Decree nº 6,925, of 08.06.2009

THE PRESIDENT OF THE REPUBLIC, using the powers vested in him by Article 84(IV) and (VI)(a) of the Federal Constitution, and in view of the provisions of Law nº 11,105, of March, 24, 2005 and Decree nº 5,705, of February 16, 2006, proclaiming the Cartagena Protocol on Biosafety to the Convention on Biologic Diversity,
DECREES:
Article 1. For the purposes of Article 19 of the Cartagena Protocol on Biosafety to the Convention on Biologic Diversity the following designations are made:
I- National Focal Point: the Ministry of Foreign Relations;
II- Competent National Authorities:
(a) The National Biosafety Technical Commission – CTNBio;
(b) The Ministry of Agriculture and Supply;
(c) The Ministry of Health and the National Sanitary Surveillance Agency   ANVISA;
(d) The Brazilian Institute for Environment and Renewable Natural Resources   IBAMA; and
(e) The Ministry of Fisheries and Aquiculture.
Paragraph 1. In the fulfillment of duties as Competent National Authority, bodies mentioned in Article 1(II) above shall comply with the competencies envisaged in Law nº 11,105, of March 24, 2005, and the remaining applicable legislation.
Article 2. For the purpose of this Decree the following terms have their respective definition as follows:
I- Protocol: The Cartagena Protocol on Biosafety to the Convention on Biological Diversity, proclaimed by Decree nº 5,705, of February 10, 2006; and
II- Party: A State or regional economic integration organization that is a party to the Protocol.
Article 3. In the context of the Advance informed Agreement procedure, mentioned by Article 9 of the Protocol, CTNBio shall:
I- Receive the notice envisaged by Article 9 of the Protocol and acknowledge such receipt in writing within ninety days to the person giving such notice, informing that, according to Paragraph 2(c) of such Article 9, the procedure shall comply with Brazilian applicable domestic legislation; and
II- Inform the person giving the notice, under Article 21 of the Protocol, about the decision to grant confidential treatment, including the right to request a revision of such decision.
Article 4. For the purposes of Article 8 of the Protocol, the exporter who is subject to the Brazilian jurisdiction shall inform in advance the importing Party of the first movement across national boundaries of modified living organism mentioned by Article 7, Paragraph 1 of the Protocol.
Paragraph 1. The exporter mentioned in this Article 4 above shall communicate the appropriate Competent National Authority, according to its area of action, about the notification to the importing Party.
Paragraph 2. In the communication mentioned in Paragraph 1 above, all documents submitted to the importing Party together with the notification shall be produced.
Article 5. The Competent National Authorities mentioned in Article 1 above shall supply the National Focal Point with the information necessary to the accurate compliance of the Protocol.
Article 6. This Decree shall be in full force and effect upon publication.

Brasília, August 6, 2009, 118th of the Republic and 121st of the Independence.

LUIZ INÁCIO LULA DA SILVA
Celso Luiz Nunes Amorim
Reinhold Stephanes
José Gomes Temporão
Sérgio Machado Rezende
Carlos Minc
Altemir Gregolin