The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020

Amendment of regulation 5 (amendment of Regulation (EC) No 1946/2003)

3.—(1) Regulation 5 is amended as follows.

(2) In paragraph (3)—

(a) for sub-paragraph (a) substitute—

“(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;”;”;

(b) for sub-paragraph (b) substitute—

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

(c) for sub-paragraph (c) substitute—

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

(d) after sub-paragraph (d), insert—

“(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;”;”;

(e) for sub-paragraph (e) substitute—

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

(f) after sub-paragraph (e), insert—

“(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.”;”;

(g) for sub-paragraph (f) substitute—

“(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;”;”;

(h) in sub-paragraph (g)—

(i) in the new paragraph 22 to be inserted by that sub-paragraph, for “, Scotland or Northern Ireland” substitute “or Scotland”;

(ii) in the new paragraph 23 to be inserted by that sub-paragraph—

(aa) after ““relevant” insert “GMO”;

(bb) for “any of the competent authorities” substitute “a relevant GB competent authority”;

(iii) after the new paragraph 23, insert—

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

(3) In paragraph (4)—

(a) in sub-paragraph (a)—

(i) for “the competent” substitute “the relevant GB competent”;

(ii) for “any” substitute “each”;

(b) in sub-paragraph (b), for “focal” substitute “GB focal”.

(4) In paragraph (5)—

(a) in sub-paragraph (a) for “competent” substitute “relevant GB competent”;

(b) in sub-paragraph (b) for “any” substitute “each”;

(c) in sub-paragraph (c)(i) for “competent authority for any” substitute “relevant GB competent authority for each”.

(5) In paragraph (6)—

(a) in sub-paragraph (a)—

(i) in paragraph (i)(aa) for “focal” substitute “GB focal”;

(ii) in paragraph (i), for sub-paragraph (bb) substitute—

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

(iii) in paragraph (ii), in the subparagraph to be substituted by that paragraph—

(aa) omit point (d), and

(bb) in the words after point (d), for “country outside the United Kingdom” substitute “third country”;

(b) in sub-paragraphs (b) and (c), for “focal” substitute “GB focal”.

(6) For paragraph (7) substitute—

“(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”.”.

(7) In paragraph (9)—

(a) in sub-paragraph (a), for “competent” substitute “relevant GB competent”;

(b) in sub-paragraph (b)(i)—

(i) in sub-paragraph (aa), for “the United Kingdom” substitute “Great Britain”;

(ii) in sub-paragraphs (aa) and (bb), for “focal” substitute “GB focal”.

(8) In paragraph (10)(a)—

(a) in paragraph (i)(aa), for “focal” substitute “GB focal”;

(b) in paragraph (iii), in the point to be substituted by that paragraph—

(i) for “relevant authority” substitute “relevant GMO authority”;

(ii) omit the words from “— in Northern Ireland” to “(Northern Ireland) 2003”;

(c) for paragraph (iv) substitute—

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

(d) in paragraph (v), in the points to be substituted by that paragraph—

(i) in point (h), omit point (iv);

(ii) in point (i) for “the United Kingdom” substitute “Great Britain”.

(9) In paragraph (11)—

(a) in sub-paragraph (a), for “competent” substitute “relevant GB competent”;

(b) in sub-paragraph (b), for “competent” substitute “relevant GB competent”.

(10) In paragraph (12)(c), in the new paragraph 3 to be inserted by that paragraph—

(a) for “focal” substitute “GB focal”;

(b) for “competent” substitute “relevant GB competent”.

(11) In paragraph (14)(b)—

(a) in paragraph (i), for “focal” substitute “GB focal”;

(b) in paragraph (ii), for “the United Kingdom” substitute “Great Britain”.

(12) In paragraph (16)—

(a) for sub-paragraph (a) substitute—

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

(b) in sub-paragraph (b), for paragraph (i) substitute—

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

(13) For paragraph (17) substitute—

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