The Genetically Modified Organisms (Transboundary Movements) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations make provision for the enforcement of Regulation (EC) No. 1946/2003 of the European Parliament and of the Council of 15 July 2003 on the transboundary movements of genetically modified organisms (O.J. No. L287, 5.11.2003, p. 1).

The Regulations come into force on 31st May 2005.

Regulation 3 designates the Department as ‘Competent Authority’ for Northern Ireland for the purpose of the Council Regulation. Articles 3(19) of the Council Regulation provides that The Competent Authority is responsible for performing the administrative functions required by the Cartagena Protocol on Biosafety.

Regulation 4 makes provision for enforcement of the Regulations and the specified Community provisions (the provisions of Regulation (EC) No. 1946/2003 specified in the Schedule).

Regulation 5 makes provision for the appointment of inspectors.

Regulation 6 provides powers of entry, including the power to carry out tests and inspections and to take samples.

Regulation 7 enables inspectors to require the provision of information.

Regulation 8 makes it an offence to contravene specified Community provisions; to obstruct inspectors in the exercise of powers under these Regulations; and to give false information; and sets out a due diligence defence in respect of contravention of the specified Community provisions.

Regulation 9 makes provision for offences committed due to the fault of another person.

Regulation 10 makes provision for offences committed by corporate bodies.

Regulations 11 and 12 prescribe penalties and specify limits for bringing prosecutions.

Regulation 13 makes provision for service of notices under these Regulations.

Copies of the European Council Regulation may be obtained at http://europa.eu.int/eur-lex/en/index.html and from The Stationery Office Ltd., 16 Arthur Street, Belfast, BT1 4GD and copies of the Protocol may be obtained at www.fco.gov.uk/Files/kfile/Cm%206170.pdf and from The Stationery Office Ltd., 16 Arthur Street, Belfast, BT1 4GD.