Zimbabwe - International treaties - Cartagena
RATIFIED INTERNATIONAL INSTRUMENTS
Zimbabwe
Cartagena Protocol on Biosafety
Art. 2-1
The legal framework allows for the development, handling, transport, use, transfer and release of any living modified organism (LMO) to be done in a way that prevents or reduces risks to biodiversity, in particular taking into account risks to human health.
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National Biotechnology Authority Act [Chapter 14;31]
Section 3(1). Except where it is expressly provided to the contrary, this Act shall be construed as being in addition to and not in substitution for any other law which is not in conflict or inconsistent with this Act. (2) This Act shall apply to - (...) (b) the import, export, contained use, release or placing on the market of any product of biotechnology that is likely to have adverse effect on human health, the environment, the economy, national security or social norms and values; (...) Section 22 (2). The matters in respect of which the Board may issue biotechnology guidelines and standards include but are not restricted to - (...) (k) the requirements and procedures for the importation and exportation of products of biotechnology that are likely to have an adverse effect on human health, the environment, the economy, national security and social norms and values; |
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National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section (6). In the event of an accident involving GMOs or GM products, it shall be the responsibility of the owner of the consignment to immediately- (...) (b) provide the Authority with information regarding- (...) (iii) the procedures necessary to assess the impact on human and animal health and the environment; and (iv) Any emergency measures taken to avoid adverse impact of the accident on the environment and human and animal health; |
Art. 3
The legal framework provides for definitions (of key terms) identical in wording or effect as those set out in Article 3.
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National Biotechnology Authority Act [Chapter 14;31]
Section 2. In this Act— “contained use” means any activity in which products of biotechnology processes are cultured,stored, used, transported, destroyed or disposed of, and for which physical barriers or a combination of physical barriers together with chemical or biological barriers or both are used to limit contact thereof with the environment; “genetically modified organism” means an organism the genes or genetic material of which have been modified in a way that does not occur naturally through mating or natural recombination or both “genetic modification” shall have a corresponding meaning; “organism” means any biological entity, whether microscopic or not, capable of replication; “biotechnology” means any technique that uses living organisms or parts of organisms to make or modify products, to improve plants or animals, or to develop micro-organisms for specific purposes; |
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National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 2. In these regulations - "export" means to send food, feed, food and feed additives and seed out of Zimbabwe". "import" means to bring into Zimbabwe food, feed, food or feed additives and seed; |
Art 7.1
For LMOs intended to be intentionally introduced into the environment of the State of import, the legal framework allows for a prior informed agreement procedure (PIAP) applying before the first intentional transboundary movement of LMOs.
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National Biotechnology Authority Act [Chapter 14;31]
Section 27 (1) Subject to the terms of any permit, a user of a product of biotechnology shall notify the Authority both orally and in writing in advance of any general or trial release of such product, and shall not release such product until the Authority has approved the same in writing. |
Art. 8-1
The legal framework allows for a written notification containing all information specified in Annex I to be made by the State of export (or directly by the exporter) to the competent national authority of the State of import before the intentional transboundary movement of an LMO referred to in Article 7-1.
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National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 8 (1) Any person who wishes to export food, feed, food or feed additives and seed listed in the Second Schedule must apply to the Authority in Form FFA8 for a biosafety export permit, accompanied by an application fee prescribed in the First Schedule. (2) In considering an application for a biosafety export permit made in terns of subsection (1), the Authority shall require the applicant to (a) highlight the product and quantity to be exported; (b) the country which the product is being exported to and port through which the product will leave Zimbabwe; (c) highlight the intended use of the product; (d) obtain a GMO declaration and or a GMO certificate. (...) |
Art. 8-2
The legal framework allows for the establishment of a legal responsibility of the exporter for the accuracy of the information communicated as part of the notification provided in Article 8-1.
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No relevant elements identified/documented |
Art. 10-3
The legal framework allows for the communication by the State of import, to the notifier and to the Biosafety Clearing-House (BCH), within 270 days of the date of receipt of the notification, of:
- the decision authorizing the import, with or without conditions, of the LMO and indicating how this decision will apply to subsequent imports of the same LMO; or
- the decision prohibiting import.
- the decision authorizing the import, with or without conditions, of the LMO and indicating how this decision will apply to subsequent imports of the same LMO; or
- the decision prohibiting import.
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No relevant elements identified/documented |
Art. 11-1
For LMOs used directly for food (human or animal) or processed and which are likely to be the subject of a transboundary movement, the legal framework allows for an information procedure and for and for the communication to the BCH, within 15 days, of any final decision concerning the use on national territory (including the placing on the market) of such a LMO, accompanied by the information requested in Annex II.
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No relevant elements identified/documented |
Art. 15-2
The legal framework allows for the requirement that a risk assessment be carried out by the State of import before taking a decision under Article 10 (LMOs intended for intentional introduction into the environment).
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National Biotechnology Authority Act [Chapter 14;31]
Section 25 (1) A person who wishes to (...) (b) carry on any potentially harmful research, or undertake the contained use or trial release of product of biotechnology; shall apply to the Chief Executive Officer in the form provided by the Authority and shall, in the case of an application for a permit, submit with his or her application - (c) an assessment of the risk; and (d) an assessment of the impact on the environment; involved in carrying on the research or activity in question. |
Art. 16-1
The legal framework allows for the establishment of mechanisms, measures and strategies aiming at regulating, managing and controlling the risks linked to the use, handling and transboundary movements of LMOs.
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National Biotechnology Authority Act [Chapter 14;31]
Section 30 (4) A committee shall have the following specific functions— (a) to consider project proposals by the biotechnology research institute; (b) to approve project proposals that are below a specified level of risk; (c) to refer to the Authority project proposals that are above a specified level of risk; (d) to devise an operating manual for the purpose of standardising safety and emergency procedures to be observed in connection with projects undertaken at the biotechnology research institute; (e) to keep a list of the project supervisors responsible for, and the records and files of, every project; (...) |
Art. 16-2
The legal framework allows for the establishment of risk-based measures to prevent the adverse effects of the LMO on the conservation and sustainable use of biodiversity (including risks to human health) on the territory of the State of import.
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National Biotechnology Authority Act [Chapter 14;31]
Section 22 (2). The matters in respect of which the Board may issue biotechnology guidelines and standards include but are not restricted to - (a) the contents of risk assessments and environmental impact assessments referred to in section 25(1)(c) and (d); (b) the classification or categorisation of organisms on the basis of the level of risk or degree of hazard, if any, attaching to each class or type of such organism; and the procedures for biotechnology research for each class or type of such organism; (c) the level of risk at which the prior approval by the Board for project proposals involving research into specified classes or types of products of biotechnology shall be required; (...) Section 25 (1) A person who wishes to (...) (b) carry on any potentially harmful research, or undertake the contained use or trial release of product of biotechnology; shall apply to the Chief Executive Officer in the form provided by the Authority and shall, in the case of an application for a permit, submit with his or her application - (c) an assessment of the risk; and (d) an assessment of the impact on the environment; involved in carrying on the research or activity in question. |
Art. 16-3
The legal framework allows for the adoption of appropriate measures to prevent unintentional transboundary movements of LMOs.
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National Biotechnology Authority Act [Chapter 14;31]
Section 27 (2) A user of a product of biotechnology shall immediately notify the Authority both orally and in writing of any accident involving the product of biotechnology, and shall supply to the Authority with information on the circumstances of the accident, the identity and quantity of the product released, and any information necessary to assess the impact of the accident on the environment, including the emergency measures taken or needed to be taken to avoid or mitigate any adverse impact of such accident on the environment. (3) Any user of a product of biotechnology who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level five or imprisonment for a period not exceeding one year or both such fine and such imprisonment. |
Art. 16-4
The legal framework allows for any LMO, imported or developed locally, to be subject before use to an appropriate observation period corresponding to its life cycle or training time.
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No relevant elements identified/documented |
Art. 18-1
The legal framework allows LMOs that are subject of an intentional transboundary movement under the Protocol to be handled, packaged and transported under conditions of safety, taking into account the relevant international rules and standards.
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National Biotechnology Authority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 9 (4) Any person transiting GMOs or GM products shall ensure that the products are appropriately packaged and transported in accordance with applicable International standards e.g. IATA PI 602, IATA IP 650 depending on the nature of the consignment. |
Art. 18-2
The legal framework allows for the establishment of the following requirements:
a) For LMOs used directly for food or processed, a documentation clearly indicating:
- that they “may contain” LMOs;
- they are not intended to be intentionally introduced into the environment; and
- the contact details of the person to contact for any further information.
b) For LMOs intended to be intentionally introduced into the environment of the importing State as well as any other LMOs covered by the Protocol, a documentation:
- clearly indicating that they are LMOs;
- specifying their identity and relevant traits and characteristics;
- indicating any safety rule to be observed for the handling, storage, transport and use of these organisms;
- indicating the contact details of the person to be contacted for any further information and, where applicable, the name and address of the importer and exporter; and
- containing a declaration certifying that the movement complies with the requirements of the Protocol applicable to the exporter.
a) For LMOs used directly for food or processed, a documentation clearly indicating:
- that they “may contain” LMOs;
- they are not intended to be intentionally introduced into the environment; and
- the contact details of the person to contact for any further information.
b) For LMOs intended to be intentionally introduced into the environment of the importing State as well as any other LMOs covered by the Protocol, a documentation:
- clearly indicating that they are LMOs;
- specifying their identity and relevant traits and characteristics;
- indicating any safety rule to be observed for the handling, storage, transport and use of these organisms;
- indicating the contact details of the person to be contacted for any further information and, where applicable, the name and address of the importer and exporter; and
- containing a declaration certifying that the movement complies with the requirements of the Protocol applicable to the exporter.
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National BiotechnologyAuthority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 7 (1) Any person who wishes to import food, feed, food or feed additives and seed listed in the Second Schedule must apply to the authority in Form FFA 4, for a biosafety import permit accompanied by an application fee prescribed in the First Schedule. (2) In considering an application for a biosafety import permit, the Authority shall require the applicant to- (a) specify the product and quantity to be imported; (b) specify the variety to be imported in the case of seed; (c) specify the country of origin of the product and the port through which the product will enter Zimbabwe; (d) state the intended use of the product; (e) state the mode of transportation and security measures to be taken to ensure no spillages and pilferage occur during loading, transportation and storage in the case of grain and seed; (f) provide a GMO certificate or declaration from a competent authority in the country of origin. GMO declarations will only be accepted for milled products and for any other products excluding seed and grain which are not known to be genetically modified. |
Art. 21 - 3
The legal framework allows for a protection of confidential information received under the Protocol (including confidential information received under the PIAP procedure provided for in Articles 7, 8, 9 and 10) as favourable as the protection afforded to confidential information relating to LMOs of national origin.
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National Biotechnology Authority Act [Chapter 14;31]
Section 56 (1). Subject to subsection (2), no person shall disclose any information acquired by him or her through the exercise of his or her functions in terms of this Act except - (a) for the purpose of legal proceedings under this Act or any other law; (b) to the extent that it may be necessary to do so for the purpose of this Act or any other law, to a member of the Board or employee of the Authority; (c) to the extent authorised by the Authority. |
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National BiotechnologyAuthority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 19. (1) An applicant may indicate the information in the application which should be treated as confidential and shall give verifiable justification for such indication. (2) The Authority shall make a decision on the application made in terms of subsection (1) after consultation with the applicant and the Authority shall communicate its decision in writing to the applicant. (3) The Authority shall not disclose to a third party any information considered to be confidential and shall respect the intellectual property rights related to the information received. |
Art. 23-1
The legal framework allows for the adoption of measures to encourage:
a) public awareness, education and participation regarding the safe transfer, handling and use of LMOs for the conservation and sustainable use of biodiversity, also taking into account the risks for human health; and
b) access to information on LMOs that can be imported.
a) public awareness, education and participation regarding the safe transfer, handling and use of LMOs for the conservation and sustainable use of biodiversity, also taking into account the risks for human health; and
b) access to information on LMOs that can be imported.
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National Biotechnology Authority Act [Chapter 14;31]
Section 59 (1). Subject to subsection (4), the Minister may by regulation prescribe anything which by this Act is required or permitted to be prescribed or which, in his or her opinion, is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Regulations made in terms of subsection (1) may provide for— (...) (h) the following in connection with any international biotechnology instrument to which the State is a party - (...) (v) initiatives and steps regarding research, education, training, raising awareness and capacity building required in connection with any instrument; (...) |
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National BiotechnologyAuthority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 7 (1). Any person who wishes to import food, feed, food or feed additives and seed listed in the Second Schedule must apply to the Authority in Form FFA 4, for a biosafety import permit accomparnied by an application fee prescribed in the First Schedule. |
Art. 23-2
The legal framework allows for:
a) public consultation when taking decisions relating to LMOs; and
b) making the outcome of these decisions available to the public, while respecting the confidentiality of the information.
a) public consultation when taking decisions relating to LMOs; and
b) making the outcome of these decisions available to the public, while respecting the confidentiality of the information.
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National Biotechnology Authority Act [Chapter 14;31]
Section 56 (2). The following information provided to the Authority for the purposes of an application made in terms of section 25 shall not be regarded as confidential and may or, where necessary, shall, be disclosed to the public - (a) the name and address of the applicant, the description of any products of biotechnology mentioned in the application, the purpose of the contained use or release of any such product and the location of its use; (b) the measures to be undertaken for monitoring the use of any products of biotechnology and the emergency measures to be implemented in the case of any accident; (c) the evaluation of foreseeable impacts of the use of any products of biotechnology on persons, animals or plants or to the environment generally, and in particular the disclosure of any pathogenic or ecologically disruptive impacts: Provided that where the applicant is in the process of registering any intellectual property right in relation to any product of biotechnology, the Authority may, at the request of the applicant, withhold any information that may compromise such registration, until the registration has been effected. Section 59 (1) Subject to subsection (4), the Minister may by regulation prescribe anything which by this Act is required or permitted to be prescribed or which, in his or her opinion, is necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Regulations made in terms of subsection (1) may provide for— (...) (h) the following in connection with any international biotechnology instrument to which the State is a party - (...) (vi) ensuring public participation in any aspect of an instrument in which public participation is necessary or desirable; |
Art. 25-1
The legal framework allows for the adoption of national measures to prevent and suppress illicit transboundary movements of LMOs.
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National BiotechnologyAuthority (Food, Feed, Food and Feed Additives and Seed) (Import, Export and Transit) Regulations, 2018
Section 9(2) Any consignment in transit maybe subject to inspection at ports of entry by the Authority, and the transporter shall pay an inspection fee prescribed in First Schedule. (3) A person transiting consignment of GMOs or GM products shall at the port of exit, provide a copy of the approval granted by the Authority or clearance at port of entry-. (4) Any person transiting GMOs or GM products shall ensure that the products are appropriately packaged and transported in accordance with applicable International standards e.g. IATA PI 602, IATA IP 650 depending on the nature of the consignment. (5) Any person who transits any products specified in the Second Schedule without a biosafety transit permit issued by the Authority shall be guilty of an offence and liable to a fine not exceeding level 12 or to imprisonment not exceeding five years or to both such fine or such imprisonment. |