S.L. 433.8 · Fruit Trees Propagation Material (S.L. 433.8)

S.L. 433.8 ст. 18Transitional measures.

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Malta may, until 31 December 2029, allow the marketing in its territory of seeds and seedlings produced from pre-basic, basic and certified mother plants or CAC material which existed before 1

January 2017 and have been officially certified or meet the conditions to be qualified as CAC material before 31 December 2029. When marketed such materials shall be identified by a reference to this regulation on the label and a document. Amended by: SCHEDULE I L.N. 152 of 2023. List of genera and species

The following table lists the genera and species to which these regulations

Table 1.1: Latin Name Common Name Mill. European chestnut Castanea sativa Citrus L. Orange, lemon, grapefruit, mandarin, L. Hazel Corylus avellana Mill. Quince Cydonia oblonga Ficus carica L. Fig Swingle Kumquat Fortunella L. Strawberry Fragaria Juglans regia L. Walnut Mill. Apple Malus Olive Olea europea L. Pistacia vera L. Pistachio Raf. Hardy/Bitter Orange Poncirus Batsch. Almond Prunus amygdalus Prunus armeniaca L. Apricot L. Sweet cherry Prunus avium L. Sour cherry Prunus cerasus Prunus domestica L. Plum (Mill.) D. A. Webb Peach Prunus dulcis Lindley Japanese plum Prunus salicina Pyrus L. Pear L. Redcurrant Ribes L. Blackberry Rubus Vaccinium L. Blueberry/Bilberry/Cranberry SCHEDULE II Added by: L.N. 73 of 2017. Labelling, sealing and packaging requirements Amended by: L.N. 144 of 2020.

The responsible official body shall ensure that fruit plant propagating hereinafter "propagating material", officially certified as pre-basic material, or certified material, and fruit plants intended for fruit production, "fruit plants", officially certified as certified material, are only marketed if with the labelling, sealing and packaging requirements set out in Section I Schedule. Where appropriate, an accompanying document, as provided II, may be used to complement the label.

The responsible official body shall ensure that propagating material and which qualify as CAC (Conformitas material are Agraria Communitatis) if they comply with the requirements for the supplier's document set out

Label for pre-basic, basic or certified material

The responsible official body shall ensure that for pre-basic, basic or material a label complying with paragraphs (2) to (5) of this Section is affixed by such body to the plants or parts of plants to be marketed as material or fruit plants. Suppliers may be allowed to prepare and affix the responsible official body’s supervision. The design of the label shall be the responsible official body, in accordance with paragraphs (2), (3) and

Propagating material or fruit plants forming part of the same lot may be a single label where such material or such plants are part of the same bundle or container, and that label is affixed in accordance with the second of paragraph (5).

The responsible official body may provide that fruit plants, which are one old, are to be labelled individually. In this case, labelling may be carried before or during uprooting or later. Where labelling is carried out later, same lot shall be uprooted together and be kept separate from other lots in containers until those plants are labelled.

The label shall contain the following information:

the indication "EU rules and standards"; Member State of labelling or the respective code; responsible official body or the respective code; name of supplier or its registration number/code issued by the responsible official body; reference number of package or bundle, individual serial number, week number or batch number;

(f) botanical name;

(g) category, and for basic material also the generation number;

(h) denomination of the variety and, where appropriate, the case of rootstocks not belonging to a variety, the name of the interspecific hybrid concerned. For grafted fruit information shall be given for the rootstock and the varieties for which an application for official registration variety right is pending, such information shall indicate: denomination" and "application pending";

(i) the indication "variety with an officially recognised description", appropriate;

(j) quantity;

(k) country of production and the respective code, where different Member State of labelling;

(l) year of issue;

(m) in case the original label is replaced by another label: the of the original label.

(3) The label shall be indelibly printed in one of the official languages Union, easily visible and legible.

(4) The colour of the label shall be:

(a) white with a diagonal violet stripe for pre-basic material;

(b) white for basic material;

(5) The label shall be affixed to the plants or parts of plants to propagating material or fruit plants. Where such plants or parts of plants marketed in a package, bundle or container, the label shall be affixed bundle or container.

Where, in accordance with the second sub-paragraph of propagating material or fruit plants are marketed with a single label, that affixed to the package, bundle or container formed by that propagating material fruit plants.

II. Accompanying document for pre-basic, basic or certified material

(1) It may be provided that an accompanying document may responsible official body, or by the supplier concerned under the supervision body, for lots of different varieties or types of pre-basic, basic or certified marketed together to complement the label referred to in Section I.

(2) The accompanying document shall fulfil the following requirements:

(a) include the information set out in Section I(2) and as indicated respective label;

(b) be written in one of the official languages of the Union; delivered at least in duplicate (supplier and recipient); accompany the material from the place of the supplier to the place of the recipient; include the name and address of the recipient; include the date of issue of the document; include, where appropriate, additional information relevant to the lots concerned.

Where the information in the accompanying document contradicts the on the label referred to in Section I, the information on that label shall

Sealing and packaging requirements for pre-basic, basic or certified

It shall be ensured that, where pre-basic, basic or certified material is lots of two or more plants or parts of plants, those lots are sufficiently

Plants or parts of plants making up such lots shall fulfil the requirements or (b):

plants or parts of plants are in a package or container sealed as defined paragraph (2); or plants or parts of plants form part of a bundle sealed as defined in paragraph (2).

For the purposes of these regulations, "sealing" means: in the case of a container, closing in such a way that it cannot be opened without damaging in the case of a bundle, tying up in such a way that the plants or parts of part of the bundle cannot be separated without damaging the tie or ties. the container or bundle shall be labelled in such a way that the removal of renders it invalid.

Supplier’s document for CAC material

The responsible official body shall ensure that CAC material is marketed document prepared by the supplier in compliance with items (2), (3) and (4) hereinafter "the supplier’s document".

responsible official body shall ensure that the supplier’s document does not accompanying document referred to in Section I or an accompanying referred to in Section II, so as to avoid any possible confusion between those documents.

The supplier’s document shall contain at least the following information:

the indication "EU rules and standards"; the name of the Member State where the document has been prepared, the respective code;

(d) the name of the supplier or its registration number, or code responsible official body;

(e) the individual serial number, week number or batch number;

(f) the botanical name;

(g) the indication "CAC material";

(h) the denomination of the variety and, where appropriate, the case of rootstocks not belonging to a variety: the name of the interspecific hybrid concerned. For grafted fruit information shall be given for the rootstock and the varieties for which an application for official registration variety right is pending, such information shall indicate: denomination" and "application pending"; and

(i) the date of issue of the document.

(3) Where the supplier’s document is affixed to the CAC material, the supplier’s document shall be yellow.

(4) The supplier’s document shall be indelibly printed in one languages of the Union, clearly visible and legible..

SCHEDULE III

Registration of Suppliers

I. Register of suppliers

(1) The responsible official body shall keep and update a register as provided for in regulation 7(1) of these regulations. That register shall hereinafter as "the register of suppliers". In addition to suppliers accordance with these regulations, that register shall include suppliers accordance with the provisions of regulation 10(1) of the Fruit Trees * Material Regulations, 2010 . Where appropriate, the responsible official make available the register of suppliers.

(2) The register of suppliers shall include the following information:

(a) the name, address and contact details of the supplier;

(b) the activities, within the meaning of the term regulation 3 of these regulations that are exercised by the supplier address of the premises involved and the main genera or species

*promulgated by Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010. The responsible official body shall ensure that it removes a natural or legal the register of suppliers, if it is established that that person no longer activity within the meaning of term "supplier" in regulation 3 of these

Notification obligation of suppliers

The responsible official body shall ensure that suppliers notify the referred to in Section I point (2)(a) and (b). No notification shall, however, from suppliers accredited in accordance with regulation 10(1) of the Fruit * Propagation Material Regulations, 2010 .

The responsible official body shall ensure that suppliers notify any change situation concerning the information referred to in Section I point (2)(a) and (b).

The responsible official body shall ensure that suppliers are informed of registration and of any modifications thereto within a time period to be laid down legislation.

Registration of Varieties

Variety register

The responsible official body shall keep, update and publish a register of (hereinafter "variety register"). In addition to varieties registered in with these regulations, the variety register shall include varieties registered September 2012 in accordance with regulation 8(3) of the Fruit Trees † Material Regulations, 2010 and varieties registered in accordance with the sentence of regulation 6(4)(a) of these regulations.

The variety register shall include the following information:

(a) the denomination of the variety and synonyms;

(b) the species the variety belongs to;

(d) the date of registration, or, where applicable, of renewal of registration;

(e) the end of validity of registration.

The responsible official body shall keep a file for each variety it registers. contain a description of the variety and a summary of all the facts registration of the variety.

Conditions for registration of varieties

Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010. Legal Notice 271 of 2004 and revoked by Legal Notice 223 of 2010.

(1) The responsible official body shall ensure that a variety is variety with an official description if it fulfils the following requirements:

(a) it is distinct, uniform and stable within the meaning this Section;

(b) a sample of the variety is available; and

(c) as regards genetically modified varieties, the genetically organism of which the variety consists is authorised for cultivation Directive 2001/18/EC or Regulation (EC) No 1829/2003.

(2) A variety shall be considered as:

(a) "distinct" where it is clearly distinguishable, by reference expression of the characteristics that result from a particular combination of genotypes, from any other variety commonly known of the application referred to in Section V;

(b) "uniform" where, subject to the variation that may from the particular features of its propagation, it is sufficiently expression of those characteristics which are included in the examination distinctness, as well as any other characteristics used for the variety

(c) "stable" where the expression of the characteristics included in the examination for distinctness, as well as any other used for the variety description, remains unchanged after repeated or, in the case of micro propagation at the end of each cycle.

V. Application for registration of a variety

(1) For registration of a variety as a variety with an official responsible official body shall require to receive a written application.

(2) The application shall be accompanied by the following:

(a) the information required by the technical questionnaires the time of application:

(i)in Annex II to the "Protocols for distinctness, uniformity and of the Administrative Council of the Community Plant

(CPVO) for the relevant species for which such a protocol published; or, where no such protocols have been published,

(ii)in Section X of the "Test guidelines for the conduct distinctness, uniformity and stability" of the International Protection of new Varieties of Plants (UPOV) and the Annex guideline concerned for the relevant species for which such have been published; or, where no such guidelines have been (iii)in national provisions;

(b) information on whether the variety is officially another Member State, or is the subject of an application for such another Member State;

(d) in the case of a genetically modified variety, evidence that the genetically modified organism of which the variety consists is authorised for cultivation pursuant to Directive 2001/18/EC or Regulation (EC) No 1829/2003.

The applicant may submit any of the following with its application:

(a) an official description established, in accordance with point (5) of VI, by a responsible official body of another Member State;

(b) any other relevant information.

Examination of applications

It shall be ensured that, where the responsible official body receives an for registration of a variety as a variety with an official description, an of that variety is performed in accordance with points (2), (3) and (4) of

Growing trials shall be carried out to establish an official description of the Where the applicant submits information in accordance with point (3)(a) of the responsible official body considers that this information shows that for registration provided for in Section IV are fulfilled, no growing trials however, be carried out. Where growing trials are to be carried out, the official body shall request a sample of the material of the variety.

The growing trials referred to in point (2) of this Section shall be

(a) the responsible official body receiving the application; or

(b) the responsible official body of another Member State having to perform those trials; or

Where point (c) applies and trials are carried out on the premises of private the responsible official body shall ensure that no measures are applied that with the official examination.

The growing trials shall be performed in accordance with the following regards trial design, growing conditions and characteristics of the variety as a minimum:

(a) the "Protocols for distinctness, uniformity and stability tests" of Administrative Council of the Community Plant Variety Office (CPVO) applicable at the beginning of the technical examination; or, where no protocols been published for the relevant species,

(b) the "Test guidelines for the conduct of tests for uniformity and stability" of the International Union for the Protection Varieties of Plants (UPOV) applicable at the beginning of examination; or, where no guidelines have been published for species,

(5) If, based on the examination referred to in point (1) of this responsible official body concludes that the variety concerned fulfils the Section V it shall establish an official description and include that variety register.

VII. Period of validity of variety registration

(1) The maximum period of validity of the registration of a variety years.

In the case of genetically modified varieties, the validity of shall be limited to the period for which the genetically modified organism variety consists is authorised for cultivation pursuant to Directive Regulation (EC) No 1829/2003.

VIII. Renewal of variety registration

(1) The responsible official body shall ensure that the registration may be renewed for further maximum periods of 30 years, provided that variety is still available.

In the case of a genetically modified variety, renewal shall, subject to the condition that the respective genetically modified organism be authorised for cultivation pursuant to Directive 2001/18/EC or Regulation 1829/2003. The renewal period shall be limited to the period of authorisation genetically modified organism concerned.

(2) For renewal of the registration, the responsible official body to receive a written application. The application shall be accompanied showing that the conditions set out in point (1) of this Section are responsible official body may, however, renew the registration of a variety written application has been submitted, where it considers that renewal preserve genetic diversity and sustainable production or serves another

IX. Removal of a variety from the variety register

(1) The responsible official body shall ensure that a variety is the variety register if:

(a) the conditions for registration, as set out in Section longer fulfilled;

(b) at the time of the application for registration examination, false or fraudulent particulars had been supplied the basis of which the variety was registered.

Notifications

The responsible official body shall notify to the responsible official bodies Member States and the European Commission the information required to variety register of the Member State concerned.

The responsible official body shall notify the European Commission as possible of the inclusion of a variety in its variety register, and any other to its variety register.

The responsible official body shall, on request, make available to another or the European Commission:

(a) the official or officially recognised description of varieties registered in the variety register of Malta;

(b) the results of examinations of applications for registration of varieties performed by Malta pursuant to Section VI;

(c) any other information available in respect of varieties included in variety register of Malta or removed from that register;

(d) the list of varieties for which applications for registration are in Malta.

Common List of Varieties

Common list

European Commission shall, on the basis of the information received point (2) of Section X, establish, regularly update and publish in an format a common list of the varieties included in the variety registers of the States. SCHEDULE IV

SECTION I

General provisions

История изменений

Amended by L.N. 152 of 2023