The Nagoya Protocol (Compliance) Regulations 2015

Stop noticeU.K.

This section has no associated Explanatory Memorandum

12.—(1) The Secretary of State may serve a notice (“a stop notice”) on any person—

(a)in relation to a failure to comply with any provision referred to in regulation 8(1), prohibiting that person from carrying on an activity specified in the notice until the person has taken the steps specified in the notice;

(b)where a person is likely to make available on the market a product developed by means of the utilisation of genetic resources or traditional knowledge associated with genetic resources for which the obligations under the EU Regulation have not been met, requiring that person to take such steps and, within such period as the notice may specify, to secure that its being made available on the market is prohibited or restricted.

(2) A stop notice may only be served where—

(a)the person is carrying on the activity, and

(b)the Secretary of State reasonably believes that—

(i)the activity carried on by that person involves or is likely to involve a failure to comply with any provision referred to in regulation 8(1); or

(ii)that person is likely to make available on the market a product developed by means of the utilisation of genetic resources or traditional knowledge associated with genetic resources for which the obligations under the EU Regulation have not been met.