The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002
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- Wales Statutory Instruments
- 2002 No. 3188 (W. 304)
- Part V
- Regulation 32
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Version Superseded: 31/12/2020
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New information on risks of damage to the environmentE+W
32.—(1) The National Assembly for Wales shall immediately forward to the Commission and the competent authority or authorities of each Member State any new information which becomes available to it which it considers could affect the assessment of the risk of damage being caused to the environment by releasing or marketing genetically modified organisms.
(2) Where an application for consent or for renewal of consent to market genetically modified organisms has been made to the National Assembly for Wales and the information referred to in paragraph (1) becomes available to it before the application has been determined, it may seek to reach agreement with the Commission and the other Member States pursuant to Articles 15(1) or 17(7) of the Deliberate Release Directive as applicable.
(3) Where an application for consent or renewal of a consent to market genetically modified organisms has been made to the National Assembly for Wales and the information referred to in paragraph (1) becomes available to it after the consent has been granted or renewed, it shall ensure that an assessment report prepared in accordance with Schedule 4, indicating whether the conditions of the consent should be varied, and, if so, how, or whether the consent should be revoked, is forwarded to the Commission within 60 days of the date of receipt of the new information.
(4) Where the National Assembly for Wales has indicated that the consent should be varied and either—
(a)no objection has been raised by a competent authority of any 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 a competent authority of any Member State or by the Commission but all outstanding issues have been resolved in accordance with Article 20(3) of the Deliberate Release Directive,
it shall vary or revoke the consent as proposed and inform the applicant, the competent authority or authorities of each member State and the Commission that it has done so within 30 days thereof.
(5) The National Assembly for Wales shall only vary or revoke a consent to market genetically modified organisms under section 111(10) of the Act—
(i)where the information referred to in paragraph (1) has become available to it, and the procedure referred to in paragraphs (3) and (4) have been complied with, or
(ii)in accordance with a decision adopted by the Commission in accordance with Articles 18(1) or 23(2) of the Deliberate Release Directive.
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