S.L. 433.3 Art. 4IAuthorisation to derogate, Commission Decision 2004/ 200/EC.

(1) The introduction into and movement within Malta of seeds of tomato, (L.) Karsten ex Farw., Lycopersicon lycopersicum 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.