SCHEDULE 4Exceptions

PART 2Marketing seed that does not comply with Schedule 2

Restrictions relating to genetically modified seed12

F11

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 F2...—

a

F3before the day on which IP completion day falls, been authorised under Directive 2001/18/EC of the European Parliament and of the Council (on the deliberate release into the environment of genetically modified organisms30), F4...

b

F5been authorised under Regulation (EC) No 1829/2003 (on genetically modified food and feed) F5, or

F6c

been authorised under the GMO Regulations.

2

For the purpose of paragraph (1), “the GMO Regulations” means—

a

in relation to England, the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

b

in relation to Wales, the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

c

in relation to Scotland, the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

d

in relation to Northern Ireland, the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003.