2003/701/EC: Commission Decision of 29 September 2003 establishing pursuant to Directive 2001/18/EC of the European Parliament and of the Council a format for presenting the results of the deliberate release into the environment of genetically modified higher plants for purposes other than placing on the market (Text with EEA relevance) (notified under document number C(2003) 3405)

Commission Decision

of 29 September 2003

establishing pursuant to Directive 2001/18/EC of the European Parliament and of the Council a format for presenting the results of the deliberate release into the environment of genetically modified higher plants for purposes other than placing on the market

(notified under document number C(2003) 3405)

(Text with EEA relevance)

(2003/701/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC(1), and in particular the second sentence of Article 10 thereof,

Whereas:

(1)

With regard to the deliberate release of genetically modified organisms (GMOs) for any purpose other than placing on the market, Article 10 of Directive 2001/18/EC requires the notifier of such a release, to send the competent authority, after completion of a release, and thereafter, at any intervals laid down in the consent on the basis of the results of the environmental risk assessment, the results of the release in terms of any risk to human health or the environment, with, where appropriate, particular reference to any kind of product that the notifier intends to notify at a later stage.

(2)

To date, most GMOs deliberately released in the Community pursuant to Part B of Directive 2001/18/EC are genetically modified higher plants (GMHP). It is necessary, therefore, with regard to those plants, to establish the format to be used by the notifier when presenting the results of the release to the competent authority. That format should reflect the need to enable the fullest possible exchange of relevant information, presented in a standardised and easily comprehensible manner. The format should be kept as general as possible so that, where appropriate, multi-sites, multi-annual releases or releases of several GMOs can be covered by a single report.

(3)

Since genetic engineering is not restricted to higher plants, it will be necessary to establish formats for other types of GMOs, such as genetically modified (GM) animals (including GM insects), veterinary and medicinal products (containing or consisting of GMOs) or GM plants which could produce pharmaceutical products. Future developments may also make it necessary to adapt the report formats which have already been established.

(4)

The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 30 of Directive 2001/18/EC,

HAS ADOPTED THIS DECISION:

[F1Article 1U.K.

1.The results of a release of genetically modified higher plants (GMHP) undertaken pursuant to a consent granted—

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

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

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

(d)in relation to Northern Ireland, pursuant to regulation 21 of the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003,

must be presented to the relevant competent authority by the consent holder using the format set out in the Annex to this Decision, hereinafter “the report format”.

2.In this Decision, “constituent nation” means England, Wales, Scotland or Northern Ireland, as the case may be.]

Textual Amendments

F1Art. 1 substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 2U.K.

A report format shall relate to no more than one consent issued by the competent authority and shall be identified by a single [F2consent ] number.

Textual Amendments

F2Word in Art. 2 substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(3); 2020 c. 1, Sch. 5 para. 1(1)

Article 3U.K.

1.For each [F3consent] number, a final report shall be delivered by the [F4consent holder], and final as well as intermediary post-release monitoring report(s) shall be delivered where appropriate. Both types of report shall be drawn up in accordance with the report format.

2.The final report shall be delivered after the last harvest of the GMHPs. Where no post-release monitoring is required for a [F5consent], no further reports shall be necessary.

3.The final post-release monitoring report shall be delivered after completion of the post-release monitoring.

The competent authority shall, where appropriate, specify in the consent the duration of the post-release monitoring as well as the timetable for submission of the intermediary post-release monitoring reports.

F64.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Words in Art. 3(1) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 3(1) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5Words in Art. 3(2) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(4)(aa) (as inserted S.I. 2019/1229, regs. 1(3), 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1))

F6Art. 3(4) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(4)(b) (as amended by S.I. 2019/1229, regs. 1(3), 5(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 4U.K.

The competent authority may require from the [F7consent holder] additional information, in particular in the form of a logbook or interim reports, to be delivered in the course of the research programme, before the completion of a release.

Textual Amendments

F7Words in Art. 4 substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 10(5); 2020 c. 1, Sch. 5 para. 1(1)