GENETICALLY MODIFIED ORGANISMS (CONTAINED USE) REGULATIONS 2000 AND THE PLANT HEALTH ORDER 1993

1 In response to concerns, raised by industry representatives, about the potential duplication of work in situations where both a notification under the Contained Use Regulations and a Plant Health Licence are required, HSE, DEFRA and the Scottish Executive have been looking to address the issue.

2 Overlap between the two laws may occur when industry embarks on work involving genetically modified plant pests. If the activity is class 2 or above then both a GM notification and a plant health licence is required. Activities that require approvals from both schemes are in the same HSE-style risk assessment format and the same officials within Government consider the potential environmental impacts and control measures proposed. It is considered important that Government is consistent in its approach to all risk assessments involving genetic modification, whether in contained use or for a plant health licence, and that a single joint application would ensure an holistic approach to the environmental risk assessment which covers all aspects required under both sets of legislation.

3 HSE, DEFRA and the Scottish Executive are therefore proposing a joint administrative arrangement for licensing and notification whereby a single joint application for a notification for activities involving Class 2 (and above) GMMs and requiring a plant health licence would be submitted to the HSE as post-box. HSE will forward a copy of this notification to either DEFRA or the Scottish Executive as part of the Competent Authority as normal. The environmental risk assessment will then be evaluated for both legislative regimes and there will be cross-Government Department discussions of any issues raised. Because of the different requirements and time scales involved for notifications and plant health licences, applicants will separately receive both an HSE approval/consent, as well as a plant health licence from DEFRA/Scottish Executive.

4 HSE are currently looking at the financial management of this system and will provide another update when this system is ready to come into operation. HSE, DEFRA and the Scottish Executive will be working together to ensure a co-ordinated approach to inspection.