The Genetically Modified Organisms (Deliberate Release) Regulations 1995

Amendment of the provisions relating to applications for consent to release

4.—(1) In regulation 2 of the 1992 Regulations (interpretation) there shall be inserted—

(a) after the definition of “the Act” the following definition—

• ““application for a consent to release” shall include any notification made under the First Simplified Procedure (crop plants) Decision and cognate expressions shall be construed accordingly;”.

(b) before the definition of “the Deliberate Release Directive”, the following definition—

• ““controlled waters” in relation to England and Wales, has the meaning given by section 104 of the Water Resources Act 1991(1) and, in relation to Scotland, the meaning given by s. 30A of the Control of Pollution Act 1974(2).”

(c) after the definition of “the Deliberate Release Directive” the following definition—

““the First Simplified Procedure (crop plants) Decision” means Commission Decision 94/730/EC(3);”.

(2) In paragraph (2) of regulation 5 of the 1992 Regulations (Consent to release organisms), after the words “the Secretary of State, and” there shall be inserted the words “, unless made under and in accordance with the provisions set out in the First Simplified Procedure (crop plants) Decision,”.

(3) In sub-paragraph (a) of paragraph (1) of regulation 6 of the 1992 Regulations after the words “appropriate to the proposed release” there shall be added the words “or application”.

(4) In paragraph (1) of regulation 8 of the 1992 Regulations (Advertisement of application for consent to release), for the words “Subject to paragraph (2)”, there shall be substituted the words “Subject to paragraphs (1A) and (2)”.

(5) After paragraph (1) of regulation 8 of the 1992 Regulations there shall be inserted the following new paragraph—

“(1A) A notice published under paragraph (1) above need not contain the information referred to in sub-paragraphs (c) and (d) of that paragraph insofar as the First Simplified Procedure (crop plants) Decision does not require that information to be submitted with the application and that information is not submitted with the application.”

(6) In paragraph (3) of regulation 8 of the 1992 Regulations, after the words “the information prescribed in paragraph in paragraph (1)(a) to (d)” there shall be inserted the words “,save insofar as paragraph (1A) permits such information to be excluded from the notice referred to in paragraph (1)”.

(1)

1991 c. 57.

(2)

1974 c. 40; section 30A is inserted by paragraph (4) of Schedule 23 to the Water Act 1989 (c. 15).

(3)

OJ No. L292, 12.11.94, p.31.