Transcript Document

Cartagena Protocol on
Biosafety
And
India’s Obligations
By
Desh Deepak Verma
Joint Secretary,
Ministry of Environment and Forests
CARTAGENA PROTOCOL
 The
Cartagena Protocol is a protocol of the
Convention on Biological Diversity (CBD)
ARTICLE 19(3) OF THE CBD
 The Parties shall consider the need for and
modalities of a protocol setting out appropriate
procedures, including, in particular, advance
informed agreement, in the field of the safe
transfer, handling and use of any LMO resulting
from biotechnology that may have adverse effect
on the conservation and sustainable use of
biological diversity.
CARTAGENA PROTOCOL ARTICLE
Protocol was adopted on 29th January 2000.
130 Parties signed the protocol.
Currently 119 countries have ratified
India ratified the protocol on 17th January, 2003.
The Protocol has come into force on 11th
September 2003
The first COP-MOP –1 held in Kuala Lumpur –
February 2004
The first COP-MOP –1 held in Kuala Lumpur –
February 2004
The
Objective (Article 1)

The objective of the protocol is to contribute for
safe transfer, handling and use of living modified
organisms resulting from modern biotechnology
that may have adverse effects on the conservation
and sustainable use of biological diversity.
 The Protocol also takes into account risks to human
health.
 The Protocol specifically focuses on transboundary
movement of LMOs
Important Elements of Protocol











Scope
Precautionary Principal
Advanced informed agreement procedure
Decision Procedure
Separate procedure for LMO-FFP
Identification
Liability and redress
Biosafety clearing house mechanism
Capacity building
Compliance
Relationship with other agreements
SCOPE

The protocol deals with all the transboundary
movement, transit, handling and use of all living
modified organisms that may have adverse effects
on conservation and sustainable use of biological
diversity taking into account also risks to human
health (Article 4).
 Some categories of LMOs are excluded.
 In some cases the exclusions are limited to specific
provisions relating to Advance Informed Agreement
(AIA) procedure.
PRECAUTIONARY PRINCIPLE

Precautionary principle has been incorporated in
certain Articles of the protocol, namely Article 10
on Decision procedure, Article 11 on Procedure for
LMOs intended for direct use as food, feed or for
processing and Annexure III.

Lack of scientific certainty regarding potential
adverse effects of LMOs will not prevent a Party to
take a decision with regard to the import of LMOs.
ADVANCED INFORMED AGREEMENT
PROCEDURE (ARTICLE 7)
The AIA procedure applies on the first instance that a
LMO covered under Protocol is intentionally brought
from the jurisdiction of one Party into another. The
elements of the procedure include:
Designation of Competent authority
o Notification and information
o Decision of a Party of import
o Risk assessment
o
PROCEDURE FOR LMO-FFPs
The Protocol’s specific AIA procedure does not
apply to LMO-FFPs.
 Parties making a final decision about the domestic
use of an LMO must notify the other Parties through
Biosafety Clearing House.
 Parties to the Protocol may require prior consent of
LMO-FFPs under their relevant domestic regulatory
framework.
 Countries which do not have domestic regulatory
framework will take a decision on the first import of
LMO-FFPs in accordance with risk assessment.

Decision Procedure (Article 10)
– Under the AIA procedure, prior notification by the
party of export.
– Decision by the party of import within 270 days.
– To facilitate decision making access to the BCH and
roster of experts through the Secretariat.
– In case of no response from the party of import, the
party of export may seek the reasons for lack of
response and may facilitate necessary financial
assistance from among others the roster of experts for
decision making.
IDENTIFICATION (ARTICLE 18)

Under Article 18 LMO-FFPs must be accompanied
by documentation specifying that they may contain
LMOs and they are not intended for intentional
introduction into the environment.
a. LMOS as food, feed & processing
b. LMOs for contained use
c LMOS for intentional release
 The details of the procedure still remain to be
worked out and are supposed to be settled within
two years after the Protocol enters into force.
LIABILITY AND REDRESS

A system for liability and redress where the
transboundary movement of LMOs may cause
damage or harm to biodiversity and human health is
provided.

For this purpose, the Parties to the Protocol at its
first meeting will adopt a process for elaboration of
rules and procedures for liability and redress, and
complete the process within a period of four years.
BIOSAFETY CLEARING HOUSE

The Protocol established a Biosafety Clearing House.
 BCH is to facilitate the exchange of scientific, technical,
environmental and legal information on, and experience
with LMOs and to assist Parties to implement the
Protocol.
 Parties have to provide the BCH the following:
o
o
o
o
Laws, regulations and guidelines for implementation of the
Protocol
Bilateral, regional and multilateral arrangements under Article
14
Decisions on import or release of LMOs
Summaries of risk assessment or environmental reviews of
LMOs generated by regulatory processes of Parties.
CAPACITY BUILDING

Many developing countries do not have adequate
human resources and infrastructure.
 Article 22 provides for capacity building in
biosafety for effective implementation of the
Protocol in developing country Parties.
 It further provides that for this purpose, the needs
for developing countries for financial resources and
access to and transfer of technology and know-how
shall be taken fully into account.
Compliance (Article 34)
– The COP-MOP shall at its first meeting, consider and approve
cooperative procedures and institutional mechanisms to
promote compliance with the provisions of this Protocol and
to address cases of non-compliance.
– Compliance Committee comprising of 3 members from each
region has been set up. Out of the 3 members, two have been
nominated for a period of 4 years and one for a period of 2
years. The Asia Pacific region, will be represented by
Malaysia, Iran for 4 years and Tonga for 2 years.
– Measures taken for non compliance would be non punitive
and suggestive nature (taking into consideration lack of
capacity among developing countries).
RELATIONSHIP WITH OTHER
AGREEMENTS
Three preamble paragraphs:
 Recognizing that trade and environment agreements
should be mutually supportive with a view to
achieving sustainable development.
 Emphasizing that this Protocol shall not be
interpreted as implying a change in the rights and
obligations of
a Party under any existing
international agreements.
 Understanding that the above recital is not intended
to subordinate this Protocol to other international
agreements.
Third Meeting of the Conference of the Parties
serving as the Members of the Parties is to be held
in Curitiba, Brazil during 13-17th March 2006.
India is Head of the Like-Minded Megadiverse
Countries and has been playing a crucial role in
negotiations during the meeting on the issues such
as Handling, transport, packaging and identification (Article 18).
Risk assessment and risk management (Articles 15 and 16).
Liability and redress (Article 27).
Subsidiary bodies (Article 30).
Monitoring and reporting (Article 33).
Assessment and review (Article 35).