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LAW OF THE REPUBLIC OF TAJIKISTAN

of March 1, 2005 No. 88

About biological safety

(as amended of the Law of the Republic of Tajikistan of 30.07.2007 No. 330)

Chapter 1. General provisions

Article 1. Purpose of this Law

This Law, regulating activities for development, testing, production, import, export and release on the market and to the environment of genetically modified organisms, it is directed to reduction of risk of adverse effect of genetically modified organisms by health of the person, biological diversity, ecological equilibrium and state of environment.

Article 2. The basic concepts used in this Law

In this Law the following basic concepts are used:

organism - any biological education capable to transfer or replication of genetic material;

genetically modified organism - any organism, except for human which genetic material was changed others, than crossing or natural recombination, way;

microorganism - any microbic being, cellular or noncellular education capable to bystry reproduction, distribution and to transfer or replication of genetic material;

modern biotechnology - application of methods of recombination of the nucleic acids and methods of cell fusion different from the methods specific to selection and traditional improvement which eliminate natural physiological barriers of reproduction or genetic recombinations;

use genetically modified organizmovdeyatelnost or set of types of activity which purpose is obtaining and release on the market of genetically modified organisms and products, derivative of them, including research, testing and industrial production;

use in the closed systems - any transaction during which microorganisms (organisms) change genetically or genetically modified organisms are cultivated, breed, warehoused, used, transported, destroyed and/or neutralized, performed in the spaces or environments closed, isolated, being under control using specific measures of isolation for restriction or exception of contact of such organisms with people and the environment;

the user - physical person or legal entity which performs and bears responsibility for the activities connected with obtaining, testing, production and realization of genetically modified organisms in the closed or not closed systems, and also with obtaining, testing, production and sales of products, derivative of these organisms;

deliberate entering into the environment - intentional release to the environment of genetically modified organisms or their combinations which do not require acceptance of specific measures of isolation and differ in the high level of safety for people and the environment;

inadvertent entering into the environment - any case of release to the environment of genetically modified organisms or their combinations which is not result of deliberate release;

release on the market - delivery of genetically modified organisms or derivative products from them for a fee or free of charge third party;

accident - the incident attracting considerable inadvertent entering into the environment of genetically modified microorganisms (organisms) during their use in the closed systems which can have the immediate or remote effects for human health and the environment;

product derivative from genetically modified организмапродукт, one genetically modified organism, or combination of such organisms consisting of one genetically modified organism or combination of such organisms, or containing put on the market;

the processed product - the product received by conversion of genetically modified organisms, some of their parts or some metabolites and substances made by them;

refined product - the product received from genetically modified organisms by the conversion including clarification (for example: insulin, different enzymes, oils and so forth);

field trial - the experiment consisting in studying of genetically modified organisms in the field conditions which are under control with confidence that these organisms will not remain in the circle after the end of experiment;

culture, production in field conditions, distribution on the territory - the deliberate entering into the environment of genetically modified organism for the purpose of its cultivation, production or reproduction which does not have experimental nature or the purpose any more;

risks assessment - assessment of straight lines or indirect immediate or remote effects of entering into the environment of genetically modified organisms or their components for human health and the environment;

management is risk - development and use of set of measures for implementation of monitoring of the risks and measures undertaken in case of accident;

cross-border movement of genetically modified organisms - any movement of genetically modified organisms or combinations of such organisms, and also derivative products from them from the territory of one state on the territory of other state;

deliberate cross-border movement - any export-import transaction with genetically modified organisms or their combinations performed with the permission of competent state bodies according to national and international rules;

inadvertent cross-border movement - any unintentional movement through border of genetically modified organisms or their combinations which effects shall be estimated from the point of view of biological safety and safety for human health with acceptance of adequate measures;

the importer - the physical person or legal entity which is under jurisdiction of the state performing import which will organize also bears responsibility for import of genetically modified organisms, combinations of such organisms and/or derivative products from them;

the exporter - the physical person or legal entity which is under jurisdiction of the state performing export which will organize also bears responsibility for export of genetically modified organisms, combinations of such organisms and/or derivative products from them;

the notification - the document by means of which person notifies the National commission on biological safety on activities which assumes to perform for the purpose of receipt of permission;

zone of genetic safety - the territory within which no activities connected with use of genetically modified organisms are allowed;

genetic material - the materials made as a result of change by genetic method separately or as a result of combinations of several organisms by genetic changes;

genetic engineering - the activities changing the fructifying structure of organisms by new biotechnological method and creating qualitatively new organisms.

Article 3. Legislation of the Republic of Tajikistan on biological safety

The legislation of the Republic of Tajikistan on biological safety is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts, and also the international legal acts recognized by the Republic of Tajikistan.

Article 4. The activities connected with biological safety

Provisions of this Law extend to the types of activity connected with:

- obtaining, reproduction, import, export, testing and use in the closed systems in the different purposes of the microorganisms, plants and animals who are genetically modified using methods of modern biotechnology;

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