Regulation Of The Intersecretarial Commission On Biosecurity Of Genetically-Modified Organisms

Original Language Title: Reglamento de la Comisión Intersecretarial de Bioseguridad de los Organismos Genéticamente Modificados

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REGULATION of the Intersecretarial Committee on Biosafety of Genetically Modified Organisms

A regulation of the Biosafety Intersecretarial Commission of Genetically Modified Organisms.

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, exercising the power conferred on me by Article 89, fraction I of the Political Constitution of the United States Mexicans, and based on the provisions of Articles 1, 2, 3, 19, 20, 21, 108, 109 and other applicable of the Law on Biosafety of Genetically Modified Organisms; 13, 31, 32 Bis, 34, 35, 38 and 39 of the Organic Law of the Federal Public Administration, and 1, 2 and 3 of the Science and Technology Act, I've had good issue the following:

REGULATION OF THE INTERSECRETARIAL COMMISSION OF BIOSECURITY OF GENETICALLY MODIFIED ORGANISMS

CHAPTER I OF GENERAL PROVISIONS

Article 1.- This Regulation is intended to regulate the organization and operation of the Intersecretarial Commission for Biosafety of the Genetically Modified.

Article 2.- For the purposes of this Regulation:

I.         CIBIOGEM: Commission Intersecretarial Biosafety of Genetically Modified Organisms;

II.        CONABIO: National Commission for the Knowledge and Use of Biodiversity;

III.       CONACYT: National Council for Science and Technology;

IV.      Law: Law on Biosafety of Genetically Modified Organisms;

V.       OGMs: Genetically modified organism or organisms;

VI.      Protocol: Cartagena Protocol on Biosafety of the Convention on Biological Diversity;

VII.     SAGARPA: Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food;

VIII.    HEALTH: Health Secretary;

IX.      SE: Economic Secretariat;

X.       SEMARNAT: Secretariat for Environment and Natural Resources;

Xl.      SEP: Secretariat of Public Education, and

XII.     SHCP: Secretariat of Finance and Public Credit.

Article 3.- In accordance with the provisions of Article 19 of the Law, the CIBIOGEM is a Lntersecretarial Commission that aims to formulate and coordinate the policies of the Federal Public Administration regarding the biosafety of GMOs, and will be made up of the holders of SAGARPA, SEMARNAT, HEALTH, SEP, SHCP, SE and CONACYT.

The CIBIOGEM may invite other agencies to participate with a voice in the sessions related to its object, as well as to members of the Scientific Advisory Board and specialists who, by the nature of the matters to be dealt with, be relevant.

Article 4.- For the development of its functions, the CIBIOGEM will have a President, a Vice President and an Executive Secretary, whose functions and powers are detailed in the This Regulation. It will also have the following technical and advisory bodies:

I. Technical Committee;

II. Scientific Advisory Board, and

III. Joint Consultative Council.

CHAPTER II OF THE FUNCTIONS OF THE CIBIOGEM

Article 5.- For the fulfillment of its object, the CIBIOGEM will have the following functions:

I. Formulating and coordinating the national biosecurity policies of GMOs, as well as proposing to the competent agencies the incorporation of these policies into the sectoral programmes;

II. Coordinate, follow up and evaluate the implementation of the national biosecurity policies of OGMs;

III. To promote and promote collaboration in a coordinated manner for its members, for compliance with the Law and the objectives of the CIBIOGEM;

IV. Promote the strengthening of the capacity of institutions whose activities are related to GMOs, for the fulfilment of the objectives of the Law and other provisions applicable;

V. Define the positions of Mexico on the biosafety of GMOs and present, through the designated delegation, those positions to the international organizations and forums corresponding;

VI. Coordinate the organization of the Mexican delegations and representations in the events and in the international organizations in the field, without prejudice to the participation that corresponds to the Secretariat for External Relations;

VII. Analyze and, where appropriate, propose the concertation of international legal instruments relating to the international transboundary movements of OGMs;

VIII. Promote on the international bilateral, regional and multilateral level, the exchange of information on OGMs;

IX. Verify the proper implementation of the activities of the Executive Secretariat in its liaison and National Focal Center activities to the Protocol's Technical Secretariat;

X. Develop, through the Executive Secretariat, the National System of Information on Biosafety and promote the collaboration of the agencies and entities of the Administration Federal Public in the field of GMOs for the effective operation of the System;

Xl. Seek the effective collaboration of the agencies and entities of the Federal Public Administration in the field of their respective competencies for the structuring and operation of the National Register of Biosafety of the OGMs;

XII. Promote, with the participation of CONABIO, the establishment of a database on the presence and distribution of wild species related to GMOs that are they may release, as well as monitoring and evaluation mechanisms for the impact on the environment, human and animal health, arising from the release, production and consumption of GMOs and products containing them;

XIII. Dictate, with the participation that corresponds to the Scientific Advisory Council, on the establishment of free zones of GMOs for the purposes established by the Law, the opinion of CONABIO;

XIV. Define and agree on studies and socio-economic considerations to be carried out in order to know the effects of GMOs that are released into the national territory, and to establish mechanisms for the consultation and participation of indigenous peoples and communities established in the areas where GMOs are intended to be released, where appropriate, in coordination with the competent authorities;

XV. Notify, through the Executive Secretariat, requests for release permits to the OGMs environment to the governments of the federal entities in which it is intended to This activity, so that they can issue their opinions in the terms of the Law;

XVI. Promote programs for technology transfer and scientific research involving the use of OGMs;

XVII. Approve the proposal of Executive Secretary that the Director General of CONACYT will present to the President of the Republic for his appointment;

XVIII. Approve the Executive Secretariat's annual work program;

XIX. Issue your operating rules, which will contain:

a) The rules of organization and operation of the Technical Committee;

b) The rules of organization and operation of the Scientific Advisory Board;

c) The rules of organization and functioning of the Joint Consultative Council, as well as the mechanisms for the incorporation of its members;

d) The provisions regarding sessions, agreements, and other issues of their operation, and

e) The mechanisms of participation that the Law establishes.

XX. Other than those set forth in the Law and other applicable provisions and those to be entrusted to you by the Federal Executive.

Article 6.- For the CIBIOGEM to be validly sessionable, the assistance of the majority of its members will be required, and their agreements will be taken by consensus.

CHAPTER III OF THE PRESIDENCY AND VICE-PRESIDENCY OF THE CIBIOGEM

Article 7.- The chair of the CIBIOGEM will be held on a rotating basis by the holders of HEALTH, SAGARPA and SEMARNAT for two-year periods, in that order.

It will be the functions of the President of the CIBIOGEM:

I. Chair the sessions of the CIBIOGEM;

II. To foster collaboration between the dependencies and entities that integrate it to meet the objectives of the CIBIOGEM;

III. Inform the President of the Republic of the CIBIOGEM agreements and the aspects that merit their knowledge, and

IV. The others that are necessary for the execution of the CIBIOGEM agreements.

Article 8.- The Vice Presidency of the CIBIOGEM will be in charge of the Director General of CONACYT, who will have the following functions:

I. Chair sessions in the absence of the Chair of the CIBIOGEM;

II. Present to the President of the Republic the proposal of the CIBIOGEM for the designation of its Executive Secretary, in the terms of section IV of article 19 of the Law;

III. Coassist with the CIBIOGEM and with the Executive Secretary of the CIBIOGEM in the exercise of their functions, and

IV. Perform the other activities entrusted to you by the CIBIOGEM, which are set out in the operating rules and other applicable provisions.

CHAPTER IV OF THE EXECUTIVE SECRETARY OF THE CIBIOGEM

Article 9.- The Executive Secretariat will have the following attributions:

I. Develop the project of national policies of the Federal Public Administration regarding the biosafety of GMOs.

II. Promote and manage the incorporation of national policies regarding the biosafety of GMOs in the National Development Plan, as well as in the sectoral programmes corresponding;

III. Fungir as the National Focal Point to the Protocol's Technical Secretariat;

IV. To carry out the activities related to the intervention of Mexico in the international organizations and forums in the competition matters of the CIBIOGEM, with the participation that corresponds to the Foreign Secretary;

V. Project, organize and operate the National Biosafety Information System, for which you will request the information that is required, as well as incorporate the corresponding one to the Registry National Biosafety of the OGMs;

VI. Project, organize and operate the National Biosafety Register of the OGMs;

VII. Request, collect, and integrate competent agencies and agencies, the information required by the Protocol Secretariat and provide it to your Information Exchange Center on Biosafety of Biotechnology;

VIII. Formulate and prepare the report of the country's existing general situation in the field of biotechnology and biosecurity, for its annual publication;

IX. Driving, coordinating and operating the mechanisms of participation that are established in the rules of operation of the CIBIOGEM in terms of the applicable provisions;

X. Formulate and prepare the opinion for the establishment of free zones of GMOs, with the opinion of CONABIO;

Xl. Notify the release permission requests to the OGMs environment, to the governments of the federative entities in which the activity is intended to be carried out, to effect of having knowledge of that situation and being able to express their views on the terms provided for in the Act;

XII. Perform or commission technical studies and research that approves the CIBIOGEM, necessary for the fulfillment of its object;

XIII. Request to the members of the CIBIOGEM the information concerning the agreements or coordination agreements that they conclude with the governments of the federal entities, for the risk monitoring of GMOs that are released into the environment;

XIV. Prepare and present to the CIBIOGEM the analyses and proposals for the formulation of the Program for the Development of Biosafety and Biotechnology;

XV. Support agencies and entities competent in the formulation of technology transfer programs involving the use of GMOs, and

XVI. To perform the others to establish other applicable provisions, and those entrusted to you by the Chair of the CIBIOGEM.

Article 10.- Corresponds to Executive Secretary:

I. Manage and exercise the resources assigned by CONACYT to the Executive Secretariat, in accordance with the Law and other applicable provisions;

II. Convening the CIBIOGEM sessions, raising the corresponding minutes, and performing the other functions that grant you the rules of operation;

III. Coordinate and chair the Technical Committee;

IV. Be the link of the CIBIOGEM to institutions and bodies whose object is related to GMOs

V. Coordinate the relationship of the CIBIOGEM with the Scientific Advisory Board and the Joint Consultative Council;

VI. Subscribe to the opinions, notifications, and other documentation that, in accordance with the Law, is applicable to the CIBIOGEM;

VII. Report to the CIBIOGEM on the results of the studies and investigations on their charge;

VIII. Present to the CIBIOGEM the draft rules of operation as well as their modifications;

IX. Agree with the President of the CIBIOGEM on the issues of their competence;

X. Submit for consideration of the CIBIOGEM the annual work program and the report of relative activities,

Xl. Exercise the powers granted to you by the CONACYT Organic Statute, the other provisions and those entrusted to you by the Chair of the CIBIOGEM.

CHAPTER V OF TECHNICAL AND ADVISORY BODIES

Article 11.- The Technical Committee is a collegial body of a technical nature that will be responsible for supporting the CIBIOGEM with the analysis and proposals, as well as contributing to the coordination and collaboration of its members, in order to carry out their duties. It shall be composed of representatives who appoint the members of the CIBIOGEM, at a hierarchical level of no less than that of the Director-General or their equivalent, who shall have their respective alternates.

Corresponds to the Technical Committee:

I. Act as an organ of support, coordination, and technical cooperation;

II. Support in the formulation of national policy proposals regarding OGMs;

III. Analyze and integrate information that is required to define Mexico's international position on OGMs;

IV. Take the necessary actions to facilitate the collaboration and coordination of the members of the CIBIOGEM;

V. Support in the integration and operation of the National Biosafety Information System and the National Biosafety Register;

VI. Formulate opinions to the CIBIOGEM regarding the results of the work carried out by the Scientific Advisory Board and the Joint Consultative Council;

VII. Support the Executive Secretariat in the implementation of actions and management of the issues you have in your office, as well as provide you with the technical advice you need;

VIII. Prepare the documentation, information, and data requested by the CIBIOGEM, and

IX. Exercise the other privileges that are established in the Law and applicable provisions.

The Committee, by agreement and in accordance with the nature of the matters to be dealt with, may invite specialists to its working sessions to obtain the technical opinions required.

Article 12.- The Scientific Advisory Board shall be organized in accordance with the following provisions:

I. It will be integrated by thirteen experts in the disciplines that will be established in the respective call, coming from centers, universities, research institutions, academies or scientific societies of recognised prestige, which shall exercise their function in a personal and honorary manner;

II. The members of the Scientific Advisory Board shall last for a period of three years, which may be renewed for one time in a row;

III. The selection of the members of the Scientific Advisory Council will be carried out by means of public convocation jointly issued by CONACYT and the Scientific and Technological Consultative Forum. provided for in the Science and Technology Act;

IV. The formulation of calls for the elaboration of research protocols, analyses, methodologies and the technical opinions required by the CIBIOGEM for the exercise of its functions;

V. Report to the CIBIOGEM on the results of the technical studies and investigations that I conducted, in cases where the Council participates in the complaints that are presented for environmental damage or biodiversity;

VI. Members of the Scientific Advisory Board shall elect a coordinator from among its members, who shall exercise such function for one year without the possibility of immediate re-election, and

VII. The other aspects relating to the organization and functioning of the Scientific Advisory Board shall be established in the operating rules issued by the CIBIOGEM.

Article 13.- The CIBIOGEM Joint Consultative Council is an auxiliary consultation and opinion body of the CIBIOGEM itself. It shall be composed of representatives of associations, chambers or companies of the private, social and productive sectors who shall participate in an honorary manner, in accordance with the provisions of the Law and other applicable provisions.

TRANSIENT

FIRST.- This Regulation shall enter into force on the day following its publication in the Official Journal of the Federation.

SECOND.- The Agreement establishing the Intersecretarial Commission on Biosafety and Genetically Modified Organisms is hereby repealed in order to coordinate the policies of the Public Administration Federal concerning biosecurity and production, import, export, mobilization, propagation, release, consumption and, in general, use and use of genetically modified organisms, their products and by-products published in the Official Journal of the Federation on 5 November 1999.

THIRD.- The Intersecretarial Commission for Biosafety and Genetically Modified Organisms will issue its operating rules within sixty business days following the entry into force of the This Regulation.

FOURTH.- The Chair of the Committee on Biosafety and Genetically Modified Organisms will be held by the Secretary of the Environment and Natural Resources Department until the 31 December 2006; at the end of that period, the Presidency of the Commission shall be transferred to the Secretariat of Health under Article 7 of this Regulation.

QUINTO.- For the purpose of the renewal of the members of the Scientific Advisory Council to be progressive and staggered, for the only time the members who make it, will last in that order: four members one year, four members two years and five members three years. The above will be determined by an insaculation procedure.

Given at the residence of the Federal Executive Branch, in Mexico City, Federal District, on the twenty-four days of November of two thousand six.- Vicente Fox Quesada.-Heading.-The Secretary of Finance and Public Credit, José Francisco Gil Díaz.-Heading.-The Secretary of the Environment and Natural Resources, José Luis Luege Tamargo.-Heading.-The Secretary of the Economy, Sergio Alejandro García de Alba Zepeda.-Heading.-The Secretary of Agriculture, Livestock, Rural Development, Fisheries and Food, Francisco Javier Mayorga Castañeda.-Heading.-The Secretary of Public Education, Reyes S. Tamez Guerra.-Heading.-The Secretary of Health, Julio José Frenk Mora.-Heading.