S.L. 433.14 Art. 5Where the presence of organisms is confirmed.

(1) If official or officially supervised laboratory testing using the method set out in Schedule 1 confirms the presence of the organism in a sample of tubers, plants, or parts of plants, the Plant

Health Department, having regard to sound scientific principles, the biology of the organism and the particular production, marketing and processing systems in Malta:

(a) designate as contaminated the tubers or plants, consignment and]or lot, and the machinery, vehicle, vessel, store, or units thereof, and any other objects including packaging material, from which the sample was taken, and, where appropriate, the place(s) of production and field(s) from which the tubers or plants were harvested;

(b) determine, taking into account the provisions of point 1 of Schedule III, the extent of probable contamination through pre- or post-harvest contact or through production link with the designated contamination;

(c) demarcate a zone on the basis of the designation of contamination under paragraph (a), the determination of the extent of probable contamination under paragraph (b), and the possible spread of the organism, taking into account the provisions of point 2 of Schedule III.

(2) The Plant Health Department shall immediately notify the other Member States and the Commission, in accordance with the provisions of point 3 of Schedule III, of any contamination designated under subregulation (1)(a) and the details of the zone demarcation under subregulation (1)(c).

(3) Where tubers or plants have been designated to be contaminated under subregulation (1)(a), testing in accordance with regulation 4(2) shall be carried out on potato stocks which are closely related to those involved in the contamination. The testing shall be carried out on as many such tubers or plants as are needed to determine the probable primary source of infection and the extent of the probable contamination, preferably in order of degree of risk. As a result of the testing, further designation of contamination, determination of the extent of probable contamination and demarcation of a zone shall be conducted, as appropriate, under subregulation (1)(a), (b) and (c) respectively.

(4) Tubers or plants, designated to be contaminated under subregulation (1)(a) may not be planted and, under the control of the Plant Health Department, they shall be: - destroyed, or - otherwise disposed of, subject to officially supervised measure(s), in accordance with the provisions of point 1 of Schedule IV, provided that it is established that there is no identifiable risk of the organism spreading.

(5) Tubers or plants determined as probably contaminated under subregulation (1)(b) may not be planted and, without prejudice to the outcome of the testing referred to in subregulation

(3) for closely related stocks shall, under the control of the Plant Health Department, be put to appropriate use or disposal as specified in point 2 of Schedule IV, in such a way that it is established that there is no identifiable risk of the organism spreading.

(6) Any machinery, vehicle, vessel, store, or units thereof, and any other objects including packaging material, designated as contaminated under subregulation (1)(a) or determined as probably contaminated under subregulation (1)(b), shall either be destroyed or cleansed and disinfected using appropriate methods as specified in point 3 of Schedule IV. After disinfection, any such objects shall no longer be considered contaminated.

(7) Without prejudice to the measures implemented under subregulations (4), (5) and (6), in the zone demarcated under subregulation (1)(c), the measures, as specified in point 4 of Schedule IV, shall be implemented.