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(NAR) VOL. 20 NO.1 / JANUARY – MARCH 2009

[ DA MEMORANDUM CIRCULAR NO. 2, S. 2008, October 27, 2008 ]

ADDITIONAL GUIDELINES ON THE SCHEDULE OF FEES PURSUANT TO SECTION 17, DA AO NO. 8, SERIES OF 2002 AND RELATED GUIDELINES



Pursuant to DA Memorandum Circular No. 02, series of 2007 and DA Memorandum Circular 06, s. 2007 relating to the renewal of permits of regulated articles for propagation and direct use as food and feed or processing, respectively, this Department hereby issues the schedule of fees relating to the application for renewal permits of DA AO No. 8, series of 2002 “Rules and Regulations on the Importation and Release into the Environment of Plants and Plant Products Derived from the Use of Modern Biotechnology”. Likewise, Section 2 (b) of this Memorandum Circular which identifies the services and items allowed for funding from the proceeds of Risk Assessment Review Cost (RARC), shall likewise apply to the utilization of funds for RARC under Memorandum Circular No. 9, series of 2003 “Schedule of Fees Pursuant to Section 17, DA AO No. 8, series of 2002 and Related Guidelines, dated 21 May 2003.

Pursuant to Section 17 of DA AO No. 8, the Director of Bureau of Plant Industry (BPI) may impose fees in such amount as maybe necessary to cover the costs of evaluating applications for permits under DA AO No. 8, with the approval of the Secretary of the Department.

SECTION 1. Payment of Filing Fee for Renewal Applications - Upon submission of completed application forms, the applicant shall pay a non-refundable fee in the amount of One Thousand Pesos (PhP1000.00).

SECTION 2. Additional Costs Related to Risk Assessment Review

a. Mechanics of Renewal Applications

Upon the satisfactory procedural review of the application for renewal of permit, the BPI shall meet the applicant to agree on the scope of work and the RARC. A Risk Assessment Review Work and Financial Plan shall be mutually formulated to include the timetable and the corresponding budget and logistical requirements to attain the projected completion date. The agreements shall be expressly indicated in a Memorandum of Agreement (MOA) between the BPI and the applicant.

The applicant shall remit the RARC to the BPI upon the execution of the MOA. The BPI shall issue an official receipt to acknowledge the payment of the RARC. The BPI shall disburse the amount in accordance with the mutually agreed Risk Assessment Review Work and Financial Plan and consistent with existing rules and regulations.

b. Guidelines for Utilization of funds collected for RARC of Renewal Applications

Expenses attendant to the review of renewal permits and all other permits issued under DA AO No. 8 can be charged against the funds collected from the RARC, provided that these expenses relate or are covered by the following:

b.1 Service Contract for Members of Scientific and Technical Review Panel (STRP) - The STRP members shall execute a MOA with BPI to include the scope of work, timeline(s), deliverable(s), the cost of the scientific and substantive review.

b. 2 Honoraria for Insect Resistance Management Advisory Team (IRMAT) - Services of all IRMAT members based on Special Order 07, series of 2006 are required to provide assistance to formulate the requirements for insect resistance management (IRM) strategy for Btcorn, based on MC No. 8, series of 2005 which strengthens the DA’s science-based IRM strategy. The cost of services provided by IRM AT members are mutually agreed by the BPI and the applicant as indicated in the Work and Financial Plan (WFP).

b.3 Honoraria of BPI Biotech Core Team (BCT) and Approving Officer - Services of BPI BCT based on Special Order 481, series of 2008 are required to (i) discuss and review risk assessment reports of all GM applications for recommendations to the BPI Director, and (ii) assist or provide technical inputs in the formulation of policies, regulations, guidelines, plans and programs for biotech plant and plant products pursuant to DA AO No. 8. The BPI BCT functions as a Technical Advisory Committee to the BPI Director who is the approving authority of renewal permits under DA AO No. 8.

The cost of the services of BPI BCT and the approving officer are mutually agreed by the BPI and the applicant as indicated in the WFP. The amount allotted to the BCT members and approving officer would depend on the mutually agreed WFP of each application. Further, the amount to be paid to members would be decided upon by the team based on their share of work, responsibility or participation in related biotech activities.

b.4 Honoraria of DA-Biotechnology Advisory Team (DA-BAT) - Services of DA-BAT in the form of technical and scientific advise are required by the technical and regulatory units of the DA for the formulation and/or improvement of science-based protocols for (i) biosafety, (ii) food and feed safety, (iii) risk assessment, and (iv) design of risk management or mitigating measures and strategies. The cost of services for DA-BAT members mutually agreed by the BPI and the applicant as indicated in the WFP.

b.5 Logistics and Administrative Support - These expenses include meeting costs, documentation, communications, travels, data management, and administrative costs necessary for the conduct of comprehensive risk assessment review and implementation of the approval process of renewal of permits under DA AO No. 8.

This Memorandum Circular takes effect immediately.

Adopted: 27 Oct. 2008

(SGD.) ATTY. ARTHUR C. YAP
Secretary

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