S.L. 433.3 Art. 6Official register and registration.

(a) No person shall carry out any of the following activities unless such person is registered in the Malta Official

Register (MOR), established and held by the Directorate, under the provisions of these regulations:

(i) propagating, growing and trading or any other activity associated with any plants, plant products or other objects listed in Part A of Schedule V and seeds referred to in Part A of Schedule IV;

(ii) importation of any plant, plant product or other object listed in Part B of Schedule V, and seeds referred to in Part A of Schedule IV;

(iii) production or the management of collective warehouses or dispatching centres of:

(1) Tubers of Solanum tuberosum L., other than seed potatoes.

(2) Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids.

(b) The Director may, in cases where there is no risk of any spreading of harmful organisms, following a request for registration, exempt any person who qualifies as a small producer or processor as defined in paragraph (c) from the requirements of registration under these regulations.

(c) For the purposes of this regulation a small producer or processor shall satisfy all the following requirements, namely that he -

(i) carries out the activity of propagating, growing, and, or selling of plant material on a part time basis, and

(ii) sells to or trades directly with the consumer, and

(iii) is not involved in the movement of plant material to and from other Member States, and

(iv) does not carry out any importation activities of plant and plant products.

Provided that any person seeking to be exempted from the provisions of this paragraph shall make an application therefore to the Director in such form, in such manner and within such time as the Director may require by notice in the Gazette.

(d) Any person seeking to be registered in the official register shall make an application to the Director in such form, in such manner and during such time as Director may establish in the Gazette. Such application shall as a minimum contain the following information:

(i) the name, address and a legally valid identification document number of the applicant,

(ii) the type of activity for which the application is being made,

(iii) the species of plants or planting material which are intended to be propagated, grown or traded,

(iv) the address of every premises were the activity will be carried out,

(v) the person who will be effectively managing or controlling the activity, hereinafter in these regulations referred to as the authorised person,

(vi) the stage of growth at which plants and plant products are marketed,

(vii) the trade licence number where applicable.

(viii) such other information as the Director may require.

(e) On receiving an application for registration the Director shall verify such application and shall ascertain that the applicant is a fit and proper person to be registered, and that he can fulfil the requirements listed in regulation 7. For such purpose the Director may request such other information and the production of such documents as he may deem fit.

(f) The Director may grant or refuse an application and in case of refusal the Director shall inform the applicant in writing stating the reasons for such refusal.

(g) The Director shall issue a certificate with the respective registration number.

(h) The registration of a person registered under these regulations may be removed from the official register either on the request of person so registered or if in the opinion of the Director such person is no longer a fit and proper person to remain so registered.

(i) Any registered person shall notify the Director, within ten working days, of any change in any of the particulars submitted in the application for registration and with any changes in circumstances which may affect their registration.

(j) the authorised person as referred to in regulation 6(d)(v) shall follow obligatory training organised by the Directorate on ongoing issues related to plant health:

Provided that if authorised person does not follow such training, the Director may revoke the MOR compliance certificate or refuse to issue such certificate as the case may be, for that particular year for which training was not followed.