The Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as respects England, for the execution and 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 (OJ No. L287, 5.11.2003, p1); and appoint a focal point for the UK for the purpose of Regulation (EC) No 1946/2003. Similar Regulations to make provision for the enforcement and execution of Regulation (EC) No 1946/2003 will be made in respect of Scotland, Wales and Northern Ireland.

The Regulations come into force on 10th November 2004.

Regulation 3 designates the Secretary of State for Environment, Food and Rural Affairs as ‘Focal Point’ for the UK for the purpose of Regulation (EC) No 1946/2003 and as ‘Competent Authority’ for the purpose of the Regulation (EC) No 1946/2003 as regards England. Articles 3(19) and 3(20) of the Regulation (EC) No 1946/2003 provide that these bodies are responsible for performing the administrative functions required by the Protocol and for liaising with the Secretariat to the Protocol.

Regulation 4 provides for the 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, and transitional arrangements for inspectors already appointed under the Environmental Protection Act 1990 (c. 43).

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

Regulation 7 enables inspectors to require the provision of information.

Regulation 8 makes it an offence to contravene the 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 time limits for bringing prosecutions.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from GM Controls Unit, DEFRA, Zone G/9, Ashdown House, 123 Victoria Street, London SW1E 6DE.