The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Welsh Statutory Instruments

2019 No. 379 (W. 94)

Exiting The European Union, Wales

Environmental Protection, Wales

The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Sift requirements satisfied

18 February 2019

Made

26 February 2019

Laid before the National Assembly for Wales

27 February 2019

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms.

The Welsh Ministers make the following Regulations in exercise of the powers conferred by—

(a)

in relation to Part 1, the provisions referred to in paragraphs (b) and (c);

(b)

in relation to Part 2, section 2(2) of the European Communities Act 1972;

(c)

in relation to Part 3, paragraph 1(1) of Schedule 2 and paragraph 21(a) of Schedule 7 to, the European Union (Withdrawal) Act 2018 M3 .

The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations have been satisfied.

Marginal Citations

M1 S.I. 2003/2901. By virtue of paragraphs 28(1) and 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32), S.I. 2003/2901 has effect as if made under section 59(1) of that Act.

M2 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

M3 2018 c.16.

PART 1 E+W Introduction

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.

(2) Parts 1 and 2 of these Regulations come into force 21 days after the day on which these Regulations are laid.

(3) Part 3 of these Regulations comes into force on exit day.

(4) These Regulations apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 20.3.2019, see reg. 1(2)

PART 2 E+W Amendments to out of date references

Amendments to the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 E+W

2.—(1) The Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 M4 are amended as follows.

(2) In regulation 16 omit paragraph (f).

(3) Omit regulations 18 and 18A.

(4) In Schedule 3, paragraph 1 for the words “and any specific identification” substitute “ the unique identifier assigned in accordance with Regulation 65/2004, and any other ”.

Commencement Information

I2 Reg. 2 in force at 20.3.2019, see reg. 1(2)

Marginal Citations

M4 S.I. 2002/3188 (W.304), amended by S.I. 2005/1913 (W.156), 2011/1043, 2013/755 (W.90), 2018/1216 (W.249).

F1 PART 3 E+W Amendments to subordinate legislation relating to withdrawal from the European Union

Textual Amendments

F1 Pt. 3 revoked (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Deliberate Release and Transboundary Movement) (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1492), regs. 1(2), 4(2); 2020 c. 1, Sch. 5 para. 1(1)

Amendments to the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002 E+W

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Genetically Modified Organisms (Transboundary Movements) (Wales) Regulations 2005 E+W

F1 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 (c. 68) and paragraph 1(1) of Schedule 2 and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to subordinate legislation, which applies in relation to Wales, relating to the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms.

Part 2 of these Regulations corrects certain out of date references in Welsh subordinate legislation, with effect prior to exit day, in reliance on powers of the Welsh Ministers under section 2(2) of the European Communities Act 1972.

Part 3 of these Regulations makes various amendments to Welsh subordinate legislation in order to correct failures of retained EU law to operate effectively and other deficiencies arising from withdrawal from the European Union.

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a Regulatory Impact Assessment as to the likely costs and benefits of complying with these Regulations.