S.L. 433.8 Art. 16Equivalence.

(1) In order to prevent trade patterns from being disrupted,

Malta when importing fruit plant propagating material and fruit plants from third countries shall be allowed to apply conditions equivalent to those applicable to similar Union products in accordance with sub-regulation (3). The application of such conditions for importation of propagating material and fruit plants produced in a third country affording the same guarantees complying with these regulations and to which the derogation mentioned in sub-regulation (3) refers shall be allowed for a period which is consistent with the transitional period referred to in regulation 18.

(2) In accordance with the Standing Committee procedure on Propagating Material and Plants of Fruit Genera and Species, it shall be decided by the Commission whether propagating material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing, are equivalent in all these respects to propagating material and fruit plants produced in the Community and complying with the requirements and conditions of these regulations.

(3) Pending the decision referred to in sub-regulation (2) hereof, the Directorate may, until 31st December, 2022 and without prejudice to the provisions of the Plant Quarantine (Harmful Organisms) Regulations, apply to the import of propagating material and fruit plants from third countries conditions at least equivalent to those indicated, on a temporary or permanent basis, in the specific requirements adopted pursuant to regulation 5. If such conditions are not laid down in the specific requirements, the conditions for importation must be at least equivalent to those applicable to production in Malta.

(4) Propagating material and fruit plants imported by Malta in accordance with a decision taken by the Directorate in accordance with sub-regulation (3) shall not be subject to marketing restrictions in the other Member States as regards the matters referred to in sub-regulation (2):

Provided that notwithstanding the entry into force of these regulations, the Directorate may until 31st December, 2018, allow the importation from third countries of propagation material and fruit plants which existed prior to 30th September, 2012, which satisfy the conditions for importation prescribed in regulation 5 before 31st December, 2018.