's Republic of
Korea, Mongolia, Japan,
Republic of Korea and
Vietnam
7.7. Whether or not listed
Without prejudice to the provisions applicable to wood
among the CN codes in
referred to in Schedule IV (A)(I)(7.4.) and (7.5.) and
(7.6.), official statement that the wood
Part B of Schedule V,
originates in an area established by the national plant
wood in the form of chips,
protection organisation in the country of origin as being
particles, sawdust,
free from Aromia bungii (Faldermann) in accordance
shavings, wood waste and
with the relevant International Standards for
scrap obtained in whole or
Phytosanitary Measures, which is mentioned on the
part from Prunus L.,
certificates referred to in Article 13(1)(ii) of Directive
originating in China,
2000/29/EC under the rubric ‘Additional declaration’,
Democratic People's
or
Republic of Korea,
has been processed into pieces of not more than 2,5 cm
Mongolia, Japan, Republic
thickness and width,
of Korea and Vietnam
or
has undergone an appropriate heat treatment to achieve
a minimum temperature of 56 °C for a minimum
duration of 30 minutes throughout the entire profile of
the wood, which is to be indicated on the certificates
referred to in Article 13(1)(ii) of Directive 2000/29/EC.
8. (Deleted by L.N. 334 of 2014)
8.1.Plants of conifers
Without prejudice to the prohibitions applicable to the
(Coniferales), other than
plants listed in Schedule III(A)(1), where appropriate,
fruit and seeds, originating
official statement that the plants have been produced in
in non-European countries
nurseries and that the place of production is free from
Pissodes spp. (non-European).
8.2.Plants of conifers
Without prejudice to the prohibitions applicable to the
(Coniferales), other than
plants listed in Schedule III(A)(1), and Schedule
fruit and seeds, over 3m in
IV(A)(I)(8.1), where appropriate, official statement
height, originating in non-
that the plants have been produced in nurseries and that
European countries
the place of production is free from Scolytidae spp.
(non-European).
9. Plants of Pinus L.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III (A)(1) and Schedule
than seeds
IV(A)(1)(8.1), (8.2), official statement that no
symptoms of Scrirrhia acicola (Dearn.) Siggers or
Scrirrhia pini Funk and Parker have been observed at
the place of production or its immediate vicinity since
the beginning of the last complete cycle of vegetation.
10. Plants of Abies Mill., Larix
Without prejudice to the provisions applicable to the
Mill., Picea A. Dietr.,
plants listed in Schedule III(A)(1), and Schedule
Pinus L., Pseudotsuga
IV(A)(I)(8.1), (8.2) or (9), where appropriate, official
Carr. and Tsuga Carr.,
statement that no symptoms of Melampsora medusae
intended for planting, other
Thümen have been observed at the place of production
than seeds
or its immediate vicinity since the beginning of the last
complete cycle of vegetation.
11.01.Plants of Quercus L.,
Without prejudice to the provisions applicable to the
other than fruit and seeds,
plants listed in Schedule III(A)(2), official statement
originating in the USA
that the plants originate in areas known to be free from
Ceratocystis fagacearum (Bretz) Hunt.
11.1.Plants of Castanea Mill.
Without prejudice to the prohibitions applicable to the
and Quercus L., other than
plants listed in Schedule III(A)(2), and Schedule
fruit and seeds, originating
IV(A)(I)(11.01), official statement that no symptoms
in non-European countries
of Cronartium spp. (non-European) have been
observed at the place of production or its immediate
vicinity since the beginning of the last complete cycle
of vegetation.
11.2.Plants of Castanea Mill.
Without prejudice to the provisions applicable to the
and Quercus L., intended
plants listed in Schedule III(A)(2), and Schedule
for planting, other than
IV(A)(I)(11.1), official statement that -
seeds
(a) the plants originate in areas known to be free from
Cryphonectria parasitica (Murrill) Barr, or
(b) no symptoms of Cryphonectria parasitica (Murrill)
Barr have been observed at the place of production
or its immediate vicinity since the beginning of the
last complete cycle of vegetation.
11.3.Plants of Corylus L.,
Official statement that the plants have been grown in
intended for planting, other
nurseries and
than seeds, originating in
(a) originate in an area, established in the country of
Canada and the United
export by the national plant protection service in
States of America
that country, as being free from Anisogramma
anomala (Peck) E. Müller, in accordance with
relevant International Standards for Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations under
the rubric "Additional declaration", or
(b) originate in a place of production, established in the
country of export by the national plant protection
service in that country, as being free from
Anisogramma anomala (Peck) E. Müller, on
official inspections carried out at the place of
production or its immediate vicinity since the
beginning of the last three complete cycles of
vegetation, in accordance with relevant
International
Standards
for
Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations under
the rubric "Additional declaration", and declared
free from Anisogramma anomala (Peck) E. Müller.
11.4.Plants of Fraxinus L.,
Official statement that the plants originate in an area
Juglans ailantifolia Carr.,
recognised as being free from Agrilus planipennis
Fairmaire in accordance with the procedure referred to
Juglans mandshurica
Maxim., Ulmus davidiana
in Article 18(2) of Directive 2000/29/EC. The name of
Planch. and Pterocarya
the area shall be mentioned on the certificates referred
rhoifolia Siebold & Zucc.,
to in Article 13.1.(ii) of Directive 2000/29/EC.
other than fruit and seeds,
but including cut branches
with or without foliage,
originating in Canada,
China, Democratic
People's Republic of
Korea, Japan, Mongolia,
Republic of Korea,
Russia, Taiwan and USA
11.4.1. Plants of Juglans L.
Without prejudice to the provisions applicable to the
and Pterocarya Kunth,
plants referred to in Schedule IV(A)I(11.4.), official
intended for planting, other
statement that the plants for planting
than seeds, originating in
(a) have been grown throughout their life in an area
the USA
free from Geosmithia morbida Kolarík, Freeland, Utley
& Tisserat and its vector Pityophthorus juglandis
Blackman, established by the national plant protection
organisation in accordance with relevant International
Standards for Phytosanitary Measures, and which is
mentioned on the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC under the rubric
‘Additional declaration’,
or
(b) originate in a place of production, including its
vicinity of at least 5 km radius, where neither
symptoms of Geosmithia morbida Kolarík, Freeland,
Utley & Tisserat and its vector Pityophthorus juglandis
Blackman, nor the presence of the vector, have been
observed during official inspections within a period of
two years prior to export; the plants for planting have
been inspected immediately prior to export and handled
and packaged in ways to prevent infestation after
leaving the place of production,
or
originate in a place of production, with complete
physical isolation, and plants for planting have been
inspected immediately prior to export and handled and
packaged in ways to prevent infestation after leaving
the place of production.
11.5.Plants of Betula L., other
Official statement that the plants originate in a country
than fruit and seeds, but
known to be free of Agrilus anxius Gory.
including cut branches of
Betula L. with or without
foliage
12.Plants of Platanus L.,
Official statement that the plants
intended for planting,
originate in an area established by the national plant
other than seeds,
protection organisation in the country of origin as being
originating in Albania,
free from Ceratocystis platani (J. M. Walter) Engelbr.
Armenia, Switzerland,
& T. C. Harr. in accordance with the relevant
Turkey and the USA
International Standards for Phytosanitary Measures,
which is mentioned on the certificates referred to in
Article 13(1)(ii) of Directive 2000/29/EC under the
rubric ‘Additional declaration’,
or
no symptoms of Ceratocystis platani (J. M. Walter)
Engelbr. & T. C. Harr. have been observed at the
place of production or its immediate vicinity since the
beginning of the last complete cycle of vegetation..
13.1.Plants of Populus L.,
Without prejudice to the prohibitions applicable to the
intended for planting, other
plants listed in Schedule III(A)(3), official statement
than seeds, originating in
that no symptoms of Melampsora medusae Thümen
third countries
have been observed at the place of production or its
immediate vicinity since the beginning of the last
complete cycle of vegetation.
13.2.Plants of Populus L.,
Without prejudice to the provisions applicable to the
other than fruit and seeds,
plants listed in Schedule III(A)(3) and IV(A)(I)(13.1),
originating in countries of
official statement that no symptoms of Mycosphaerella
the American continent
populorum G. E. Thompson have been observed at the
place of production or its immediate vicinity since the
beginning of the last complete cycle of vegetation.
14. Plants of Ulmus L.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants in Schedule IV(A)(I)(11.4), official statement
than seeds, originating in
that no symptoms of ‘Candidatus Phytoplasma ulmi’
North American countries
have been observed at the place of production or in its
immediate vicinity since the beginning of the last
complete cycle of vegetation.
14.1.Plants intended for
Without prejudice to the provisions applicable to the
planting, other than scions,
plants in ScheduleIII(A)(9) and (18), Schedule
cuttings, plants in tissue
III(B)(1), (2) or Schedule IV(A)(I), (17), (19.1), (19.2),
culture, pollen and seeds,
(20), (22.1), (22.2), (23.1) and (23.2) where
of Amelanchier Medik.,
appropriate, official statement that the plants
Aronia Medik.,
(a) have been grown throughout their life in an area
Cotoneaster Medik.,
free from Saperda candida Fabricius, established
Crataegus L., Cydonia
by the national plant protection organisation in the
Mill., Malus Mill., Prunus
country of origin, in accordance with relevant
L., Pyracantha M. Roem.,
International
Standards
for
Phytosanitary
Pyrus L. and Sorbus L.
Measures, which is mentioned on the certificates
originating in Canada and
referred to in these regulations, under the rubric
the USA.
‘Additional declaration’, or
(b) have been grown during a period of at least two
years prior to export, or in the case of plants which
are younger than two years have been grown
throughout their life, in a place of production
established as free from Saperda candida Fabricius
in accordance with relevant International Standards
for Phytosanitary Measures
(i) which is registered and supervised by the national
plant protection organisation in the country of
origin, and
(ii) which has been subjected annually to two official
inspections for any signs of Saperda candida
Fabricius carried out at appropriate times, and
(iii) where the plants have been grown in a site
- with complete physical protection against the
introduction of Saperda candida Fabricius, or
- with the application of appropriate preventive
treatments and surrounded by a buffer zone with a
width of at least 500m where the absence of
Saperda candida Fabricius was confirmed by
official surveys carried out annually at
appropriate times, and
(iv)immediately prior to export the plants have been
subjected to a meticulous inspection for the
presence of Saperda candida Fabricius, in
particular in the stems of the plant, including,
where appropriate, destructive sampling.
14.2. Plants intended for
Without prejudice to the provisions applicable to the
planting, other than plants
plants in Schedule III(A) (9) and (18), Schedule
in tissue culture and seeds,
III(B)(1), or Schedule IV(A)(I), (14.1.), (17), (19.1.),
of Crataegus L., Cydonia
(19.2.), (20), (22.1.), (22.2.), (23.1.) and (23.2.) where
Mill., Malus Mill., Prunus
appropriate, official statement that the plants
L., Pyrus L. and Vaccinium
have been grown throughout their life in an area free
L. originating in Canada,
from Grapholita packardi Zeller, established by the
Mexico and the USA
national plant protection organisation in the country of
origin, in accordance with relevant International
Standards for Phytosanitary Measures, which is
mentioned on the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC, under the rubric
‘Additional declaration’, provided that this freedom
status has been communicated in advance in writing by
the national plant protection organisation of the third
country concerned to the Commission;
or
have been grown throughout their life, in a place of
production established as free from Grapholita
packardi Zeller in accordance with relevant
International Standards for Phytosanitary Measures
which is registered and supervised by the national plant
protection organisation in the country of origin,
and
which has been subjected to inspections annually for
any signs of Grapholita packardi Zeller carried out at
appropriate times,
and
where the plants have been grown in a site with the
application of appropriate preventive treatments and
where the absence of Grapholita packardi Zeller was
confirmed by official surveys carried out annually at
appropriate times,
and
immediately prior to export the plants have been
subjected to a meticulous inspection for the presence of
Grapholita packardi Zeller;
or
have been grown in a site with complete physical
protection against the introduction of Grapholita
packardi Zeller.’
15. (Deleted by L.N. 334 of 2014)
16. (Deleted by L.N. 334 of 2014)
16.1.Fruits of Citrus L.,
The fruits shall be free from peduncles and leaves and
Fortunella Swingle,
the packaging shall bear an appropriate origin mark.
Poncirus Raf., and their
hybrids, originating in
third countries
16.2.Fruits of Citrus L.,
Without prejudice to the provisions applicable to the
Fortunella Swingle,
fruits in Schedule IV(A)(I)(16.1), (16.3), (16.4), (16.5)
Poncirus Raf.,
and (16.6), official statement that
Microcitrus Swingle,
(a) the fruits originate in a country recognised as being
Naringi Adans., Swinglea
free of Xanthomonas citri pv. citri and
Merr., and their hybrids,
Xanthomonas citri pv. aurantifolii in accordance
originating in third
with relevant International Standards for
countries
Phytosanitary Measures, provided that this freedom
status has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission, or
(b) the fruits originate in an area established by the
national plant protection organisation in the
country of origin as being free from Xanthomonas
citri pv. citri and Xanthomonas citri pv.
aurantifolii, in accordance with the relevant
International
Standards
for
Phytosanitary
Measures, which is mentioned on the certificates
referred to in these regulations under the rubric
‘Additional declaration’, provided that this
freedom status has been communicated in
advance in writing by the national plant protection
organisation of the third country concerned to the
Commission, or
(c) the fruits originate in a place of production
established by the national plant protection
organisation in the country of origin as being free
from Xanthomonas citri pv. citri and
Xanthomonas citri pv. aurantifolii in accordance
with relevant International Standards for
Phytosanitary Measures, which is mentioned on
the certificates referred to in these regulations
under the rubric ‘Additional declaration’, or
(d) the site of production and the immediate vicinity
are subject to appropriate treatments and cultural
practices against Xanthomonas citri pv. citri and
Xanthomonas citri pv. aurantifolii, and
the fruits have been subjected to a treatment with
sodium orthophenylphenate, or another effective
treatment mentioned on the certificates referred to
in Article 13(1)(ii) of Directive 2000/29/EC,
provided that the treatment method has been
communicated in advance in writing by the national
plant protection organisation of the third country
concerned to the Commission, and
official inspections carried out at appropriate times
prior to export have shown that the fruits are free
from symptoms of Xanthomonas citri pv. citri and
Xanthomonas citri pv. aurantifolii, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC, or and
the site of production and the immediate vicinity
are subject to appropriate treatments and cultural
practices against Xanthomonas citri pv. citri and
Xanthomonas citri pv. aurantifolii, and
movement, storage and processing takes place
under conditions, approved in accordance with the
procedure referred to in Article 18(2) of Directive
2000/29/EC, and
the fruits have been transported in individual
packages bearing a label, which contains a
traceability code and the indication that the fruits
are destined for industrial processing, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC.
(e) in the case of fruits destined for industrial
processing, official inspections prior to export have
shown that the fruits are free from symptoms of
Xanthomonas citri pv. citri and Xanthomonas citri
pv. aurantifolii,
16.3.Fruits of Citrus L.,
Without prejudice to the provisions applicable to the
Fortunella Swingle,
fruits in Schedule IV(A)(I)(16.1), (16.2), (16.4) and
Poncirus Raf., and their
(16.5), official statement that
hybrids, originating in
third countries
Without prejudice to the provisions applicable to the
fruits in Schedule IV(A)(I)(16.1), (16.2), (16.4) and
(16.5), official statement that
(a) the fruits originate in a country recognised as being
free from Cercospora angolensis Carv. et Mendes
in accordance with relevant International Standards
for Phytosanitary Measures, provided that this
freedom status has been communicated in advance
in writing by the national plant protection
organisation of the third country concerned to the
Commission, or
(b) the fruits originate in an area recognised as being
free from Cercospora angolensis Carv. et Mendes,
in accordance with the relevant International
Standards for Phytosanitary Measures, which is
mentioned on the certificates referred to in these
regulations under the rubric ‘Additional
declaration’, provided that this freedom status has
been communicated in advance in writing by the
national plant protection organisation of the third
country concerned to the Commission, or
(c) no symptoms of Cercospora angolensis Carv. et
Mendes have been observed in the site of
production and in its immediate vicinity since the
beginning of the last cycle of vegetation, and none
of the fruits harvested in the site of production has
shown, in appropriate official examination,
symptoms of this organism.
16.4.Fruits of Citrus L.,
Fortunella Swingle,
Poncirus Raf., and their
hybrids, other than fruits of
Citrus aurantium L. and
Citrus latifolia Tanaka,
originating in third
countries
Without prejudice to the provisions applicable to the
fruits in Schedule IV(A)(I)(16.1), (16.2), (16.3), (16.5),
and (16.6), official statement that
(a) the fruits originate in a country recognised as free
from Phyllosticta citricarpa (McAlpine) Van der
Aa, in accordance with relevant International
Standards for Phytosanitary Measures, provided
that this freedom status has been communicated in
advance in writing by the national plant protection
organisation of the third country concerned to the
Commission, or
(b) the fruits originate in an area established by the
national plant protection organisation in the country
of origin as being free from Phyllosticta citricarpa
(McAlpine) Van der Aa in accordance with
relevant International Standards for Phytosanitary
Measures, which is mentioned on the certificates
referred to in these regulations under the rubric
‘Additional declaration’, provided that this freedom
status has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission, or
(c) the fruits originate in a place of production
established by the national plant protection
organisation in the country of origin as being free
from Phyllosticta citricarpa (McAlpine) Van der
Aa in accordance with relevant International
Standards for Phytosanitary Measures, which is
mentioned on the certificates referred to in these
regulations under the rubric ‘Additional
declaration’, and
the fruits are found free of symptoms of
Phyllosticta citricarpa (McAlpine) Van der Aa by
official inspection of a representative sample,
defined in accordance with international
standards, or
(d) the fruits originate in a site of production subjected
to appropriate treatments and cultural measures
against Phyllosticta citricarpa (McAlpine) van der
Aa, and
official inspections have been carried out in the
site of production during the growing season since
the beginning of the last cycle of vegetation, and
no symptoms of Phyllosticta citricarpa
(McAlpine) van der Aa have been detected in the
fruits, and
the harvested fruits from that site of production
are found free of symptoms of Phyllosticta
citricarpa (McAlpine) Van der Aa during an
official inspection prior to export, of a
representative sample, defined in accordance with
international standards, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC, or
(e) in the case of fruits destined for industrial
processing, the fruits have been found free of
symptoms of Phyllosticta citricarpa (McAlpine)
Van der Aa prior to the export during an official
inspection of a representative sample, defined in
accordance with international standards, and
a statement that the fruits originate in a site of
production subjected to appropriate treatments
against Phyllosticta citricarpa (McAlpine) Van
der Aa carried out at the appropriate time is
included in the certificates referred to in these
regulations under the rubric ‘Additional
declaration’, and
movement, storage and processing takes place
under conditions, approved in accordance with the
procedure referred to in Article 18(2) of Directive
2000/29/EC, and
the fruits have been transported in individual
packages bearing a label, which contains a
traceability code and the indication that the fruits
are destined for industrial processing, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC.
16.5. Fruits of Citrus L.,
Without prejudice to the provisions applicable to the
Fortunella Swingle,
fruits in Schedule IV (A)(I) (16.1.), (16.2.), (16.3.),
Poncirus Raf., and their
(16.4.), and (16.6.) official statement that
hybrids, Mangifera L. and
the fruits originate in a country recognised as free from
Prunus L.
Tephritidae (non- European), to which those fruits are
known to be susceptible, in accordance with relevant
International Standards for Phytosanitary Measures,
provided that this freedom status has been
communicated in advance in writing by the national
plant protection organisation of the third country
concerned to the Commission,
or
the fruits originate in an area established by the national
plant protection organisation in the country of origin as
being free from Tephritidae (non- European), to which
those fruits are known to be susceptible, in accordance
with relevant International Standards for Phytosanitary
Measures, which is mentioned on the certificates
referred to in Article 13(1)(ii) of Directive 2000/29/EC
under the rubric ‘Additional declaration’, provided that
this freedom status has been communicated in advance
in writing by the national plant protection organisation
of the third country concerned to the Commission,
or
no signs of Tephritidae (non-European), to which those
fruits are known to be susceptible, have been observed
at the place of production and in its immediate vicinity
since the beginning of the last complete cycle of
vegetation, on official inspections carried out at least
monthly during the three months prior to harvesting,
and none of the fruits harvested at the place of
production has shown, in appropriate official
examination, signs of the relevant organism
and
information on traceability is included in the certificates
referred to in Article 13(1)(ii) of Directive 2000/29/EC,
or
have been subjected to an effective treatment to ensure
freedom from Tephritidae (non-European), to which
those fruits are known to be susceptible, and the
treatment data should be indicated on the certificates
referred to in Article 13(1)(ii) of Directive 2000/29/EC,
provided that the treatment method has been
communicated in advance in writing by the national
plant protection organisation of the third country
concerned to the Commission.
16.6. Fruits of Capsicum (L.),
Without prejudice to the provisions applicable to the
Citrus L., other than Citrus
fruits in Schedule IV(A)(I) (16.1.), (16.2.), (16.3.),
limon (L.) Osbeck. and
(16.4.), (16.5.) and (36.3.), official statement that the
fruits
Citrus aurantiifolia
(Christm.) Swingle,
originate in a country recognised as being free from
Prunus persica (L.) Batsch
Thaumatotibia leucotreta (Meyrick) in accordance with
and Punica granatum L.
relevant International Standards for Phytosanitary
originating in countries of
Measures, provided that this freedom status has been
the African continent,
communicated in advance in writing by the national
Cape Verde, Saint Helena,
plant protection organisation of the third country
Madagascar, La Reunion,
concerned to the Commission,
Mauritius and Israel
or
originate in an area established by the national plant
protection organisation in the country of origin as being
free from Thaumatotibia leucotreta (Meyrick), in
accordance with the relevant International Standards
for Phytosanitary Measures, which is mentioned on the
certificates referred to in Article 13(1)(ii) of Directive
2000/29/EC under the rubric ‘Additional declaration’,
provided that this freedom status has been
communicated in advance in writing by the national
plant protection organisation of the third country
concerned to the Commission,
or
originate in a place of production established by the
national plant protection organisation in the country of
origin as being free from Thaumatotibia leucotreta
(Meyrick) in accordance with relevant International
Standards for Phytosanitary Measures and information
on traceability is included in the certificates referred to
in the Article 13(1)(ii) of Directive 2000/29/EC, and
official inspections have been carried out in the place of
production at appropriate times during the growing
season, including a visual examination on
representative samples of fruit, shown to be free from
Thaumatotibia leucotreta (Meyrick),
or
have been subjected to an effective cold treatment to
ensure freedom from Thaumatotibia leucotreta
(Meyrick) or another effective treatment to ensure
freedom from Thaumatotibia leucotreta (Meyrick) and
the treatment data should be indicated on the
certificates referred to in Article 13(1)(ii) of Directive
2000/29/EC, provided that the treatment method
together with documentary evidence of its effectiveness
has been communicated in advance in writing by the
national plant protection organisation of the third
country concerned to the Commission.
16.7. Fruits of Malus Mill.
Without prejudice to the provisions applicable to the
fruits in Schedule IV(A)(I) (16.8.), (16.9.) and (16.10.)
official statement that the fruits
originate in a country recognised as being free from
Enarmonia prunivora Walsh, Grapholita inopinata
Heinrich and Rhagoletis pomonella (Walsch) in
accordance with relevant International Standards for
Phytosanitary Measures, provided that this freedom
status has been communicated in advance in writing by
the national plant protection organisation of the third
country concerned to the Commission,
or
originate in an area established by the national plant
protection organisation in the country of origin as being
free from Enarmonia prunivora Walsh, Grapholita
inopinata Heinrich and Rhagoletis pomonella (Walsch)
in accordance with the relevant International Standards
for Phytosanitary Measures, which is mentioned on the
certificates referred to in Article 13(1)(ii) of Directive
2000/29/EC under the rubric ‘Additional declaration’,
provided that this freedom status has been
communicated in advance in writing by the national
plant protection organisation of the third country
concerned to the Commission,
or
originate in a place of production where official
inspections and surveys for the presence of Enarmonia
prunivora Walsh, Grapholita inopinata Heinrich and
Rhagoletis pomonella (Walsch) are carried out at
appropriate times during the growing season, including
a visual inspection of a representative sample of fruits,
shown to be free of the harmful organism(s) and
information on traceability is included in the
certificates referred to in Article 13(1)(ii) of Directive
2000/29/EC,
or
have been subjected to an effective treatment to ensure
freedom from Enarmonia prunivora Walsh, Grapholita
inopinata Heinrich and Rhagoletis pomonella (Walsch)
and the treatment data should be indicated on the
certificates referred to in Article 13(1)(ii) of Directive
2000/29/EC, provided that the treatment method has
been communicated in advance in writing by the
national plant protection organisation of the third
country concerned to the Commission.
16.8. Fruits of Malus Mill. and
Without prejudice to the provisions applicable to the
Pyrus L.
fruits in Schedule IV(A)(I) (16.7.), (16.9.) and (16.10.)
official statement that the fruits
(a) originate in a country recognised as being free from
Guignardia piricola (Nosa) Yamamoto in
accordance with relevant International Standards
for Phytosanitary Measures, provided that this
freedom status has been communicated in advance
in writing by the national plant protection
organisation of the third country concerned to the
Commission,
or
(b) originate in an area established by the national plant
protection organisation in the country of origin as
being free from Guignardia piricola (Nosa)
Yamamoto in accordance with the relevant
International
Standards
for
Phytosanitary
Measures, which is mentioned on the certificates
referred to in Article 13(1)(ii) of Directive 2000/29/
EC under the rubric ‘Additional declaration’,
provided that this freedom status has been
communicated in advance in writing by the national
plant protection organisation of the third country
concerned to the Commission,
or
(c) originate in a place of production where official
inspections and surveys for the presence of
Guignardia piricola (Nosa) Yamamoto are carried
out at appropriate times during the growing season,
including a visual inspection of a representative
sample of fruits, shown to be free of the harmful
organism and information on traceability is
included in the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC,
or
(d) have been subjected to an effective treatment to
ensure freedom from Guignardia piricola (Nosa)
Yamamoto and the treatment data should be
indicated on the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC, provided that
the treatment method has been communicated in
advance in writing by the national plant protection
organisation of the third country concerned to the
Commission.
16.9. Fruits of Malus Mill. and
Without prejudice to the provisions applicable to the
Pyrus L.
fruits in Schedule IV(A)(I) (16.7.), (16.8.) and
(16.10.) official statement that the fruits
(a) originate in a country recognised as being free from
Tachypterellus quadrigibbus Say in accordance
with relevant International Standards for
Phytosanitary Measures, provided that this freedom
status has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission,
or
(b) originate in an area established by the national plant
protection organisation in the country of origin as
being free from Tachypterellus quadrigibbus Say in
accordance with the relevant International
Standards for Phytosanitary Measures, which is
mentioned on the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC under the rubric
‘Additional declaration’, provided that this freedom
status has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission,
or
(c) originate in a place of production where official
inspections and surveys for the presence of
Tachypterellus quadrigibbus Say are carried out at
appropriate times during the growing season,
including a visual inspection of a representative
sample of fruits, shown to be free of the harmful
organism and information on traceability is
included in the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC ,
or
(d) have been subjected to an effective treatment to
ensure freedom from Tachypterellus quadrigibbus
Say and the treatment data should be indicated on
the certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC, provided that the treatment
method has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission.
16.10. Fruits of Malus Mill.,
Without prejudice to the provisions applicable to the
Prunus L., Pyrus L. and
fruits in Schedule IV(A)(I) (16.5.), (16.6.), (16.7.),
Vaccinium L., originating
(16.8) and (16.9.) official statement that the fruits
in Canada, Mexico and the
(a) originate in an area established by the national plant
USA
protection organisation in the country of origin as
being free from Grapholita packardi Zeller in
accordance with the relevant International
Standards for Phytosanitary Measures, which is
mentioned on the certificates referred to in Article
13(1)(ii) of Directive 2000/29/EC under the rubric
‘Additional declaration’, provided that this freedom
status has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission,
or
(b) originate in a place of production where official
inspections and surveys for the presence of
Grapholita packardi Zeller are carried out at
appropriate times during the growing season,
including an inspection of a representative sample
of fruits, shown to be free of the harmful organism
and information on traceability is included in the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC,
or
(c) have been subjected to an effective treatment to
ensure freedom from Grapholita packardi Zeller
and the treatment data should be indicated on the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC, provided that the treatment
method has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned to the
Commission.
17. Plants of Amelanchier
Without prejudice to the provisions applicable to the
Med., Chaenomeles Lindl,
plants listed in Schedule III(A)(9), (9.1), (18), Schedule
Cotoneaster Ehrh,
III(B) or Schedule IV) (A)(1)(15), where appropriate,
official statement
Crataegus l., Cydonia
Mill, Eriobotrya Lindl,
(a) that the plants originate in countries recognised as
Malus Mill, Mespilus L,
being free from Erwinia amylovora (Burr) Winsl
Photinia davidiana (Dcne.)
et al. in accordance with the procedure laid down
Cardot, Pyracantha
in Article 18(2) of Directive 2000/29/EC, or
Roem., Pyrus L. and
(b) that the plants originate in pest free areas which
Sorbus L., intended for
have been established in relation to Erwinia
planting, other than seeds
amylovora (Burr.) Winsl et. al in accordance with
the
relevant
International
Standard
for
Phytosanitary Measures and recognised as such in
accordance with the procedure laid down in
Article 18 (2) of Directive 2000/29/EC, or
(c) that the plants in the field of production and in its
immediate vicinity, which have shown symptoms
of Erwinia amylovora (Burr.) Winsl et al, have
been removed.
18. Plants of Citrus L.,
Without prejudice to the prohibitions applicable to the
Fortunella Swingle,
plants listed in Schedule III(A)(16), where appropriate,
Poncirus Raf., and their
official statement that
hybrids, other than fruit
(a) that the plants originate in countries known to be
and seeds and plants of
free from Radopholus citrophilus Huettel et al. and
Radopholus similis (Cobb) Thorne; or
Araceae, Marantaceae,
Musaceae, Persea spp. and
(b) representative samples of soil and roots from the
Strelitziaceae, rooted or
place of production have been subjected, since the
with growing medium
beginning of the last complete cycle of vegetation,
attached or associated
to official nematological testing for at least
Radopholus citrophilus Huettel et al. and
Radopholus similis (Cobb) Thorne and have been
found, in these tests, free from those harmful
organisms.
18.1.Plants of Aegle Corrêa,
Without prejudice to the provisions applicable to the
Aeglopsis Swingle,
plants in Schedule IV(A)(I)(18.2) and (18.3), official
Afraegle Engl, Atalantia
statement that the plants originate in a country
Corrêa, Balsamocitrus
recognised as being free from Candidatus Liberibacter
Stapf, Burkillanthus
spp., causal agent of Huanglongbing disease of citrus/
Swingle, Calodendrum
citrus greening, in accordance with the procedure
Thunb., Choisya Kunth,
referred to in Article 18(2) of Directive 2000/29/EC.
Clausena Burm. f.,
Limonia L., Microcitrus
Swingle., Murraya J.
Koenig ex L., Pamburus
Swingle, Severinia Ten.,
Swinglea Merr., Triphasia
Lour. and Vepris Comm.,
other than fruit (but
including seeds); and seeds
of Citrus L., Fortunella
Swingle and Poncirus
Raf., and their hybrids,
originating in third
countries
18.2. Plants of Casimiroa La
Without prejudice to the provisions applicable to the
Llave, Choisya Kunth
plants referred to in Schedule IV(A)I(18.1) and (18.3),
Clausena Burm. f.,
official statement that
Murraya J.Koenig ex L.,
(a) the plants originate in a country in which Trioza
Vepris Comm,
erytreae Del Guercio is known not to occur, or
Zanthoxylum L., other than
(b) the plants originate in an area free from Trioza
fruits and seeds,
erytreae Del Guercio, established by the national
originating in third
plant protection organisation in accordance with
countries
relevant International Standards for Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations under
the rubric ‘Additional declaration’, or
(c) the plants have been grown in a place of
production, which is registered and supervised by
the national plant protection organisation in the
country of origin, and
where the plants are placed in a site with complete
physical protection against the introduction of Trioza
erytreae Del Guercio, and
where, during the last complete cycle of vegetation
prior to the movement, two official inspections were
carried out at appropriate times and no signs of Trioza
erytreae Del Guercio have been observed in that site,
and in the surrounding area with a width of at least 200
m.
18.3.Plants of Aegle Corrêa,
Without prejudice to the provisions applicable to the
Aeglopsis Swingle,
plants in Schedule IV(A)I(18.1) and (18.2), official
Afraegle Engl., Amyris P.
statement that
Browne, Atalantia Corrêa,
(a) the plants originate in a country in which
Balsamocitrus Stapf,
Diaphorina citri Kuway is known not to occur, or
Choisya Kunth, Citropsis
(b) the plants originate in an area free from
Swingle & Kellerman,
Diaphorina citri Kuway, established by the
Clausena Burm. f.,
national plant protection organisation in
Eremocitrus Swingle,
accordance with relevant International Standards
Esenbeckia Kunth.,
for Phytosanitary Measures, and which is
Glycosmis Corrêa, Limonia
mentioned on the certificates referred to in Article
L., Merrillia Swingle,
13.1 (ii) of Directive 2000/29/EC under the rubric
Microcitrus Swingle,
"Additional declaration.
Murraya J. Koenig ex L.,
Naringi Adans., Pamburus
Swingle, Severinia Ten.,
Swinglea Merr., Tetradium
Lour., Toddalia Juss.,
Triphasia Lour., Vepris
Comm., Zanthoxylum L.,
other than fruit and seed,
originating in third
countries
18.4. Plants of Microcitrus
Without prejudice to the provisions applicable to the
Swingle, Naringi Adans.
plants in Schedule IV(A)I (18.1), (18.2) and (18.3),
and Swinglea Merr., other
official statement that the plants
than fruits and seeds,
(a) originate in a country recognised as being free of
originating in third
Xanthomonas citri pv. citri and Xanthomonas citri
countries
pv. aurantifolii in accordance with relevant
International
Standards
for
Phytosanitary
Measures, provided that this freedom status has
been communicated in writing by the national plant
protection organisation of the third country
concerned to the Commission, or
(b) originate in an area established by the national plant
protection organisation in the country of origin as
being free from Xanthomonas citri pv. citri and
Xanthomonas citri pv. aurantifolii, in accordance
with the relevant International Standards for
Phytosanitary Measures, which is mentioned on the
certificates referred to in these regulations under
the rubric ‘Additional declaration’, provided that
this freedom status has been communicated in
writing by the national plant protection
organisation of the third country concerned to the
Commission.
19.1.Plants of Crataegus L.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III(A)(9), and Schedule
than seeds, originating in
IV(A)(I)(15) and (17), official statement that no
countries where
symptoms of Phyllosticta solitaria Ell. and Ev. have
Phyllosticta solitaria Ell.
been observed on plants at the place of production since
and Ev. is known to occur
the beginning of the last complete cycle of vegetation.
19.2.Plants of Cydonia Mill.,
Without prejudice to the provisions applicable to the
Fragaria L., Malus Mill.,
plants where appropriate listed in Schedule III(A)(9),
Prunus L., Pyrus L., Ribes
and Schedule IV(A)(I)(15) and (17), official statement
L., Rubus L., intended for
that no symptoms of diseases caused by the relevant
planting, other than seeds,
harmful organisms have been observed on the plants at
originating in countries
the place of production since the beginning of the last
where the relevant harmful
complete cycle of vegetation.
organisms are known to
occur on the genera
concerned.
The relevant harmful
organisms are
-
on Fragaria L.
-
Phytophthora fragariae
Hickman, var., fragariae,
-
Arabis mosaic virus,
-
Raspberry ringspot virus,
-
Strawberry crinkle virus
-
Strawberry latent ringspot
virus
-
Strawberry mild yellow
edge virus,
-
Tomato black ring virus,
-
Xanthomonas fragariae
Kennedy et King;
-
on Malus Mill.
-
Phyllosticta solitaria Ell.
and Ev.;
-
on Prunus L.
-
Apricot chlorotic leafroll
mycoplasm,
-
Xanthomonas arboricola
pv. pruni (Smith) Vauterin
et al.
-
on Prunuspersica (L.)
Batsch
-
Pseudomonassyringae pv.
persicae (Prunier et al.)
Young et al.;
-
on Pyrus L.
-
Phyllosticta solitaria Ell.
and Ev;
-
on Rubus L.
-
Arabis mosaic virus,
-
Raspberry ringspot virus,
-
Strawberry latent ringspot
virus
-
Tomato black ring virus,
-
on all species
-
non-European viruses and
virus-like organisms.
20. Plants of Cydonia Mill.,
Without prejudice to the provisions applicable to the
and Pyrus L., intended for
plants where appropriate listed in Schedule III(A)(9)
planting, other than seeds,
and (18), and Schedule IV(A)(I)(15), (17) and (19.2),
originating in countries
official statement that plants at the place of production
where Pear decline
and in its immediate vicinity, which have shown
mycoplasm is known to
symptoms giving rise to the suspicion of contamination
occur
by Pear decline mycoplasm, have been rogued out at
that place within the last three complete cycles of
vegetation.
21.1.Plants of Fragaria L.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III(A)(18), and Schedule
than seeds, originating in
IV(A)(I)(19.2), official statement that
countries where the
(a) the plants, other than those raised from seed, have
relevant harmful organisms
been
are known to occur
- either officially certified under a certification
scheme requiring them to be derived in direct line
The relevant harmful
from material which has been maintained under
organisms are
appropriate conditions and subjected to official
testing for at least the relevant harmful organisms
-
Strawberry latent ‘C’ virus,
using appropriate indicators or equivalent methods
-
Strawberry vein banding
and has been found free, in these tests, from those
virus,
harmful organisms, or
- derived in direct line from material which is
-
Strawberry witches’ broom
maintained under appropriate conditions and has
mycoplasm
been subjected, within the last three complete
cycles of vegetation, at least once, to official testing
for at least the relevant harmful organisms using
appropriate indicators or equivalent methods and
has been found free, in these tests, from those
harmful organisms,
(b) no symptoms of diseases caused by the relevant
harmful organisms have been observed on plants at
the place of production, or on susceptible plants in
its immediate vicinity, since the beginning of the
last complete cycle of vegetation.
21.2.Plants of Fragaria L.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III(A)(18), and Schedule
than seeds, originating in
IV(A)(I)(19.2) and (21.1), official statement that
countries where
(a) either no symptoms of Aphelenchoides besseyi
Christie have been observed on plants at the place
Aphelenchoides besseyi
Christie is known to occur
of production since the beginning of the last
complete cycle of vegetation, or
(b) in the case of plants in tissue culture the plants have
been derived from plants which complied with
section (a) of this item or have been officially
tested by appropriate nematological methods and
have been found free from Aphelenchoides besseyi
Christie.
21.3.Plants of Fragaria L.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III(A)(18), and Schedule
than seeds
IV(A)(I)(19.2), (21.1) and (21.2), official statement
that the plants originate in an area known to be free
from Anthonomus signatus Say and Anthonomus
bisignifer (Schenkling).
22.1.Plants of Malus Mill.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III(A)(9) and (18), Schedule
than seeds, originating in
III(B)(I) and Schedule IV(A)(I)(15), (17) and (19.2),
countries where the
official statement that
relevant harmful organisms
(a) the plants have been
are known to occur on
- either officially certified under a certification
Malus Mill.
scheme requiring them to be derived in direct line
from material which has been maintained under
The relevant harmful
appropriate conditions and subjected to official
organisms are
testing for at least the relevant harmful organisms
using appropriate indicators or equivalent methods
-
Cherry rasp leaf virus
and has been found free, in these tests, from those
(American),
harmful organisms, or
-
Tomato ringspot virus.
- derived in direct line from material which is
maintained under appropriate conditions and has
been subjected, within the last three complete
cycles of vegetation, at least once, to official testing
for at least the relevant harmful organisms using
appropriate indicators or equivalent methods and
has been found free, in these tests, from those
harmful organisms;
(b) no symptoms of diseases caused by the relevant
harmful organisms have been observed on plants at
the place of production, or on susceptible plants in
its immediate vicinity, since the beginning of the
last complete cycle of vegetation.
22.2.Plants of Malus Mill.,
Without prejudice to the provisions applicable to the
intended for planting, other
plants listed in Schedule III(A)(9) and (18), Schedule
than seeds, originating in
III(B)(I) and Schedule IV(A)(I)(15), (17), (19.2) and
countries where apple
(22.1), official statement that
proliferation mycoplasm is
(a) the plants originate in areas known to be free from
known to occur.
apple proliferation mycoplasm; or
(b) (aa) the plants, other than those raised from seeds,
have been
- either officially certified under a certification
scheme requiring them to be derived in direct line
from material which has been maintained under
appropriate conditions and subjected to official
testing for at least Apple proliferation mycoplasm
using appropriate indicators or equivalent methods
and has been found free, in these tests, from that
harmful organism, or
- derived in direct line from material which is
maintained under appropriate conditions and
subjected, within the last six complete cycles of
vegetation, at least once, to official testing for at
least Apple proliferation mycoplasm using
appropriate indicators or equivalent methods and
has been found free, in these tests, from the harmful
organism;
(bb) no symptoms of diseases caused by Apple
proliferation mycoplasm have been observed on
plants at the place of production, or on susceptible
plants in its immediative vicinity, since the
beginning of the last three complete cycles of
vegetation.
23.1.Plants of following
Without prejudice to the provisions applicable to the
species of Prunus L.,
plants listed in Schedule III(A)(9) and (18), and
intended for planting, other
Schedule IV(A)(I)(15), and (19.2), official statement
than seeds, originating in
that
countries where Plum pox
(a) the plants, other than those raised from seeds, have
virus is known to occur
been
- either officially certified under a certification
-
Prunus amygdalus Batsch,
scheme requiring them to be derived in direct line
-
Prunus armentaca L.,
from material which has been maintained under
-
Prunus blireiana Andre,
appropriate conditions and subjected to official
-
Prunus brigantina Vill.,
testing for, at least, Plum pox virus using
-
Prunus cerasifera Ehrh.,
appropriate indicators or equivalent methods and
-
Prunus cistena Hansen,
has been found free, in these tests, from that
-
Prunus curdica Fenzl and
harmful organism, or
Fritsch.,
- derived in direct line from material which is
-
Prunus domestica spp.
maintained under appropriate conditions and
domestica L.,
subjected, within the last three complete cycles of
-
Prunus domestica spp.
vegetation, at least once, to official testing for at
insititia (L.) C.K.Schneid.,
least Plum pox virus using appropriate indicators or
-
Prunus domestica spp.
equivalent methods and has been found free, in
italica (Borkh.) Hegi.,
these tests, from that harmful organism;
-
Prunus glandulosa Thunb.,
(b) no symptoms of disease caused by Plum pox virus
-
Prunus holosericea Batal.,
have been observed on plants at the place of
-
Prunus hotrulana Bailey,
production, or on susceptible plants in its
-
Prunus japonica Thunb.,
immediate vicinity, since the beginning of the last
-
Prunus mandshurica
three complete cycles of vegetation;
(Maxim.) Koehne,
(c) plants at the place of production which have shown
-
Prunus maritima Marsh.,
symptoms of disease caused by other viruses or
-
Prunus mume Sieb and
virus-like pathogens, have been rogued out.
Zucc.,
-
Prunus nigra Ait.,
-
Prunus persica (L.)
Batsch,
-
Prunus salicina L.,
-
Prunus sibrica L.,
-
Prunus simonii Carr.,
-
Prunus sinosa L.,
-
Prunus tomentosa Thunb.,
-
Prunus triloba Liddl.,
-
other species of Prunus L.
susceptible to Plum pox
virus.
23.2.Plants of Prunus L.,
Without prejudice to the provisions applicable to the
intended for planting
plants, where appropriate listed in Schedule III(A)(9)
and (18), or Schedule IV(A)(I)(15), (19.2) and (23.1),
(a) originating in countries
official statement that
where the relevant harmful
(a) the plants have been
organisms are known to
- either officially certified under a certification
occur on Prunus L.
scheme requiring them to be derived in direct line
from material which has been maintained under
(b) other than seeds,
appropriate conditions and subjected to official
originating in countries
testing for at least the relevant harmful organisms
where the relevant harmful
using appropriate indicators or equivalent methods
organisms are known to
and has been found free, in these tests, from those
occur
harmful organisms, or
(c) other than seeds,
- derived in direct line from material which is
originating in non-
maintained under appropriate conditions and has
European countries where
been subjected, within the last three complete
the relevant harmful
cycles of vegetation, at least once, to official testing
organisms are known to
for at least the relevant harmful organisms using
occur
appropriate indicators or equivalent methods and
has been found free, in these tests, from those
The relevant harmful
harmful organisms;
organisms are
(b) no symptoms of diseases caused by the relevant
-
for the case under (a)
harmful organisms have been observed on plants at
-
Tomato ringspot virus;
the place of production, or on susceptible plants in
-
for the case under (b)
its immediate vicinity, since the beginning of the
-
Cherry rasp leaf virus
last three complete cycles of vegetation.
(American),
-
Peach mosaic virus
(American),
-
Peach phony rickettsia,
-
Peach rosette mycoplasm,
-
Peach yellows mycoplasm,
-
Plum line virus
(American),
-
Peach X-disease
mycoplasm;
-
for the case under (c)
-
Little cherry pathogen.
24. Plants of Rubus L.,
Without prejudice to the requirements applicable to the
intended for planting
plants listed in Schedule IV(A)(I)(19.2), official
statement that
(a) originating in countries
(a) the plants shall be free from aphids, including their
where the relevant harmful
eggs
organisms are known to
(b) official statement that
occur on Rubus L.
(aa)the plants have been
- either officially certified under a certification
(b) other than seeds,
scheme requiring them to be derived in direct line
originating in countries
from material which has been maintained under
where the relevant harmful
appropriate conditions and subjected to official
organisms are known to
testing for at least the relevant harmful organisms
occur
using appropriate indicators or equivalent
The relevant harmful
methods and has been found free, in these tests,
organisms are
from those harmful organisms, or
- derived in direct line from material which is
-
in the case under (a)
maintained under appropriate conditions and has
-
Tomato ringspot virus,
been subjected, within the last three complete
-
Black raspberry latent
cycles of vegetation, at least once, to official testing
virus,
for at least the relevant harmful organisms using
-
Cherry leafroll virus,
appropriate indicators for equivalent methods and
-
Punus necrotic ringspot
has been found free, in these tests, from those
virus;
harmful organisms;
-
in the case under (b)
(bb)no symptoms of diseases caused by the relevant
-
Raspberry leaf curl virus
harmful organisms have been observed on plants at
(American),
the place of production, or on susceptible plants in
-
Cherry rasp leaf virus
its immediate vicinity, since the beginning of the
(American)
last complete cycle of vegetation.
25.1.Tubers of Solanum
Without prejudice to the prohibitions applicable to the
tuberosum L., originating
tubers listed in Schedule III(A)(10), (11) and (12),
in countries where
official statement that
(a) the tubers originate in areas known to be free from
Synchytrium endobioticum
(Schilbersky) Percival is
Synchytrium endobioticum (Schilbersky) Percival
known to occur
(all races other than Race 1, the common European
race) and no symptoms of Synchytrium
endobioticum (Schilbersky) Percival have been
observed either at the place of production or in its
immediate vicinity since the beginning of an
adequate period; or
(b) provisions recognised as equivalent to the
Community provisions on combating Synchytrium
endobioticum (Schilbersky) Percival in accordance
with the procedure referred to in Article 18(2) of
Directive 2000/29/EC have been complied with, in
the country of origin.
25.2.Tubers of Solanum
Without prejudice to the provisions listed in Schedule
tuberosum L.
III(A)(10), (11) and (12) and Schedule IV(A)(I)(25.1),
official statement that
(a) the tubers originate in areas known to be free from
Clavibacter michiganensis ssp. sepedonicus
(Spieckermann and Kotthoff) Davis et al.; or
(b) provisions recognised as equivalent to the
Community provisions on combating Clavibacter
michiganensis spp. sepedonicus (Spiekermann and
Kotthoff) Davis et al. in accordance with the
procedure referred to in Article 18(2) of Directive
2000/29/EC, have been complied with, in the
country of origin.
25.3.Tubers of Solanum
Without prejudice to the provisions applicable to the
tuberosum L., other than
tubers listed in Schedule III(A)(10), (11) and (12) and
early potatoes, originating
Schedule IV(A)(I)(25.1) and (25.2), suppression of the
in countries where Potato
faculty of germination.
spindle tuber viroid is
known to occur
25.4.Tubers of Solanum
Without prejudice to the provisions applicable to the
tuberosum L., intended for
tubers listed in Schedule III(A)(10), (11) and (12) and
planting
Schedule IV(A)(I)(25.1), (25.2) and (25.3), official
statement that the tubers originate from a field known
to be free from Globodera rostochiensis
(Wollenweber) Behrens and Globodera pallida (Stone)
Behrens and
(aa)either, the tubers originate in areas in which
Ralstonia solanacearum (Smith) Yabuuchi et al is
known not to occur; or
(bb)in areas where Ralstonia solanacearum (Smith)
Yabuuchi et al is known to occur, the tubers
originate from a place of production found free
from Ralstonia solanacearum (Smith) Yabuuchi
et al, or considered to be free thereof, as a
consequence of the implementation of an
appropriate procedure aiming at eradicating
Ralstonia solanacearum (Smith) Yabuuchi et al.
which shall be determined in accordance with
the procedure laid down in Article 18(2) of
Directive 2000/29/EC, and
(cc)either the tubers originate in areas where
Meloidogyne chitwoodi Golden et al. (all
populations) and Meloidogyne fallax Karssen are
known not to occur; or
(dd)in areas where Meloidogyne chitwoodi Golden et
al. (all populations) and Meloidogyne fallax
Karssen are known to occur
- either the tubers originate from a place of
production which has been found free from
Meloidogyne chitwoodi Golden et al. (all
populations) and Meloidogyne fallax Karssen based
on an annual survey of host crops by visual
inspection of host plants at appropriate times and
by visual inspection both externally and by cutting
of tubers after harvest from potato crops grown at
the place of production, or
- the tubers after harvest have been randomly
sampled and, either checked for the presence of
symptoms after an appropriate method to induce
symptoms, or laboratory tested, as well as inspected
visually both externally and by cutting the tubers, at
appropriate times and in all cases at the time of
closing of the packages or containers before
marketing according to the provisions on closing in
Council Directive 66/403/EEC of 14 June 1996 on
the marketing of seed potatoes and no symptoms of
Meloidogyne chitwoodi Golden et al. (all
populations) and Meloidogyne fallax Karssen have
been found.
25.4.1.Tubers of Solanum
Without prejudice to the provisions applicable to
tuberosum L., other than
tubers listed in Schedule III(A)(l2) and Schedule
those intended for planting
IV(A)(I)(25.1), (25.2) and (25.3), official statement
that the tubers originate in areas in which Ralstonia
solanacearum (Smith) Yabuuchi et al is not known to
occur.
25.4.2.Tubers of Solanum
Without prejudice to the provisions applicable to tubers
tuberosum L.
listed in Schedule III(A)(10), (11) and (12) and
Schedule IV(A)(I)(25.1), (25.2), (25.3), (25.4) and
(25.4.1), official statement that
(a) the tubers originate in a country where
Scrobipalpopsis solanivora Povolny is not known
to occur; or
(b) the tubers originate in an area free from
Scrobipalpopsis solanivora Povolny, established
by the national plant protection organisation in
accordance with relevant International Standards
for Phytosanitary Measures.
25.5.Plants of Solanaceae,
Without prejudice to the provisions applicable to the
intended for planting, other
tubers listed in Schedule III(A)(10), (11), (12) and (13)
than seeds, originating in
and Schedule IV(A)(I)(25.1), (25.2), (25.3) and (25.4),
countries where Potato
official statement that no symptoms of Potato stolbur
stolbur mycoplasm is
mycoplasm have been observed on the plants at the
known to occur
place of production since the beginning of the last
complete cycle of vegetation.
25.6.Plants of Solanaceae,
Without prejudice to the provisions applicable to the
intended for planting,
plants listed in Schedule III(A)(11) and (13) and
other than tubers of
Schedule IV(A)(I)(25.5), where appropriate, official
Solanum tuberosum L.,
statement that no symptoms of Potato spindle tuber
and other than seeds of
viroid have been observed on plants at the place of
Solanum lycopersicum L.,
production since the beginning of the last complete
originating in countries
cycle of vegetation.
where Potato spindle
tuber viroid is known to
occur
25.7.Plants of
Without prejudice to the provisions applicable to the
Capsicumannuum L.,
plants listed in Schedule III(A)(11) and (13), and
Solanum lycopersicum L.,
Schedule IV(A)(I)(25.5) and (25.6), where
Musa L., Nicotiana L. and
appropriate, official statement that
Solanum melongena L.,
(a) the plants originate in areas which have been
intended for planting other
found free from Ralstonia solanacearum (Smith)
than seeds, originating in
Yabuuchi et al.; or
countries where Ralstonia
(b) no symptoms of Ralstonia solanacearum (Smith)
solanacearum (Smith)
Yabuuchi et al. have been observed on the plants
Yabuuchi et al. is known
at the place of production since the beginning of
to occur
the last complete cycle of vegetation.
25.7.1. Plants of Solanum
Without prejudice to the provisions applicable to the
lycopersicum L. and
plants in Schedule III(A)(13) and Schedule
Solanum melongena L.,
IV(A)(I)(25.5), (25.6), (25.7), (28.1), and (45.3),
other than fruits and seeds
official statement that the plants
(a) originate in a country recognised as being free of
(Walsingham)
in
Keiferia
lycopersicella
accordance with relevant International Standards
for Phytosanitary Measures, or
(b) originate in an area established by the national plant
protection organisation in the country of origin as
being
free
from
Keiferia
lycopersicella
(Walsingham) in accordance with the relevant
International
Standards
for
Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations under
the rubric ‘Additional declaration’
25.7.2.Fruits of Solanum
Official statement that the fruits
lycopersicum L. and
(a) originate in a country recognised as being free of
Solanum melongena L.
(Walsingham)
in
Keiferia
lycopersicella
accordance with relevant International Standards
for Phytosanitary Measures, or
(b) originate in an area established by the national plant
protection organisation in the country of origin as
being
free
from
Keiferia
lycopersicella
(Walsingham) in accordance with the relevant
International
Standards
for
Phytosanitary
Measures, which is mentioned on the certificates
referred to in these regulations under the rubric
‘Additional declaration’, or
(c) originate in a place of production, established by
the national plant protection organisation in the
country of origin as being free from Keiferia
lycopersicella (Walsingham), on the basis of
official inspections and surveys carried out during
the last three months prior to export, which is
mentioned on the certificates referred to in these
regulations under the rubric ‘Additional
declaration’.
25.7.3. Fruits of Capsicum
Without prejudice to the provisions applicable to the
annuum L., Solanum
fruits in Schedule IV(A)(I) (16.6.), (25.7.1.), (25.7.2.),
aethiopicum L., Solanum
(25.7.4.), (36.2.) and (36.3.), official statement that the
lycopersicum L. and
fruits
Solanum melongena L.
(a) originate in a country recognised as being
free from Neoleucinodes elegantalis
(Guenée) in accordance with relevant
International Standards for Phytosanitary
Measures, provided that this freedom status
has been communicated in advance in writing
by the national plant protection organisation
of the third country concerned to the
Commission,
or
(b)
originate in an area established by the
national plant protection organisation in the
country of origin as being free from
Neoleucinodes elegantalis (Guenée) in
accordance with the relevant International
Standards for Phytosanitary Measures,
which is mentioned on the certificates
referred to in Article 13(1)(ii) of Directive
2000/29/EC under the rubric ‘Additional
declaration’, provided that this freedom
status has been communicated in advance in
writing by the national plant protection
organisation of the third country concerned
to the Commission,
or
(c)
originate in a place of production
established by the national plant protection
organisation in the country of origin as
being free from of Neoleucinodes
elegantalis (Guenée) in accordance with
relevant International Standards for
Phytosanitary Measures and official
inspections have been carried out in the
place of production at appropriate times
during the growing season, including an
examination on representative samples of
fruit, shown to be free from Neoleucinodes
elegantalis (Guenée), and information on
traceability is included in the certificates
referred to in Article 13(1)(ii) Directive
2000/29/EC,
or
(d)
originate in an insect proof site of
production, established by the national plant
protection organisation in the country of
origin as being free from Neoleucinodes
elegantalis (Guenée), on the basis of official
inspections and surveys carried out during
the three months prior to export, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii)
Directive 2000/29/EC.
25.7.4. Fruits of Solanaceae
Without prejudice provisions applicable to the fruits in
originating in Australia,
Schedule IV(A)(I) (16.6.), (25.7.1.), (25.7.2.), (25.7.4.),
the Americas and New
(36.2.) and (36.3.), official stat fruits
Zealand
(a)
originate in a country recognised as being
free from Bactericera cockerelli (Sulc.) in
accordance with relevant International
Standards for Phytosanitary Measures,
provided that this freedom status has been
communicated in advance in writing by the
national plant protection organisation of the
third country concerned to the Commission,
or
(b)
originate in an area established by the
national plant protection organisation in the
country of origin as being free from
Bactericera cockerelli (Sulc.) in accordance
with the relevant International Standards for
Phytosanitary
Measures,
which
is
mentioned on the certificates referred to in
Article 13(1)(ii) of Directive 2000/29/EC
under the rubric ‘Additional declaration’,
provided that this freedom status has been
communicated in advance in writing by the
national plant protection organisation of the
third country concerned to the Commission,
or
(c)
originate in a place of production, where
official inspections and surveys for the
presence of Bactericera cockerelli (Sulc.)
including its immediate vicinity are carried
out during the last three months prior to
export and subject to effective treatments to
ensure freedom from the harmful organism,
and representative samples of the fruit have
been inspected prior to export, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii)
Directive 2000/29/EC
or
(d)
originate in an insect proof site of
production, established by the national plant
protection organisation in the country of
origin, as being free from Bactericera
cockerelli (Sulc.), on the basis of official
inspections and surveys carried out during
the three months prior to export, and
information on traceability is included in the
certificates referred to in Article 13(1)(ii) of
Directive 2000/29/EC.
25.8.(Deleted by L.N. 100 of 2009)
26. Plants of Humulus lupulus
Official statement that no symptoms of Verticillum
L., intended for planting,
albo-atrum Reinke and Berthold and Verticillum
other than seeds
dahliae Klebahn have been observed on hops at the
place of production since the beginning of the last
complete cycle of vegetation.
27.1.Plants of Dendranthema
Official statement that
(DC.) Des Moul.,
(aa)the plants originate in an area free from
Dianthus L. and
Helicoverpa armigera (Hübner) and Spodoptera
Pelargonium l'Hérit. ex
littoralis (Boisd.), established by the national plant
Ait., intended for planting,
protection organisation in accordance with relevant
other than seeds
International
Standards
for
Phytosanitary
Measures, or
(a) no signs of Helicoverpa armigera (Hübner), or
Spodoptera littoralis (Boisd.) have been observed
at the place of production since the beginning of
the last complete cycle of vegetation, or
(b) the plants have undergone appropriate treatment
to protect them from the said organisms.
27.2.Plants of Dendranthema
Without prejudice to the requirements applicable to
(DC.) Des Moul.,
the plants listed in Schedule IV(A) (I)(27.1), official
Dianthus L. and
statement that
Pelargonium l'Hérit. ex
(aa)the plants originate in an area free from Spodoptera
Ait., other than seeds
eridania (Cramer), Spodoptera frugiperda Smith
and Spodoptera litura (Fabricius), established by
the national plant protection organisation in
accordance with relevant International Standards
for Phytosanitary Measures, or
(a) no signs of Spodoptera eridania (Cramer),
Spodoptera frugiperda Smith, or Spodoptera
litura (Fabricius) have been observed at the place
of production since the beginning of the last
complete cycle of vegetation, or
(b) the plants have undergone appropriate treatment
to protect them from the said organisms.
28. Plants of Dendranthema
Without prejudice to the requirements applicable to the
(DC.) Des Moul., intended
plants listed in Schedule IV(A)(I)(27.1) and (27.2),
for planting, other than
official statement that
seeds
(a) the plants are no more than third generation stock
derived from material which has been found to be
free from Chrysanthemum stunt viroid during
virological tests, or are directly derived from
material of which a representative sample of at least
10% has been found to be free from
Chrysanthemum stunt viroid during an official
inspection carried out at the time of flowering;
(b) the plants or cuttings
- have come from premises which have been
officially inspected at least monthly during the
three months prior to dispatch and on which no
symptoms of Puccinia horiana Hennings have been
known to have been observed during that period,
and in the immediate vicinity of which no
symptoms of Puccinia horiana Hennings have been
known to have occurred during the three months
prior to export, or
- have undergone appropriate treatment against
Puccinia horiana Hennings;
(c) in the case of unrooted cuttings, no symptoms of
Didymella ligulicola (Baker, Dimock and Davis) v.
Arx were observed either on the cuttings or on the
plants from which the cuttings were derived, or
that, in case of rooted cuttings, no symptoms of
Didymella ligulicola (Baker, Dimock and Davis) v.
Arx were observed either on the cuttings or on the
rooting bed.
28.1.Plants of Dendranthema
Without prejudice to the requirements applicable to the
(DC.) Des Moul. and
plants listed in Schedule III(A)(13), Schedule IV(A)(I)
Solanum lycopersicum L.,
(25.5), (25.6), (25.7), (27.1), (27.2) and (28), official
intended for planting,
statement that
other than seeds
(a) the plants have been grown throughout their life in
a country free from Chrysanthemum stem necrosis
virus; or
(b) the plants have been grown throughout their life in
an area established by the national plant protection
organisation in the country of export as being free
from Chrysanthemum stem necrosis virus in
accordance with the relevant International
Standards for Phytosanitary Measures; or
(c) the plants have been grown throughout their life in
a place of production, established as being free
from Chrysanthemum stem necrosis virus and
verified through official inspections and, where
appropriate, testing.
29. Plants of Dianthus L.,
Without prejudice to the requirements applicable to the
intended for planting, other
plants listed in Schedule IV(A)(I)(27.1) and (27.2),
than seeds
official statement that
(a) the plants have been derived in direct line from
mother plants which have been found free from
Erwinia chyrsanthemi pv. dianthicola (Hellmers)
Dickey, Pseudomonas caryophylli (Burkholder)
Starr and Burkholder and Phialophora cinerescens
(Wollenw.) Van Beyma on officially approved
tests, carried out at least once within the two
previous years,
(b) no symptoms of the above harmful organisms have
been observed on the plants.
30. Bulbs of Tulipa L., and
Official statement that no symptoms of Ditylenchus
Narcissus L., other than
dipsaci (Kühn) Filipjev have been observed on the
those for which there shall
plants since the beginning of the last complete cycle of
be evidence by their
vegetation.
packaging, or by other
means, that they are
intended for sale to final
consumers not involved in
professional cut flower
production
31. Bulbs of Pelargonium
Without prejudice to the requirements applicable to the
l’Hérit. ex Ait., intended
plants listed in Schedule IV(A)(I)(27.1) and (27.2)
for planting, other than
official statement that the plants
seeds, originating in
(a) are directly derived from places of production
countries where Tomato
known to be free from Tomato ringspot virus; or
ringspot virus is known to
(b) are of no more than fourth generation stock, derived
occur
from mother plants found to be free from Tomato
ringspot virus under an official approved system of
(a) where Xiphinema
virological testing;
americanum Cobb sensu
official statement that the plants
lato (non-European
(a) are directly derived from places of production
populations) or other
known to be free from Tomato ringspot virus in the
vectors of Tomato ringspot
soil or plants; or
virus are not known to
(b) are of no more than second generation stock,
occur;
derived from mother plants found to be free from
Tomato ringspot virus under an officially approved
(b) where Xiphinema
system of virological testing.
americanum Cobb sensu
lato (non-European
populations) or other
vectors of Tomato ringspot
virus are known to occur
32.1.Plants of herbaceous
Without prejudice to the requirements applicable to the
species, intended for
plants listed in Schedule IV, Part A, Section I(27.1),
planting, other than
(27.2), (28) and (29), where appropriate, official
statement that the plants have been grown in nurseries
-
bulbs,
and
-
corms,
(a) originate in an area, established in the country of
-
plants of the family
export by the national plant protection service in
Gramineae,
that country, as being free from Liriomyza sativae
-
rhizomes,
(Blanchard) and Amauromyza maculosa (Malloch),
-
seeds,
in accordance with relevant International Standards
-
tubers,
for Phytosanitary Measures, and which is
mentioned on the certificates referred to in these
originating in third
regulations under the rubric "Additional
countries where Liriomyza
declaration", or
sativae (Blanchard) and
(b) originate in a place of production, established in the
Amauromyza maculosa
country of export by the national plant protection
(Malloch) are known to
service in that country, as being free from
occur
Liriomyza sativae (Blanchard) and Amauromyza
maculosa (Malloch), in accordance with relevant
International
Standards
for
Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations, and
declared free from Liriomyza sativae (Blanchard)
and Amauromyza maculosa (Malloch) on official
inspections carried out at least monthly during the
three months prior to export, or
(c) immediately prior to export, have been subjected to
an appropriate treatment against Liriomyza sativae
(Blanchard) and Amauromyza maculosa (Malloch)
and have been officially inspected and found free
from Liriomyza sativae (Blanchard) and
Amauromyza maculosa (Malloch). Details of the
treatment shall be mentioned on the certificates
referred to in these regulations, or
(d) originate from plant material (explant) which is free
from Liriomyza sativae (Blanchard) and
Amauromyza maculosa (Malloch); are grown in
vitro in a sterile medium under sterile conditions
that preclude the possibility of infestation with
Liriomyza sativae (Blanchard) and Amauromyza
maculosa (Malloch); and are shipped in transparent
containers under sterile conditions.
32.2.Cut flowers of
Official statement that the cut flowers and the leafy
Dendranthema (DC.) Des
vegetables
Moul., Dianthus L.,
- originate in a country free from Liriomyza sativae
Gypsophila L.,and
(Blanchard) and Amauromyza maculosa (Malloch),
Solidago L. and leafy
or
vegetables of Apium
- immediately prior to their export, have been
graveolens L., and
officially inspected and found free from Liriomyza
Ocimum L.
sativae (Blanchard) and Amauromyza maculosa
(Malloch).
32.3.Plants of herbaceous
Without prejudice to the requirements applicable to the
species, intended for
plants listed in Schedule IV, Part A, Section I(27.1),
planting, other than
(27.2), (28), (29) and (32.1), official statement that
(a) the plants originate in an area known to be free
-
bulbs,
from Liriomyza huidobrensis (Blanchard) and
Liriomyza trifolii (Burgess), or
-
corms,
(b) either no signs of Liriomyza hiidrobrensis
-
plants of the family
(Blanchard) and Liriomyza trifolii (Burgess) have
Gramineae,
been observed at the place of production, on
official inspections carried out at least monthly
-
rhizomes,
during the three months prior to harvesting, or
-
seeds,
(c) immediately prior to export, the plants have been
officially inspected and found free from Liriomyza
-
tubers,
huidobrensis (Blanchard) and Liriomyza trifolii
originating in third countries
(Burgess) and have been subjected to an
appropriate
treatment
against
Liriomyza
huidobrensis (Blanchard) and Liriomyza trifolii
(Burgess), or
(d) the plants originate from plant material (explant)
which is free from Liriomyza huidobrensis
(Blanchard) and Liriomyza trifolii (Burgess); are
grown in vitro in a sterile medium under sterile
conditions that preclude the possibility of
infestation
with
Liriomyza
huidobrensis
(Blanchard) and Liriomyza trifolii (Burgess); and
are shipped in transparent containers under sterile
conditions.
33.Plants with roots, planted
Official statement that
or intended for planting,
(a) the place of production is known to be free from
grown in the open air
Clavibacter michiganensis ssp. sepedonicus
(Spieckermann and Kotthoff) Davis et al. and
Synchytrium endobioticum (Schilbersky) Percival,
and
(b) the plants originate from a field known to be free
from Globodera pallida (Stone) Behrens and
Globoderarostochiensis (Wollenweber) Behrens.
(a) No person shall move the plants, plant products and other
objects listed in Part A of Schedule V, or seeds referred to
in Part A of Schedule IV, unless -
(i) these are free from the harmful organisms listed in
Part A of Schedule I;
(ii) in the case of plants and plant products listed in Part
A of Schedule II they are free from harmful
organisms listed in relation thereto in the said Part;
(iii) in the case of plants, plant products and other objects
listed in Part A of Schedule IV, they satisfy the
requirements specified in relation thereto in the said
Part;
(b) Any person or producer who notices any unusual
PLANT QUARANTINE (HARMFUL ORGANISMS)
occurrence of harmful organisms, symptoms or any other
plant abnormality shall immediately notify the Director of
such occurrence.
(c) For the purposes of establishing whether a plant, plant
product or other object complies with the requirements
established under sub-regulation (1), the Director shall
carry out such regular inspections or as he may consider
appropriate at least once a year.
(d) Such inspections shall be carried out on the relevant plants
or plant products grown, produced or used by the producer,
registered under these regulations, or otherwise present on
his premises as well as to the growing medium used
therein; and for such purposes the inspection shall be
carried out on the premises, preferably at the place of
production.
REGISTRATION
Amended by
L.N. 477 of 2004;
PLANTS, PLANT PRODUCTS AND OTHER
L.N. 478 of 2004;
OBJECTS WHICH MUST BE SUBJECT TO A
L.N. 55 of 2005;
L.N. 307 of 2005;
PLANT HEALTH INSPECTION - AT THE
L.N. 245 of 2006;
PLACE OF PRODUCTION IF ORIGINATING
L.N. 359 of 2007;
IN THE COMMUNITY, BEFORE BEING
L.N. 100 of 2009;
L.N. 77 of 2010;
MOVED WITHIN THE COMMUNITY - IN
L.N. 334 of 2014.
THE COUNTRY OF ORIGIN OR THE
Substituted by
L.N. 27 of 2018;
CONSIGNOR COUNTRY, IF ORIGINATING
L.N. 232 of 2019.
OUTSIDE THE COMMUNITY - BEFORE
BEING PERMITTED TO ENTER THE
COMMUNITY
PART A
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS
ORIGINATING IN THE COMMUNITY
Plants, plant products and other objects which are potential
carriers of harmful organisms of relevance for the entire
Community and which must be accompanied by a plant
passport
1. Plants and plant products
Plants, intended for planting, other than seeds, of Amelanchier
Med., Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L.,
Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L.,
Photinia davidiana (Dcne.) Cardot, Prunus L., other than
Prunus laurocerasus L. and Prunus lusitanica L., Pyracantha
Roem., Pyrus L. and Sorbus L.
Plants of Beta vulgaris L. and Humulus lupulus L., intended
for planting, other than seeds.
Plants of stolon- or tuber-forming species of Solanum L. or
their hybrids, intended for planting.
Plants of Choisya Kunth, Fortunella Swingle, Poncirus Raf.,
and their hybrids, Casimiroa La Llave, Clausena Burm. f.,
Murraya J. Koenig ex L., Vepris Comm., Zanthoxylum L. and
Vitis L., other than fruits and seeds.
Without prejudice to point 6, plants of Citrus L. and their
hybrids other than fruit and seeds.
PLANT QUARANTINE (HARMFUL ORGANISMS)
Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their
hybrids with leaves and peduncles.
Wood within the meaning of the first sub-paragraph of Article
2(2), where it
(a)
has been obtained in whole or part from Juglans
L., Platanus L., and Pterocarya L., including wood which has
not kept its natural round surface; and
(b)
meets one of the following descriptions laid down
in Annex I, Part Two to Council Regulation (EEC) No. 2658/87
of 23 July 1987 on the tariff and statistical nomenclature and on
the Common Customs Tariff *
CN code
Description
4401 12 00
Non-coniferous fuel wood, in logs, in billets, in twigs, in faggots
or in similar forms
4401 22 00
Non-coniferous wood, in chips or particles
4401 40 90
Wood waste and scrap (other than sawdust), not agglomerated
ex 4403 12 00
Non-coniferous wood in the rough, treated with paint, stains,
creosote or other preservatives, not stripped of bark or sapwood,
or roughly squared
ex 4403 99 00
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), birch (Betula spp.), poplar and aspen
(Populus spp.) or eucalyptus (Eucalyptus spp.)), in the rough,
whether or not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives
ex 4404 20 00
Non-coniferous split poles; piles, pickets and stakes of non-
coniferous wood, pointed but not sawn lengthwise
ex 4407 99
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus
spp.), ash (Fraxinus spp.), birch (Betula spp.) or poplar and aspen
(Populus spp.)), sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm.
(Deleted by L.N. 55 of 2005)
2. Plants, plant products and other objects produced by producers
whose production and sale is authorised to persons
professionally engaged in plant production, other than those
plants, plant products and other objects which are prepared and
ready for sale to the final consumer, and for which it is ensured
* OJ L 256, 7.9.1987, p.1. Regulation as last amended by Commission Regulation
(EC)
No.1558/2004 (OJ L 283, 2.9.2004, p.7).
PLANT QUARANTINE (HARMFUL ORGANISMS)
by the responsible official bodies of the Member States, that
the production thereof is clearly separate from that of other
products.
Plants intended for planting, other than seeds, of the genera
Abies Mill., Apium graveolens L., Argyranthemum spp.,
Asparagus officinalis L., Aster spp., Brassica spp., Castanea
Mill., Cucumis spp., Dendranthema (DC.) Des Moul.,
Dianthus L. and hybrids, Exacum spp., Fragaria L., Gerbera
Cass., Gypsophila L., all varieties of New Guinea hybrids of
Impatiens L., Juglans L., Lactuca spp., Larix Mill.,
Leucanthemum L., Lupinus L., Pelargonium l'Hérit. ex Ait.,
Picea A. Dietr., Pinus L., Platanus L., Populus L., Prunus
laurocerasus L., Prunus lusitanica L., Pseudotsuga Carr.,
Pterocarya L., Quercus L., Rubus L., Spinacia L., Tanacetum
L., Tsuga Carr., Ulmus L., Verbena L. and other plants of
herbaceous species, other than plants of the family Gramineae,
intended for planting, and other than bulbs, corms, rhizomes,
seeds and tubers.
Plants of Solanaceae, other than those referred to in point 1.3
intended for planting, other than seeds.
Plants of Araceae, Marantaceae, Musaceae, Persea spp. and
Strelitziaceae, rooted or with growing medium attached or
associated.
2.3.1. Plants of Palmae, intended for planting, having a diameter of
the stem at the base of over 5 cm and belonging to the
following genera: Brahea Mart., Butia Becc., Chamaerops L.,
Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans.,
Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart.,
Washingtonia Raf.
Seeds and bulbs of Allium ascalonicum L., Allium cepa L., and
Allium schoenoprasum L. intended for planting and plants of
Allium porrum L. intended for planting.
Seeds of Medicago sativa L.,
Seeds of Helianthus annuus L., Solanum lycopersicum L., and
Phaseolus L.
3. Bulbs, corms, tubers and rhizomes intended for planting,
produced by producers whose production and sale is authorised
to persons professionally engaged in plant production, other
than those plants, plant products and other objects which are
prepared and ready for sale to the final consumer, and for
which it is ensured by the responsible official bodies of the
Member States, that the production thereof is clearly separate
from that of other products of Camassia Lindl., Chionodoxa
Boiss., Crocus flavus Weston "Golden Yellow”, Dahlia spp.,
Galanthus L., Galtonia candicans (Baker) Decne., miniature
cultivars and their hybrids of the genus Gladiolus Tourn. ex L.,
such as Gladiolus callianthus Marais, Gladiolus colvillei
Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and
Gladiolus tubergenii hort., Hyacinthus L., Iris L., Ismene
Herbert, Lilium spp., Muscari Miller, Narcissus L.,
PLANT QUARANTINE (HARMFUL ORGANISMS)
Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss.
and Tulipa L.
Plants, plant products and other objects which are potential
carriers of harmful organisms of relevance for certain protected
zones, and which must be accompanied by a plant passport valid
for the appropriate zone when introduced into or moved within
that zone
Without prejudice to the plants, plant products and other objects
listed in Part I.
1. Plants, plant products and other objects
Plants of Albies Mill., Larix Mill., Picea A. Dietr., Pinus L. and
Pseudotsuga Carr.
Plants intended for planting, other than seeds, of Beta vulgaris L.,
Cedrus Trew, Platanus L., Populus L., Prunus L. and Quercus
spp., other than Quercus suber L., and Ulmus L. .
Plants, other than fruit and seeds, of Amelanchier Med.,
Castanea Mill., Chaenomeles Lindl., Cotoneaster Ehrh.,
Crataegus L., Cydonia Mill., Eriobotrya Lindl., Eucalyptus
L’Herit., Malus Mill., Mespilus L., Photinia davidiana (Dcne.)
Cardot, Pyracantha Roem., Pyrus L., Sorbus L. and Vitis L.
1.3.1. Plants of Palmae, intended for planting, having a diameter of the
stem at the base of over 5 cm and belonging to the following
taxa: Areca catechu L., Arenga pinnata (Wurmb) Merr.,
Bismarckia Hildebr. & H. Wendl., Borassus flabellifer L.,
Brahea Mart., Butia Becc., Calamus merrillii Becc., Caryota
maxima Blume, Caryota cumingii Lodd. ex Mart., Chamaerops
L., Cocos nucifera L., Copernicia Mart., Corypha utan Lam.,
Elaeis guineensis Jacq., Howea forsteriana Becc., Jubaea
Kunth, Livistona R. Br., Metroxylon sagu Rottb., Phoenix L.,
Pritchardia Seem. & H. Wendl., Ravenea rivularis Jum. & H.
Perrier, Roystonea regia (Kunth) O. F. Cook, Sabal Adans.,
Syagrus Mart., Trachycarpus H. Wendl., Trithrinax Mart.,
Washingtonia Raf.
Live pollen for pollination of Amelanchier Med., Chaenomeles
Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana
(Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L.
Tubers of Solanum tuberosum L., intended for planting.
Plants of Beta vulgaris L., intended for industrial processing.
Soil from beet and unsterilised waste from beet (Beta vulgaris
L.)
Seeds of Beta vulgaris L., Castanea Mill., Dolichos Jacq.,
Gossypium spp. and Phaseolus vulgaris L.
Fruits (bolls) of Gossypium spp. and unginned cotton, fruits of
Vitis L.
1.10. Wood, where it
PLANT QUARANTINE (HARMFUL ORGANISMS)
(a)
has been obtained in whole or part from conifers
(Coniferales), excluding wood which is bark-free, Castanea
Mill., excluding wood which is bark-free, Platanus L.,
including wood which has not kept its natural round surface;
and
(b)
meets one of the following descriptions laid
down in Annex I, Part Two to Council Regulation (EEC) No.
2658/87
CN code
Description
4401 11 00
Coniferous fuel wood, in logs, in billets, in twigs, in faggots or
in similar forms
4401 12 00
Non-coniferous fuel wood, in logs, in billets, in twigs, in faggots
or in similar forms
4401 21 00
Coniferous wood, in chips or particles
4401 22 00
Non-coniferous wood, in chips or particles
4401 40 90
Wood waste and scrap (other than sawdust), not agglomerated
ex 4403 11 00
Coniferous wood in the rough, treated with paint, stains,
creosote or other preservatives, not stripped of bark or sapwood,
or roughly squared
ex 4403 12 00
Non-coniferous wood in the rough, treated with paint, stains,
creosote or other preservatives, not stripped of bark or sapwood,
or roughly squared
ex 4403 21
Coniferous wood of pine (Pinus spp.) in the rough, not stripped
of bark or sapwood, or roughly squared, other than treated with
paint, stains, creosote or other preservatives, of which any
cross-sectional dimension is 15 cm or more
ex 4403 22 00
Coniferous wood of pine (Pinus spp.) in the rough, not stripped
of bark or sapwood, or roughly squared, other than treated with
paint, stains, creosote or other preservatives, other than of which
any cross-sectional dimension is 15 cm or more
ex 4403 23
Coniferous wood of fir (Abies spp.) and spruce (Picea spp.) in
the rough, not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives, of which any cross-sectional dimension is 15 cm
or more
ex 4403 24 00
Coniferous wood of fir (Abies spp.) and spruce (Picea spp.) in
the rough, not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives, other than of which any cross-sectional
dimension is 15 cm or more
PLANT QUARANTINE (HARMFUL ORGANISMS)
ex 4403 25
Coniferous wood, other than of pine (Pinus spp.), fir (Abies
spp.) or spruce (Picea spp.), in the rough, not stripped of bark or
sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, of which any cross-
sectional dimension is 15 cm or more
ex 4403 26 00
Coniferous wood, other than of pine (Pinus spp.), fir (Abies
spp.) or spruce (Picea spp.), in the rough, not stripped of bark or
sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, other than of which any
cross-sectional dimension is 15 cm or more
ex 4403 99 00
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), birch (Betula spp.), poplar and aspen
(Populus spp.) or eucalyptus (Eucalyptus spp.)), in the rough,
whether or not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives
ex 4404
Split poles; piles, pickets and stakes of wood, pointed but not
sawn lengthwise
Railway or tramway sleepers (cross-ties) of wood
ex 4407
Coniferous wood, sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
ex 4407 99
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus
spp.), ash (Fraxinus spp.), birch (Betula spp.) or poplar and
aspen (Populus spp.)), sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or end-jointed, of a
thickness exceeding 6 mm
1.11. Isolated bark of Castanea Mill, and conifers (Coniferales).
2. Plants, plant products and other objects produced by producers
whose production and sale is authorised to persons
professionally engaged in plant production, other than those
plants, plant products and other objects which are prepared and
ready for sale to the final consumer, and for which it is ensured
by the responsible official bodies of the Member States, that the
production thereof is clearly separate from that of other
products.
2.1. Plants of Begonia L., intended for planting, other than corms,
seeds and tubers, and plants of Dipladenia A.DC., Euphorbia
pulcherrima Willd., Ficus L., Hibiscus L., Mandevilla Lindl.
and Nerium oleander L., intended for planting, other than seeds.
PLANT QUARANTINE (HARMFUL ORGANISMS)
PART B
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS
ORIGINATING IN TERRITORIES, OTHER THAN
THOSE TERRITORIES REFERRED TO IN PART A
Plants, plant products and other objects which are potential
carriers of harmful organisms of relevance for the entire
Community
1. Plants, intended for planting, other than seeds but including
seeds of Cruciferae, Gramineae, Trifolium spp., originating in
Argentina, Australia, Bolivia, Chile, New Zealand and
Uruguay, genera Triticum, Secale and X Triticosecale from
Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South
Africa and the USA, Citrus L., Fortunella Swingle and
Poncirus Raf., and their hybrids, Capsicum spp., Helianthus
annuus L., Solanum lycopersicum L., Medicago sativa L.,
Prunus L., Rubus L., Oryza spp., Zea mays L., Allium
ascalonicum L., Allium cepa L., Allium porrum L., Allium
schoenoprasum L. and Phaseolus L.
2. Parts of plants, other than fruits and seeds of
-
Castanea Mill., Dendranthema (DC.) Des Moul.,
Dianthus L., Gypsophila L., Pelargonium l'Herit. ex
Ait, Phoenix spp., Populus L., Quercus L., Solidago
L. and cut flowers of Orchidaceae,
-
conifers (Coniferales),
-
Acer saccharum Marsh., originating in the USA and
Canada,
-
Prunus L., originating in non-European countries,
-
Cut flowers of Aster spp., Eryngium L., Hypericum
L., Lisianthus L., Rosa L. and Trachelium L.,
originating in non-European countries,
-
Leafy vegetables of Apium graveolens L., Ocimum L.,
Limnophila L. and Eryngium L.,
-
Leaves of Manihot esculenta Crantz,
-
Cut branches of Betula L. with or without foliage,
-
Cut branches of Fraxinus L., Juglans L., Ulmus davidiana
Planch. and Pterocarya L., with or without foliage,
originating in Canada, China, Democratic People's
Republic of Korea, Japan, Mongolia, Republic of Korea,
Russia, Taiwan and the USA,
Amyris P. Browne, Casimiroa La Llave, Citropsis
-
Swingle & Kellerman, Eremocitrus Swingle,
Esenbeckia Kunth., Glycosmis Corrêa, Merrillia
Swingle, Naringi Adans., Tetradium Lour., Toddalia
Juss. and Zanthoxylum L.
Convolvulus L., Ipomoea L. (other than tubers),
-
Micromeria Benth and Solanaceae, originating in
Australia, the Americas, and New Zealand
PLANT QUARANTINE (HARMFUL ORGANISMS)
Parts of plants, other than fruits but including seeds, of Aegle
Corrêa, Aeglopsis Swingle, Afraegle Engl., Atalantia Corrêa,
Balsamocitrus Stapf, Burkillanthus Swingle, Calodendrum
Thunb., Choisya Kunth, Clausena Burm. f., Limonia L.,
Microcitrus Swingle, Murraya J. Koenig ex L., Pamburus
Swingle, Severinia Ten., Swinglea Merr., Triphasia Lour and
Vepris Comm.
3. Fruits of
-
Citrus L., Fortunella Swingle, Poncirus Raf., Microcitrus
Swingle, Naringi Adans., Swinglea Merr. and their hybrids,
Momordica L., and Solanaceae ,
-
Actinidia Lindl., Annona L., Carica papaya L., Cydonia
Mill., Diospyros L., Fragaria L., Malus L., Mangifera L;
Passiflora L., Persea americana Mill., Prunus L., Psidium
L; Pyrus L., Ribes L., Rubus L., Syzygium Gaertn.,
Vaccinium L., and Vitis L.
-
Punica granatum L. originating in countries of the
African continent, Cape Verde, Saint Helena,
Madagascar, La Reunion, Mauritius and Israel.
4. Tubers of Solanum tuberosum L.
5. Isolated bark of
-
conifers (Coniferales), originating in non-European
countries,
-
Acer saccharum Marsh, Populus L., and Quercus L.
other than Quercus suber L.,
-
Fraxinus L., Juglans L., Ulmus davidiana Planch. and
Pterocarya L., originating in Canada, China, Democratic
People's Republic of Korea, Japan, Mongolia, Republic of
Korea, Russia, Taiwan and the USA ,
-
Betula L., originating in Canada and the USA.
6. Wood within the meaning of the first sub-paragraph of Article
2(2), where it
(a)
has been obtained in whole or part from one of the
order, genera or species as described hereafter, except wood
packaging material defined in Schedule IV, Part A, Section I,
Point 2
-
Quercus L., including wood which has not kept its
natural round surface, originating in the USA, except
wood which meets the description referred to in (b) of
CN code 4416 00 00 and where there is documented
evidence that the wood has been processed or
manufactured using a heat treatment to achieve a
minimum temperature of 176°C for 20 minutes,
-
Platanus L., including wood which has not kept its natural
round surface, originating in Albania, Armenia,
Switzerland, Turkey or the USA ,
Populus L., including wood which has not kept its
-
natural round surface, originating in countries of the
American continent,
Acer saccharum Marsh., including wood which has
-
not kept its natural round surface, originating in the
USA and Canada,
-
Conifers (Coniferales), including wood which has not
kept its natural round surface, originating in non-
European countries, Kazakhstan, Russia and Turkey,
-
Fraxinus L., Juglans L, Ulmus davidiana Planch. and
Pterocarya L., including wood which has not kept its
natural round surface, originating in Canada, China,
Democratic People's Republic of Korea, Japan, Mongolia,
Republic of Korea, Russia, Taiwan and USA, -Betula L.,
including wood which has not kept its natural round
surface, originating in Canada and the USA; and
-
Amelanchier Medik., Aronia Medik., Cotoneaster Medik.,
Crataegus L., Cydonia Mill., Malus Mill., Pyracantha M.
Roem., Pyrus L. and Sorbus L., including wood which has
not kept its natural round surface, except sawdust or
shavings, originating in Canada or the USA,
-
Prunus L. including wood which has not kept its natural
round surface, originating in Canada, China, Democratic
People's Republic of Korea, Mongolia, Japan, Republic of
Korea, the USA or Vietnam.
(b)
meets one of the following descriptions laid
down in Schedule I, Part two to Council Regulation (EEC) No
2658/87
CN code
Description
4401 11 00
Coniferous fuel wood, in logs, in billets, in twigs, in faggots or in
similar forms
4401 12 00
Non-coniferous fuel wood, in logs, in billets, in twigs, in faggots or
in similar forms
4401 21 00
Coniferous wood, in chips or particles
4401 22 00
Non-coniferous wood, in chips or particles
4401 40 10
Sawdust, not agglomerated
4401 40 90
Wood waste and scrap (other than sawdust), not agglomerated
ex 4403 11 00
Coniferous wood in the rough, treated with paint, stains, creosote or
other preservatives, not stripped of bark or sapwood, or roughly
squared
ex 4403 12 00
Non-coniferous wood in the rough, treated with paint, stains,
creosote or other preservatives, not stripped of bark or sapwood, or
roughly squared
ex 4403 21
Coniferous wood of pine (Pinus spp.) in the rough, not stripped of
bark or sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, of which any cross-sectional
dimension is 15 cm or more
ex 4403 22 00
Coniferous wood of pine (Pinus spp.) in the rough, not stripped of
bark or sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, other than of which any
cross-sectional dimension is 15 cm or more
ex 4403 23
Coniferous wood of fir (Abies spp.) and spruce (Picea spp.) in the
rough, not stripped of bark or sapwood, or roughly squared, other
than treated with paint, stains, creosote or other preservatives, of
which any cross-sectional dimension is 15 cm or more
ex 4403 24 00
Coniferous wood of fir (Abies spp.) and spruce (Picea spp.) in the
rough, not stripped of bark or sapwood, or roughly squared, other
than treated with paint, stains, creosote or other preservatives, other
than of which any cross-sectional dimension is 15 cm or more
ex 4403 25
Coniferous wood, other than of pine (Pinus spp.), fir (Abies spp.) or
spruce (Picea spp.), in the rough, not stripped of bark or sapwood,
or roughly squared, other than treated with paint, stains, creosote or
other preservatives, of which any cross-sectional dimension is 15
cm or more
ex 4403 26 00
Coniferous wood, other than of pine (Pinus spp.), fir (Abies spp.) or
spruce (Picea spp.), in the rough, not stripped of bark or sapwood,
or roughly squared, other than treated with paint, stains, creosote or
other preservatives, other than of which any cross-sectional
dimension is 15 cm or more
4403 91 00
Oak wood (Quercus spp.) in the rough, whether or not stripped of
bark or sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives
4403 95
Wood of birch (Betula spp.) in the rough, whether or not stripped of
bark or sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, of which any cross-sectional
dimension is 15 cm or more
4403 96 00
Wood of birch (Betula spp.) in the rough, whether or not stripped of
bark or sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, other than of which any
cross-sectional dimension is 15 cm or more
4403 97 00
Wood of poplar and aspen (Populus spp.) in the rough, whether or
not stripped of bark or sapwood, or roughly squared, other than
treated with paint, stains, creosote or other preservatives
ex 4403 99 00
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), birch (Betula spp.), poplar and aspen
(Populus spp.) or eucalyptus (Eucalyptus spp.)), in the rough,
whether or not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other preservatives
ex 4404
Split poles; piles, pickets and stakes of wood, pointed but not sawn
lengthwise
Railway or tramway sleepers (cross-ties) of wood
ex 4407
Coniferous wood, sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
4407 91
Oak wood (Quercus spp.), sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
ex 4407 93
Wood of Acer saccharum Marsh, sawn or chipped lengthwise,
sliced or peeled, whether or not planed, sanded or end-jointed, of a
thickness exceeding 6 mm
4407 94
Wood of cherry (Prunus spp.) sawn or chipped lengthwise, sliced
or peeled, whether or not planed, sanded or end-jointed, of a
thickness exceeding 6 mm
4407 95
Wood of ash (Fraxinus spp.), sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
4407 96
Wood of birch (Betula spp.), sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
4407 97
Wood of poplar and aspen (Populus spp.), sawn or chipped
lengthwise, sliced or peeled, whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm
ex 4407 99
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.),
ash (Fraxinus spp.), birch (Betula spp.) or poplar and aspen
(Populus spp.)), sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
4408 10
Coniferous sheets for veneering (including those obtained by
slicing laminated wood), for plywood or for similar laminated
wood and other wood, sawn lengthwise, sliced or peeled, whether
or not planed, sanded, spliced or end- jointed, of a thickness not
exceeding 6 mm
4416 00 00
Casks, barrels, vats, tubs and other coopers' products and parts
thereof, of wood, including staves
9406 10 00
Prefabricated buildings of wood
PLANT QUARANTINE (HARMFUL ORGANISMS)
7. Growing medium, attached to or associated with plants, intended to
sustain the vitality of the plants originating in third countries other
than Switzerland.
Machinery and vehicles which have been operated for agricultural
or forestry purposes and meeting one of the following descriptions
laid down in Part II of Annex I to Council Regulation (EEC) No
2658/87 imported from third countries other than Switzerland
‘CN Code
Description
ex 8432
Agricultural, horticultural or forestry machinery
for soil preparation or cultivation; lawn or sports-
ground rollers
ex 8433 53
Root or tuber harvesting machines
ex 8436 80 10
Forestry machinery
ex 8701 20 90
Tractors (other than tractors of heading 8709)
Road tractors for semi-trailers used
ex 8701 91 10
Agricultural tractors and forestry tractors,
wheeled, of an engine power not exceeding 18 kW
8. Grain of the genera Triticum, Secale and X Triticosecale originating
in Afghanistan, India, Iran, Iraq, Mexico, Nepal, Pakistan, South
Africa and the USA.
Plants, plant products and other objects which are potential
carriers of harmful organisms of relevance for certain protected
zones
Without prejudice to the plants, plant products and other objects
listed in Part I.
1. Plants of Beta vulgaris L., intended for industrial processing
2. Soil from beet and unsterilised waste from beet (Beta vulgaris
L.)
3. Live pollen for pollination of Amelanchier Med., Chaenomeles
Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill.,
Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia davidiana
(Dcne.) Cardot, Pyracantha Roem., Pyrus L. and Sorbus L.
4. Parts of plants, other than fruit and seeds, of Amelanchier Med.,
Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia
Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Photinia
davidiana (Dcne.) Cardot, Pyracantha Roem., Pyrus L. and
Sorbus L.
5. Seeds of Castanea Mill., Dolichos Jacq., Magnifera spp., Beta
vulgaris L., and Phaseolus vulgaris L.
6. Seeds and fruits (bolls) of Gossypium spp., and unginned cotton.
Fruits of Vitis L
7. Wood, where it
PLANT QUARANTINE (HARMFUL ORGANISMS)
(a) has been obtained in whole or part from conifers
(Coniferales), excluding wood which is bark-free
originating in European third countries and Castanea
Mill., excluding wood which is bark-free and
(b) meets one of the following descriptions laid down in
Annex I, Part Two to Council Regulation (EEC) No.
2658/87
Description
CN code
4401 11 00
Coniferous fuel wood, in logs, in billets, in twigs, in faggots or in
similar forms
4401 12 00
Non-coniferous fuel wood, in logs, in billets, in twigs, in faggots
or in similar forms
4401 21 00
Coniferous wood, in chips or particles
4401 22 00
Non-coniferous wood, in chips or particles
4401 40 90
Wood waste and scrap (other than sawdust), not agglomerated
ex 4403 11 00
Coniferous wood in the rough, treated with paint, stains, creosote
or other preservatives, not stripped of bark or sapwood, or
roughly squared
ex 4403 12 00
Non-coniferous wood in the rough, treated with paint, stains,
creosote or other preservatives, not stripped of bark or sapwood,
or roughly squared
ex 4403 21
Coniferous wood of pine (Pinus spp.) in the rough, not stripped
of bark or sapwood, or roughly squared, other than treated with
paint, stains, creosote or other preservatives, of which any cross-
sectional dimension is 15 cm or more
ex 4403 22 00
Coniferous wood of pine (Pinus spp.) in the rough, not stripped
of bark or sapwood, or roughly squared, other than treated with
paint, stains, creosote or other preservatives, other than of which
any cross-sectional dimension is 15 cm or more
ex 4403 23
Coniferous wood of fir (Abies spp.) and spruce (Picea spp.) in
the rough, not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives, of which any cross-sectional dimension is 15 cm
or more
ex 4403 24 00
Coniferous wood of fir (Abies spp.) and spruce (Picea spp.) in
the rough, not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives, other than of which any cross-sectional dimension
is 15 cm or more
ex 4403 25
Coniferous wood, other than of pine (Pinus spp.), fir (Abies spp.)
or spruce (Picea spp.), in the rough, not stripped of bark or
sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, of which any cross-
sectional dimension is 15 cm or more
PLANT QUARANTINE (HARMFUL ORGANISMS)
ex 4403 26 00
Coniferous wood, other than of pine (Pinus spp.), fir (Abies spp.)
or spruce (Picea spp.), in the rough, not stripped of bark or
sapwood, or roughly squared, other than treated with paint,
stains, creosote or other preservatives, other than of which any
cross-sectional dimension is 15 cm or more
ex 4403 99 00
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), birch (Betula spp.), poplar and aspen
(Populus spp.) or eucalyptus (Eucalyptus spp.)), in the rough,
whether or not stripped of bark or sapwood, or roughly squared,
other than treated with paint, stains, creosote or other
preservatives
ex 4404
Split poles; piles, pickets and stakes of wood, pointed but not
sawn lengthwise
Railway or tramway sleepers (cross-ties) of wood
ex 4407
Coniferous wood, sawn or chipped lengthwise, sliced or peeled,
whether or not planed, sanded or end-jointed, of a thickness
exceeding 6 mm
ex 4407 99
Non-coniferous wood (other than tropical wood, oak (Quercus
spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus
spp.), ash (Fraxinus spp.), birch (Betula spp.) or poplar and
aspen (Populus spp.)), sawn or chipped lengthwise, sliced or
peeled, whether or not planed, sanded or end-jointed, of a
thickness exceeding 6 mm
Packing cases, boxes, crates, drums and similar packings, of
wood; cable-drums of wood; pallets, box pallets and other load
boards, of wood; pallet collars of wood
9406 10 00
Prefabricated buildings of wood
8. Parts of plants of Eucalyptus l’Hérit.
9. Isolated bark of conifers (Coniferales) originating in European
third countries.
(a) No person shall carry out any of the following activities
unless such person is registered in the Malta Official
Register (MOR), established and held by the Directorate,
under the provisions of these regulations
(i)
propagating, growing and trading or any other
activity associated with any plants, plant products or
other objects listed in Part A of Schedule V and
seeds referred to in Part A of Schedule IV;
(ii)
importation of any plant, plant product or other
object listed in Part B of Schedule V, and seeds
referred to in Part A of Schedule IV;
(iii)
production or the management of collective
warehouses or dispatching centres of
(1)
Tubers of Solanum tuberosum L., other than
seed potatoes.
(2)
Fruits of Citrus L., Fortunella Swingle,
Poncirus Raf., and their hybrids.
(b) The Director may, in cases where there is no risk of any
spreading of harmful organisms, following a request for
registration, exempt any person who qualifies as a small
producer or processor as defined in paragraph (c) from the
requirements of registration under these regulations.
(c) For the purposes of this regulation a small producer or
processor shall satisfy all the following requirements,
namely that he -
(i)
carries out the activity of propagating, growing, and,
or selling of plant material on a part time basis, and
(ii)
sells to or trades directly with the consumer, and
(iii)
is not involved in the movement of plant material to
and from other Member States, and
PLANT QUARANTINE (HARMFUL ORGANISMS)
(iv)
does not carry out any importation activities of
plant and plant products.
Provided that any person seeking to be exempted
from the provisions of this paragraph shall make an
application therefore to the Director in such form,
in such manner and within such time as the
Director may require by notice in the Gazette.
(d) Any person seeking to be registered in the official
register shall make an application to the Director in such
form, in such manner and during such time as Director
may establish in the Gazette. Such application shall as a
minimum contain the following information
(i)
the name, address and a legally valid identification
document number of the applicant,
(ii)
the type of activity for which the application is
being made,
(iii)
the species of plants or planting material which are
intended to be propagated, grown or traded,
(iv)
the address of every premises were the activity will
be carried out,
(v)
the person who will be effectively managing or
controlling the activity, hereinafter in these
regulations referred to as the authorised person,
(vi)
the stage of growth at which plants and plant
products are marketed,
(vii)
the trade licence number where applicable.
(viii) such other information as the Director may require.
(e) On receiving an application for registration the Director
shall verify such application and shall ascertain that the
applicant is a fit and proper person to be registered, and
that he can fulfil the requirements listed in regulation 7.
For such purpose the Director may request such other
information and the production of such documents as he
may deem fit.
(f)
The Director may grant or refuse an application and in
case of refusal the Director shall inform the applicant in
writing stating the reasons for such refusal.
(g) The Director shall issue a certificate with the respective
registration number.
(h) The registration of a person registered under these
regulations may be removed from the official register
either on the request of person so registered or if in the
opinion of the Director such person is no longer a fit and
proper person to remain so registered.
(i)
Any registered person shall notify the Director, within
ten working days, of any change in any of the particulars
submitted in the application for registration and with any
changes in circumstances which may affect their
registration.
(j)
the authorised person as referred to in regulation 6(d)(v)
shall follow obligatory training organised by the
Directorate on ongoing issues related to plant health
Provided that if authorised person does not follow such
training, the Director may revoke the MOR compliance
certificate or refuse to issue such certificate as the case
may be, for that particular year for which training was not
followed.
INFORMATION THAT SHALL APPEAR ON A
PLANT PASSPORT
1. EC-Plant Passport'.
2. Indication of member State code, in case for Malta (M).
3. Indication of the responsible official body or its distinguishing code,
in case of Malta the Plant Health Department (PHD).
4. Registration number.
5. Individual serial, or week or batch number.
6. Botanical name in Latin.
7. Quantity.
8. The distinctive marking 'ZP' for the territorial validity of the passport
and, where appropriate, the name of the protected zone(s) for which
the product is qualified.
9. The distinctive marking 'RP' in case of replacement of a plant passport
and, where appropriate, the code for the originally registered producer
PLANT QUARANTINE (HARMFUL ORGANISMS)
or importer.
10. Where appropriate, the name of the country of origin or consignor
country, for third country products.
(a) A person registered under these regulations shall at all
Obligations for
registered persons.
times comply with the requirements established under
Amended by
paragraph (b) to the satisfaction of the Director.
L.N. 354 of 2017
(b) A registered person shall
(i)
meet obligations relating to the assessment or
improvement of the plant health situation of the
premises and to safeguard the identity of material;
these obligations may include activities such as
special examination, sampling, isolation, rouging,
treatment, destruction and marking and any other
measure which is specifically required under
Section II, Part A of Schedule IV or Part B of
Schedule IV;
(ii)
keep an updated plan of the premises on which the
plants, plant products or other objects are grown,
produced, stored, kept or used by the business,
individual or other organisation so listed;
(iii)
keep records on plants, plant products or other
objects
-
purchased for storage or planting on the
premises,
-
under production,
-
dispatched to others,
and to keep the documents for at least one year;
(iv)
the authorized person shall carry out visual
observations as necessary and at appropriate times,
to ascertain that obligations laid down in these
regulations are met and in such a way, and in such a
manner as laid down in guideline instructions as
may by time to time be issued by the Director;
(v)
give such information and co-operate with the
Director on any matter relating to these regulations
and for such purpose shall ensure access for
inspectors and officials of the Plant Health
Department, in particular for inspection and, where
appropriate, sampling, and to the records referred to
in sub-paragraph (iii) and related documents in
PLANT QUARANTINE (HARMFUL ORGANISMS)
accordance with these regulations.
PLANT PASSPORTS
Amended by
L.N. 480 of 2004;
(Regulation 4L)
L.N. 361 of 2005;
L.N. 245 of 2006;
L.N. 359 of 2007;
L.N. 232 of 2019.
Conditions for movement of susceptible plants and susceptible wood
and bark within the Union, as provided for in Regulation 4L
SECTION 1
Conditions for movement of susceptible plants and susceptible wood
and bark from demarcated areas into areas other than demarcated areas
and from
infested zones into buffer zones
1. Susceptible plants may be moved provided that those plants
fulfil the following conditions
(a) they have been grown in places of production where no
PWN or its symptoms have been observed since the
beginning of the last complete growing cycle;
(b) they have been grown throughout their life under complete
physical protection ensuring that the vector cannot reach
the plants;
(c) they have been officially inspected, tested, and found free
from PWN and the vector;
(d) they are accompanied by a plant passport prepared and
issued in accordance with regulation 10 for destinations
within the Union;
(e) they are transported outside the flight season of the vector
or in closed containers or packaging ensuring that
infestation with PWN or the vector cannot occur.
2. Susceptible wood and bark, with exception of wood packaging
material, may be moved provided that that wood or bark fulfils
the following conditions
(a) It has undergone an appropriate heat treatment in an
authorised treatment facility to achieve a minimum
temperature of 56 °C for at least 30 minutes throughout
that wood and bark ensuring freedom from live PWNs and
PLANT QUARANTINE (HARMFUL ORGANISMS)
live vectors. In the case of a composting heat treatment, the
composting shall be carried out in accordance with a
treatment specification approved in accordance with the
procedure referred to in Article 18(2) of Directive 2000/29/
EC.
(b) It is accompanied by the plant passport referred to regulation
10 and issued by an authorised treatment facility; as regards
susceptible wood in the form of beehives and bird nesting
boxes, it is accompanied by that plant passport or it is
marked in accordance with Annex II to the FAO
International Standard for Phytosanitary Measures No 15.
(c) If it is not free from bark, it is moved either outside the
flight season of the vector or with a protective covering
ensuring that infestation with PWN or the vector cannot
occur.
3. Susceptible wood in the form of wood packaging material may be
moved provided that that wood packaging material fulfils the
following conditions
(a) it has been subjected in an authorised treatment facility to
one of the approved treatments, specified in Annex I to the
FAO International Standard for Phytosanitary Measures No
15 on Regulation of wood packaging material in
international trade, ensuring freedom from live PWNs and
live vectors;
(b)
it is marked in accordance with Annex II to that
International Standard.
4. By way of derogation from points 2 and 3, susceptible wood may
be moved out of the demarcated area, or out of the infested zone
into the buffer zone, to the authorised treatment facility located at
the shortest distance from that demarcated area or infested zone
for immediate treatment where no appropriate treatment facility
is located inside that area or zone.
The derogation shall apply only if the following conditions are
fulfilled
(a) the management, treatment, storage and transport of felled
susceptible plants in accordance with points 8 and 10 of
Annex I of Commission Implementing Decision 2012/535/
EU, and point 3(c) and point 4 of Annex II of that Decision,
ensure that the vector cannot be present on or escape from
that wood;
(b) the movements take place outside the flight season of the
vector or with a protective covering ensuring that infestation
PLANT QUARANTINE (HARMFUL ORGANISMS)
of other plants, wood or bark with PWN or the vector
cannot occur;
(c) the movements are subject to regular on-site control by the
competent authorities.
5. By way of derogation from points 2 and 3, susceptible wood and
bark chipped into pieces of less than 3 cm thickness and width
may be moved out of the demarcated area to the authorised
treatment facility located at the shortest distance from that area,
or out of the infested zone into the buffer zone, to be used as
fuel, provided that points (b) and (c) of the second sub-
paragraph of point 4 are fulfilled.
SECTION 2
Conditions for movement of susceptible plants and susceptible wood
and bark within infested zones subject to eradication measures
1. Susceptible plants for planting may be moved provided that
those plants fulfil the same conditions as set out in point 1 of
Section 1.
2. Susceptible wood and bark may be moved in order for that
wood or bark to be subjected to one of the following treatments
(a) It is to be destroyed by burning in a nearby location within
the demarcated area designated for this purpose.
(b) It is to be used in a processing facility as fuel or for other
destructive purposes ensuring freedom from live PWNs
and live vectors.
(c) It is to undergo an appropriate heat treatment in an
authorised treatment facility to achieve a minimum
temperature of 56 °C for at least 30 minutes throughout
that wood and bark ensuring freedom from live PWNs and
live vectors. In the case of a composting heat treatment, the
composting shall be carried out in accordance with a
treatment specification approved in accordance with the
procedure referred to in Article 18(2) of Directive 2000/
29/EC.
The following conditions shall apply to those movements
(a) the wood or bark is to be moved under official supervision
and outside the flight season of the vector or with a
protective covering ensuring that infestation of other
plants, wood or bark with PWN or the vector cannot occur;
or
(b) wood or bark having undergone the treatment referred to in
point (c) of the first paragraph may be moved, provided
that it is accompanied by a plant passport issued by an
authorised treatment facility.
This point shall neither apply to wood packaging material
nor to susceptible wood obtained from plants individually
tested and found free from PWN.
3. Susceptible wood in the form of wood packaging material may
be moved if it fulfils the conditions set out in point 3 of Section 1.
(a) No plants, plant products or other objects listed in Part A
of Schedule V and seeds referred to in regulation 5(a) of
these regulations, whether originating from third
countries or otherwise, may be moved unless
accompanied by a plant passport issued in accordance
with these regulations, or by the competent authority in a
member state. Such passport shall be attached to plants,
plant products and other objects, to their packaging or to
the vehicles transporting them
Provided that, in the case of seeds referred to in
regulation 5(a) of these regulations, a plant passport will
not be required if there is issued in relation to such seeds
a commercialisation certificate issued under the Act. In
such case, such documents shall be deemed to be plant
passports for the purposes of these regulations.
(b) the requirements of paragraph (a) shall not apply to the
movement of small quantities of plants, plant products,
and other objects, which -
(i)
do not show any sign of any plant infection or
infestation and there is no evident risk of harmful
organism spreading, and
(ii)
are intended for use by the owner or recipient for
non-industrial and non-commercial purposes or for
consumption during transport.
(c) A plant passport may only be issued if it satisfies the
requirements specified in regulation 5 and complies with
all the other relevant conditions provided for in these
regulations.
Substituted by
L.N. 99 of 2012;
L.N. 354 of 2017.
1. Plant health movement
2. PLANT HEALTH MOVEMENT DOCUMENT NO. EC.
/…/… 1
document as referred to in
Article 1(3)(c) of
Commission Directive
2004/103
3. Identification of consignment 2 - This consignment contains produce of phytosanitary
relevance
Plant, plant product or other object (TARIC code): ...............................................................
Reference number(s) of required phytosanitary documentation
Country of issue: ..................................................................................................................
Date of issue: .......................................................................................................................
Distinguishing mark(s), numbers, number of packages, amount (weights/units)
Reference
number
of
required
customs
documentation
4. Official registration number of importer: .........................................................................
I, the undersigned importer, hereby request the responsible official body to carry out the
official identity checks and plant health checks of the above mentioned plants, plant
products or other objects at the approved place of inspection listed below and I undertake to
respect the rules and procedures set by the official responsible body.
Date, name and signature of importer ....................................................................................
5.1 Point of entry
5.2 Countersigning by official body of point of entry (date,
name, service stamp and signature)
6. Approved places of inspection 3
A. .................................................................. B (replaces A) ...........................................
The plants, plant products or other objects are moved to the above mentioned place(s) of
inspection in accordance with the agreement concluded between 4
This consignment may not be moved to places other than those listed above unless this has
been officially approved.
7.Documentary check
8.Identity check
9.Plant health check
Place/date
Place/date
Place/date
Name
Name
Name
Service stamp/signature
Service stamp/signature
Service stamp/signature
10. Decision
Release
Place/date: ............................................................................................
Name: ..................................................................................................
Service/stamp/signature ....................................................................,..
I n d i ca t e E C p l an t p a s s p o r t ( s e r i al o r we e k o r b a t c h ) n u m b e r wh er e a p pr op r i a t e
Official measure
Refusal of entry
Destruction
Movement outside the Community
Quarantine period
Removal of infected/infested produce
Appropriate treatment
Remark: ................................................................................................................................
(1) Make reference to country code/number.
(2) Fill in box or make reference to information on Phytosanitary certificate which must be attached.
(3) Make reference to ‘C’ (Article 13c(2)(c) of Directive 2000/29/EC or ‘D’ (Article 13c(2) 9(d) of
Directive 2000/29/EC).
(4) When appropriate, give details on agreement between Member States’ official services, either on
a case-by-case agreement or on the basis of a longer-term agreement.
(a) Producers and importers registered under regulation 6
may be authorised by the Director to issue passports
subject to the provisions of this regulation.
(b) Producers and importers seeking to be authorised to issue
passports as aforesaid shall make an application to the
Director in such form, in such manner and within such
time as the Director may from time to time establish by
notice in the Gazette. Such application shall as a
minimum contain the following information
(i)
name, address, a legally valid identification
document, and the official registration number of
the applicant,
(ii)
species of plants or planting material for which
plant passports are to be issued,
(iii)
the address of every premises were the activity will
be carried out,
(iv)
the person who will be responsible to produce,
store and issue plant passports,
PLANT QUARANTINE (HARMFUL ORGANISMS)
(v)
such other information as the Director may require.
(c) When an application is received by the Director, an
inspection can be carried out by the Department of the
premises connected with the activity for the purpose of
ascertaining, for the purposes of these regulations, the
plant health status of such plants, plant products or other
objects. the applicant shall allow the inspector access to all
records and to any premises to carry out such inspection
and the facility to take any samples from any premises
used in connection with the activity in accordance with
these regulations. Such inspections may be subject to fees
as stipulated under Schedule XXVI to these regulations.
(d) The Director may grant or refuse an application and in
case of refusal the Director shall inform the applicant in
writing stating the reasons for such refusal.
(e) Any authorisation issued under this regulation may be
suspended or revoked in part or in full by the Director if he
has reasonable cause to make such suspension or
revocation. In such a case the Director shall immediately
inform the authorised person giving the reasons for such
suspension or revocation and the Director may also in such
notice require the applicant to remedy the situation in such
manner and within such time as may be specified in such
notice.
(f)
Any person authorised to issue plant passports shall notify
the Director of any change in any of the particulars
submitted in the application to be authorised to issue plant
passports and with any changes in circumstances which
may effect their registration.
(g) An authorisation for the issue of plant passports under this
regulation shall include an authorization for the issue of a
replacement passport as provided for in regulation 11.
(h) The Director shall ensure that the plant passport shall be
produced, printed and stored, by the producer, person or
importer under the control of the Directorate.
(1) The Director shall ensure that the conditions laid down
in sub-regulation (2) are met when a plant passport is issued and
attached to plants, plant products or other objects, to their packaging or
to the vehicles transporting them. The issuing includes the preparation
of the passport, in particular the filling-in of the information and the
action necessary to make the plant passport available for use by the
applicant.
(2)
For the purpose of sub-regulation (1), the Director shall,
without prejudice to the other requirements laid down in these
regulations
(a) ensure that the producer, person or importer referred to in
regulation 10 (b) applies to them for the issuance of a plant
passport, or for the replacement of a plant passport;
(b) determine, where appropriate, on the basis of inspections
PLANT QUARANTINE (HARMFUL ORGANISMS)
as provided for in regulation 5(c) and (d) and carried out
in accordance with regulation 8, the restrictions
applicable to the plants, plant products or other objects,
and accordingly the territorial validity of the plant
passport, or determine the replacement of the said plant
passport, as well as the information to be filled in
Provided that if the producer, person or importer referred
to in regulation 10(b) intends to dispatch a plant, plant
product or other object into a protected zone for which he
does not have a valid plant passport, the Director shall
take the necessary steps and determine accordingly
whether the product qualifies for the relevant protected
zone. The said responsible official bodies shall ensure
that the producer, person or importer shall notify the
above mentioned intention to them within a reasonable
period of time prior to dispatch and shall apply
simultaneously for the corresponding plant passport;
(c) ensure that the information is filled as stipulated in
regulation 10(c);
(d) ensure that if a plant, plant product or other object has
received the qualification by them for a specific protected
zone or zones, the code for the protected zone or zones,
the code for the protected one or zones shall be indicated
on the plant passport, against the distinctive marking
"ZP" (zona protecta) indicating that the said plant
passport covers a plant, plant product or other object
qualified for a protected zone or zones;
(e) ensure that if a plant passport is to be delivered for a
plant, plant product or other object originating outside
the Community, the plant passport shall be used, with the
indication of the name of the country of origin or, where
appropriate, the consignor country on the said plant
passport;
(f)
ensure that if a plant passport is to be replaced by another
plant passport, the plant passport referred to in regulation
2(1) shall be used; the code for the originally registered
producer or importer shall be indicated on the said plant
passport, against the distinctive marking "RP"
("replacement passport") indicating that the said plant
passport replaces another plant passport;
(g) depending on where the said plant passport is physically
stored, either deliver the said plant passport, or authorize
the producer, person or importer referred to in regulation
10 (b) to use it accordingly; and
(h) ensure that the part of the said plant passport consisting
of the label be attached under the responsibility of the
producer, person or importer referred to in regulation
9(h) to the plants, plant products or other objects, to their
packaging or to the vehicles transporting them in such a
manner that it cannot be re-used.
PLANT QUARANTINE (HARMFUL ORGANISMS)
NOTIFICATION OF INTERCEPTION OF A
CONSIGNMENT OF
HARMFUL ORGANISM FROM A THIRD COUNTRY
1. CONSIGNOR
2. INTERCEPTION FILE
a. Name
a. Reference number
b. Address
Request for message to be sent to
c. Country
b. Member States
c. EPPO
3. CONSIGNEE
4.a. Plant protection organization of
a. Name
b. to
b. Address
5.a. Country + b. place of export
c. Country
6.a. Country + b. place of origin
d. Country + e. place of destination
7. TRANSPORT
9. OF
THE
CONSIGNMENT
a. Model(s) of transport
a. Type of document
b. Mean(s) of transport
b. Document number
c. Identification(s)
c. Country + d. place of issue
8. Point of entry
e. Date of issue
10. DESCRIPTION OF THE INTERCEPTED PART OF 11.a. Net mass/volume/number
THE CONSIGNMENT
of
units
in
the
consignment
a. Type of package(s)/container(s)
b. Unit of measures
b. Distinguishind mark(s) of package(s)/container(s)
12.a.
Net mass/volume/number
c. Number(s) of package(s)/container(s)
of units of the intercepted
d. Plant, plant product or other object
part
e. Class of commodity
b. Units of measure
13.a. Net mass/volume/number
of
units
of
the
contaminated part
b. Unit of measure
14. REASON(S) FOR INTERCEPTION
a. Reason(s)
b. Scientific name of the harmful organism
c. Extent of the contamination
15. MEASURES TAKEN
16. FREE TEXT
a. Measures
b. Extent of the measures
QUARANTINE IMPOSED
c. Begin date
d. Anticipated end date
e. Actual end date
f. Country + g. place of quarantine
17. INFORMATION ON THE INTERCEPTION 18. SENDER OF THE MESSAGE
a. Place/check point
a. Official service + b. official stamp
b. Official service
c. Date
c. Person responsible for the file
d. Date
(a) the Director may establish the form of the plant passport.
However the plant passport shall contain the information as established
in Schedule (VI).
The Director shall require that when the plant passport consists of a
label and the accompanying document
(i) the accompanying document contains at least the
information required under items 1 to 10 of Schedule
VI; and
(ii) the information contained on the plant passport label
can be limited to the information required under items
1 to 5. In such a case the plant passport shall be
deemed to be complete if accompanied by the said
commercial document. Where in the movement of
plants, plant products or other objects the authorized
person or inspector requires to insert information in
addition to that contained in Schedule VI, the
authorized person or inspector shall insert such
information on t he commercia l ac companying
document and not on the plant passport label. In such a
case such information shall be clearly and distinctly
separated from the information listed in said Schedule
(VI);
(b) the plant passport shall consist of an official label and an
accompanying document containing the required
information as laid down in Schedule (VI). The label shall
not have previously been used and shall be of suitable
material. The use of official adhesive labels shall be
authorized;
(c) the required information shall preferably be printed in
typescript and in capital letters if the plant passport is pre-
printed, but may be handwritten in capital letters and shall
be in Maltese or English. The botanical name of the plants
or plant products shall be indicated in Latin characters.
Alterations, obliterations and erasures which are not
signed by the authorized person or inspector shall
invalidate the said plant passport;
(d) any plant passport affixed to any plant material specified
in accordance with paragraph (a) shall be produced, stored
and affixed to such plant material, by or under the
supervision of an authorized person or an inspector;
(e) the authorized person or inspector referred to in paragraph
(d), as appropriate, shall ensure that in relation to any
plant, plant product or object listed under Part A of
Schedule V a valid passport appropriate for the destination
within the Community of such plant, plant product or other
object is issued. Where relevant, this shall include an
indication as specified in Schedule VI that the plant, plant
product or other object meets the appropriate requirements
of any protected zone to which the plant, plant product or
other object is being moved;
PLANT QUARANTINE (HARMFUL ORGANISMS)
(f)
commercial purchasers of plants, plant products or other
objects, as final users professionally engaged in plant
production, shall retain the related plant passports for at
least one year, and enter the references in their records.
The Director may by notice in the Gazette specify the
format in which records shall be kept;
(g) in the case of tubers of Solanum tuberosum L. intended
for planting, as listed in item 18.1 of Section II of Part A
of Schedule VI to these regulations, the official label
defined in Schedule V to the Seeds of Agricultural Plants
and Vegetables Regulations may be used in place of a
plant passport provided that the label provides evidence
that the requirements referred to in regulation 8(c) are
complied with; compliance with the provisions governing
the introduction of tubers of Solanum tuberosum L.,
intended for planting into and their movement within a
protected zone recognised in respect of harmful
organisms relating to those tubers, shall be noted either
on the label or on any other trade document;
(h) in the case of seeds of Helianthus annuus L., listed in
item 26 of Section II of Part A of Schedule IV to these
regulations, the official label defined in Annex IV to
Council Directive 2002/57/EC on the marketing of seed
of oil and fibre plants may be used in place of a plant
passport provided that it complies with the relevant
special requirements listed in Section II of Part A of
Schedule IV to these regulations;
(i)
in the case of seeds of Solanum lycopersicum (L.)
Karsten ex Farw. and Phaseolus L., listed in items 27 and
29 of Section II of Part A of Schedule IV to these
regulations, the official label defined in Schedule V to the
Seeds of Agricultural Plants and Vegetables Regulations
may be used in place of a plant passport provided that the
label provides evidence that the seeds be officially
examined in order to comply with the provisions of
Schedule IV to these regulations;
(j)
in the case of seeds of Medicago sativa L., listed in items
MODEL CERTIFICATES
The following model certificates are determined with regard to
-
The text,
-
The format
-
The layout and the dimensions of the boxes
-
The colour of the paper and the colour of the printing.
Part A. Model Phytosanitary Certificate
GOVERNMENT OF MALTA
Plant Health Department
Lija - Malta
Phytosanitary Certificate No.
EXPORT
2. Declared name and address of consigner
3. Plant Quarantine Section, Malta
to Plant Protection Organisation of
4. Place of origin
5. Declared means of conveyance
6. Name and address of exporter
7. Declared point of entry
8. Distinguishing marks, number and description of
9. Quantity declared
packages, name of produce, botanical name of plants
10. This is to certify that the plants or plant products described above have been inspected
according to appropriate procedures, and are considered to be free from quarantine pests
practically free from other injurious pests, and that they are considered to conform with
the content of phytosanitary regulations of the importing country
11. Additional declaration
DISINFESTATION AND/OR DISINFECTION TREATMENT
12. Treatment
18. Place of issue
Date
13. Chemical (active ingredient)
14. Duration and temperature Name and signature of
authorised officer
15. Concentration
16. Date
Stamp
17. Additional information
N.B. No liability attaches to the Department or to any of its officers
in connection with the issue of this Certificate.
Part B. Model Phytosanitary Certificate for re-export
GOVERNMENT
OF MALTA
Plant Health Department
Lija - Malta
Phytosanitary Certificate No.
For Re-Export
ORIGINAL
2. Declared name and address of consigner
3. Plant Quarantine Section, Malta
to Plant Protection Organisation of
9. Place of origin
10. Declared means of conveyance
11. Name and address of exporter
12. Declared point of entry
13. Distinguishing marks, number and description of
9. Quantity declared
packages, name of produce, botanical name of plants
13. This is to certify
that the plant products described above were imported into Malta (country of re-export) ..
from (country of origin) .................... covered by Phytosanitary Certificate no. ................
* original
certified true copy of which is attached to this Certificate
that they are
* packed
repacked in
original
new containers
that based on the
* original Phytosanitary Certificate and additional inspection, they are considered to
conform with the current regulations of the importing country, and
that during storage in Malta (country of re-export) the consignment has not been
subjected to the risk of infestation or infection.
* Insert tick in the appropriate boxes.
14. Additional declaration
DISINFESTATION AND/OR DISINFECTION TREATMENT
15. Treatment
15. Place of issue
Date
13. Chemical (active ingredient)
14. Duration and temperature Name and signature of
authorised officer
15. Concentration
18. Date
Stamp
19. Additional information
N.B. No liability attaches to the Department or to any of its officers
in connection with the issue of this Certificate.
PLANT QUARANTINE (HARMFUL ORGANISMS)
Amended by
L.N. 232 of 2019.
PART A
CONDITIONS UNDER WHICH PROHIBITED PESTS AND
REGULATED ARTICLES LISTED IN SCHEDULES I TO V AND
OTHER LIVING PLANT PESTS AT ALL STAGES OF THEIR
DEVELOPMENT MAY BE INTRODUCED, OR MAINTAINED IN
MALTA FOR TRIAL OR SCIENTIFIC PURPOSES AND FOR
WORK ON PLANT BREEDING
I.
GENERAL CONDITIONS
1. In compliance with regulation 20(1), the Plant Health Department
shall issue official permits for the introduction and movement of articles
necessary for research (hereinafter: permit) if the application complies with
the provisions of Part B of this Schedule; furthermore,
(a)
the nature and objectives of the research and the research
material intended for introduction and movement meet the
requirements of regulation 20,
(b)
the containment conditions of the premises and facilities at the
site or sites indicated in the application are in compliance with
the provisions laid down in points 5 and 6 and approved by the
Department, and
(c)
the scientific and technical qualifications of the personnel by
whom the activities are to be undertaken, are approved by the
Department.
2. The quantity of research material specified in the permit shall be
limited to an amount that is adequate for the approved activities and in any
case the amount shall not exceed quantities which have been determined
having regard to available containment facilities.
3. The suitability of containment conditions of the premises and
facilities at the sites, based on paragraphs 1(b) and 1(c), shall be assessed
according to the risk assessment made by the Department as well as to the
provisions under 5 and 6.
4. The Department will provide for and supervise quarantine.
5. The following phytosanitary measures concerning the premises,
facilities and working procedures are provided for by the Department, taking
the applicant’s information into consideration
(a)
physical isolation from all other plant/pest population,
including consideration of control of vegetation in surroundings
areas,
(b)
designation of a contact person responsible for the activities,
(c)
restricted access to the premises and facilities, and to
surrounding area, as appropriate, to named personnel only,
(d)
appropriate identification of the premises and facilities,
indicating the type of activities and person responsible,
(e)
maintenance of a register of the activities performed and
manual of operating procedures, including procedures in the
event of escape of pests from containment,
(f)
appropriate security and alarm systems,
(g)
appropriate control measures to prevent the introduction into
and the spread within the premises of pests,
(h)
controlled procedures for sampling and for transfer between
premises and facilities, of the material,
PLANT QUARANTINE (HARMFUL ORGANISMS)
(i)
controlled waste, soil and water disposal, as appropriate,
(j)
appropriate hygiene and disinfestation procedures and facilities
for personal, structures and equipment,
(k)
appropriate measures and facilities for disposal of experimental
material (test facility and testing procedures).
6. The Department may provide for further quarantine measures
according to the specific biology and epidemiology of the type of material
involved,
(a)
maintenance in facilities which separate chamber ‘double door’
access to personnel, maintenance under negative air pressure,
(b)
maintenance in espace-proof containers with appropriate mesh
size and other barriers e.g. water barrier for mites, closed soil
containers for nematodes, electric insect traps,
(c)
maintenance in isolation from other pests and material, e.g.
viruliferous plant food material, host material,
(d)
maintenance of material for breeding in breeding cages with
manipulation devices,
(e)
no interbreeding of the pests with indigenous strains or species,
(f)
avoidance of continuous culture of the pests,
(g)
maintenance under conditions that strictly control the
multiplication of the pest, e.g. under an environmental regime
such that diapause does not occur,
(h)
maintenance in such a way that no spread by propagules can
occur, e.g. air streams should be avoided,
(i)
procedures to check the purity of cultures of the pests for
freedom from parasites and other pests,
(j)
appropriate control programmes for the material to eliminate
possible vectors, for in vitro activities, handling of the material
under sterile conditions; equipping the laboratory for the
performance of aseptic procedures,
(k)
maintenance of pests spread by vectors under conditions such
that there is no spread via the vector e.g. controlled mesh size,
containment of soil,
(l)
seasonal isolation to ensure the activities are done during periods
of low plant health risk.
PART B
INFORMATION TO BE LISTFD ON THF PERMIT APPLICATION
The application referred to in regulation 20(b) shall specify at least the
following
-
the name and address of the person responsible for the activities,
-
the scientific name or names of the material, including the
harmful organism concerned, where appropriate,
-
the type of material,
-
the quantity of material,
-
the place of origin of the material, with appropriate documentary
evidence for material to be introduced from a third country,
-
the duration, nature and objectives of the activities envisaged,
including at least, a resumé of the work and a specification for
trial for scientific purposes or work on varietal selections,
-
the address and description of the specific site or sites for
quarantine containment and, where appropriate, for testing,
-
the place of first storage or of first planting, as appropriate, after
the material has been officially released, where appropriate,
-
the proposed method of destruction or treatment of material on
completion of the approved activities, where appropriate,
-
the place of introduction within the Community for material to
be introduced from a third country.
MODEL LETTER OF AUTHORITY FOR THE
INTRODUCTION AND/OR MOVEMENT OF PESTS,
PLANTS, PLANT PRODUCTS AND OTHER ARTICLES
FOR TRIAL OR SCIENTIFIC PURPOSES AND FOR
WORK ON PLANT BREEDING
Ministry for Rural Affairs and the Environment
Plant Health Department
Malta
NUMBER: ........................
LETTER OF AUTHORITY
For the introduction and movement of prohibited pests and regulated article listed in
Schedule 1 to 5 of the Plant Quarantine Regulations and other living plant pests at all stages
of their development for trial or scientific purposes and for work on plant breeding
(Plant Quarantine Regulations)
1. Name and address of consignor/Plant Protection organisation of the country of origin
2. Name and address of person responsible 3. Plant Quarantine Section
for the approved activities
Plant Health Department
Malta
4. Address and description of the specific 5. Place of origin (documentary evidence
site or sites for quarantine containment
attached for the imported material)
7. Declared point of entry for the imported 6. Phytosanitary certificate number
research material
Plant Passport Number
8. Scientific name(s) of the
material, 9. Quantity of the research material
including the pests concerned
10. Type of research material
11. Additional declaration
This material is introduced into / moved within Malta under LN
Delete as applicable
12. Additional information
PLANT QUARANTINE (HARMFUL ORGANISMS)
13. Endorsement by the responsible official 9. Stamp of the Plant Health Department,
b o d y o f t h e c o u n t r y o f o r i g i n of t h e
Malta
Place of Endorsement
Place of issue
Name and signature of authorised officer
Date
Name and signature of authorised officer
QUARANTINE MEASURES INCLUDING TESTING ON PLANTS,
PLANT PRODUCTS AND OTHER OBJECTS INTENDED FOR
RELEASE
FROM QUARANTINE
PART A
For certain plants, plant products and other objects listed in Schedule III to
these Regulations
Section I
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids,
other than fruit and seeds
1. The plant material, as appropriate, shall be subjected to appropriate
therapy procedures as laid down in FAO/IPGRI Technical Guidelines.
2. The plant material, following the therapy procedures carried out in
point 1, shall be subjected to indexing procedures in its entirety. All plant
material including indexing plants, shall be held at the approved facilities under
the quarantine containment conditions laid down in Schedule XI to these
regulations. Plant material intended for approval for official release shall be
held under conditions conducive to a normal cycle of vegetative growth and be
subjected to visual inspection for signs and symptoms of harmful organisms
including all relevant harmful organisms listed in Directive 77/93/EEC, on
arrival and subsequently, at appropriate time, during the period of the indexing
procedures.
3. For the purposes of point 2, the plant material shall be indexed for
harmful organisms (tested for and identified) according to the following
procedures
3.1
The testing shall use appropriate laboratory methods and, where
appropriate, indicator plants, including Citrus sinensis (L.) Osbeck, C.
aurantifolia Christm. Swing, C. medica L., C. reticulata Blanco and Sesamum
L., in order to detect at least the following harmful organisms
(a)
Citrus greening bacterium
(b)
Citrus variegated chlorosis
(c)
Citrus mosaic virus
(d)
Citrus tisteza virus (all isolates)
(e)
Citrus vein enation woody gall
(f)
Leprosis
(g)
Naturally spreading psorosis
(h)
Phoma tracheiphila (Petri) Kanchaveli & Gikashvili
PLANT QUARANTINE (HARMFUL ORGANISMS)
(i)
Satsuma dwarf virus
(j)
Spiroplasma citri Saglio et al
(k)
Tatter leaf virus
(l)
Witches’ broom (MLO)
(m) Xanthomonas campestris (all strains pathogenic to Citrus).
3.2
For diseases such as Blight and Blight-like for which there are no
short-term indexing procedures the plant material must be subjected upon
arrival to shoot-tip grafting onto seedling stock grown under sterile culture as
set out in FAO/IPGRI Technical Guidelines, and the resulting plants subjected
to therapy procedures according to point 1.
4. The plant material subjected to the visual inspections referred to in
point 2 and on which signs and symptoms of harmful organisms have been
observed shall be subjected to an investigation including testing where
necessary, to determine as far as possible, the identity of the harmful
organisms causing the signs and symptoms.
Section II
Plants of Cydonia Mill., Malus Mill., Prunus L., and Pyrus L., and their
hybrids and Fragaria L., intended for planting, other than seeds
1. The plant material, as appropriate, shall be subjected to appropriate
therapy procedures as laid down in FAO/IPGRI Technical Guidelines.
2. The plant material, following the therapy procedures carried out in
point 1, shall be subjected to indexing procedures in its entirety. All plant
material including indexing plants, shall be held at the approved facilities
under the quarantine containment conditions laid down in Schedule XI. Plant
material intended for approval for official release shall be held under
conditions conducive to a normal cycle of vegetative growth and be subjected
to visual inspection for signs and symptoms of harmful organisms including all
relevant harmful organisms listed in Directive 77/93/EEC, on arrival and
subsequently, at appropriate times, during the period of indexing procedures.
3. For the purposes of point 2 the plant material shall be indexed for
harmful organisms (tested for and identified) according to the following
procedures
3.1
In the case of Fragaria L., irrespective of the country of origin of the
plant material, the testing shall use appropriate laboratory methods and, where
appropriate, indicator plants, including Fragaria vesca, F. virginiana and
Chenopodium spp., for the detection of at least the following harmful
organisms
(a)
Arabic mosaic virus
(b)
Raspberry ringspot virus
(c)
Strawberry crinkle virus
(d)
Strawberry latent ‘C’ virus
(e)
Strawberry latent ringspot virus
(f)
Strawberry mild yellow edge virus
(g)
Strawberry vein babding virus
(h)
Strawberry witches’ broom mycoplasm
(i)
Tomato black ring virus
(j)
Tomato ringspot virus
(k)
Colletotrichum acutatum Simmonds
(l)
Phytophthora fragariae Hickman var fragariae Wilcox &
Duncan
(m) Xanthomonas fragariae Kennedy & King.
PLANT QUARANTINE (HARMFUL ORGANISMS)
3.2
In the case of Malus Mill
(i)
where the plant material originates from a country which is not known
to be free of any of the following harmful organisms
(a)
Apple proliferation mycoplasm; or
(b)
Cherry rasp leaf virus (American),
the testing shall use appropriate laboratory methods and, where appropriate,
indicator plants for the detection of the relevant harmful organisms, and
(ii)
irrespective of the country of origin of the plant material, the testing
shall use appropriate laboratory methods and, where appropriate, indicator
plants for the detection of at least the following harmful organisms
(a)
Tobacco ringspot virus
(b)
Tomato ringspot virus
(c)
Erwinia amylovora (Burr.) Winsl. et al.
3.3
In the case of Prunus L., as appropriate for each Prunus species
(i)
where the plant rnaterial originates from a country which is not known
to be free of any of the following harmful organisms
(a)
Apricot chlorotic leafroll mycoplasm;
(b)
Cherry rasp leaf virus (American); or
(c)
Pseudomonas syringae pv. persicae (Prunier et al.) Young et al.,
the testing shall use appropriate laboratory methods and, where appropriate,
indicator plants for the detection of the relevant harmful organisms; and
(ii)
irrespective of the country of origin of the plant material, the testing
shall use appropriate laboratory methods and, where appropriate, indicator
plants for the detection of at least the following harmful organisms
(a)
Little cherry pathogen (non-European isolates)
(b)
Peach mosaic virus (American)
(c)
Peach phony rickettsia
(d)
Peach rosette mosaic virus
(e)
Peach rosette mycoplasm
(f)
Peach X-disease mycoplasm
(g)
Peach yellows rnycoplasm
(h)
Plum line pattern virus (Arnerican)
(i)
Plum pox virus
(j)
Tomato ringspot virus
(k)
Xanthomonas campestris pv. pruni (Smith) Dye.
3.4. In the case of Cydonia Mill. and Pyrus L. irrespective ofthe country of
origin of the plant material, testing by appropriate laboratory methods, and,
where appropriate, indicator plants, for detection of at least the following
harmful organisms
(a)
Erwinia amylovora (Burr.) Winsl. et al.
(b)
Pear decline mycoplasm.
4. The plant material subjected to the visual inspections referred to in
point 2 and on which signs and symptoms of harmful organisms have been
observed shall be subject to an investigation including testing where necessary,
PLANT QUARANTINE (HARMFUL ORGANISMS)
to determine as far as possible, the identity of the harmful organisms causing
the signs and symptoms.
Section III
Plants of Vitis L., other than fruits
1. The plant material shall be subjected, as appropriate, to appropriate
therapy procedures, as laid down in FAO/IPGRI Technical Guidelines.
2. The plant material, following the therapy procedures carried out in
point 1, shall be subjected to indexing procedures in its entirety. All plant
material including indexing plants, shall be held at the approved facilities
under the quarantine containment conditions laid down in Schedule XI to these
regulations. Plant material intended for approval for official release shall be
held under conditions conducive to a normal cycle of vegetative growth and
shall be subjected to visual inspection for signs and symptoms of harmful
organisms including those of Daktulosphaira vitifoliae (Fitch) and of all other
relevant harmful organisms listed in Directive 77/93/EEC, on arrival and
subsequently, at appropriate times, during the period of the indexing
procedures.
3. For the purposes of point 2 the plant material shall be indexed for
harmful organisms (tested for and identified) according to the following
procedures
3.1
Where the plant material originates in a country which is not known
to be free of the following harmful organisms
(i)
Ajinashika disease. The testing shall use an appropriate laboratory
method. In the event of a negative result, the plant material shall be indexed on
the vine variety Koshu and kept under observation during at least two cycles of
vegetation.
(ii)
Grapevine stunt virus. The testing shall use appropriate indicator
plants, including the vine variety Campbell Early, and observation shall take
place during one year.
(iii) Summer mottle. The testing shall use appropriate indicator plants,
including the vine varieties Sideritis, Cabernet-Franc and Mission.
3.2
Irrespective of the country of origin of the plant material, the testing
shall use appropriate laboratory methods and, where appropriate, indicator
plants for the detection of at least the following harmful organisms
(a)
Blueberry leaf mottle virus
(b)
Grapevine Flavescence dorée MLO and other grapevine
yellows
(c)
Peach rosette mosaic virus
(d)
Tobacco ringspot virus
(e)
Tomato ringspot virus (strain ‘yellow vein’ and other strains)
(f)
Xylella fastidiosa (Well & Raju)
(g)
Xylophilus ampelinus (Panagopoulos) Willems et al.
4. The plant material subjected to the visual inspections referred to in
point 2 and on which signs and symptoms of harmful organisms have been
observed shall be subject to an investigation including testing where necessary,
to determine as far as possible, the identity of the harmful organisms causing
the signs and symptoms.
PART B
For plants, plant products and other objects listed in Annexes II and IV to
EU Directive 77/93/EEC
1. The official quarantine measures shall include appropriate inspection
or testing for the relevant harmful organisms listed in Annexes I and II to
Directive 77/93/EEC and shall be carried out in respect of the special
requirements laid down in Annex IV to Directive 77/93/EEC for specific
PLANT QUARANTINE (HARMFUL ORGANISMS)
harmful organisms, as appropriate. In respect of such special requirements the
methods used for the quarantine measures shall be those laid down in Annex IV
to Directive 77/93/EEC or other equivalent officially approved measures.
2. The plants, plant products and other objects must be found free,
according to the provisions of paragraph 1, from the relevant harmful organisms
specified in Annexes I, II and IV to Directive 77/93/EEC for the said plants,
plant products and other objects.
Added by
L.N. 42 of 2005.
(Regulation 4B)
Amended by
L.N. 19 of 2011.
Specific conditions applying to plants, originating in Japan, benefiting from the
derogation provided for in Article I of this Decision
1. The plants shall be naturally or artificially dwarfed plants of the genus
Chamaecypciris Spach, genus Juniperus L.. or in the case of the genus Pinus L.
either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus
pentaphylla Mayr), or that species grafted on a rootstock of a Pinus species
other than Pinus parviflora Sieb. & Zucc. In the latter case, the rootstock
shall not bear any shoots.
2. The total number of plants shall not exceed quantities which have been
determined by the importing Member State, having regard to available
quarantine facilities.
3. Prior to export to the European Community, the plants shall have been
grown, held and trained for at least two consecutive years in officially registered
nurseries, which are subject to an officially supervised control regime. The
annual lists of the registered nurseries shall be made available to the
Commission, at the latest by 31 October of each year. These lists shall be
immediately transmitted to the Member States. They shall include the number of
plants grown in each of these nurseries, as far as they are deemed suitable for
dispatch to the Community, under the conditions laid down in this Decision.
4. For Juniperus plants, the plants of the genera Chaenomeles Lindl.,
Crataegus L., Cydonia Mill., Juniperus L., Malus Mill., Photinia Ldl. and Pyrus
L., which have been grown in the two last years prior to dispatch in the
abovementioned naturally or artificially dwarfed plants nurseries and their
immediate vicinity shall have been officially inspected at least six times a year
at appropriate intervals for the presence of harmful organisms of concern. For
Chamaecyparis and Pinus plants, the plants of the genus Chamaecyparis Spach
and of the genus Pinus L. which have been grown in the abovementioned
naturally or artificially dwarfed plants nurseries and their immediate vicinity
shall have been officially inspected at least six times a year at appropriate
intervals, for the presence of harmful organisms of concern.
The harmful organisms of concern are
(a)
for Juniperus plants,
(i)
Aschistonyx eppoi Inouye,
(ii)
Gymnosporgangium asiaticum Miyabe ex Yamada and G.
yamadae Miyabe ex Yamada,
(iii)
Oligonychus perditus Pritchard et Baker,
(iv)
Popillia japonica Newman,
(v)
any other harmful organism which is not known to occur
in the Community;
(b)
for Chamaecyparis plants
PLANT QUARANTINE (HARMFUL ORGANISMS)
(i)
Popillia japonica Newman,
(ii)
any other harmful organism which is not known to occur
in the Community;
(c)
for Pinus plants,
(i)
Bursaphe1enchus xylophilus (Steiner & Buehrer)
Nickle et al.,
(ii)
Cercoseptoria pini densiflorae (Hori & Nambu)
Deighton
(iii)
Coleosporium paederiae;
(iv)
Coleosporium phellodendri Komr,
(v)
Cronartium quercuum (Berk.) Miyabbe ex Shirai,
(vi)
Dendrolimus spectabilis Butler,
(vii)
Monochamus spp. (non-European),
(viii)
Peridermium kurilense Dietel,
(ix)
Popillia japonica Newman,
(x)
Thecodiplosis janonensis Uchida & Inouye,
(xi)
any other harmful organism which is not known to occur
in the Community.
The plants shall have been found free, in these inspections, from the
harmful organisms above-mentioned. Infested plants shall be removed. The
remaining plants shall be effectively treated.
5. Any detection of harmful organisms of concern specified in point 4
in the inspections carried out pursuant to point 4 shall be officially recorded,
and the records shall be kept available to the Commission, upon its request.
Any detection of any of the harmful organisms, which are specified in point 4
shall disqualify the nursery from its status under point 3. The Commission
shall be informed immediately thereof. In such case, the registration can be
renewed only in the following year.
6. The plants intended for the Community shall at least during the
period referred to in point 3
(a)
be potted, at least during the same period, in pots which are
placed either on shelves at least 50 cm above ground or onto
concrete flooring, impenetrable for nematodes, which is well
maintained and free from debris,
(b)
be found free, in the inspections referred to in point 4, from the
harmful organisms of concern specified in point 4 and not be
affected by the measures referred to in point 5,
(c)
if they belong to the genus Pinus L. and in the case of grafting
on a rootstock of a Pinus species other than Pinus parvyflora
Sieb. & Zucc., have a rootstock derived from sources
officially approved as healthy material,
(d)
be made recognisable with a marking, exclusive for each
individual plant and notified to the official plant protection
organisation of Japan, enabling the identification of the
registered nursery and the year of potting.
7. The official plant protection organisation of Japan shall ensure the
identifiability of the plants from the time of their removal from the nursery
until the time of loading for export, through sealing of transport vehicles or
appropriate alternatives.
8. The plants and the adhering or associated growing medium
(hereinafter referred to as the material) shall be accompanied by a
phytosanitary certificate issued in Japan in accordance with Article 7 of
Directive 2000/29/EC, on the basis of the examination laid down in Article 6
PLANT QUARANTINE (HARMFUL ORGANISMS)
of that Directive relating to the conditions laid down therein, in particular
freedom from harmful organisms of concern, as well as to the requirements
specified in points 1 to 7.
The certificate shall indicate
(a)
the name or the names of the registered nursery or nurseries,
(b)
the markings referred to in point 6, as far as they enable
identification of the registered nursery and the year of potting,
(c)
the specification of the last treatment applied, prior to dispatch,
(d)
under ‘Additional Declaration’, the statement ‘This consignment
meets the conditions laid down in Decision 2002/887/EC.
9. Prior to introduction into a Member State, the importer shall notify
each introduction sufficiently in advance to the responsible official bodies
referred to in Directive 2000/29/EC, in the Member State concerned, indicating
(a)
the type of material,
(b)
the quantity,
(c)
the declared date of import,
(d)
the officially approved site where the plants will be held under
the post-entry quarantine referred to in point 10.
The importers shall be officially informed, prior to the introduction, of the
conditions laid down in points 1 to 12.
10. The material shall be subject, before it is released, to official post-
entry quarantine for a period of not less than three months of active growth in
the case of Pinus and Chamaecyparis plants and for a period including the
active growth season from 1 April until 30 June in the case of Juniperus plants
and must be found free, during this quarantine period, from any harmful
organisms of concern. Particular attention shall be given to preserve for each
plant the marking referred to in point 6(d).
11. The post-entry quarantine referred to in point 10 shall
(a)
be supervised by the responsible official bodies of the Member
State concerned and executed by officially approved and trained
staff, with the possible assistance of the experts referred to in
Article 21 of Directive 2000/29/EC under the procedure laid
down therein;
(b)
be performed at an officially approved site provided with
appropriate facilities sufficient to contain harmful organisms and
maintain the material in such a way as to eliminate any risk of
spreading harmful organisms;
(c)
be performed for each item of material
(i)
by visual examination upon arrival and at regular intervals
thereafter, having regard to the type of material and its
state of development during the quarantine period, for
harmful organisms or symptoms caused by any harmful
organism,
(ii)
by appropriate testing of any symptom observed in the
visual examination in order to identify the harmful
organisms having caused such symptoms.
12. Any lot in which material which has not been found free, during the
post-entry quarantine referred to in point 10, from harmful organisms of concern
shall be immediately destroyed under official supervision.
13. Member States shall notify, to the Commission and to the other
Member States, any contamination by harmful organisms in question which has
been confirmed during the post-entry quarantine referred to in point 10. In such
PLANT QUARANTINE (HARMFUL ORGANISMS)
case, the relevant Japanese nursery shall be disqualified from its status under
point 3. The Commission shall inform immediately Japan thereof.
14. Any material which has been subjected to the post-entry quarantine
referred to in point 10 in the importing Member State and has been found free,
during that quarantine period, from harmful organisms of concern and which
has been maintained under appropriate conditions may be moved within the
Community only when a plant passport referred to in Article 10 of Directive
2000/29/EC has been issued in accordance with the relevant provisions of that
Directive and has been attached to the material, to its packaging or to the
vehicles transporting the material. The plant passport referred to in the first
sub-paragraph shall indicate the name of the country of origin.
Added by
L.N. 42 of 2005.
(Regulation 4C)
Amended by
Specific conditions applying to plants, originating in the
L.N. 19 of 2011.
Republic of Korea, benefiting from the derogation provided for
in sub-regulation 1
1. The plants shall be naturally or artificially dwarfed plants of the
genus Chamaecyparis Spach, genus Juniperus L., or in the case of the genus
Pinus L. either entirely of the species Pinus parviflora Sieb. & Zucc. (Pinus
pentaphylla Mayr), or that species grafted on a rootstock of a Pinus species
other than Pinus parviflora Sieb. & Zucc. In the latter case, the rootstock shall
not bear any shoots.
2. The total number of plants shall not exceed quantities which have
been determined by the importing Member State, having regard to available
quarantine facilities.
3. Prior to export to the European Community, the plants shall have
been grown, held and trained for at least two consecutive years in officially
registered nurseries, which are subject to an officially supervised control
regime. The annual lists of the registered nurseries shall be made available to
the Commission, at the latest by 1 March 2004. These lists shall be
immediately transmitted to the Member States. They shall include the number
of plants grown in each of these nurseries, as far as they are deemed suitable
for dispatch to the Community, under the conditions laid down in this
Decision.
4. For Juniperus plants, the plants of the genera Chaenomeles Lindl.,
Crataegus L., Cydonia Mill., Juniperus L., Malus Mill., Photinia Ldl. and
Pyrus L., which have been grown in the two last years prior to dispatch in the
abovementioned naturally or artificially dwarfed plants nurseries and their
immediate vicinity, shall have been officially inspected at least six times a year
at appropriate intervals for the presence of harmful organisms of concern. For
Chamaecyparis and Pinus plants, the plants of the genus Chamaecyparis
Spach and of the genus Pinus L., which have been grown in the
abovementioned naturally or artificially dwarfed plants nurseries and their
immediate vicinity, shall have been officially inspected at least six times a year
at appropriate intervals, for the presence of harmful organisms of concern.
The harmful organisms of concern are
(a)
for Juniperus plants,
-
Aschistonyx eppoi Inouye,
Gymnosporangiumn asiaticum Miyabe ex Yamada and
-
G. yamadae Miyabe ex Yamada,
-
Oligonychus perditus Pritchard et Baker,
-
Popillia japonica Newman,
-
any other harmful organism which is not known to occur
in the Community;
(b)
for Chamaecyparis plants,
PLANT QUARANTINE (HARMFUL ORGANISMS)
-
Popillia japonica Newman,
-
any other harmful organism which is not known to occur
in the Community;
(c)
for Pinus plants,
Bursaphelenchus xylophilus (Steiner & Buehrer) Nickle et
-
al.,
(Hori
&
Nambu)
-
Cercoseptoria
pini-densiflorae
Deighton,
-
Coleosporium phellodendri Komr,
-
Coleosporium asterum (Dietel) Sydow,
-
Coleosporium eupatorii Arthur,
-
Cronartium quercuum (Berk.) Miyabe ex Shirai,
-
Dendrolimus spectabilis Butler,
-
Monochamus spp. (non European),
-
Popillia japonica Newman,
-
Thecodiplosis japonensis Uchida & Inouye,
-
any other harmful organism which is not known to occur
in the Community.
The plants shall have been found free, in these inspections, from the harmful
organisms above-mentioned. Infested plants shall be removed. The remaining
plants shall be effectively treated.
5. Any detection of harmful organisms of concern specified in point 4 in
the inspections carried out pursuant to point 4 shall be officially recorded, and
the records shall be kept available to the Commission, upon its request. Any
detection of any of the harmful organisms, which are specified in point 4, shall
disqualify the nursery from its status under point 3. The Commission shall be
informed immediately thereof. In such case, the registration can be renewed
only in the following year.
6. The plants intended for the Community shall at least during the period
referred to in point 3
(a)
be potted, at least during the same period, in pots which are
placed either on shelves at least 50 cm above ground or onto
flooring, impenetrable for nematodes, which is well maintained
and free from debris;
(b)
be found free, in the inspections referred to in point 4, from the
harmful organisms of concern specified in point 4 and not be
affected by the measures referred to in point 5;
(c)
if they belong to the genus Pinus L. and in the case of grafiing on
a rootstock of a Pinus species other than Pinus parviflora Sieb. &
Zucc., have a rootstock derived from sources officially approved
as healthy material;
(d)
be made recognisable with a marking, exclusive for each
individual plant and notified to the official plant protection
organisation of the Republic of Korea, enabling the identification
of the registered nursery and the year of potting.
7. The official plant protection organisation of the Republic of Korea
shall ensure the identifiability of the plants from the time of their removal from
the nursery until the time of loading for export, through sealing of transport
vehicles or appropriate alternatives.
8. The plants and the adhering or associated growing medium
(hereinafter referred to as ‘the material’) shall be accompanied by a
PLANT QUARANTINE (HARMFUL ORGANISMS)
phytosanitary certificate issued in the Republic of Korea in accordance with
Article 7 of Directive 2000/29/EC, on the basis of the examination laid down
in Article 6 of that Directive relating to the conditions laid down therein, in
particular freedom from harmful organisms of concern, as well as to the
requirements specified in points 1 to 7.
The certificate shall indicate
(a)
the name or the names of the registered nursery or nurseries;
(b)
the markings referred to in point 6, as far as they enable
identification of the registered nursery and the year of potting;
(c)
the specification of the last treatment applied, prior to dispatch;
(d)
under ‘Additional Declaration’, the statement ‘This
consignment meets the conditions laid down in Decision 2002/
499/EC’.
9. Prior to introduction into a Member State, the importer shall notify
each introduction sufficiently in advance to the responsible official bodies
referred to in Directive 2000/29/EEC, in the Member State concerned,
indicating -
(a)
the type of material;
(b)
the quantity;
(c)
the declared date of import;
(d)
the officially approved site where the plants will be held under
the post-entry quarantine referred to in point 10.
The importers shall be officially informed, prior to the introduction, of the
conditions laid down in points 1 to 12.
10. The material shall be subject, before it is released, to official post-
entry quarantine for a period of not less than three months of active growth in
the case of Pinus and Chamaecyparis plants and for a period including the
active growth season from 1 April until 30 June in the case of Juniperus plants
and must be found free, during this quarantine period, from any harmful
organisms of concern. Particular attention shall be given to preserve for each
plant the marking referred to in point 6(d).
II.
The post-entry quarantine referred to in point 10 shall
(a)
be supervised by the responsible official bodies of the Member
State concerned and executed by officially approved and trained
staff, with the possible assistance of the experts referred to in
Article 21 of Directive 2000/29/EC under the procedure laid
down therein;
(b)
be performed at an officially approved site provided with
appropriate facilities sufficient to contain harmful organisms
and maintain the material in such a way as to eliminate any risk
of spreading harmful organisms;
(c) be performed for each item of material
(i) by visual examination upon arrival and at regular
intervals thereafter, having regard to the type of material
and its state of development during the quarantine
period, for harmful organisms or symptoms caused by
any harmful organism;
(ii) by appropriate testing of any symptom observed in the
visual examination in order to identify the harmful
organisms having caused such symptoms.
12. Any lot in which material which has not been found free, during the
post-entry quarantine referred to in point 10, from harmful organisms of
concern shall be immediately destroyed under official supervision.
13. Member States shall notify, to the Commission and to the other
Member States, any contamination by harmful organisms in question which
PLANT QUARANTINE (HARMFUL ORGANISMS)
has been confirmed during the post-entry quarantine referred to in point 10. In
such case, the relevant Korean nursery shall be disqualified from its status under
point 3. The Commission shall inform immediately Korea thereof.
14. Any material which has been subjected to the post-entry quarantine
referred to in point 10 in the importing Member State and has been found free,
during that quarantine period, from harmful organisms of concern and which
has been maintained under appropriate conditions may be moved within the
Community only when a plant passport referred to in Article 10 of Directive
2000/29/EC has been issued in accordance with the relevant provisions of that
Directive and has been attached to the material, to its packaging or to the
vehicles transporting the material. The plant passport referred to in the first sub-
paragraph shall indicate the name of the country of origin.
Added by
L.N. 42 of 2005.
(Regulation 4E)
Amended by
L.N. 19 of 2011.
Substituted by
L.N.354 of 2017.
Requirements to be complied with, as referred to in regulation
4E (1), in addition to the requirements for tubers of Solanum
tuberosum L. laid down in parts A and B of Schedules I, II and
IV to these regulations
1. Requirements concerning the pest-free areas
The pest-free areas referred to in regulation 4E (1) shall
comprise either a ‘sector’ (administrative unit already
established which covers a group of ‘basins’) or a ‘basin’
(irrigation unit) and shall be identified by their individual
official code numbers.
2. Requirements concerning the tubers of Solanum tuberosum L. to
be imported
The tubers of Solanum tuberosum L. to be imported into Malta
shall have been submitted in Egypt to an intensive control
regime ensuring the absence of Ralstonia solanacearum (Smith)
Yabuuchi et al. The intensive control regime shall cover the
growing conditions, field inspections, transport, packing, pre-
export inspections and testing.
The tubers of Solanum tuberosum L. to be imported into Malta
shall have been
(a)
prepared in lots, each of which shall be made up
exclusively of tubers of Solanum tuberosum L. which were
harvested in one single area as specified in point 1;
(b)
clearly labelled on each bag which is sealed, under the
control of the competent Egyptian authorities, with an
indelible indication of the relevant individual official code
number given in the list of pest-free areas referred to
regulation 4E(1), and of the relevant lot number;
(c)
accompanied by the official phytosanitary certificate
PLANT QUARANTINE (HARMFUL ORGANISMS)
required under regulation 15(b)(ii) to these regulations,
indicating the lot number(s) under the section
‘Distinguishing marks’ of the certificate, and the official
individual code number(s), referred to in point 2.2(b),
under the section ‘Additional declaration’ of the
certificate;
(d)
exported by an officially registered exporter, the name or
trademark of which shall be indicated on each
consignment.
3. Requirements concerning points of entry
The Directorate shall have notified to the Commission the
points of entry authorised for the import of tubers of Solanum
tuberosum L. originating in Egypt and the name and address of
the responsible official body in charge of each point. The
Commission shall inform the other Member States and Egypt
thereof.
The responsible official body in charge of the point of entry
shall have been notified in advance of the likely time of arrival
of consignments of tubers of Solanum tuberosum L.
originating in Egypt, as well as of the amount thereof.
4. Requirements concerning inspections
At the point of entry the tubers of Solanum tuberosum L. shall
be subjected to the inspections required by regulation 16 to
these regulations, and such inspections shall be carried out on
cut tubers of samples of at least 200 tubers each, samples being
taken from each lot in a consignment, or if the lot exceeds 25
tonnes, from every 25 tonnes or part thereof in such a lot.
Each lot of the consignment shall remain under official control
and may not be marketed or used until it has been established
that the presence of Ralstonia solanacearum (Smith) Yabuuchi
et al. was not suspected or detected during those inspections.
In addition, in cases where typical or suspect symptoms of
Ralstonia solanacearum (Smith) Yabuuchi et al. are detected
in a lot, all remaining lots in the consignment and lots in other
consignments which originate in the same area shall be held
under official control until the presence of Ralstonia
solanacearum (Smith) Yabuuchi et al. has been confirmed or
refuted in the lot concerned.
If typical or suspect symptoms of Ralstonia solanacearum
(Smith) Yabuuchi et al. are detected during the inspections, the
confirmation or refutation of Ralstonia solanacearum (Smith)
Yabuuchi et al. shall be determined by testing in accordance
with the test scheme laid down in Directive 98/57/EC. If the
presence of Ralstonia solanacearum (Smith) Yabuuchi et al. is
confirmed, the lot from which the sample has been taken shall
be subjected to either refusal or permission to send products to
a destination outside the Union, or to destruction, and all
PLANT QUARANTINE (HARMFUL ORGANISMS)
remaining lots in the consignment from the same area shall be
tested in accordance with point 5.
5. Requirements concerning testing for latent infection
In addition to the inspections referred to in point 4, testing for
latent infection shall be carried out on samples taken from each
area as specified in point 1 in accordance with the test scheme
laid down in Directive 98/57/EC. During the import season at
least one sample from each sector or basin per area as specified
in point 1 shall be taken at a rate of 200 tubers per sample from
a single lot. The sample selected for latent infection shall also be
subjected to an inspection of the cut tubers. For each sample
tested and confirmed positive there shall be retention and
appropriate conservation of any remaining potato extract.
Each lot from which the samples have been taken shall remain
under official control and may not be marketed or used until it
has been established that the presence of Ralstonia
solanacearum (Smith) Yabuuchi et al. was not confirmed during
the testing. If the presence of Ralstonia solanacearum (Smith)
Yabuuchi et al. is confirmed, the lot from which the sample has
been taken shall be subjected to either refusal or permission to
send products to a destination outside the Union, or to
destruction.
6. Requirements concerning notifications
In the case of suspect and confirmed findings of Ralstonia
solanacearum (Smith) Yabuuchi et al. the Directorate shall
notify immediately the Commission and Egypt thereof. The
notification of a suspect finding shall be on the basis of a
positive result in the rapid screening test(s), as specified in point
1 of section I and section II of Annex II to Directive 98/57/EC,
or screening test(s) as specified in point 2 of section I and
section III of Annex II to that Directive.
7. Labelling requirements
Appropriate labelling requirements shall be laid down by the
Directorate with regards to tubers of Solanum tuberosum L.,
including a requirement to indicate the Egyptian origin, with the
aim of preventing the tubers of Solanum tuberosum L. from
being planted. The Directorate shall also take appropriate
measures for the disposal of waste after packaging or processing
of the tubers of Solanum tuberosum L. to prevent any spread of
Ralstonia solanacearum (Smith) Yabuuchi et al. as a result of a
possible latent infection.
PLANT QUARANTINE (HARMFUL ORGANISMS)
Added by
L.N. 42 of 2005.
(Regulation 4E)
Amended by
L.N. 19 of 2011.
For the purpose of the provisions of Article 2, the following emergency
measures shall be complied with, in addition to the requirements for potatoes
laid down in parts A and B of the Annexes I, II and IV to Directive 2000/9/EC,
with the exception of those laid down in Annex IV, part A. section I, point
25.3
1. (a) the potatoes destined for introduction into the Community shall
have been produced in fields located in an approved ‘pest-free
area’ in Egypt as established by the Commission in accordance
with Article 2 of this Decision; in respect of any such approved
areas and for the purpose of this Decision, the identification of
area shall be based on, either a ‘sector’ (administrative unit
already established which covers a group of ‘basins’) or ‘basin’
(irrigation unit) and shall be identified by its individual official
code number;
(b)
the potatoes specified under (a) shall have been, in Egypt
(i)
grown from potatoes, either directly of Community
origin or once grown from such potatoes, produced in an
approved ‘pest-free area’ as established under Article 2
of this Decision and which have been officially tested
for latent infection, immediately prior to planting, in
accordance with the Community test scheme as laid
down in Council Directive 98/57/EC (1), and found free
from Pseudomonas solanacearum (Smith) Smith in such
testing;
(ii)
officially inspected in the field during the growing
season for symptoms of potato brown rot caused
Pseudomonas solanacearum (Smith) Smith and found
free from such symptoms in these inspections and a
sample taken of 500 tubers per five feddans (= 2,02
hectares) or 200 tubers per feddan (= 0,41 hectare) or
part thereof for smaller fields of potatoes as close as
possible to harvest for laboratory examination including
an incubation test and visual inspection on cutting of the
tubers for symptoms of potato brown rot caused by
Pseudomonas solanacearum (Smith) Smith and found
free from such symptoms in these inspections;
(iii)
transported to packing stations officially approved by the
Egyptian authorities to handle only potatoes eligible for
export to the Community during the 2003/04 export
season and on arrival at such an approved packing
station,
-
accompanied by documents attached to each lorry
load at the field of harvest stating the origin, by area
as specified in (a), of the load. These documents
shall be held at the packing station until after the
completion of the export season,
-
officially inspected on samples of cut tubers for
symptoms of potato brown rot caused by
Pseudomonas solanacearum (Smith) Smith and
found free from such symptoms in these
inspections, at a sampling rate, for 70 kg sacks or
equivalent, of 10% of sacks of 40 tubers inspected
per sack and, for 1 or 1,5 tonne sacks, at a sampling
rate of 50% of sacks and 40 tubers inspected per
sack. The list of packing stations officially approved
by the Egyptian authorities shall have been made
available to the Commission prior to 1 January 2004;
(iv)
after packing of sacks at the packing station, officially
inspected on samples of tubers for symptoms of potato
brown rot caused by Pseudomonas solanacearum (Smith)
Smith and found free from such symptoms in these
inspections, at a sampling rate of 2% of sacks per
consignment and 30 tubers inspected per sack;
(v)
immediately prior to export to the Community inspected
at the port of dispatch by cutting 200 tubers from each
pest-free area in a consignment drawn from at least five
bags per pest-free area;
(vi)
officially tested for latent infection on samples taken from
each consignment; during the export season at least one
sample per basin or sector and represented in the
consignment must be taken, but in any case at least five
samples must be taken and submitted for laboratory
analysis in accordance with the Community test scheme as
laid down in Directive 98/57/EC, and found free from
Pseudomonas solanacearum (Smith) Smith in such
testing;
(vii)
put on an official holding notice on further treatment in
the process of preparation for their shipment to the
Community from the relevant basin, if the inspections
and/or testing as referred to in (ii). (iii). (iv), (v) and (vi)
reveal
suspected
occurrence
of
Pseudomonas
solanacearum (Smith) Smith, until the refutation of the
suspected occurrence of Pseudomonas solanacearum
(Smith) Smith. At the same moment of the imposition of
the above holding notice a buffer zone shall be designated
around the relevant basin related to the above suspect
finding, unless there is a natural physical barrier (e.g. the
desert in the case of pivots). No potatoes shall be exported
from the relevant buffer zone until the refutation of the
suspected occurrence. The extent of the buffer zone shall
take into account the risk of further spreading of
Pseudomonas solanacearum (Smith) Smith from that
approved pest-free area. Information on the identification
of the above basin and its buffer zone by their individual
official code numbers shall be made available
immediately to the Commission, as well as the final
results of the examination of the suspected occurrence;
(viii)
harvested, handled and bagged separately, including
reasonably separate use of machinery, basin by basin,
wherever possible, and in any case area by area as
specified in (a);
(ix)
prepared in lots, each of which shall be made up
exclusively of potatoes which were harvested in one
single area as specified in (a);
(x)
clearly labelled on each bag, under the control of the
competent Egyptian authorities, with an indelible
indication of the relevant official code number as given in
the list of ‘approved pest-free areas’ compiled under
Article 2 of this Decision, and of the relevant lot number;
(xi)
accompanied by the official phytosanitary certificate
required under Article 13(1)(ii) of Directive 2000/29/EC
indicating the lot number(s) under the section
‘Distinguishing marks’, and the official code number(s),
as referred to in (x) under the section ‘Additional
declaration’; the lot number of the lot from which a
sample has been taken for the purpose specified in (vi), as
PLANT QUARANTINE (HARMFUL ORGANISMS)
well as the official statement that the testing has been
carried out, shall also be indicated in that section;
(xii)
exported by an officially registered exporter, the name or
trademark of which shall be indicated on each
consignment. The list of officially registered exporters
established by the competent Egyptian authorities shall
have been made available to the Commission prior to 1
January 2004;
(c)
the points of entry authorised for the introduction of relevant
potatoes and the name and address of the responsible official
body in charge of each point shall have been notified by the
Member States to the Commission, which will inform the other
Member States and Egypt thereof;
(d)
the responsible official body in charge of the point of entry shall
have been notified in advance of the likely time of arrival of
consignments of potatoes as well as of the amount thereof;
2. At the point of entry, the potatoes shall be subjected to the
inspections required pursuant to Article 13a(1)(b) of Directive 2000/29/EC,
and such inspections shall be done on cut tubers of samples of at least 200
tubers each, taken from each lot in a consignment, or if the lot exceeds 25
tonnes, from every 25 tonnes or part thereof in such a lot. Each lot of the said
consignment shall remain under official control and may not be marketed or
used until it has been established that the presence of Pseudomonas
solanacearum (Smith) Smith was not suspected or detected in those
examinations. In addition, in cases where typical or suspect symptoms of
Pseudomonas solanacearum (Smith) Smith are detected in a lot, all remaining
lots in the said consignment and lots in other consignments which originate
from the same area shall be held under official control until the presence of
Pseudomonas solanacearum (Smith) Smith has been confirmed or refuted in
the said lot. If typical or suspect symptoms of Pseudomonas solanacearum
(Smith) Smith are detected in the said examinations, the confirmation or
refutation of Pseudomonas solanacearum (Smith) Smith shall be determined
by testing in accordance with the said Community test scheme. If
Pseudomonas solanacearum (Smith) Smith is confirmed the lot from which
the sample has been taken shall be subjected to one of the following measures,
either
(i)
refusal or permission to send products to a destination
outside the Community; or
(ii)
destruction, and all remaining lots in the consignment
from the same area shall be tested in accordance with
point 3.
3. In addition to the inspections referred to in point 2, testing for latent
infection in accordance with the said Community test scheme shall be done on
samples taken from each area as specified in point 1(a); during the export
season at least one sample from each sector or basin per area as referred to in
paragraph 1(a) shall be taken at a rate of 200 tubers per sample from a single
lot. The sample selected for latent infection shall also be subjected to an
inspection of the cut tubers. For each sample tested and confirmed positive
there should be retention and appropriate conservation of any remaining potato
extract. Each lot from which the samples have been taken shall remain under
official control and may not be marketed or used until it has been established
that the presence of Pseudomonas solanacearum (Smith) Smith was not
confirmed in the said testing. If Pseudomonas solanacearum (Smith) Smith is
confirmed the lot from which the sample has been taken shall be subjected to
one of the following measures, either
(i)
refusal or permission to send products to a destination
outside the Community; or
(ii)
destruction.
4. In the case of both suspect and confirmed findings of Pseudomonas
solanacearurn (Smith) Smith the Member States shall notify the Commission
and Egypt immediately thereof; the notification of a suspect finding shall be
PLANT QUARANTINE (HARMFUL ORGANISMS)
on the basis of a positive result in the rapid screening test(s) as specified in
Annex II, section 1, point 1 and section II or screening test(s) as specified in
Annex II, section I, point 2 and section III of the said Community test scheme.
5. The Commission shall ensure that it receives information of the details
and the results of visual inspections referred to in points 1(b)(ii), (iii), (iv) and
(v) and of the testing referred to in paragraph 1(b)(vi). The list of approved pest-
free areas shall be adjusted by the Commission according to these results and to
the findings made under points 2 and 3; in relation to a suspect notification
made under point 4 the list of approved pest-free areas shall be adjusted by
means of the imposition of a holding notice on further exports to the
Community of potatoes related to the above suspect notification originating in
the basin in the relevant approved pest-free area until refutation of the suspect
finding of Pseudomonas solanacearum (Smith) Smith. On receipt of the
notification made by the Commission of the above adjusted list of approved
pest-free areas, a buffer zone shall be designated by the Egyptian authorities as
referred to in point 1(b)(vii). Information on the identification of the above
buffer zone by the individual official code number(s) shall be made available
immediately to the Commission and the Member States. In absence of such
information within three working days of the suspected occurrence, the
Commission shall adjust the list of approved pest-free areas by excluding on any
further exports for the remaining period of the import season 2003/04 from the
entire sector in which the basin related to the above suspect notification is
situated.
6. Member States shall lay down appropriate labelling requirements,
including the Egyptian origin, with the aim of preventing the potatoes from
being planted and appropriate measures for the disposal of waste after
packaging or processing of the potatoes to prevent any spread of Pseudomonas
solanacearum (Smith) Smith as a result of possible latent infection.
(Regulation 4F)
For the purpose of the provisions of Article 1, the following emergency
measures shall be complied with
1. Susceptible wood originating in Canada, Japan or the United States of
America
-
shall be heat treated or kiln dried to a minimum core temperature
of 56ºC for at least 30 minutes in a closed chamber or kiln which
has been tested, evaluated and approved officially for this
purpose.
In addition the susceptible wood shall display an officially approved heat-
treated or kiln-dried marking enabling the identification of where and by whom
the above treatment has been carried out; or
(ii)
shall have been pressure (impregnated) treated with an
approved chemical in accordance with an officially
recognised technical specification. In addition the
susceptible wood shall display a marking enabling the
identification of where and by whom the above treatment
has been carried out; or
(iii)
shall have been fumigated with an approved chemical in
accordance with an officially recognised technical
specification. In addition the susceptible wood shall
display a marking enabling the identification of where and
by whom the above fumigation has been carried out.
PLANT QUARANTINE (HARMFUL ORGANISMS)
2. Susceptible wood originating in China shall be subjected to one of
the measures mentioned in point I of this Annex, and be accompanied by a
certificate referred to in Articles 7 and 8 of Directive 2000/29/EC attesting to
the measures carried out. By way of derogation, and without prejudice to the
provisions laid down in Annex IV to Directive 2000/29/EC, the measures
referred to in point I of this Annex are not applicable to susceptible wood
originating in areas established by China in which Bursaphelenchus xylophilus
(Steiner et Buhrer) Nickle et al. is known not to occur taking into account the
results of surveys carried out in these areas. The Commission shall compile a
list of areas in which Bursaphelenchus xylophiIus (Steiner et Buhrer) Nickle et
al. is known not to occur and convey such a list to the Standing Committee on
Plant Health and to the Member States.
3. Compliance with the provisions referred to in
-
Part A, Section 1, point (a) 14 of Annex I, Part A, Section 1,
point (a) 8 of Annex II and
-
points 1 and 2 of this Annex,
shall be monitored by and in accordance with a plan set out by the responsible
official bodies referred to in Directive 2000/29/EC.
Added by
L.N. 42 of 2005.
(Regulation 4G)
Amended by
L.N. 19 of 2011.
For the purpose of Article 2, the following conditions shall be complied
with.
1. Without prejudice to the provisions referred to in point 2 in the case
of movements from demarcated areas into areas in Portugal. other than
demarcated areas or into other Member States of
(a)
susceptible plants shall be accompanied by a plant passport
prepared and issued in accordance with the provisions of
Commission Directive 92/105/EEC (1), after
-
the plants have been officially inspected and found free
from signs or symptoms of PWN and
-
no symptoms of PWN have been observed at the place of
production or in its immediate vicinity since the
beginning of the last complete cycle of vegetation;
(b)
susceptible wood and isolated bark, other than wood in the form
of
-
chips, particles, wood waste or scrap obtained in whole
or part from these conifers,
-
packing cases, crates or drums,
-
pallets, box pallets or other load boards,
-
dunnage, spacers and bearers,
but including that which has not kept its natural round surface
shall be accompanied by the plant passport referred to in point
1(a), after the wood or the isolated bark has undergone an
appropriate heat-treatment to achieve a minimum wood-core
temperature of 56ºC for 30 minutes in order to ensure freedom
from live PWNs;
(c)
susceptible wood, in the form of chips, particles, wood waste or
scrap obtained in whole or part from these conifers shall be
accompanied by the said plant passport after having undergone
an appropriate fumigation-treatment in order to ensure freedom
from live PWNs;
(d)
susceptible wood, in the form of dunnage, spacers and bearers,
including that which has not kept its natural round surface shall
-
be stripped of its bark,
-
be free from grub holes which are larger than 3 mm
across,
-
have a moisture content expressed as a percentage of dry
matter of less than 20% achieved at time of manufacture;
(e)
susceptible wood, in the form of packing cases, boxes, crates,
drums and similar packings, pallets, box pallets and other load
boards, pallet collars, whether or not actually in use in the
transport of objects of all kinds shall undergo either an
appropriate heat treatment to achieve a minimum wood-core
temperature of 56ºC for 30 minutes, pressure (impregnated)
treatment, or fumigation in order to ensure freedom from live
PWNs and either display an officially approved treatment
marking enabling the identification of where and by whom the
treatment has been carried out or be accompanied by the said
plant passport attesting to the measures carried out.
2. In cases of movements within demarcated areas of Portugal
(a)
susceptible plants
-
grown in places of production where no symptoms of
PWN have been observed, or in its immediate vicinity
since the beginning of the last complete cycle of
vegetation and found free from signs or symptoms of
PWN during official inspections, shall be accompanied by
the said plant passport when moved from the place of
production,
-
grown in places of production where symptoms of the pine
wood nematode have been observed, or in its immediate
vicinity, since the beginning of the last complete cycle of
vegetation or identified as infested by the pine wood
nematode shall not be moved from the place of production
and shall be destroyed by burning,
-
grown in places, such as forests, public or private gardens,
which are either identified as infested by the pine wood
nematode, or showing any symptoms of poor health or
situated in salvage areas, shall
- if identified during the period from 1 November to 1
April, be felled within that period, or
- if identified during the period from 2 April to 31
October, be felled immediately and, if located in the
part of demarcated areas designated as buffer zones in
accordance with the provisions of Article 5, tested for
the presence of PWN. If the presence is confirmed, the
delimitation of the demarcated areas shall be changed
accordingly;
(b)
during the period from 1 November to 1 April, susceptible wood
in the form of roundwood or sawnwood. with or without bark,
including that which has not kept its natural round surface
(i)
obtained from trees identified as infested by PWN, or
situated in salvage areas, or showing any symptoms of
poor health, shall before 2 April either be
- destroyed by burning under official control at
appropriate places, or
- moved under official control to either
-
a processing plant to be chipped and utilised
within this plant, or
-
an industrial plant for use as fuel wood within
this plant, or
-
a processing plant, where the wood shall either
be
-
heat treated in such a way that a minimum
wood-core temperature of 56ºC for 30
minutes has been achieved, or
-
chipped and fumigated in order to ensure
freedom from live PWNs;
(ii)
obtained from trees other than those referred to in sub-
paragraph (i) shall be officially tested for the presence of
the PWN and of Monochamus spp.; if the presence of the
PWN or of Monochamus spp. is confirmed the wood
shall be subjected to the provisions referred to in sub-
paragraph (i); if the presence of the PWN and of
Monochamus spp. is refuted, the wood may be moved
under official control to a processing plant for further
use as construction timber, or by way of derogation
moved into areas in Portugal, other than demarcated
areas under official control to approved processing
plants notified to the Commission, where the wood or
chips made from such wood, within the period between 1
November and 1 April, shall either
- in the case of chips, be used for industrial purposes
within such an approved processing plant, or
- in the case of wood
-
be heat treated in such a way that a minimum
wood-core temperature of 56ºC for 30 minutes
has been achieved.
Further movement of such heat-treated wood may be
allowed when the wood is accompanied by a plant
passport, or
- be chipped and fumigated in order to ensure freedom
from live PWNs. Further movement of such
fumigated wood may be allowed when it is
accompanied by a plant passport, or
- be chipped and used for industrial purposes within
this plant, or
- be moved under official control to a plant. where the
wood shall either be
-
heat treated in such a way that a minimum wood
core temperature of 56ºC for 30 minutes has
been achieved, or
-
chipped and fumigated in order to ensure
freedom from live pine wood nematodes, or
-
chipped and used for industrial purposes.
(c)
during the period from 2 April to 31 October, susceptible wood
in the form of roundwood or sawnwood, with or without bark,
including that which has not kept its natural round surface
(i)
obtained from trees identified as infested by PWN, or
situated in salvage areas, or showing any symptoms of
poor health, shall either be
- immediately destroyed by burning under official
control at appropriate places, or
- immediately stripped of bark at appropriate places
outside the forest before being moved under official
control to storage places where the wood is treated
with an appropriate insecticide or which have
appropriate and approved wet storage facilities,
available at least during the above period, with a view
to a further movement to an industrial plant
-
to be immediately chipped and used for industrial
purposes, or
-
for immediate use as fuel within this plant, or
-
to be immediately heat treated in such a way that a
minimum wood-core temperature of 56ºC for 30
minutes has been achieved, or
-
to be immediately chipped and fumigated in order
to ensure freedom from live PWNs;
(ii)
obtained from trees other than those referred to in sub-
paragraph (i) shall be immediately stripped of bark at the
place of felline or in the immediate vicinity and either be
- officially tested for the presence of PWN and of
Monochamus spp.: if the presence of PWN or of
Monochamus spp. is confirmed the wood shall be
subjected to the provisions referred to in (i); if the
presence of PWN and of Monochamus spp. is refuted,
the wood may be moved under official control to a
processing plant for further use as construction timber,
or
- moved under official control to a plant where the wood
shall either be
-
chipped and used for industrial purposes, or
-
heat-treated in such a way that a minimum wood-
core temperature of 56ºC for 30 minutes has been
achieved, or
-
chipped and fumigated in order to ensure freedom
from live PWNs;
(d)
susceptible bark shall be
-
destroyed by burning or used as fuel at an industrial
processing plant, or
-
heat-treated in such a way that a minimum temperature of
56ºC for 30 minutes has been achieved throughout the
bark, or
-
fumigated in order to ensure freedom from live PWNs;
(e)
susceptible wood in the form of waste produced at the time of
felling, shall be burned at appropriate places under official
control
-
during the period from 1 November to 1 April, within that
period, or
-
during the period from 2 April to 31 October,
immediately;
(f)
susceptible wood, in the form of waste produced during wood
processing, shall either be immediately burned at appropriate
places under official control, used as fuel wood at the processing
PLANT QUARANTINE (HARMFUL ORGANISMS)
plant or fumigated in order to ensure freedom from live PWNs;
(g)
susceptible wood, in the form of packing cases, boxes, crates,
drums and similar packings, pallets, box pallets and other load
boards, pallet collars, dunnage, spacers and bearers, including
that which has not kept its natural round surface, shall
-
be stripped of its bark,
-
be free from grub holes which are larger than 3 mm
across,
-
have a moisture content expressed as a percentage of dry
matter of less than 20% achieved at time of manufacture.
Added by
L.N. 42 of 2005.
(Regulation 4H)
Amended by
L.N. 19 of 2011.
1a.
Without prejudice to the provisions of Annex III, Part A(2), and
Annex IV, Part A(I). (11.1), (39) and (40) of Directive 2000/29/EC, susceptible
plants originating in the United States of America shall be accompanied by a
certificate referred to in Article 7 or 8 of Directive 2000/29/EC
(a)
stating that they originate in areas in which non-European
isolates of the harm flu organism are known not to occur. The
name of the area shall be mentioned on the certificate under the
rubric ‘place of origin’;
(b)
issued after official verification that no signs of non-European
isolates of the harmful organism have been observed on any
susceptible plants at the place of production during official
inspections, including laboratory testing of any suspicious
symptoms carried out since the beginning of the last complete
cycle of vegetation.
Further, the certificate shall only be issued after representative samples of
the plants have been taken before shipment and have been inspected and found
free from non-European isolates of the harmful organism in these inspections.
The latter shall be mentioned on the certificate under the rubric ‘additional
declaration’ as ‘found free from non-European isolates of Phytophthora
ramorum Werres. De Cock & Man in ’t Veld sp. nov.’
1b.
The introduced susceptible plants referred to in point 1a may only be
moved within the Community if they are accompanied by a plant passport
prepared and issued in accordance with the provisions of Directive 92/105/
EEC attesting to the inspections referred to in Article 3(1).
2. Susceptible wood originating in the United States of America may
only be imported into the Community if it is accompanied by a certificate
referred to in Article 7 or 8 of Directive 2000/29/EC
(a)
stating that it originates in areas in which non-European isolates
of the harmful organism is known not to occur. The name of the
area shall be mentioned on the certificate under the rubric
‘place of origin’; or
(b)
issued after official verification that the wood has been stripped
of its bark and
(i)
that it has been squared so as to remove entirely the
rounded surface; or
(ii)
that the water content of the wood does not exceed 20%
expressed as a percentage of the dry matter, or
(iii)
that the wood has been disinfected by an appropriate hot-
air or hot-water treatment;
PLANT QUARANTINE (HARMFUL ORGANISMS)
(c)
in the case of sawn wood with or without residual bark attached,
if there is evidence by a mark ‘Kiln-dried’, ‘KD’ or another
internationally recognised mark put on the wood or on its
packaging in accordance with current commercial usage, that it
has undergone kiln-drying to below 20% moisture content.
expressed as a percentage of dry matter, at time of manufacture,
achieved through an appropriate time/temperature schedule.
3. Plants of Rhododendron spp., other than Rhododendron simsii Planch.,
and Viburnum spp., other than fruits and seeds, originating in the Community
may be moved from the place of production only if they are accompanied by a
plant passport as referred to in point 1 of this Schedule and
(a)
they originate in areas in which European isolates of the harmful
organism are known not to occur; or
(b)
no signs of European isolates of the harmful organism have been
observed on the above plants on the place of production since the
beginning of the last complete cycle of vegetation on official
inspections, including laboratory testing of any suspicious
symptoms, carried out at least once at appropriate times when the
plants are in active growth; or
(c)
in cases where signs of European isolates of the harmful
organism have been found on the above plants at the place of
production, appropriate procedures have been implemented
aiming at eradicating the harmful organism, consisting at least of
destruction of the infected plants and all susceptible plants within
2 m of the infected plants, and
-
for all susceptible plants within 10 m radius of the infected
plants, and any remaining plants from the affected lot, the
plants have been retained at the place of production and
additional inspections have been carried out at least twice
in the three months following the finding when the plants
are in active growth and they have been found free from
the harmful organism in these inspections,
-
for all other susceptible plants at the place of production,
the plants have been subject to intensive re-inspection
following the finding and have been found free from the
harmful organism in these inspections.
(Regulation 4I)
Conditions laid down in regulation 4I(2) and (3)
1. Seeds of tomato, originating in third countries, shall be accompanied
by a phytosanitary certificate as referred to in Article 13(1)(ii) of Directive
2000/29/EC, stating that they have been obtained by means of an appropriate
acid extraction method, and
(a)
that they originate in areas in which Pepino mosaic virus is
known not to occur; or
(b)
that no symptoms of Pepino mosaic virus have been observed on
the plants at the place of production during their complete cycle
of vegetation; or
(c)
that they have undergone official testing for Pepino mosaic virus,
on a representative sample and using appropriate methods, and
have been found, in these tests, free from Pepino mosaic virus.
PLANT QUARANTINE (HARMFUL ORGANISMS)
2. Seeds of tomato, originating in the Community, may only be moved
within the Community if they have been obtained by means of an appropriate
acid extraction method, and
(a)
that they originate in areas in which Pepino mosaic virus is
known not to occur; or
(b)
that no symptoms of Pepino mosaic virus have been observed
on the plants at the place of production during their complete
cycle of vegetation; or
(c)
that they have undergone official testing for Pepino mosaic
virus, on a representative sample and using appropriate
methods, and have been found, in these tests, free from Pepino
mosaic virus.
Added by
L.N. 42 of 2005.
(Regulation 4K)
Amended by
L.N. 19 of 2011.
Without prejudice to the provisions applicable to the fruits in points 16.1,
16.3 and 16.5 of Section 1 of Part A of Annex IV to Directive 2000/29/EC, the
following requirements shall apply
1. Citrus fruits originating in Argentina or Brazil shall be accompanied
by a certificate referred to in paragraph 1 of Article 13 of Directive 2000/29/
EC, officially stating that
(a)
the fruits originate in an area recognised as being free from
Xanthomonas campestris (all strains pathogenic to Citrus), in
accordance with the procedure referred to in Article 18(2) of
Directive 2000/29/EC, and mentioned on the certificate; or
(b)
-
in accordance with an official control and examination
regime, no symptoms of Xanthomonas campestris (all
strains pathogenic to Citrus) have been observed in the
place of production since the beginning of the last cycle
of vegetation,
-
in accordance with an official control and examination
regime, including an appropriate testing regime, the
fruits harvested in the place of production are free from
Xanthomonas campestris (all strains pathogenic to
Citrus), and
-
the fruits have been subjected to treatment such as
sodium orthophenylphenate and mentioned on the
certificate, and
-
the place of production, the packing facilities, exporters
and any other operator involved in the handling of the
fruits are officially registered for this purpose.
2. Citrus fruits, other than Citrus aurantium L., originating in Argentina
or Brazil shall be accompanied by a certificate referred to in paragraph 1 of
Article 13 of Directive 2000/29/EC, officially stating that
(a)
the fruits originate in an area recognised as being free from
Guignardia citricarpa Kiely (all strains pathogenic to Citrus),
in accordance with the procedure referred to in Article 18(2) of
Directive 2000/29/EC, and mentioned on the certificate;
(b)
-
no symptoms of Guignardia citricarpa Kiely (all strains
pathogenic to Citrus), have been observed in the place of
production since the beginning of the last cycle of
vegetation, and none of the fruits harvested in the place
of production has shown, in appropriate official
PLANT QUARANTINE (HARMFUL ORGANISMS)
examination, symptoms of this organism, and
-
the place of production, the packing facilities, exporters
and any other operator involved in the handling of the
fruits are officially registered for this purpose.
3. Fruits covered by this Decision may only enter the Community if their
movement, from their place of production to the point of export to the
Community, is accompanied by documents issued under the authority of and
supervised by the National Plant Protection Organisation of Argentina or Brazil
respectively, as part of a documentary system on which information is made
available to the Commission.
(Regulation 4A)
CRITERIA FOR DELEGATION OF LABORATORY TASKS
Persons lawfully appointed by Director to whom laboratory tasks are
delegated or assigned shall fulfil the following criteria
1. They shall be independent and impartial, having no conflict of interest
between the exercise of the tasks delegated to them and the exercise of other
activities carried out by them. Persons lawfully delegated for carrying out
laboratory tasks may be requested to sign a declaration in this regard.
2. They shall treat all information related to the delegated tasks as private
confidential and shall not be allowed to submit in any manner whatsoever such
information to third parties or publish such information.
3. They shall be familiar with relevant legislation including international,
EU and national legislation, having at least five (5) years’ experience in related
phytosanitary matters.
4. They shall use appropriate diagnostic methods and procedures for
tasks delegated to them. Methods used should be in accordance with relevant
EU legislation where applicable. When this is not available, EPPO or IPPC
diagnostic protocols and other methods may be considered, according to the
circumstances of use.
5. Laboratories shall be able to maintain and develop the necessary
expertise and infrastructure to fulfil the tasks delegated to them.
6. They shall carry out diagnostic procedures in a quality-assured
manner. In case of laboratories, these shall comply with at least one of the
following criteria
(i)
be accredited according to MSA EN ISO/IEC 17025 for
plant health diagnosis; or
(ii)
be designated as a National Reference Laboratory for
specific pests or diseases in the area of plant health; or
(iii)
be nominated as an official control laboratory for plant
health diagnosis in its country; or
(iv)
be under the management of a professional or
professionals with the necessary qualifications or
experience as indicated in paragraph 7.
7. In case of professionals delegated to carry out laboratory tasks, they
shall be in possession of a Masters Degree or a Doctorate in a discipline relevant
to the tasks delegated to them or have at least ten (10) years experience as an
equivalent in the diagnosis of plant pests and diseases. Such professionals shall
carry out tasks assigned to them in laboratories with the appropriate
infrastructure.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(Regulation 20)
LETTER OF AUTHORITY FOR THE INTRODUCTION
AND/OR MOVEMENT OF HARMFUL ORGANISMS,
PLANTS,PLANT PRODUCTS AND OTHER OBJECTS FOR
TRIAL OR SCIENTIFIC PURPOSES AND FOR WORK ON
VARIETAL SELECTIONS EUROPEAN COMMUNITIES
LETTER OF AUTHORITY
[Name of Ministry]
[Name of Competent Authority]
Malta
NUMBER
LETTER OF AUTHORITY
For the introduction and/or movement of harmful organisms,
plants, plant products and other objects for trial or scientific
purposes and for work on varietal selections
1. Name and address of Consignor/Plant Protection Organisation
of the country of origin
2. Name and address of person responsible for the approved
activities
3. Name of the responsible official body of the Member State of
Issue Plant Protection Directorate Malta
4. Address and description of the specific site or sites for
quarantine containment
5. Place of origin
6. Phytosanitary Certificate
No:...............................................
Plant Passport
No:..............................................
7. Declared point of entry for material introduced from a third
country
8. Scientific name(s) of the material, including the harmful
organisms concerned
9. Quantity of material
10. Type of material
11. Additional declaration
This material is [introduced into/moved within] * the
Community under Directive 2008/61/EC
*Delete if not applicable.
PLANT QUARANTINE (HARMFUL ORGANISMS)
Delete as applicable
12. Additional Information
13. Endorsement by the responsible official body of the Member
State of origin of the material
Place of Endorsement
Date
Name and signature of authorised officer
14. Stamp of the Plant Protection Directorate, Malta
Place of Issue
Date
Name and signature of authorised officer
(Regulation 19A)
FEES TO COVER THE COSTS FOR DOCUMENTARY,
IDENTITY, PLANT HEALTH AND QUALITY CHECKS AT THE
POINT OF IMPORTATION
Item
Quantity
Fee
(euro)
(a)
for documentary checks
Per consignment
7.00
(b)
for identity checks
Per consignment
- Up to a size of a truck load, or the load
of a container of comparable size
7.00
- Bigger than the above size
14.00
(c) for plant health and quality checks, in
accordance with the following specifications
Per consignment
- Cuttings and seedlings (except forest
- Up to 10,000 in number
17.50
reproductive material), young plants of
- For each additional 1,000 units
0.70
strawberries or of vegetables
- Maximum price
140.00
- Shrubs, trees (other than cut Christmas Per consignment
trees) and, other woody nursery plants
- Up to 1,000 in number
17.50
including forest reproductive material
- For each additional 100 units
0.44
(other than seed)
- Maximum price
140.00
Per consignment
- Bulbs, corms, rhizomes and tubers,
- Up to 200 kg of weight
17.50
intended for planting (other than tubers
- For each additional 10 kg
of potatoes)
0.16
- Maximum price
140.00
- Seeds, tissue cultures
Per consignment
- Up to 200 kg of weight
7.50
- For each additional 10 kg
0.175
- Maximum price
140.00
- Other plants intended for
Per consignment
planting, not specified
- Up to 5,000 in number
17.50
elsewhere in this table
- For each additional 100 units
0.18
- Maximum price
140.00
- Cut flowers
Per consignment
- Up to 20,000 in number
17.50
- For each additional 1,000 units
0.14
- Maximum price
140.00
- Branches with foliage and parts of Per consignment
conifers (other than cut Christmas trees)
- Up to 100 kg of weight
17.50
- For each additional 1,000 kg
1.75
- Maximum price
140.00
- Cut Christmas trees
Per consignment
- Up to 1,000 in number
17.50
- For each additional 100 units
1.75
- Maximum Price
140.00
- Leaves of plants, such as herbs, spices Per consignment
and leafy vegetables
- Up to 100 kg of weight
17.50
- For each additional 10 kg
1.75
- Maximum price
140.00
- Fruits and vegetables (other than leafy Per consignment
vegetables)
- Up to 25,000 kg of weight
17.50
- For each additional 1,000 kg
0.70
- Tubers of potatoes
Per lot
- Up to 25,000 kg of weight
52.50
- For each additional 25,000 kg
52.50
- Wood (other than bark)
Per consignment
PLANT QUARANTINE (HARMFUL ORGANISMS)
- Up to 1,000m 3 of volume
17.50
- For each additional m
0.175
- Soil and growing medium and Bark
Per consignment
- Up to 25,000 kg of weight
17.50
- For each additional 1,000 kg
0.70
- Maximum Price
140.00
Per consignment
- Up to 25,000 kg of weight
17.50
- For each additional 1,000 kg
0.70
- Maximum Price
700.00
- Other plants or plant products not Per consignment
17.50
specified elsewhere in this table
Where a consignment does not consist exclusively of products falling
under the description of the relevant indent, those parts thereof
consisting of products coming under the description of the relevant
indent (lot or lots) shall be treated as separate consignment.
(Regulation 19A)
FEES TO COVER THE COSTS FOR INSPECTIONS CARRIED OUT
FOR THE ISSUING OF PLANT PASSPORTS, PHYTOSANITARY
CERTIFICATES, SUPPLIERS DOCUMENTS AND CERTIFICATION
LABELS
Item
Quantity
Fee
(EURO)
(a)
for documentary checks
Per consignment
7.00
(b)
for identity checks
Per consignment
- Up to a size of a truck load, or the
load of a container of comparable
size
7.00
- Bigger than the above size
14.00
(c) for plant health and quality checks, in
with
the
following
Per consignment
- Cuttings and seedlings (except forest
- Up to 10,000 in number
17.50
reproductive material), young plants of
- For each additional 1,000 units
0.70
strawberries or of vegetables
- Maximum price
140.00
- Shrubs, trees (other than cut Christmas Per consignment
trees) and other woody nursery plants
- Up to 10,000 in number
17.50
including forest reproductive material
- For each additional 100 units
0.44
(other than seed)
- Maximum price
140.00
- Bulbs, corms, rhizomes and tubers, Per consignment
intended for planting (other than tubers
- Up to 200 kg of weight
17.50
of potatoes)
- For each additional 10 kg
0.16
- Maximum price
140.00
- Seeds and plant tissue cultures
Per consignment
- Up to 200 kg of weight
7.50
- For each additional 10 kg
0.175
- Maximum price
140.00
- Other plants intended for planting, not Per consignment
specified elsewhere in this table
- Up to 5,000 in number
17.50
- For each additional 100 units
0.18
- Maximum price
140.00
- Cut flowers
Per consignment
- Up to 20,000 in number
17.50
- For each additional 1,000 units
0.14
- Maximum price
140.00
- Tubers of potatoes (for export including Per lot
inspection and tests but excluding the
- Up to 25,000 kg of weight
52.50
cost of the phytosanitary certificate)
- For each additional 25,000 kg
52.50
- Grain (for re-export including tests but Per consignment
excluding the cost of the phytosanitary
- Up to 100,000 kg of weight
46.00
certificate and transport)
- For each additional 100,000 kg
1.50
- Other plants or plant products not - Minimum charge inspection for
specified elsewhere in this table the first 2 hours
23.00
including fumigated wood packaging
- Each additional hour
5.00
material (excluding transport)
(d)Issue of a Phytosanitary Certificate for
Per consignment
of
less
than
a
7.00
container
Export or re-export
Per container
12.00
Grain for re-export
Per Ship
17.00
PLANT QUARANTINE (HARMFUL ORGANISMS)
Schedule XXVII
(Regulation 4M)
SECTION 1
Specific requirements for introduction into Malta
(1)
Without prejudice to the provisions listed in these regulations,
potato tubers originating in third countries where one or more of
the specified organisms are known to be present shall be
accompanied by a phytosanitary certificate, as referred to in
regulation 15 (b)(ii) (‘the certificate’), which includes under the
heading ‘Additional declaration’ the information set out in points
(2) and (3).
(2)
The certificate shall include either the information in point (a) or
in point (b)
(a) the potato tubers have been grown in a pest-free area
established by the national plant protection organisation in
accordance with relevant international standards for
phytosanitary measures;
(b) the potato tubers have been washed or brushed so that there
is no more than 0,1% of soil remaining, or have undergone
an equivalent method specifically applied in order to
achieve the same outcome and remove the specified
organisms concerned and to ensure that there is no risk of
spreading the specified organisms.
(3)
The certificate shall include the following
(a) it shall include the information that the potato tubers have
been found free from the specified organisms concerned and
from the signs of infestation by those organisms on potato
tubers, and do not contain more than 0,1% of soil in an
official examination carried out immediately prior to export;
(b) it shall include the information that the packaging material
in which potato tubers are imported is clean.
(4)
Where the information set out in point (2)(a) is given, the name
of the pest- free area shall be mentioned under the heading ‘Place
of origin’.
(5)
Potato tubers introduced into the Union in accordance with points
(1) to (4) shall be inspected at the point of entry or the place of
destination established in accordance with Commission Directive
2004/103/EC to confirm that they meet the requirements laid
down in points (1) to (4).
PLANT QUARANTINE (HARMFUL ORGANISMS)
SECTION 2
Conditions for movement
(1)
Potato tubers originating in demarcated areas within the Union
may be moved from such areas into non-demarcated areas
within Malta only if the following conditions are fulfilled
(a) the potato tubers have been grown in a registered place of
production in accordance with Commission Directive 92/
90/EEC or by a registered producer in accordance with
Commission Directive 93/50/EEC, or moved from a
warehouse or a dispatching centre registered in accordance
with Directive 93/50/EEC;
(b)
the potato tubers have been washed or brushed so that
there is no more than 0,1% of soil remaining or have
undergone an equivalent method specifically applied in
order to achieve the same outcome and remove the
specified organisms concerned and to ensure that there is
no risk of spreading the specified organisms;
(c) the packaging material in which potato tubers are moved is
clean; and
(d) the potato tubers are accompanied by a plant passport
prepared and issued in accordance with Commission
Directive 92/105/EEC.
(2)
For the movement of potato tubers to the packing facility, as
referred to in sub-regulation (3)(b)of regulation 4M, in addition
to point (1)(a), the following conditions shall be fulfilled
(a) the potato tubers have been grown in fields that have been
submitted to insecticide treatments against the specified
organisms at appropriate times during the growing season;
(b) pre-harvest official inspections have been carried out, at
appropriate times, at those fields, and no specified
organisms have been detected;
(c) the producer has, in advance, notified the responsible
official bodies of its intention to move potato tubers in
accordance with this point, and of the date of intended
movement;
(d) the potato tubers are transported to the packing facility in
closed vehicles, or in closed and clean packaging, in such a
manner to ensure that the specified organisms cannot
escape or spread;
(e) during their transport to the packing facility, the potato
tubers are accompanied by a document identifying their
origin and destination; and
PLANT QUARANTINE (HARMFUL ORGANISMS)
(f) immediately upon arrival at the packing facility, the potato
tubers are subject to the treatment described in point 1(b) of
this Section.
(3)
Potato tubers introduced into Malta in accordance with Section 1
from third countries where one or more of the specified
organisms are known to be present may be moved within Malta
and the Union only if they are accompanied by the plant passport
referred to in point (1)(d).
1 and 28.2 of Section II of Part A of Schedule IV to
these regulations, the official label defined in Schedule V
to the Seeds of Agricultural Plants and Vegetables
Regulations may be used in place of a plant passport
provided that the label provides evidence that the
requirements referred to in Schedule IV to these
regulations are complied with;
(k) the labels referred to in paragraphs (g), (h), (i) and (j)
must indicate the words "EC plant passport".
11. (a) Without prejudice to provisions of Schedule IV, a
replacement passport may be issued in place of a passport in any of the
following circumstances
(i)
where the original passport is in relation to a
consignment which requires to be divided up,
PLANT QUARANTINE (HARMFUL ORGANISMS)
(ii)
where the plant-health status of the consignment
under which the plant passport has been issued has
changed.
(b) The replacement may take place only at the request of a
natural or legal person, whether a producer or not, listed in
an official register, in accordance with regulation 6.
(c) The replacement passport may be prepared only if the
identity of the product concerned and the absence of any
risk of infection due to harmful organisms listed in
Schedule I and II since dispatch by the producer can be
guaranteed.
(d) The replacement passport must bear a special mark, as
specified in Schedule VI, and include the number of the
original producer and, if there was a change in plant-health
status, of the operator responsible for that change.
12. Where it is found that a plant, plant product or other object
does not qualify for a plant passport the following provisions shall be
applied
(i)
they are submitted to appropriate treatment, and if as
a result of the treatment the conditions of a passport
are fulfilled, a plant passport is issued;
(ii)
a permit for movement, under official control, to
zones where they do not present an additional risk is
given;
(iii)
a permit for movement, under official control, to
places for industrial processing is given; or
(iv)
their destruction is ordered.
RECOGNITION OF PROTECTED ZONES
12A. (1) When requesting the recognition of a protected zone as
referred to in article 32(1)(s) of the Act, the following conditions shall
be met
(a) an official action programme shall be established to seek
confirmation that one or more of the harmful organisms
referred to in these Regulations, in respect of which zone
is to be recognised as a protected zone, are not endemic or
established there; and
(b) the programme referred to in paragraph (a) shall be
monitored by persons entitled to act for the Directorate.
(2)
The programme referred to in sub-regulation (1) shall comprise
(a) a survey based on an understanding of the biology of any
harmful organism of concern and of the agronomy and
environment of the relevant zone using appropriate
methods of analysis including growing medium and crop
inspection and, if necessary, laboratory testing;
(b) a permanent regime providing regular and systematic
surveys, at appropriate times, at least once a year, on the
PLANT QUARANTINE (HARMFUL ORGANISMS)
presence of any harmful organism in respect of which the
zone is to be recognised as a protected zone; and
(c) a system of keeping records of the results of the surveys.
(3) The surveys referred to in sub-regulation (1) shall be carried
out by persons entitled to act for the Directorate.
(4) The survey methodology and conduct shall be notified to the
Commission. The Commission shall forward this information to the
other Member States.
12B. (1) In carrying out surveys for the purposes of the recognition
of protected zones, the Directorate shall, in respect of harmful
organisms of the animal kingdom other than nematodes, relevant to
forestry plants or plant products, which attack crops normally grown in
the open air, take account of the following guidelines
(a) the survey shall be carried out in the relevant zone;
(b) the survey methodology shall be based on a recording
plot method, comprising the following elements: a
network of observation points shall be established
following a systematic grid covering the entire relevant
zone; the following parameters of each point shall be
registered: number, actual latitude and longitude
coordinates, topography, and, where appropriate, a site
description shall be made. Where appropriate, additional
information may be collected; the observation points may
be marked; maps for representation of observation points
may be produced;
(c) the following criteria shall be used to decide the
suitability of an observation point
(i) in general the point must be sufficiently large to allow
selection of a point;
(ii) in general the point shall be located in the above-
mentioned area to allow the appropriate assessment
operations; and
(iii) in special cases, where appropriate, other points shall
be selected, such as on sites where the risk of
potential introduction of any harmful organism of
concern in an area is high;
(d) where
appropriate,
meteorological,
especially
precipitation and temperature, and edaphic data shall be
recorded, preferably on the site of the observation point,
but may also be obtained from a nearby station where
these variables are regularly measured. Extreme events,
such as drought, heavy rain, and other similar extreme
meteorological occurrences, which are likely to influence
the observations shall also be recorded;
(e) the survey, at each observation point shall be at least
(i) concentrated on a representative number of units of
plants or plant products;
(ii) concentrated on one or more of the main host plants or
PLANT QUARANTINE (HARMFUL ORGANISMS)
plant products of any harmful organism of concern;
where appropriate other hosts shall also be included;
(iii) comprising visual inspections to determine the
presence of symptoms or signs of any harmful
organism of concern, carried out at a time when such
symptoms or signs would be expected to be at their
maximum; and
(iv) in cases of doubt, laboratory testing of samples; and
(f)
where appropriate, at the observation points, traps which
attract the relevant organisms shall be used; the type and
number of traps to be used as well as the method of
trapping shall take into account the biology of the pest.
(2) Any future measure, which is appropriate to ensure that the
conditions laid down in regulation 4 are met, may be taken.
(3) The Director may issue guidelines in respect of harmful
organisms other than those referred to therein, once the necessary
technical information is available.
12C. The Director may by notice published in the Gazette lay down
the minimum measures to be taken to be able to carry out surveys for
purposes of the recognition of protected zones.
PROTECTED ZONES
13. (a) No person shall introduce into or keep or spread within the
relevant protected zones
(i)
the harmful organisms listed in Part B of Schedule I;
(ii) the plants and plant products listed in Part B of
Schedule II, where they are contaminated by the
relevant harmful organisms listed therein.
(b) No person shall introduce into a protected zone, plant
material listed in Part B of Schedule III, into the relevant
protected zones.
(c) No person shall introduce into a protected zone or keep or
spread within a protected zone the plants, plant products
and other objects listed in Part B of Schedule IV, unless the
relevant special requirements indicated in that part of the
Schedule are met.
(d) Plants, plant products and other objects listed in Section II
of Part A of Schedule V, and seeds mentioned in regulation
5(a), may not be introduced into a specified protected zone
or moved therein, unless a plant passport valid for that
zone is attached to them, to their packaging or to the
vehicles transporting them. If on issuing the plant passport
the examination does not concern conditions relevant to
the protected zones, it is considered that such conditions
are not fulfilled and the plant passport issued shall not be
valid for such zones.
(e) The zones in the Community listed in Schedule V are
PLANT QUARANTINE (HARMFUL ORGANISMS)
recognised as protected zones within the meaning of
regulation 3, in respect of any harmful organism listed
against their names in the said Schedule V.
MOVEMENT THROUGH A PROTECTED ZONE
13A. (1) When plants or plant products or other objects listed in
Schedule V, Part A, Section II to these Regulations, originating outside
a protected zone established in respect of one or more harmful
organisms, are moved through such protected zone for final
destination outside the zone, and without a plant passport valid for that
zone, the following conditions are to be met
(a) the packaging used or, where appropriate, the vehicles
transporting the plants, plant products or other objects
referred to in sub-regulation (1) to this regulation, shall
be clean and of such a nature as to ensure that there is no
risk of harmful organisms spreading;
(b) immediately after, the packaging referred to in paragraph
(a) shall be secured according to stringent plant health
standards to ensure that there is no risk of harmful
organisms spreading in the relevant protected zone and
that the identity will remain unchanged and to the
satisfaction of the Director, and remain secured during
transportation through the relevant protected zone; and
(c) the plants, plant products or other objects referred to in
sub-regulation (1) to this regulation, shall be
accompanied by a document which is normally used for
trade purposes, indicating that the said products originate
outside the relevant protected zone and have a destination
outside the relevant protected zone.
(2) If during an official check, organised pursuant to regulations
under the Act, and carried out at a place within the relevant zone, it is
found that the requirements laid down under Article 3 of the Act are
not met, the following official measures shall be taken immediately, as
appropriate, and without prejudice to the measures to be taken if the
plants, plant products or other objects do not meet the conditions laid
down under the Act
(a) sealing of the packaging; and
(b) transportation, under official control of the plants, plant
products or other objects to a destination outside the
relevant protected zone.
(3)
Less stringent conditions shall apply to those plants, plant
products or other objects listed in Schedule V, part A, section II to
these Regulations originating in and moving within a protected zone
established for the said plants, plant products or other objects in
respect of one or more harmful organisms.
NOTIFICATION OF INTRODUCTION OF PLANT MATERIAL IN
MALTA
14. (a) the Director may as he deems necessary request, by a
notice in the gazette, that certain plants, plant products
and other objects listed in Part A of Schedule V to these
regulations, be meticulously examined in their entirety
PLANT QUARANTINE (HARMFUL ORGANISMS)
and for this purpose any person introducing into Malta
from other Member States such plants, plant products and
other objects shall notify the Directorate at least forty eight
hours to their expected time of arrival. The Director shall
be informed as soon as reasonably possible, of any changes
to the expected time or date of arrival into Malta of the
notified consignment.
(b) any person who, in the course of any commercial activity,
intends to import into Malta any plant, plant product or any
other object listed in Part B of Schedule V shall, by not
later than forty eight hours before the expected date and
time of arrival of the consignment, make a request with the
Directorate, through means established by the Director by
notice in the gazette, for the issue of the Plant Health
Movement Document, hereinafter referred to as a PHMD.
Where there is any change in the expected time or date of
arrival, any such person shall inform the Director
immediately of such change.
(c) The required information shall preferably be printed but
may be handwritten in capital letters and shall be in
English or Maltese; the botanical name of the plants or
plant products shall be indicated in Latin characters;
alterations, obliterations and erasures, shall invalidate the
said request.
(d) the Directorate shall fill the details of the consignment in
accordance with the form shown in Schedule VIII upon
presentation of a valid phytosanitary certificate and any
other documents providing the details on the form. The
plant health movement document shall be issued in
triplicate after compliance to a plant health check.
(e) The authorities responsible for the point of entry in Malta
shall notify together with the notification to the Customs,
the Plant Health Department of any imminent arrival of
consignments listed in Part B of Schedule V.
(f)
Where a PHMD has been issued in terms of these
regulations, such document shall be deemed to be a plant
passport, for the purpose of these regulations, to the first
point of destination of the consignment.
(g) A PHMD shall be retained by the importer for a period of
at least three years.
IMPORTATION OF PLANT MATERIAL
15. (a) Plants, plant products and other objects listed in Part B of
Schedule V entering Malta from third countries shall be
landed at the established point of entries and shall be
subject to both Customs and the Department’s supervision
and shall satisfy the requirements of the Department
according to the provisions of these regulations.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(b) The requirements specified in paragraph (a) shall include
the following
(i)
- that the plants, plant products or other objects
are not contaminated by the harmful organisms
listed in Part A of Schedule, and
- in the case of the plants and plant products
listed in Part A of Schedule II that they are not
contaminated by the relevant harmful
organisms listed in that part of the Schedule,
and
- in the case of the plants, plant products and
other objects listed in Part A of Schedule IV
that they comply with the relevant special
requirements indicated in that part of the
Schedule, or, where applicable, with the option
declared in the certificate pursuant to regulation
19(e), and
(ii)
that the plants, plant products or other objects are
accompanied by the respective original of the
required official phytosanitary certificate or
phytosanitary certificate for re-export issued in
accordance with the provisions laid down in
regulation 19, and the respective original of the
Plant Health Movement Document.
(c) Paragraph (b) shall apply, in cases of plants, plant
products or other objects intended for a protected zone, in
respect of harmful organisms and of special requirements
listed in Part B of Schedule I, Part B of Schedule II and
Part B of Schedule IV respectively, for that protected
zone.
16. (a) For the purposes of regulation 15(b) the inspectors of the
department shall as a minimum carry out checks on at
least
(i)
each consignment declared to consist of, or to
contain, plants, plant products or other objects,
referred to in regulation 15(b) under the respective
conditions, or
(ii)
in the case of a consignment which is composed of
different lots, each lot declared, to consist of, or to
contain, such plants, plant products or other
objects.
The checks shall determine whether
(i)
the consignment or lot is accompanied by the
required phytosanitary certificate, and the PHMD,
as specified in regulation 15(b)(ii) relating to
documentary checks,
(ii)
in its entirety or on one or more representative
samples, the consignment or lot consists of, or
contains the plants, plant products or other objects,
as declared on the required documents relating to
identity checks, and
(iii)
in its entirety or on one or more representative
samples, including the packaging and, where
appropriate, the transport vehicles, the consignment
or lot or their wood packing material comply with
the requirements laid down in these regulations;
(iv)
the PHMD and the official phytosanitary certificate
or phytosanitary certificate for re-export shall be in
line to the general provisions of these regulations.
The foregoing provisions of this regulation shall also apply
to plants, plant products or objects other than those
referred regulation 15, which come from a third country
and are brought into the customs territory of Malta. These
may, from the time of their entry, be subject to supervision
by the Plant Health Department, in respect of these
regulations. These plants, plant products or objects include
wood in the form of dunnage, spacers, pallets or packing
material, which are actually in use in the transport of
objects of all kinds. Where the Plant Health Department
makes use of this faculty, the plants, plant products or
objects concerned shall remain under the supervision
referred to in regulation 15(a), until the relevant
formalities have been completed such as to conclude, as a
result for these formalities and as far as can be determined,
that they comply with the relevant requirements laid down
in or under these regulations.
(aa) Inspections carried out under regulation 16(a) shall be
subject to fees as stipulated under Schedule (XXV) to
these regulations.
(b) the provisions of checks as specified in paragraph (a) shall
not apply for the following cases
(i)
where plants, plant products and other objects are
imported in Malta and these do not present any risk
of harmful organisms spreading in Malta are
-
being directly moved from one point to another
within the Community through the territory of a
third country without any change in their
customs status (internal transit), or
-
being directly moved from one point to another
within one or two third countries via Malta
under appropriate customs procedure without
any change in their customs status;
(ii)
to the movement of small quantities of plants, plant
products and other objects, other than potatoes, as
defined in sub-paragraphs (i), (ii) and (iii) of
paragraph (d) of regulation 4.
(iii)
the importation into Malta of plant, plant products
PLANT QUARANTINE (HARMFUL ORGANISMS)
and other objects for trial or scientific purposes
and for work on varietal selections which shall be
conducted in accordance with the conditions under
regulation 20.
(c) Where it is satisfied that the requirements under
regulation 15 have been complied with, the Director shall
issue a Plant Health Movement Document in terms of
Schedule VIII. Such document shall contain a document
reference number to be provided by the Directorate. All
information provided under Documentary check, identity
check and Plant Health Check in the Document, shall be
filled by the inspector followed by his authorisation by
means of an official rubber stamp. Upon the granting of
the authorisation, one copy of the Plant Health
Movement Document shall be forwarded to Customs,
another copy shall be forwarded to the importer and
another copy shall be retained by the Directorate.
16A. (1) Without prejudice to regulation 16, the following
provisions shall apply only for checks carried out at places of
destination
(a) identity and Plant Health Checks of Plants, Plant
Products or other Objects listed in Part B of Schedule V
to these Regulations may be carried out at a Place other
than point of entry. In case of transit of non-Community
goods the inspection may take place at the premises of
the official body of destination, or at any place close by,
when the conditions referred to in paragraph (b) are met.
The inspection may take place at the place of destination
such as place of production, when the conditions referred
to in sub-regulation (b) are met;
(b) the conditions referred to in sub- paragraph (a) shall be
(i)
when the official bodies of the point of entry and of
destination decide, where appropriate by agreement
between the responsible official bodies of the
Member States, that identity checks and plant
health checks (hereinafter referred to as "checks")
could more meticulously be carried out at a place
other than the point of entry into the Community or
at a place close by; and
(ii) when any importer or other person responsible for
the places or the premises where the checks are to
be carried out (hereinafter referred to as "the
applicant") of a consignment composed of the
products concerned has the approval, through an
approval procedure defined in sub-regulation (2)(b)
for checks to be carried out at "an approved place
of inspection" which is either
(A)
in the case of transit of non-Community
goods at -
(1) the premises of the official body of
destination; or
(2) a place close by those premises and
designated or approved by the customs
authorities and by the responsible official
body; or
(B)
at a place of destination approved by the
official body and the customs authorities
responsible for the area where that place of
destination is located; and
(C)
when specific guarantees and documents as
regards the transport of a consignment
composed of the products concerned to the
approved place of inspection are met, and,
where appropriate, minimum conditions
concerning the storage of these products on
these places of inspection are fulfilled; and
(c) the specific guarantees, documents and minimum
conditions referred to in sub-regulation (1)(b)(C) of this
regulation shall be
(i)
the packaging of the consignment or the means of
transport used for this consignment shall be closed or
sealed in such a way that the products concerned
cannot cause infestation or infection during their
transport to the approved place of inspection and will
be such that their identity will remain unchanged. In
duly reasoned cases the relevant official bodies of
the Member States may allow consignments which
are not closed or sealed, provided that the products
concerned cannot cause infestation or infection
during their transport to the approved place of
inspection;
(ii) the consignment shall be sent to the approved place
of inspection. No change of the place of inspection is
allowed, except following approval by the relevant
official bodies of the point of entry and of the
requested destination, and the customs authorities
responsible for the area where the requested place of
inspection is located;
(iii) the consignment shall be accompanied by a PHMD,
and contain the required information in accordance
with the model in Schedule VIII to these regulations;
the document shall be completed by typing or in
handwritten legible capital letters or by electronic
means in agreement with the relevant official bodies
of point of entry and of destination and shall be in at
least one of the official languages of the Community;
(iv) the relevant headings of the document referred to in
paragraph (iii) shall be filled in and signed by the
importer of the consignment under the supervision
of the relevant official body of point of entry; and
(v) in the cases referred to in sub-regulation
(b)(ii)(A)(1) of this regulation, the storage of the
consignment at the approved place of inspection
shall be such that it is separated from both
Community goods and from consignments infested
or suspected to be infested by harmful organisms.
(2) (a)
the Directorate shall ensure that an approval procedure
be established as specified in sub-regulations (2)(b),
(2)(c) and (2)(d) of this regulation to evaluate, and
where appropriate to approve, the suitability in
phytosanitary terms, of carrying out checks at places
proposed as approved places of inspection;
(b)
the procedure referred to in sub-regulation (2)(a) of this
regulation shall indicate that, if the checks are to be
carried out at approved places of inspection, any
applicant shall apply to the responsible official bodies
in charge of carrying out such checks, requesting that
checks be carried out at places mentioned in the request;
(c)
the application shall include a technical dossier
supplying the information necessary for evaluating the
suitability of proposed places as an approved place of
inspection, and covering, in particular information
relating to the products concerned intended to be
imported and the places in which the imported products
concerned will be stored or kept awaiting the final
results of the checks, and in particular how separation
referred to in sub-regulation (1)(c)(v) of this regulation
is to be secured; and
(d)
the Directorate shall ensure that the application referred
to in sub-regulation (2)(b) of this regulation shall be
recorded and that
(i)
the information supplied in the application is
examined;
(ii) the suitability for carrying out checks at the
proposed places of inspection is evaluated, which
should fulfil minimum requirements which are at
least those laid down in paragraphs (3)(b) and
(3)(c) of regulation 16B, or any further
requirements which the Director may impose in a
non- discriminatory manner and which are justified
in order to allow efficient inspections are
evaluated; and
(iii) the Director shall respond to the applicant by
either
PLANT QUARANTINE (HARMFUL ORGANISMS)
(A)
indicating that the application is acceptable
and that the places concerned are designated
as approved place of inspection; or
(B)
indicating that the application
is
not
acceptable and the reason thereof;
(e)
the Director shall keep and provide to the Commission
and to the Member States on request, the updated list of
the approved places of inspection;
(f)
the Director shall ensure that the necessary measures are
taken if it is found that there are elements which would
militate against the proper functioning of carrying out
checks at the approved places of inspection
Provided that the Director shall notify the Commission
and the Member States concerned of all significant cases
of non-compliance with the conditions which apply to an
approved place of inspection.
(3)
Plant Health Inspectors shall ensure that the importer of the
c o nsi g nm e n ts fo r wh ic h i t wa s de c id e d th a t ch e c k s o f th e s e
consignments may be carried out at an approved place of inspection,
shall be subject to the following obligations, without prejudice to those
already laid down in regulations 6 and 7
(a) the importer shall notify the introduction of the products
concerned sufficiently in advance to the relevant official
body of destination, which notification shall contain in
particular
(i)
the name, address and the location of the approved
place of inspection;
(ii) the scheduled date and time of arrival at the
approved place of inspection of the products
concerned;
(iii) if available, the individual serial number of the plant
health movement document referred to in sub-
regulation (1)(c)(iii);
(iv) if available, the date and place at which the plant
health movement document referred to in sub-
regulation (1)(c)(iii) was drawn up; and
(v) details of the importer and phytosanitary certificate
or phytosanitary certificate for re-export as requested
in the PHMD as per Schedule VIII; and
(b) the importer shall notify to the relevant official body of
destination any changes as regards the information
supplied pursuant to paragraph (3)(a).
(4)
The Directorate shall ensure that the checks of the products
concerned carried out at the approved place of inspection satisfy
minimum conditions which are at least those laid down in paragraphs 1,
2 and 3(a) of Regulation 16B, or any further requirements which the
PLANT QUARANTINE (HARMFUL ORGANISMS)
Director may impose in a non-discriminatory manner and which are
justified in order to allow efficient inspections.
(5)
The Directorate may lay down additional requirements
deemed necessary to designate a proposed place as an approved place
of inspection.
(6)
(1)
Malta shall ensure co-operation, where applicable,
between
(a) the official body of point of entry and the official body of
destination;
(b) the official body of point of entry and the customs office
of point of entry;
(c) the official body of destination and the customs office of
destination;
(d) the official body of point of entry and the customs office
of destination by means of exchange of relevant
information on the plants, plant products or other objects
intended to be imported, their packaging and means of
transport in written or electronic form using the Plant
health movement document referred to in sub-regulation
1(b)(c)(iii).
(2) (a)
If the point of entry into Malta of the products
concerned and the approved place of inspection are
situated in different Member States, the consignment
may be sent to and the checks may be carried out at an
approved place of inspection on the basis of an
agreement between the responsible official bodies of
the Member States concerned. Evidence of the
agreement between the responsible official bodies of
the Member States concerned shall be recorded on the
Plant health movement document.
(b)
after the products have been inspected at the approved
place of inspection, the Directorate shall certify on the
PHMD, using a service stamp and a date, that the
relevant identity and plant health checks referred to in
sub-regulation 16 (a) (ii) (ii) and 16 (a) (ii) (iii) have
been carried out. The final outcome of these checks
shall be shown in the box headed "Decision". This
provision applies, mutatis mutandis, if the documentary
checks referred to in regulation 15 (b)(ii) have also been
complied with;
(c)
if the outcome of the checks referred to in sub-
regulation (6)(b) is "Release", the consignment and the
accompanying PHMD shall be presented to the
Customs authorities responsible for the area of the
"approved place of inspection" enabling the
consignment to be placed under the relevant customs
procedure referred to in regulation 15.
The PHMD shall no longer be required to accompany the
consignment and this document or a copy thereof shall be
kept for at least one year by the Directorate;
PLANT QUARANTINE (HARMFUL ORGANISMS)
(d) if the outcome of the checks referred to in sub-regulation
(6)(b) leads to the obligation to move the products
concerned within the Community to a destination outside
the Community, such products shall remain under Customs
supervision until the re-export of the products has taken
place.
16B. (1) When the plant health checks, listed in Schedule V Part
B and coming from third countries, are carried out at the inspection
posts other than those at the place of destination, the following
minimum conditions shall be satisfied
(a) the Directorate shall have
(i)
authority to carry out the duties;
(ii) technical abilities, especially in the detection and
diagnosis of harmful organisms;
(iii) expertise in identification of harmful organisms, or
access to such expertise;
(iv) access to appropriate administrative, inspection and
testing facilities, tools and equipment, as specified in
sub-regulation (2); and
(v) access to facilities for proper storage and quarantine
of consignments and, when necessary, for
destruction or other suitable treatment, of all or part
of the intercepted consignment;
(b) the Director shall also have available
(i)
written, up-to-date national inspection guidelines
based on the Act;
(ii) an up-to-date set of Community guidelines for the
experts and for national inspectors;
(iii) up-to-date Community plant health legislation;
(iv) an up-to-date list including addresses and telephone
numbers of specialised laboratories which have been
officially approved for carrying out tests for
determining the presence of harmful organisms or
for the identification of harmful organisms. Suitable
procedures must be in place to ensure the integrity
and security of samples when moved to the
laboratory and during the testing process; and
(v) up-to-date information on consignments of plants,
plant products or other objects coming from third
countries which have undergone
(A) official interception; and
(B) official tests in specialised laboratories together with
their results, provided at least that this information is
PLANT QUARANTINE (HARMFUL ORGANISMS)
relevant to the plant health checks for the place at
which they are carried out; and
(c) the Directorate shall be able to adapt the established
programme of plant health checks as quickly as possible
in such a way as to meet actual needs, in the light of new
plant health risks or any changes in the quantity and or
volume of the plants, plant products or other objects
offered for introduction at the inspection posts other than
those at the place of destination.
(2)
The inspectors as referred to in the Act and in these
regulations actually in charge of carrying out the inspections at the
inspection posts referred to in these regulations, shall have
(a) technical competence, especially in the detection of
harmful organisms; and
(b) expertise in the identification of harmful organisms, or
access to such expertise, as part of their qualifications
required under the said regulation, and shall have directly
available the information referred to in regulation
1(b)(iv) and (v).
(3)
The facilities, tools and equipment as referred to in sub-
regulation (1) shall be made up of at least
(a) in respect of administrative facilities
(i)
a rapid communication system;
(ii) the specialised laboratories referred to in sub-
regulation (1);
(iii) the customs authorities;
(iv) the Commission;
(v) other Member States; and
(vi) a document duplication system;
(b) in respect of inspection facilities
(i)
suitable areas for inspection, as appropriate;
(ii) adequate lighting;
(iii) inspection table or tables;
(iv) equipment suitable for visual checks, disinfecting
the premises and equipment used for plant health
checks; and
(v) the preparation of samples for possible further tests
in the specialised laboratories referred to in sub-
regulation (1); and
(c) in respect of facilities for the sampling of consignments
(i)
appropriate
material
for
the
individual
identification and packaging of each sample;
PLANT QUARANTINE (HARMFUL ORGANISMS)
(ii) adequate packaging material for sending samples to
the specialised laboratories referred to in regulation
sub-regulation (1);
(iii) seals;
(iv) official stamps; and
(v) adequate lighting.
17. (a) Where following the inspections and, or checks it is found
that the plants, plant products or other objects do not
satisfy the requirements established by these regulations,
the Director shall immediately take one or more of the
following measures
(i)
refusal of entry into Malta of all or part of the
consignment,
(ii)
movement, under official supervision, in accordance
with the appropriate customs procedure, to a
destination outside the Community,
(iii)
removal of infected and, or infested produce from
the consignment,
(iv)
their destruction,
(v)
the imposition of a quarantine period until the
results of the examinations or official tests are
available,
(vi)
exceptionally and only in specific circumstances
appropriate treatment where it is considered by the
Director of Plant Health that, as a result of the
treatment, the conditions will be fulfilled and the
risk of spreading harmful organisms is obviated; the
measure of appropriate treatment may also be taken
in respect of harmful organisms not listed in
Schedule I or in Part A of Schedule II.
(b) In the case of a refusal referred to in paragraph (a)(i) or
movement to a destination outside the Community referred
to in paragraph (a)(ii) or of a removal referred to in
paragraph (a)(iii), the phytosanitary certificates or the
phytosanitary certificates for re-export, and any other
document which have been produced when the plants,
plant products or other objects were submitted for
introduction into Malta shall be cancelled by the Plant
Health Department. Upon cancellation, the said
certificates or documents shall bear on their face and in a
prominent position a triangular stamp in red, marked
"certificate cancelled" or "document cancelled" from the
Plant Health Department, together with its denomination
and the date of refusal, of the start of the movement to a
destination outside the Community or of removal. It shall
be in capital letters, and in Maltese or English.
(c) In cases referred to in the paragraphs of this regulation, the
PLANT QUARANTINE (HARMFUL ORGANISMS)
Department shall also inform, in no later than two
working days after the date of interception, the plant
protection organisation of the third country of origin or
consignor third country, the single central authorities of
the Member States and the Commission of all cases
where plants, plant products or other objects coming
from the relevant third country have been intercepted as
not complying with the plant health requirements, and the
reasons of the interception, without prejudice to the
action which Malta may take or has taken in respect of
the intercepted consignment. Notification of interception
shall be made on the form shown in Schedule IX.
EXPORT OF REGULATED PLANTS, PLANT PRODUCTS
AND OTHER OBJECTS
18. (a) The Department after carrying out the necessary
inspections on plants, plant products and other objects,
shall issue a Phytosanitary Certificate or a Phytosanitary
certificate for re-export for third countries contained in
Schedule X and in compliance with the regulations of the
country of destination and countries of transit.
(b) The exporter, shall notify the Department of specific
regulations on the consignment of the country of
destination in due time, so as to allow performance of the
inspection. Still the inspection shall be applied for not
more than fourteen days and not less than one working
day before the date of travel.
PHYTOSANITARY CERTIFICATES AND PHYTOSANITARY
CERTIFICATES FOR RE-EXPORT
19. (1) (a) phytosanitary certificates and phytosanitary certificates
for re-export shall be in compliance with the provisions
of the International Plant Protection Convention,
hereinafter also referred to as IPPC;
(b) the phytosanitary certificates and phytosanitary
certificates for re-export for any imported plants, plant
products or other objects shall be designated the
Directorate;
(c) where a phytosanitary certificates or phytosanitary
certificates for re-export is issued in a language other
than Maltese or English it shall incorporate or be
accompanied by a translation into the Maltese or
English language, which translation, if it is a document
separate from the certificate, shall be authenticated by
an authorized person of the country of origin;
(d) the certificate shall not be made out more than fourteen
days before the date on which the plants, plant products
or other objects left the country of origin or consignor
country;
(e) the certificates, in the case of plants, plant products or
other objects listed in Section I of Part A or Part B of
Schedule IV, shall specify, under the heading
"Additional Declaration" the special relevant
PLANT QUARANTINE (HARMFUL ORGANISMS)
requirements listed as alternatives in the different parts in
relation thereto in the said Schedule IV that has been
complied with. This specification shall be given through
reference to the relevant number and, or letter in the said
Schedule
Provided that, where a special request cannot be fulfilled
in a consignor country, the official Phytosanitary
certificate may only be issued in relation to the said
special requirements by the country of origin;
(f) the issuance of a Phytosanitary certificate for export or
re-export shall be subject to fees as stipulated under
regulation 19A-and Schedule XXVI-.
(2) (a)
the Director shall accept official phytosanitary
certificates or phytosanitary certificates for re-export
accompanying plants, plant products or other objects
listed in Part B of Schedule V to these regulations
coming from contracting third countries to the
International Plant Protection Convention (IPPC) which
are issued in accordance with the models as specified in
Schedule X;
(b)
the Director shall only accept the certificates referred to
in sub-regulation (2)(a) provided that they have been
completed taking into account the FAO International
Standard for Phytosanitary Measures No 12 on
Guidelines for phytosanitary certificates.
19A. (1) Where inspections are carried out for documentary,
identity, and plant health checks, as well as for certification of plant
propagation material or whole plants that fall under the Act, and
regulations made thereunder, fees shall be levied by the director for
such inspections. These fees which are specified in Schedule XXV and
Schedule XXVI to these regulations shall be;
(a) charged and paid to the Director, Financial Management at
the Ministry for the Environment, Sustainable
Development and Climate Change; and
(b) paid on the date of inspection or on filling an application
for any type of testing
Provided that where the checks and the tests for
confirmation require supplementary checks and testing
beyond what is normally carried out, an additional charge
to cover the costs of such additional services shall be
levied by the Director.
(2)
When the services specified in sub-regulation (1) are rendered
outside the official business hours of the Directorate, the importer or
exporter, as the case may be, shall pay to the Director an additional
charge equivalent to the overtime paid to the inspectors, calculated at
the rates which the Government from time to time pays to such
inspectors on overtime, together with an administrative charge of ten
per centum calculated on the charge and expenses if any. Such charge
shall be at the rate per hour or part thereof, subject to a minimum of two
hours.
PLANT QUARANTINE (HARMFUL ORGANISMS)
(3)
For the purposes of this regulation, the official business
hours of the Directorate shall be as follows
From 1st October to the 15th June
Monday to Fridays (except public holidays)
7.00 a.m. to 4.00 p.m.;
From 16th June to 30th September
Monday to Fridays (except public holidays)
7.00 a.m. to 1.00 p.m.
(4)
(a) when the services are provided at any premises outside the
Directorate, there shall be a charge for transport at the rate
of fifty cents (€0.50) per kilometre for the distance
between the Directorate’s offices and the place of
inspection, provided that
(i)
no charges shall be demanded in respect of any
ferry fares between Malta and Gozo; or
(ii)
when attendance by an inspector is given outside
official business hours, transport charges shall be
calculated as specified above with an additional
charge of three euro and fifty cents (€3.50) and this
additional charge shall be reduced to one euro and
seventy-five cents (€1.75) whenever attendance
commences or ends during the period when the
officer is on- duty;
(b) such fees shall be paid to the Director.
(5)
Where in the rendering of services on the importation of
plants, plant products and other articles in accordance with
any regulations under the Act, there is a delay in the arrival of
such plants, plant products and other objects beyond one hour
from the advised time of arrival, a charge shall be paid by the
importer at the rate per hour established under sub-regulation
(3).
INTRODUCTION INTO MALTA OF CERTAIN HARMFUL
ORGANISMS, PLANTS AND PLANT MATERIAL FOR TRIAL
AND SCIENTIFIC PURPOSES
20. (a) Notwithstanding the provisions of these regulations, on
request, the Department may allow importation into
Malta or movement and use within the country of
prohibited harmful organisms, regulated articles and
every development stage of other viable harmful
organism listed in Schedules I to V for trial and scientific
purposes and for work on varietal selection (research) if
the general requirements specified in Part A of Schedule
XI are met. In certain cases, additional conditions may be
specified by the Director.
(b) Any person requiring to enter in Malta, any plant, plant
product or other object listed in Schedules I to V for trial
and scientific purposes and for work on varietal selection
PLANT QUARANTINE (HARMFUL ORGANISMS)
(research) shall make an application to the Director
containing the information set out in Part B of Schedule
XI. Such application shall contain such other information
and shall be accompanied by such other documents as the
Director may require. The letter of authority shall at all
times be kept within the same premises where the plant,
plant product or object for which letter was issued is being
kept.
(c) In the consideration of an application received in
accordance with paragraph (b), the Director shall verify
that the applicant has the resources and is a fit and proper
person to satisfy the requirements in Part A of Schedule
XI. If the Director thinks that such person satisfies the
requirements aforesaid he shall issue a letter of authority
according to the model under Schedule XII. The Director
may subject the said letter of authority to any condition
that he may deem fit.
(d) Where during such time the letter of authority is in force
the Director has reason to believe that any of the
conditions laid down in Part A of Schedule XI and the
conditions attached to the letter of authority are no longer
complied with, he may suspend or revoke the said
authority.
(e) Where a plant, plant product or other object listed in
Schedules I to V is introduced for trial and scientific
purposes and for work on varietal selection (research), the
provisions of this regulation shall apply
(i)
in the case of movement of material originating in
the Community, where the place of origin is another
Member State, the said letter of authority in
Schedule XII
-
shall be officially endorsed by the Member
State of origin for movement of the material
under quarantine containment conditions; and
-
for plant material listed in Part A of Schedule
V, the research object shall be accompanied by
the signed letter of authority in Schedule XII
together with the plant passport issued by the
Plant Health Department on the basis of
inspection carried out in compliance with these
regulations, the additional declaration of which
shall bear the following statement: "The
material is moved within Malta under
regulation 20 of the Plant Quarantine
Regulations";
(ii)
in the case of material listed in Part B of Schedule V
introduced from a third country, the material shall be
accompanied by a phytosanitary certificate issued in
the country of origin, on the basis of the
examination carried out pursuant to these
PLANT QUARANTINE (HARMFUL ORGANISMS)
regulations for compliance with the provisions laid
down herein. The certificate shall, under
"Additional declaration", contain the following
indication: "This material is imported into Malta
under regulation 20 of the Plant Quarantine
Regulations". The relevant harmful organism or
organisms shall also be specified, where
appropriate.
21. In all cases the material shall be held under quarantine
containment conditions and other general conditions specified in
accordance with Part A of Schedule XI during the said introduction or
movement, and shall be moved directly and immediately to the site or
sites specified in the application.
22. (a) The person responsible for the activities, shall notify
immediately the Director of -
(i)
any contamination of the research material by
harmful organisms listed in the Schedules and any
other harmful organism considered a risk to Malta
by the Plant Health Department, and
(ii) any event resulting in the escape of the above-
mentioned organisms into the environment.
(b) The Plant Health Department shall check whether the
phytosanitary measures specified in this regulation are
observed and the research material and its additional
objects treated (including sterilization, disinfestations,
destruction and other ordered procedures) in compliance
with Schedule XIII.
(c) Phytosanitary restrictions may be lifted if
(i)
the research object (including pests and additional
objects), plants, plant products and other articles in
contact with the research object have been
destroyed, disinfested or otherwise treated as
ordered by the Service,
(ii)
the facility where research is performed has been
disinfested or otherwise treated as ordered by the
Service.
(d) Any plants, plant products and other articles
contaminated with the research object or contacted with
it in any way shall be destroyed or subjected to treatment
aimed at killing the pest.
ENFORCEMENT
23. (a) It shall be the duty of the Director to ensure compliance
with the provisions of these regulations and for such
purposes he shall carry out such checks, verifications and
inspections during such time or times as may be
necessary. For the purposes of the foregoing provisions of
these regulations the Director shall have access to any
premises where an activity regulated by these regulations
is being carried out and shall have access to all relevant
information and records. He may also collect samples of
PLANT QUARANTINE (HARMFUL ORGANISMS)
plants, plant products and other objects and carry out any
relevant checks thereon.
(b) Without prejudice to the provisions of these regulations,
the Director may by notice in the Gazette publish
guidelines establishing the minimum measures to be taken.
(c) Where it is established, through the official checks carried
out in accordance with this regulation, that plants, plant
products or other objects present a risk of spreading
harmful organisms, they shall be the subject of official
measures in accordance with these regulations or any other
measure that the Director may deem fit.
(d) (i) in those cases where the Director has reasonable cause
to believe that an offence against these regulations has
been committed by any person and it results that such
person has not previously committed an offence
against the Act, he may serve an enforcement notice on
such person in accordance with sub-paragraph (ii)
below;
(ii) an enforcement notice served upon a person in terms of
sub-paragraph (i) shall
(A) require the person upon whom it is served to carry
out such works or to take such steps as the
Director may determine in order to remedy, or to
prevent the continuation or repetition of, any
contravention to which the enforcement notice
relates; and
(B) state the period within which any such requirement
is to be complied with;
(iii) the period stated in the enforcement notice for
compliance with any such requirement shall be such
period as is reasonable in the circumstances;
(iv) the Director may at any time
(A) withdraw the enforcement notice;
(B) extend the period for compliance with any
requirement of the enforcement notice; or
(C) modify the requirements of the enforcement notice
MISCELLANEOUS
24. (a) In any of the following cases, in addition to the measures
taken in accordance to the provisions of these regulations,
the Director shall immediately notify the Commission and
the Member States of such an event
(i)
the presence in Malta of any of the harmful
organisms listed in Section I, Part A of Schedule I,
and Section I Part A of Schedule II, or of the
appearance in part of Malta in which their presence
PLANT QUARANTINE (HARMFUL ORGANISMS)
was previously unknown of any of the harmful
organisms listed in Section II, Part A of Schedule
I, or in Part B of Schedule I or in Section II, Part
A, of Schedule II, or in Part B of Schedule II;
(ii)
the actual or suspected appearance of any harmful
organisms not listed in Schedule I or in Schedule II
whose presence was previously unknown in Malta.
It shall also inform the Commission and the other
Member States of the protective measures which it
has taken or intends to take. These measures must,
inter alia, be such as to prevent risk of the spread
of the harmful organism concerned in the territory
of the other Member States;
(iii)
in the case of consignments of plants, plant
products or other objects from third countries
considered to involve an imminent danger of the
introduction or spread of the harmful organisms
referred to in sub-paragraphs (i) and (ii). The Plant
Health Department shall also immediately take the
measures necessary to protect the territory of the
Community from that danger.
(b) Where the Plant Health Department considers that there
is an imminent danger other than that referred to in
paragraph (a), it shall immediately notify the
Commission and the other Member States of the
measures which it would like to see taken. If it considers
that these measures are not being taken in sufficient time
to prevent the introduction or spread of a harmful
organism into Malta, it may temporarily take any
additional measures which it deems necessary.
25. (1) The Director may, where he deems appropriate, issue
guidelines, measures or operative procedures for the implementation
of these regulations.
(2) Without prejudice to the generality of sub-regulation (1), the
Director of the Plant Health Department may by notice published in
the Gazette lay down the minimum measures to be taken to control and
prevent the spread of harmful organisms.
26. Any person found guilty of an offence against any provision
of these regulations shall, on conviction, be liable to penalties
established under the Act.
PLANT QUARANTINE (HARMFUL ORGANISMS)
Tachypterellus
Plants of Cydonia Mill., Malus Mill., Prunus L. and
Pyrus L., other than seeds, originating in non-European
quadigibbus
Say
countries
Toxoptera
Plants of Citrus L., Fortunella Swingle, Poncirus Raf.,
citricida Kirk.
and their hybrids, other than fruit and seeds
31. (Deleted by L.N. 334 of 2014)
Unaspis citri
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,
Comstock
and their hybrids, other than fruit and seeds
(*) Aphelenchoides besseyi Christie is not present on Oryza spp. in the
Community
(b) Bacteria
Species
Subject of contamination
1. (Deleted by L.N. 334 of 2014)
2. Citrus
Plants of Citrus L., Fortunella Swingle, Poncirus Raf, and
variegated chlorosis their hybrids, other than fruit and seeds
3. Erwinia
Seeds of Zea mays L.
stewartii (Smith)
Dye
5. Xanthomonas
Seeds of Oryza spp.
campestris pv.
oryzae (Ishiyama)
Dye and pv.
oryzicola (Fang. et
al.) Dye
(c) Fungi
Species
Subject of contamination
1. Alternaria
Plants of Cydonia Mill., Malus Mill. and Pyrus L. intended for
alternata (Fr.)
planting, other than seeds, originating in non-European
Keissler (non-
countries
European
pathogenic
isolates)
1.1.Anisogramma
Plants of Corylus L., intended for planting, other than seeds,
anomaala (Peck)
originating in Canada and the United States of America
E. Müller
2. Apiosporina
Plants of Prunus L. intended for planting, other than seeds
(Schwin.) v. Arx
morbosa
3. Atropellis spp.
Plants of Pinus L., other than fruit and seeds, isolated bark and
wood of Pinus L.
4. Ceratocystis
Plants of Acer saccharum Marsh., other than fruit and seeds,
originating in the USA and Canada, wood of Acer saccharum
virescens
(Davidson) Moreau
Marsh., including wood which has not kept its natural round
surface, originating in USA and Canada
5. Cercoseptoria
Plants of Pinus L., other than fruit and sceds, and wood of
Pinus L.
pini-densiflorae
(Hori and Nambu)
Deighton
6. Cercospora
Plants of Citrus L., Fortunella Swingle, Poncirus Raf, and
angolensis Carv
their hybrids, other than seeds
and Mendes
7. (Deleted by L.N. 334 of 2014)
8. Diaporthe vaccinii
Plants of Vaccinium spp., intended for planting, other than
Shaer
seeds
10.Fusarium
Plants of Phoenix spp., other than fruit and seeds
oxysporum f. sp.
albedinis (Kilian
and Maire) Gordon
12.Guignardia
Plants of Cydonia Mill., Malus Mill., Prunus L. and Pyrus L.,
piricola (Nosa)
other than seeds, originating in non-European countries
Yamamoto
13.Puccinia
Plants of Solanaceae, other than fruit and seeds
pittieriana
Hennings
14.Scrirrhia acicola
Plants of Pinus L., other than fruit and seeds
(Dearn.) Siggers
14.1.Stegophora
Plants of Ulmus L. and Zelkova L., intended for planting, other
ulmea (Sehweinitz
than seeds
Fries) Sydow &
Sydow
15.Venturia nashicola
Plants of Pyrus L., intended for planting, other than seeds,
Tanaka and
originating in non-European countries
Yamamoto
(d) Virus and virus-like organisms
Species
Subject of contamination
1. Beet curly top
Plants of Bela vulgaris L., intended for planting, other than
virus (non-
seeds
European
isolates)
2. Black raspberry
Plants of Rubus L., intended for planting
latent virus
3. Blight and blight-
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
like
their hybrids, other than fruit and seeds
4. Cadang-Cadang
Plants of Palmae, intended for planting, other than seeds,
viroid
originating in non-European countries
5. Cherry leafroll
Plants of Rubus L., intended for planting
virus (*)
5.1. Chrysanthemum
Plants of Dendramhema (DC) Des Moul and Solanum
stem necrosis
lycopersicum L., intended for planting, other than seeds
virus
6. Citrus mosaic
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
virus
their hybrids, other than fruit and seeds
7. Citrus tristeza
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
virus (non-
their hybrids, other than fruit and seeds
European
isolates)
8. Leprosis
Plants of Citrus L., Fortunella Swingle, Poncirus Raf. and
their hybrids, other than fruit and seeds
9. Little cherry
Plants of Prunus cerasus L., Prunus avium L., Prunus
pathogen (non-
incisa Thunb., Prunus sargentii Rehd., Prunus serrula
European
Franch., Prunus serrulata Lindl., Prunus speciosa (Koidz.)
isolates)
Ingram, Prunus subhirtella Miq., Prunus yedoensis
Matsum., and hybrids and cultivars thereof, intended for
planting, other than seeds
10. Naturally
Plants of Citrus L., Fortunella Swingle, Poncirus Raf, and
spreading
their hybrids, other than fruit and seeds
psorosis
11. Palm lethal
Plants of Palmae, intended for planting, other than seeds,
yellowing
originating in non-European countries
mycoplasm
12. Prunus necrotic
Plants of Rubus L., intended for planting
ringspot virus
(**)
PLANT QUARANTINE (HARMFUL ORGANISMS)
13. Satsuma dwarf
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
virus
their hybrids, other than fruit and seeds
14. Tatter leaf virus
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
their hybrids, other than fruit and seeds
15. Witches’ broom
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
(MLO)
their hybrids, other than fruit and seeds
(*) Cherry leaf roll virus is not present in Rubus L. in the Community.
(**) Prunus necrotic ringspot virus is not present in Rubus L. in the Community.
Section II
HARMFUL ORGANISMS KNOWN TO OCCUR IN THE
COMMUNITY
AND RELEVANT FOR THE ENTIRE COMMUNITY
(a) Insects, mites and nematodes, at all stages of their
development
Species
Subject of contamination
1. Plants of Fragaria L., intended for planting, other than seeds
Aphelenchoides
besseyi Christie
2. Plants of Vitis L., other than fruit and seeds
Daktulosphaira
vitifoliae (Fitch)
3. Flower bulbs and corms of Crocus L., miniature cultivars and
Ditylenchus
destructor Thorne
their hybrids of the genus Gladiolus Tourn. ex L., such as
Gladiolus callianthus Marais, Gladiolus colvillei Sweet,
Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus
tubergenii hort., Hyacinthus L., Iris L., Trigridia Juss, Tulipa
L., intended for planting, and potato tubers (Solanum
tuberosum L.), intended for planting
4. Seeds and bulbs of Allium ascalonicum L., Allium cepa L.
Ditylenchus
(Kühn)
and Allium schoenoprasum L., intended for planting and
dipsaci
Filipjev
plants of Allium porrum L., intended for planting, bulbs and
corms of Camassia Lindl., Chionodoxa Boiss., Crocus flavus
Weston 'Golden Yellow', Galanthus L., Galtonia candicans
(Baker) Decne, Hyacinthus L., Ismene Herbert, Muscari
Miller, Narcissus L., Ornithogalum L., Puschkinia Adams,
Scilla L., Tulipa L., intended for planting, and seeds of
Medicago sativa L.
5. Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
Circulifer
their hybrids, other than fruit and seeds
haematoceps
6. Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
Circulifer tenellus
their hybrids, other than fruit and seeds
6.1. Eutetranychus
Plants of Citrus L., Fortunella Swingle, Poncirus Raf, and
orientalis Klein
their hybrids, other than fruit and seeds
6.2. Helicoverpa
Plants or Dendranthema (Dc.) Des Moul, Dianthus L.,
Pelargonium l’Hérit. ex Ail. and of the family Solanaceae,
armigera
(Hübner)
intended for planting, other than seeds
6.3. Parasaissetia
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
nigra (Nietner)
their hybrids, other than fruit and seeds
7. Plants of Araceae, Marantaceae, Musaceae, Persea spp.,
Radopholus
(Cobb)
Strelitziaceae, rooted or with growing medium attached or
similis
Thorne
associated
8. Cut flowers, leafy vegetables of Apium graveolens L. and
Liriomyza
plants of herbaceous species, intended for planting, other
huidobrensis
(Blanchard)
than
-
bulbs,
-
corms,
-
plants of the family Gramineae,
-
rhizomes,
-
seeds
9. Cut flowers, leafy vegetables of Apium graveolens L. and
Liriomyza trifolii
(Burgess)
plants of herbaceous species, intended for planting, other
than
-
bulbs,
-
corms,
-
plants of the family Gramineae,
-
rhizomes,
-
seeds
10. Paysandisia
Plants of Palmae, intended for planting, having a diameter of
the stem at the base of over 5 cm and belonging to the
archon
(Burmeister)
following genera: Brahea Mart., Butia Becc., Chamaerops
L., Jubaea Kunth, Livistona R Br., Phoenix L., Sabal Adans.,
Syagrus Mart., Trachycarpus H. Wendl, Trithrinax Mart.,
Washingtonia Raf
(b) Bacteria
Species
Subject of contamination
1. Seeds of Medicago sativa L.
Clavibacter
michiganensis
spp. insidiosus
(McCulloch)
Davis et al.
2. Plants of Solanum lycopersicum L., intended for planting
Clavibacter
michiganensis
spp.
michiganensis
(Smith) Davis et
al.
3. Plants of Amelanchier Med., Chaenomeles Lindl.,
Erwinia
Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya
amylovora
(Burr.) Winsl. et
Lindl., Malus Mill., Mespilus L., Photinia davidiana (Dcne.)
Cardot, Pyracantha Roem., Pyrus L. and Sorbus L., intended
al.
for planting, other than seeds
4. Plants of Dianthus L., intended for planting, other than seeds
Erwinia
chrysanthemi pv.
dianthicola
(Hellmers)
Dickey
5. Plants of Dianthus L., intended for planting, other than seeds
Pseudomonas
caryophylli
(Burkholder)
Starr and
Burkholder
6. Plants of Prunus persica (L.) Batsch and Prunus persica var.
Pseudomonas
syringae pv.
nectarina (Ait.) Maxim, intended for planting, other than
persicae (Prunier
seeds
et al.) Young et
al.
7. Seeds of Phaseolus L.
Xanthomonas
campestris pv.
phaseoli (Smith)
Dye
8. Plants of Prunus L., intended for planting, other than seeds
Xanthomonas
arboricola pv.
pruni (Smith)
Vauterin et al.
9. Plants of Solanum lycopersicum L. and Capsicum spp.,
Xanthomonas
campestris pv.
intended for planting
vesicatoria
(Doidge) Dye
10. Xanthomonas
Plants of Fragaria L., intended for planting, other than seeds
fragariae
Kennedy and
King
11. Xylophilus
Plants of Vitis L., other than fruit and seeds
ampelinus
(Panagopoulos)
Willems et al.
(c) Fungi
Species
Subject of contamination
3. Plants of Castanea Mill. and Quercus L., intended for
Cryphonectria
planting, other than seeds
parasitica
(Murrill) Barr
4. Plants of Dendranthema (DC.) Des Moul., intended for
Didymella
ligulicola (Baker,
planting, other than seeds
Dimock and
Davis) v. Arx
5. Plants of Dianthus L., intended for planting, other than seeds
Phialophora
cinerescens
(Wollenweber)
van Beyma
6. Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
Phoma
their hybrids, other than seeds
tracheiphila
(Petri)
Kanchaveli and
Gikashvili
7. Plants of Fragaria L., intended for planting, other than seeds
Phytophthora
fragariae
Hickmann var.
fragariae
8. Seeds of Helianthus annuus L.
Plasmopara
halstedii
(Farlow) Berl.
and de Toni
9. Plants of Dendranthema (DC.) Des Moul., intended for
Puccinia horiana
Hennings
planting, other than seeds
10. Scrirrhia pini
Plants of Pinus L., intended for planting, other than seeds
Funk and Parker
11. Verticillum albo-
Plants of Humulus lupulus L., intended for planting, other
atrum Reinke and
than seeds
Berthold
12. Verticillum
Plants of Humulus lupulus L., intended for planting, other
dahliae Klebahn
than seeds
(d) Viruses and virus-like organisms
Species
Subject of contamination
1. Arabis mosaic
Plants of Fragaria L. and Rubus L., intended for planting,
virus
other than seeds
2. Beet leaf curl
Plants of Beta vulgaris L., intended for planting, other than
virus
seeds
3. Chrysanthemum
Plants of Dendranthema (DC.) Des Moul., intended for
stunt viroid
planting other than seeds
4. Citrus tristeza
Plants of Citrus L., Fortunella Swingle, Poncirus Raf,, and
virus (European
their hybrids, other than fruit and seeds
isolates)
5. (Deleted by L.N. 334 of 2014)
6. Grapevine
Plants of Vitis L., other than fruit and seeds
flavescence
dorée MLO
7. Plum pox virus
Plants of Prunus L., intended for planting, other than seeds
7.1. Potato spindle
Plants for planting (including seeds) of Solanum
tuber viroid
lycopersicum L. and its hybrids, Capsicum annuum L.,
Capsicum frutescens L. and plants of Solanum tuberosum L.
8. Potato stolbur
Plants of Solanaceae, intended for planting, other than seeds
mycoplasm
9. Raspberry
Plants of Fragaria L. and Rubus L., intended for planting,
ringspot virus
other than seeds
10. Spiroplasma citri
Plants of Citrus L., Fortunella Swingle, Poncirus Raf., and
Saglio et al.
their hybrids, other than fruit and seeds
11. Strawberry
Plants of Fragaria L., intended for planting, other than seeds
crinkle virus
12. Strawberry latent
Plants of Fragaria L. and Rubus L., intended for planting,
ringspot virus
other than seeds
13. Strawberry mild
Plants of Fragaria L., intended for planting, other than seeds
yellow edge
virus
14. Tomato black
Plants of Fragaria L. and Rubus L., intended for planting,
ring virus
other than seeds
15. Tomato spotted
Plants of Apium graveolens L., Capsicum annuum L.,
wilt virus
Cucumis melo L., Dendranthema (DC.) Des Moul., all
varieties of New Guinea hybrids Impatiens, Lactuca sativa
L., Solanum lycopersicum L., Nicotiana tabacum L,, of
which there shall be evidence that they are intended for sale
to professional tobacco production. Solanum melongena L.
and Solanum tuberosum L., intended for planting, other than
seeds
16. Tomato yellow
Plants of Solanum lycopersicum L., intended for planting,
leaf curl virus
other than seeds
PART B
HARMFUL ORGANISMS WHOSE INTRODUCTION INTO, AND
WHOSE SPREAD WITHIN, CERTAIN PROTECTED ZONES
SHALL BE BANNED IF THEY ARE PRESENT ON CERTAIN
PLANTS OR PLANT PRODUCTS
(a)
Insect mites and nematodes, at all stages of their development
Species
Subject of contamination
Protected zone(s)
1. Seeds and fruits (bolls) of Gossypium
EL, E (Andalucia,
Anthonomus
spp. and unginned cotton
Catalonia,
grandis
(Boh.)
Extremadura,
Murcia, Valencia)
2. Plants of Larix Mill., intended for
IRL, UK (Northern
Cephalcia
planting, other than seeds
(Ireland, Isle of Man
lariciphila
(Klug)
and Jersey)
3. Plants of Abies Mill., Larix Mill.,
EL,
IRL,
UK
Picea A. Dietr,, Pinus L. and
(Northern Ireland,
Dendroctonu
Pseudotsuga Carr., over 3m in height,
Isle of Man and
s micans
Kugelan
other than fruit and seeds, wood of
Jersey)
conifers (Coniferales) with bark,
isolated bark of conifers
4. Plants of Picea A. Dietr., intended for
EL,
IRL,
UK
Gilphinia
planting, other than seeds
(Northern Ireland,
hercyniae
(Hartig)
Isle of Man and
Jersey)
5. Plants of Eucalyptus l'Herit., other than
EL, P (Azores)
Gonipterus
fruit and seeds
scutellatus
Gyll.
6. (a) Ips
Plants of Abies Mill., Larix Mill.,
EL, IRL, UK
Picea A. Dietr. and Pinus L., over 3m
amitinus
Eichhof
in height, other than fruit and seeds,
wood of conifers (Coniferales) with
bark, isolated bark of conifers
(b) Ips cembrae
Plants of Abies Mill., Larix Mill.,
EL,
IRL,
UK
Picea A. Dietr. and Pinus L. and
Heer
(Northern Ireland,
Pseudotsuga Carr., over 3m in height,
Isle of Man)
other than fruit and seeds, wood of
conifers (Coniferales) with bark,
isolated bark of conifers
(c) Ips
Plants of Abies Mill., Larix Mill.,
EL, IRL, UK
Picea A. Dietr. and Pinus L., over 3m
duplicatus
Sahlberg
in height, other than fruit and seeds,
wood of conifers (Coniferales) with
bark, isolated bark of conifers
(d) Ips
Plants of Abies Mill., Larix Mill.,
IRL,
CY,
UK
Picea A. Dietr and Pinus L., over 3m
(Northern Ireland,
sexdentatus
Börner
in height, other than fruit and seeds,
IsIe of Man)
wood of conifers (Coniferales) with
bark, isolated bark of conifers
(e) Ips
Plants of Abies Mill., Larix Mill.,
IRL, UK
Picea A. Dietr., Pinus L. and
typographus
Heer
Pseudotsuga Carr., over 3m in height,
other than fruit and seeds, wood of
conifers (Coniferales) with bark,
isolated bark of conifers
6.1. Paysandisia
IRL, MT, UK
archon
(Burmeister)
6.2. Rhynchop-
Plants of Palmae, intended for planting,
IRL, P (Azores), UK
having a diameter of the stem at the base
horus
of over 5 cm and belonging to the
ferrugineus
(Olivier)
following genera: Brahea Mart., Butia
Becc., Chamaerops L., Jubaea Kunth,
Livistona R. Br., Phoenix L., Sabal
Adans., Syagrus Mart., Trachycarpus H.
Wendl., Trithrinax Mart., Washingtonia
Raf.Plants of Palmae, intended for
planting, having a diameter of the stem
at the base of over 5 cm and belonging
to the following taxa: Areca catechu L.,
Arenga pinnata (Wurmb) Merr.,
Bismarckia Hildebr. & H. Wendl.,
Borassus flabellifer L., Brahea armata
S. Watson, Brahea edulis H. Wendl.,
Butia capitata (Mart.) Becc., Calamus
merrillii Becc., Caryota maxima Blume,
Caryota cumingii Lodd. ex Mart.,
Chamaerops humilis L., Cocos nucifera
L., Copernicia Mart., Corypha utan
Lam., Elaeis guineensis Jacq., Howea
forsteriana Becc., Jubaea chilensis
(Molina) Baill., Livistona australis C.
Martius, Livistona decora (W. Bull)
Dowe, Livistona rotundifolia (Lam.)
Mart., Metroxylon sagu Rottb., Phoenix
Chabaud,
canariensis
Phoenix
dactylifera L., Phoenix reclinata Jacq.,
Phoenix roebelenii O'Brien, Phoenix
(L.)
Roxb.,
sylvestris
Phoenix
theophrasti Greuter, Pritchardia Seem.
& H. Wendl., Ravenea rivularis Jum. &
H. Perrier, Roystonea regia (Kunth) O.
F. Cook, Sabal palmetto (Walter) Lodd.
ex Schult. & Schult. f., Syagrus
(Cham.)
Glassman,
romanzoffiana
Trachycarpus fortunei (Hook.) H.
Wendl. and Washingtonia Raf.
8. (Deleted by Legal Notice 270 of 2008)
9. Seeds of Mangifera spp. originating in
E (Granada and
third countries
Malaga),
P
Sternochetu
(Alentejo, Algarve
s
and Madeira)
mangiferae
Fabricus
10. Plants of Cedrus Trew and
UK
Thaumetopo
Pinus L., intended for planting, other
ea
than fruit and seeds
pityocampa
Denis &
Schiffermüll
er
(b)
Bacteria
Species
Subject of
Protected zone(s)
contamination
1. Seeds
of
EL, E
Curtobacteri
Phaseolus
L.
um
vulgaris
and Dolichos
flaccumfacie
ns pv.
Jacq.
flaccumfacie
ns (Hedges)
Collins and
Jones
2. Parts
of
E (except the autonomous communities of
Erwinia
plants, other
Andalucia, Aragón, Castilla la Mancha, Castilla
amylovora
than
fruit,
y León, Extremadura, the autonomous
(Burr.)
Winsl. et al.
seeds
and
community of Madrid, Murcia, Navarra and La
plants
Rioja, the province of Guipuzcoa (Basque
intended for
Country), the Comarcas of Garrigues, Noguera,
planting, but
Pla d'Urgell, Segrià and Urgell in the province of
including live
Lleida (Communidad autonoma de Catalunya),
pollen
for
the Comarcas de L'Alt Vinalopó and El
pollination of
Vinalopó Mitjà in the province of Alicante and
the municipalities of Alborache and Turís in the
Amelanchier
Med..
province of Valencia (Comunidad Valenciana)),
EE, F (Corsica), IRL (except Galway city), I
Chaenomeles
Lindl.
(Abruzzo,
Apulia,
Basilicata,
Calabria,
Campania, Lazio, Liguria, Lombardy (except the
Cotoneaster
Ehrh.,
provinces of Mantua, Milano, Sondrio and
Crataegus L.,
Varese, and the communes of Bovisio Masciago,
Cesano Maderno, Desio, Limbiate, Nova
Cydonia
Mill.,
Milanese and Varedo in Monza Brianza
Province), Marche, Molise, Piedmont (except
Eriobotrya
Lindl., Malus
the communes of Busca, Centallo, Scarnafigi,
Mill.,
Tarantasca and Villafalletto in the province of
Mespilus L.,
Cuneo), Sardinia, Sicily (excluding the
municipalities of Cesarò (Messina Province),
Photinia
Maniace, Bronte, Adrano (Catania Province)
davidiana
(Dcne.)
and Centuripe, Regalbuto and Troina (Enna
Cardot,
Province)), Tuscany, Umbria, Valle d'Aosta,
Veneto (except the provinces of Rovigo and
Pyracantha
Roem., Pyrus
Venice, the communes of Barbona, Boara
L. and Sorbus
Pisani, Castelbaldo, Masi, Piacenza d'Adige, S.
L.
Urbano and, Vescovana in the province of
Padova and the area situated to the south of
highway A4 in the province of Verona)), LV, LT
(except the municipalities of Babtai and
Kėdainiai (region of Kaunas)), P, SI (except the
regions Gorenjska, Koroška, Maribor and
Notranjska, the communes of Lendava, Renče-
Vogrsko (south from the highway H4) and
Velika Polana, and the settlements Fużina,
Gabrovčec, Glogovica, Gorenja vas, Gradiček,
Grintovec, Ivančna Gorica, Krka, Krška vas,
Male Lese, Malo Črnelo, Malo Globoko,
Marinča vas, Mleščevo, Mrzlo Polje, Muljava,
Podbukovje, Potok pri Muljavi, Šentvid pri
Stični, Škrjanče, Trebnja Gorica, Velike Lese,
Veliko Črnelo, Veliko Globoko, Vir pri Stični,
Vrhpolje pri Šentvidu, Zagradec and Znojile pri
Krki in the commune Ivančna Gorica), SK
(except the county of Dunajská Streda,
Hronovce and Hronské Kľačany (Levice
County), Dvory nad Žitavou (Nové Zámky
County), Málinec (Poltár County), Hrhov
(Rožňava County), Veľké Ripňany (Topoľčany
County), Kazimír, Luhyňa, Malý Horeš, Svätuše
and Zatín (Trebišov County)), FI, UK (Isle of
Man and Channel Islands)
3. Plants
of
UK
Xanthomonas
L.,
arboricola
Prunus
pv. pruni
intended for
(Smith)
planting,
Vauterin et
other
than
seeds
al.
(c)
Fungi
Species
Subject of contamination
Protected zone(s)
0.0.1.Ceratocystis
Plants of Platanus L., intended for IRL, UK
platani (J. M.
planting, other than seeds, and wood of
Walter)
Platanus L., including wood which has
Engelbr. & T.
not kept its natural round surface
C. Harr.
0.1.
Wood, excluding wood which is bark- CZ, IRL, S, UK
Cryphonectri
free, isolated bark, and plants intended
a parasitica
for planting of Castanea Mill. and
(Murrill.)
plants intended for planting, other than
Barr.
seeds, of Quercus L..
1. Seeds and fruits (bolls) of Gossypium EL
Glomerella
gossypii
spp.
Edgerton
2. Gremmeniella Plants of Abies Mill., Larix Mill., IRL,
abietina
Picea A. Dietr., Pinus L. and
(Lag.)
Pseudotsuga Carr., intended for
Morelet
planting, other than seeds
3. Plants of Populus L., intended for IRL, UK
(Northern
Hypoxylon
mammatum
planting, other than seeds
Ireland)
(Wahl.) J.
Miller
(d)
Virus and virus-like organisms
Species
Subject of contamination
Protected zone(s)
01. Candidatus Plants of Ulmus L., intended for
UK
Phytoplasma planting, other than seeds
ulmi’
1. Citrus
Fruits of Citrus L., Fortunella Swingle,
EL (except the
tristeza virus Poncirus Raf., and their hybrids, with
Regional Units of
(European
Argolida,
Arta,
leaves and peduncles
isolates)
Chania and Lakonia),
MT,
P
(except
Algarve, Madeira and
the county of Odemira
in Alentejo)
2. Grapevine
Plants of Vitis L., other than fruit and
CZ,
FR
(Alsace,
flavescence
Champagne-Ardenne,
seeds.
dorée MLO
Picardie (département
de l'Aisne), Ile de
France (communes de
Citry,
Nanteuil-sur-
Marne et Saâcy-sur-
Marne) and Lorraine),
I (Apulia, Basilicata
and Sardinia)
Growing medium,
Official statement that
attached to or associated
(a) the growing medium, at the time of planting of the
with plants, intended to
associated plants
sustain the vitality of the
(i) was free from soil and organic matter and not
plants, with the exception
previously used for growing plants or for any
of sterile medium of in-
agricultural purposes,
vitro plants, originating in
or
third countries other than
(ii) was composed entirely of peat or fibre of Cocos
Switzerland.
nucifera L. and not previously used for growing
plants or for any agricultural purposes
or
(iii) was subjected to effective treatment to ensure
freedom from harmful organisms and the treatment
data should be indicated on the certificates referred
to in Article 13(1)(ii) of Directive 2000/29/EC
under the rubric ‘Additional declaration’
and
in all the above cases was stored and maintained
under appropriate conditions to keep freedom
from harmful organisms
and
(b) since planting
(i)appropriate measures have been taken to ensure
that the growing medium has been kept free from
harmful organisms, including at least
— physical isolation of the growing medium from soil
and other possible sources of contamination
— hygiene measures
— using water free from harmful organisms or
(ii)within two weeks prior to export the growing
medium including, where appropriate, soil has been
completely removed by washing using water free
from harmful organisms. Replanting may be
performed in the growing medium that shall meet
the requirements laid down in point (a).
Appropriate conditions shall be maintained to keep
freedom from harmful organisms as stipulated in
point (b).
34.1.Bulbs, corms, rhizomes
Without prejudice to the provisions applicable in
and tubers, intended for
Schedule IV(A)(I)(30), official statement that the
planting, other than tubers
consignment or lot shall not contain more than 1 %
of Solanum tuberosum,
by net weight of soil and growing medium.
originating in third
countries other than
Switzerland
34.2.Tubers of Solanum
Without the prejudice to provisions applicable in
tuberosum originating in
Schedule III(A)(10), (11) and (12) and Schedule
third countries other than
IV(A)(I) (25.1.), (25.2.), (25.3.), (25.4.1.) and
Switzerland
(25.4.2.), official statement that the consignment or
lot shall not contain more than 1 % by net weight of
soil and growing medium.
34.3.Root and tubercle
Without the prejudice to provisions applicable in
vegetables originating in
Schedule III(A)(10), (11) and (12), official
third countries other than
statement that the consignment or lot shall not
Switzerland
contain more than 1 % by net weight of soil and
growing medium.
34.4. Machinery and vehicles
Without prejudice to the provisions applicable in
which have been operated
Schedule IV(B)(30), official statement that
machinery or vehicles are cleaned and free from
for agricultural or forestry
purposes, imported from
soil and plant debris.
third countries other than
Switzerland
1.Plants of Beta vulgaris
Official statement that no symptoms of Beet curly top
L., intended for planting,
virus (non-European isolates) have been observed at
other than seeds
the place of production since the beginning of the last
complete cycle of vegetation.
35.2.Plants of Beta vulgaris
Without prejudice to the requirements applicable to the
L., intended for planting,
plants listed in Schedule IV(A)(I)(35.1), official
other than seeds,
statement that
originating in countries
(a) Beet leaf curl virus has not been known to occur in
where Beet leaf curl virus
the area of production; and
is known to occur
(b) no symptoms of Beet leaf curl virus have been
observed at the place of production or in its
immediate vicinity since the beginning of the last
complete cycle of vegetation.
1.Plants, intended for
Without prejudice to the requirements applicable to the
planting, other than
plants listed in Schedule IV, Part A, Section I(27.1),
(27.2), (28), (29), (31), (32.1) and (32.3), official
-
bulbs,
statement that the plants have been grown in nurseries
-
corms,
and
-
rhizomes,
(a) originate in an area, established in the country of
-
seeds,
export by the national plant protection service in
-
tubers,
that country, as being free from Thrips palmi Karny
in accordance with relevant International Standards
originating in third countries
for Phytosanitary Measures, and which is
mentioned on the certificates referred to in these
regulations, or
(b) originate in a place of production, established in the
country of export by the national plant protection
service in that country, as being free from Thrips
palmi Karny in accordance with relevant
International
Standards
for
Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations, and
declared free from Thrips palmi Karny on official
inspections carried out at least monthly during the
three months prior to export, or
(c) immediately prior to export, have been subjected to
an appropriate treatment against Thrips palmi
Karny and have been officially inspected and found
free from Thrips palmi Karny. Details of the
treatment shall be mentioned on the certificates
referred to in these regulations, or
(d) originate from plant material (explant) which is free
from Thrips palmi Karny; are grown in vitro in a
sterile medium under sterile conditions that
preclude the possibility of infestation with Thrips
palmi Karny; and are shipped in transparent
containers under sterile conditions.
36.2.Cut flowers of
Official statement that the cut flowers and the fruits
Orchidaceae fruits of
- originate in a country free from Thrips palmi
Momordica L. and
Karny, or
Solanum melongena L.,
- immediately prior to export, have been officially
originating in third
inspected and found free from Thrips palmi Karny.
countries
36.3.Fruits of Capsicum L.
Official statement that the fruits
originating in Belize, Costa
(a) originate in an area free from Anthonomus eugenii
Rica, Dominican Republic,
Cano, established by the national plant protection
El Salvador, Guatemala,
organisation in accordance with relevant
Honduras, Jamaica,
International
Standards
for
Phytosanitary
Mexico, Nicaragua,
Measures, and which is mentioned on the
Panama, Puerto Rico, USA
certificates referred to in these regulations under
and French Polynesia
the rubric ‘Additional declaration’, or
where Anthonomus eugenii
(b) originate in a place of production, established in the
Cano is known to occur
country of export by the national plant protection
organisation in that country, as being free from
Anthonomus eugenii Cano, in accordance with
relevant International Standards for Phytosanitary
Measures, and which is mentioned on the
certificates referred to in these regulations under
the rubric ‘Additional declaration’, and declared
free from Anthonomus eugenii Cano on official
inspections carried out at least monthly during the
two months prior to export, at the place of
production and its immediate vicinity.
Plants of Palmae intended
Without prejudice to the prohibitions applicable to the
for planting other than
plants listed in Schedule III(A)(17), where appropriate,
seeds, originating in non-
official statement that
European countries
(a) either the plants originate in an area known to be
free from Palm lethal yellowing mycoplasm and
Cadang-Cadang viroid, and no symptoms have
been observed at the place of production or in its
immediate vicinity since the beginning of the last
complete cycle of vegetation, or
(b) no symptoms of Palm lethal yellowing mycoplasm
and Cadang-Cadang viroid have been observed on
the plants since the beginning of the last complete
cycle of vegetation, and plants at the place of
production which have shown symptoms giving
rise to the suspicion of contamination by the
organisms have been rogued out at that place and
the plants have undergone appropriate treatment to
rid them of Myndus crudus Van Duzee;
(c) in the case of plants in tissue culture, the plants
were derived from plants which have met the
requirements laid down in (a) or (b)
37.1.Plants of Palmae,
Without prejudice to the prohibitions applicable to the
intended for planting,
plants listed in Schedule III(A)(17) and the
having a diameter of the
requirements listed in Schedule IV(A)(I)(37) official
stem at the base of over 5
statement that the plants
cm and belonging to the
(a) have been grown throughout their life in a country
following genera: Brahea
where Paysandisia archon (Burmeister) is not
Mart., Butia Becc.,
known to occur; or
Chamaerops L., Jubaea
(b) have been grown throughout their life in an area
Kunth, Livistona R. Br.,
free from Paysandisia archon (Burmeister),
Phoenix L., Sabal Adans.,
established by the national plant protection
Syagrus Mart.,
organisation in accordance with relevant
Trachycarpus H. Wendl.,
International
Standards
for
Phytosanitary
Trithrinax Mart.,
Measures; or
Washingtonia Raf.
(c) have, during a period of at least two years prior to
export, been grown in a place of production
- which is registered and supervised by the national
plant protection organisation in the country of
origin, and
- where the plants were placed in a site with complete
physical protection against the introduction of
Paysandisia archon (Burmeister) or with
application of appropriate preventive treatments,
and
- where, during three official inspections per year
carried out at appropriate times, including
immediately prior to export, no signs of
Paysandisia archon (Burmeister) have been
observed.
1.(Deleted by L.N. 334 of 2014)
38.2.Plants of Fuchsia L.,
Official statement that no symptoms of Aculops
intended for planting, other
fuchsiae Keifer have been observed at the place of
than seeds, originating in
production and that immediately prior to export the
the USA or Brazil
plants have been inspected and found free from
Aculops fuchsiae Keifer.
Trees and shrubs, intended
Without prejudice to the provisions applicable to the
for planting, other than
plants listed in Schedule III(a)(1), (2), (3), (9), (13),
seeds and plants in tissue
(15), (16), (17), (18), Schedule III(B)(1) and Schedule
culture, originating in third
IV(A)(I)(8.1), (8.2), (9), (10), (11.1), (11.2), (12),
countries other than
(13.1),(13.2), (14), (15), (17), (18), (19.1), (19.2), (20),
European and
(22.1), (22.2), (23.1), (23.2), (24), (25.5), (25.6), (26),
Mediterranean countries
(27.1), (27.2), (28), (29), (32.1), (32.2), (33), (34),
(36.1), (36.2), (37), (38.1) and (38.2), where
appropriate, official statement that the plants
- are clean (i.e. free from plant debris) and free from
flowers and fruits,
- have been grown in nurseries,
- have been inspected at appropriate times and prior
to export and found free from symptoms of harmful
bacteria, viruses and virus-like organisms, and
either found free from signs or symptoms of
harmful nematodes, insects, mites and fungi, or
have been subjected to appropriate treatment to
eliminate such organisms.
Deciduous trees and
Without prejudice to the provisions applicable to the
shrubs, intended for
plants listed in Schedule III(A)(2), (3), (9), (15), (16),
planting, other than seeds
(17), and (18), Schedule III(B)(1) and Schedule
and plants in tissue culture,
IV(A)(I)(11.1), (11.2), (11.3), (12), (13.1), (13.2), (14),
originating in third
(15), (17), (18), (19.1), (19.2), (20), (22.1), (22.2),
countries other than
(23.1), (23.2), (24), (33), (36.1), (38.1), (38.2), (39) and
European and
(45.1) where appropriate, official statement that the
Mediterranean countries
plants are dormant and free from leaves.
Annual and biennial plants,
Without prejudice to the provisions applicable to the
other than Gramineae,
plants, where appropriate, listed in Schedule III(A)(11),
intended for planting, other
(13), and Schedule IV(A)(I)(25.5), (25.6), (32.1),
than seeds, originating in
(32.2), (32.3), (33), (34), (35.1) and (35.2), official
countries other than
statement that the plants
European and
- have been grown in nurseries,
Mediterranean countries
- are free from plant debris, flowers and fruits,
- have been inspected at appropriate times and prior
to export,
- found free from symptoms of harmful bacteria,
viruses and virus-like organisms, and
- either found free from signs or symptoms of
harmful nematodes, insects, mites and fungi, or
have been subjected to appropriate treatment to
eliminate such organisms.
Plants of the family
Without prejudice to the requirements applicable to the
Gramineae of ornamental
plants, where appropriate, listed in Schedule
perennial grasses of the
IV(A)(I)(33) and (34), official statement that the plants
subfamilies
- have been grown in nurseries,
Bambusoideae,
- are free from plant debris, flowers and fruits, and
Panicoideae, and of the
- have been inspected and prior to export, and
genera Buchloe, Bouteloua
- found free from symptoms of harmful bacteria,
Lag., Calamagrostis,
viruses and virus-like organisms, and
Cortaderia Stapf.,
- either found free from signs or symptoms of
Glyceria R. Br.,
harmful nematodes, insects, mites and fungi, or
Hakonechloa Mak. ex
have been subjected to appropriate treatment to
Honda, Hystrix, Molinia,
eliminate such organisms.
Phalaris L., Shibataea,
Spartina Schreb, Stipa L.,
and Uniola L., intended for
planting, other than seeds,
originating in countries
other than European and
Mediterranean countries
Naturally or artificially
Without prejudice to the provisions applicable to the
dwarfed plants intended
plants listed in Schedule III(A)(1), (2), (3), (9), (13),
for planting, other than
(15), (16), (17), (18), Schedule III(B)(1) and Schedule
seeds, originating in non-
IV(A)(I)(8.1), (9), (10), (11.1), (11.2), (12), (13.1),
European countries
(13.2), (14), (15), (17), (18), (19.1), (19.2), (20), (22.1),
(22.2), (23.1), (23.2), (24), (25.5), (25.6), (26), (27.1),
(27.2), (28), (32.1), (32.2), (33), (34), (36.1), (36.2),
(37), (38.1), (38.2), (39) (40) and (42) where
appropriate, official statement that
(a) the plants, including those collected directly from
natural habitats, shall have been grown, held and
trained for at least two consecutive years prior to
dispatch in officially registered nurseries, which are
subject to an officially supervised control regime,
(b) the plants on the nurseries referred to in (a) shall
(aa)at least during the period referred to in (a)
-
be potted, in pots which are placed on shelves at
least 50 cm above ground,
-
have been subjected to appropriate treatments to
ensure freedom from non-European rusts; the
active ingredient, concentration and date of
application of these treatments shall be
mentioned on the phytosanitary certificate
provided for in these regulations under the rubric
"disinfection and/or disinfestation treatment",
-
have been officially inspected at least six times a
year at appropriate intervals for the presence of
harmful organisms of concern, which are those in
the Schedules to these regulations. These
inspections, which shall also be carried out on
plants in the immediate vicinity of the nurseries
referred to in (a), shall be carried out at least by
visual examination of each row in the field or
nursery and by visual examination of all parts of
the plant above the growing medium, using a
random sample of at least 300 plants from a
given genus where the number of plants of that
genus is not more than 3 000 plants, or 10% of
the plants if there are more than 3 000 plants
from that genus,
-
have been found free, in these inspections, from
the relevant harmful organisms of concern as
specified in the previous indent. Infested plants
shall be removed. The remaining plants, where
appropriate, shall be effectively treated, and in
addition shall be held for an appropriate period
and inspected to ensure freedom from such
harmful organisms of concern,
-
have been planted in either an unused artificial
growing medium or in a natural growing
medium, which has been treated by fumigation or
by appropriate heat treatment and has been freed
of any harmful organisms,
-
have been kept under conditions which ensure
that the growing medium has been maintained
free from harmful organisms and within two
weeks prior to dispatch, have been
-
shaken and washed with clean water to remove
the original growing medium and kept bare
rooted, or
-
shaken and washed with clean water to remove
the original growing medium and replanted in
growing medium which meets the conditions laid
down in (aa) fifth indent, or
-
subjected to appropriate treatments to ensure that
the growing medium is free from harmful
organisms, the active ingredient, concentration
and date of application of these treatments shall
be mentioned on the phytosanitary certificate
provided for in these regulations under the rubric
"disinfestation and/or disinfection treatment",
(bb) be packed in closed containers which have
been officially sealed and bear the registration
number of the registered nursery; this number shall
also be indicated under the rubric "additional
declaration" on the phytosanitary certificate
provided for in these regulations, enabling the
consignments to be identified.
Herbaceous perennial
Without prejudice to the requirements applicable to
plants, intended for
plants, where appropriate, listed in Schedule
planting, other than seeds,
IV(A)(I)(32.1), (32.2), (32.3), (33) and (34), official
of the families
statement that the plants
Caryophyllaceae (except
- have been grown in nurseries, and
Dianthus L.), Compositae
- are free from plant debris, flowers and fruits, and
(except Dendranthema
- have been inspected at appropriate times and prior
(DC,) Des Moul.),
to export, and
Cruciferae, Leguminosae
- found free from symptoms of harmful bacteria,
and Rosaceae (except
viruses and virus-like organisms, and
Fragaria L.) originating in
- either found free from signs or symptoms of
third countries other than
harmful nematodes, insects, mites and fungi, or
European and
have been subjected to appropriate treatment to
Mediterranean countries
eliminate such organisms.
1.Plants of herbaceous
Without prejudice to the requirements applicable to the
species and plants of Ficus
plants in Schedule IV, Part A, Section I(27.1), (27.2),
L. and Hibiscus L.,
(28), (29), (32.1), (32.3) and (36.1), official statement
intended for planting, other
that the plants
than bulbs, corms,
(a) originate in an area, established in the country of
rhizomes, seeds and tubers,
export by the national plant protection service in
originating in non-
that country, as being free from Bemisia tabaci
European countries
Genn. (non-European populations) in accordance
with relevant International Standards for
Phytosanitary Measures, and which is mentioned
on the certificates referred to in these regulations
under the rubric "Additional declaration", or
(b) originate in a place of production, established in the
country of export by the national plant protection
service in that country, as being free from Bemisia
tabaci Genn. (non-European populations) in
accordance with relevant International Standards
for Phytosanitary Measures, and which is
mentioned on the certificates referred to in these
regulations under the rubric "Additional
declaration", and declared free from Bemisia tabaci
Genn. (non-European populations) on official
inspections carried out at least once each three
weeks during the nine weeks prior to export, or
(c) in cases where Bemisia tabaci Genn. (non-
European populations) has been found at the place
of production, are held or produced in this place of
production and have undergone an appropriate
treatment to ensure freedom from Bemisia tabaci
Genn.
(non-European
populations)
and
subsequently this place of production shall have
been found free from Bemisia tabaci Genn. (non-
European populations) as a consequence of the
implementation of appropriate procedures aiming
at eradicating Bemisia tabaci Genn. (non-European
populations), in both official inspections carried out
weekly during the nine weeks prior to export and in
monitoring procedures throughout the said period.
Details of the treatment shall be mentioned on the
certificates referred to in these regulations, or
(d) originate from plant material (explant) which is free
from Bemisia tabaci Genn. (non-European
populations); are grown in vitro in a sterile medium
under sterile conditions that preclude the possibility
of infestation with Bemisia tabaci Genn. (non-
European populations); and are shipped in
transparent containers under sterile conditions.
45.2.Cut flowers of Aster spp.,
Official statement that the cut flowers and leafy
Eryngium L., Gypsophila
vegetables
L., Hypericum L.,
- originate in a country free from Bemisia tabaci
Lisianthus L., Rosa L.,
Genn. (non-European populations), or
Solidago L., Trachelium
- immediately prior to export, have been officially
L., and leafy vegetables of
inspected and found free from Bemisia tabaci
Ocimum L., originating in
Genn. (non-European populations).
non-European countries
45.3.Plants of Solanum
Without prejudice to the requirements applicable to
lycopersicum L., intended
plants listed in Schedule IV, Part A, Section I(25.5),
for planting, other than
(25.6) and (25.7), where appropriate
seeds, originating in
Official statement that no symptoms of Tomato yellow
countries where Tomato
leaf curl virus have been observed on the plants
yellow leaf curl virus is
Official statement that
known to occur
(a) no symptoms of Tomato yellow leaf curl virus have
been observed on the plants, and
(a) where Bemisia tabaci
(aa)the plants originate in areas known to be free
Genn. is not known to
from Bemisia tabaci Genn., or
occur
(bb)the place of production has been found free
from Bemisia tabaci Genn. on official
(b) where Bemisia tabaci
inspections carried out at least monthly
Genn. is known to occur
during the three months prior to export; or
(b) no symptoms of Tomato yellow leaf curl virus have
been observed on the place of production and the
place of production has been subjected to an
appropriate treatment and monitoring regime to
ensure freedom from Bemisia tabaci Genn.
Plants intended for
Without prejudice to the requirements applicable to
planting, other than seeds,
plants listed in Schedule III(A)(13) and Schedule
bulbs, tubers, corms, and
IV(A)(I)(25.5), (25.6), (32.1), (32.2), (32.3), (35.1),
rhizomes, originating in
(35.2), (44), (45.1), (45.2) and (45.3), where
countries where the
appropriate
relevant harmful organisms
Official statement that no symptoms of the relevant
are known to occur.
harmful organisms have been observed on the plants
during their complete cycle of vegetation
The relevant harmful
Official statement that no symptoms of the relevant
organisms are
harmful organisms have been observed on the plants
during an adequate period, and
-
Bean golden mosaic virus,
(a) the plants originate in areas known to be free from
-
Cowpea mild mottle virus,
Bemisia tabaci Genn. and other vectors of the
-
Lettuce infectious yellow
relevant harmful organisms; or
virus
(b) the place of production has been found free from
-
Pepper mild tigré virus,
Bemisia tabaci Genn. and other vectors of the
-
Squash leaf curl virus,
relevant harmful organisms on official inspections
-
other viruses transmitted
carried out at appropriate times; or
by Bemisia tabaci Genn.
(c) the plants have been subjected to an appropriate
(a) where Bemisia tabaci
treatment aimed at eradicating Bemisia tabaci
Genn. (non-European
Genn, or
populations) or other
(d) the plants originate from plant material (explant)
vectors of the relevant
which is free from Bemisia tabaci Genn. (non-
harmful organisms are not
European populations) and which did not show any
known to occur
symptoms of the relevant harmful organisms; are
grown in vitro in a sterile medium under sterile
(b) where Bemisia tabaci
conditions that preclude the possibility of
Genn. (non-European
infestation with Bemisia tabaci Genn. (non-
population) or other
European populations); and are shipped in
vectors of the relevant
transparent containers under sterile conditions.
harmful organisms are
known to occur
Seeds of Helianthus
Official statement that
annuus L.
(a) the seeds originate in areas known to be free from
Plasmopara halstedii (Farlow) Berl. and de Toni;
or
(b) the seeds, other than those seeds that have been
produced on varieties resistant to all races of
Plasmopara halstedii (Farlow) Berl. and de Toni
present in the area of production, have been
subjected to an appropriate treatment against
Plasmopara halstedii (Farlow) Berl. and de Toni.
48.Seeds of Solanum
Official statement that the seeds have been obtained by
lycopersicum L.
means of an appropriate acid extraction method or an
equivalent method approved in accordance with the
procedure laid down in Article 18(2) of Directive 2000/
29, and
(a) either the seeds originate in areas where
Clavibacter michiganensis ssp. michiganensis
(Smith) Davis et al., Xanthomonas campestris pv.
vesicatoria (Doidge) Dye and Potato spindle tuber
viroid are not known to occur; or
(b) no symptoms of diseases caused by those harmful
organisms have been observed on the plants at the
place of production during their complete cycle of
vegetation, or
(c) the seeds have been subjected to official testing for
at least those harmful organisms, on a
representative sample and using appropriate
methods, and have been found, in these tests, free
from those harmful organisms.
1.Seeds of Medicago sativa
Official statement that
L.
(a) no symptoms Ditylenchus dipsaci (Kühn) Filipjev
have been observed at the place of production since
the beginning of the last complete cycle of
vegetation and no Ditylenchus dipsaci (Kühn) has
been revealed by laboratory tests on a
representative sample; or
(b) fumigation has taken place prior to export; or
(c) the seeds have been subjected to an appropriate
physical treatment against Ditylenchus dipsaci
(Kühn) Filipjev and have been found to be free of
this harmful organism after laboratory tests on a
representative sample.
49.2.Seeds of Medicago sativa
Without prejudice to the requirements applicable to
L., originating in countries
plants listed in Schedule IV(A)(I)(49.1), official
where Clavibacter
statement that
michiganensis ssp.
(a) Clavibacter michiganensis ssp., insidiosus Davis et
insidiosus Davis et al. is
al. has not been known to occur on the farm or in
known to occur
the immediate vicinity since the beginning of the
past 10 years;
(b) either
-
the crop belongs to a variety recognised as
being highly resistant to Clavibacter
michiganensis ssp., insidiosus Davis et al.,
or
-
it had not yet started its fourth complete
cycle of vegetation from sowing when the
seed was harvested and there was not more
than one preceding seed harvest from the
crop, or
-
the content of inert matter which has been
determined in accordance with the rules
applicable for the certification of seed
marketed in the Community, does not exceed
0.1% by weight;
(c) no symptoms of Clavibacter michiganensis ssp.,
insidiosus Davis et al. have been observed at the
place of production, or on any Medicago sativa L.
crop adjacent to it, during the last complete cycle of
vegetation or, where appropriate, the last two
cycles of vegetation;
(d) the crop has been grown on land on which no
previous Medicago sativa L. crop has been present
during the last three years prior to sowing.
Seeds of Oryza sativa L.
Official statement that
(a) the seeds have been officially tested by appropriate
nematological tests and have been found free from
Aphelenchoides besseyi Christie; or
(b) the seeds have been subjected to an appropriate hot
water treatment or other appropriate treatment
against Aphelenchoides besseyi Christie.
Seeds of Phaseolus L.
Official statement that
(a) the seeds originate in areas known to be free from
Xanthomonas campestris pv. phaseoli (Smith) Dye;
or
(b) a representative sample of the seeds has been tested
and found free from Xanthomonas campestris pv.
phaseoli (Smith) Dye in these tests.
Seeds of Zea mays L.
Official statement that
(a) the seeds originate in areas known to be free from
Erwinia stewartii (Smith) Dye; or
(b) a representative sample of the seeds has been tested
and found free from Erwinia stewartii (Smith) Dye
in this test.
Seeds of the genera
Official statement that the seeds originate in an area
Triticum, Secale and X
where Tilletia indica Mitra is known not to occur. The
Triticosecale from
name of the area shall be mentioned on the
Afghanistan, India, Iran,
phytosanitary certificate provided for in Article 7.
Iraq, Mexico, Nepal,
Pakistan, South Africa and
the USA where Tilletia
indica Mitra is known to
occur
Grain of the genera
Official statement that either
Triticum, Secale and X
(a) the grain originates in an area where Tilletia indica
Triticosecale from
Mitra is known not to occur. The name of the area
Afghanistan, India, Iran,
or areas shall be mentioned on the phytosanitary
Iraq, Mexico, Nepal,
certificate provided for in these regulations under
Pakistan, South Africa and
the rubric ‘place of origin’; or
the USA where Tilletia
(b) no symptoms of Tilletia indica Mitra have been
observed on the plants at the place of production
indica Mitra is known to
occur
during their last complete cycle of vegetation and
representative samples of the grain have been taken
both at the time of harvest and before shipment and
have been tested and found free from Tilletia indica
Mitra in these tests; the latter shall be mentioned on
the phytosanitary certificate provided for in Article
7, in the rubric "name of produce" as "tested and
found free from Tilletia indica Mitra
PLANT QUARANTINE (HARMFUL ORGANISMS)
PART A
SPECIAL REQUIREMENTS WHICH MUST BE FOLLOWED FOR
THE INTRODUCTION AND MOVEMENT OF PLANTS, PLANT
PRODUCTS AND OTHER OBJECTS INTO, AND WITHIN, MALTA
Section II
PLANTS, PLANT PRODUCTS AND OTHER OBJECTS
ORIGINATING
IN THE COMMUNITY
Plants, plant products and
Special requirements
other objects
1. (Deleted by L.N. 55 of 2005)
2. Wood of Platanus L.,
(a) Official statement that
including wood which has
(a)
the wood originates in areas known to be
not kept its natural round
free from Ceratocystis platani (J. M.
surface.
Walter) Engelbr. & T. C. Harr., or
(b)
there shall be evidence by a mark ‘kiln-
dried’, ‘KD’ or another internationally
recognised mark, put on the wood or on its
packaging in accordance with current
commercial usage, that it has undergone
kiln-drying to below 20% moisture content,
expressed as a percentage of dry matter, at
time of manufacture, achieved through an
appropriate time/temperature schedule.
Official statement that the wood
2.1. Whether or not listed
among the CN codes in Part
originates in an area known to be free from
A of Schedule V, wood of
Geosmithia morbida Kolarík, Freeland, Utley &
Juglans L. and Pterocarya
Kunth, other than in the
Tisserat and its vector Pityophthorus juglandis
form of
Blackman, established by the competent authorities in
accordance with relevant International Standards for
-
chips, particles, sawdust,
shavings, wood waste and Phytosanitary Measures,
scrap obtained in whole or or
part from these plants,
has undergone an appropriate heat treatment to
wood packaging material, achieve a minimum temperature of 56 °C for a
-
minimum duration of 40 continuous minutes
in the form of packing
cases, boxes, crates, drums throughout the entire profile of the wood. There shall
and similar packings,
be evidence thereof by a mark ‘HT’ put on the wood
pallets, box pallets and
or on any wrapping in accordance with current usage,
other load boards, pallet
or
collars, dunnage, whether
has been squared to entirely remove the natural
or not actually in use in the
rounded surface.
transport of objects of all
kinds, except dunnage
supporting consignments of
wood, which is constructed
from wood of the same type
and quality as the wood in
the consignment and which
meets the same Union
phytosanitary requirements
as the wood in the
consignment,
but including that which has not
kept its natural round surface.
Official statement that the wood or isolated bark
2.2. Whether or not listed
originates in an area free from Geosmithia morbida
among the CN codes in Part
A Schedule V, isolated bark
Kolarík, Freeland, Utley & Tisserat and its vector
and wood of Juglans L. and
Pityophthorus juglandis Blackman, established by the
Pterocarya Kunth, in the
the competent authorities in accordance with relevant
form of
International Standards for Phytosanitary Measures,
-
chips, particles, sawdust,
or
shavings, wood waste and
has undergone an appropriate heat treatment to
scrap obtained in whole or
achieve a minimum temperature of 56 °C for a
part from these plants
minimum duration of 40 continuous minutes
throughout the entire profile of the bark or the wood.
There shall be evidence thereof by a mark ‘HT’ put on
any wrapping in accordance with current usage.
The wood packaging material shall
2.3. Wood packaging material,
in the form of packing
originate in an area, free from Geosmithia morbida
cases, boxes, crates, drums
Kolarík, Freeland, Utley & Tisserat and its vector
and similar packings,
pallets, box pallets and
Pityophthorus juglandis Blackman, established by the
other load boards, pallet
the competent authorities in accordance with relevant
collars, dunnage, whether
International Standards for Phytosanitary Measures,
or not actually in use in the
transport of objects of all
or
kinds, except raw wood of 6
- be made of debarked wood, as specified in
mm thickness or less,
Annex I to FAO International Standard for
processed wood produced
Phytosanitary Measures No 15 on Regulation
by glue, heat and pressure,
of wood packaging material in international
or a combination thereof,
and dunnage supporting
trade
consignments of wood,
- be subject to one of the approved treatments
which is constructed from
as specified in Annex I to that International
wood of the same type and
standard, and
quality as the wood in the
- display a mark as specified in Annex II to
consignment and which
that International standard, indicating that
meets the same Union
the wood packaging material has been
phytosanitary requirements
subjected to an approved phytosanitary
as the wood in the
consignment.
treatment in accordance with this standard.
3. (Deleted by L.N. 55 of 2005)
4. Plants of Pinus L., intended
Official statement that no symptoms of Scrirrhia
for planting, other than seeds
pini Funk and Parker have been observed at the
place of production or in its immediate vicinity
since the beginning of the last complete cycle of
vegetation.
5. Plants of Abies Mill., Larix
Without prejudice to the requirements applicable to
Mill., Picea A. Dietr., Pinus
the plants listed in Schedule IV(A)(II)(4), where
L., Pseudotsuga Carr. and
appropriate, official statement that no symptoms of
Tsuga Carr., intended for
Melampsora medusae Thümen have been observed
planting, other than seeds
at the place of production or in its immediate
vicinity since the beginning of the last complete
cycle of vegetation.
6. Plants of Populus L.,
Official statement that no symptoms of
intended for planting, other
Melampsora medusae Thümen have been observed
than seeds
at the place of production or in its immediate
vicinity since the beginning of the last complete
cycle of vegetation.
7. Plants of Castanea Mill. and
Official statement that -
Quercus L., intended for
(a)
the plants originate in areas known to be
planting, other than seeds
free from Cryphonectria parasitica
(Murrill) Barr, or
(b)
no symptoms of Cryphonectria parasitica
(Murrill) Barr have been observed at the
place of production or its immediate
vicinity since the beginning of the last
complete cycle of vegetation.
Official statement that the plants for planting
7.1. Plants of Juglans L. and
Pterocarya Kunth, intended have been grown throughout their life, or since their
for planting, other than
introduction into the Union, in a place of production
seeds
in an area free from Geosmithia morbida Kolarík,
Freeland, Utley & Tisserat and its vector
Pityophthorus juglandis Blackman, established by the
competent authorities in accordance with relevant
International Standards for Phytosanitary Measures
or
originate in a place of production, including its
vicinity of at least 5 km radius, where neither
symptoms of Geosmithia morbida Kolarík, Freeland,
Utley & Tisserat and its vector Pityophthorus
juglandis Blackman, nor the presence of the vector,
have been observed during official inspections within
a period of two years prior to movement, the plants for
planting have been visually inspected prior to
movement and handled and packaged in ways to
prevent infestation after leaving the place of
production,
or
originate in a place of production, with complete
physical isolation, and the plants for planting have
been visually inspected prior to movement and
handled and packaged in ways to prevent infestation
after leaving the place of production.
8. Plants of Platanus L.,
Official statement that -
intended for planting, other
(a)
the plants originate in an area known to be
than seeds
free from Ceratocystis platani (J. M. Walter)
Engelbr. & T. C. Harr., or
(b)
no symptoms of Ceratocystis platani (J. M.
Walter) Engelbr. & T. C. Harr. have been
observed at the place of production or in its
immediate vicinity since the beginning of
the last complete cycle of vegetation.
8.1. Plants of Ulmus L.,
Official statement that no symptoms of ‘Candidatus
intended for planting, other
Phytoplasma ulmi’ have been observed at the place
than seeds
of production or in its immediate vicinity since the
beginning of the last complete cycle of vegetation.
Official statement that -
9. Plants of Amelanchier Med,
(a)
the plants originate in zones recognised as
Chaenomeles Lindl,
being free from Erwinia amylovora (Burr.)
Cotoneaster Ehrh.
Winsl. et al., in accordance with the
Crataegus L, Cydonia Mill,
procedure laid down in Article 18(2) of
Eriobotrya Lindl, Malus
Directive 2000/29/EC; or
Mill., Mespilus L, Photinia
(b)
that the plants in the field of production and
davidiana (Dcne.) Cardot,
its immediate vicinity, which have shown
Pyracantha Roem, Pyrus L.
symptoms of Erwinia amylovora (Burr.)
and Sorbus L. intended for
Winsl. et al., have been rogued out.
planting, other than seeds
10. Plants of Citrus L.,
Official statement that
Fortunella Swingle,
(a)
the plants originate in areas known to be free
Poncirus Raf., and their
from Spiroplasma citri Saglio et al., Phoma
hybrids, other than fruit
tracheiphila (Petri), Kanchaveli and
and seeds
Gikashvili
and
virus
Citrustristeza
(European strains); or
(b)
the plants derive from a certification
scheme requiring them to be derived in
direct line from material which has been
maintained under appropriate conditions
and has been subjected to official
individual testing for, at least, Citrus
tristeza virus (European strains), using
appropriate tests or methods in line with
international standards, and have been
growing permanently in an insectproof
glasshouse or in an isolated cage on which
no symptoms of Spiroplasma citri Saglio et
al., Phoma tracheiphila (Petri) Kanchaveli
and Gikashvili and Citrus tristeza virus
(European strains) have been observed; or
(c)
the plants
-
have been derived from a certification
scheme requiring them to be derived in
direct line from material which has been
maintained under appropriate conditions
and has been subjected to official
individual testing for, at least Citrus
tristeza virus (European strains), using
appropriate tests or methods in line with
international standards, and has been found
in these tests, free from Citrus tristeza
virus (European strains), and certified free
from at least Citrus tristeza virus
(European strains) in official individual
tests carried out according to the methods
mentioned in this indent, and
-
have been inspected and no symptoms of
Spiroplasma citri Saglio et al., Phoma
(Petri)
Kanchaveli
et
tracheiphila
Gikashvili, and Citrus tristeza virus
(European strains) have been observed
since the beginning of the last complete
cycle of vegetation.
10.1.Plants of Citrus L., Choisya
Official statement that the plants
Kunth, Fortunella Swingle,
(a)
originate in an area free from Trioza
Poncirus Raf., and their
erytreae Del Guercio, established by the
hybrids and Casimiroa La
national plant protection organisation in
Llave, Clausena Burm f.,
accordance with relevant International
Murraya J. Koenig ex L.,
Standards for Phytosanitary Measures, or
Vepris Comm., Zanthoxylum
(b)
have been grown in a place of production,
L., other than fruits and seeds
which is registered and supervised by the
competent authorities in the Member State
of origin, and
where the plants are placed in a site with complete
physical protection against the introduction of
Trioza erytreae Del Guercio, and
where, during the last complete cycle of vegetation
prior to the movement, two official inspections
were carried out at appropriate times and no signs
of Trioza erytreae Del Guercio have been observed
in that site, and in the surrounding area with a width
of at least 200m.
11. Plants of Araceae,
Official statement that
Marantaceae, Musaceae,
(a)
no contamination by Radopholus similis
Persea spp. and
(Cobb) Thorne has been observed at the
Strelitziaceae, rooted or with
place of production since the beginning of
growing medium attached or
the last complete cycle of vegetation; or
associated
(b)
soil and roots from suspected plants have
been subjected since the beginning of the
last complete cycle of vegetation to official
nematological testing for at least
Radopholus similis (Cobb) Thorne and
have been found, in these tests, free from
that harmful organism.
12. Plants of Fragaria L.,
Official statement that
Prunus L., and Rubus L.,
(a)
the plants originate in areas known to be
intended for planting, other
free from the relevant harmful organisms;
than seeds
or
(b)
no symptoms of diseases caused by the
relevant harmful organisms have been
observed on plants at the place of
production since the beginning of the last
complete cycle of vegetation.
The relevant harmful organisms are
-
on Fragaria L.
-
Phytophthora fragariae Hickman, var.,
fragariae,
-
Arabis mosaic virus,
-
Raspberry ringspot virus,
-
Strawberry crinkle virus
-
Strawberry latent ringspot virus
-
Strawberry mild yellow edge virus,
-
Tomato black ring virus,
-
Xanthomonas fragariae Keenedy et King;
-
on Prunus L.
-
Apricot chlorotic leafroll mycoplasm,,
-
Xanthomonas arboricola pv. pruni (Smith)
Vauterin et al.
-
on Prunus persica (L.) Batsch
-
Pseudomonas syringae pv. persicae
(Prunier et al.) Young et al.;
-
on Rubus L.
-
Arabis mosaic virus,
-
Raspberry ringspot virus,
-
Strawberry latent ringspot virus
-
Tomato black ring virus,
13. Plants of Cydonia Mill., and
Without prejudice to the requirements applicable to
Pyrus L., intended for
the plants listed in Schedule IV(A)(II)(9), official
planting, other than seeds
statement that -
(a)
the plants originate in areas known to be
free from Pear decline mycoplasm; or
(b)
the plants at the place of production and in
its immediate vicinity, which have shown
symptoms giving rise to the suspicion of
contamination by Pear decline mycoplasm,
have been rogued out at that place within
the last three complete cycles of
vegetation.
14. Plants of Fragaria L.,
Without prejudice to the requirements applicable to
intended for planting, other
the plants listed in Schedule IV(A)(II)(12), official
than seeds
statement that -
(a)
the plants originate in areas known to be
free from Aphelenchoides besseyi Christie;
or
(b)
no symptoms of Aphelenchoides besseyi
Christie have been observed on the plants
at the place of production since the
beginning of the last complete cycle of
vegetation; or
15. Plants of Malus Mill.,
Without prejudice to the requirements applicable to
intended for planting, other
the plants listed in Schedule IV(A)(II)(9),official
than seeds
statement that
(a)
the plants originate in areas known to be
free from Apple proliferation mycoplasm;
or
(b)
(aa) the plants, other than those raised
from seeds, have been
-
either officially certified under a
certification scheme requiring them to be
derived in direct line from material which
has been maintained under appropriate
conditions and subjected to official testing
for at least Apple proliferation mycoplasm
using appropriate indicators or equivalent
methods and has been found, in these tests,
free from that harmful organism, or
-
derived in direct line from material which
is maintained under appropriate conditions
and has been subjected, within the last six
complete cycles of vegetation, at least
once, to official testing for at least Apple
proliferation mycoplasm using appropriate
indicators or equivalent methods and has
been found free, in these tests, from the
harmful organism;
(bb) no symptoms of diseases caused by
Apple proliferation mycoplasm have been
observed on the plants at the place of
production, or on susceptible plants in its
immmediative vicinity, since the beginning
of the last three complete cycles of
vegetation.
16. Plants of the following
Without prejudice to the provisions applicable to
species of Prunus L.,
the plants listed in Schedule IV(A)(II)(12), official
intended for planting, other
statement that
than seeds
(a)
the plants originate in areas known to be
free from Plum pox virus; or
-
Prunus amygdalus Batsch,
(b)
(aa) the plants, other than those raised from
-
Prunus armentaca L.,
seed, have been
-
Prunus blireiana Andre,
-
either officially certified under a
-
Prunus brigantina Vill.,
certification scheme requiring them to be
-
Prunus cerasifera Ehrh.,
derived in direct line from material which
-
Prunus cistena Hansen,
has been maintained under appropriate
-
Prunus curdica Fenzl and
conditions and subjected to official testing
Fritsch.,
for, at least, Plum pox virus using
-
Prunus domestica ssp.
appropriate indicators or equivalent
domestica L.,
methods and has been found, in these tests,
-
Prunus domestica ssp.
free from that harmful organism, or
insititia (L.) C.K.Schneid.,
-
derived in direct line from material which
-
Prunus domestica ssp. italica
is maintained under appropriate conditions
(Borkh.) Hegi.,
and has been subjected, within the last
-
Prunus glandulosa Thunb.,
three complete cycles of vegetation, at least
-
Prunus holosericea Batal.,
once, to official testing for at least Plum
-
Prunus hotrulana Bailey,
pox virus using appropriate indicators for
-
Prunus japonica Thunb.,
equivalent methods and has been found, in
-
Prunus mandshurica
these tests, free from that harmful
(Maxim.) Koehne,
organism;
-
Prunus maritima Marsh.,
(bb)
no symptoms of disease caused by Plum
-
Prunus mume Sieb and
pox virus have been observed on plants at
Zucc.,
the place of production, or on the
-
Prunus nigra Ait.,
susceptible plants in its immmediative
-Prunus persica (L.) Batsch,
vicinity, since the beginning of the last
-
Prunus salicina L.,
three complete cycles of vegetation;
-
Prunus sibrica L.,
(cc)
plants at the place of production which
-
Prunus simonii Carr.,
have shown symptoms of disease caused by
-
Prunus spinosa L.,
other viruses or virus-like pathogens, have
-
Prunus tomentosa Thunb.,
been rogued out.
-
Prunus triloba Liddl.,
-
other species of Prunus L.
susceptible to Plum pox
virus.
17. Plants of Vitis L., other than
Official statement that no symptoms of Grapevine
fruit and seeds
Flavescence doree MLO and Xylophilus ampelinus
(Panagopoulos) Willems et al., have been observed
on the mother-stock plants at the place of
production since the beginning of the last two
complete cycles of vegetation.
18.1.Tubers of Solanum
Official statement that
tuberosum L., intended for
(a)
the European Union provisions to combat
planting
Synchytrium endobioticum (Schilbersky)
Percival have been complied with; and
(b)
either the tubers originate in an area known
to be free from Clavibacter michiganensis
ssp. sepedonicus (Spieckermann and
Kotthoff) Davis et al. or the European
Union provisions to combat Clavibacter
michiganensis
ssp.
sepedonicus
(Spieckermann and Kotthoff) Davis et al.
have been complied with; and
(c)
(Deleted by L.N. 334 0f 2014)
(d)
(aa) either, the tubers originate in areas in
which Ralstonia solanacearum (Smith)
Yabuuchi et al. is known not to occur; or
(bb) in areas where Ralstonia solanacearum
(Smith) Yabuuchi et al. is known to occur,
the tubers originate from a place of
production found free from Ralstonia
solanacearum (Smith) Yabuuchi et al., or
considered to be free thereof, as a
consequence of the implementation of an
appropriate
procedure
aiming
at
eradicating
Ralstonia
solanacearum
(Smith) Yabuuchi et al; and
(e)
either, the tubers originate in areas in
which Meloidogyne chitwoodi Golden et al.
(all populations) and Meloidogyne fallax
Karssen are known not to occur, or in areas
where Meloidogyne chitwoodi Golden et
al. (all populations) and Meloidogyne
fallax Karssen are known to occur
-
either, the tubers originate from a place of
production which has been found free from
Meloidogyne chitwoodi Golden et al. (all
populations) and Meloidogyne fallax
Karssen based on an annual survey of host
crops by visual inspection of host plants at
appropriate times and by visual inspection
both externally and by cutting of tubers
after harvest from potato crops grown at
the place of production, or
-
the tubers after harvest have been randomly
sampled and, either checked for the
presence of symptoms after an appropriate
method to induce symptoms or laboratory
tested, as well as inspected visually both
externally and by cutting the tubers, at
appropriate times and in all cases at the
time of closing of the packages or
containers before marketing according to
the provisions on closing in Council
Directive 66/403/EEC, and no symptoms
of Meloidogyne chitwoodi Golden et al.
(all populations) and Meloidogyne fallax
Karssen have been found.
18.1.1.Tubers of Solanum
Without prejudice to the requirements applicable to
tuberosum L., intended for
the tubers of Solanum tuberosum L., intended for
planting, other than those to
planting in Schedule IV, Part A, Section II (18.1),
be planted in accordance
official statement that the European Union
with Article 4.4(b) of
provisions to combat Globodera pallida (Stone)
Council Directive 2007/33/
Behrens
and
Globodera
rostochiensis
EC
(Wollenweber) Behrens are complied with.
18.2.Tubers of Solanum
Without prejudice to the special requirements
tuberosum L., intended for
applicable to the tubers listed in Schedule
planting, other than tubers of
IV(A)(II)(18.1), official statement that the tubers
those varieties officially
-
belong to advanced selections such a
accepted in one or more
statement being indicated in an appropriate
Member States pursuant to
way on the document accompanying the
Council Directive 70/457/
relevant tubers,
EEC of 29 September 1970
-
have
been
produced
within
the
on the common catalogue of
Community, and
varieties of agricultural plant
-
have been derived in direct line from
species
material which has been maintained under
appropriate conditions and has been
subjected within the Community to official
quarantine testing in accordance with
appropriate methods and has been found, in
these tests, free from harmful organisms.
18.3.Plants of stolon or tuber-
(a)
The plants shall have been held under
forming species of Solanum
quarantine conditions and shall have been
L., or their hybrids, intended
found free of any harmful organisms in
for planting, other than those
quarantine testing;
tubers of Solanum tuberosum
(b)
the quarantine testing referred to in (a)
L. specified in points 18.1,
shall
18.1.1 or 18.2, other than
(aa)
be supervised by the official plant
culture maintenance material
protection organisation of the Member
being stored in gene banks or
State concerned and executed by
genetic stock collections, and
scientifically trained staff of that
other than seeds of Solanum
organisation or of any officially approved
tuberosum L. specified in
body;
point 18.3.1.
(bb)
be executed at a site provided with
appropriate facilities sufficient to contain
harmful organisms and maintain the
material including indicator plants in such
a way as to eliminate any risk of spreading
harmful organisms;
(cc)
be executed on each unit of the material,
-
by visual examination at regular
intervals during the full length of at least
one vegetative cycle, having regard to the
type of material and its stage of
development during the testing programme,
for symptoms caused by any harmful
organisms, by testing, in accordance with
appropriate methods to be submitted to the
Committee referred to in Article 18 of
Directive 2000/29/EC
-
in the case of all potato material at
least for
-
Andean potato latent virus,
-
Arracacha virus B. oca strain,
-
Potato black ringspot virus,
-
Potato spindle tuber viroid,
-
Potato virus T,
-
Andean potato mottle virus,
-
common potato viruses A, M, S, V, X
and Y (including Y o , Y n und Y c ) and Potato
leaf roll virus,
-
Clavibacter michiganensis ssp.
sepedonicus (Spieckermann and Kotthoff)
Davis et al.,
-
Ralstonia solanacearum (Smith)
Yabuuchi et al.;
-
in the case of seeds of Solanum
tuberosum L., other than those specified in
point 18.3.1, at least for the viruses and
viroid listed above;
(dd)
by appropriate testing on any other
symptom observed in the visual
examination in order to identify the
harmful organisms having caused such
symptoms;
(c)
any material, which has not been found
free, under the testing specified under (b)
from harmful organisms as specified under
(b) shall be immediately destroyed or
subjected to procedures which eliminate
the harmful organism(s);
(d)
each organisation or research body holding
this material shall inform their official
Member State plant protection service of
the material held
18.3.1Seeds of Solanum
Official statement that
tuberosum L., other than
The seeds derive from plants complying, as
those specified in point 18.4.
applicable, with the requirements set out in points
18.1., 18.1.1, 18.2 and 18.3; and
(a)
the seeds originate in areas known to be
free from Synchytrium endobioticum
(Schilbersky)
Percival,
Clavibacter
ssp.
michiganensis
sepedonicus
(Spieckermann and Kotthoff) Davis et al.,
Ralstonia solanacearum (Smith) Yabuuchi
et al. and Potato spindle tuber viroid; or
(b)
the seeds comply with all of the following
requirements
(i)
they have been produced in a site where,
since the beginning of the last cycle of
vegetation, no symptoms of disease caused
by the harmful organisms referred to in
point (a) have been observed;
(ii)
they have been produced at a site where all
of the following actions have been taken
(1)
separation of the site from other
solanaceous plants and other host plants of
Potato spindle tuber viroid;
(2)
prevention of contact with staff and items,
such as tools, machinery, vehicles, vessels
and packaging material, from other sites
producing solanaceous plants and other
host plants of Potato spindle tuber viroid,
or
appropriate
hygiene
measures
concerning staff or items from other sites
producing solanaceous plants and other
host plants of Potato spindle tuber viroid to
prevent infection;
(3)
only water free from all harmful organisms
referred to in this point is used.
18.4. Plants of stolon or tuber-
Each organisation or research body holding such
forming species of Solanum
material shall inform the Directorate of the material
L., or their hybrids, intended
held.
for planting, being stored in
gene banks or genetic stock
collections
18.5.Tubers of Solanum
There shall be evidence by a registration number
tuberosum L., other than
put on the packaging, or in the case of loose-loaded
those mentioned in Schedule
potatoes transported in bulk, on the vehicle
IV(A)(II)(18.1), (18.1.1),
transporting the potatoes, that the potatoes have
(18.2), (18.3) or (18.4)
been grown by an officially registered producer, or
originate from officially registered collective
storage or dispatching centres located in the area of
production, indicating that the tubers are free from
Ralstonia solanacearum (Smith) Yabuuchi et al.
and that
(a)
the European Union provisions to combat
Synchytrium endobioticum (Schilbersky)
Percival; and
(b)
where appropriate, the European Union
provisions
to
combat
Clavibacter
michiganensis
ssp.
sepedonicus
(Spieckermann and Kotthoff) Davis et al.,
and
(c)
the European Union provisions to combat
Globodera pallida (Stone) Behrens and
Globodera rostochiensis (Wollenweber)
Behrens are complied with.
18.6.Plants of Solanaceae
Without prejudice to the requirements applicable to
intended for planting, other
the plants, listed in Schedule IV(A)(II)(18.1),
than seeds and other than
(18.2) and (18.3), where appropriate, official
plants mentioned in Schedule
statement that
IV(A)(II)(18.4) or (18.5)
(a)
the plants originate in areas known to be
free from Potato stolbur mycoplasm; or
(b)
no symptoms of Potato stolbur mycoplasm
have been observed on the plants at the
place of production since the beginning of
the last complete cycle of vegetation.
18.6.1.Plants with roots, intended
Without prejudice to the requirements applicable to
for planting, of Capsicum
the plants in Schedule IV, Part A, Section II (18.6)
official statement that the European Union
spp., Solanum lycopersicum
L. and Solanum melongena
provisions to combat Globodera pallida (Stone)
L., other than those to be
Behrens
and
Globodera
rostochiensis
planted in accordance with
(Wollenweber) Behrens are complied with.
Article 4.4(a) of Council
Directive 2007/33/EC
18.7.Plants of Capsicumannuum
Without prejudice to the requirements applicable to
the plants listed in Schedule IV(A)(II)(18.6) where
L., Solanum lycopersicum L.,
Musa L., Nicotiana L., and
appropriate, official statement that
(a)
the plants originate in areas which have
Solanum melongena L.,
intended for planting, other
been
found
free
from
Ralstonia
than seeds
solanacearum (Smith) Yabuuchi et al.; or
(b)
no symptoms of Ralstonia solanacearum
(Smith) Yabuuchi et al. have been observed
on the plants at the place of production
since the beginning of the last complete
cycle of vegetation.
19. Plants of Humulus lupulus L.
Official statement that no symptoms of Verticillum
intended for planting, other
albo-atrum Reinke and Berthold and of Verticillum
than seeds
dahliae Klebahn have been observed on hops at the
place of production since the beginning of the last
complete cycle of vegetation.
19.1.Plants of Palmae, intended
Official statement that the plants
for planting, having a
(a)
have been grown throughout their life in an
diameter of the stem at the
area free from Paysandisia archon
base of over 5 cm and
(Burmeister), established by the national
belonging to the following
plant protection organisation in accordance
genera: Brahea Mart., Butia
with relevant International Standards for
Becc., Chamaerops L.,
Phytosanitary Measures; or
Jubaea Kunth, Livistona R.
(b)
have, during a period of at least two years
Br., Phoenix L., Sabal
prior to movement, been grown in a place
Adans., Syagrus Mart.,
of production
Trachycarpus H. Wendl.,
-
which is registered and supervised by the
Trithrinax Mart.,
responsible official body in the Member
Washingtonia Raf.
State of origin, and
-
where the plants were placed in a site with
complete physical protection against the
introduction of Paysandisia archon
(Burmeister) or with application of
appropriate preventive treatments, and
-
where, during three official inspections per
year carried out at appropriate times, no
signs of Paysandisia archon (Burmeister)
have been observed
20. Plants of Dendranthema
Official statement that
(DC.) Des Moul., Dianthus
(aa)
the plants originate in an area free from
L. and Pelargonium l'Hérit.
Helicoverpa armigera (Hübner) and
ex Ait., intended for planting,
Spodoptera littoralis (Boisd.), established
other than seeds
by
the
national
plant
protection
organisation in accordance with relevant
International Standards for Phytosanitary
Measures; or
(a)
no signs of Helicoverpa armigera
(Hübner), or Spodoptera littoralis (Boisd.)
have been observed at the place of
production since the beginning of the last
complete cycle of vegetation; or
(b)
the plants have undergone appropriate
treatment to protect them from the said
organisms.
21.1.Plants of Dendranthema
Without prejudice to the requirements applicable to
(DC) Des Moul. intended for
the plants listed in Schedule IV(A)(II)(20), official
planting, other than seeds
statement that
(a)
the plants are no more than third generation
stock derived from material which has been
found to be free from Chrysanthemum
stunt viroid during virological tests, or are
directly derived from material of which a
representative sample of at least 10% has
been found to be free from Chrysanthemum
stunt viroid during an official inspection
carried out at the time of flowering;
(b)
the plants or cuttings have come from
premises
-
which have been officially inspected at
least monthly, during the three months
prior to dispatch and on which no
symptoms of Puccinia horiana Hennings
have been observed during that period, and
in the immediate vicinity of which no
symptoms of Puccinia horiana Hennings
have been known to have occurred during
the three months prior to marketing, or
-
the consignment has undergone appropriate
treatment against Puccinia
horiana
Hennings;
(c)
in the case of unrooted cuttings no
symptoms of Didymella ligulicola (Baker,
Dimock and Davis) v Arx were observed
either on the cuttings or on the plants from
which the cuttings were derived, or that, in
the case of rooted cuttings, no symptoms of
Didymella ligulicola (Baker, Dimock and
Davis) v Arx were observed either on the
cuttings or on the rooting bed.
21.2.Plants of Dianthus L.,
Without prejudice to the requirements applicable to
intended for planting, other
the plants listed in Schedule IV(A)(II)(20), official
than seeds
statement that
-
the plants have been derived in direct line
from mother plants which have been found
free from Erwinia chrysanthemi pv.
(Hellmers)
Dickey,
dianthicola
Pseudomonas caryophylli (Burkholder)
Starr and Burkholder and Phialophora
cinerescens (Wollenw.) van Beyma on
officially approved tests carried out at least
once within the two previous years,
-
no symptoms of the above harmful
organisms have been observed on the
plants.
22. Bulbs of Tulipa L., and
Official statement that no symptoms of Ditylenchus
Narcissus L., other than
dipsaci (Kühn) Filipjev have been observed on the
those for which there shall be
plants since the beginning of the last complete
evidence by their packaging,
cycle of vegetation.
or by other means, that they
are intended for sale to final
consumers not involved in
professional cut-flower
production
23. Plants of herbaceous species,
Without prejudice to the requirements applicable to
intended for planting, other
the plants listed in Schedule IV, Part A, Section
than
II(20), (21.1) or (21.2), official statement that
-
bulbs,
(a)
the plants originate in an area known to be
free
from
Liriomyza
huidobrensis
-
corms,
(Blanchard)
and
Liriomyza
trifolii
(Burgess), or
-
plants of the family
(b)
either no signs of Liriomyza huidobrensis
Gramineae,
(Blanchard)
and
Liriomyza
trifolii
-
rhizomes,
(Burgess) have been observed at the place
of production, on official inspections
-
seeds,
carried out at least monthly during the three
-
tubers
months prior to harvesting, or
(c)
immediately prior to marketing, the plants
have been officially inspected and found
free
from
Liriomyza
huidobrensis
(Blanchard)
and
Liriomyza
trifolii
(Burgess) and have been subjected to an
appropriate treatment against Liriomyza
huidobrensis (Blanchard) and Liriomyza
trifolii (Burgess), or
(d)
the plants originate from plant material
(explant) which is free from Liriomyza
huidobrensis (Blanchard) and Liriomyza
trifolii (Burgess); are grown in vitro in a
sterile medium under sterile conditions that
preclude the possibility of infestation with
Liriomyza huidobrensis (Blanchard) and
Liriomyza trifolii (Burgess); and are
shipped in transparent containers under
sterile conditions.
24. Plants with roots, planted or
There shall be evidence that the place of production
intended for planting, grown
is known to be free from Clavibacter michiganensis
in the open air
ssp. sepedonicus (Spieckermann and Kotthoff)
Davis et al. and Synchytrium endobioticum
(Schilbersky) Percival.
24.1.Plants with roots, intended
Without prejudice to the requirements applicable to
for planting, grown in the
the plants in Schedule IV, Part A, Section II (24)
open air, of Allium porrum
there shall be evidence that the European Union
L., Asparagus officinalis L.,
provisions to combat Globodera pallida (Stone)
Beta vulgaris L., Brassica
Behrens
and
Globodera
rostochiensis
spp. and Fragaria L., and
(Wollenweber) Behrens are complied with.
bulbs, tubers and rhizomes,
grown in the open air, of
Allium ascalonicum L.,
Allium cepa L., Dahlia spp.,
Gladiolus Tourn. ex L.,
Hyacinthus spp., Iris spp.,
Lilium spp., Narcissus L. and
Tulipa L., other than those
plants, bulbs, tubers and
rhizomes to be planted in
accordance with Article
4.4(a) or (c) of Council
Directive 2007/33/EC
25. Plants of Beta vulgaris L.,
Official statement that
intended for planting, other
(a)
the plants originate in areas known to be
than seeds
free from Beet leaf curl virus; or
(b)
Beet leaf curl virus has not been known to
occur in the area of production and no
symptoms of Beet leaf curl virus have been
26. Seeds of Helianthus annuus
Official statement that
L.
(a)
the seeds originate in areas known to be
free from Plasmopara halstedii (Farlow)
Berl. and de Toni; or
(b)
the seeds, other than those seeds that have
been produced on varieties resistant to all
races of Plasmopara halstedii (Farlow)
Berl. and de Toni present in the area of
production, have been subjected to an
appropriate treatment against Plasmopara
halstedii (Farlow) Berl. and de Toni.
26.1.Plants of Solanum
Without prejudice to the requirements applicable to
lycopersicum L., intended for
the plants, where appropriate, listed in Schedule
planting, other than seeds
IV(A)(II)(18.6) and (23) official statement that
(a)
the plants originate in areas known to be
free from Tomato yellow leaf curl virus; or
(b)
no symptoms of Tomato yellow leaf curl
virus have been observed on the plants; and
(aa)
the plants originate in areas known to be
free from Bemisia tabaci Genn; or
(bb)
the place of production has been found free
from Bemisia tabaci Genn. on official
inspections carried out at least monthly
during the three months prior to export; or
(c)
no symptoms of Tomato yellow leaf curl
virus have been observed on the place of
production and the place of production has
been subjected to an appropriate treatment
and monitoring regime to ensure freedom
from Bemisia tabaci Genn.
27. Seeds of Solanum
Official statement that the seeds have been obtained
lycopersicum L.
by means of an appropriate acid extraction method
or an equivalent method approved in accordance
with the procedure laid down in Article 18(2) of
Directive 2000/29/EC; and
(a)
either the seeds originate in areas where
Clavibacter
michiganensis
ssp.
michiganensis (Smith) Davis et al. or
Xanthomonas campestris pv. vesicatoria
(Doidge) Dye are not known to occur; or
(b)
no symptoms of diseases caused by those
harmful organisms have been observed on
the plants at the place of production during
their last complete cycle of vegetation; or
(c)
the seeds have been subjected to official
testing for at least those harmful
organisms, on a representative sample and
using appropriate methods, and have been
found, in these tests, to be free from those
harmful organisms.
28.1.Seeds of Medicago sativa L.
Official statement that
(a)
no symptoms of Ditylenchus dipsaci
(Kühn) Filipjev have been observed at the
place of production since the beginning of
the last complete cycle of vegetation and
that no Ditylenchus dipsaci (Kühn) Filipjev
has been revealed by laboratory tests on a
representative sample; or
(b)
that fumigation has taken place prior to
marketing, or
(c)
the seeds have been subjected to an
appropriate physical treatment against
Ditylenchus dipsaci (Kühn) Filipjev and
have been found to be free of this harmful
organism after laboratory tests on a
representative sample.
28.2.Seeds of Medicago sativa L.
Without prejudice to the requirements applicable to
the plants listed in Schedule IV(A)(II)(28.1),
official statement that
(a)
the seeds originate in areas known to be
free from Clavibacter michiganensis spp.
insidiosus Davis et al.; or
(b)
Clavibacter michiganensis ssp. insidiosus
Davis et al. has not been known to occur on
the farm or in the immediate vicinity since
the beginning of the past 10 years, and
--
the crop belongs to a variety recognised as
being highly resistant to Clavibacter
michiganensis ssp. insidiosus Davis et al.,
or
--
it had not yet started its fourth complete
cycle of vegetation from sowing when the
seed was harvested, and there was not more
than one preceding seed harvest from the
crop, or
--
the content of inert matter which has been
determined in accordance with the rules
applicable for certification of seed was
marketed in the Community, does not
exceed 0,1% by weight,
--
no symptoms of Clavibacter michiganensis
ssp. insidiosus Davis et al. have been
observed at the place of production, or on
any Medicago sativa L. crop adjacent to it,
during the last complete cycle of vegetation
or, where appropriate, the last two cycles of
vegetation;
--
the crops have been grown on land on
which no previous Medicago sativa L. crop
has been present during the last three years
prior to sowing.
29. Seeds of Phaseolus L.
Official statement that
(a)
the seeds originate in areas known to be
free from Xanthomonas campestris pv.
phaseoli (Smith) Dye; or
(b)
a representative sample of the seeds has
been tested and found free from
Xanthomonas campestris pv. phaseoli
(Smith) Dye in these tests.
PLANT QUARANTINE (HARMFUL ORGANISMS)
30.1Fruits of Citrus L.,
The packaging shall bear an appropriate
Fortunella Swingle,
origin mark.
Poncirus Raf., and their
hybrids
31. Machinery and vehicles
The machinery or vehicles shall
which have been operated for
(a)
be moved from an area free from
agricultural or forestry
Ceratocystis platani (J. M. Walter)
purposes
Engelbr. & T. C. Harr., established by the
competent authorities in accordance with
relevant International Standards for
Phytosanitary Measures,
or
(b)
be cleaned and free from soil and plant
debris prior to movement out of the
Ceratocystis platani (J. M. Walter) infested
area
PART B
SPECIAL REQUIREMENTS WHICH MUST BE FOLLOWED FOR
THE INTRODUCTION AND MOVEMENT OF PLANTS, PLANT
PRODUCTS AND OTHER OBJECTS INTO, AND WITHIN,
CERTAIN PROTECTED ZONES
Plants, plant
products and
Special requirements
Protected zone(s)
other objects
1. Wood of
Without prejudice to the requirements EL, IRL, UK
conifers
applicable to the wood listed in Schedule (Northern Ireland,
(Coniferales)
IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), Isle of Man and
(1.6), (1.7), where appropriate
Jersey)
(a)
the wood shall be stripped of its
bark; or
(b)
official statement that the wood
originates in areas known to be
free from Dendroctonus micans
Kugelan, or
(c)
there shall be evidence by a mark
"kiln-dried", "K.D." or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content
expressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule.
2. Wood of
Without prejudice to the requirements EL, IRL, UK
conifers
applicable to the wood listed in Schedule
(Coniferales)
IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5),
(1.6), (1.7), where appropriate, and
Schedule IV(B)(1),
(a)
the wood shall be stripped off its
bark; or
(b)
official statement that the wood
originates in areas known to be
free
from
Ips
duplicatus
Sahlbergh; or
(c)
there shall be evidence by a mark
'Kiln-dried', 'KD' or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content,
espressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule.
3. Wood of
Without prejudice to the requirements IRL, UK
conifers
applicable to the wood listed in Schedule
(Coniferales)
IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5),
(1.6), (1.7), where appropriate, and
Schedule IV(B)(1) and (2)
(a)
the wood shall be stripped of its
bark; or
(b)
official statement that the wood
originates in areas known to be
free from Ips typographus Heer; or
(c)
there shall be evidence by a mark
'Kiln-dried', 'KD' or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content,
expressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule.
4. Wood of
Without prejudice to the requirements EL, IRL, UK
conifers
applicable to the wood listed in Schedule
(Coniferales)
IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5),
(1.6), (1.7), where appropriate, and
Schedule IV(B)(1), (2), (3)
(a)
the wood shall be stripped of its
bark; or
(b)
official statement that the wood
originates in areas known to be
free from Ips amitinus Eichhof; or
(c)
there shall be evidence by a mark
'Kiln-dried', 'KD' or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content,
expressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule.
5. Wood of
Without prejudice to the requirements EL, IRL, UK
conifers
applicable to the wood listed in Schedule (Northern Ireland,
(Coniferales)
IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), Isle of Man)
(1.6), (1.7), where appropriate, and
Schedule IV(B)(1), (2), (3), (4)
(a)
the wood shall be stripped of its
bark; or
(b)
official statement that the wood
originates in areas known to be
free from Ips cembrae Heer; or
(c)
there shall be evidence by a mark
'Kiln-dried', 'KD' or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content,
expressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule.
6. Wood of
Without prejudice to the requirements CY, IRL, UK
conifers
applicable to the wood listed in Schedule (Northern Ireland,
(Coniferales)
IV(A)(I)(1.1), (1.2), (1.3), (1.4), (1.5), Isle of Man)
(1.6), (1.7), where appropriate, and
Schedule IV(B)(1), (2), (3), (4), (5)
(a)
the wood shall be stripped of its
bark; or
(b)
official statement that the wood
originates in areas known to be
free from Ips sexdentatus Börner;
or
(c)
there shall be evidence by a mark
'Kiln-dried', 'KD' or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content,
expressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule.
6.3. Wood of
(a)
The wood shall be bark-free; or
CZ, IRL, S, UK
Castanea
(b)
Official statement that the wood
Mill.
(i)
originates in areas known to be
free from Cryphonectria parasitica
(Murrill.) Barr. or
(ii)
has undergone kiln-drying to
below 20% moisture content,
expressed as a percentage of dry
matter, achieved through an
appropriate
time/temperature
schedule. There shall be evidence
thereof by a mark 'Kiln-dried', or
'KD' or another internationally
recognised mark, put on the wood
or on any wrapping in accordance
with current usage.
6.4. Wood of
Without prejudice to the provisions
IRL, UK
Platanus L.,
applicable to the wood listed in Schedule
including
IVA(I)5 and 7.1.2, and IVA(II)2, where
wood which
appropriate, official statement that
has not kept
(a)
the wood originates in an area free
its natural
from Ceratocystis platani (J. M.
round surface,
Walter) Engelbr. & T. C. Harr.,
originating in
established in accordance with
the Union, or
relevant International Standards
in Armenia,
for Phytosanitary Measures, or
Switzerland
(b)
there shall be evidence by a mark
or the USA
‘kiln-dried’, ‘KD’ or another
internationally recognised mark,
put on the wood or on its
packaging in accordance with
current commercial usage, that it
has undergone kiln-drying to
below 20% moisture content,
expressed as a percentage of dry
matter, at time of manufacture,
achieved through an appropriate
time/temperature schedule, or
(c)
the wood originates from a
protected zone listed in the right
hand column.
7. Plants of
Without prejudice to the provisions EL, IRL, UK
Abies Mill.,
applicable to the plants listed in Schedule (Northern Ireland,
Larix Mill.,
III(A)(1), Schedule IV(A)(I)(8.1), (8.2), Isle of Man and
Picea A.
(9), (10) and Schedule IV(A)(II)(4), (5), Jersey)
Dietr., Pinus
where appropriate, official statement that
L., and
the place of production is free from
Dendroctonus micans Kugelan.
Pseudotsuga
Carr., over
3m in height,
other than
fruit and
seeds
8. Plants of
Without prejudice to the provisions EL, IRL, UK
Abies Mill.,
applicable to the plants listed in Schedule
Larix Mill.,
III(A)(1), Schedule IV(A)(I)(8.1), (8.2),
Picea A.
(9), (10), Schedule IV(A)(II)(4), (5), and
Dietr. and
Schedule IV(B)(7), where appropriate,
Pinus L., over
official statement that the place of
3m in height,
production is free from Ips duplicatus
other than
Sahlberg.
fruit and
seeds
9. Plants of
Without prejudice to the provisions IRL, UK
Abies Mill.,
applicable to the plants listed in Schedule
Larix Mill.,
III(A)(1), Schedule IV(A)(I)(8.1), (8.2),
Picea A.
(9), (10), Schedule IV(A)(II)(4), (5), and
Dietr., Pinus
Schedule IV(B)(7), (8), where appropriate,
L., and
official statement that the place of
production is free from Ips typographus
Pseudotsuga
Carr., over
Heer.
3m in height,
other than
fruit and
seeds
10. Plants of
Without prejudice to the provisions EL, IRL, UK
Abies Mill.,
applicable to the plants listed in Schedule
Larix Mill.,
III(A)(1), Schedule IV(A)(I)(8.1), (8.2),
Picea A.
(9), (10), Schedule IV(A)(II)(4), (5), and
Dietr., and
Schedule IV(B)(7), (8), (9), where
Pinus L., over
appropriate, official statement that the
3m in height,
place of production is free from Ips
other than
amitinus Eichhof.
fruit and
seeds
11. Plants of
Without prejudice to the provisions EL, IRL, UK
Abies Mill.,
applicable to the plants listed in Schedule (Northern Ireland,
Larix Mill.,
III(A)(1), Schedule IV(A)(I)(8.1), (8.2), Isle of Man)
Picea A.
(9), (10), Schedule IV(A)(II)(4), (5), and
Dietr., Pinus
Schedule IV(B)(7), (8), (9), (10), where
L., and
appropriate, official statement that the
place of production is free from Ips
Pseudotsuga
Carr., over
cembrae Heer.
3m in height,
other than
fruit and
seeds
12. Plants of
Without prejudice to the provisions IRL, CY, UK
Abies Mill.,
applicable to the plants listed in Schedule (Northern Ireland,
Larix Mill.,
III(A)(1), Schedule IV(A)(I)(8.1), (8.2), Isle of Man)
Picea A.
(9), (10), Schedule IV(A)(II)(4), (5), and
Dietr., and
Schedule IV(B)(7), (8), (9), (10), (11),
Pinus L., over
where appropriate, official statement that
3m in height,
the place of production is free from Ips
other than
sexdentatus Börner.
fruit and
seeds
12.1. Plants of
Without prejudice to the provisions
IRL, UK
Platanus L.,
applicable to the plants listed in Schedule
intended for
IVA(I)12 and IVA(II)8, where appropriate,
planting,
official statement that
other than
(a)
the plants have been grown
seeds,
throughout their life in an area free
originating in
from Ceratocystis platani (J. M.
the Union, or
Walter) Engelbr. & T. C. Harr.,
in Armenia,
established in accordance with
Switzerland
relevant International Standard for
or the USA
Phytosanitary Measures, or
(b)
the plants have been grown
throughout their life in a protected
zone listed in the right hand
column.
14.1. Isolated bark
Official statement that the consignment
EL, IRL, UK
of conifers
(Northern Ireland,
(a)
has been subjected to fumigation
(Coniferales)
Isle of Man and
or other appropriate treatments
Jersey)
against bark beetles; or
(b)
originates in areas known to be
free from Dendroctonus micans
Kugelan.
14.2. Isolated bark
Without prejudice to the provisions EL, IRL, UK
of conifers
applicable to the bark listed in Schedule
(Coniferales)
IV(B)(14.1), official statement that the
consignment
(a)
has been subjected to fumigation
or other appropriate treatments
against bark beetles; or
(b)
originates in areas known to be
free from Ips amitinus Eichhof.
14.3. Isolated bark
Without prejudice to the provisions EL, IRL, UK
of conifers
applicable to the bark listed in Schedule (Northern Ireland,
(Coniferales)
IV(B)(14.1), (14.2), official statement that Isle of Man)
the consignment
(a)
has been subjected to fumigation
or other appropriate treatments
against bark beetles; or
(b)
originates in areas known to be
free from Ips cembrae Heer.
14.4. Isolated bark
Without prejudice to the provisions EL, IRL, UK
of conifers
applicable to the bark listed in Schedule
(Coniferales)
IV(B)(14.1), (14.2), (14.3), official
statement that the consignment
(a)
has been subjected to fumigation
or other appropriate treatments
against bark beetles; or
(b)
originates in areas known to be
free from Ips duplicatus Sahlberg.
14.5. Isolated bark
Without prejudice to the provisions IRL, CY, UK
of conifers
applicable to the bark listed in Schedule (Northern Ireland,
(Coniferales)
IV(B)(14.1), (14.2), (14.3), (14.4), official Isle of Man)
statement that the consignment
(a)
has been subjected to fumigation
or other appropriate treatments
against bark beetles; or
(b)
originates in areas known to be
free from Ips sexdentatus Börner.
14.6. Isolated bark
Without prejudice to the provisions IRL, UK
of conifers
applicable to the bark listed in Schedule
(Coniferales)
IV(B)(14.1), (14.2), (14.3), (14.4),
(14.5), official statement that the
consignment
(a)
has been subjected to fumigation
or other appropriate treatments
against bark beetles; or
(b)
originates in areas known to be
free from Ips typographus Heer.
CZ, IRL, S, UK
14.9. Isolated bark
Official statement that the isolated bark
of Castanea
(a)
originates in areas known to be
Mill.
free from Cryphonectria parasitica
(Murrill.) Barr., or
(b)
has been subjected to fumigation
or other appropriate treatment
against Cryphonectria parasitica
(Murrill.) Barr., to a specification
approved in accordance with the
procedure laid down in Article
18.2. of Directive 2000/29/EC.
There shall be evidence of the
fumigation by indicating on the
certificates referred to in Article
13.1.(ii) of Directive 2000/29/EC,
the active ingredient, the minimum
bark temperature, the rate (g/m 3 )
and the exposure time (h)
15. Plants of
Without prejudice to the provisions IRL, UK (Northern
Larix Mill.,
applicable to the plants listed in Schedule Ireland, Isle of Man
intended for
III(A)(I), Schedule IV(A)(I)(8.1), (8.2), and Jersey)
planting,
(10), Schedule IV(A)(II)(5) and Schedule
other than
IV(B)(7), (8), (9), (10), (11), (12), (13),
seeds
official statement that the plants have been
produced in nurseries and that the place of
production is free from Cephalcia
lariciphila (Klug.)
16. Plants of
Without prejudice to the provisions IRL
Pinus L.,
applicable to the plants listed in Schedule
Picea A.
III(A)(I), Schedule IV(A)(I)(8.1), (8.2),
Dietr., Larix
(9), Schedule IV(A)(II)(4) and Schedule
Mill., Abies
IV(B)(7), (8), (9), (10), (11), (12), (13),
Mill., and
(15), where appropriate, official statement
that the plants have been produced in
Pseudotsuga
Carr.,
nurseries and that the place of production
intended for
is free from Gremmeniella abiedina (Lag.)
planting,
Morelet.
other than
seeds
16.1. Plants of
Without prejudice to the provisions UK
Pinus L.,
applicable to the plants listed in Schedule
intended for
III(A)(1), Schedule IV(A)(I) (8.1), (8.2),
planting,
(9), (10), Schedule IV(A)(II) (4), (5) or
other than
Schedule IV(B) (7), (8), (9), (10), (11),
fruits and
(12) and (16), official statement that
seeds
(a)
the plants have been grown
throughout their life in places of
production in countries where
Thaumetopoea pityocampa Denis
& Schiffermüller is not known to
occur, or
(b)
the plants have been grown
throughout their life in an area free
from Thaumetopoea pityocampa
Denis & Schiffermüller established
by the national plant protection
organisation in accordance with
relevant International Standards
for Phytosanitary Measures, or
(c)
the plants have been produced in
nurseries which, including their
vicinity, have been found free from
Thaumetopoea pityocampa Denis
& Schiffermüller on the basis of
official inspections and official
surveys carried out at appropriate
times, or
(d)
the plants have been grown
throughout their life in a site with
complete
physical
protection
against the introduction of
Thaumetopoea pityocampa Denis
& Schiffermüller and have been
inspected at appropriate times and
found
to
be
free
from
Thaumetopoea pityocampa Denis
& Schiffermüller.
Without prejudice to the prohibitions
16.2. Plants of
applicable to the plants listed in Annex
Quercus L.,
other than
III(A)(2), IV(A)(I)(11.01.), (11.1.), (11.2.)
Quercus
and IV(A)(II)(7) official statement that
suber L., of a
the plants have been grown throughout their
girth of at
life in places of production in countries
least 8 cm
where Thaumetopoea processionea L. is not
measured at
known to occur,
1,2m height
or
from the root
the plants have been grown throughout their
collar,
intended for
life in a protected zone listed in the third
planting,
column or in an area free from
other than
Thaumetopoea processionea L. established
fruits and
by the national plant protection organisation
seeds
in accordance with relevant International
Standards for Phytosanitary Measures,
or
the plants: have been produced since the
beginning of the last complete cycle of
vegetation in nurseries which, including
their vicinity, have been found free from
Thaumetopoea processionea L. on the basis
of official inspections carried out as close as
practically possible to their movement and
official surveys of the nursery and its
vicinity have been carried out at appropriate
times since the beginning of the last
complete cycle of vegetation to detect larvae
and other symptoms of Thaumetopoea
processionea L.,
or
the plants have been grown throughout their
life in a site with complete physical
protection against the introduction of
Thaumetopoea processionea L. and have
been inspected at appropriate times and
found to be free from Thaumetopoea
processionea L.
17. (Deleted by Legal Notice of 2008).
18. Plants of
Without prejudice to the provisions EL, IRL, UK
Picea A.
applicable to the plants listed in Schedule (Northern Ireland,
Dietr.,
III(A)(I), Schedule IV(A)(I)(8.1), (8.2), Isle of Man and
intended for
(10), Schedule IV(A)(II)(5) and Schedule Jersey)
planting,
IV(B)(7), (8), (9), (10), (11), (12), (13),
other than
(16), official statement that the plants have
seeds
been produced in nurseries and that the
place of production is free from Gilpinia
hercyniae (Hartig).
19. Plants of
Official statement that
EL, P (Azores)
Eucalyptus
(a)
the plants are free from soil, and
l’Herit, other
have been subjected to a treatment
than fruit and
against Gonipterus scutellatus
seeds
Gyll.; or
(b)
the plants originate in areas known
to be free from Gonipterus
scutellatus Gyll.
19.1. Plants of
Without prejudice to the provisions CZ, IRL, S, UK
applicable to the plants listed in Schedule
Castanea
Mill.,
III(A)(2) and IV(A)(I)(11.1), and (11.2),
intended for
official statement that
planting
(a)
the plants have been grown
throughout their life in places of
production in countries where
Cryphonectria parasitica (Murrill)
Barr is known not to occur; or
(b)
the plants have been grown
throughout their life in an area free
from Cryphonectria parasitica
(Murrill) Barr, established by the
national
plant
protection
organisation in accordance with
relevant International Standards
for Phytosanitary measures; or
(c)
the plants have been grown
throughout their life in the
protected zones listed in the right-
hand column.
20.1. Tubers of
Without prejudice to the provisions F (Britanny), FI,
applicable to the plants listed in Schedule IRL, P (Azores),
Solanum
tuberosum L.,
III(A)(10), (11), Schedule IV(A)(I)(25.1), UK (Northern
intended for
(25.2), (25.3), (25.4), (25.5), (25.6), Ireland)
planting
Schedule IV(A)(II)(18.1), (18.2), (18.3),
(18.4), (18.6), official statement that the
tubers
(a)
were grown in an area where Beet
necrotic
yellow
vein
virus
(BNYVV) is known not to occur;
or
(b)
were grown on land, or in growing
media consisting of soil that is
known to be free from BNYVV, or
officially tested by appropriate
methods and found free from
BNYVV; or
(c)
have been washed free from soil.
20.2. Tubers of
(a)
The consignment or lot shall not F (Britanny), FI,
contain more than 1% by weight of IRL, P (Azores),
Solanum
tuberosum L.,
soil, or
UK (Northern
other than
the tubers are intended for Ireland)
(b)
those
processing at premises with
mentioned in
officially approved waste disposal
Schedule
facilities which ensure that there is
IV(B)(20.1)
no risk of spreading BNYVV
20.3. Plants with
There shall be evidence that the plants
FI, LV, P (Azores),
originate from a field known to be free
roots, planted
SI, SK
or intended
from Globodera pallida (Stone) Behrens.
for planting,
grown in the
open air
20.4. Plants with
There shall be evidence that the plants P (Azores)
roots, planted
originate from a field known to be free
or intended
from
Globodera
rostochiensis
for planting,
(Wollenweber) Behrens.
grown in the
open air
20.5. Plants of
Without prejudice to the provisions UK
Prunus L.
applicable to the plants listed in Schedule
intended for
III(A)(9)
and
(18)
or
Schedule
planting,
IV(A)(I)(19.2), (23.1) and (23.2) or
other than
Schedule IV(A)(II)(12) and (16), official
seeds
statement that
(a)
the plants have been grown
throughout their life in places of
production in countries where
Xanthomonas arboricola pv. pruni
(Smith) Vauterin et al. is not
known to occur, or
(b)
the plants have been grown
throughout their life in an area free
from Xanthomonas arboricola pv.
pruni (Smith) Vauterin et al.
established by the national plant
protection
organisation
in
accordance
with
relevant
International
Standards
for
Phytosanitary Measures, or
(c)
the plants have been derived in
direct line from mother plants
which have shown no symptoms of
Xanthomonas arboricola pv. pruni
(Smith) Vauterin et al. during the
last complete cycle of vegetation,
and
no symptoms of Xanthomonas
arboricola pv. pruni (Smith)
Vauterin et al. have been observed
on the plants at the place of
production since the beginning of
the last complete cycle of
vegetation, or
(d)
for plants of Prunus laurocerasus
L. and Prunus lusitanica L. for
which there shall be evidence by
their packing or by other means
that they are intended for sale to
final consumers not involved in
professional plant production no
symptoms
of
Xanthomonas
arboricola pv. pruni (Smith)
Vauterin et al. have been observed
on plants at the place of production
since the beginning of the last
complete growing season.
21. Plants and
Without prejudice to the prohibitions
E (except the
live pollen for
applicable to the plants listed in Schedule
autonomous
pollination of
IIIA(9), (9.1), (18) and IIIB(1), where
communities of
appropriate, official statement that
Andalucia,
Amelanchier
(a)
the plants originate in third
Aragón, Castilla la
Med.,
countries recognised as being free
Mancha, Castilla y
Chaenomeles
from Erwinia amylovora (Burr.)
León,
Lindl.,
Winsl. et al. in accordance with the
Extremadura, the
Cotoneaster
procedure laid down in Article
autonomous
Ehrh.,
18(2) of Directive 2000/29/EC, or
community of
Crataegus L.,
(b)
the plants originate in pest-free
Madrid, Murcia,
Cydonia
areas in third countries which have
Navarra and La
Mill.,
been established in relation to
Rioja, the province
Eriobotrya
Erwinia arnvlovora (Burr.) Winsl.
of Guipuzcoa
Lindl., Malus
et al. in accordance with the
(Basque Country),
Mill.,
relevant International Standard for
the Comarcas of
Mespilus L.,
Phytosanitary
Measures
and
Garrigues,
Photinia
recognised as such in accordance
Noguera, Pla
davidiana
with the procedure laid down in
d'Urgell, Segrià
(Dcne.)
Article 18(2) of Directive 2000/29/
and Urgell in the
Cardot,
EC, or
province of Lleida
Pyracantha
(c)
the plants originate in the Canton
(Communidad
Roem., Pyrus
of Valais in Switzerland, or
autonoma de
L. and Sorbus
(d)
the plants originate in the protected
Catalunya), the
L., other than
zones listed in the right-hand
Comarcas de L'Alt
fruit and
column, or
Vinalopó and El
seeds
(e)
the plants have been produced, or,
Vinalopó Mitjà in
if moved into a "buffer zone”, kept
the province of
and maintained for a period of at
Alicante and the
least 7 months including the period
municipalities of
1April to 31 October of the last
Alborache and
complete cycle of vegetation, on a
Turís in the
field
province of
(aa)
located at least 1 km inside the
Valencia
border of an officially designated
(Comunidad
‘buffer zone’ of at least 50 km 2
Valenciana)), EE,
F (Corsica), IRL
where host plants are subject to an
(except Galway
officially approved and supervised
city), I (Abruzzo,
control regime established at the
Apulia, Basilicata,
latest before the beginning of the
Calabria,
complete cycle of vegetation
Campania, Lazio,
preceding the last complete cycle
Liguria, Lombardy
of vegetation with the object of
(except the
minimising the risk of Erwinia
provinces of
amylovora (Burr.) Winsl. et al.
Mantua, Milano,
being spread from the plants grown
Sondrio and
there. Details of the description of
Varese, and the
this ‘buffer zone’ shall be kept
communes of
available to the Commission and
Bovisio Masciago,
to other Member States. Once the
Cesano Maderno,
‘buffer zone’ is established,
Desio, Limbiate,
official inspections shall be carried
Nova Milanese
out in the zone not comprising the
and Varedo in
field and its surrounding zone of
Monza Brianza
500m width, at least once since the
Province),
beginning of the last complete
Marche, Molise,
cycle of vegetation at the most
Piedmont (except
appropriate time, and all host
the communes of
plants showing symptoms of
Busca, Centallo,
Erwinia amylovora (Burr.) Winsl.
Scarnafigi,
et al. should be removed
Tarantasca and
immediately.
Villafalletto in the
province of
Cuneo), Sardinia,
Sicily (excluding
the municipalities
of Cesarò
(Messina
Province),
Maniace,
The results of these inspections Bronte, Adrano
shall be supplied by 1 May each (Catania Province)
year to the Commission and to and Centuripe,
other Member States, and
Regalbuto and
(bb)
which
has
been
officially Troina (Enna
approved, as well as the ‘buffer Province)),
zone’, before the beginning of the Tuscany, Umbria,
complete cycle of vegetation Valle d'Aosta,
preceding the last complete cycle Veneto (except the
of vegetation, for the cultivation of provinces of
plants under the requirements laid Rovigo and
down in this point, and
Venice, the
communes of
Barbona, Boara
Pisani,
Castelbaldo, Masi,
Piacenza d'Adige,
S. Urbano and,
Vescovana in the
province of
Padova and the
area situated to the
south of highway
A4 in the province
of Verona)), LV,
LT (except the
municipalities of
Babtai and
Kėdainiai (region
of Kaunas)), P, SI
(except the regions
Gorenjska,
Koroška, Maribor
and Notranjska,
the communes of
Lendava, Renče-
Vogrsko (south
from the highway
H4) and Velika
Polana, and the
settlements
Fużina,
Gabrovčec,
Glogovica,
Gorenja vas,
Gradiček,
Grintovec,
Ivančna Gorica,
Krka, Krška vas,
Male Lese, Malo
Črnelo, Malo
Globoko, Marinča
vas, Mleščevo,
Mrzlo Polje,
Muljava,
Podbukovje, Potok
pri Muljavi,
Šentvid pri Stični,
Škrjanče, Trebnja
Gorica, Velike
Lese, Veliko
Črnelo, Veliko
Globoko, Vir pri
Stični, Vrhpolje
pri Šentvidu,
Zagradec and
Znojile pri Krki in
the commune
Ivančna Gorica),
SK (except the
county of
Dunajská Streda,
Hronovce and
Hronské Kľačany
(Levice County),
Dvory nad Žitavou
(Nové Zámky
County), Málinec
(Poltár County),
Hrhov (Rožňava
County), Veľké
Ripňany
(Topoľčany
County), Kazimír,
Luhyňa, Malý
Horeš, Svätuše
and Zatín
(Trebišov
County)), FI, UK
(Isle of Man and
Channel Islands)
(cc)
which, as well as the surrounding
zone of a width of at least 500 m,
has been found free from Erwinia
amylovora (Burr.) Winsl. et al.
since the beginning of the last
complete cycle of vegetation, at
official inspections carried out at
least
-
twice in the field at the most
appropriate time, i.e. once during
June to August and once during
August to November; and
-
once in the said surrounding zone
at the most appropriate time, i.e.
during August to November, and
(dd)
from which plants were officially
tested for latent infections in
accordance with an appropriate
laboratory method on samples
officially drawn at the most
appropriate period.
Between 1 April 2004 and 1 April 2005.
these provisions shall not apply to plants
moved into and within the protected zones
listed in the right-hand column which have
been produced and maintained on fields
located in officially designated "buffer
zones”, according to the relevant
requirements applicable before 1 April
2004.
21.1. Plants of
Without prejudice to the prohibition in CY
Vitis L., other
Schedule III(A)(15), on introducing plants
than fruit and
of Vitis L. other than fruits from third
seeds
countries (except Switzerland) into the
Union, official statement that the plants
(a)
originate in the protected zones
listed in the right hand column; or
(b)
have been subjected to an
appropriate treatment to ensure
freedom from Daktulosphaira
vitifoliae (Fitch) according to a
specification
approved
in
accordance with the procedure
referred to in Article 18(2).
21.2. Fruits of
The fruits shall be free from leaves and
CY
Vitis. L
official statement that the fruits
originate in an area known to be free from
Daktulospharia vitifoliae (Fitch);
have been grown at a place of production
which has been found free from
Daktulospharia vitifoliae (Fitch) on
official inspections carried out during the
last two complete cycles of vegetation; or
have been subject to fumigation or other
appropriate
treatment
against
Daktulosphaira vitifoliae (Fitch).
21.3. From 15
There shall be documented evidence that E (except the
March to 30
the beehives
autonomous
June,
(a)
originate in third countries communities of
beehives
recognised as being free from Andalucia, Aragón,
Erwinia amylovora (Burr.) Winsl. Castilla la Mancha,
et al. in accordance with the Castilla y León,
procedure laid down in Article Extremadura, the
18(2), or
autonomous
(b)
originate in the Canton of Valais in community of
Switzerland, or
Madrid, Murcia,
(c)
originate in the protected zones Navarra and La
listed in the right-hand column, or Rioja, the province
(d)
have undergone an appropriate of Guipuzcoa
quarantine measure before being (Basque Country),
moved
the Comarcas of
Garrigues,
Noguera, Pla
d'Urgell, Segrià
and Urgell in the
province of Lleida
(Communidad
autonoma de
Catalunya), the
Comarcas de L'Alt
Vinalopó and El
Vinalopó Mitjà in
the province of
Alicante and the
municipalities of
Alborache and
Turís in the
province of
Valencia
(Comunidad
Valenciana)), EE, F
(Corsica), IRL
(except Galway
city), I (Abruzzo,
Apulia, Basilicata,
Calabria,
Campania, Emilia-
Romagna (the
provinces of Parma
and Piacenza),
Lazio, Liguria,
Lombardy (except
the provinces of
Mantua, Milano,
Sondrio and
Varese), Marche,
Molise, Piedmont
(except the
communes of
Busca, Centallo
and Tarantasca in
the province of
Cuneo), Sardinia,
Sicily, Tuscany,
Umbria, Valle
d'Aosta, Veneto
(except the
provinces of
Rovigo and
Venice, the
communes of
Barbona, Boara
Pisani, Castelbaldo,
Masi, Piacenza
d'Adige, S. Urbano
and, Vescovana in
the province of
Padova and the
area situated to the
south of highway
A4 in the province
of Verona)), LV,
LT (except the
municipalities of
Babtai and
Kėdainiai (region
of Kaunas)), P, SI
(except the regions
Gorenjska,
Koroška, Maribor
and Notranjska,
and the communes
of Lendava and
Renče-Vogrsko
(south from the
highway H4)), SK
(except the county
of Dunajská Streda,
Hronovce and
Hronské Kľačany
(Levice County),
Dvory nad Žitavou
(Nové Zámky
County), Málinec
(Poltár County),
Hrhov (Rožňava
County), Veľké
Ripňany
(Topoľčany
County), Kazimír,
Luhyňa, Malý
Horeš, Svätuše and
Zatín (Trebišov
County)), FI, UK
(Northern Ireland
excluding the
townlands of
Ballinran Upper,
Carrigenagh Upper,
Ballinran, and
Carrigenagh in
County Down, and
the Electoral Area
of Dunmurry Cross
in Belfast, County
Antrim; Isle of
Man and Channel
Islands).
21.4. Plants of
Without prejudice to the provisions IRL, MT, UK
applicable to the plants listed in Schedule
Palmae,
intended for
III(A)(17). or Schedule IV(A)(I)(37) and
planting,
(37.1) or Schedule IV(A)(II)(19.1), official
having a
statement that the plants
diameter of
(a)
have been grown throughout their
the stem at
life in places of production in
the base of
countries
where
Paysandisia
over 5 cm and
archon (Burmeister) is known not
belonging to
to occur; or
the following
(b)
have been grown throughout their
genera
life in an area free from
Brahea Mart.,
Paysandisia archon (Burmeister)
Butia Becc.,
established by the national plant
protection
organisation
in
Chamaerops
L., Jubaea
accordance
with
relevant
Kunth,
International
Standards
for
Livistona R.
Phytosanitary Measures, or
Br., Phoenix
(c)
have, during a period of at least
L., Sabal
two years prior to export or
Adans.,
movement, been grown in a place
of production
Syagrus
Mart.,
-
which is registered and supervised
by the national plant protection
Trachycarpus
H. Wendl.,
organisation in the country of
origin, and
Trithrinax
Mart.,
-
where the plants were placed in a
site with complete physical
Washingtonia
Raf.
protection against the introduction
of
Paysandisia
archon
(Burmeister), and
-
where, during three official
inspections per year carried out at
appropriate
times,
including
immediately prior to movement
from this place of production, no
signs of Paysandisia archon
(Burmeister) have been observed.
21.5. Plants of
Without prejudice to the provisions IRL, P (Azores),
applicable to the plants listed in Schedule UK
Palmae,
intended for
III(A)(17) or Schedule IV(A)(I)(37) and
planting,
(37.1) or Schedule IV(A)(II)(19.1), official
having a
statement that the plants
diameter of
(a)
have been grown throughout their
the stem at
life in places of production in
the base of
countries where Rhynchophorus
over 5 cm and
ferrugineus (Olivier) is known not
belonging to
to occur or
the following
(b)
have been grown throughout their
taxa: Areca
life in an area free from
catechu L.,
Rhynchophorus
ferrugineus
(Olivier) established by the
Arenga
national
plant
protection
pinnata
(Wurmb)
organisation in accordance with
Merr.,
relevant International Standards
for Phytosanitary Measures, or
Bismarckia
Hildebr. & H.
(c)
have, during a period of at least
Wendl.,
two years prior to export or
movement, been grown in a place
Borassus
flabellifer L.,
of production
-
which is registered and supervised
Brahea
armata S.
by the national plant protection
Watson,
organisation in the country of
origin, and
Brahea edulis
H. Wendl.,
-
where the plants were placed in a
site with complete physical
Butia capitata
(Mart.) Becc.,
protection against the introduction
of Rhynchophorus ferrugineus
Calamus
(Olivier), and
merrillii
Becc.,
-
where, during three official
inspections per year carried out at
Caryota
appropriate
times,
including
maxima
Blume,
immediately prior to movement
from this place of production, no
Caryota
signs
of
cumingii
Rhynchophorus
Lodd. ex
ferrugineus (Olivier) have been
Mart.,
observed.
Chamaerops
humilis L.,
Cocos
nucifera L.,
Copernicia
Mart.,
Corypha utan
Lam., Elaeis
guineensis
Jacq., Howea
Phoenix
forsteriana
Becc., Jubea
chilensis
(Molina)
Baill.,
Livistona
australis C.
Martius,
Livistona
decora (W.
Bull) Dowe,
Livistona
rotundifolia
(Lam.) Mart.,
Metroxylon
sagu Rottb.,
Phoenix
canariensis
Chabaud,
Phoenix
dactylifera L.,
Phoenix
reclinata
Jacq.,
Phoenix
roebelenii
O'Brien,
Phoenix
sylvestris (L.)
Roxb.,
theophrasti
Greuter,
Pritchardia
Seem. & H.
Wendl.,
Ravenea
rivularis Jum.
& H. Perrier,
Roystonea
regia (Kunth)
O. F. Cook,
Sabal
palmetto
(Walter)
Lodd. ex
Schult. &
Schult. f.,
Syagrus
romanzoffian
a (Cham.)
Glassman,
Trachycarpus
fortunei
(Hook.) H.
Wendl. and
Washingtonia
Raf.
22. Plants of
(a)
The consignment or lot shall not F (Britanny), FI,
contain more than 1% by weight of IRL, P (Azores),
Allium
porrum L.,
soil, or
UK (Northern
Apium L.,
(b)
the plants are intended for Ireland)
Beta L., other
processing at premises with
than those
officially approved waste disposal
mentioned in
facilities which ensures that there
Schedule
is no risk of spreading BNYVV
IV(B)(25)
and those
intended for
animal
fodder,
Brassica
napus L.,
Brassica rapa
L., Daucus
L., other than
plants
intended for
planting
23. Plants of Beta
(a)
Without
prejudice
to
the F (Britanny), FI,
vulgaris L.,
requirements applicable to the IRL, P (Azores),
intended for
plants listed in Schedule IV(A)(I), UK (Northern
planting,
(35.1),
(35.2),
Schedule Ireland)
other than
IV(A)(II)(25)
and
Schedule
seeds
IV(B)(22), official statement that
the plants
(aa)
have been officially individually
tested and found free from Beet
necrotic
yellow
vein
virus
(BNYVV); or
(bb)
have been grown from seeds
complying with the requirements
listed in Schedule IV(B)(27.1) and
(27.2), and
-
grown in areas where BNYVV is
known not to occur, or
-
grown on land, or in growing
media,
officially
tested
by
appropriate methods and found
free from BNYVV, and
-
sampled, and the sample tested and
found free from BNYVV;
(b)
the organisation or research body
holding the material shall inform
their official Member State plant
protection service of the material
held
24.1. Unrooted
Without prejudice to the requirements
IRL, P (Azores,
cuttings of
Beira Interior,
applicable to the plants listed in Schedule
Beira Litoral, Entre
Euphorbia
IV(A)(I)(45.1),
where
appropriate,
Douro e Minho and
pulcherrima
official statement that
Willd.,
Trás-os-Montes),
(a) the unrooted cuttings originate in
intended for
S, UK
planting,
an area known to be free from
Bemisia tabaci Genn. (European
populations),
or
(b) no signs of Bemisia tabaci Genn.
(European populations) have been
observed at the place of
production, including either on the
cuttings or on the plants from
which the cuttings are derived and
held or produced in this place of
production, on official inspections
carried out at least each three
weeks during the whole production
period of these plants on this place
of production,
or
(c) in cases where Bemisia tabaci
Genn. (European populations) has
been found at the place of
production, the cuttings and the
plants from which the cuttings are
derived and held or produced in
this place of production have
undergone
an
appropriate
treatment to ensure freedom from
Bemisia tabaci Genn. (European
populations) and subsequently this
place of production shall have been
found free from Bemisia tabaci
Genn. (European populations) as a
consequence
of
the
implementation of appropriate
procedures aiming at eradicating
Bemisia tabaci Genn. (European
populations), in both official
inspections carried out weekly
during the three weeks prior to the
movement from this place of
production and in monitoring
procedures throughout the said
period. The last inspection of the
above weekly inspections shall be
carried out immediately prior to
the above movement.
24.2. Plants of
Without prejudice to the requirements
IRL, P (Azores,
Beira Interior,
Euphorbia
applicable to the plants listed in Schedule
Beira Litoral, Entre
pulcherrima
IV(A)(I)(45.1),
where
appropriate,
Willd.,
Douro e Minho and
official statement that
intended for
Trás-os-Montes),
(a) the plants originate in an area
planting,
S, UK
other than
known to be free from Bemisia
Genn.
(European
-
seeds,
tabaci
-
those
populations),
specified in
or
24.1.
(b) no signs of Bemisia tabaci Genn.
(European populations) have been
observed, including on plants, at
the place of production on official
inspections carried out at least
once each three weeks during the
nine weeks prior to marketing,
or
(c) in cases where Bemisia tabaci
Genn. (European populations) has
been found at the place of
production, the plants held or
produced in this place of
production have undergone an
appropriate treatment to ensure
freedom from Bemisia tabaci
Genn. (European populations) and
subsequently this place of
production shall have been found
free from Bemisia tabaci Genn.
(European populations) as a
consequence
of
the
implementation of appropriate
procedures aiming at eradicating
Bemisia tabaci Genn. (European
populations), in both official
inspections carried out weekly
during the three weeks prior to the
movement from this place of
production and in monitoring
procedures throughout the said
period. The last inspection of the
above weekly inspections shall be
carried out immediately prior to
the above movement,
and
(d)
evidence is available that the
plants have been produced from
cuttings which
(da) originate in an area known to
be free from Bemisia tabaci Genn.
(European populations), or
(db) have been grown at a place of
production where no signs of
Bemisia tabaci Genn. (European
populations) have been observed,
including on plants, on official
inspections carried out at least
once each three weeks during the
whole production period of these
plants, or
(dc) in cases where Bemisia tabaci
Genn. (European populations) has
been found at the place of
production, have been grown on
plants held or produced in this
place of production having
undergone
an
appropriate
treatment to ensure freedom from
Bemisia tabaci Genn. (European
populations) and subsequently this
place of production shall have been
found free from Bemisia tabaci
Genn. (European populations) as a
consequence
of
the
implementation of appropriate
procedures aiming at eradicating
Bemisia tabaci Genn. (European
populations), in both official
inspections carried out weekly
during the three weeks prior to the
movement from this place of
production and in monitoring
procedures throughout the said
period. The last inspection of the
above weekly inspections shall be
carried out immediately prior to
the above movement;
or
(e)for those plants for which there shall
be evidence by their packing or
their flower (or bract) development
or by other means that they are
intended for direct sale to final
consumers not involved in
professional plant production, the
plants have been officially
inspected and found free from
Bemisia tabaci Genn. (European
populations)
prior
to
their
movement.
24.3. Plants of
Without prejudice to the requirements
IRL, P (Azores,
Begonia L.,
Beira Interior,
applicable to the plants listed in Schedule
intended for
Beira Litoral, Entre
IV(A)(I)(45.1.), where appropriate,
planting,
Douro e Minho and
official statement that
other than
Trás-os-Montes),
seeds, tubers
S, UK
the plants originate in an area known to
and corms,
be free from Bemisia tabaci Genn.
and plants of
(European populations),
Ajuga L.,
or
Crossandra
Salisb.,
no signs of Bemisia tabaci Genn.
Dipladenia
(European populations) have been
A.DC., Ficus
observed, including on plants, at the
L., Hibiscus
place of production on official
L.,
inspections carried out at least once each
Mandevilla
Lindl. and
three weeks during the nine weeks prior
Nerium
to marketing,
oleander L.,
or
intended for
planting,
in cases where Bemisia tabaci Genn.
other than
(European populations) has been found
seeds
at the place of production, the plants,
held or produced in this place of
production
have
undergone
an
appropriate treatment to ensure freedom
from Bemisia tabaci Genn. (European
populations) and subsequently this place
of production shall have been found free
from Bemisia tabaci Genn. (European
populations) as a consequence of the
implementation
of
appropriate
procedures aiming at eradicating Bemisia
tabaci Genn. (European populations), in
both official inspections carried out
weekly during the three weeks prior to
the movement from this place of
production and in monitoring procedures
throughout the said period. The last
inspection of the above weekly
inspections shall be carried out
immediately prior to the above
movement;
or
for those plants for which there shall be
evidence by their packing or their flower
development or by other means that they
are intended for direct sale to final
consumers not involved in professional
plant production, the plants have been
officially inspected and found free from
Bemisia tabaci Genn. (European
populations) immediately prior to their
movement.
25. Plants of Beta
Official statement that
F (Britanny), FI,
vulgaris L.,
(a)
the plants are transported in such a IRL, P (Azores),
intended for
manner as to ensure that there is no UK (Northern
industrial
risk of spreading BNYVV, and are Ireland)
processing
intended to be delivered to a
processing plant with officially
approved waste disposal facilities,
which ensures that there is no risk
of spreading BNYVV, or
(b)
the plants have been grown in an
area where BNYVV is known not
to occur
26. Soil from beet
Official statement that the soil or waste
F (Britanny), FI,
and
IRL, P (Azores),
(a)
has been treated to eliminate
unsterilised
UK (Northern
contamination with BNYVV, or
waste from
Ireland)
(b)
is intended to be transported for
beet (Beta
disposal in an officially approved
vulgaris L.)
manner, or
(c)
comes from Beta vulgaris L. plants
grown in an area where BNYVV is
known not to occur
27.1. Seeds and
Without prejudice to the provisions of F (Britanny), FI,
fodder beet
Council Directive 66/400/EEC of 14 June IRL, P (Azores),
seed of the
1966 on the marketing of beet seed, where UK (Northern
species Beta
applicable, official statement that
Ireland)
vulgaris L.
(a)
the seed of the categories ‘basic
seed’ and ‘certified seed’ satisfies
the conditions laiddown in
Schedule I(B)(3) to Directive 66/
400/EEC; or
(b)
in the case of ‘seed not finally
certified’, the seed
-
satisfies the conditions laid down
in Article 15(2) of Directive 66/
400/EEC, and
-
is intended for processing that will
satisfy the conditions laid down in
Schedule I(B) to Directive 66/400/
EEC and delivered to a processing
enterprise with officially approved
controlled waste disposal, to
prevent the spread of Beet necrotic
yellow vein virus (BNYVV);
(c)
the seed has been produced from a
crop grown in an area where
BNYVV is known not to occur
27.2. Vegetable
Without prejudice to the provisions of F (Britanny), FI,
seed of the
Council Directive 70/458/EEC of 29 IRL, P (Azores),
species Beta
September 1970 on the marketing of UK (Northern
vulgaris L.
vegetable seed, where applicable, official Ireland)
statement that
(a)
the processed seed contains no
more than 0,5% by weight of inert
matter, in the case of pelleted seed
this standard shall be met prior to
pelleting; or
(b)
in the case of non-processed seed,
the seed
-
shall be officially packed in such a
manner as to ensure that there is no
risk of spread of BNYVV, and
-
is intended for processing that will
satisfy the conditions laid down in
(a) and delivered to a processing
enterprise with officially approved
controlled waste disposal, to
prevent the spread of Beet necrotic
yellow vein virus (BNYVV); or
(c)
the seed has been produced from a
crop grown in an area where
BNYVV is known not to occur.
28. Seeds of
Official statement that
EL
Gossypium
(a)
the seed has been acid-delinted,
spp.
and
(b)
no symptoms of Glomerella
gossypii Edgerton have been
observed at the place of production
since the beginning of the last
complete cycle of vegetation, and
that a representative sample has
been tested and has been found
free from Glomerella gossypii
Edgerton in those tests.
28.1. Seeds of
Official statement that the seed has been EL, E (Andalucia,
acid-delinted.
Catalonia,
Gossypium
spp.
Extremadura,
Murcia, Valencia)
29. Seeds of
Official statement that the seeds originate E (Granada and
in areas known to be free from Malaga), P
Mangifera
spp.
Sternochetus mangiferae Fabricius.
(Alentejo, Algarve
and Madeira)
30. Used
(a)
The machinery shall be cleaned F (Britanny), FI,
agricultural
and free from soil and plant debris IRL, P (Azores).
machinery
when brought in on places of UK (Northern
production where beets are grown, Ireland)
or
(b)
the machinery shall come from an
area where BNYVV is known not
to occur
31. Fruits of Citrus
Without prejudice to the requirement in
EL (except the
L., Fortunella
Regional Units of
Schedule
IV(A)(II)(30.1.)
that
Swingle,
Argolida, Arta,
packaging should bear an origin mark
Chania and
Poncirus
(a) the fruits shall be free from leaves
Raf., and their
Lakonia), MT, P
hybrids
(except Algarve,
and peduncles;
originating in
Madeira and the
or
BG, HR, SI,
county of Odemira
(b) in the case of fruits with leaves or
EL (Regional
in Alentejo)
peduncles, official statement that
Units of
Argolida,
the fruits are packed in closed
Arta, Chania
containers which have been
and Lakonia),
officially sealed and shall remain
P (Algarve,
sealed during their transport
Madeira and
the county of
through
a
protected
zone,
Odemira in
recognised for these fruits, and
Alentejo), E,
shall bear a distinguishing mark to
F, CY and I
be reported on the passport.
32. Plants of Vitis
Without prejudice to the provisions CZ, FR (Alsace,
L., other than
applicable to the plants listed in Schedule Champagne-
fruit and
III(A)(15), IVA(II)17, and IVB21.1, Ardenne, Picardie
seeds.
official statement that
(départe-ment de
(a)
the plants originate and have been l'Aisne), Ile de
grown in a place of production in a France (communes
country
where
Grapevine de Citry, Nanteuil-
flavescence dorée MLO is not sur-Marne et
known to occur; or
Saâcy-sur-Marne)
(b)
the plants originate and have been and Lorraine), I
grown in a place of production in (Apulia, Basilicata
an area free from Grapevine and Sardinia)
flavescence
dorée
MLO
established by the national plant
protection
organisation
in
accordance with the relevant
international standards; or
(c)
the plants originate and have been
grown in either the Czech
Republic,
France
(Alsace,
Champagne-Ardenne,
Picardie
(département de l'Aisne), Ile de
France (communes de Citry,
Nanteuil-sur-Marne et Saâcy-sur-
Marne) and Lorraine) or Italy
(Apulia, Basilicata and Sardinia);
or
(cc)
the plants originate and have been
grown in Switzerland (except the
Canton of Ticino and the Misox
Valley); or
(d)
the plants originate and have been
grown in a place of production
where
(aa)
no symptoms of Grapevine
flavescence dorée MLO have been
observed on the mother-stock
plants since the beginning of the
last two complete cycles of
vegetation; and
(bb)
either -
(i)
no symptoms of Grapevine
flavescence dorée MLO have been
found on the plants in the place of
production; or,
(ii)
the plants have undergone hot
water treatment of at least 50°C for
45 minutes in order to eliminate
the
presence
of
Grapevine
flavescence dorée MLO.
33. Plants of
Without prejudice to the provisions
IRL, UK
applicable to the plants listed in Schedule
Castanea
Mill., other
III(A)(2) and IV(A)(I)(11.1) and (11.2),
than plants in
official statement that
tissue culture,
(a)
the plants have been grown
fruit and
throughout their life in places of
seeds
production in countries where
Dryocosmus kuriphilus Yasumatsu
is known not to occur, or
PLANT QUARANTINE (HARMFUL ORGANISMS)
(b)
the plants have been grown
throughout their life in an area free
from
Dryocosmus
kuriphilus
Yasumatsu, established by the
national
plant
protection
organisation in accordance with
relevant International Standards
for Phytosanitary Measures, or
(c)
the plants have been grown
throughout their life in the
protected zones listed in the right-
hand column.