S.L. 433.33 Art. 10Movement of specified plants within the Union. S.L. 433.03 S.L. 433.03 S.L. 433.03 S.L. 433.03 S.L.433.03 S.L.433.08 S.L.433.03

(1) This regulation shall only apply to the movement of specified plants other than:

(a) plants which have been grown for the entire production cycle in vitro; or

(b) plants belonging to varieties of specified plants which are non-susceptible to the respective strain of the sub-species of the specified organism as included in the list published in the Government Gazette and on the Directorate’s website and which is updated accordingly from time to time.

The movement out of the demarcated areas and from the infected zones into the respective buffer zones, of specified plants which have been grown for at least part of their life in a demarcated area established in accordance with regulation 6, shall be prohibited.

(2) By way of derogation to sub-regulation (1), such movement can take place if the specified plants have been grown in a site where all of the following conditions are fulfilled:

(a) it is registered in accordance with the Plant

Quarantine (Harmful Organisms) Regulations;

(b) it is authorised by the Directorate as a site free from the specified organism and its vectors, taking into account the relevant International Standards for Phytosanitary Measures;

(c) it is physically protected against the introduction of the specified organism by its vectors;

(d) it is surrounded by a zone with a width of 100m which has been subject to official inspections twice per year and where all the plants found to be infected with the specified organism or to have symptoms, have been immediately removed and appropriate phytosanitary treatments against the vectors of the specified organism have been applied before that removal;

(e) it is subject to phytosanitary treatments at appropriate times of the year to maintain freedom from vectors of the specified organism; those treatments may include, as appropriate, removal of plants;

(f) it is subjected annually, together with the zone referred to in paragraph (d), to at least two official inspections, taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website;

(g) throughout the time of growth of the specified plants, neither symptoms of the specified organism nor its vectors were found in the site or, if suspect symptoms were observed, tests carried out confirmed the absence of the specified organism;

(h) throughout the time of growth of the specified plants, no symptoms of the specified organism were found in the zone referred to in paragraph (d) or, if suspect symptoms were observed, testing has been undertaken and absence of the specified organism has been confirmed.

(3) Representative samples of each species of specified plants from each site have been subject to annual testing, at the most appropriate time, and the absence of the specified organism has been confirmed on the basis of tests carried out in accordance with internationally validated testing methods;

(4) As practically close to the time of movement as possible the lots of the specified plants were subjected to official visual inspection, sampling and molecular testing carried out in accordance with internationally validated testing methods, using a sampling scheme able to identify with 99% reliability a level of presence of infected plants of 1% or above and targeted especially at plants displaying suspect symptoms of the specified organism, in accordance with ISPM No 31.

(5) By way of derogation from sub-regulations (1) and (4), the movement within the Union, within or out of demarcated areas, of dormant plants of Vitis intended for planting, other than seeds, may take place if both of the following conditions are fulfilled:

(a) the plants have been grown in a site registered in accordance with the Plant Quarantine (Harmful Organisms) Regulations;

(b) as practically close to the time of movement as possible, the plants have undergone an appropriate thermotherapy treatment in a treatment facility authorised and supervised by the Directorate for that purpose, whereby the dormant plants are submerged for 45 minutes in water heated to 50 degrees Celsius, in accordance with the relevant EPPO standard (Hot water treatment of grapevine to control Grapevine flavescence dorée phytoplasma).

(6) Prior to movement, the lots of the specified plants were subjected to phytosanitary treatments against any of the vectors of the specified organism.

(7) Specified plants moving through or within demarcated areas shall be transported in closed containers or packaging, ensuring that infection with the specified organism or any of its vectors cannot occur.

(8) Specified plants which have been grown for at least part of their life in a demarcated area shall only be moved to and within the Union territory, if they are accompanied by a plant passport prepared and issued in accordance with regulation 8 of the Plant

Quarantine (Harmful Organisms) Regulations.

(9) Host plants which have never been grown inside the demarcated areas shall only be moved within the Union if the following conditions have been fulfilled:

(a) they have been grown in a site that is subject to annual official inspection, and, in the case of symptoms of the specified organism, sampling, taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website, as well as testing in line with international standards for the presence of the specified organism;

(b) they are accompanied by a plant passport prepared and issued in accordance with regulation 8 of the Plant Quarantine (Harmful Organisms) Regulations:

However, plants for planting, other than seeds, of Coffea, Lavandula dentata L., Nerium oleander L., Olea europaea L., Polygala myrtifolia L. and Prunus dulcis (Mill.) D.A. Webb, shall only be moved within the Union if they have been grown in a site that is subject to annual official inspection and sampling, taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website, as well as testing in line with international standards for the presence of the specified organism, confirming the absence of the specified organism, using a sampling scheme able to identify with 99% reliability the level of presence of infected plants of 5%. In addition, and prior to its first movement out of its production site, each lot of plants for planting of Polygala myrtifolia L. which is to be moved within the Union shall be subjected to official visual inspection and sampling, as close to the time of that movement as possible, taking into account the technical guidelines for the survey of Xylella fastidiosa provided on the Commission website, as well as testing in line with international standards for the presence of the specified organism, confirming the absence of the specified organism, using a sampling scheme able to identify with 99% reliability a level of presence of infected plants of 5%. By way of derogation from the first sub-paragraph of article 4(3), the presence of the specified organism shall be screened by one test, and in case of positive results, its presence shall be identified by carrying out, in line with international standards, at least one positive molecular test. Those tests shall be listed in the Commission database of tests for the identification of the specified organism and its subspecies.

Without prejudice to Part A of Schedule V to the Plant Quarantine (Harmful Organisms) Regulations, no plant passport shall be required for the movement of the host plants referred to in this paragraph to any person acting for purposes which are outside his trade, business or profession, and who acquires those plants for his own use.

(10) Without prejudice to sub-regulation (9), pre-basic mother plants as defined in regulation 3 of the Fruit Trees

Propagating Material Regulations or pre-basic material as defined in regulation 3 of the Fruit Trees Propagating Material Regulations which belong to the species Juglans regia L., Olea europaea L., Prunus amygdalus Batsch, P. amygdalus × P. persica, P. armeniaca L., P. avium (L.) L., P. cerasus L., P. domestica L., P. domestica × P. salicina, P. dulcis (Mill.) D.A. Webb, P. persica (L.) Batsch, and P. salicina Lindley and which have been grown outside the demarcated areas and spent at least part of their life outside insect proof facilities, shall only be moved within the Union if they are accompanied by a plant passport prepared and issued in accordance with regulation 8 of the Plant Quarantine (Harmful Organisms) Regulations and if the following conditions have been fulfilled:

(a) they are subject to the authorisation provided for in Commission Implementing Decision (EU) 2017/167;

(b) within the shortest possible time prior to their movement, they have been subjected to visual inspection, sampling and molecular testing for the presence of the specified organism carried out in accordance with international standards.

Without prejudice to Part A of Schedule V to the Plant

Quarantine (Harmful Organisms) Regulations, no plant passport shall be required for the movement of the pre-basic mother plants and pre-basic material referred to in this paragraph to any person acting for purposes which are outside his trade, business or profession, and who acquires those plants for its own use.