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CARTAGENA PROTOCOL ON BIOSAFETY: FUNDAMENTAL OBLIGATIONS AND REQUIREMENTS

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

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CARTAGENA PROTOCOL ON BIOSAFETY: FUNDAMENTAL OBLIGATIONS AND REQUIREMENTS

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  1. CARTAGENA PROTOCOL ON BIOSAFETY: FUNDAMENTAL OBLIGATIONS AND REQUIREMENTS BANPOT NAPOMPETH National Biological Control Research Center Kasetsart University Chairman, National Biosafety Committee

  2. 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)

  3. 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

  4. 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

  5. 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

  6. - 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

  7. - 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

  8. 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

  9. 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)

  10. 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)

  11. 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)

  12. 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

  13. THANK YOU FOR YOUR ATTENTION

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