S.L. 437.95 Art. 5Authorisation conditions.

(1) The department in the territory of Malta shall ensure that authorisations, as provided for in rule 4(1) and (2), are only granted if the aquaculture production business operator or authorised processing establishment operator:

(a) fulfils the relevant requirements of rules 8, 9 and 10;

(b) has a system in place which enables the operator to demonstrate to the department that those relevant requirements are being fulfilled; and

(c) remains under the supervision of the department, which shall perform the duties laid down in rule 54(1).

(2) Authorisation shall not be granted if the activity in question were to lead to an unacceptable risk of spreading diseases to farms, mollusc farming areas or to wild stocks of aquatic animals in the vicinity of the farm or mollusc farming area:

Provided that, before a decision to refuse authorisation is taken, consideration shall be given to risk-mitigation measures, including possible alternative siting of the activity in question.

(3) The aquaculture production business operator or authorised processing establishment operator shall submit all relevant information to the department in order to allow the department to assess that the conditions for authorisation are fulfilled, including the information required in accordance with Schedule II.