PROPAGATION MATERIAL OF ORNAMENTAL PLANTS REGULATIONS

SUBSIDIARY LEGISLATION 433.31

PROPAGATION MATERIAL OF ORNAMENTAL

PLANTS REGULATIONS

5th October, 2018

LEGAL NOTICE 317 of 2018, as amended by Legal Notices 384 of 2020

and 153 of 2023.

The title of these regulations is the Propagation Material

of Ornamental Plants Regulations.

(1)

The scope of these regulations is to make

provisions to assure that any propagation material of ornamental plants

produced or placed on the market in Malta meets specified standards

of quality.

(2)

These regulations shall apply to plant material utilised

for the propagation of ornamental plants, hereinafter referred to as the

propagation material as hereinafter defined, produced and marketed

within the European Union and shall apply without prejudice to the

plant health rules laid down by Council Directive 2000/29/EC and its

amendments as transposed in the Plant Quarantine (Harmful

Organisms) Regulations.

(3)

These regulations shall not apply to propagation

material

(a)

intended to be exported to third countries, which

is identified as such and which is kept sufficiently isolated;

(b)

the products of which are not intended for

ornamental purposes, if it is covered by other laws on the

marketing of such material.

(4) These regulations transpose Commission Directives 93/

49/EEC, 98/56/EC, 1999/67/EC, 1999/68/EC and Commission

Implementing Directive (EU) 2018/484.

For the purpose of these regulations, the following

definitions shall apply

"the Act" means the Plant Quarantine Act;

"the Directorate" means the Directorate or Department

responsible for plant health and which is the national responsible

official body for the scope of these regulations;

"the Director" means the Director responsible for the

Directorate;

"lot" means a number of units of a single commodity,

identifiable by its homogeneity of composition and origin;

PROPAGATION MATERIAL OF ORNAMENTAL PLANTS

"marketing" refers to the sale or delivery by a supplier to

another person;

"sale" includes holding available or in stock, display with a

view to sale or offering for sale;

"propagation" means reproduction by vegetative or other

means;

"propagation material" refers to plant material intended for

(a)

the propagation of ornamental plants; or

(b)

the production of ornamental plants however, in

the case of production from whole plants, this definition applies

only to the extent that the resulting ornamental plant is intended

for further marketing;

"regulated non-quarantine pests", hereafter referred to as

"RNQPs", means a pest that fulfils all the conditions set out

under Article 36 of Regulation (EU) 2016/2031 of the European

Parliament and the Council as regards protective measures

against pests of plants, and is included in the list of Union

regulated non-quarantine pests under Annex IV of Commission

Implementing Regulation (EU) 2019/2072 establishing uniform

conditions for the implementation of Regulation (EU) 2016/

2031 and repealing Commission Regulation (EC) No 690/2008

and amending Commission Implementing Regulation (EU)

2018/2019;

"supplier" means any natural or legal person engaged

professionally in the marketing or importation from third countries of

propagation material.

Any person or entity introducing or importing in Malta

propagation material of ornamental plants from another EU Member

State or from a third country shall notify the Directorate, forty-eight

hours prior to the arrival of the material in Malta, by means of the EU

Plant Movement Notification form or the Third Countries Notification

form available on the Directorate’s website, of each lot supplied or

received by them.

(1)

Propagation material may be marketed with a

reference to a variety, only if the variety concerned is

(a)

legally protected by a plant variety right in

accordance with provisions on the protection of new varieties,

(b)

officially registered,

(c)

commonly known,

(d)

entered on a list kept by the supplier with its

detailed description and denomination. Such lists shall be

drawn up in accordance with accepted international guidelines,

where these are applicable. The lists shall be available, on

request, to the responsible official body of the Member State

concerned.

(2)

As far as possible, each variety shall bear the same

denomination in all the Member States in accordance with

implementing measures established by the European Union, or in their

absence, in accordance with accepted international guidelines.

(3)

Where propagation material is marketed with a reference

to a group of plants rather than a variety referred to in sub-regulation

(1), the supplier shall indicate the group of plants in such a way as to

avoid confusion with any varietal denomination.

(1)

The propagating material of ornamental plants shall

at least on visual inspection, be found at the place of production to be

practically free from all pests listed in the Schedule I with regards to

the respective propagating material of ornamental plants.

(2)

The presence of regulated non-quarantine pests

(‘RNQPs’) on propagating material of ornamental plants subject to

marketing shall, at least upon visual inspection, not exceed the

respective thresholds set out in the Schedule I.

(3)

The propagating material of ornamental plants shall, at

least on visual inspection, be practically free from any pests, other

than the pests listed in the Schedule I with regard to the particular

propagating material of ornamental plants, which reduce the

usefulness and quality of that material, or from any signs or

symptoms thereof.

(4)

The material shall also comply with the requirements

concerning Union quarantine pests, protected zone quarantine pests

and RNQPs provided for in implementing acts adopted pursuant to

Regulation (EU) 2016/2031, as well as with the measures adopted

pursuant to Article 30(1) of that Regulation.

(5)

A schedule is established for a particular genus or species

as in Schedule I, laying down additional conditions concerning the

quality with which propagation material shall comply when

marketed. A genus or species shall only be included in the schedule if

there is a demonstrated need for such additional rules. In determining

such need the following criteria shall apply

(a)

the existence of problems with the quality of

propagation material of the species or genus

concerned, which can only be resolved

satisfactorily through legislative means;

(b)

the economic importance of propagation material

of the species or genus concerned; and

(c)

the consistency with any international standards on

regulated non-quarantine pests.

Sub-regulation (5) shall apply without prejudice to the rules on

protected zones adopted pursuant to regulation 3 of the Plant

Quarantine (Harmful Organisms) Regulations and Article 5(3) of

Council Directive 2000/29/EC.

(1)

Suppliers

engaged

in

the

production

of

propagation material shall

(a)

identify and monitor the critical points in their

production process which influence the quality of the material;

(b)

keep information, for examination when requested

by the Directorate on the monitoring laid down in the paragraph

(a);

(c)

take samples where necessary for analysis in a

laboratory with suitable facilities and expertise;

(d)

ensure that, during production, lots of propagation

material remain separately identifiable.

(2)

In the case of the appearance, on the premises of a

supplier engaged in the production of propagation material, of a

harmful organism listed under the Plant Quarantine (Harmful

Organisms) Regulations or in any measures established pursuant to

regulation 6(5), the supplier shall report this to the Directorate and

shall carry out any measures laid down by that Directorate.

(3)

When propagation material is marketed, registered

suppliers shall keep records of their sales or purchases for at least

twelve months.

(1)

Without prejudice to sub-regulation (2), suppliers

shall be officially registered in relation to the activities that they carry

out under these regulations. The Directorate may deem suppliers, who

are already registered under the Act to be registered for the purposes of

these regulations. Such suppliers shall nonetheless comply with the

requirements hereof.

(2)

Sub-regulation (1) shall not apply to suppliers marketing

only to persons not professionally engaged in the production or sale of

ornamental plants or propagation material. Such suppliers shall

nonetheless comply with the requirements of these regulations.

(1)

Propagation material shall be marketed in lots.

However, propagation material of different lots may be marketed in a

single consignment, provided that the supplier keeps records of the

composition and origin of the different lots.

(2)

Propagation material when marketed shall be

accompanied by a label or other document prepared by the supplier.

(3)

Requirements as to the label or document referred to in

sub-regulation (2), shall be established by the Directorate. In the case

of marketing of propagation material for persons not professionally

engaged in the production or sale of ornamental plants or propagation

material, requirements on labelling may be confined to appropriate

product information. Requirements as to packaging of propagation

material may be adopted accordingly.

(4)

Sub-regulation (1) shall not apply to propagation

material that is marketed for persons not professionally engaged in the

production or sale of ornamental plants or propagation material.

Deleted by Legal Notice 384 of 2020.

(1)

Suppliers may market propagation material only if

it meets the requirements laid down in these regulations.

(2)

Sub-regulation (1) shall not apply to propagation

material intended for –

(a)

trials or scientific purposes;

(b)

selection work; or

(c)

use in the conservation of genetic diversity.

Suppliers shall take all the necessary measures to

guarantee compliance with these regulations. To this end, the

Directorate shall ensure that propagation material is officially

inspected -

(a)

at least by random checks; and

(b)

at least in respect of marketing to persons

professionally engaged in the production or sale of ornamental

plants or propagation material,

to verify compliance with the requirements. The Directorate may also

take samples in order to verify compliance. In carrying out supervision

and monitoring, the Directorate shall have free access to all parts of

suppliers’ establishments at all reasonable times.

(1)

If, during official inspections referred to in

regulation 12 or the trials referred to in regulation 18, it is found out

that propagation material does not meet the requirements of these

regulations, the Directorate shall ensure that the supplier takes

appropriate corrective action or, if that is not possible, shall prohibit

the marketing of that propagation material within the European Union.

(2)

If it is found out that propagation material marketed by a

particular supplier does not comply with the requirements of these

regulations, the Directorate shall ensure that appropriate measures are

taken in relation to that supplier.

(3)

Any measures taken under sub-regulation (2) shall be

withdrawn as soon as it has been established with adequate certainty

that the propagation material intended for marketing by the supplier

will, in future, comply with the requirements and conditions of these

regulations.

In the event of temporary difficulties in the supply of

propagation material satisfying the requirements of these regulations

that cannot be overcome within the European Union, rules may be

adopted, concerning the marketing of propagation material meeting

less stringent requirements.

The marketing of propagation material that complies

with the requirements of these regulations shall be subject to no

restrictions as regards supplier, quality, plant health, labelling and

packaging other than those laid down in these regulations.

(1)

It shall be decided whether propagation material

produced in a third country affords equivalent guarantees in all

respects to material produced within the European Union in

accordance with these regulations.

(2)

Pending the decision referred to in sub-regulation (1),

propagation material may not be imported from third countries unless

the importing supplier ensures prior to import that the material to be

imported affords equivalent guarantees in all respects to propagation

material produced within the European Union in accordance with these

regulations, in particular in relation to quality, identification and plant

health.

(3)

The importer shall notify the responsible official bodies

of material imported under sub-regulation (2) and shall keep

documentary evidence of his contract with the supplier in the third

country.

Detailed rules for implementing the provisions of these

regulations shall be established by the Directorate where necessary.

Where appropriate, trials or tests shall be carried out on

samples to check that propagation material complies with the

requirements and conditions of these regulations.

Schedule I

Substituted by

L.N. 384 of 2020.

Amended by

Conditions to be met by ornamental plant propagation

L.N. 153 of 2023.

material and whole ornamental plants

(1) The material shall have adequate identity and purity relative to the genus or

species in question, or where appropriate, group of plants, and, where marketed or

intended to be marketed with a reference to the variety, shall also have identity and

purity as to the variety.

(2) This Schedule is without prejudice to the provisions laid down in the

Regulation (EEC) No 316/68 of the Council fixing quality standards for fresh cut

flowers and fresh ornamental foliage.

RNQPs concerning propagation material of ornamental plants

Bacteria

RNQPs or symptoms

Genus or species of

Threshold for the presence of

caused by RNQPs

propagating material of

RNQPs on the propagating

ornamental plants

material of the ornamental plant

Erwinia amylovora (Burill)

Propagating material of

0%

Winslow et al. [ERWIAM]

ornamental plants other

than seeds

Amelanchier Medik.,

Chaenomeles Lindl.,

Cotoneaster Medik.,

Crataegus Tourn. ex L.,

Cydonia Mill., Eriobtrya

Lindl., Malus Mill.,

Mespilus Bosc ex Spach,

Photinia davidiana Decne.,

Pyracantha M. Roem.,

Pyrus L., Sorbus L.

Pseudomonas syringae pv.

Plants for planting other

0%

actinidiae Takikawa,

than seeds Actinidia Lindl.

Serizawa, Ichikawa,

Tsuyumu & Goto

[PSDMAK]

Pseudomonas syringae pv.

Propagating material of

0%

persicae (Prunier, Luisetti &.

ornamental plants other

Gardan) Young, Dye &

than seeds

Wilkie [PSDMPE]

Prunus persica (L.) Batsch,

Prunus salicina Lindl.

Spiroplasma citri Saglio et

Propagating material of

0%

al. [SPIRCI]

ornamental plants other

than seeds

Citrus L., Citrus L.

hybrids, Fortunella

Swingle., Fortunella

Swingle. hybrids, Poncirus

Raf., Poncirus Raf. hybrids

Xanthomonas arboricola pv.

Propagating material of

0%

pruni (Smith) Vauterin et al.

ornamental plants other

[XANTPR]

than seeds

Prunus L.

Capsicum annuum L.

0%

Xanthomonas euvesicatoria

Jones et al. [XANTEU]

Xanthomonas gardneri (ex

Capsicum annuum L.

0%

Šutič) Jones et al.

[XANTGA]

Capsicum annuum L.

0%

Xanthomonas perforans

Jones et al. [XANTPF]

Xanthomonas vesicatoria (ex

Capsicum annuum L.

0%

Doidge) Vauterin et al.

[XANTVE]

Fungi and oomycetes

RNQPs or symptoms

Genus or species of

Threshold for the presence of

caused by RNQPs

propagating material of

RNQPs on the propagating

ornamental plants

material of the ornamental plant

Propagating material of

0%

Cryphonectria parasitica

(Murrill) Barr [ENDOPA]

ornamental plants other

than seeds

Castanea L.

Dothistroma pini Hulbary

Propagating material of

0%

[DOTSPI]

ornamental plants other

than seeds

Pinus L.

Propagating material of

0%

Dothistroma septosporum

(Dorogin) Morelet [SCIRPI]

ornamental plants other

than seeds

Pinus L.

Lecanosticta acicola (von

Propagating material of

0%

Thümen) Sydow [SCIRAC]

ornamental plants other

than seeds

Pinus L.

Phytophthora ramorum (EU

Plants for planting other

0%

isolates) Werres, De Cock &

than pollen and seeds

Man in ‘t Veld [PHYTRA]

Camellia L., Castanea

sativa Mill., Fraxinus

excelsior L., Larix decidua

Mill., Larix kaempferi

(Lamb.) Carrière, Larix ×

eurolepis A. Henry,

Pseudotsuga menziesii

(Mirb.) Franco, Quercus

cerris L., Quercus ilex L.,

Quercus rubra L.,

Rhododendron L. other

than R. simsii L.,

Viburnum L.

Seeds

0%

Plasmopara halstedii

(Farlow) Berlese & de Toni

Helianthus annuus L.

[PLASHA]

Propagating material of

0%

Plenodomus tracheiphilus

(Petri) Gruyter, Aveskamp &

ornamental plants other

Verkley [DEUTTR]

than seeds

Citrus L., Citrus L.

hybrids, Fortunella

Swingle, Fortunella

Swingle hybrids, Poncirus

Raf., Poncirus Raf. hybrids

Propagating material of

0%

Puccinia horiana

P. Hennings [PUCCHN]

ornamental plants other

than seeds

Chrysanthemum L.

Insects and mites

RNQPs or symptoms

Genus or species of

Threshold for the presence of

caused by RNQPs

propagating material of

RNQPs on the propagating

ornamental plants

material of the ornamental plant

Aculops fuchsiae Keifer

Propagating material of

0%

[ACUPFU]

ornamental plants other

than seeds

Fuchsia L.

Opogona sacchari Bojer

Propagating material of

0%

[OPOGSC]

ornamental plants other

than seeds

Beaucarnea Lem.,

Bougainvillea Comm. ex

Juss., Crassula L., Crinum

L., Dracaena Vand. ex L.,

Ficus L., Musa L., Pachira

Aubl., Palmae, Sansevieria

Thunb., Yucca L.

Propagating material of

0%

Rhynchophorus ferrugineus

(Olivier) [RHYCFE]

ornamental plants other

than seeds Palmae, as

regards the following

genera and species

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.,

Corypha utan Lam.,

Copernicia Mart., 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 canariensis

Chabaud, Phoenix

dactylifera L., Phoenix

reclinata Jacq., Phoenix

roebelenii O’Brien,

Phoenix sylvestris (L.)

Roxb., 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 romanzoffiana

(Cham.) Glassman,

Trachycarpus fortunei

(Hook.) H. Wendl.,

Washingtonia H. Wendl.

Nematodes

RNQPs or symptoms

Genus or species of

Threshold for the presence of

caused by RNQPs

propagating material of

RNQPs on the propagating

ornamental plants

material of the ornamental plant

Ditylenchus dipsaci (Kuehn)

Allium L.

0%

Filipjev [DITYDI]

Ditylenchus dipsaci (Kuehn)

Propagating material of

0%

Filipjev [DITYDI]

ornamental plants other

than seeds

Camassia Lindl.,

Chionodoxa Boiss., Crocus

flavus Weston, Galanthus

L., Hyacinthus Tourn. ex L,

Hymenocallis Salisb.,

Muscari Mill., Narcissus

L., Ornithogalum L.,

Puschkinia Adams, Scilla

L., Sternbergia Waldst. &

Kit., Tulipa L.

Viruses, viroids, virus-like diseases and phytoplasmas

RNQPs or symptoms

Genus or species of

Threshold for the presence of

caused by RNQPs

propagating material of

RNQPs on the propagating

ornamental plants

material of the ornamental

plant

Candidatus Phytoplasma

Propagating material of

0%

mali Seemüller &

ornamental plants other

Schneider [PHYPMA]

than seeds

Malus Mill.

Candidatus Phytoplasma

Propagating material of

0%

prunorum Seemüller &

ornamental plants other

Schneider [PHYPPR]

than seeds

Prunus L.

Candidatus Phytoplasma

Propagating material of

0%

pyri Seemüller & Schneider

ornamental plants other

[PHYPPY]

than seeds

Pyrus L.

Candidatus Phytoplasma

Propagating material of

0%

solani Quaglino et al.

ornamental plants other

[PHYPSO]

than seeds

Lavandula L.

Chrysanthemum stunt

Propagating material of

0%

viroid [CSVD00]

ornamental plants other

than seeds

Argyranthemum Webb ex

Sch.Bip., Chrysanthemum

L

Citrus exocortis viroid

Propagating material of

0%

[CEVD00]

ornamental plants other

than seeds

Citrus L.

Citrus tristeza virus

Propagating material of

0%

[CTV000] (EU isolates)

ornamental plants other

than seeds

Citrus L., Citrus L.

hybrids, Fortunella

Swingle, Fortunella

Swingle hybrids, Poncirus

Raf., Poncirus Raf.

Hybrids.

Impatiens necrotic spot

Propagating material of

0%

tospovirus [INSV00]

ornamental plants other

than seeds

Begonia x hiemalis

Fotsch, Impatiens L. New

Guinea Hybrids

Potato spindle tuber viroid

Capsicum annuum L.,

0%

[PSTVD0]

Plum pox virus [PPV000]

Propagating material of

0%

ornamental plants other

than seeds

Prunus armeniaca L.,

Prunus blireiana Andre,

Prunus brigantina Vill.,

Prunus cerasifera Ehrh.,

Prunus cistena Hansen,

Prunus curdica Fenzl and

Fritsch., Prunus

domestica L., Prunus

domestica ssp.insititia

(L.) C.K. Schneid, Prunus

domestica ssp.italica

(Borkh.) Hegi., Prunus

dulcis (Miller) Webb,

Prunus glandulosa

Thunb., Prunus

holosericea Batal.,

Prunus hortulana

Bailey, Prunus japonica

Thunb., Prunus

mandshurica

(Maxim.) Koehne, Prunus

maritima Marsh., Prunus

mume Sieb. and Zucc.,

Prunus nigra Ait., Prunus

persica (L.) Batsch, Prunus

salicina L., Prunus sibirica

L., Prunus simonii Carr.,

Prunus spinosa L., Prunus

tomentosa Thunb., Prunus

triloba Lindl.

— other species of Prunus

L. susceptible to Plum pox

virus

Tomato spotted wilt

Propagating material of

0%

ornamental plants other

tospovirus (TSWV00)

than seeds

Begonia x hiemalis

Fotsch, Capsicum annuum

L., Chrysanthemum L.,

Gerbera L., Impatiens

L. New Guinea Hybrids,

Pelargonium L.

Schedule II

Additional provisions for lists of varieties of ornamental plants

1. This Schedule establishes additional implementing provisions for lists of

varieties of ornamental plants as kept by suppliers pursuant to the paragraph (d) of

regulation 5(1).

2. The lists kept by suppliers shall include the following information

(i)

the name of the variety, together with its commonly known

synonyms, where appropriate;

(ii)

indications regarding the maintenance of the variety and the

propagation system applied;

(iii) description of the variety, at least on the basis of the characteristics

and their expressions as specified in accordance with the provisions on the

applications to be filed for Community plant variety rights, where these are

applicable;

(iv) if possible, indications as to how the variety differs from the other

varieties most closely resembling it.

3. Sub-paragraphs (ii) and (iv) of paragraph 2 hereof shall not apply to any

supplier whose activity is confined to the placing on the market propagation material of

ornamental plants.

Schedule III

Suppliers’ label or document

1. The suppliers’ label or document referred to in regulation 9 shall be of

suitable material that has not previously been used and shall be printed in Maltese or in

English. It shall contain the following information headings

(i)

indication "EC quality";

(ii)

indication of EU Member State code;

(iii)

indication of the responsible official body or its distinguishing code;

(iv)

supplier’s registration number;

(v)

individual serial, week or batch number;

(vi)

botanical name;

(vii) denomination of the variety, where appropriate. In the case of

rootstock, the denomination of the variety or its designation;

(viii) denomination of the group of plants, where appropriate;

(ix)

quantity;

(x)

in the case of imports from third countries pursuant to regulation

16(2), the name of the country of production.

2. In the case where the propagation material is accompanied by a plant

passport in accordance with the Act, the plant passport may constitute the suppliers’

label or document referred to in paragraph 1. Nonetheless, the indication ‘EC quality’

and an indication of the responsible official body must be given and, where appropriate,

a reference to the denomination of the variety, rootstock or group of plants. In the case of

imports from third countries pursuant to regulation 16(2), the name of the country of

production must also be given. This information may be on the same document as the

plant passport but clearly separated.