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Decree No. 2009 - December 23, 2009 1409

Original Language Title: Décret n° 2009-1409 du 23 décembre 2009

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Decree No. 2009-1409 of 23 December 2009

Decree No. 2009-1409 of 23 December 2009 on the missions, organization and operation of the National Security Authority (ANB).

PRESENTATION REPORT

Senegal, faithful to its long tradition of conservation of biological diversity, has signed and ratified the Cartagena Protocol on Biosafety.

This instrument, which is the first legally binding International Agreement on Genetically Modified Organisms (GMOs) resulting from modern biotechnology, regulates only the cross-border movement of these organisms, i.e. Imports, exports and transit of the latter. It allows each party the flexibility to establish a national biosafety or biosafety framework to regulate all activities related to genetically modified organisms or derived products.

As a result, the Biosafety Bill has been drafted. This draft, in its general provisions on the regulation and control of activities relating to genetically modified organisms or derivatives, has enshrined in Article 5 the creation of an institutional framework for its own implementation. To make an informed decision on any application for authorisation in order to carry out the said activities. The main organ of this institutional framework is the National Biosafety Authority (ANB).

The ANB is also the National Competent National Authority on Biosafety. It is responsible for carrying out, on behalf of the country, all the functions referred to in the Cartagena Protocol. These functions range from the receipt of notifications to the monitoring and control of the implementation of the decisions it takes in accordance with the provisions of the law of which it also ensures research and the recognition of infringements. Relative.

This Decree shall specify the organisation, powers and functioning of the National Security Authority (ANB).

It is, Mr President of the Republic, the economy of this draft decree that I have the honour to submit to your approval and signature.

The President of the Republic:

Having regard to the Constitution;

Given the International Plant Protection Convention;

Given the Convention on Biological Diversity of 5 June 1992;

Considering the Cartagena Protocol on Biosafety to the Convention on Biological Diversity of 29 January 2000;

Having regard to the Uniform Act of the OHADA of 17 April 1997 on general commercial law;

In view of the amended Penal Code Act No. 65-60 of 21 July 1965;

In view of Act No. 66-48 of 27 May 1966 on the control of food products and the suppression of fraud;

In view of Law No. 83-71 of 5 July 1983 on the Code of Hygiene;

In view of Law No. 84-14 of 2 February 1984 on the control of agro-pharmaceutical specialities and assimilated specialities;

Having regard to Law No. 94-81 of 23 December 1994 organizing the production, certification and trade of seeds;

Having regard to Act No. 2001-01 of 15 January 2001 on the Code of Invironment;

In view of Act No. 2002-24 of 9 December 2002 on the genetic improvement of domestic animal species;
In view of Law No. 2009-27 of 13 July 2009 on Biosafety;
In view of Decree No. 60-121 of 10 March 1960 establishing the phytosanitary control of imports and exports of plants and plant products;

In view of Decree No. 68-507 of 7 May 1968 on the regulation of the control of products intended for food and feed;

In light of Decree No. 89-543 of 5 May 1989 on the regulation of the health and safety inspection of animals for slaughter, meat and by-products intended for food;

In view of Decree 97-602 establishing the catalogue of species and varieties of crops grown in Senegal;

In view of Decree No. 97-605 establishing the National Advisory Committee on Seeds and Plants;

Having regard to Decree No. 2001-196 implementing Act No. 2002-01 of 15 January 2001 on the Code of the Environment;

In view of Decree 2009-451 of 30 April 2009 appointing the Prime Minister;

In view of Decree No. 2009-459 of 7 May 2009 on the distribution of
State services and control of public institutions, of
National corporations and public participation companies between the
Presidency of the Republic, the Primatory and the ministries, as amended;

In view of Decree No. 2009-1129 of 14 October 2009 terminating the functions of Ministers, appointing new Ministers and establishing the composition of the Government;

On the report of the Minister of State, Minister of the Environment, Nature Protection, Artificial Basins and Artificial Lakes,

Decline:

Purpose of the National Biosafety Authority:

The National Biosafety Authority established by Act No. 2009-27 of 13 July 2009 is responsible for the regulation of the activities of development, use of confined use, import, export, transit, transport of Deliberate release into the environment and the placing on the market of genetically modified organisms or derivatives.

Chapter I.-Missions.

Article 1. -The mission of the ANB is:

- To receive and examine notifications or requests for authorisation addressed to the Minister responsible for the environment for the import, export, transit, handling, use in confined mileu, deliberate release In the environment or the placing on the market of genetically modified organisms or products derived from Genetically Modified Organisms;

- Ensure the accuracy of the information required for the notification and in case of need ensure their confidentiality;

- Inform the ministries, the bodies concerned and the public as soon as a request for authorisation of activities relating to genetically modified organisms or derivatives has been notified;

- To refer to the National Biosafety Committee for the review of the notification for risk assessment, or to review and assess the results of the risk assessment of genetically modified organisms or derived products for which The authorisation is requested and the reasoned opinion must be obtained at the end of the assessment;

- Submit proposals to the Minister responsible for the environment with a view to granting or refusing authorisation on the basis of the CNB report;

- Take any useful measures to prevent the risks associated with any genetically modified organism or product derived from genetically modified organisms.

The ANB also has the following missions:

- Inform the relevant ministers, the public and public and private stakeholders, as well as the Centre d' échanges pour la prévention des risques biotehnologiques, of any decision to refuse or accept;

- Provide the public with a database of genetically modified organisms and products derived from Genetically Modified Organisms;

- Inform, educate and educate the public on biosafety issues.
The ANB's mission is to:

- Making any legislative or regulatory reform proposals related to biosafety and modern biotechnology;

- To propose the criteria, standards, indications, and rules necessary for achieving the aims of the Biosafety Law;

- Prepare, on behalf of the Minister for the Environment, an annual report on activities for the President of the Republic, the Government and the National Assembly;

- Establish appropriate regulations and administrative procedures for the processing of information and documents relating to file notifications;

- Carry out any other tasks entrusted to it in the implementation of the Law on Biosafety and its implementing legislation;

- To draw up an internal regulation.

Chapter II. -Organization.

Art. 2. -The National Biosafety Authority is composed of twenty-two (22) members:

- An Executive Director;

- A representative of the General Secretariat of the Presidency of the Republic;
- A representative of the General Secretariat of the Government;

- A representative of the Minister responsible for the Environment;

- A representative of the Minister responsible for agriculture;

- A representative of the Minister responsible for livestock farming;

- A representative of the Minister responsible for Scientific Research;

- A representative of the Minister responsible for Health;

- A representative of the Minister responsible for education;

- A representative of the Minister responsible for fisheries;

- A representative of the Minister responsible for justice;

- A representative of the Minister for the Economy and Finance;

- A representative of the Minister responsible for trade;

- The Cartagena Protocol National Focal Point;

- A representative of the Académie des sicences;

- A representative of the Association of Researchers;

- A representative of the Senegalese Agricultural Research Institute;

- A representative of the National Policy Framework for Rurals;

- Four CNB representatives to be a biosafety expert, a modern biotechnology expert, a lawyer, and a member of civil society.

The ANB may make use of the expert services it designates in case of need.

Article 3. - The members of the ANB are appointed by decree, on the proposal of the Minister responsible for the environment. It can only be revoked on the proposal of the ANB. They cannot be prosecuted,
Sought, arrested or tried on the occasion of acts performed, measures taken or opinions expressed in the performance of their duties.

Article 4. - In the event of resignation, permanent incapacity or death of a member of the ANB, he shall be replaced under the conditions laid down for his appointment.

The member of the ANB thus appointed shall remain in office until the date of the completion of his predecessor's term of office; he may be reappointed.

Article 5. - The members of the ANB shall receive a sessional indemnity, the amount of which shall be fixed by order of the Minister responsible for the environment.

Article 6. - The ANB is headed by an Executive Director who must be a specialist in modern biotechnology and biosafety.

The Executive Director shall have a three-year term, renewable once.

Art. 7. - The ANB has a permanent secretariat, headed by the Executive Director. The Secretariat is responsible for the management of materiel, the preparation of minutes, the receipt, management and conservation of heritage, and public information.
Art. 8. The salaries of the Executive Director and staff of the ANB Secretariat are provided for in his budget. They shall receive remuneration fixed by a joint decree of the Minister responsible for the environment and the Minister responsible for
Economy and Finance.

Chapter III. -Operation

Art. 9. -The ANB Assembly is deliberating on all biosafety issues as provided for by law. In order to be able to deliberate properly, the presence of half of its members is necessary.

If, for the same purpose, and at the end of two meetings convened with fifteen days apart, the quorum is not attained, the ANB shall meet and deliberate at its third convocation, regardless of the number of members present.

It meets at least once a quarter and as many times as necessary upon convocation by the Executive Director.

Decisions shall be taken by a simple majority of the members present. The voice of the Executive Director shall be paramount in the event of the sharing of votes.

The Authority shall have a period of 210 clear days to give its opinion to the Minister in charge of the Environment, from the date of receipt of the notification. In the event of silence, the authorisation shall be deemed granted. The refusal of the authorisation must be justified.

Decisions of the Assembly shall be recorded and recorded in a record signed by the Executive Director and by the Permanent Secretary.

Article 10. - The Executive Director of ANB is responsible for the implementation of the Assembly's deliberations. Convening meetings and chairing them. It represents the ANB in the acts of civil life.

It draws the ANB's attention to the potential or proven risks of all activities related to genetically modified organisms or products derived from genetically modified organisms, and biosecurity.

A rules of procedure shall specify the procedure for the operation of the ANB.

Article 11. - The Authority's resources are essentially constituted by an anual budgetary allocation allocated by the State. They are fully used to carry out its mission. The ANB is financially self-sufficient for its operation.

Its budget shall be prepared and executed by the Executive Director who is the authorising officer.

Its accounts shall be kept in accordance with the rules and principles in force.
In the exercise of its mission, the ANB may use public or private external bodies. Within this framework, the ANB contracts with these bodies to determine the exact purpose of the mission and the level of remuneration.

Article 12. - The Minister responsible for the Environment, the Minister for Agriculture, the Minister for Health, the Minister for Livestock, the Minister responsible for Fisheries, the Minister responsible for the Economy and Finance, the Minister responsible for the Ministry of the Environment, the Minister responsible for the Ministry of the Environment, the Minister responsible for the Ministry of the Environment, the Minister responsible for the Ministry of the Environment Justice and the Minister responsible for trade shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal.

Done at Dakar, 23 December 2009.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Souleymane NDene NDIAYE.