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The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019

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Amendment to the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002

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11.  In regulation 26 (decisions by the Scottish Ministers on applications for renewals of consent to market), after paragraph (4) insert—

(5) A renewed consent to market a genetically modified organism received by the Scottish Ministers must include a limit on the geographical scope for the cultivation of the genetically modified organism corresponding to any demand made by—

(a)the Scottish Ministers under regulation 26A(1), or

(b)a member State under Article 26b(1) of the Deliberate Release Directive,

unless the applicant notifies the Scottish Ministers of that applicant’s refusal to agree to the demand within 30 days of being notified of it by the Commission.

(6) The Scottish Ministers may, following the inclusion of a limit under paragraph (5), vary the renewed consent to reintegrate all or any part of Scotland.

(7) The Scottish Ministers must vary a renewed consent in accordance with any request by a member State under Article 26b(5) of the Deliberate Release Directive to reintegrate all or part of its territory.

(8) The Scottish Ministers must inform the Commission, the member States and the holder of the renewed consent of any variation under paragraph (6) or (7)..

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