The Genetically Modified Organisms (Contained Use) (Amendment) Regulations (Northern Ireland) 2006

EXPLANATORY NOTE

(This note is not part of the Regulations)

1.  These Regulations amend the Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2001 (S.R. 2001 No. 295) (“the 2001 Regulations”). The principal amendments are as follows.

2.  Paragraph 6 of regulation 3 revokes regulations 22 and 23 and paragraph 7 amends regulation 24. These amendments implement the provisions of Council Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (O.J. No. L41, 14.2.2003, p.26) and repealing Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment ( No. L158, 23.6.1990, p.56). The existing provisions in the 2001 Regulations implemented the provisions of Article 19 of Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (O.J. No. L117, 8.5.1990, p.1) as amended by Commission Directive 94/51/EC of 7 November 1994 (O.J. L297, 18.11.94, p. 29) and Council Directive 98/81/EC of 26 October 1998 ( No. L330, 5.12.98, p. 13). These provisions have been superseded by Council Directive 2003/4/EC which is implemented by the Environmental Information Regulations 2004 (S.I. 2004/3391`.

3.  Paragraph 8 of regulation 3, inserts a new regulation, regulation 24A, which makes provision for the exclusion from the register, maintained in accordance with regulation 24 of the 2001 regulations, of information where, in the opinion of the Department of Enterprise, Trade and Investment the inclusion of such information in the register would be a breach of confidentiality.

4.  Paragraph 10 of regulation 3 removes regulation 30 so that the 2001 Regulations no longer apply to territorial waters.

5.  Paragraph 11 of regulation 3 requires additional information for notifications. This is necessary in order to fully comply with the requirements of Regulation 1946/2003/EC of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms (O.J. No. L287, 5.11.2003, p.1).

6.  Paragraphs 12 to 16 of regulation 3 amend the containment levels for specified containment measures.

7.  Regulation 4 amends the Health and Safety (Fees) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 523. Under this regulation no fee shall be charged in respect of notifications under regulation 11(1) or applications under regulation 18(2) of the 2001 Regulations that have arisen as a result of the changes to containment measures in regulation 3.

8.  In Great Britain the corresponding Regulations are the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2005 (S.I. 2005/2446). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in relation to those Regulations. A copy of that assessment together with a Northern Ireland supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR from where a copy may be obtained on request.