Proposal

1. Proposal To Extend the Application of the Convention on Biological Diversity and the Biosafety Protocol to the Hong Kong SAR

2. Objectives of the Convention • Conservation of biological diversity • Sustainable use of its components • Fair and equitable sharing of the benefits arising out of the utilization of genetic resources

3. Major requirements • Each Party to the Convention shall, in accordance with its particular conditions and capabilities, develop national biodiversity strategies and action plans

4. Major requirements • Each Party to the Convention shall, as far as possible and as appropriate: • Identify and monitor the important components of biodiversity • Establish a system of protected areas • Rehabilitate and restore degraded ecosystems & promote the recovery of threatened species

5. Major requirements • Regulate, manage or control the risks posed by living modified organisms (LMO)* • Prevent the introduction of, control or eradicate invasive alien species • Respect, preserve and maintain traditional knowledge relevant for the conservation and sustainable use of biodiversity * “Living modified organism” means any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology

6. Major requirements • Parties to the Convention shall: - Promote public participation - Educate the public and raise awareness - Report on how biodiversity goals are met

7. The Protocol • The Protocol was adopted under the Convention, and it has come into force since September 2003 • The Protocol’s main objective is to protect biodiversity by regulating the transboundary movement of LMO

8. Major requirements • Advance Informed Agreement (AIA) procedure • Applies only to the first intentional transboundary movement of any particular LMO intended for introduction into the environment • A party of export has to, in advance of shipment, provide detailed written information, and obtain the explicit prior consent of the competent authority of the importing party

9. Major requirements • It ensures that recipient countries have the opportunity to assess any risks that may be associated with the LMO before agreeing to its import

10. Major requirements • Shipment Documentation requirements • Applies to transboundary movement of LMO

11. Major requirements • LMO for introduction into the environment • Clearly identifies them as LMO • Specifies the identity and relevant traits of the LMO • Provides any requirement for safe handling, storage, transport and use • Provides a contact point for further information, and the name and address of the importer and exporter • Provides a declaration that the movement is in conformity with the requirements of the Protocol

12. Major requirements - LMO for contained use • Clearly identifies them as LMO • Specifies any requirements for the safe handling, storage, transport and use • Provides a contact point for further information, and the name and address of the importer and exporter

13. Major requirements - LMO intended for direct use as food, feed or processing • Clearly specifies that it “may contain” LMO and not intended for introduction into the environment • Provides a contact point for further information

14. Major requirements • Others relating to LMO for direct use as food or feed, or for processing • A Party to the Protocol has to inform other Parties through the Biosafety Clearing House of their decision on domestic use of locally developed LMO that may be subject to transboundary movement for direct use as food or feed, or for processing

15. Major requirements • Parties to the Protocol may decide on whether or not to import LMO for direct use as food or feed, or for processing, on the basis of their domestic law

16. Proposed Application to HK • To protect Hong Kong’s biodiversity, in particular from the potential adverse impacts of imported LMO, we propose to extend the application of the Convention & the Protocol to Hong Kong

17. Except for the regulation of LMO, existing nature conservation polices & measures are generally in line with the objectives & requirements of the Convention • To enact an ordinance to regulate, manage or control the risks associated with the use and release of LMO to implement the requirements of the Protocol

18. Implementation Plan • We have obtained the Central People’s Government’s agreement-in-principle for the proposed extension • To consult key stakeholders, including food trade associations, relevant importers / traders, NGOs, academics, and the relevant advisory committees on the proposal • Take into account the views received in deciding the way forward and drawing up the detailed implementation plan