AN EXPLANATORY GUIDE TO THE CARTAGENA PROTOCOL ON BIOSAFETY PDF
June 23, 2020 | by admin
The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and. An Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Law Paper No. pages x G. M. La Vina and Ruth Mackenzie. An Explanatory Guide to the Cartagena Protocol on Biosafety: IUCN Environmental Law Paper No. 46 (Environmental Policy & Law Papers) [G. M. La Vina, Ruth.
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The CBD entered into force on 29 December and has 3 main objectives:. The Working Group was to focus specifically on transboundary movement of any living modified organism resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity. The history of the Cartagena Protocol is well documented and the table below provides a brief summary of the negotiations. The negotiations resulted in the adoption of the Cartagena Protocol on January 29, and in accordance with its Article 36 4the Protocol was opened for signature.
A Party to any protocol is a State that has consented to be bound by the treaty by signing and agreeing to be bound by the Objectives of the Treaty. The Cartagena Protocol on Biosafety is the first multilateral international treaty dealing with the transboundary movement of living modified organisms commonly referred to as genetically modified organisms.
The objective of the Cartagena Protocol sets out the aim of the Protocol and has taken cognizance of the precautionary approach enshrined in Principle 15 of the Rio Declaration on Environment and Development. The Principle provides that:. The Cartagena Protocol is essentially a multilateral environmental agreement MEA to regulate environmental issues related to the intentional movement of living modified organisms.
However, the Cartagena Protocol also deals with trade related issues and includes the safe transfer of living modified organisms between parties. The legal explanarory of the objective is such that where a State signs the Protocol and becomes a Party, the State should strive to conform to the Objective of the Cartagena Protocol in the ratification process by ensuring that the enacted national law contributes to an adequate level of protection.
The Cartagena Protocol does not elaborate on the issue of adequacy of protection, thus each Party has the discretion to include the standard it desires. The level of protection should ideally be set to ensure that any threats that might potentially harm the environment are minimized. Parties should take cognizance of the fact that, in interpreting treaty language, the primary rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose Transboundary The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms.
Article 3 k of the Cartagena Protocol defines Transboundary Movement as: This clearly means that what is to be regulated is the movement of living modified organisms between two Parties. Intentional transboundary movement lrotocol Parties and non-parties is regulated through Article 24 of the Protocol which provides that such movements shall be consistent with the objective of the Cartagena Protocol Under the Vienna Convention of the Law of Treaties, a Protocol protool create rights and obligations for non-parties without their consent However, Article 38 explanahory the Vienna Convention on the Laws of Treaties provides that a third state non-party can be bound by a treaty where the rule is recognized as customary rule of international law.
International customary laws 15 are norms of behavior observed by numerous states over time which after a biosafetg are then considered as binding on all states as an accepted legal requirement.
A Party dealing with a non-Party has the burden to ensure that any bilateral, regional and multilateral agreements and arrangements on transboundary movements of living cartagens organisms are consistent with the objectives of the Protocol. Under Article 24 2 Parties are to encourage non-Parties to adhere to the Protocol and to contribute appropriate information to the Biosafety Clearing-House on living Cartagnea Organisms released in, or moved into or out of, areas within their national jurisdictions.
Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans However, the exemption only applies where the transboundary movements of such organisms are addressed by other relevant international agreements or organizations such as the World Health Organization. The right of any Party to subject any living modified organism intended for human pharmaceutical to risk assessment is left at the discretion of each Party as the exemption in Article 5 is without prejudice to any right of a Party to subject all living modified organisms to risk assessment prior to making of decisions on import Living modified organisms in transit or those destined for contained use are regulated under Article 6 of the Cartagena Protocol.
LMOs in transit or those destined for contained use are exempt from the application of the Advanced Informed Agreement Procedure under the Protocol. Some provisions of the protocol do apply, such as the handling and labeling provisions in Article For LMOs destined for contained use, the Cartagena Protocol provides that the transboundary movement of this category of LMOs shall be undertaken in accordance with the standards of the Party of Import. This means that a Party should develop regulations for LMOs destined for contained use.
The Party of Import may also subject the LMO destined for contained use to risk assessment guixe to any decision. Article 17 of the Cartagena Protocol deals with the unintentional transboundary movements and emergency measures and is applicable to both Parties and non-Parties to the Cartagena Protocol Legally, where an unintentional transboundary movement occurs within the jurisdiction of a Party, the Party is under an obligation to notify any affected or potentially affected States, the Biosafety Clearing-House and international organizations where appropriate.
This means that where the affected or potentially affected State is not a Party to the Cartagena Protocol, it must be notified in line with principles of international customary laws.
The AIA procedure requires that before the first intentional transboundary movement of living modified organisms for the intentional introduction into the environment, the Party of Import must be notified of the proposed transboundary movement The AIA Procedure enables a Party of Import to consent or reject the transboundary movement for the intentional release into the environment after assessing the potential risk to the environment.
The procedure for AIA is covered under Articles 7 to 10 and 12; and requires that a Party of Export shall notify in writing to a competent national authority of the Party of Import of an intentional transboundary movement 20 for the intentional release into the environment; Art. Article 12 of the Protocol allows a Party to review its decision at any time in light of new scientific information on potential adverse effects on the conservation and sustainable use of biological diversity regarding an intentional transboundary movement.
Cartwgena Article further allows a Party of Export or notifier to request for a review of decision where a change in circumstances has occurred that may influence an outcome of a risk assessment that was the basis of the decision.
Article 7 3 further exempts the transboundary movement of living modified organisms intended for direct use as food or feed or processing from the AIA procedure. The AIA Procedure shall also not apply explanatry living modified organisms that have been identified by the Conference of the Parties as being likely not to have adverse effects on the conservation and sustainable use of explsnatory diversity Article 7 4.
So far, no LMO has been identified to be exempt under this Article by the Conference of Parties, however this Article provides for such an exemption in the future. A Party of Import may opt to use a expllanatory notification procedure in the case of intentional transboundary movement of living modified organisms explanaatory that the Party ensures that adequate measures are applied in accordance with the objectives of the Protocol; Art.
The Party of Import still retains the right to subject the LMOs destined for contained use to risk assessment and to giosafety the standards and requisite regulations. Biozafety each Party should ensure that it has adequate standards and regulations to ensure the safe handling of LMOs destined for contained use and for LMOs in transit as the Protocol has left the regulation of cartageha to the discretion of the Parties.
The right of the Party of Import to regulate could include an appropriate notification, transportation and handling procedures. Examples of LMOs-FFP 21 include xn, soya bean, wheat or other grains that will be directly fed to humans or animals or used for processing. These categories of LMOs pose minimal environmental risk as they are not to be introduced to the environment. Any Party that makes a final decision regarding the domestic use; including the placing on the market of a living modified organism that may be subject to transboundary movement for direct use as food, feed, or processing must notify the Parties through the Biosafety Clearing-House within fifteen days of the decision.
This means that under the domestic regulatory framework, a Party may require the LMO-FFPs to be subjected to advance notification and approval. The intention to use such a procedure should be declared through the BCH. This means that a Party that uses the mechanism under Article Handling, Article 18 of the Protocol addresses the Handling, Transport, Packaging and Identification of LMOs and requires that LMOs that are subject to intentional cartaegna movement, are handled, packaged, and transported safely.
Documentation requirements for the handling, transport, packaging and identification of LMOs are provided proyocol Article Generally, each category of LMO has different documentation requirements under the Protocol as follows:. The Cartagena Protocol provides the minimum documentation requirements for the intentional transboundary movement of LMOs and each Party cartagdna within its domestic regulatory framework require additional information that is not included in the handling, transport, packaging and identification of LMOs requirements provided that yo requirements are in line with the objectives of the Cartagena Protocol.
The Biosafety Clearing-House BCH was established under Article 20 of the Cartagena Protocol to meet the objectives of the CBD by facilitating the exchange of scientific, technical, environmental and legal information on experiences with living modified organisms.
The BCH is to assist Parties to implement the Cartagena Protocol in particular, the BCH is to take into account the special needs of developing country Parties especially the least developed and small island developing states, as well as countries that are centres of origin and centres of diversity.
The BCH will serve as a repository of information necessary for the implementation of the Protocol and will provide a means for the exchange of information between Parties as well as any other international biosafety information mechanism. The information to be provided to the BCH include, existing national legislation, regulations and guidelines for implementing the Cartagena Protocol, as well as information required by Parties for the advance informed agreement procedure, bilateral, multilateral and regional agreements and arrangements, summaries of risk assessments or environmental reviews of LMOs generated by regulatory processes and relevant information regarding products thereof.
Final decisions on importation or release of living modified organisms should also be made available to the BCH. As an information center, the BCH also provides access to other biosafety information exchange mechanisms such as information available on the United Nations Industrial Organization — Biosafety Information Network and Advisory Services.
Background to the Cartagena Protocol on Biosafety – ABNE | African Biosafety Network of Expertise
The effective implementation of the BCH will depend on all Parties providing all the necessary information for the implementation of the Protocol. Thus each Party should strive to ensure that it makes available to the BCH all the information that it uses in the implementation of the Protocol. Text of the Convention on Biological Diversity, available at http: Id Article 19 4.
Id Article 36 5. Id Article 37 6. Ratifications available at www. Text of the Cartagena Protocol available here 9.
Rio Declaration on Environment and Development, available here Vienna Convention of the Law Treaties, Article 31 Article 3 k Cartagena Protocol biosafery Biosafety Cartagena Protocol on Biosafety, Article 24 Article 34, Vienna Convention on the Law of Treaties.
Article 38 Vienna Convention of the Law of Treaties Id, Article 5 Id and Mackenzie R. Supra at 13 Article 7, Cartagena Protocol on Biosafety Id Article 11 Article 18 3 Convention on Biological Diversity. Text of the Protocol: Background to the Cartagena Protocol on Biosafety General Information Footnotes General Information Introduction Efforts to create international Biosafety rules began in the s, when modern biotechnology was still at its infancy but showing signs of progressing towards the commercialization of genetically modified organisms and products.
Background to the Cartagena Protocol on Biosafety
The CBD entered into force on 29 December and has 3 main objectives: The objective of the Cartagena Protocol provides: The Principle provides that: The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms. The Cartagena Protocol establishes a special procedure under Article 11 on the transboundary movement for living modified organisms destined for direct use as food, feed, or for processing LMO-FFP.
Article 18 of the Protocol addresses the Handling, Transport, Packaging and Identification of LMOs and requires that LMOs that are subject to intentional transboundary movement, are handled, packaged, and transported safely. Generally, each category of LMO has different documentation requirements under the Protocol as follows: The contact point for further information together with the name and address of the importer and exporter should also be included.
A declaration that the movement conforms to the requirement of the Protocol should be included by the exporter. The road to the Cartagena Protocol on Biosafety Phase 1: