B 2537
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,492, 2 ta’ Ottubru, 2020
Taqsima  B
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L.N. 383 of 2020
PLANT QUARANTINE ACT
(CAP. 433)
Propagation Material of Vines (Amendment) Regulations, 2020
IN EXERCISE of the powers confer red by article 32 of the Plant
Quarantine Act, the Minister responsible for agriculture has made the
following regulations:-
Citation and 
scope. 
S.L. 433.15.1. (1) The title of these regulations is the Propagation
Material of Vines (Amendment) Regulations, 2020, and these
regulations shall be read and construed as one with the Propagation
Material of Vines Regulations, he reinafter referred to as "the principal
regulations". 
(2) The scope of these regulations is to transpose Commission
Implementing Directive (EU) 2020/177 of 11 February 2020 amending
Council Directives 66/401/EEC, 66/402/EEC, 68/193/EEC, 2002/55/EC, 2002/56/EC and 2002/57/EC, Commission Directives 93/49/EEC
and 93/61/EEC and Implementing Directives 2014/21/EU and 2014/
98/EU as regards pests of plants on seeds and other plant repro ductive
material.
Amends the 
principal 
regulations.2. In the principal regulations, the words "the Department",
wherever they occur, shall be substituted by the words "the
Directorate",.
Substitutes 
regulation 2 of 
the principal 
regulations.3. Regulation 2 of the principal regulations shall be
substituted by the following:
 "2. (1) The scope of these regulations is to make
provisions to ensure that any propagation material of vine,
produced in Malta or placed on the market in Malta, or intended
to be moved to another Member State, meets specified standards
of quality.
(2) These regulations shall apply to plant material
utilised for the vegetative propagation of vines, hereinafterreferred to as the propagation material as hereinafter defined,produced and marketed within the European Union.
(3) These regulations transpose Council Directive 68/
193/EEC of 9 April 1968 on the marketing of material for thevegetative propagation material of the vine."
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Amends 
regulation 3 of 
the principal regulations.4. Regulation 3 of the principal r egulations shall be amended
as follows:
 (a) the definition "the Department" thereof shall be
deleted;
(b) the definition "the Director" thereof shall be
substituted by the following:
" "the Director" means the Director responsible for
the Directorate;";
(c) immediately after the definition "the Director"
thereof, there shall be adde d the following new definition:
" "the Directorate" means the Directorate or
Department responsible for plant health;"; and
(d) immediately after the definition "propagation
material", there shall be added the following new definition:
" "regulated non-quarantine pests", hereafter referred
to as "RNQPs", means a pest that fulfils all the conditions set
out under Article 36 of Regulation (EU) 2016/2031 of theEuropean Parliament and the Council as regards protective
measures against pests of plant s, and is included in the list o f
Union regulated non-quarantin e pests under Annex IV of
Commission Implementing Regulation (EU) 2019/2072establishing uniform conditions for the implementation of
Regulation (EU) 2016/2031 a nd repealing Commission
Regulation (EC) No 690/2008 and amending Commission
Implementing Regulation (EU) 2018/2019;".
Substitutes 
regulation 4 of the principal 
regulations.5. Regulation 4 of the principal regulations shall be
substituted by the following: 
Notification. "4. (1) Professional operators introducing vine
propagation material from another EU Member State shall
declare the introduction of such material forty-eight (48) hours
prior to its arrival in Malta, through the Supplementary
Declaration System of Malta (Int rastat), of each lot received b y
them.
(2) The non-professional fina l users being supplied with
vine propagation material from another EU Member State shall
also inform the Directorate by means of the EU Plant
Notification Form (For Genera l Public) available on the
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Directorate’s website, forty-ei ght (48) hours prior to the arri val
of the plant material in Mal ta of each lot received by them.
(3) The professional opera tors and the non-professional
final users being supplied with vine propagation material being
imported from a third country shall also inform the Directorate
by means of the Third Countries N otification Form available on
the Directorate’s website fort y eight hours (48) prior to the
arrival, of the plant material i n Malta of each lot received by
them.".
Deletes 
regulations 5 
and 6 of the principal 
regulations.6. Regulations 5 and 6 of the principal regulations shall be
deleted.
Substitutes 
Schedule I 
annexed to the 
principal regulations.7. Schedule I annexed to the pri ncipal regulations shall be
substituted by the following:
"SCHEDULE I
Conditions relating to the growing crop
Section A – Identity, purity and cultural conditions
1. The growing crop shall have identity and purity with
regard to the variety and, where applicable the clone. 
2. The cultural conditions and the level of development
of the growing crop shall be such as to allow sufficient checks  on
the identity and purity of the growing crop with regards to the
variety and, if necessary, the cl one, as well as its state of health.
Section B – Health requirements for stock nurseries intended
for the production of all categor ies of propagating material and for
cutting nurseries of all categories
1. This Section shall apply to stock nurseries intended
for the production of all categor ies of propagating material, a nd
to cutting nurseries of a ll those categories.
2. The stock nurseries and the cutting nurseries shall, by
visual inspection, be found free from the regulated non-
quarantine pests (RNQPs) listed in Sections F and G , as regardsthe genus or species concerned.
The stock nurseries and the cutting nurseries shall be
sampled and tested for the RNQPs listed in Section G, as regard s
the genus or species concerned. In case of doubts concerning th e
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presence of the RNQPs listed in  Sections F and G , as regards th e
genus or species concerned, the stock nurseries and cutting
nurseries shall be sampled and tested.
3. Visual inspection and, where appropriate, sampling
and testing of the stock nurse ries and cutting nurseries concer ned
shall be carried out pursuant to Section H.
4. Sampling and testing, as provided for in item 2, shall
take place in the most appropria te period of the year taking in to
account the climatic conditions a nd the growing conditions of
the vine, and the biology of the RNQPs relevant for that vine.
As regards sampling and testing, the Directorate shall apply
protocols of the European and M editerranean Plant Protection
Organisation (EPPO), or other protocols which areinternationally recognised. Where such protocols do not exist,the relevant protocols established for Malta shall be applied. In
that case, the Directorate shall,  on request, make available th ose
protocols to the other Member States and to the EuropeanCommission.
As regards sampling and testing of vines in the stock
nurseries intended for the pr oduction of initial propagating
material, the Directorate shal l apply biological indexing on
indicator plants to assess the presence of viruses, viroids, vi rus-
like diseases and phytoplasmas, o r other equivalent protocols
which are internationally recognised.
Section C - Soil requirements and production conditions for
stock nurseries intended for the production of all categories ofpropagating material, and for cu tting nurseries of all categori es of
propagating material
1. The vines in stock nurseries and cutting nurseries
may only be planted in soil or, where appropriate, in pots with
growing media, free from any pests which may host the viruses
listed in Section G. Fr eedom from such pests shall be establish ed
by sampling and testing.
That sampling and testing shall be carried out taking into
account the climatic conditions and the biology of the pestswhich may host the viruses listed in Section G.
2. Sampling and testing shall not be carried out when
the official control authority concludes on the  basis of an off icial
inspection that the so il is free from any pests which may host the
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viruses listed in Section G.
Sampling and testing shall also not be carried out where
vines have not been grown in the soil of production for a perio d
of at least five years and whe re there is no doubt concerning t he
absence in that soil of the pest s which may host the viruses li sted
in Section G.
3. As regards sampling and te sting, the Directorate shall
apply protocols of the EPPO, or other protocols which are
internationally recognised. Where such protocols do not exist,
the Directorate shall apply the relevant protocols established for
Malta. In that case, the Directorate shall, on request, make
available those protocols to the  other Member States and to the
European Commission.
Section D - Requirements with regard to the production site,
place of production or area
1. The stock nurseries and the cutting nurseries shall be
established under appropriate conditions to prevent any risk ofcontamination by pests which may host the viruses listed in
Section G.
2. The cutting nurseries shall not be establ ished within a
vineyard or stock nursery. The minimum distance from avineyard or stock nursery shall be three meters.
3. In addition to the health and soil requirements, and
production conditions of Sections B and C, propagating materialshall be produced in accordance with the requirements for the
production site, place of production, or area as laid down inSection H to limit the presence of the pests listed in that Section.
Section E - Official inspections
1. The propagating material produced in stock nurseries
and cutting nurseries shall b e found to comply with the
requirements of Sections B to D through annual official cropinspections.
2. Those official inspections shall be carried out by the
official control authority in accordance with Section H.
3. Additional official crop inspections shall be carried
out in cases of disputes on matters which can be decided withou t
prejudice to the quality of  the propagating material.
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Section F - List of RNQPs for the presence of which visual
i n s p e c t i o n ,  a n d  i n  t h e  c a s e  o f  d o ubts, sampling and testing are
required pursuant to item 2 of Section B
Section G - List of RNQPs for the pr esence of which visual
inspection, and in particular cases, sampling and testing are
required pursuant to item 2 of Section B and Section H
Section H - Requirements concerning measures for Vitis L.
stock nurseries and, where app licable, cutting nurseries per
category, pursuant to item 2 of Section B
Vitis  L.
1. Initial propagating material, basic propagating
material and certified material
Visual inspectionsGenus or species of vine 
propagating material other than 
seedsRNQPs
Non-grafted Vitis vinifera  L. Insects and mites
Viteus vitifoliae  Fitch (VITEVI)
Vitis  L. other than non-grafted
Vitis vinifera L.Insects and mites
Viteus vitifoliae  Fitch (VITEVI)
Vitis  L. Bacteria
Xylophilus ampelinus  Willems et al.
(XANTAM)
Vitis  L. Viruses, viroids,  virus-like diseases
and phytoplasmasCandidatus  Phytoplasma solani
Quaglino et al. [PHYPSO]
Genus or species RNQPs
Vitis  L. propagating
material other than seedsViruses, viroids, virus-like diseases and 
phytoplasmasArabis mosaic virus (ARMV00)
Grapevine fanleaf  virus (GFLV00)
Grapevine leafroll associated virus 1 (GLRAV1)Grapevine leafroll associated virus 3 (GLRAV3)
Rootstocks  of Vitis  spp.
and their hybrids, except Vitis
vinifera L.Viruses, viroids, virus-like diseases and phytoplasmasArabis mosaic virus  (ARMV00)
Grapevine fanleaf  virus (GFLV00)
Grapevine leafroll associated virus 1 (GLRAV1)Grapevine leafroll associated virus 3 (GLRAV3)Grapevine fleck virus (GFKV00)
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The official control author ity shall carry out visual
inspections on stock nurseries and cutting nurseries at least o nce
per growing season for all RNQPs listed in Sections F and G.
2. Initial propagating material
Sampling and testing
All vines in the stock nurseri es intended for the production
of initial propagating material, shall be sampled and tested
concerning the presence of Arabis  mosaic virus, Grapevine
fanleaf virus, Grapevine Leafroll-associated Virus 1 andGrapevine Leafroll-associated Virus 3. That sampling and testin g
shall be repeated with subsequent intervals of five years.
The stock nurseries intended for the production of
rootstocks shall be, in addition to the sampling and testing of  the
viruses referred to in the first  indent, sampled and tested onc e
concerning the presence of Grapevine fleck virus.
The results of sampling and testing shall be available
before acceptance of the s tock nurseries concerned.
3. Basic propagating material
Sampling and testing
All vines in the stock nurseri es intended for the production
of basic propagating material  shall be sampled and tested
concerning the presence of Arabis  mosaic virus, Grapevine
fanleaf virus, Grapevine Leafroll-associated Virus 1 and
Grapevine Leafroll-associated Virus 3.
Sampling and testing shall start from six-year-old stock
nurseries and with subsequent intervals of six years.
The results of sampling and testing shall be available
before acceptance of the s tock nurseries concerned.
4. Certified material
Sampling and testing
A representative portion of vines in a stock nursery
intended for the production of certified material shall be samp led
and tested concerning the presence of Arabis  mosaic virus,
Grapevine fanleaf virus, Grapev ine Leafroll-associated Virus 1
and Grapevine Leafroll-associated Virus 3.
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Sampling and testing shall start from ten-year-old stock
nurseries and with subsequent intervals of ten years.
The results of sampling and testing shall be available
before acceptance of the stock nurseries concerned.
5. Initial propagating material, basic propagating
material, and certified material
Requirements with regard to the production site, place
of production or area and according to the RNQPs
concerned:
(a) Candidatus  Phytoplasma solani  Quaglino et al.
(i) Vines shall be produced in areas known to be
free from Candidatus Phytoplasma solani Quaglino et al.;
or
(ii) no symptoms of Candidatus Phytoplasma
solani  Quaglino et al.  have been observed on vines in the
production site over the last complete growing season; or
(iii) the following conditions shall be fulfilled with
regard to the presence of Candidatus Phytoplasma solani
Quaglino et al.:
— all vines in the stock nurseries intended
for the production of initia l propagating material and
basic propagating material showing symptoms ofCandidatus  Phytoplasma solani Quaglino et al.  have
been rogued out; and
— all vines in the stock nurseries intended
for the production of certified material showingsymptoms of Candidatus  Phytoplasma solani
Quaglino et al.  have been at least excluded from
propagation; and
— in the case where propagating material
which is intended for marketing shows symptoms ofCandidatus Phytoplasma solani  Quaglino et al.,  t h e
e n t i r e  l o t  o f  t h a t  m a t e r i a l shall be subjected to hot
water treatment, or another  appropriate treatment in
accordance with protocols of EPPO, or otherprotocols which are inte rnationally recognised to
ensure freedom from Candidatus  Phytoplasma  solani
Quaglino et al.
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(b) Xylophilus ampelinus Willems et al.
(i) Vines shall be produced in areas known to be
free from Xylophilus ampelinus  Willems et al.; or
(ii) no symptoms of Xylophilus  ampelinus  Willems
et al.  have been observed on vines in the production site
over the last complete growing season; or
(iii) the following conditions shall be fulfilled with
regard to the presence of Xylophilus ampelinus  Willems et
al.:
— all vines in the stock nurseries intended
for the production of initial propagating material,
basic propagating material , and certified material
showing symptoms of Xylophilus ampelinus  Willems
et al.  have been rogued out and appropriate hygiene
measures shall be taken, and
— vines in the production site showing
symptoms of Xylophilus ampelinus  Willems et al .
shall be treated with a bactericide after pruning to
e n s u r e  f r e e d o m  f r o m  Xylophilus ampelinus  Willems
et al.; and
— in the case where propagating material
which is intended for marketing shows symptoms of
Xylophilus ampelinus  Willems et al., the entire lot of
that material shall be subjected to hot water treatment
or another appropriate treat ment in accordance with
protocols of EPPO, or other internationally
recognised protocols to ensure freedom from
Xylophilus ampelinus  Willems et al.
(c) Arabis  mosaic virus, Grapevine fanleaf virus,
Grapevine Leafroll-associated Virus 1 and GrapevineLeafroll-associated Virus 3
(i) The following conditions shall be fulfilled with
regard to the presence of Arabis  mosaic virus, Grapevine
fanleaf virus, Grapevine Leafroll-associated Virus 1 and
Grapevine Leafroll-associated Virus 3:
— no symptoms of any of those viruses have
been observed on vines in stock nurseries intendedfor the production of initial propagating material and
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basic propagating material; and
— symptoms of those viruses have been
observed on no more than 5% of vines in stock
nurseries intended for the production of certified
material, and those vines have been rogued out and
destroyed; or
(ii) all vines in the stock nurseries intended for the
production of initial propagat ing material, and initial
propagating material shall be maintained in insect proof
facilities to ensure freedom  from Grapevine Leafroll-
associated Virus 1 and Grapevine Leafroll-associated Virus3.
(d) Viteus vitifoliae Fitch
(i) Vines shall be produced in areas known to be
free from Viteus vitifoliae  Fitch, or
(ii) vines shall be grafted on rootstocks resistant to
Viteus vitifoliae  Fitch, or
— all vines in the stock nurseries intended
for the production of initial propagating material, andall initial propagating material shall be maintained ininsect proof facilities and no symptoms of Viteus
vitifoliae Fitch have been observed on those vinesover the last complet e growing season; and
— in the case where propagating material
which is intended for marketing shows symptoms ofViteus vitifoliae  Fitch, the entire lot of that material
shall be subjected to fumig ation, hot water treatment,
or another appropriate treatment in accordance withprotocols of EPPO, or other protocols which areinternationally recognised to ensure freedom from
Viteus vitifoliae  Fitch.
6. Standard material
Visual inspections
The official control authority shall carry out visual
inspections on stock nurseries a nd cutting nurseries at least once
per growing season for all RNQPs listed in Sections F and G.
Requirements with regard to the production site, place
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of production or area and according to the RNQP(s)
concerned:
(a) Candidatus Phytoplasma solani Quaglino et al.
(i) Vines shall be produced in areas known to be
free from Candidatus  Phytoplasma solani  Quaglino et al.;
or
(ii) no symptoms of Candidatus  Phytoplasma
solani  Quaglino et al.  have been observed on vines in the
production site over the last complete growing season; or
(iii) all vines in the stock  nurseries intended for the
production of standard material showing symptoms of
Candidatus  Phytoplasma solani  Quaglino et al.  have been
at least excluded from propagation; and
— in the case where propagating material
which is intended for marketing shows symptoms of
Candidatus  Phytoplasma solani  Quaglino et al.,  t h e
e n t i r e  l o t  o f  t h a t  m a t e r i a l shall be subjected to hot
water treatment, or another appropriate treatment inaccordance with protocols of EPPO, or other
protocols which are internationally recognised toensure freedom from Candidatus  Phytoplasma solani
Quaglino et al.
(b) Xylophilus ampelinus  Willems et al.
(i) Vines shall be produced in areas known to be
free from Xylophilus ampelinus  Willems et al.; or
(ii) no symptoms of Xylophilus ampelinus  Willems
et al.  have been observed on vines in the production site
over the last complete growing season; or
(iii) the following conditions shall be fulfilled with
regard to the presence of Xylophilus ampelinus  Willems et
al.:
— all vines in the stock nurseries intended
for the production of standard material showing
symptoms of Xylophilus ampelinus  Willems et al.
have been rogued out and appropriate hygiene
measures shall be taken; and
— vines in the production site showing
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symptoms of Xylophilus ampelinus  Willems et al.
shall be treated with a bactericide after pruning to
ensure freedom from Xylophilus ampelinus  Willems
et al.;  and
— in the case where propagating material
which is intended for marketing shows symptoms ofXylophilus ampelinus  Willems et al., the entire lot of
that material shall be subjected to hot water treatmentor another appropriate treatment in accordance with
protocols of EPPO, or other protocols which are
internationally recognised to ensure freedom fromXylophilus ampelinus  Willems et al.
(c) Arabis  mosaic virus, Grapevine fanleaf virus,
Grapevine Leafroll-associated Virus 1 and GrapevineLeafroll-associated Virus 3
Symptoms of all viruses ( Arabis  mosaic virus,
Grapevine fanleaf virus, Grapevine Leafroll-associatedVirus 1 and Grapevine Leafroll-associated Virus 3) have
been observed on no more than 10% of vines in the stock
nurseries intended for the pr oduction of standard material
and those vines have been eliminated from propagation.
(d) Viteus vitifoliae  Fitch
(i) Vines shall be produced in areas known to be
free from Viteus vitifoliae  Fitch, or
(ii) vines shall be grafted on rootstocks resistant to
Viteus vitifoliae  Fitch, or:
(iii) in the case where propagating material which is
intended for marketing show ing signs or symptoms of
Viteus vitifoliae  Fitch, the entire lot of that material shall be
subjected to fumigation, hot water treatment, or another
appropriate treatment in accordance with protocols of
EPPO, or other protocols which are internationallyrecognised to ensure freedom from Viteus vitifoliae  Fitch."
Substitutes 
Schedule II 
annexed to the 
principal regulations.8. Item 2 of Section A of Schedule II annexed to the principal
regulations shall be substituted by the  following:
"2. Health of propagation material  
Propagating material shall be practically free from any
pests which reduce the usefulne ss and quality of the propagatin g
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material.
Propagating material shall also comply with the
requirements concerning Union qua rantine pests and protected
zone quarantine pests provided f or in implementing acts adopted
pursuant to Regulation (EU) 2016/2031, as well as the measures
adopted pursuant to Article 30(1) of the said Regulation.".
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_________________________________________________________________________________________________________________________
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