APPENDIX 2
S.I. 2004/2412; S.I. 2004/2692: memorandum from
the Department for Environment, Food and Rural Affairs
Genetically Modified Organisms (Traceability and Labelling) (England) Regulations 2004 (S.I. 2004/2412):
Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004 (S.I. 2004/2692)
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1. The JCSI has asked the Department to explain in relation to
the Genetically Modified Organisms (Traceability and Labelling)
Regulations 2004-
(i) the need for 8(1)(d) in relation to regulation
5(3)(g), given the terms of 8(1)(c);
(ii) why 8(1)(d) refers to a failure to comply
with a request made under regulation 6 instead of a failure to
comply with the requirements of a notice issued under regulation
6;
(iii) whether the intended result could have
been achieved by omitting sub-paragraph (d) and inserting "regulation
6 or" before "regulation 7" in sub-paragraph (e).
2. Regulation 8(1)(d) was included as it was envisaged
that inspectors would seek the information required by regulations
5(3)(g) and 6 by means of a request for information. However,
the Department agrees that the intended result could have been
achieved by omitting sub-paragraph (d) and inserting "regulation
6 or" before "regulation 7" in sub-paragraph
(e).
3. The Department wishes to bring to the attention
of the JCSI a mirror provision contained in regulation 8(1) of
the related Genetically Modified Organisms (Transboundary Movements)
Regulations 2004, which contains the same error. The intended
result of regulation 8(1)(d) could have been achieved by replacing
sub-paragraph (d) with "without reasonable excuse to fail
to comply with the requirements of a notice issued under regulation
7.".
4. The Department undertakes to amend both the Genetically
Modified Organisms (Traceability and Labelling) Regulations and
the Genetically Modified Organisms (Transboundary Movements) Regulations
accordingly at the next possible opportunity.
29 October 2004
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