The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002

Decisions by the National Assembly for Wales on applications for consent to market genetically modified organisms E+W

25.—(1) The National Assembly for Wales may only grant an application for consent to market genetically modified organisms where it has prepared an assessment report which indicates that the genetically modified organisms should be permitted to be marketed and either—

(a) no objection has been raised by a competent authority of a Member State or by the Commission during a 60 day period beginning on the day the Commission circulated the assessment report, or

(b) an objection or objections have been raised by either a competent authority of a Member State or by the Commission but all outstanding issues have been resolved in accordance with Article 15(1) of the Deliberate Release Directive within a 105 day period beginning on the day the Commission circulated the assessment report, or

(c) an objection has been raised by a competent authority of a Member State or the Commission and the Commission has adopted a decision in accordance with Article 18(1) of the Deliberate Release Directive in favour of granting consent.

(2) The National Assembly for Wales shall inform the competent authority or authorities of each Member State and the Commission of its decision to grant consent to market genetically modified organisms within thirty days of its grant.

(3) For the purpose of calculating the final forty-five day period of the one hundred and five days in sub-paragraph (1)(b) above no period during which further information is awaited from the applicant shall be taken into account.

(4) Subject to paragraphs (5) and (6), a consent to market genetically modified organisms may be given for a maximum period of ten years beginning with the day on which the consent is issued.

(5) For the purpose of granting consent to market a genetically modified organism or a progeny of that genetically modified organism contained in a plant variety where the plant variety is intended only for the marketing of its seeds under the relevant [F1 EU] provisions the period of the first consent shall end at the latest ten years after the date of the first inclusion of the first plant variety containing the genetically modified organism on an official national catalogue of plant varieties in accordance with Directives 2002/53/EC M1 and 2002/55/EC M2 as amended.

(6) For the purpose of granting consent to market a genetically modified organism contained in forest reproductive material, the period of the first consent shall end at the latest ten years after the date of the first inclusion of basic material containing the genetically modified organism on an official national register of basic material in accordance with Council Directive 1999/105/EC M3 .

Textual Amendments

F1 Word in Act substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 8, 10(3) (with arts. 8(2)(3), 10(8)(9))

Marginal Citations

M1 OJ No. L193, 20.7.2002, p.1.

M2 OJ No. L193, 20.7.2002 p.33.

M3 Council Directive 1999/105/EC on the marketing of forest reproductive material OJ No. L11, 15.1.2000, p. 17.