The Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2005

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(a) after the definition of "organism", insert—

" "transboundary movement" has the meaning assigned to it by Article 3 of Regulation 1946/2003/EC of the European Parliament and of the Council on transboundary movements of genetically modified organisms[6]".

    (3) In regulation 3—

(a) in (3)(a)(i)(aa), after the word "Ministers," add "or, as regards Wales, by the National Assembly for Wales,";

(b) after (3)(a)(i)(aa), insert as a new (3)(a)(i)(bb), "a consent granted by the Northern Ireland Department of the Environment under article 8(1) of the Genetically Modified Organisms (Northern Ireland) Order 1991[7], or";

(c) renumber the existing (3)(a)(i)(bb) as (3)(a)(i)(cc) and after "Article 13(4) of Council Directive 90/220/EEC" insert "or Article 15(3), 17(6), or 18(2) of Directive 2001/18/EC of the European Parliament and Council on the deliberate release into the environment of genetically modified organisms[8]";

(d) for (3)(a)(iii) substitute, "food or feed authorised in accordance with the provisions of Regulation 1829/2003/EC of the European Parliament and of the Council on genetically modified food and feed[9]";

(e) insert as (3)(a)(iv), "food products notified to the Commission in accordance with the provisions of Article 8.1, or feed products notified to the Commission in accordance with the provisions of Article 20.1, of Regulation 1829/2003/EC";

(f) in (3)(b),


(i) after the word "Ministers," add "or, as regards Wales, by the National Assembly for Wales,";

(ii) after "1990", add "or the consent of the Northern Ireland Department of the Environment is required under article 8(1) of the Genetically Modified Organisms (Northern Ireland) Order 1991".

    (4) In regulation 13(1)—

(a) in subparagraph (a) for the words "in both England and Scotland", substitute "on the border of England and Scotland"; and

(b) in subparagraph (b), for the words "both England and Scotland", substitute "premises situated on the border of England and Scotland.".

    (5) In regulation 15—

(a) in paragraph (2)(g), for the words ", provided that a notification has been submitted by him in accordance with", substitute "and without prejudice to";

(b) in paragraph (3), for the words "subject to paragraphs (4) and (5)", substitute "Without prejudice to regulation 11 and subject to paragraph (5)";

(c) omit paragraph (4); and

(d) in paragraph (5)—


(i) for the words "Paragraph (4)", substitute "Regulation 11", and

(ii) after the words "regulation 11(1)(b) and", insert ", but for this paragraph,".

    (6) In regulation 18(2), after "necessary", insert "or practicable".

    (7) Omit regulations 22, 23 and 23A.

    (8) In regulation 24—

(a) in paragraph (3) for the words "regulation 22(2) (b) or shall be withheld under regulations 22(8)" substitute " the provisions of the Environmental Information Regulations 2004[10] or the Environmental Information (Scotland) Regulations 2004[11].";

(b) for paragraph (4) substitute—

    " (4) Information shall be entered in the register within 14 days of its receipt by the competent authority.";

(c) omit paragraphs (5) and (9).

    (9) In regulation 29—

(a) omit paragraph (3);

(b) for paragraph (8)(b)(ii), substitute the following—


" (ii) an appeal under paragraph (2)(a) or (b) against a request or instruction relating to—


(aa) the undertaking or proposed undertaking of an activity involving genetic modification in premises situate, or

(bb) premises which are the subject of a notification under regulation 9(1) and are situate,



wholly in Scotland or on the border between England and Scotland, as the case may be.".

    (10) Omit Regulation 30.

    (11) In paragraph 2 of Schedule 6—

(a) omit the word "and" at the end of sub-paragraph (n)(vi);

(b) for sub-paragraph (o), substitute—


" (o) a copy of the assessment referred to in regulation 6(1); and

(p) whether the genetically modified organism is likely to be subject to transboundary movement.".

    (12) In Schedule 8, in Table 1a for point 17, substitute—

	1	2	3	4
Inactivation of GMMs in contaminated material and waste	required by validated means	required by validated means	required by validated means, with waste inactivated within the laboratory suite	required by validated means, with waste inactivated within the laboratory".

    " (1A) No Fee shall be payable by a notifier to the competent authority for a notification of an activity involving genetic modification in class 3 under regulation 11(1), or an application for the written agreement of that authority under regulation 18(2), of the 2000 Regulations in circumstances where—


(a) the notifier is of the view, and makes a statement in writing to the effect, that the containment measure for the activity in question has changed as a result of an amendment to any of the containment measures that has been effected by the Genetically Modified Organisms (Contained Use)(Amendment) Regulations 2005; and

(b) the application was submitted to the authority no later than 30 November 2005.".

Revocation
     4. Regulation 5 of the Genetically Modified Organisms (Contained Use)(Amendment) Regulations 2002[13] is hereby revoked.



Signed by authority of the Secretary of State for Work and Pensions


Philip Hunt
Parliamentary Under-Secretary of State Department for Work and Pensions

4th September 2005

[2] 1972 c.68; the enabling powers conferred by section 2(2) were extended by virtue of section 1 of the European Economic Area Act 1993 (c.51).back

[3] As regards Scotland, see also section 57(1) of the Scotland Act 1998 (c.46), which provides that, despite the transfer to the Scottish Ministers by virtue of that Act of functions in relation to observing and implementing obligations under community law, any function of a Minister of the Crown in relation to any matter shall continue to be exercisable by him as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972.back

[4] 1974 c.37; sections 11(2), 15(1) and 50 were amended by section 116 of, and paragraphs 4, 6 and 16 respectively of Schedule 15 to the Employment Protection Act 1975 (c.71).back

[5] S.I. 2000/2831, as amended by S.I. 2002/63.back

[6] OJ L 287/1 5.11.2003.back

[7] S.I. 1991/1714 (N.I.19).back

[8] O.J. No. L106, 17.04.01, p.1 as supplemented by Commission Decision 2002/623/EC (O.J. L200, 30.07.02, p.22).back

[9] OJ No. L268, 18.10.2003, p1.back

[10] S.I. 2004/3391.back

[11] S.I. 2004/520.back

[12] S.I. 2005/676.back

[13] S.I. 2002/63.back