1 Any person who handles genetically modified organisms directly in the environment must take the required technical, organisational and staffing measures to prevent undesired mixing with non-genetically modified organisms; in particular, he or she must:
- a.
- observe the required distances for production that does not use genetically modified organisms;
- b.
- clean all equipment and machines thoroughly after use in accordance with recognised methods, if they are also used for non-genetically modified organisms;
- c.
- take precautions to prevent losses of genetically modified organisms;
- d.
- keep the relevant information about the handling and forward it to the recipients in an appropriate form.
2 Any person who handles genetically modified organisms directly in the environment must, in exceptional events, document losses of genetically modified organisms and take appropriate measures to restore the original conditions.
3 Any person who markets genetically modified organisms must have an appropriate quality control system, which ensures, in particular, that:
- a.
- weak points at which mixtures or confusions could occur are recognised;
- b.
- the required technical, organisational and staffing measures to prevent mixtures are established and enforced;
- c.
- regular checks are carried out to examine the workability of the measures;
- d.
- the persons responsible are adequately trained;
- e.
- complete records are kept.
4 Any person who markets genetically modified organisms or products made from such organisms must:
- a.
- provide written information of the corresponding unique identifier, in accordance with the Annex to the Commission Regulation (EC) No 65/2004 of 14 January 200421 establishing a system for the development and assignment of unique identifiers for genetically modified organisms, or, if this is lacking, the identity of the organisms, giving the essential characteristics, if the organisms and products require labelling in accordance with Article 10;
- b.
- provide the name and address of the person from whom further information can be obtained;
- c.
- forward all further relevant information that comes from their own supplier, in particular such information about the properties of the organisms, if it is significant for the protection of production that does not use genetically modified organisms, and information about the handling in the environment, to prevent the provisions on the protection of production that does not use genetically modified organisms being contravened.
5 Any person who markets genetically modified organisms or products made from such organisms must keep the following details for five years:
- a.
- the information in accordance with paragraph 4;
- b.
- the name and address of the recipient, but not those of the consumers;
- c.
- the name and address of the supplier.
6 Corresponding provisions in the legislation on foodstuffs and agriculture are reserved.
21 OJ. L 10 of 16.1.2004, p. 5; the text of the Regulation can be obtained from FOEN, 3003 Bern.