Directive (EU) 2015/412, amending directive 2001/18/EC, grants Member States the possibility to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory with two phases mechanism, after the authorisation for cultivation of such GMO.

Directive (EU) 2015/412 also provides transitional measures: from 2 April 2015 until 3 October 2015, Member States could demand that the geographical scope of a notification submitted, or of an authorization for cultivation granted, under Directive 2001/18/EC or Regulation (EC) no 1829/2003 before 2 April 2015 be adjusted.

Nineteen Member States including Italy demanded and obtained the restriction of the geographical scope of six varieties of GM maize (MON810, 1507, 59122, Bt11, GA21 and 1507x59122).

Restrictions of geographical scope of GMO applications/authorisations: EU Coutries demands and outcomes

Commission Implementing Decision (EU) 2016/321, that adjusting the geographical scope of the authorisation for cultivation of genetically modified maize (Zea mays L.) MON 810, has been published in the Official Journal of the European Union on 5 March 2016.

In Italy, directive (EU) 2015/412 has been implemented by:

• law of 9 July 2015, n. 114 (European delegation law 2014) which delegates to the Government the adoption of the legislative decree implementing the directive;
• law of 29 July 2015, n. 115 (European law 2014) implementing transitional measures.

Pursuant law n. 114/2015, legislative decree 14 November 2016, n. 227, implementing directive (EU) 2015/412, was issued.

Pursuant law n. 115/2015, the Minister of Agriculture, Food and Forestry Policies in agreement with the Minister for the Environment, Land and Sea Protection and the Minister of Health, sent to the European Commission the demands for adjust the geographical scope for six varieties of GM maize; all the demands were accepted.