. /.WORLD TRADE
ORGANIZATIONG/SPS/N/JPN/107
25 September 2003
(03-5091)
Committee on Sanitary and Phytosanitary Measures Original:  English
NOTIFICATION
1. Member to Agreement notifying:   JAPAN
If applicable, name of local government involved:
2. Agency responsible:   Ministry of the Environment
3. Products covered (provide tariff item number(s) as specified in national schedules
deposited with the WTO; ICS numbers should be provided in addition, where
applicable):  Living Modified Organisms (LMOs)
4. Regions or countries likely to be affected, to the extent relevant or practicable:
Countries exporting LMOs to Japan
5. Title, language and number of pages of the notified document:
1. Draft Regulations related to the Enforcemen t of the Law concerning the Conservation and
Sustainable Use of Biologi cal Diversity through Regula tions on the Use of Living
Modified Organisms;
2. Draft basic matters under the provisions of Article 3 of the Law concerning the
Conservation and Sustainable Us e of Biological Diversity th rough Regulations on the Use
of Living Modified Organisms;
3. Draft Guidance of Implementation of Assessm ent of Impact on Biological Diversity of
Type 1 Use of Living  Modified Organisms.
(The texts of these regulations are available in English.)
6. Description of content:   The Law concerning the Cons ervation and Sustainable Use of
Biological Diversity throug h Regulations on the Use of Living Modified Organisms
(hereinafter "the Law") was promulgated on 18 June 2003 to implement the Cartagena
Protocol on Biosafety.  It has established th e approval system for the use of LMOs without
containment measures, made obligations of taki ng containment measures for the other use of
LMOs and made requirements for export of LMOs.  These draft regulations notified here
prescribe the matters necessary to enforce the Law, including detailed procedures.
7. Objective and rationale:  [    ] food safety, [ X ] animal health, [ X ] plant protection,
[ X ] protect humans from animal/plant pest or disease,  [ X ]  protect territory from
other damage from pests
8. International standard, gu ideline or recommendation:   
[   ] Codex Alimentarius Commission, [   ] Office International des Epizooties,
[   ] International Plant Prot ection Convention, [   ] None
If an international standard , guideline or recommendation exists, give the appropriate
reference and briefly identify deviations:   The draft regulations notified here are consistent
with the Cartagena Protocol on Biosafety to the Convention on Bi ological Diversity.G/SPS/N/JPN/107
Page 2
9. Relevant documents and language(s) in which these are available:  The basic law is the
Law concerning the Conservati on and Sustainable Use of Bi ological Diversity through
Regulations on the Use of Living Modified Organisms.  The regulations indicated in
Section 5 of this notification will appear in "KANPO" (Official Government Gazette) when
adopted.
10. Proposed date of adoption:   As soon as possible after the final date for comments.
11. Proposed date of entry into force:   The proposed date of enforcement of these regulations
is to be the same as the date of entry into force of the Law, which is the date that the
Cartagena Protocol enters into force in Japan.  However, applications for approval for the use
of LMOs with/without containment measures can be submitted and competent Ministers can
approve them before the enforcement of the Law and the regulations.
12. Final date for comments:  20 November 2003
Agency or authority designated to handle comments:  [   ] National notification
authority, [ X ] National enquiry point, or address, fax number and E-mail address (if
available) of other body:
13. Texts available from:  [   ] National notification authority,  [ X ]  National enquiry point,
or address, fax number and E-mail address (if available) of other body: