The Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002

Decisions by the Scottish Ministers on applications for renewals of consents to market S

26.—(1) In the cases of subparagraphs (a) or (b), the Scottish Ministers may and in the case of subparagraph (c), the Scottish Ministers shall grant an application to renew a consent to market genetically modified organisms only where they have prepared an assessment report which indicates that the genetically modified organisms should continue to be marketed and–

(a) no reasoned objection has been raised by a Member State or by the Commission during a sixty day period beginning on the day the Commission circulated the assessment report;

(b) a reasoned objection has been raised by either a competent authority of any Member State or by the Commission but all outstanding issues have been resolved in accordance with Article 17(7) and (8) of the Deliberate Release Directive within a seventy-five day period beginning on the day the Commission circulated the assessment report; or

(c) an objection has been raised and maintained by a competent authority of any Member State or the Commission in accordance with Articles 17 or 20 of the Deliberate Release Directive and the Commission has adopted a decision in accordance with Article 18(1) of the Deliberate Release Directive in favour of granting consent.

(2) The Scottish Ministers shall–

(a) inform the applicant; and

(b) ensure that the other Member States and the Commission are informed,

of any decision by the Scottish Ministers to renew the consent to market genetically modified organisms within thirty days of its renewal.

(3) The renewed consent to market genetically modified organisms shall be given for ten years unless the Scottish Ministers consider that a shorter or longer period is justified, in which case they shall give their reasons therefor in writing.

(4) The applicant may continue to market the genetically modified organisms under the conditions specified in the existing consent until a final decision has been taken on the application.

[F1 (5) A renewed consent to market a genetically modified organism received by the Scottish Ministers must include a limit on the geographical scope for the cultivation of the genetically modified organism corresponding to any demand made by—

(a) the Scottish Ministers under regulation 26A(1), or

(b) a member State under Article 26b(1) of the Deliberate Release Directive,

unless the applicant notifies the Scottish Ministers of that applicant’s refusal to agree to the demand within 30 days of being notified of it by the Commission.

(6) The Scottish Ministers may, following the inclusion of a limit under paragraph (5), vary the renewed consent to reintegrate all or any part of Scotland.

(7) The Scottish Ministers must vary a renewed consent in accordance with any request by a member State under Article 26b(5) of the Deliberate Release Directive to reintegrate all or part of its territory.

(8) The Scottish Ministers must inform the Commission, the member States and the holder of the renewed consent of any variation under paragraph (6) or (7).]

Textual Amendments

F1 Reg. 26(5)-(8) inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 11