26921-MAG: Regulation to the Phytosanitary Protection Law, of March 20, 1998, are hereby reformed, to read as follows:
"Article 111.-Of the functions of the National Technical Biosafety Commission. The Commission shall have the following functions:
1. Advise the institutions of the agricultural sector in the establishment and execution of technical measures and procedures, as well as the preparation of drafts of executive decrees and regulations necessary to regulate organisms resulting from modern biotechnology, including those obtained by genome editing, as well as living modified organisms or their products, for agricultural use.
2. Advise the State Phytosanitary Service in the adoption of decisions on the importation, movement, experimentation, release into the environment, multiplication, commercialization, or any other activity with organisms resulting from modern biotechnology, including those obtained by genome editing, as well as living modified organisms, for use in agriculture, that may represent an unacceptable risk for the environment, human health, animal health, or productive agricultural activities.
3. Advise the National Animal Health Service in the adoption of decisions on the production, use, release, commercialization, or any other activity with organisms of animal origin resulting from new genetic improvement techniques, such as genome editing, living modified organisms of animal origin, living modified organisms of any type intended for direct use as food for animal consumption or for processing, biological control agents that are living modified organisms, or any other application in animals, that may represent an unacceptable risk for the environment, human health, animal health, or productive activities with animals.
4. Advise the institutions responsible for issuing authorizations to import, use, release into the environment, commercialize, or any other activity with living modified organisms, or their products. Within the scope of competencies of each regulatory institution and in accordance with its internal procedures.
5. Issue technical-scientific opinions on risk assessment (evaluación de riesgos) and risk management (gestión de riesgos), for applications for importation, use, release into the environment, commercialization, or any other activity with living modified organisms, or their products, without a history of use in the country.
6. Advise the State in the definition of biosafety policies and strategies within the framework of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity.
7. Promote the dissemination, capacity building, and training in biosafety aspects of living modified organisms.
"Article 112.-Of the composition of the National Technical Biosafety Commission.
The Commission shall be composed of nine full members with the right to voice and vote. Each represented entity shall appoint an alternate member to substitute for the full member in their absence. The presence of the alternate shall be permitted when the full member is present, in which case they are only granted the right to voice. The Commission shall be composed of:
- a)The Ministry of Agriculture and Livestock b) The State Phytosanitary Service.
- c)The National Animal Health Service.
- d)The National Seed Office.
- e)The Ministry of Environment and Energy.
- f)The Ministry of Health g) The National Academy of Sciences.
- h)The Federation for the Conservation of Nature.
- i)The National Chamber of Agriculture and Agroindustry." "Article 113.-Of the operation of the National Technical Biosafety Commission.
The National Technical Biosafety Commission shall be chaired by the full representative of the State Phytosanitary Service, to coordinate and direct the meetings in which topics within the scope of competencies of the State Phytosanitary Service are discussed. Additionally, it shall appoint from within its body a Vice President and a Secretary with the attributions conferred by the General Law of Public Administration.
In the event of absence or illness and, in general, when any just cause occurs, the President and the Secretary shall be substituted by the Vice President, or an ad-hoc President, and an alternate Secretary, respectively.
In cases of consultations related to applications for importation, use, release into the environment, commercialization, or any other activity with organisms resulting from new genetic improvement techniques, such as genome editing, as well as living modified organisms, or their products, for which the decision-making is not the competence of the State Phytosanitary Service, the National Technical Biosafety Commission may, by agreement, appoint an ad-hoc President, who shall be the titular representative of the institution making the consultation, to coordinate and direct the meetings that allow for advisory in decision-making for each particular case, according to the scope of competencies of the consulting institution and in accordance with its internal procedures." "Article 114.-Of the exercise of functions. The members of the Commission shall exercise their functions, on an ad honorem basis, for a period of four years, and may be re-elected for successive periods. In the same manner, they may be freely removed by the institution or organization that appointed them." "Article 115.-Of the sessions. The President shall convene an ordinary session once a month and an extraordinary session when required, on their own initiative, at the request of at least three of the members of the National Technical Biosafety Commission with due justification before the Presidency, or at the request of at least one representative member of the institutions responsible for issuing authorizations to import, use, release into the environment, commercialize, or any other activity with organisms resulting from new genetic improvement techniques, such as genome editing, as well as living modified organisms, or their products.
The sessions may be held in person or virtually, guaranteeing the principles that govern collegiality. The sessions shall be held with at least the absolute majority of the members that make up the collegiate body, of which three must be the governmental officials. Decisions shall be taken by simple majority of votes present, and in the event of a tie, the President shall have the power to exercise a casting vote. Each session shall be recorded in audio and video, and the respective minutes and attendance list shall be drawn up." "Article 116.-Of invitations to the sessions of the National Technical Biosafety Commission. Any person may be invited to the sessions, with the right to voice, but not to vote, whom the National Technical Biosafety Commission, by agreement, considers appropriate to summon or authorize their participation."