Legal Requirements of MOR’s

1. Legal Requirements of MOR’s Natasha Farrugia Senior Agricultural Officer Plant Health Directorate In-house training 26th February 2016

2. What is the Malta Official Register? • The Malta official Register (MOR) is an official register (database) of the Plant Health Directorate having information on all traders and producers of plants and plant material. - Registration in accordance to Council Directive 92/90 EEC establishing obligations to which producers and importers of plants, plant products and other objects are subject and establishing details for their registration

3. Registration • Registration is a legal obligation under regulation 6 of S.L. 433.03 Plant Quarantine (Harmful organisms) Regulations • It allows for efficient operation of plant health checks • Each registered ‘activity’ is assigned a unique official registration number MOR YY-NNN

4. Who must be registered? S.L. 433.03 Regulation 6 states that: • No person shall carry out any of the following activities unless such person is registered in the official register under the provisions of these regulations: • propagating, growing and trading or any other activity associated with any plants, plant products or other objects listed in Part A of Schedule V and seeds referred to in Part A of Schedule IV; (ii) importation of any plant, plant product or other object listed in Part B of Schedule V, and seeds referred to in Part A of Schedule IV; (iii) production or the management of collective warehouses or dispatching centres of: (1) Tubers of Solanum tuberosum L., other than seed potatoes. (2) Fruits of Citrus L., Fortunella Swingle, Poncirus Raf., and their hybrids.

5. Exemptions for registration The Director may, in cases where there is no risk of any spreading of harmful organisms, exempt any person who qualifies as a small producer or processor A small producer is defined as a person who; (i) carries out the activity of propagating, growing, and, or selling of plant material on a part time basis, and (ii) sells to or trades directly with the consumer, and (iii) is not involved in the movement of plant material to and from other Member States, and (iv) does not carry out any importation activities of plant and plant products:

6. Legal obligations for registered activities Obligations for registered persons are defined in Regulation 7 of S.L 433.03. These state that a registered person shall; • meet obligations relating to the assessment or improvement of the plant health situation • keep an updated plan of the premises (iii) keep records on plants, plant products or other objects, for at least one year, on purchased for storage or planting on the premises, under production, and dispatched to others (iv) authorised person shall carry visual observations • give information to the Director and ensure access to plant health inspectors for inspection of the premises, documentation and sampling • Inform PHD of any changes in registration

7. Ensuring Legal obligations are met • Plant Health inspectors carry out inspections on an annual basis on those registered in the MOR. The annual inspection is carried out against an appointment agreed (in writing) with the applicant. One of either the applicant, authorised person, or responsible person must be present during the annual inspection and sign the preliminary inspection sheet • A report is then drawn up and sent to the applicant with the findings of the inspection, and outlining any requirements and legal obligations that are non-compliant. • A follow-up inspection may be required to see that those obligations have been met in the time frame provided. A follow-up inspection is normally carried out within 90 days from the first inspection • Annual inspections may be subject to fees as per S.L. 433.01 where applicable

8. Legal requirements for operating • All those registered in the Malta Official Register (MOR) have specific legal obligations according to the type of activity carried out. • Registered persons must be aware of any new obligations and Regulations. Thus registered persons must attend any training that is provided by the PHD to know what their obligations are. • The PHD informs all those registered of any new risks or legislation through e-mail or post

9. Legal obligations of Importers • Notify in advance details of the importation of regulated material • Fill a Plant Health Clearance Document (PHCD) prior to import • Provide an original Phytosanitary Certificate containing all the information required including any additional declarations or official statement as per Directive 2000/29 EC • Provide other documents relating to the importation (Airway bill / Bill of Lading etc.) • Pay fees charged for documentary, identity, and plant health checks • Have an approved place for inspection so that thorough plant health check of the imported material may be carried out in a suitable area as appropriate as per S.L. 433.17

10. Legal obligations of nurseries • Keep an annual plan of production • At the point of registration, assign a responsible person for the issuing of plant passports • Provide plant passports for plants and plant material being marketed for re-sale • Keep a record of all plant passports received and issued • Keep record of storage, planting, sale and plants being dispatched • Keep a record of all varieties of fruit trees, plants, seeds and seedlings, flowers and trees • Use clean material for propagation (tools, machinery, seedling trays, pots,) and good quality seeds, compost and water • Report any findings of pests and diseases to PHD

11. Legal obligations of Traders of plant material (Garden Centres) • Ensure that all necessary documentation relating to movement of plants is available (official statements, plant passports and supplier’s documents as per Council Directive 2000/29 EC) • Ensure that fruit trees are accompanied by a marketing label as per S.L. 433.08 Fruit trees propagating material Regulations • For movement of Palm trees: request in writing for authorisation from PHD in advance. Palm trees moved from the EU must be kept in a designated area of complete physical protection as per S.L. 433.24 Control of the Red Palm Weevil Regulations

12. General Plant Health Obligations • All regulations under the Plant Quarantine Act 2001, Chapter 433 of the laws of Malta need to be complied with. • All local regulations are accessible online to the general public through the Plant Health website : http://agriculture.gov.mt/en/phd/Pages/actslegal_notices.aspx

13. What are the challenges faced by PHD inspectors? • Persons moving plants from the EU for personal use • Plant passports not being issued as nursery declares sale to be only to final consumers • Pet shops / small retail outlets • Non-declared plant material imported by post • Non- registered activity centres

14. Future suggestions for meeting obligations of registered activities • To make attendance to training provided by PHD obligatory to all registered persons • To provide training on a regular basis • To make notification of arrival of plant material (EU notification form) obligatory • To have consultation sessions with MOR’s to better understand their way of operating and target compliance in the best possible way for utmost cooperation • To create an electronic system of notification of arrival of plant material from EU and also Third country (TRACES system – presently under trial)