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PLANT QUARANTINE ACT (CAP. 433)Seeds of Vegetable Landraces and Varieties Regulations, 2011
IN exercise of the powers conferred by article 32 of the Plant Quarantine Act, the Minister for Resources and Rural Affairs after consulting the Plant Health Directorate has made the following regulations:-
1. (1) The title of these regulations is the Seeds ofVegetable Landraces and Varieties Regulations, 2011.
(2) The scope of these regulations is to transpose C o m m i s s i o n D i r e c t i v e 2 0 0 9 / 1 4 5 / E C p r o v i d i n
g f o r c e r t a i n derogations for the acceptance for inclusion of vegetable landraces and varieties in national catalogues of
varieties of vegetable species as provided for in the Seeds of Agricultural Plants and Vegetables Regulations, 2010 to ensure the
sustainable use of such plant genetic resources through growing. Such derogation shall apply to the following:
(a) vegetable landraces and varieties which have been traditionally grown in particular localities and regions hereinafter referred
to as “conservation in situ” and are threatened by genetic erosion hereinafter referred to as “conservation varieties”; and
(b) vegetable varieties with no intrinsic value for commercial crop production but solely developed for growing under particular
pedological or agro-technical conditions hereinafter referred to as “varieties developed for growing under particular conditions”,
a n d c o n s e q u e n t l y f o r m a r k e t i n g o f s e e d s o f s u c h vegetable landraces and varieties.
(3) These regulations shall be deemed to have come into force on the 31st December, 2010.
Title, scope and commencement.
L.N. 331 of 2010
.
VERŻJONI ELETTRONIKAB 382
Interpretation. Cap. 433.
2. (1) Unless otherwise stated in these regulations, the definitions in the Act and those contained in the Seeds of Agricultural Plants and Vegetables Regulations, 2010 shall continue to apply.(2) For the purpose of these regulations and unless the
context otherwise requires, the following definitions shall apply:
“the Act” means the Plant Quarantine Act;
“the applicant” means any person, farmer or breeder who submits an application to the Directorate whereby he may be granted an
authorisation in accordance with these regulations;
“authorisation” means any permit, licence, decision or concession granted by the Directorate to the applicant in terms of these
regulations;
“certified seed” shall have the same meaning as that provided for under the Seeds of Agricultural Plants and Vegetables Regulations,
2010;
“co n s er v atio n in s itu ” means th e co n s er vatio n o f genetic material in its natural surroundings and, in the case
of cultivated plant species, in the farmed environment where they have developed their distinctive properties;
“conservation varieties” means vegetable landraces and varieties which have been traditionally grown in particular localities
and regions and are threatened by genetic erosion;
“the Commission” means the European Commission; “the Community” means the European Community as
established by the Treaty of the European Union;
“the Directorate” means the directorate responsible for plant health;
“genetic erosion” means the loss of genetic diversity between and within populations or varieties of the same species over time,
or reduction of the genetic basis of a species due to human intervention or environmental change;
“landrace” means a set of populations or clones of a plant species which are naturally adapted to the environmental conditions
of their region;
“Member State” means a state which is a member of the
European Union;
“person” means any natural or legal person;
“ s t a n d a r d s e e d ” s h a l l h a v e t h e s a m e m e a n i n g a s that provided under the Seeds of Agricultural Plants
and Vegetables Regulations, 2010.
“varieties developed for growing under particular conditions” means varieties with no intrinsic value for commercial crop production
but solely developed for growing under particular pedological or agro-technical conditions.
(2) Such varieties shall be accepted:
(a) as a variety the seeds of which may either be certified as “certified seed of a conservation variety” or verified as “standard
seed of a conservation variety”. Such a variety shall enter the Common Catalogue of varieties of vegetable species as a “conservation
variety the seeds of which shall be certified in accordance with regulation 11 of these regulations or verified in accordance with
regulation 12 of these regulations”;
(b) as a variety the seeds of which may only be verified as “standard seed of a conservation variety”. Such a variety shall
enter the Common Catalogue of varieties of vegetable species as a “conservation variety the seeds of which shall be verified in
accordance with regulation 12 of these regulations”.
B 383
Applicability.
Acceptance
for inclusion of conservation varieties in national catalogues.
VERŻJONI ELETTRONIKAB 384
Substantive requirements for acceptance of a landrace or variety as a
conservation variety.
LN 87 of 2007.
Procedural requirements for the acceptance
of conservation varieties.
5. (1) In order to be accepted as a conservation variety, as referred to in sub-regulation (2) of regulation 2 hereof, a landrace or variety shall present an interest for the conservation of plant genetic resources.(2) The Directorate may adopt its own provisions as regards distinctness, stability and uniformity of conservation varieties by
way of derogation from paragraphs (a) and (b) of sub-regulation (1) of regulation 3 of the Examination of Varieties of Vegetable
Species Regulations, 2007. In such cases, the Directorate shall ensure that for the purpose of distinctness and stability, at least
the characteristics referred to in the following shall apply:
(a) the technical questionnaires associated with the test protocols of the Community Plant Variety Office (CPVO) listed in Schedule
I to the Examination of Varieties of Vegetable Species Regulations, 2007, which apply to those species; or
(b) the technical questionnaires of the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV)
listed in Schedule II to the Examination of Varieties of Vegetable Species Regulations, 2007, which apply to those species.
(3) The provisions contained under the Examination of Varieties of Vegetable Species Regulations, 2007 shall apply with regard to
the assessment of uniformity. However, if the uniformity level is established on the basis of off-types, a population standard of
10% and an acceptance probability of at least 90 % shall apply.
(a) the description of the conservation variety and its denomination;
(b) the results of unofficial tests;
(c) knowledge gained from practical experience during cultivation, reproduction and use, as notified by the applicant to the Directorate;
(d) other information in particular that obtained from the plant genetic resources authorities or from other organisations or entities
recognised as such by the Directorate.
(a) it is already listed in the Common Catalogue of varieties of vegetable species as a variety other than a conservation variety;
or
(b) it was deleted from such catalogue during the years
2008 to 2010 or within the two years immediately following the expiry period of the acceptance granted under sub- regulation (11)
of regulation 6 of the Seeds of Agricultural Plants and Vegetables Regulations, 2010; or
(c) it is protected by a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 on Community plant
variety rights or by a national plant variety right, or where an application for such a right is pending.
(2) Notwithstanding sub-regulation (6) of regulation
6 of the Seeds of Agricultural Plants and Vegetables Regulations,
2010 providing that a variety shall be known by the same name in all Member States at the time of acceptance, the Directorate may
accept more than one name for a variety if the names concerned are historically known.
B 385
Exception to the acceptance of a conservation variety.
Denominations of conservation varieties.
Region of origin of conservation varieties.
VERŻJONI ELETTRONIKAB 386
Maintenance of conservation varieties.
Certification of seeds.
Verification of seeds of a conservation variety.
identified, and hereinafter these shall be referred to as the “region of origin”. Information available from plant genetic resources
authorities or from other organisations or entities recognised as such shall be taken into account. If the region of origin is located
in Malta and in other Member States, it shall be identified by all Member States concerned by means of a common accord.
(2) The Directorate or the other competent authorities of other Member States, as the case may be, identifying the region of origin
shall notify such identification to the Commission.
provided for in sub-regulations (1) of regulation 7 and regulation
9 of the Seeds of Agricultural Plants and Vegetables Regulations,
2010, the Directorate may provide that the seed of a conservation variety may be certified as certified seed of a conservation variety
if it meets the following requirements:
(a) the seed originates from seeds produced according t o w e l l d e fi n e d p r a c t i c e s f o r t h e m a i n t e n a n
c e o f t h e conservation variety;
(b) the seed shall comply with the requirements for certification of certified seed provided for in sub-regulation (5) of regulation
3 of the Seeds of Agricultural Plants and Vegetables Regulations, 2010 except with the requirements in respect of minimum varietal
purity and the requirements concerning official examination or examination under official supervision; and
(c) the seed shall have sufficient varietal purity.
provided for in sub-regulation (1) of regulation 7and regulation
9 of the Seeds of Agricultural Plants and Vegetables Regulations,
2010, the Directorate may provide that seeds of a conservation variety be verified as standard seeds of a conservation variety if
it meets the following requirements:
(a) the seed shall comply with the requirements for the marketing of “standard seed” provided for in the Seeds of Agricultural
Plants and Vegetables Regulations, 2010
other than those requirements set out in respect of minimum varietal purity; and
(b) the seed shall have sufficient varietal purity.
(2) The tests referred to in sub-regulation (1) hereof shall be carried out in accordance with current international methods, or
in the absence of such, in accordance with any appropriate methods.
(3) Samples taken for the tests referred to in sub- regulation (1) hereof shall be drawn from homogeneous lots. The rules on lot
weight and sample weight provided for in Schedule IV to the Seeds of Agricultural Plants and Vegetables Regulations,
2010 shall be applied.
(2) The Directorate shall notify the Commission and the other Member States on the additional regions which it intends to approve for seed production pursuant to sub-regulation (1) hereof.
15. (1) Seeds of a conservation variety may only bemarketed if the following conditions are satisfied:
(a) they shall have been produced in their region of origin or in a region referred to in regulation 14 of these regulations; and
(b) marketing shall take place in their region of origin.
B 387
Seed testing
of a conservation variety.
Region of seed production of a conservation variety.
Marketing of seeds.
VERŻJONI ELETTRONIKAB 388
Quantitative restrictions for conservation varieties.
Application
of quantitative restrictions.
Sealing of packages of conservation varieties.
(2) By way of derogation from sub-regulation (1)(b) hereof, additional regions may be approved by the Directorate in Malta for
the marketing of seeds of a conservation variety provided that those regions are comparable to the region of origin as regards the
natural and semi-natural habitats of such variety. If the Directorate approves such additional regions, it shall ensure that the
amount of seed necessary for the production of at least the quantity of seed referred to in regulation 16 hereof is reserved to conserve
the variety in its region of origin. The Directorate shall inform the Commission and the other Member States of the approval of such
additional regions.
(3) If the Directorate approves additional regions for seed production in accordance with regulation 14 hereof, it shall not use
the derogation provided for in sub-regulation (2) of this regulation.
(2) If, based on the notifications referred to in sub- regulation (1) hereof, the quantities referred to in regulation 16 of these regulations are likely to be exceeded, the Directorate shall allocate to each producer concerned the quantity which may be marketed in the respective production season.
1 8. ( 1 ) T h e D i r e c t o r a t e s h a l l e n s u r e t h a t s e e d s o f conservation varieties shall be marketed only in closed packages bearing a sealing device.(2) Seed packages shall be sealed by the supplier in such a manner that they cannot be opened without damaging the sealing system
or leaving evidence of tampering with the supplier’s label, or with the package.
(3) In order to ensure sealing in accordance with sub- regulation (2) hereof, the sealing system shall at least include the label
or the affixing of a seal.
(a) the words “EC rules and standards”;
(b) the name and address of the person responsible for
affixing the labels or the identification mark of such person;
(c) the year of sealing expressed as: “sealed in (year)”, or the year of the last sampling taken for the purposes of the last
testing of germination expressed as: “sampled in (year)”;
(d) the species;
(e) the denomination of the conservation variety;
(f) the words “certified seed of a conservation variety”
or “standard seed of a conservation variety”; (g) the region of origin;
(h) where the region of seed production is different from the region of origin, the indication of the region of seed production;
(i) the reference number of the lot given by the
person responsible for affixing the labels;
(j) the declared net or gross weight, or declared number of seeds; and
(k) where the weight is indicated, and granulated pesticides, pelleting substances or other solid additives are used, the nature
of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.
(2) T he offic i a l post c ont rol re fe rre d t o i n sub-
regulation (1) hereof shall be carried out in accordance with current
B 389
Labelling of packages of conservation varieties.
Official post control for conservation varieties.
VERŻJONI ELETTRONIKAB 390
Monitoring of conservation varieties.
Acceptance of varieties developed for growing under particular conditions.
Substantive requirements for the acceptance of a variety developed for growing under
particular conditions.
international methods, or, in the absence of such, in accordance with any appropriate methods.
21. The Directorate shall ensure by means of official monitoring carried out during production and marketing, that the seeds of conservation varieties comply with these regulations, particularly taking into account the variety, the location of the seed production and quantities.22. (1) Varieties developed for growing under particular conditions may be accepted for inclusion in the national catalogues subject to the requirements provided for in regulations 23 and 24 of these regulations.(2) A variety developed for growing under particular conditions shall be accepted as a variety the seeds of which may only be verified as “standard seed of a variety developed for growing under particular conditions”. Such a variety shall be entered into the Common Catalogue of varieties of vegetable species as a “variety developed for growing under particular conditions the seeds of which shall be verified in accordance with regulation 27 of these regulations”.
23. (1) In order to be accepted as a variety developed for growing under particular conditions, as referred to in sub-regulation (2) of regulation 2 of these regulations, a variety shall be with no intrinsic value for commercial crop production but developed for growing under particular conditions.(2) A variety shall be considered as having been developed for growing under particular conditions if it has been developed for
growing under particular agro-technical, climatic or pedological conditions.
(3) The Directorate may adopt its own provisions as regards distinctness, stability and uniformity of varieties developed for growing
under particular conditions by way of derogation from sub-regulation (1) (a) and (b) of regulation 3 of the Examination of Varieties
of Vegetable Species Regulations, 2007. In such cases, the Directorate shall ensure that for the determination of distinctness and
stability, at least the characteristics referred to in the following shall apply:
(a) the technical questionnaires associated with the
test protocols of the Community Plant Variety Office (CPVO)
listed in Schedule I to the Examination of Varieties of Vegetable Species Regulations, 2007, which apply to those species, or
(b) the technical questionnaires of the guidelines of the International Union for the Protection of New Varieties of Plants (UPOV)
listed in Schedule II to the Examination of Varieties of Vegetable Species Regulations, 2007, which apply to those species.
(4) For the assessment of uniformity, the provisions of the Examination of Varieties of Vegetable Species Regulations,
2007 shall apply. However, if the uniformity level is established on the basis of off-types, a population standard of 10% and an acceptance
probability of at least 90 % shall be applied.
6 of the Seeds of Agricultural Plants and Vegetables Regulations,
2010, no official examination shall be required if a decision is taken by the Directorate regarding the acceptance of varieties developed
for growing under particular conditions based on the following information:
(a) the description of the variety developed for growing under particular conditions and its denomination;
(b) the results of unofficial tests;
(c) knowledge gained from practical experience during cultivation, reproduction and use, as notified by the applicant to the Directorate
concerned;
(d) other information in particular that obtained from the plant genetic resources authorities or from other organisations or entities
recognised as such by the Directorate.
(a) it is already listed in the Common Catalogue of varieties of vegetable species as a variety other than a variety developed for
growing under particular conditions; or
B 391
Procedural requirements of varieties developed for growing under particular conditions.
Exception to the acceptance
of varieties developed for growing under particular conditions.
VERŻJONI ELETTRONIKAB 392
Denominations
of varieties developed for growing under particular conditions.
Verification
of seeds of varieties developed for growing under particular conditions.
(b) it was deleted from such catalogue during the years
2008 to 2010 or within the two years immediately following the expiry period of the acceptance granted under sub- regulation (11)
of regulation 6 of the Seeds of Agricultural Plants and Vegetables Regulations, 2010; or
(c) it is protected by a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 on Community plant variety
rights or by a national plant variety right, or an application for such a right is pending.
(2) Notwithstanding sub-regulation (6) of regulation
6 of the Seeds of Agricultural Plants and Vegetables Regulations,
2010 providing that a variety shall be known by the same name in all Member States at the time of acceptance, the Directorate may
accept more than one name for a variety if the names concerned are historically known.
provided for in sub-regulation (1) of regulation 7 and regulation
9 of the Seeds of Agricultural Plants and Vegetables Regulations,
2010, the Directorate may provide that seed of a variety developed for growing under particular conditions be verified as standard
seed of a variety developed for growing under particular conditions if it meets the following requirements:
(a) the seed shall comply with the requirements for the marketing of “standard seed” provided for in the Seeds of Agricultural
Plants and Vegetables Regulations, 2010 other than those requirements set out in respect of minimum varietal purity; and
(b) the seed shall have sufficient varietal purity.
(2) The tests referred to in sub-regulation (1) hereof shall be carried out in accordance with current international methods, or in the absence of such, in accordance with any appropriate methods.
29. For each variety developed for growing under particular conditions, the quantity of seeds marketed in small packages shall not exceed the maximum net weight set out for the respective species in Schedule II to these regulations.30. (1) The Directorate shall ensure that seeds of varieties developed for growing under particular conditions shall be marketed only in closed packages bearing a sealing device.(2) Seed packages shall be sealed by the supplier in such a manner that they cannot be opened without damaging the sealing system
or leaving evidence of tampering with the supplier’s label, or with the package.
(3) In order to ensure sealing in accordance with sub- regulation (2) hereof, the sealing system shall at least include the label
or the affixing of a seal.
(a) the words “EC rules and standards”;
(b) the name and address of the person responsible for
affixing the labels or the identification mark of such person;
(c) the year of sealing expressed as: “sealed in (year)”, or the year of the last sampling taken for the purposes of the last
testing of germination expressed as: “sampled in (year)”;
(d) the species;
(e) the denomination of the variety;
B 393
Seed testing
of varieties developed for growing under particular conditions.
Quantitative restrictions
for varieties developed for growing under particular conditions.
Sealing of packages
of varieties developed for growing under particular conditions.
Labeling of packages of varieties developed for growing under particular conditions.
VERŻJONI ELETTRONIKAB 394
Official post control of varieties developed for growing under particular conditions.
Monitoring of varieties developed for growing under particular conditions.
(f) the words “variety developed for growing under particular conditions”;
(g) the reference number of the lot given by the person
responsible for affixing the labels;
(h) the declared net or gross weight, or declared number of seeds; and
(i) where the weight is indicated, and granulated pesticides, pelleting substances or other solid additives are used, the nature
of the chemical treatment or additive and the approximate ratio between the weight of clusters or pure seeds and the total weight.
(2) The official post control referred to in sub-regulation (1) hereof shall be carried out in accordance with current international methods, or in the absence of such, in accordance with any appropriate methods.
33. The Directorate shall ensure by means of official monitoring carried out during production and marketing that the seeds of varieties developed for growing under particular conditions comply with these regulations, particularly taking into account the variety and quantities.VERŻJONI ELETTRONIKAB 395
Schedule I
Regulation 16
Quantitative restrictions for the marketing of seed of conservation varieties
Botanical name | Maximum number of hectares per Member State for production of vegetables per conservation variety |
Allium cepa L. — Cepa group Brassica oleracea L. Brassica rapa L. Capsicum annuum L. Cichorium intybus L. Cucumis melo L. Cucurbita maxima Duchesne Cynara cardunculus L. Daucus carota L. Lactuca sativa L. Lycopersicon esculentum Mill. Phaseolus vulgaris L. Pisum sativum L. (partim) Vicia faba L. (partim) | 40 |
Allium cepa L. — Aggregatum group | 20 |
B 396
Allium porrum L. Allium sativum L. Beta vulgaris L. Citrullus lanatus (Thunb.) Matsum. et Nakai Cucumis sativus L. Cucurbita pepo L. Foeniculum vulgare Mill. Solanum melongena L. Spinacia oleracea L. | |
Allium fistulosum L. Allium schoenoprasum L. Anthriscus cerefolium (L.) Hoffm. Apium graveolens L. Asparagus officinalis L. Cichorium endivia L. Petroselinum crispum (Mill.) Nyman ex A. W. Hill Phaseolus coccineus L. Raphanus sativus L. Rheum rhabarbarum L. Scorzonera hispanica L. Valerianella locusta (L.) Laterr. Zea mays L. (partim) | 10 |
B 397
Schedule II
Regulation 29
Maximum net weight per package
Botanical name | Maximum net weight per package expressed in grams |
Phaseolus coccineus L. Phaseolus vulgaris L. Pisum sativum L. (partim) Vicia faba L. (partim) Spinacia oleracea L. Zea mays L. (partim) | 250 |
Allium cepa L. (Cepa group, Aggregatum group) Allium fistulosum L. Allium porrum L. Allium sativum L. Anthriscus cerefolium (L.) Hoffm. Beta vulgaris L. Brassica rapa L. Cucumis sativus L. Cucurbita maxima Duchesne | 25 |
B 398
Cucurbita pepo L. Daucus carota L. Lactuca sativa L. Petroselinum crispum (Mill.) Nyman ex A. W. Hill Raphanus sativus L. Scorzonera hispanica L. Valerianella locusta (L.) Laterr. | |
Allium schoenoprasum L. Apium graveolens L. Asparagus officinalis L. Brassica oleracea L. (all) Capsicum annuum L. Cichorium endivia L. Cichorium intybus L. Citrullus lanatus (Thunb.) Matsum. et Nakai Cucumis melo L. Cynara cardunculus L. Lycopersicon esculentum Mill. Foeniculum vulgare Mill. Rheum rhabarbarum L. Solanum melongena L. | 5 |
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