S.L. 549.60 чл. 16AMeasures restricting or prohibiting the cultivation in all or part of the Maltese territory.

Without prejudice to Regulation (EC) No 1829/2003 on genetically modified food and feed:

(1) Where no demand for the adjustment of the geographical scope of a written consent was made pursuant to the Directive or these regulations, as the case may be, or where the notifier has confirmed the geographical scope of its initial notification, the competent authority may adopt measures restricting or prohibiting the cultivation in all or part of the Maltese territory of a GMO, or group of GMOs defined by crop or trait, once the placing on the market is authorised in accordance with the Directive or through these regulations.

(2) (a) Measures adopted pursuant to sub-regulation (1) shall be in conformity with Union law, reasoned, proportional, non-discriminatory and based on compelling grounds, such as those related to:

(i) environmental policy objectives;

(ii) town and country planning;

(iii) land use;

(iv) socioeconomic impacts;

(v) avoidance of GMO presence in other products without prejudice to regulation 16B;

(vi) agricultural policy objectives; and

(vii) public policy.

(b) The compelling grounds may be invoked individually or in combination, with the exception of sub-paragraph

(vii) of sub-regulation (2)(a), which cannot be invoked individually. Grounds would depend on the particular circumstances of Malta, the region or area in which the measures would apply and shall, in no case, conflict with the environmental risk assessment carried out pursuant to the Directive or these regulations.

(3) A draft of the measures the competent authority intends to adopt and the corresponding grounds invoked shall be duly communicated to the Commission. Such communication may take place before the GMO authorisation procedure under Part C of the Directive or these regulations has been completed.

(4) The competent authority shall issue a notice in the Gazette which shall prohibit the planting of the GMO or GMOs for which measures have been drafted, pursuant to sub-regulation (3). Such notice shall cover a period of seventy-five (75) days, starting from the day that the draft measures are communicated to the Commission.

(5) On the expiry of the seventy-five (75) day period referred to in sub-regulation (4) the competent authority may, for the whole duration of the consent for the placing on the market and as from the date of entry into force of the concerned authorisation, adopt measures restricting or prohibiting the cultivation of the GMO or the group of GMOs referred to in sub-regulation (4). Such measures shall either be those originally proposed by the competent authority, or as amended following the comments received from the Commission.

(6) (a) Once the competent authority adopts measures in accordance with this regulation it shall immediately communicate such measures to the Commission, the other Member States and the consent holder without delay.

(b) The competent authority shall also publish any measures adopted pursuant to sub-regulation (5) in the Gazette.

(7) The competent authority may revoke the measures taken pursuant to this regulation at any time. Such revocation shall be immediately communicated to the Commission and other Member States.