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CARTAGENA PROTOCOL ON BIOSAFETY:
FUNDAMENTAL OBLIGATIONS AND REQUIREMENTS
BANPOT NAPOMPETH
National Biological Control Research Center
Kasetsart University
Chairman, National Biosafety Committee
BACKGROUND
THE CARTAGENA PROTOCOL ON BIOSAFETY TO THE
CONVENTION ON BIOLOGICAL DIVERSITY (CBD) ADOPTED
JANUARY 29, 2000 IN MONTREAL, CANADA
IT SEEKS TO PROTECT BIOLOGICAL DIVERSITY FROM THE
POTENTIAL RISKS POSED BY LIVING MODIFIED ORGANISMS
(LMOs) RESULTING FROM MODERN BIOTECHNOLOGY
(= GENETIC ENGINEERING)
IT ESTABLISHES ADVANCE INFORMED AGREEMENT (AIA)
PROCEDURE FOR ENSURING THAT COUNTRIES ARE PROVIDED WITH
THE INFORMATION NECESSARY TO MAKE INFORMED DECISIONS
BEFORE AGREEING TO THE IMPORT OF SUCH ORGANISMS INTO THEIR
TERRITORY
IT REFERS TO THE PRECAUTIONARY APPROACH AND REAFFIRMS
THE PRECAUTION LANGUAGE IN PRINCIPLE 15 OF THE RIO
DECLARATION ON ENVIRONMENT AND DEVELOPMENT
IT ESTABLISHES A BIOSAFETY CLEARING-HOUSE (BCH) TO
FACILITATE THE EXCHANGE OF INFORMATION ON LMOs AND TO
ASSIST COUNTRIES IN THE IMPLEMENTATION OF THE PROTOCOL
AS OF JANUARY 30, 2003
SIGNATORIES: 103
RATIFICATION: 43
POSSIBLE FIRST COP-MOP: MARCH 15-26, 2004
DURING COP-7, KUALA LUMPUR
MALAYSIA
DATE OF ENTRY INTO FORCE: 2003/2004
HIGHLIGHTS
- ESTABLISHMENT OF BIOSAFETY CLEARING-HOUSE (BCH)
COUNTRIES MUST INFORM THE BCH WITHIN 15 DAYS OF THE
APPROVAL OF ANY CROP VARIETIES (LMOs) WHICH COULD BE
USED IN FOOD, ANIMAL FEED AND PROCESSING (LMOsFFP)
- REQUIRE ADVANCE INFORMED AGREEMENT (AIA) PROCEDURE
FOR INITIAL SHIPMENTS OF LMOs INTENDED FOR RELEASE
INTO THE ENVIRONMENT
- LMOsFFP ARE EXEMPTED FROM AIA REQUIREMENT BUT THEY
MUST BE LABELED “MAY CONTAIN” LMOs
- MORE DETAILED LABELING REQUIREMENTS BE COMPLETED
NO LATER THAN TWO YEARS AFTER THE PROTOCOL TAKES
EFFECT
- PRECAUTIONARY APPROACH MAY BE USED
- SOCIOECONOMIC FACTORS MAY BE CONSIDERED
- EXEMPTED FROM THE AIA REQUIREMENTS ARE LMOs INTENDED
FOR “CONTAINED USE” AND FOR LMOs IN TRANSIT THROUGH
A COUNTRY
- LMOs USED AS PHARMACEUTICALS FOR HUMANS ARE EXEMPTED
FROM THE PROTOCOL IF THEY ARE ADDRESSED BY OTHER
RELEVANT INTERNATIONAL AGREEMENTS OR ORGANIZATIONS
- COOPERATE IN CAPACITY-BUILDING, HUMAN RESOURCE, ETC
- ISSUES ON LIABILITY FOR ANY DAMAGE OF LMOs MUST BE
NEGOTIATED IN FOUR YEARS
- ENTRY INTO FORCE 90th DAY AFTER RATIFICATION BY THE 50th
COUNTRY OR REGIONAL ECONOMIC INTEGRATION ORGANIZATION
THAT IS PARTY TO THE 1992 UN CBD
- SUBJECT TO REVIEW AT LEAST EVERY FIVE YEARS
MAIN FEATURES OF CARTAGENA PROTOCOL
(TOOLS FOR PROMOTING BIOSAFETY)
- BIOSAFETY CLEARING-HOUSE (BCH)
- ADVANCE INFORMED AGREEMENT (AIA) PROCEDURE
- RISK ASSESSMENTS AND PRECAUTIONARY APPROACH
- CAPACITY-BUILDING
(INSTITUTIONAL RESOURCES AND INSTITUTIONAL CAPACITY
TO CARRY OUT BCH, AIA AND RISK ASSESSMENT)
- PUBLIC AWARENESS, PARTICIPATION AND EDUCATION
REQUIREMENTS THAT NEED TO BE FULFILLED
AS AT THE DATE OF ENTRY IN TO FORCE OF THE CARTAGENA
PROTOCOL ON BIOSAFETY AND/OR SHORTLY THEREAFTER
BASIC REQUIREMENTS:
- TO BECOME PARTY TO HAVE THE RIGHT TO VOTE IN THE FIRST
FEW COP-MOPS
- COMPLY WITH THE PROTOCOL WITHOUT ANY DELAY
- SHOULD NOT NECESSARILY AWAIT THE FORMULATION AND
ADOPTION OF THE DOMESTIC (NATIONAL) BIOSAFETY
FRAMEWORKS (NBFs)
KEY REQUIREMENTS:
1. DESIGNATION OF COMPETENT NATIONAL AUTHORITIES AND
NATIONAL FOCAL POINTS (ARTICLE 19)
2. ESTABLISHMENT OF CONTACT POINT FOR NOTIFICATION ON
UNINTENTIONAL TRANSBOUNDARY MOVEMENTS AND
EMERGENCY MEASURES (ARTICLE 17)
3. COMMUNICATING DECISION REGARDING LMOs INTENDED FOR
DIRECT USE AS FOOD OR FEED OR FOR PROCESSING (LMOsFFP)
(ARTICLE 11)
4. IDENTIFICATION OF LMOs IN ACCOMPANYING DOCUMENTATION
(ARTICLE 18)
5. MAKING AVAILABLE INFORMATION TO AND USING THE BCH
(ARTICLE 20)
OTHER PRACTICAL REQUIREMENTS:
- ASSESSMENT OF CAPACITY-BUILDING NEEDS AND
COMMUNICATE THROUGH BCH SUCH NEEDS
- PREPARATION FOR THE FIRST MEETING OF COP-MOP
(ICCP 3: PARTIES/GOVERNMENTS TO SUBMIT TO THE EXECUTIVE
SECRETARY OF CBD THEIRVIEWS AND/OR INFORMATION AS
REGARDS TO SEVERAL ITEMS SO THAT THE EXECUTIVE
SECRETARY CAN PREPARTE SYNTHESIS REPORTS OF THE VIEWS
AND INFORMATION AND SUBMIT THEM TO THE COP-MOP)
SUCH ITEMS INCLUDE:
- LIABILITY AND REDRESS
- TRANSITION BETWEEN THE PILOT PHASE AND FULLY-OPERATIONAL
BCH
- VIEWS AND COMMENTS ON THE PRELIMINARY SET OF INDICATORS
FOR MONITORING IMPLEMENTATION OF CAPACITY-BUILDING
ACTION PLAN
- CRITERIA FOR CATEGORIZATION OF LMOs
THANK YOU FOR YOUR ATTENTION