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12. The Secretary of State may only grant an authorisation in respect of seed of a genetically modified variety under paragraphs 8 to 11 if the marketing and release of the genetically modified material by the applicant have been authorised for cultivation under either—
(a)Directive 2001/18/EC of the European Parliament and of the Council (on the deliberate release into the environment of genetically modified organisms(1)), or
(b)Council Regulation (EC) No 1829/2003 (on genetically modified food and feed(2)).
OJ No L 106, 17.4.2001, p. 1.
OJ No L 268, 18.10.2003, p. 1.
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