The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

Regulation (EC) No 1946/2003 of the European Parliament and of the Council U.K.

5.—(1) Regulation (EC) No 1946/2003 of the European Parliament and of the Council on transboundary movements of genetically modified organisms is amended as follows.

(2) In Article 1, omit the following—

(a) “and without prejudice to the provisions of Directive 2001/18/EC,”;

(b) “common”;

(c) “on behalf of the Community”.

(3) In Article 3—

[F1 (a) in paragraph 10, for subparagraph (a) substitute—

“(a) the permanent or temporary leaving of Great Britain of GMOs which originated—

(i) in Great Britain, or

(ii) in a third country but have entered, and are in free circulation in, Great Britain;”;]

[F2 (b) in paragraph 11, for the words from “outside the” to the end substitute “outside Great Britain by an exporter”;]

[F3 (c) in paragraph 12, for “the customs territory of the Community”, in both places it occurs, substitute “Great Britain”;]

(d) in paragraph 14, omit “, excluding intentional movements between Parties within the Community”;

[F4 (da) for paragraph 15 substitute—

“15.   “Party” means—

(a) Great Britain,

(b) Northern Ireland, or

(c) any other country or regional economic integration organisation being a Party to the Protocol;”;]

[F5 (e) in paragraph 19, after ““competent authority”” insert “, other than in the expression “relevant GB competent authority”,]

[F6 (ea) after paragraph 19, insert—

“19A.   “relevant GB competent authority”—

(a) in relation to performing the administrative functions required by the Protocol in England, means the Secretary of State;

(b) in relation to performing the administrative functions required by the Protocol in Wales, means the Welsh Ministers;

(c) in relation to performing the administrative functions required by the Protocol in Scotland, means the Scottish Ministers.”;]

[F7 (f) in paragraph 20, after “Party” insert “(other than Great Britain)”;

(fa) after paragraph 20, insert—

“20A.   “GB focal point” means the Secretary of State, who has been designated as Great Britain’s entity to be responsible on its behalf for liaising with the Secretariat;”];

(g) after paragraph 21, insert—

“22.   “constituent nation” means England, Wales [F8 or Scotland], as the case may be;

23.   “relevant [F9 GMO] authority” means [F10 a relevant GB competent authority], together with the Food Standards Agency, the Health and Safety Executive, the Medicines and Healthcare products Regulatory Agency or other agencies as the case may be and as appropriate in the circumstances.

[F11 24.   “third country” means a country other than Great Britain.”].

(4) In Article 5—

(a) in paragraph 2, in the first sentence, for the words from “, to the Member State” to the end substitute “ and to [F12 the relevant GB competent] authority for [F13 each] constituent nation in which the exporter is based ”;

(b) in paragraph 5, for “Commission and the Member States” substitute “ [F14 GB focal] point ”.

(5) In Article 6—

(a) in the heading, for “Party of export” substitute “ [F15 relevant GB competent] authority ”;

(b) in the first paragraph, for the words “of the Member State” to the end substitute “ for [F16 each] constituent nation in which the exporter is based ”;

(c) in the second paragraph—

(i) for “Commission” substitute “ [F17 relevant GB competent authority for each] constituent nation in which the exporter is based ”;

(ii) for “the Community rules” substitute “ retained EU law ”.

(6) In Article 9—

(a) in paragraph 1—

(i) in the first subparagraph—

(aa) for the words from “Commission on behalf of” to “made the decision” substitute “ [F18 GB focal] point ”;

[F19 (bb) for “the Community or use within a Member State” substitute “Great Britain”;]

(ii) for the second subparagraph substitute—

“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,

F20 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

where the GMO is not intended for direct use as food or feed or for processing in a [F21 third country] without a subsequent decision.”;

(b) in paragraph 3, for the words from “Commission” to “them” substitute “ [F22 GB focal] point must process requests submitted ”;

(c) in paragraph 4, for the words from “Commission” to “paragraph 1” substitute “ [F23 GB focal] point ”.

[F24 (7) In Article 10(3), in the second sentence, for the words from “it is authorised” to the end substitute “its use is permitted in Great Britain or the competent authority of the importing country has expressly agreed to the import”.]

(8) In Article 12—

(a) in paragraph 2, in the final sentence, for “Directive 2001/18/EC and, when applicable, future Community legislation” substitute “ retained EU law ”;

(b) in paragraph 5, omit “Community”.

(9) In Article 14—

(a) in paragraph 1, for “Member States” substitute “ The [F25 relevant GB competent] authorities ”;

(b) in paragraph 2—

(i) in the words before point (a)—

(aa) for the words from “a Member State” to “jurisdiction,” substitute “ the [F26 GB focal] point becomes aware of an occurrence within [F27 Great Britain]”;

(bb) for “that Member State” substitute “ the [F28 GB focal] point ”;

(ii) in point (a), omit “the Commission, all other Member States,”.

(10) In Article 15—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for “Member States” substitute “ [F29 GB focal] point ”;

(bb) omit “and the Commission”;

(ii) in point (c), for “Member State” substitute “ United Kingdom ”;

(iii) for point (e) substitute—

“(e) any final decision taken by a [F30 relevant GMO authority] on the use of GMOs, including decisions in accordance with Article 11 and Article 20(3)(d) of the Protocol, within 15 days of the adoption of that decision, where that decision is—

(i) on contained use classified in risk class 3 or 4 of GMOs which are likely to be subject to transboundary movements;

(ii) on the marketing or import of GMOs;

(iii) to grant a consent for the deliberate release of a GMO—

— in England, pursuant to regulation 21 of the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

— in Wales, pursuant to regulation 22 of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

— in Scotland, pursuant to regulation 21 of the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

F31 ... ;”;

[F32 (iv) in point (f), for “the Community’s” substitute “Great Britain’s”;]

(v) for point (h) substitute—

“(h) any decision to take emergency measures under Article 34 of Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed, or any decision to serve a prohibition notice—

(i) in relation to England, pursuant to regulation 32 of the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

(ii) in relation to Wales, pursuant to regulation 33 of the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

(iii) in relation to Scotland, pursuant to regulation 32 of the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

F33 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) any application of procedures, agreements or regulations instead of the procedures of the Protocol for intentional movements within or imports into [F34 Great Britain] of GMOs, in accordance with Article 14(3) and (4) of the Protocol;

(j) reports submitted pursuant to Article 19 of this Regulation, including those on implementation of the advanced informed agreement procedure, in accordance with Article 20(3)(e) of the Protocol.”;

(b) omit paragraph 2.

(11) In Article 16—

(a) in paragraph 1, for “Commission and the Member States” substitute “ [F35 relevant GB competent] authorities ”;

(b) in paragraph 4, for “Member States and the Commission” substitute “ [F36 relevant GB competent] authorities ”.

(12) In Article 17—

(a) in the heading, for “points” substitute “ point ”;

(b) omit paragraphs 1 and 2;

(c) for paragraph 3 substitute—

“3.   The [F37 GB focal] point must forthwith inform the Secretariat of any change in the designation of the focal point, and of any changes in the names, addresses or responsibilities of the [F38 relevant GB competent] authorities.”.

(13) Omit Article 18.

(14) In Article 19—

(a) omit paragraph 1;

(b) in paragraph 2—

(i) for “Commission” substitute “ [F39 GB focal] point ”;

(ii) for the words from “basis of” to “Member States” substitute “ implementation of the Protocol in [F40 Great Britain] ”.

(15) After Article 20, omit the words from “This Regulation” to “Member States.”.

(16) In Annex 1—

[F41 (a) in point (c), for “the State of export” substitute “Great Britain”;]

(b) in point (m)—

[F42 (i) for “the State of export”, in the first place it occurs, substitute “Great Britain”;]

(ii) omit “in the State of export”, in both places it occurs.

[F43 (17) In Annex 3, in point (b), for “the originating Party” substitute “Great Britain”.]

Textual Amendments

F1 Reg. 5(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(a)

F2 Reg. 5(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(b)

F3 Reg. 5(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(c)

F4 Reg. 5(3)(da) inserted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(d)

F5 Reg. 5(3)(e) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(e)

F6 Reg. 5(3)(ea) inserted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(f)

F7 Reg. 5(3)(f)(fa) substituted for reg. 5(3)(f) (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(g)

F8 Words in reg. 5(3)(g) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(h)(i)

F9 Word in reg. 5(3)(g) inserted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(h)(ii)(aa)

F10 Words in reg. 5(3)(g) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(h)(ii)(bb)

F11 Words in reg. 5(3)(g) inserted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(2)(h)(iii)

F12 Words in reg. 5(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(3)(a)(i)

F13 Word in reg. 5(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(3)(a)(ii)

F14 Words in reg. 5(4)(b) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(3)(b)

F15 Words in reg. 5(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(4)(a)

F16 Word in reg. 5(5)(b) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(4)(b)

F17 Words in reg. 5(5)(c)(i) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(4)(c)

F18 Words in reg. 5(6)(a)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(5)(a)(i)

F19 Reg. 5(6)(a)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(5)(a)(ii)

F20 Words in reg. 5(6)(a)(ii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(5)(a)(iii)(aa)

F21 Words in reg. 5(6)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(5)(a)(iii)(bb)

F22 Words in reg. 5(6)(b) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(5)(b)

F23 Words in reg. 5(6)(c) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(5)(b)

F24 Reg. 5(7) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(6)

F25 Words in reg. 5(9)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(7)(a)

F26 Words in reg. 5(9)(b)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(7)(b)(ii)

F27 Words in reg. 5(9)(b)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(7)(b)(i)

F28 Words in reg. 5(9)(b)(i)(bb) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(7)(b)(ii)

F29 Words in reg. 5(10)(a)(i)(aa) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(8)(a)

F30 Words in reg. 5(10)(a)(iii) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(8)(b)(i)

F31 Words in reg. 5(10)(a)(iii) omitted (31.12.2020 immediately before IP completion day) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(8)(b)(ii)

F32 Reg. 5(10)(a)(iv) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(8)(c)

F33 Reg. 5(10)(a)(v) omitted (31.12.2020 immediately before IP completion day) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(8)(d)(i)

F34 Words in reg. 5(10)(a)(v) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(8)(d)(ii)

F35 Words in reg. 5(11)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(9)(a)

F36 Words in reg. 5(11)(b) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(9)(b)

F37 Words in reg. 5(12)(c) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(10)(a)

F38 Words in reg. 5(12)(c) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(10)(b)

F39 Words in reg. 5(14)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(11)(a)

F40 Words in reg. 5(14)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(11)(b)

F41 Reg. 5(16)(a) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(12)(a)

F42 Reg. 5(16)(b)(i) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(12)(b)

F43 Reg. 5(17) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), reg. 1(4), Sch. para. 3(13)

Commencement Information

I1 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)(b)