Regulation 3 Regulation (EU) No 511/2014 of the European Parliament and of the Council

(1)

Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union is amended as follows.

(2)

In Article 2—

(a)

in paragraph 1, for “Union” substitute “United Kingdom”;

(b)

omit paragraph 3;

(c)

for paragraph 5 substitute—

“5.

Nothing in this Regulation obliges disclosure of information which the Secretary of State considers contrary to the essential interests of national security.”.

(3)

In Article 3—

(a)

for paragraph 10 substitute—

“10.

“associations of users” means an organisation that represents the interests of users in the United Kingdom and that is involved in developing and overseeing the best practices referred to in Article 8 of this Regulation;”;

(b)

after paragraph 11, insert—

“12.

“serious cross-border threat to health” means a life-threatening or otherwise serious hazard to health of biological, chemical, environmental or unknown origin which spreads or entails a significant risk of spreading across national borders, and which may necessitate international coordination in order to ensure a high level of human health protection.”.

(4)

In Article 4—

(a)

in paragraph 7, for “Union” substitute “United Kingdom”;

(b)

in paragraph 8, in the first subparagraph omit the words from “as defined” to “Council”.

(5)

In Article 5—

(a)

in paragraph 1—

(i)

in both places it occurs, for “Commission” substitute “Secretary of State”;

(ii)

omit “within the Union”;

(b)

for paragraph 2 substitute—

“2.

The Secretary of State must, upon request by a collection holder, consider the inclusion of that collection, or a part of it, in the register. After verifying that the collection, or a part of it, meets the criteria set out in paragraph 3, the Secretary of State must without delay include the information received in the register.”;

(c)

for paragraph 4 substitute—

“4.

The Secretary of State must regularly verify that each collection or part of a collection included in the register meets the criteria set out in paragraph 3.

Where there is evidence, on the basis of information provided pursuant to paragraph 3, that a collection or a part of collection included in the register does not meet the criteria set out in paragraph 3, the Secretary of State must, in dialogue with the collection holder concerned and without undue delay, identify remedial actions or measures.

Where the Secretary of State determines that a collection or a part of a collection no longer complies with paragraph 3, the Secretary of State must remove the collection or the part of the collection concerned from the register.”.

(6)

In Article 6—

(a)

for paragraph 1, substitute—

“1.

The Secretary of State must designate one or more competent authorities to be responsible for the application of this Regulation. The Secretary of State must publish from time to time any changes to the names or addresses of the competent authorities responsible for the application of this Regulation.”;

(b)

omit paragraph 2;

(c)

in paragraph 3, for “Commission” substitute “Secretary of State”;

(d)

omit paragraph 4.

(7)

In Article 7—

(a)

in paragraph 1, for “Member States and the Commission” substitute “Secretary of State”;

(b)

in paragraph 3, omit “to the Commission”;

(c)

in paragraph 5, omit “Union or”.

(8)

In Article 8, in paragraphs 1 to 6, in each place it occurs, for “Commission” substitute “Secretary of State”.

(9)

In Article 9—

(a)

in paragraph 2, for “Member States” substitute “The Secretary of State”;

(b)

in paragraph 6—

(i)

in the first subparagraph, omit “Without prejudice to Article 11,”;

(ii)

in the second subparagraph, for “Member States” substitute “the Secretary of State”.

(10)

For Article 10(2) substitute—

“2.

The information referred to in paragraph 1 must be made available—

(a)
in England, Wales and Northern Ireland, in accordance with the Environmental Information Regulations 2004^f1;”

(b)
in Scotland, in accordance with the Environmental Information (Scotland) Regulations 2004^f2.”.

(11)

Omit Article 11.

(12)

In Article 12—

(a)

in point (a), omit “and with the Commission”;

(b)

omit point (d).

(13)

In Article 13—

(a)

in the words before point (a), for “Commission and Member States” substitute “Secretary of State”;

(b)

in point (a), for “Union” substitute “United Kingdom”.

(14)

Omit Article 15.

(15)

For Article 16 substitute—

“Article 16

Reports and review

1.

Unless an alternative interval for reports is determined, as referred to in Article 29 of the Nagoya Protocol, the Secretary of State must prepare a report on the application of this Regulation every five years beginning with the day after exit day.

2.

Every 10 years after the first report the Secretary of State must, on the basis of reporting on, and experience with the application of, this Regulation, review the functioning and effectiveness of this Regulation in achieving the objectives of the Nagoya Protocol. In carrying out the review the Secretary of State must, in particular, consider the administrative consequences for public research institutions, micro, small or medium-sized enterprises and specific sectors. The Secretary of State must also consider the need to review the implementation of the provisions of this Regulation in light of developments in other relevant international organisations.

3.

The Secretary of State must report to the Conference of the Parties to the Convention serving as the meeting of the Parties to the Nagoya Protocol on the measures taken by the United Kingdom to implement compliance measures in respect of the Nagoya Protocol.”.

(16)

After Article 17, omit the words from “This Regulation” to “Member States.”.

Annotations

Footnotes

f1: S.I. 2004/3391, which was amended by the Data Protection Act 2018 (c. 12); there is another amending instrument but it is not relevant.
f2: S.S.I. 2004/520, which was amended by the Data Protection Act 2018 (c. 12); there are other amending instruments but they are not relevant.