CHAPTER II

EXPORTS OF GMOs TO THIRD COUNTRIES
Section 4

Common provisions

Identification and accompanying documentation
Article 12
1
Exporters shall ensure that the following information is stated in a document accompanying the GMO and is transmitted to the importer receiving the GMO:
a
that it contains or consists of GMOs;
b
the unique identification code(s) assigned to those GMOs if such codes exist.
2
For GMOs intended for direct use as food or feed, or for processing, the information referred to in paragraph 1 shall be supplemented by a declaration by the exporter:
a
stating that the GMOs are intended for direct use as food or feed, or for processing and indicating clearly that they are not intended for deliberate release into the environment; and
b
giving details of the contact point for further information.
Paragraph 1(b) shall not apply to products consisting of or containing mixtures of GMOs to be used only and directly as food or feed, or for processing. These products shall be subject to the traceability requirements of assimilated law covering traceability, labelling and identification of such GMOs.
3
For GMOs intended for contained use, the information referred to in paragraph 1 shall be supplemented by a declaration by the exporter which shall specify:
a
any requirements for the safe handling, storage, transport and use of these GMOs;
b
the contact point for further information, including the name and address of the individual or institution to whom or which the GMOs are consigned.
4
For GMOs intended for deliberate release into the environment and any other GMO to which this Regulation applies, the information referred to in paragraph 1 shall be supplemented by a declaration by the exporter which shall set out:
a
the identity and relevant traits and characteristics of the GMOs;
b
any requirements for the safe handling, storage, transport and use of these GMOs;
c
the contact point for further information and, as appropriate, the name and address of the importer and exporter;
d
a declaration that the movement is in conformity with the requirements of the Protocol applicable to the exporter.
5
Paragraph 1 to 4 shall be without prejudice to other specific requirements imposed by ... legislation and to international identification requirements to be developed in accordance with Article 18 of the Protocol.

Transit
Article 13
The exporter shall ensure notification of the transit of GMOs to Parties that have taken the decision to regulate transit of GMOs through their territory and have informed the BCH of this decision.
Words in Art. 12(2) substituted (31.12.2020) by The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 12(5) omitted (31.12.2020) by virtue of The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90), regs. 1(2)(b), 5(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 12(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 65(2)(b)