UAE Environmental / ESG LawCabinet Resolution No. (84) of 2022 Concerning the Executive Regulation of Federal Law No. (9) of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof

Article (1) Definitions Definitions stipulated in the Federal Law No. (9) of 2020 on the Biosafety of Genetically Modified Organisms (GMOs) and the Products Thereof shall be applicable to this Resolution.

Article (2) Importation, Transition and Circulation of GMOs or Products thereof 1. In order to import GMOs or Products thereof for the first time, the following conditions and requirements shall be fulfilled: a. Requirements stipulated in the Annexes of this Resolution shall be fulfilled in accordance with the purpose of importation as follows:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products thereof 2 1. Annex No. (1) in case GMOs or Products thereof are to be released in the environment. 2. Annex No. (2) in case GMOs or Products thereof are to be circulat…

Article (3) Conditions and controls for exportation or re-exportation of the GMOs or Products thereof 1. In order to export or re-export the GMOs or Products thereof, the following conditions and controls shall be fulfilled: a. An application to obtain a Permit from the Competent Authority shall be submitted, attached with the following documents: 1. Importation permit or permission from the country of destination. 2. The customs declaration of the imported shipment. 3. Importation permit or permission in case of re-exportation. 4. A list of GMOs or Products thereof. b. GMOs or Products thereof shall be registered at the Ministry. c. The facility shall be registered at the Ministry as per th…

Article (4) Contained Release and Use 1. Conditions and requirements of release: a. An application to obtain a Permit from the Competent Authority shall be submitted, attaching the following requirements: 1. Requirements stipulated in Annex No. (1) attached to this Resolution shall be fulfilled. 2. Requirements stipulated in Annex No. (2) and Annex No. (3) attached to this Resolution shall be fulfilled according to the purpose of use. 3. Risk assessment of GMOs or Products thereof. 4. A summary for the results of contained use of GMOs or Products thereof arranged to be released. 5. Potential risk management plan for release. 6. Any other requirements set by the Competent Authority. b. GMOs o…

Article (5) Register 1. A register shall be established at the Ministry for registering GMOs or Products thereof that are produced, manufactured, developed, circulated, exported, imported, transit or transferred. This register shall include the following details: a. Enterprise data. b. Data of GMOs or Products thereof. c. Approvals, permissions, certificates and notifications. d. Suppliers lists. e. Risk assessment for GMOs or Products thereof. f. A response plan for risks of GMOs or Products thereof. g. A risk management plan for GMOs or Products thereof. h. A treatment plan for risks resulting from GMOs or Products thereof. i. Any additional data or information according to the discretion…

Article (6) Obligations of the Facility Officer 1. The Facility Officer shall comply with the following: a. Registering the facility with the Ministry.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products thereof 8 b. Obtaining permission from the Competent Authority to develop, manufacture, produce, import, transit, re-export, export or transfer GMOs or Products thereof. c. Registering GMOs or Products thereof that are produced, manufactured, developed, circulated, exported, imported, transit or transported through submitting a request to the Ministry for regi…

Article (7) Data Card 1. The importer, exporter, circulator, developer, manufacturer and producer of GMOs or Products thereof shall put a data card on each shipment and package, indicating that it contains GMOs or Products thereof, provided that the card shall contain the following data: a. Product name and the country of origin. b. Commercial name of the product and its trademark. c. The product contains GMOs or Products thereof through stating the phrase “GMO or Product thereof that contains, consists of or produced from a GMO” in a clear readable font that is hard to be removed. d. Scientific name of GMOs or Products thereof. e. Country of origin of GMOs or Products thereof. f. Percentage…

Article (8) Response Measures 1. The importer, exporter, circulator, developer, manufacturer, producer, and transporter of GMOs or Products thereof, which may cause harm in case of release, shall notify the Ministry and the Competent Authority regarding the same according to the following conditions and controls:

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products thereof 10 a. The Ministry and the competent authority shall be informed upon submitted the request for the approval of the Ministry and the permission of the competent authority concerning the poten…

Article (9) Monitoring, Control and Inspection 1. The Ministry and the Competent Authority shall monitor and control GMOs or Products thereof that are released and circulated in the State through the monitoring and control regulation attached to Annex No. (5) attached to this Resolution. 2. The Ministry and the Competent Authority shall periodically inspect the facility and vehicles designated for transferring GMOs or Products thereof to ensure that provisions of the Law, this Resolution and implementing resolutions thereof are applied through the inspection regulation attached to Annex No. (6) attached to this Resolution.

Article (10) Controls and Procedures of Grievance 1. Resolutions issued pursuant to the provisions of Article (17) of this Law may be appealed, provided that the following are adhered to: a. The grievance shall be submitted to the entity that issued the decision imposing the administrative penalty according to the designated procedures of such entity within a period that does not exceed (15) fifteen days. b. The necessary documents demonstrating the grievance reason shall be attached.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products thereof 12 2. The entit…

Article (11) Cancellation of the Prior Approval and Permission and Circulation Suspension 1. Approval issued by the Ministry and permission issued by the competent authority shall be cancelled in case there is a violation of provisions of the Law or any of the following cases: a. A damage occurred, or there is a potential damage, to the environment or human resulting from GMOs or Products thereof. b. There are studies or scientific knowledge from a reliable source notifying that a potential damage resulting from GMOs or Products thereof may occur. 2. The Ministry and the competent authority shall perform the following procedures in case the approval and the permission are cancelled: a. Withd…

Article (12) Executive Resolutions The Minister shall issue necessary resolutions to enforce this Resolution. Temporarily regulatory procedures with respect to importation, exportation, re-exportation, transition, circulation, manufacturing, production, research, development and transfer of GMOs or Products thereof may be issued.

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products thereof 13

Article (13) Repeals Any provision that violates or contradicts the provisions of this Resolution shall be repealed.

Article (14) Publication and Entry into Force of the Resolution This Resolution shall be published in the Official Gazette and shall come into force (4) four months after the date of its publication. Mohammed Bin Rashid Al Maktoum Prime Minister Issued by Us: Date: 18 Muharam 1444 AH Corresponding to: 16 August 2022 AD

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Cabinet Resolution of 2022 Concerning the Executive Regulations of Federal Law of 2020 Concerning the Biosafety of Genetically Modified Organisms (GMOs) and the Products thereof 14 The Annexes Attached to Cabinet Resolution No. (84) of 2022 Concerning the Executive Regulation of Federal Law No. (9) of 2020 Concerning the Biosafety of Genetically Modified Organ…