The MINISTER of HEALTH in consultation with the Minister of agricultural food and forestry policies and the Minister of environment, land and sea protection having regard to the Treaty on the functioning of the European Union and, in particular, article. 191; Having regard to Council Regulation (EC) of the European Parliament and of the Council No 178/2002, January 28, 2002 laying down the General principles and requirements of food law, establishing the European food safety authority (EFSA) and lays down the procedures relating to food safety; Having regard to Council Regulation (EC) of the European Parliament and of the Council No 1829/2003, September 22, 2003, genetically modified food and feed; Having regard to the decision of the Commission of the European Communities No 98/294/EC of April 22, 1998, concerning the placing on the market of genetically modified maize (Zea mays l. line MON810) pursuant to Directive No 90/220/EEC; Having regard to the Ministerial Decree July 12, 2013, published in the Gazzetta Ufficiale della Repubblica italiana n. 187 of August 10, 2013, concerning the adoption of emergency measures in accordance with art. 54 of Regulation (EC) No 178/2002 concerning the cultivation of varieties of GM maize MON810 has prohibition of cultivation of this maize in Italian territory for eighteen months; Having regard to the note of the January 16, 2015, prot. 0000773/GAB, with which the Minister of environment, land and sea protection asked the Minister of health to evaluate the opportunity to restart the procedure for activating emergency measures under art. 34 of Regulation (EC) no 1829/2003, in accordance with the procedures laid down in articles 53 and 54 of Regulation (EC) No 178/2002; Considering the importance of risk assessment have been updated to take account of developments in scientific knowledge and procedures of analysis regarding the long-term environmental effects of GM crops, it was confirmed in the proposal for a directive amending Directive 2001/18/EC, with regard to the possibility for Member States to restrict or prohibit the cultivation of genetically modified organisms in their territory, which the European Parliament adopted at second reading on January 13, 2015; Given that the European Commission has not taken up as of today's date, any action in order to change the conditions of cultivation of maize MON810 to force the implementation of necessary management measures for the protection of the environment recommended by EFSA, in accordance with the procedure referred to in art. 53 of Regulation (EC) No 178/2002; Considering that, for the reasons mentioned above, the cultivation of maize MON810 without adequate management measures not sufficient protection to the environment and biodiversity; Considered that the opinion of ISPRA, transmitted with note prot. 014961 of April 7, 2014, following the upgrading of the environmental risk assessment resulting from the commercial cultivation of maize MON810 by applying the Decision Supporting System software (DSS) developed within the LIFE + project MAN-GMP-Eng (NAT/IT/000334), reached the following conclusions: "some studies related to environmental impacts arising from the cultivation of maize MON810 highlight a number of potential risks to the environment. The population size of diurnal and nocturnal moths not target is negatively affected by the presence of Cry1Ab toxin, although it is not currently possible to define with certainty the extent of such effects; are also not excluded negative impacts of MON810 on some aquatic organisms exposed to crop residues. Although the risks identified could be reduced through the adoption of specific measures, including through the adoption of case-specific monitoring plans of populations of non-target Lepidoptera and aquatic organisms, it is considered that the current approval status of maize MON810 does not provide for the adoption of such measures '; Considering that, in the face of these risks, even ' still characterized by scientific uncertainty, cannot legitimately suspecting that the spread of GM maize MON810 crops, made on the basis of an authorisation dating back over time, which could not take account of any subsequent legislation more restrictive, could represent a concrete situation and present danger to be managed in accordance with the precautionary principle referred to in art. 191, paragraph 2, of the Treaty on the functioning of the European Union; Noted that, to date, is pending the renewal of the authorisation for MON810 at European Union level; Considered therefore that it is necessary, near the start of the planting season, take the steps laid down in art. 34 of Regulation (EC) no 1829/2003, in accordance with the procedure referred to in art. 54 of Regulation (EC) No 178/2002;
Decrees: Art. 1 1. The ban on cultivation of maize MON810 varieties, from genetically modified seeds, interministerial decree July 12, 2013, published in the Gazzetta Ufficiale della Repubblica italiana no 187 of August 10, 2013, remains in force in the country, according to art. 54, paragraph 3, of Regulation (EC) No 178/2002 of January 28, 2002, pending the adoption of Community measures envisaged by art. 54, paragraph 3, mentioned but no later than eighteen months from the date of entry into force of this provision. 2. this Decree will be immediately transmitted to the European Commission and the Member States of the European Union pursuant to art. 54, paragraph 1, and for the purposes of art. 54, paragraph 2, of Regulation (EC) No 178/2002.