PART 4Amendments to retained direct EU legislation

CHAPTER 2EU Decisions

Commission Decision 94/730/EC

7.—(1) Commission Decision 94/730/EC establishing simplified procedures concerning the deliberate release into the environment of genetically modified plants pursuant to Article 6(5) of Council Directive 90/220/EEC is amended as follows.

(2) For Article 1 substitute—

Article 1

1.  Applications for consent to release genetically modified plants for any other purpose than marketing may be made in accordance with the simplified procedures set out in the Annex..

(3) Omit Article 2.

(4) The Annex is amended in accordance with paragraphs (5) to (17).

(5) In paragraph 1—

(a)for “notification dossier” substitute “application”;

(b)omit “pursuant to Part B of Directive 90/220/EC”.

(6) In paragraph 2, for “A notifier” substitute “An applicant”.

(7) For paragraph 3 substitute—

The information required in the application is that specified in—

1.  in the case of an application to release in England, Schedule 1 to the Genetically Modified Organisms (Deliberate Release) Regulations 2002;

2.  in the case of an application to release in Wales, Schedule 1 to the Genetically Modified Organisms (Deliberate Release) (Wales) Regulations 2002;

3.  in the case of an application to release in Scotland, Schedule 2 to the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002;

4.  in the case of an application to release in Northern Ireland, Schedule 1 to the Genetically Modified Organisms (Deliberate Release) Regulations (Northern Ireland) 2003..

(8) In paragraph 4—

(a)in the first sentence, for “notification” substitute “application”;

(b)omit the second sentence.

(9) In paragraph 5—

(a)for “notification”, in the first and second places it occurs, substitute “application”;

(b)omit the words from “, and the appropriate” to the end.

(10) In paragraph 6—

(a)for “A notifier” substitute “An applicant”;

(b)for “notification” substitute “application”.

(11) In paragraph 6.1—

(a)for “notification”, in both places it occurs, substitute “application”;

(b)for “initially notified plants” substitute “ plants contained in the initial application”;

(c)for “initially notified recipient plant species” substitute “recipient plant species contained in the initial application”.

(12) In paragraph 7, in the first sentence, for “notifier” substitute “applicant”.

(13) Omit paragraph 7.1.

(14) In paragraph 7.2, for “notifier” substitute “applicant”.

(15) In paragraph 7.3—

(a)for “notifier” substitute “consent holder”;

(b)for “notification” substitute “application”;

(c)for the words from “consent is granted” to the end substitute “new consent is applied for and granted that does not rely on the simplified procedures provided for in this Decision”.

(16) In paragraph 8, omit the second sentence.

(17) In paragraph 9—

(a)in the first sentence, for “notifier” substitute “consent holder”;

(b)in the second sentence, for “a notification” substitute “an application”.