S.L. 433.16 Art. 9Control measures. Testing for resistance. Soil movement.

(1) When a field has been officially recorded as infested as referred to in regulation 8(1) or (2) the following measures shall apply:

(a) no potatoes intended for the production of seed potatoes shall be planted; and

(b) no plants listed in Schedule I, intended for replanting, shall be planted or stored: howsoever that, plants listed in point 2 of Schedule I may be planted in that field provided that these plants are to be subject to the officially approved measures referred to in Section III(A) of Schedule III, such that there is no identifiable risk of spreading potato cyst nematodes.

(2) Fields to be used for planting potatoes, other than those intended for the production of seed potatoes, officially recorded as infested as referred to in regulation 8(1) or (2), are subject to an official control programme aiming at least at the suppression of potato cyst nematodes.

(3) The control programme shall take into account the particular production and marketing systems for host plants of potato cyst nematodes in Malta, the characteristics of the population of potato cyst nematodes present, the use of resistant potato varieties of the highest levels of resistance available as specified in Section I of Schedule IV and, where appropriate, other measures. It shall be notified in writing to the Commission and to the other Member States.

(4) The degree of resistance of potato varieties, shall be quantified according to the standard scoring notation table set out in Section I of Schedule IV. Testing for resistance shall be carried out according to the protocol set out in Section II of Schedule IV.

(5) Without prejudice to any other laws regulating soil movement, the Director may, by notice, establish guidelines and instructions regulating soil movement.