PART IGENERAL

Capacity of organisms for causing harm4

1

For the purposes of sections 110(1), 112(5)5 and (7)(a) and 117(1) of the Act there shall be disregarded—

a

the capacity of genetically modified organisms of the description specified in paragraph (2) for causing harm of the description specified in paragraph (3), and

b

harm, caused by genetically modified organisms of the description specified in paragraph (2), which is of the description specified in paragraph (3).

2

The genetically modified organisms specified in this paragraph are genetically modified organisms which control—

a

the number or activity (or both) of any organisms, or

b

toxic wastes.

3

The harm specified in this paragraph is harm caused to any organisms by genetically modified organisms which have been released or marketed in pursuance of and in accordance with—

a

a consent granted by the Secretary of State under section 111(1) of the Act, or

b

a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.