European Union (Genetically Modified Organisms) (Restriction or Prohibition of Cultivation) Regulations 2020

JurisdictionIreland
CitationIR SI 216/2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th June, 2020.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 20151 , hereby make the following regulations:

1. These Regulations may be cited as European Union (Genetically Modified Organisms) (Restriction or Prohibition of Cultivation) Regulations 2020.

2. (1) In these Regulations -

“Agency” means the Environmental Protection Agency;

“assessment report” means the report forwarded by the European Commission to the Agency under Article 14(2) of Directive 2001/18/EC;

Directive 2001/18/EC” means Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC2 as amended by -

(a) Regulation 1829/2003,

(b) Regulation (EC) No. 1830/2003 of the European Parliament and of the Council of 22 September 20033 ,

(c) Directive 2008/27/EC of the European Parliament and of the Council of 11 March 20084 ,

(d) Directive (EU) 2015/412 of the European Parliament and of the Council of 11 March 20151 ,

(e) Commission Directive (EU) 2018/350 of 8 March 20185 , and

(f) Regulation (EU) 2019/1243 of the European Parliament and of the Council of 20 June 20196 ;

“GMO Regulations” means the Genetically Modified Organisms (Deliberate Release) Regulations 2003 ( S.I. No. 500 of 2003 );

“Minister” means the Minister for Communications, Climate Action and Environment;

“opinion” means the opinion of the European Food Safety Authority that is notified to the State under Article 6(6) or Article 18(6) of Regulation 1829/2003;

Regulation 1829/2003” means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed7 .

(2) A word or expression which is used in these Regulations and which is also used in Directive 2001/18/EC has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Directive.

3. The Agency shall be the competent authority for the purposes of Regulations 5 and 6.

4. (1) Where the Agency receives an assessment report or receives notification of an opinion, the Agency shall inform the Minister within 10 days of that receipt.

(2) During the authorisation procedure of a given GMO submitted in accordance with Part C of Directive 2001/18/EC or in accordance with Article 5 or 17 of Regulation 1829/2003, or during the renewal of such consent, the Minister may within 45 days from the date of receipt of an assessment report, or from the date of notification of an opinion, request the European Commission to adjust the geographical scope of the written consent to exclude all or any part of the State from cultivation of the GMO.

(3) Where the Minister wishes all or part of the State to be reintegrated into the geographical scope of the consent from which it was previously excluded pursuant to a request under paragraph (2), he or she may make a request to that effect to the competent authority which issued the written consent under Directive 2001/18/EC, or the European Commission if the GMO has been authorised under Regulation 1829/2003.

(4) Where the Minister does not make a request under paragraph (2), or where the notifier has confirmed the geographical scope of its initial notification in accordance with Article 26b(2) of Directive 2001/18/EC, the Minister may restrict or prohibit the cultivation, in all or part of the State, of a GMO or of a group of GMOs defined by crop or trait, provided such restriction or prohibition conforms with the law of the European Union, is reasoned, proportional and non-discriminatory and is based on compelling grounds such as those related to:

(a) environmental policy objectives;

(b) town and country planning;

(c) land use;

(d) socio-economic impacts;

(e) avoidance of GMO presence in other products;

(f) agricultural policy objectives;

(g) public...

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