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Potential trade implications of CBD and the Cartagena Protocol on Biosafety

MEA – UNEP meeting on Enhancing MEA and WTO Information Exchange 11 November, Palais des Nations, Geneva Secretariat of the Convention on Biological Diversity. Potential trade implications of CBD and the Cartagena Protocol on Biosafety. Outline. Section I: The CBD

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Potential trade implications of CBD and the Cartagena Protocol on Biosafety

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  1. MEA – UNEP meeting on Enhancing MEA and WTO Information Exchange 11 November, Palais des Nations, Geneva Secretariat of the Convention on Biological Diversity Potential trade implications of CBD and the Cartagena Protocol on Biosafety

  2. Outline Section I: The CBD • Introduction: CBD objectives, general features, overview • Potential trade implications of CBD provisions • Relationship with WTO Section II: The Biosafety Protocol • Overview • Examples of provisions with trade implications • Relationship with WTO

  3. CBD: Objectives (Art. 1) • Conservation of biological diversity • Sustainable use of its components • Fair and equitable sharing arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of technologies

  4. CBD: General features • Convention sets goals, establishes general principles • Application of specific measures largely prerogative of Parties • Provisions may guide Parties to take measures with impacts on trade and the WTO framework

  5. CBD: Overview Art. 1 – 5 General provisions Art. 6 General measures for conservation and sustainable use Art. 7 Identification and Monitoring Art. 8 In-situ conservation Art. 9 Ex-situ conservation Art. 10 Sustainable use Art. 11 Incentive measures Art. 12 Research and training Art. 13 Public education and awareness Art. 14 Impact assessment and minimizing adverse Impacts Art. 15 Access to genetic resources Art. 16 Access to and transfer of technology Art. 17 –18 Information exchange; technical and scientific information Art. 19 Handling of biotechnology and distribution of its benefits Art. 20 – 21 Finance Art. 22 Relationship with other conventions Art. 23 – 42 Convention process and institutional arrangements

  6. Trade-related provisions Art. 1 – 5 General provisions Art. 6 General Measures for conservation and sustainable use Art. 7 Identification and Monitoring Art. 8 In-situ conservation Art. 9 Ex-situ conservation Art . 10 Sustainable use Art. 11 Incentive measures Art. 12 Research and training Art. 13 Public education and awareness Art. 14 Impact assessment and minimizing adverse Impacts Art. 15 Access to genetic resources Art. 16 Access to and transfer of technology Art. 17 –18 Information exchange; technical and scientific information Art. 19 Handling of biotechnology and distribution of its benefits Art. 20 – 21 Finance Art. 22 Relationship with other conventions Art. 23 – 42 Convention process and institutional arrangements

  7. Trade-related provisions Identification, monitoring and policy responses • Relevant articles: 7 (c), 14 (a) and (b), 8 (l), 6 • Obligations for identification, monitoring, assessment • Obligations for policy responses, policy integration • Implications for trade or trade policies

  8. Trade-related provisions Sustainable use and incentive measures • Relevant articles: 6 (a), 10 (a), 11 • Classification of incentive measures • Positive incentives measures and possible trade implications • Perverse incentives measures and possible trade implications • Indirect incentives measures and possible trade implications

  9. Trade-related provisions Alien Invasive Species • Relevant articles: 8 (h) • Trade-related aspects: the role of border control and quarantine measures

  10. Trade-related provisions Access and benefit sharing; protection of biodiversity-related traditional knowledge • Relevant articles: 15, 8 (j), 10 (d), 18.4 • Aspects related to TRIPS: recent COP Decisions • Role of IPR as a means to ensure benefit sharing: joint ownership, sharing of royalties, … • Role of IPR to encourage access and benefit sharing and contribute to protection of traditional knowledge: disclosure of country of origin • Need for further information gathering and analysis

  11. Trade-related provisions Technology transfer • Relevant articles: 16, 19.2 • Aspects related to TRIPS: the role of IPR

  12. Relationship with WTO Article 22 (1): Relationship with other international conventions “The provisions of this Convention shall not affect the rights and obligations of any Contracting Party deriving from any existing international agreement, except where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity.”

  13. Relationship with WTO Applications for observer status • CTE (granted) • CTE Special Session (pending) • TRIPS Council (pending) • Committee on Agriculture (pending)

  14. Section IIThe Biosafety Protocol and its relationship with international trade

  15. Objective • In accordance with the precautionary approach contained in Principle 15 of the Rio Declaration, to contribute to ensuring adequate level of protection in the field of the safe transfer, handling and use of LMOs resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking into account risks to human health

  16. Scope • Applying to: • Transboundary movement (main focus) • Transit • Handling and • Use of all LMOs that may have adverse effects on the conservation and sustainable use of biodiversity, taking into account risks to human health • Exception: - Pharmaceuticals covered by other relevant international agreements or organizations

  17. Means • General measures • Procedural and other requirements • Operational mechanisms (Biosafety Clearing-House)

  18. General measures • Not restricting the right of Parties to take action that is more protective than that called for in the Protocol, provided it is: - consistent with the objective and the provisions of the Protocol; - in accordance with that Party’s obligations under international law

  19. Procedural and other requirements Three categories of LMOs: • LMOs for intentional introduction into the environment (e.g. seed) • LMOs intended for direct use as food or feed or for processing (e.g. genetically modified fruits for human consumption) • LMOs for contained use (e.g. for laboratory use)

  20. Procedural and other requirements • Advance Informed Agreement Procedure (AIA procedure) • Procedure for LMOs intended for direct use as food or feed or for processing (LMO-FFP procedure) • Requirements for handling, transport, packaging and identification

  21. AIA procedure • Application: First intentional transboundary movement of LMOs for intentional introduction into the environment of the Party of import • Procedural steps: Notification by the Party of export/exporter  acknowledgement of receipt of notification by the Party of import  decision-making  review of decision

  22. AIA procedure Decision-making: • Risk Assessment • Precautionary Approach

  23. AIA procedure Risk Assessment • Carry out in a scientific sound manner • Conduct in accordance with a technical annex containing general principles and methodologies

  24. AIA procedure • Outcomes of decision-making: - Approving the import, with or without conditions; - Prohibiting the import; - Requesting additional information; - Extending 270 days deadline by a defined period of time • Review of decisions

  25. Procedure for LMO-FFPs • Informing of final decisions on domestic use, placing on the market of LMOs • Decision-making on imports: subject to domestic regulatory framework that is consistent with the objective of the Protocol • Precautionary approach

  26. Precautionary Approach Lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse affects of a LMO on the conservation and sustainable use of biological diversity in the Party of import, taking also into account risks to human health, shall not prevent that Party from taking a decision, as appropriate, with regard to the import of the LMO in question in order to avoid or minimize such potential adverse effects.

  27. Socio-Economic Considerations • Take into account socio-economic considerations arising from the impact of LMOs on the conservation and sustainable use of biodiversity, especially with regard to the value of biodiversity to indigenous and local community • Consistent with Parties’ international obligations

  28. Trading with Non-Parties • Consistent with the objective of the Protocol • Encouraging non-parties to adhere to the Protocol

  29. Other requirements Handling, transport, packaging and identification • Documentation accompanying shipment of LMOs (identification of LMOs, contact information, etc. ) • Consideration of the need for and modality of developing standards

  30. Relationship with other agreements Most Relevant WTO Agreements • The SPS Agreement • The TBT Agreement • The GATT 1994

  31. Relationship with other agreements • Mutual supportiveness • Not imply a change in the rights and obligations of a Party under any existing international agreements • Not intend to subordinate the Protocol to other international agreements

  32. Relationship with other agreements Application of Observer Status • The SPS Committee (Pending) • The TBT Committee (Pending)

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