The Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Genetically Modified Organisms (Contained Use) Regulations 2000 (S.I. 2000/2831) (“the 2000 Regulations”), as amended by the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2002 (S.I. 2002/63). The principal amendments are as follows.

2.  Paragraph 7 of regulation 2 revokes regulations 22, 23 and 23A and paragraph 8 amends regulation 24. Paragraph 9(a) removes appeal provisions relating to regulations 22 and 23. Regulation 4 revokes the provision in the Genetically Modified Organisms (Contained Use) Regulations 2002, which inserted regulation 23A into the Genetically Modified Organisms (Contained Use) Regulations 2000. These amendments implement the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (O.J. No. L41, 14.2.2003, p.26) and repealing Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (O.J. No. L158, 23.6.1990, p. 56). The existing provisions in the 2000 Regulations implemented the provisions of Article 19 of Council Directive 90/219/EEC of 23 April 1990 on the contained use of genetically modified micro-organisms (O.J. No. L117, 8.5.1990, p. 1) as amended by Commission Directive 94/51/EC of 7 November 1994 (O.J. L297, 18.11.94, p. 29) and Council Directive 98/81/EC of 26 October 1998 (O.J. No. L330, 5.12.98, p. 13). These provisions have been superseded by Directive 2003/4/EC which is implemented by the Environmental Information Regulations 2004 (S.I. 2004/3391) and the Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520).

3.  Paragraph 10 of regulation 2 removes regulation 30 so that the Regulations are no longer extended outside Great Britain.

4.  Paragraph 11 of regulation 2 requires additional information for notifications. This is necessary in order to fully comply with the requirements of Regulation 1946/2003/EC of the European Parliament and of the Council of 15 July 2003 on transboundary movements of genetically modified organisms (O.J. No. L287, 5.11.2003, p. 1).

5.  Paragraphs 12 to 16 of regulation 2 amend the containment levels for specified containment measures.

6.  The remaining paragraphs of regulation 2 make changes to correct errors, including provisions for representation at appeals, provisions in respect of Wales and provisions for notifications and appeals relating to premises and activities that are situated partly in Scotland.

7.  The Regulations also amend the Health and Safety (Fees) Regulations 2005 (S.I. 2005/676). Under regulation 3, no fee shall be charged in respect of notifications under regulation 11(1) or applications under regulation 18(2) of the 2000 Regulations that have arisen as a result of the changes to containment measures in regulation 2.

8.  A copy of the regulatory impact assessment prepared in respect of these Regulations may be obtained from the Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. A copy has been placed in the library of each House of Parliament.