S.L. 433.3 Art. 10Generalprovisions relating to plant passports.

(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 the commercial accompanying 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;

(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 L. intended Solanum tuberosum 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 L., Solanum tuberosum 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 and L., listed in items 27 and Farw. Phaseolus 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 L., listed in items Medicago sativa 28.1 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".