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S.L. 433.3 · Plant Quarantine (Harmful Organisms) (S.L. 433.3)

S.L. 433.3 чл. 3Interpretation.

В силаОфициален текст

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; "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;

"Member State" means a member State of the European 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; "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

История на изменения
  • Amended by L.N. 232 of 2019