(11)

Article 172 stipulates: ‘1. It shall be prohibited to cultivate genetically modified plants, subject to the provisions of paragraph 2. 2. The Minister with responsibility for agriculture, in consultation with the Minister with responsibility for the environment and after seeking the opinion of the council of the municipality (gmina) in which the genetically modified plants are to be cultivated, shall issue a decision concerning the creation of a zone designated for the cultivation of genetically modified plants in a specified area situated within the territory of the municipality (zone designated for the cultivation of genetically modified plants), following the submission by the applicant mentioned in Article 4(21)(f) of an application for the issue of a decision concerning a zone designated for the cultivation of genetically modified plants. 3. An application for the issue of a decision concerning the creation of a zone designated for the cultivation of genetically modified plants should contain: 1. the forename and surname or name and registered office and the address of the applicant mentioned in Article 4(21)(f); 2. the species and variety of genetically modified plant, the properties obtained as a result of the genetic modification and the unique identifier; 3. the number of the cadastral parcel containing the agricultural parcel within the meaning of the regulations on the national system for keeping records of producers, records of farms and records of applications for the award of payments, the area of the agricultural parcel in hectares, the location of the agricultural parcel within the cadastral parcel, the sheet number of the cadastral map for that cadastral parcel, the name of the cadastral region and the name of the municipality and voivodship. 4. The application shall be submitted in writing and in electronic form. 5. The application mentioned in paragraph 3 shall be accompanied by written declarations from the holders of land within the area of spatial isolation from the land on which it is planned to cultivate genetically modified plants that they do not object to the intention to create a zone designated for the cultivation of genetically modified plants. 6. A copy of the application for the issue of a decision concerning a zone designated for the cultivation of genetically modified plants shall be sent, in writing and in electronic form, within five days following the date on which the application is submitted, by the Minister with responsibility for agriculture to: 1. the Minister with responsibility for the environment; 2. the council of the municipality within which the genetically modified plants are to be cultivated; and these, within 45 days following the date of delivery to them of a copy of the application mentioned in paragraph 3, shall convey their position in the matter, indicating the reasons therefore, to the Minister with responsibility for agriculture. 7. The Minister with responsibility for the environment shall convey to the Minister with responsibility for agriculture the position mentioned in paragraph 6(1) after seeking the opinion of the Team mentioned in Article 26(4) and the opinion of the Committee mentioned in Article 25. 8. The council of the municipality mentioned in paragraph 6(2) shall, immediately after receiving the application, make the information contained therein publicly known in the town or village in which the zone is to be created, in the manner customarily adopted in the area in question.’