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Legal review of the provisions of the Law of Ukraine “On Amendments to the Law of Ukraine “On the State System of Biosafety During Creating, Testing, Transporting, and Using Genetically Modified Organisms”
Tuesday, 20 March 2012 00:12

parliament

On the 15th of March 2012 President of Ukraine signed the Law of Ukraine “On Amendments to the Law of Ukraine “On the State System of Biosafety During Creating, Testing, Transporting, and Using Genetically Modified Organisms”

This law was adopted in order to adapt Ukrainian legislation to European Union regulations, namely the Regulation (EC) No 1830/2003 of the European parliament and of the Council of 22 September 2003 concerning the traceability and labeling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.

Before that, there was a gap in the Ukrainian legislation in the sphere of traceability of products containing GMOs.

Article 15 of the Law stipulates that entities should fill out declaration in written form when they introduce some products containing GMOs for the first time. The declaration should contain information about the entity, product containing GMO or consisting of GMOs, a number of such products in the State Register of GMOs.

It is worth to notice that the provisions of Article 15 of the Law may be problematic during their implementation.

Article 4 of Regulation (EC) No 1830/2003 determines that at the first stage of the placing on the market of a product consisting of or containing GMOs operators shall ensure that the following information is transmitted in writing to the operator receiving the product: that it contains or consists of GMOs; the unique identifier(s) assigned to those GMOs. At all subsequent stages of the placing on the market of products, operators shall ensure that such information is transmitted in writing to the operators receiving the products.

So, the formulation of the Article 15 of the Law is unclear. It is not defined whether the declaration should be filled out by each entity after they introduce some products containing GMOs for the first time? Or whether the declaration should be filled out only by the entity that introduces this product for the first time into the Ukrainian market?

Prepared by Andriy Petriv

Member of Council of EACLA