Exportation and transit of GMO products

1. Exportation and transit of GMO products through the territory of the Republic of Poland shall require a permit from the Minister granted upon the application of the interested GMO user.
2. If the GMO products are covered with the procedure of exportation and transit through the territory of the Republic of Poland, the customs declaration shall include a copy of the permit for exportation and transit of GMO products.
3. The applications for consent for the placing on the market of a GMO product with the additional documentation are submitted to the Minister of the Environment.
4. The application for consent for the exportation and transit of GMO products is covered by the annexes 4 and 5 of the Regulation of the Minister of the Environment laying down the formats of application forms for consent and authorisation of activities involving genetically modified organisms (OJ 2002 No. 87, Item 797).
5. The application is registered in accordance with the office order compulsory in the Ministry, formally verified by the substantial unit competent for GMO issues.
   
   The following elements in the application for the exportation are usually checked:
   1. information on the GMO user including his business name and seat, or the first and last name and address,
   2. information on the GMO product:
      • product description,
      • instructions or recommendations for use and storage,
      • information on GMO contained in the product including description of GMOs, and recipient or parental organisms which the GMO was obtained from,
   3. information on recommended safety measures related to safe use of the GMO product and potential hazard to human health or environment which may result from non-compliant use of the GMO product,
   4. information on the packaging and marking of the GMO product,
   5. information on permits obtained for the GMO product for placing on the markets of other countries and any refusals to grant such permits,
   6. the export route and means of transport,
   7. the business name and seat or the first and last name of the and address of the person receiving the GMO product and method of use of the product.
   
   The following elements in the application for the transit are usually checked:
   1. information on the GMO user including his business name and seat, or the first and last name and address,
   2. information on the GMO product:
      • product description,
      • instructions or recommendations for use and storage,
      • information on GMO contained in the product including description of GMOs, and recipient or parental organisms which the GMO was obtained from,
   3. information on recommended safety measures related to safe use of the GMO product and potential hazard to human health or environment which may result from non-compliant use of the GMO product,
   4. information on the packaging and marking of the GMO product,
   5. information on permits obtained for the GMO product for placing on the markets of other countries and any refusals to grant such permits,
   6. information on the quantity of the GMO product in units or kilograms,
   7. export route and means of transport,
   8. business name and seat or the first and last name of the and address of the person receiving the GMO product,
   9. confirmation of the consent to receive the GMO product of the competent authorities of the state which the GMO product is destined for,
   10. confirmation of the consent for transit of the GMO product from the competent authorities of the states through the territory of which the GMO product is to be transported.
6. After verification an application is sent to the commission on GMO in the aim of preparation of an opinion.
7. The commission assesses the information from application concerning risk assessment of GMO product which is exported or which is in transit, taking into account scientific point of view.
8. The commission verifies risk assessment related to a product, which is in export or transit taking into account potential risks for human health and environment, which may carry out the utilisation of the specific GMO. Before granting of the opinion, commission shall require an additional information or shall recommend the preparation of an independent expertise.
9. The Commission shall give opinions in the form of resolution, which is adopted in an open vote. Resolutions shall be adopted by an ordinary majority of votes.
10. The permit for exportation or transit of GMO products shall be issued within three months of the receipt of the application. Pending deadline shall be suspended if the application is completed or additional information needs to be submitted.
11. In the proceedings consisting of granting a permit for the exportation or transit of GMO products public participation is possible. This participation shall be regulated by rules on public participation in proceedings concerning environmental protection. Ion accordance with art. 24 para. 1a. In the case of public participation the deadline for the issue of consent for the enclosed use of GMOs referred to subsection 1 shall be prolonged by the time of consultation, however, not longer than 30 days.
12. The permit for the exportation or transit of GMO products shall be issued for a definite period of time not longer than 5 years.
13. A permit for the exportation of GMO products may be granted if:
    • safety requirements for GMO products as specified in the Act are met,
    • competent authorities of the state which the GMO product is destined for and of the states through the territory of which the GMO product is to be transported agree to the receipt and transit of the product.

1. For the sake of public interest of particular importance to protection of human health and the environment and in particular the risk of environment deterioration, the permit for exportation and transit of GMO products shall include a security of claims resulting from potential damages.
2. In cases justified on the grounds of protection of human health or the environment, the permit shall oblige the GMO user to provide additional packaging to prevent release of GMOs to the environment during transportation, storage, or at later stages of exportation and transit of GMO products, or shall specify additional requirements for exportation and transit of GMO products.

The Minister shall refuse to grant permit for the exportation and transit of GMO products if he has reasons to believe that the safety measures shall not be sufficient to avoid potential adverse effects related to transportation of GMO products.

Granting permit, revocation and refusal to grant, and revocation of the permit for the exportation and transit of GMO products shall be done by means of an administrative decision.

Decision on revocation and refusal to grant permit for the exportation and transit of GMO products shall be carried out immediately.

If the permit is revoked, the original copy of the permit shall be immediately returned to the issuing authority. Notification the other authorities:

The Minister shall immediately notify the minister competent for public finance and the Chief Commander of the Border Guard of granting the permit for exportation or transit of GMO products and granting to the importer the permit to place the GMO products on the market as well as of revocation of such permits. Register of Exportation and Transit of GMO products through the territory of the Republic of Poland: Granted consent is registered in the Register of Exportation and Transit of GMO products through the territory of the Republic of Poland. The Register of Exportation and Transit of GMO products through the territory of the Republic of Poland shall contain:

• applications for the permit to export GMO products with attached documentation,
• applications for the permit to transit GMO products through the territory of the Republic of Poland with attached documentation,
• permits to export abroad with justifications,
• permits to transit GMO products through the territory of the Republic of Poland. with justifications,
• opinions of the Commission.