The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019

Regulation (EC) No 1830/2003 of the European Parliament and of the Council U.K.

7.—(1) Regulation (EC) No 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC is amended as follows.

(2) In Article 3, after paragraph 13 M1 insert—

“14.   ‘Appropriate authority’ means—

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

but the appropriate authority is the Secretary of State if consent is given by—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15.   ‘Relevant food standards authority’ means—

(a) in relation to England [F3 and Wales], the Food Standards Agency;

(b) in relation to Scotland, Food Standards Scotland.”.

(3) In Article 4(7) M2 , for the words from “established” to “retained EU law” substitute “ referred to in, or, where relevant, the thresholds established or amended under, Article 4A of this Regulation ”.

(4) After Article 4 insert—

“Article 4A U.K. Amending thresholds

1.   In relation to the thresholds provided for in Article 21 of Directive 2001/18/EC of the European Parliament and of the Council on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC M3 or established by virtue of any other relevant retained EU law, an appropriate authority may, by regulations, make provision establishing or amending, where relevant, thresholds mentioned in or established under Article 21(2) or (3) of that Directive.

2.   Before making regulations under paragraph 1, the appropriate authority must consult the relevant food standards authority.”.

(5) For Article 8 substitute—

“Article 8 U.K. Unique identifiers

1.   An appropriate authority may, by regulations, make provision for the purposes of adapting the system, as amended from time to time, and as relevant, for assigning unique identifiers to GMOs referred to in Articles 2 and 3 of Commission Regulation (EC) No 65/2004 M4 .

2.   Before making regulations under paragraph 1, the appropriate authority—

(a) must take account of developments in international fora, and

(b) must consult the relevant food standards authority.”.

(6) For Article 9(2) M5 substitute—

“2.   An appropriate authority may—

(a) publish technical guidance on sampling and testing for the purposes of facilitating the implementation of this Regulation;

(b) make provision, by regulations, on sampling and testing for the purposes mentioned in point (a), having first consulted the relevant food standards authority.”.

(7) For Article 10 substitute—

“Article 10 U.K. Regulations

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M6 .

F4 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

5.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

6.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

F4 7.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments);

(b) make different provision for different purposes.”.

Textual Amendments

F1 Words in reg. 7(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), regs. 1(4), 6(a)(i)(aa)

F2 Words in reg. 7(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), regs. 1(4), 6(a)(i)(bb)

F3 Words in reg. 7(2) substituted (31.12.2020 immediately before IP completion day) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), regs. 1(4), 6(a)(ii)

F4 Words in reg. 7(7) omitted (31.12.2020 immediately before IP completion day) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1421), regs. 1(4), 6(b)

Commencement Information

I1 Reg. 7 in force at 31.12.2020 in force on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 Paragraph 13 in Article 3 was inserted by S.I. 2019/90.

M2 Article 4 was amended by S.I. 2019/90.

M3 OJ No L 106, 17.4.2001, p. 1, as last amended by Commission Directive (EU) 2018/350 (OJ No L 67, 9.3.2018, p. 30).

M4 Articles 2 and 3 were amended by S.I. 2019/90.

M5 Article 9 was amended by S.I. 2019/90.

M6 2010 asp 10.