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The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Chemicals (Health and Safety) and Genetically Modified Organisms (Contained Use) (Amendment etc.) (EU Exit) Regulations 2019 No. 720

Regulation (EU) No 649/2012

This section has no associated Explanatory Memorandum

157.—(1) Article 13 is amended as follows.

(2) In paragraph 1—

(a)omit the first subparagraph;

(b)in the second subparagraph—

(i)at the beginning, for “The Commission shall, by means of an implementing act” substitute “Where the Secretary of State receives a decision guidance document from the Secretariat, the Secretary of State must, taking into account the information in the decision guidance document”;

(ii)omit “on behalf of the Union”;

(iii)omit the second sentence;

(iv)for “Commission” substitute “Secretary of State”;

(c)in the third subparagraph—

(i)omit “under Union legislation”;

(ii)for “Commission”, in both places it occurs, substitute “Secretary of State”;

(iii)omit “, by means of an implementing act,”;

(iv)omit the second sentence.

(3) Omit paragraph 2.

(4) In paragraph 4, for “Commission” substitute “Secretary of State”.

(5) In paragraph 5—

(a)for “Each designated national authority of the Member States” substitute “The Designated National Authority”;

(b)for the words from “available to those concerned” to the end substitute “publicly available via its website”.

(6) In paragraph 6—

(a)for “Commission” substitute “Secretary of State”;

(b)for “Member States and the Agency” substitute “Designated National Authority, the Scottish Ministers, the Welsh Ministers, and a Northern Ireland Department”;

(c)for “propose” substitute “take”;

(d)omit “at Union level”;

(e)omit “within the Union”.

(7) After paragraph 6, insert—

7.  The functions of the Secretary of State under paragraph 1 to adopt an import decision and to adopt a revised import decision are subject to the consent requirement in Article 23B.

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