S.L. 433.7 Art. 6Suspected cases.

(1) The suspected occurrence or confirmed presence of the organism in Malta shall be reported to the Plant Health Department.

(2) In each case of suspected occurrence, the Plant Health Department shall ensure completion of official or officially supervised laboratory testing using, for the listed plant material, the relevant method set out in Schedule II and in accordance with the conditions specified in point 1 of Schedule III, or, in all other cases, any other officially approved method, in order to confirm or refute the suspected occurrence. In the case of confirmation, the requirements laid down in point 2 of Schedule III shall apply.

(3) Pending the confirmation or refutation of a suspected occurrence under subregulation (2), in each case of suspected occurrence where, either:

(i) diagnostic symptoms of the disease caused by the organism have been seen and a positive result in the rapid screening test(s), as specified in Schedule II section I, point 1 and section II has been obtained; or

(ii) a positive result in the screening test(s) as specified in Schedule II section I, point 2 and section III has been obtained, the Plant Health Department shall:

(a) prohibit the movement of plants and tubers from all crops, lots or consignments from which the samples have been taken, except under their control and provided that it has been established that there is no identifiable risk of the organism spreading;

(b) take steps to trace the origin of the suspected occurrence;

(c) introduce appropriate additional precautionary measures based on the level of estimated risk, particularly in relation to production of the listed plant material and the movement of seed potato lots other than those referred to in point (a), produced on the place of production from which the samples referred to in point (a) were taken, in order to prevent any spread of the organism.

(4) In those cases of suspected occurrence where there is a risk of contamination of the listed plant material or surface water from or into another Member State(s), where the suspected occurrence has been reported in Malta the Plant Health Department shall immediately notify, according to the risk identified, the details of the said suspected occurrence to any other Member Stateconcerned, and shall cooperate with the said Member States. Where any other Member State so notifies the Plant Health Department, the Plant Health Department shall introduce precautionary measures in accordance with subregulation (3)(c) and take any further action, as appropriate.