Regulation 4 Commission Implementing Regulation (EU) No 2015/1866

(1)

Commission Implementing Regulation (EU) No 2015/1866 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices is amended as follows.

(2)

In Article 2—

(a)

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

(b)

omit point (a);

(c)

in point (g), for the words from “institution” to “Member State” substitute “details of the competent authority”.

(3)

In Article 3—

(a)

in the heading, omit “and notification to the Commission”;

(b)

omit paragraphs 2 and 4.

(4)

In Article 5—

(a)

in paragraph 1, omit from “of the Member State” the first time it occurs, until the end;

(b)

in paragraph 2, for “national authorities” substitute “Secretary of State”;

(c)

in paragraph 3, omit the second and third sentences;

(d)

omit paragraph 4.

(5)

In Article 6—

(a)

in paragraph 1, for the words from “competent authority” until the end of the first sentence substitute “relevant competent authority”;

(b)

in paragraphs 2 and 4, in each place it occurs, for “Union” substitute “United Kingdom”.

(6)

In Article 7, omit paragraphs 3 and 4.

(7)

For Article 8 substitute—

“Article 8

Application for recognition of a best practice

1.

An application submitted in accordance with Article 8(1) of Regulation (EU) No 511/2014 must be made to the Secretary of State by providing the information and supporting documentation specified in Annex 4 to this Regulation.

2.

An interested party that does not represent users but is involved in the access, collection, transfer or commercialisation of genetic resources or in developing measures and policy related to genetic resources must provide with its application information, as specified in Annex 4 to this Regulation, on its legitimate interest in developing and overseeing a combination of procedures, tools or mechanisms, which, when effectively implemented by a user, enables that user to comply with the obligations provided for in Articles 4 and 7 of Regulation (EU) No 511/2014.

3.

The Secretary of State must acknowledge receipt of an application within 20 working days from the date of receipt of the application. The Secretary of State must provide the applicant with an indicative time limit within which a decision on the application will be taken. The Secretary of State must inform the applicant if additional information or documentation is required in order to carry out the assessment of the application.

4.

The applicant must submit to the Secretary of State any additional information and documentation requested without undue delay.

5.

The Secretary of State must inform the applicant each time of any revision to the indicative time limit within which a decision on the application will be taken due to the necessity to obtain additional information or documents for the assessment of the application. The Secretary of State must inform the applicant in writing of the status of the assessment of the application at least every six months.”.

(8)

For Article 9 substitute—

“Article 9

Recognition and withdrawal of recognition as best practice

1.

Where the Secretary of State decides to grant recognition as best practice under Article 8(2) of Regulation (EU) No 511/2014 or to withdraw the recognition of best practice under Article 8(5) of that Regulation, the Secretary of State must inform the association of users or the other interested parties of that decision without undue delay.

2.

The Secretary of State must state reasons for the decision to grant recognition as best practice or to withdraw the recognition of best practice, and must publish that decision in the register established under Article 8(6) of Regulation (EU) No 511/2014.”.

(9)

For Article 10 substitute—

“Article 10

Information on subsequent changes to a recognised best practice

Where the Secretary of State is informed, pursuant to Article 8(3) of Regulation (EU) No 511/2014, of any changes or updates made to a recognised best practice, the Secretary of State must assess whether the changed or updated combination of procedures, tools or mechanisms still enables users to comply with their obligations provided for in Articles 4 and 7 of Regulation (EU) No 511/2014.”.

(10)

In Article 11—

(a)

in each place it occurs, for “Commission” substitute “Secretary of State”;

(b)

omit paragraphs 3 and 4;

(c)

in paragraph 5—

(i)

insert “and assist” after “co-operate with”;

(ii)

omit “and assist it in its actions”.

(11)

In Article 12, for “Commission” substitute “Secretary of State”.

(12)

After Article 13, omit the words from “This Regulation” to “Member States.”.

(13)

In Annex 1, in Part B, point (d), omit the words from “, and about” until the end.

(14)

In Annex 2, in Part B, omit paragraph 5.

(15)

In Annex 3—

(a)

in Part A, in each place it occurs (including in footnote 2), for “Union” substitute “United Kingdom”;

(b)

in Part B—

(i)

in paragraph 2, for “registration code” substitute “details”;

(ii)

in paragraph 3—

(aa)

after “511/2014” insert “, or other recognised best practice”;

(bb)

for “registration number” substitute “identifying details of that best practice”;

(iii)

for paragraphs 5 and 6 substitute—

“5.

Any markets outside the United Kingdom on which the product has been placed:”.

(16)

In Annex 4—

(a)

in paragraph 3, point (a), for the words from “Member State” until the end substitute “competent authority”;

(b)

omit paragraphs 8 and 9.