Plant Quarantine (Harmful Organisms) (Amendment) (No. 2) Regulations, 2009 (L.N. 100 of 2009)

B 1259 Suppliment tal-Gazzetta tal-Gvern ta' Malta Nru. 18,396, 30 ta' Marzu, 2009 Taqsima B L.N.100 of 2009 PLANT QUARANTINE ACT (CAP. 433) Plant Quarantine (Harmful Organisms) (Amendment) (No. 2) Regulations, 2009 IN exercise of the powers conferred by article 32 of the Plant Quarantine Act, the Minister for Resources and Rural Affairs has made the following regulations: 1. (1) The title of these regulations is the Plant Quarantine Title and scope. (Harmful Organisms)(Amendment) (No. 2) Regulations, 2009 and they shall be read and construed as one with the Plant Quarantine (Harmful Organisms) Regulations, 2004, hereinafter referred to as L.N.97of2004. "the principal regulations". (2) The scope of these regulations is to transpose Commission Directive 2009/7/EC of 10 February, 2009 amending Directive 2000/29/EC. 2. Schedule I to the principal regulations shall be amended as follows: (a) in Part A, Section I, under heading (a) thereof, shall be amended as follows: (i) immediately after point 10. there shall be added the new point 10.0 as follows: "10 .0 Dendrolimus sibiricus Tschetverikov"; (ii) for the words "10.4 Diubrotica virgifera Le Conte", there shall be substituted the words " 10 .4 Diabrotica virgifera zeae Krysan & Smith"; (iii) immediately after point 19 thereof, there shall be added the new point 19.1 as follows: "19 .1. Rhynchophorus palmarum (L.)"; and Amends Schedule I to the principal regulations. B 1260 Amends Schedule II to the principal regulations. (b) immediately after heading (a) under Section II, and before point 1., there shall be added the following words: ' O.l. Diabrotica virgifera virgifera Le Conte'. 3. Schedule II to the principal regulations shall be amended as follows: (a) in Part A, Section I (i) heading (a) thereof shall be amended as follows: (1) immediately after point 1 there shall be added the following new point 1.1 as follows: " I. I. Agrilus planipennis Fairmaire Plants intended for planting, other than plants in tissue culture and seeds, wood and bark of Fraxinus L., Jug/ans mandshurica Maxim. , Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. , originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA"; (2) point 24 thereof shall be deleted; (3) immediately after point 28 thereof, there shall be added the following new point: "28. 1. Scrobipalpopsis solanivora Povolny I Tubers of Solanum tuberosum L."; (ii) heading (c) thereof shall be amended as follows: (a) immediately after point 1.4 there shall be added the following new point: ·'14. 1. Stegophora ulmea (Schweinitz: Fries) Sydow & Plants of Ulmus L. and Zelkova L. , intended for planting, other than seeds"; and Sydow (iii) follows: heading (d) thereof shall be amended as B 126l (a) immediately after point 5 thereof, there shall be added the following new point: "5.1. Chrysanthemum stem necrosis vims Plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds"; and (b) heading (a) of Section II thereof, shall be amended as follows: (i) immediately after point 6 thereof, there shall be added the following new points: '·6A. Eutetranychus orientalis Klein 6B. Helicoverpa armigera (Ilnbner) 6C. Parasaissetia nigra (Nietner) I Plants of Citrus L. , Fortune/la Swingle, Poncirus Raf , and their hybrids, other than fruit and seeds I Plants of Dendranthema (DC.) Des Moul, Dianthus L., Pelargonium l'Herit. ex Ait. and of the family Solanaceae, I intended foe planting, othcc th,n seeds Plants of Citrus L., Fortune/la S·wingle, Poncirus Raf, and their hybrids, other than fruit and seeds"; and (ii) immediately after point 9 thereof, there shall be added the following new point 10 as follows: " 10. Paysandisia archon (Burmeister) Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Ma.rt., Butia Becc., Chamaerops L. , Jubaea Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus Mart., Trachycarpus H. Wendi., Trithrinax Mart. , Washingtonia Raf.". 4. Part A of Schedule IV to the principal regulations shall be amended as follows: Amends Schedule IV to the principal regulations. (a) in Section I thereof (i) immediately after point 2.2 thereof, there shall be added the following new points: B 1262 "2.3. Whether or not listed among CN codes in Schedule V, Part B, wood of Fraxinus L., Jug/ans mandshurica Maxim. , Ulmus davidiana Planch., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., other than in the form of chips, obtained in whole or part from these trees. Official statement that the wood: (a) originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire in accordance with the relevant International Standards for Phytosanitary Measures; or (b) is squared so as to remove entirely the wood packaging material, in the fom, of round surface. packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards, pallet collars, actually in use in the transport of objects of all kinds, ,vood used to ,vedge or support non-wood cargo, but including wood which has not kept its natural round surface, originating in Canada, China, Japan, Mongolia, Republic of Korea, I Russia, Taiwan and USA 2.4. Whether or not listed an1ong CN codes in Schedule V, Part B. wood in the form of chips obtained in whole or part from Fraxinus L., Jug/ans mandshurica Maxim. , Ulmus davidiana Planch .. Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea. Russia. Taiwan and USA 2.5. Isolated bark of Fraxinus L., Juglans mandshurica Maxim., Ulmus davidiana Planch. , Ulmus parvijolia Jacq. and Pterocarya rhoifolia Siebold & Zucc. originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA Official statement that the wood: (a) originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire in accordance with the relevant International Standards for Phytosanitary Measures: or (b) has been processed into pieces of not more than 2,5 cm thickness and width. Official statement that the isolated bark: (a) originates in an area established by the national plant protection organisation in the country of export as being free from Agrilus planipennis Fairmaire in accordance with the relevant International Standards for Phytosanitary Measures: or (b) has been processed into pieces of not more than 2,5 cm thickness and width.'"; (ii) immediately after point 11.3 the reof, there shall be added the following new point 11.4: ' ' I l .4. Plants of Fraxinus L., Jug/ans Official statement that the plants: mandshurica Maxim., Ulmus davidiana B 1263 Planch., Ulmus parvijolia Jacq. and Pterocarya (a) have been grown throughout the ir life in an rhoifolia Siebold & Zucc., intended for area free from Agrilus planipennis Faim,aire, planting, other than seeds and plants in tissue established by the national plant protection culture originating in Canada, China, Japan, organisation in accordance with relevant Mongolia, Republic of Korea, Russia, Taiwan International Standards for Phytosanitary and USA Measures: or (b) have, for a period of at least two years prior to export, been grown in a place of production where no signs of Agrilus planipennis Fairmaire have been observed during two official inspections per year carried out at appropriate times, including immediately prior to export."; (iii) under the heading " Special requirements" in point 14 thereof, for the words "Official statement that no symptoms of Elm phloem necrosis mycoplasm have been observed at the place of production or its immediate vicinity s ince the beginning of the last complete cycle of vegetation." the re shall be substituted the words "Without prejudice to the provis ions applicable to the plants in Schedule IV (A)(l)(l 1.4), official statement that no symptoms of E lm phloem necrosis mycoplasm have been observed at the place of production or in its immediate vicinity s ince the beginning of the last complete cycle of vegetation." ; (iv) immediately after point 25 .4 thereof, there shall be added the following new points: '-25.4. 1. Tubers of Solanum tuberosum L. Without prej udice to the provisions applicable other than those intended for planting to tubers listed in Schedule Ill(A)( 12) and Schedule IV(A)(I)(25. l ), (25.2) and (25.3), official statement that the tubers originate in areas in which Pseudomonas solanacearum (Smith) Smith is not known lo occur. 25.4.2. Tubers of Solanum tuberosum L. Without prejudice to the provisions applicable to tubers listed in Schedule [ll(A)( l 0), (11) and (12) and Schedule IV(A)(I)(25 . l ), (25.2), (25.3), (25.4) and (25.4.1), official statement that: B 1264 (a) the tubers originate in a country where Scrobipalpopsis solanivora Povolny is not kno,vn to occur; or (b) the tubers originate in an area free from Scrobipalpopsis solanivora Povolny, established by the national plant protection organisation in accordance with relevant International Standards for Phytosanitary Measures." ; (v) point 25.8 shall be deleted; (vi) immediately after point 28 thereof, there shall be added the following new point: ' ·28.1. Plants of Dendranthema (DC.) Des Moul. and Lycopersicon lycopersicum (L.) Karsten ex Farw., intended for planting, other than seeds Without prejudice to the requirements applicable to the plants listed in Schedule ITI(A)(l3), Schedule IV(A)(I) (25.5), (25.6), (25.7), (27.1), (27.2) and (28), official statement that: (a) the plants have been grown throughout their life in a country free from Chrysanthemum stem necrosis vims; or (b) the plants have been grown throughout their life in an area established by the national plant protection organisation in the country of export as being free from Chrysanthemum stem necrosis vims in accordance with the relevant International Standards for Phytosanitary Measures; or (c) the plants have been grown throughout their life in a place of production, established as being free from Chrysanthemum stem necrosis virus and verified through official inspections and, v,1here appropriate, testing.·'; and B 1265 (vii) immediately after point 37 thereof, there shall be added the following new point 37 .1: '·37 1. Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart.. Butia Becc .. Chamaerops L., Juhaea Kunth, Livistona R. Br., Phoenix L. , Sabal Adans., Syagrus Mart., Trachycarpus H. WendL Trithrinax Mart., Washingtonia Raf. Without prejudice to the prohibitions applicable to the plants listed in Schedule UI(A)( 17) and the requirements listed in Schedule IV(A)(l)(37) official statement that the plants: (a) have been grown throughout their Ii fc in a country where Paysandisia archon (Burmeister) is not known to occur: or (b) have been grown throughout their life in an ~a ~e ~m Pey~~0 a~M (Burmeister), established by the national plant protection organisation in accordance with relevant [ntemational Standards for Phytosanitary Measures; or (c) have, during a period of al least t,vo years prior to export, been grO\vn in a place of production: which is registered and supervised by the national plant protection o rganisation in the country of origin, and where the plants were placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive treatments. and where, during three official inspections per year carried out at appropriate times, including immediately prior to export, no signs of Paysandisia archon (Burmeister) have been obserYed. " : and (b) in Section II thereof immediately after point 19 thereof, there shal l be added the following new point: B 1266 ·' t 9. 1. Plants of Palmae, intended for planling, I Official statement that Lhe plants: having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Bccc., Chamaerops L. , Jubaea Kunlh, Livistona R. Br., Phoenix L. , Sabal Adans. , Syagrus Mart. , Trachycarpus H. Wendi. , Trithrinax Mart., Washingtonia Raf. (a) have been grown throughout Lheir life in an area free from Paysandisia archon (Burmeister), established by the national plant protection organisation in accordance wilh relevant Inte rnational Standards for Phytosanitary Measures; or Amends Schedule V to the principal regulations. (b) have, during a period of at least two years prior to movement, been grown in a place of production: which is registered and supervised by the responsible official body in the Member State of origin, and where the plants ,vcre placed in a site with complete physical protection against the introduction of Paysandisia archon (Burmeister) or with application of appropriate preventive trcalments, and where, during three official inspections pe r year carried out at appropriate times, no signs of Paysandisia archon (Burmeister) have been observed." . 5. Schedule V to the principal regulations shall be amended as follows: (a) in Part A item I thereof, immediately after point 2.3 thereof, there shall be added the following new point: "2.3.1 . Plants of Palmae, intended for planting, having a diameter of the stem at the base of over 5 cm and belonging to the following genera: Brahea Mart., Butia Becc., Chamaerops L., Jubaea K unth , livistona R. Br. , Phoenix L., Sabal Adans ., Syagrus Mart., Trachycarpus H. Wendi., Trithrinax Mart., Washingtonia Raf."; (b) in Part B item I thereof , the re sha ll be added the fo llowing new indents: ex 4407 99 '·ex 4407 93 4407 95 ex 4407 99 B 1267 (i) the follow ing third indent is added to point 5: ' - Fraxinus L.,Juglans mandshurica Maxim., Ulmusdavidiana Planch., Ulmus parvifoliaJacq .and Pterocarya rhoifolia Siebold & Zucc., originating in Canada, China, Japan, Mongolia, Republic of Korea, Russia, Taiwan and USA.' and ( ii) the fo llowing s ixth indent is added to point 6(a): ' - Fra.xinus L.,Juglans mandshurica Maxim., Ulmus davidiana Planch ., Ulmus parvifolia Jacq. and Pterocarya rhoifolia Siebold & Zucc., including wood which has not kept its natural round surface , originating in Canada, China, Japan, Mongolia, Republic of Korea , Russia, Taiwan and USA.'; and ( c) for the words Non-coniferous wood ( other than tropical wood specified in subheading note I to Chapter 44 or other tropical wood, oak (Quercus spp.) or beech (Fagus spp. ), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end ·ointed. of a thickness cxceedin 6 mm .. there shall be substituted the words Wood of Acer saccharum Marsh. sawn or chipped lengthwise, sliced or peeled. whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm Wood of ash (Fraxinus spp.) sawn or chipped lengthwise, sl iced or peeled, whether or not planed. sanded or end-jointed, of a thickness exceeding 6 mm Non-coniferous wood (other than tropical wood specified in subheading note I to Chapter 44 or other tropical wood, oak (Quercus spp.), beech (Fagus spp.), maple (Acer spp.), cherry (Prunus spp.) or ash (Fraxinus spp. ), sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm".