CHAPTER II

EXPORTS OF GMOs TO THIRD COUNTRIES
Section 2

GMOs intended for direct use as food or feed, or for processing

Information to the BCH
Article 9
1
The GB focal point shall inform the BCH and other Parties through the BCH of any final decision regarding use, including placing on the market, within Great Britain, of a GMO that may be subject to transboundary movements for direct use as food or feed or for processing. This information shall be sent to the BCH within 15 days of the adoption of that decision.
This paragraph does not apply to decisions to grant a consent for the deliberate release of a GMO taken, pursuant to—
a
in England, regulation 21 of the Genetically Modified Organisms (Deliberate Release) Regulations 2002,
b
in Scotland, regulation 21 of the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002,
c
in Wales, regulation 22 of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002,
where the GMO is not intended for direct use as food or feed or for processing in a third country without a subsequent decision.
2
The information referred to in paragraph 1 and sent to the BCH shall contain as a minimum the information specified in Annex II.
3
The GB focal point must process requests submitted by any Party or non-Party for additional information regarding the decisions referred to in paragraph 1.
4
A copy of the information referred to in paragraphs 1, 2 and 3 shall be sent by the GB focal point, in writing, to the focal point of each Party that informs the Secretariat in advance that it does not have access to the BCH.

Parties' and non-Parties' national decisions on import
Article 10
1
The exporter shall respect any decision on the import of GMOs intended for direct use as food or feed, or for processing, taken by a Party in accordance with Article 11(4) of the Protocol, or by a non-Party of import under its domestic regulatory framework that is consistent with the objective of the Protocol.
2
If a developing country Party or non-Party of import or a Party or non-Party of import with an economy in transition has declared through the BCH that it will take a decision prior to an import of a specific GMO intended for direct use as food or feed, or for processing, in accordance with Article 11(6) of the Protocol, the exporter shall not proceed with the first export of such GMO unless the procedure provided for under that provision has been followed.
3
Failure by the Party or non-Party of import to acknowledge receipt of a notification or to communicate its decision in accordance with paragraph 2 shall not imply its consent or refusal to the import of a GMO intended for direct use as food or feed, or for processing. No GMO that may be subject to transboundary movements for direct use as food or feed or for processing may be exported, unless its use is permitted in Great Britain or the competent authority of the importing country has expressly agreed to the import.
Words in Art. 9(1) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(6)(a)(i)(aa) (as amended by S.I. 2020/1421, Sch. para. 3(5)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(1) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(6)(a)(i)(bb) (as amended by S.I. 2020/1421, Sch. para. 3(5)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(1) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(6)(a)(ii) (as amended by S.I. 2020/1421, Sch. para. 3(5)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(3) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(6)(b) (as amended by S.I. 2020/1421, Sch. para. 3(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(4) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(6)(c) (as amended by S.I. 2020/1421, Sch. para. 3(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(3) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(7) (as amended by S.I. 2020/1421, Sch. para. 3(6)); 2020 c. 1, Sch. 5 para. 1(1)