Examination of Varieties of Agricultural Plant Species Regulations, 2006 (L.N. 246 of 2006)

B 3567 L.N. 246 of 2006 PLANT QUARANTINE ACT (CAP. 433) Examination of Varieties of Agricultural Plant Species Regulations, 2006 IN exercise of the powers conferred by article 32 of the Plant Quarantine Act, the Minister for Rural Affairs and the Environment has made the following regulations> 1. (1) The title of these regulations is the Examination of Varieties of Agricultural Plant Species Regulations, 2006. (2) The scope of these regulations is to ensure that varieties of species of agricultural plants which shall be included in the national catalogue of such varieties in Malta shall comply with internationally recognised guidelines as regards the characteristics to be covered as a minimum by the examination and the minimum conditions for examining such varieties. 2. (1) Varieties of the agricultural plant species shall be officially accepted in the national catalogue within the meaning of regulation 8 (1) of the Seeds of Agricultural Plants and Vegetables Regulations, 2006 after fulfilling the requirements set out in the paragraphs below> (a) As regards distinctness, uniformity and stability, (i) the species listed in Schedule I to these regulations shall comply with the conditions laid down in the “Protocols for distinctness, uniformity and stability tests” of the Administrative Council of the Community Plant Variety Office, (hereafter referred to as the ‘CPVO’) which are relevant for the particular species< (ii) the species listed in Schedule II to these regulations shall comply with the “Guidelines for the conduct of tests for distinctness, homogeneity and stability” of the International Union for the Protection of New Varieties of Plants (hereafter referred to as ‘UPOV’) which are relevant for the particular species. Title and scope. Conditions for examination of varieties of agricultural plants. L.N. 81 of 2006. Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,985, 20 ta’ Ottubru, 2006 Taqsima B –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– B 3568 (b) As regards the value for cultivation or use, the varieties shall comply with the conditions laid down in Schedule III to these regulations without prejudice to regulation 8 (3) of the Seeds of Agricultural Plants and Vegetables Regulations, 2006. (2) All the varietal characteristics within the meaning of sub-regulation (1) (a) (i) of this regulation and any characteristics in the ‘UPOV’ referred to in sub-regualtion (1) (a) (ii) shall be used, provided that observation of a characteristic is not rendered impossible by the expression of any other characteristics and provided that the expression of a characteristic is not prevented by the environmental conditions under which the test is conducted. (3) It shall be ensured that in respect of the species listed in Schedules I and II to these regulations, the minimum requirements for carrying out the examinations in respect of trial design and growing conditions, as laid down in the test guidelines referred to in the said Schedules, are fulfilled at the time of the examinations. L.N. 81 of 2006. B 3569 SCHEDULE I Regulation 3(1)(a)(i) CPVO guidelines The following tables list the genera and species for which CPVO guidelines apply1. I. Cereals Table 1.1: Species listed in the Common Catalogue CPVO protocol Oats Oats, TP 20/1 of 6.11.2003 Barley Barley, TP 19/2 of 6.11.2003 Rye Rye, TP 58/1 of 31.10.2002 Triticale Triticale, TP 121/1 of 6.11.2003 Wheat Wheat, TP 3/3 of 6.11.2003 Durum wheat Durum wheat, TP 120/2 of 6.11.2003 Maize Maize, TP 2/2 of 15.11.2001 II. Fodder Plants Table 1.2: Species listed in the Common Catalogue CPVO protocol Leguminosae (Legumes) Field pea Pea, TP 7/1 of 6.11.2003 III. Potatoes Table 1.3: Species listed in the Common Catalogue CPVO protocol Potato Potato, TP 23/1 of 27.3.2002 These technical protocols can be found on the CPVO website www.cpvo.europa.eu B 3570 SCHEDULE II Regulation 3(1)(a)(ii) UPOV guidelines The following tables list the genera and species for which UPOV guidelines apply2. I. Cereals Table 2.1: Species listed in the Common Catalogue UPOV protocol Sorghum Sorghum, guideline TG/122/3 of 6.10.1989 II. Fodder Plants Table 2.2: Species listed in the Common Catalogue UPOV protocol Gramineae (Grasses) Velvet bent Bent, guideline TG/30/6 of 12.10.1990 Brown top Bent, guideline TG/30/6 of 12.10.1990 Red top Bent, guideline TG/30/6 of 12.10.1990 Creeping bent Bent, guideline TG/30/6 of 12.10.1990 Sheep’s fescue Sheep’s fescue, guideline TG/67/4 of 12.11.1980 Meadow fescue Meadow fescue, guideline TG/39/8 of 17.4.2002 Red fescue Red fescue, guideline TG/67/4 of 12.11.1980 Italian ryegrass Ryegrass, guideline TG/4/7 of 12.10.1990 Perennial ryegrass Ryegrass, guideline TG/4/7 of 12.10.1990 Smooth-stalked meadow grass Kentucky bluegrass, guideline TG/33/6 of 12.10.1990 Leguminosae (Legumes) Lucerne Lucerne, guideline TG/6/5 of 6.4.2005 Red clover Red clover, guideline TG/5/7 of 4.4.2001 Field bean Field bean, guideline TG/8/6 of 17.4.2002 Common vetch Common vetch, guideline TG/32/6 of 21.10.1988 2 These technical protocols can be found on the UPOV website www.upov.int B 3571 SCHEDULE III Regulation 3(1)(b) Examination of the value for cultivation or use The following are the characteristics as regards the examination of the value for cultivation or use: 1. Yield. 2. Resistance to harmful organisms. 3. Behaviour with respect to factors in the physical environment. 4. Quality characteristics. The methods used shall be specified when the results are submitted. Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press Prezz 12ç – Price 12c