CARTAGENA PROTOCOL ON BIOSAFETY

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CARTAGENA PROTOCOL ON BIOSAFETY

• NDA- DEAT BILATERAL MEETING
• 1 August 2003
• Presenter M. Mbengashe

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OBJECTIVE OF THE PROTOCOL

• In accordance with Precautionary Approach the
  objective of CPB is to contribute to ensuring
  adequate level of protection in the field of the
  safe transfer, handling and use of LMOs, taking
  into account risks to human health, and
  specifically focussing on transboundary movement
  (Article 1)

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CBD PROVISIONS RELATED TO LMOs

• CPB International Agreement under UNCBD
• Article 19(3) Requires parties to regulate,
  manage or control risks associated with LMOs
• Article 8(g) require parties to establish
  domestic regulatory and administrative measures
• Article 19(4) creates obligation for parties to
  the CBD to provide information on any LMO
  transferred to another party.

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CURRENT DEVELOPMENTS

• CPB opened for signature in 2000
• 51 Parties ratified
• 13 African countries have ratified
• Entry into force require 50 ratification
• Enters into force 11 September 2003
• South Africa instrument of accession approved and
  signed by DFA
• ICCP meeting in August 2003
• CBD COP 7 in March 2004 in Malaysia

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SCOPE OF PROTOCOL AIA PROCEDURE (ART. 4-7)

• CPB covers transboundary movement, transit,
  handling and use of all LMOs
• Elements of AIA are
• Competent Authority for administrative functions
  required by the Protocol (Article 19)
• Notification and information to party of import
  by exporting party of proposed transboundary move
• Decision by party of import
• Risk assessment ((Article 15 Annex 111)
• Confidential information (Article 21)
• National discretion (Article 9(3) 14(4)

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SCOPE OF PROTOCOL

• LMOs subject to provisions of Protocol
• All LMOs which may have adverse effects on
  conservation, sus,. Use and risk to health
• LMOs subject to AIA provisions
• LMos intended for intentional introduction into
  the environment Article 7(1)
• LMOs excluded from Protocols AIA provisions
• LMOs in transit Article 6(1)
• LMOs destined for contained use in the Party of
  import 6(2)
• LMOs intended for direct use as food,or feed, or
  for processing Art. 7(2)
• LMOs identified by MOP to Protocol as being not
  likely to have adverse impacts Article 7 (4)
• LMOs excluded from the Protocols provisions on
  transboundary Movements
• LMOs that are pharmaceuticals for humans that are
  addressed by other MEAs Article 5

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BIOSAFETY CLEARING HOUSE

• Art. 20 establishes BCH as means through which
  information is made available and accessible to
  Parties
• Facilitate exchange of scientific, technical,
  environmental legal information on experience
  with LMOs
• Assist parties to implement Protocol
• Parties to make following information to BCH
• Laws, regulations and guidelines for CPB
  implementation
• Decisions on import or release of LMOs
• Summaries of risk assessments or environmental
  reviews of LMOS generated by regulatory processes
  of Parties
• Bilateral, regional and multilateral arrageements
  (art. 14)

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ARTICLE 18

• Requires parties to take measures for the safe
  handling packaging and transport of LMOs subject
  to intentional transboundary movement (art. 18(1)
  and applies to all LMOs within the scope of CPB
• Information provides means to identify and track
  transboundary movements of LMOs, gives
  information to the party of import at border and
  offers a contact point for further information
• COP/MOP to further develop standards for
  identification, handling, packaging and transport
  practices in consultation with relevant bodies

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ARTICLE 19

• National Focal Point Liaison with Secretariat
• Competent Authority Performing administrative
  functions of the Protocol
• -Receive notification of proposed transboundary
  movement of LMOs
• -Acknowledge receipt of the notification (article
  9)
• -Request further information (Articles 9 10)
• -Communicate the decision of the party of import
  to the notifier and the
• -Biosafety Clearing House (with reasons where
  required (Article 10(3)
• -Respond to requests by the Party of export or
  notifier to review decision
• -Consult with notifier, where necessary, on
  treatment of confidential
• -Information (Article 21)
• Each party to notify the Secretariat no later
  9/11/2003
• Parties information will be available through
  Biosafety Clearing House

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ARTICLE 22CAPACITY BUILDING

• Requires Parties to cooperate in building
  capacity for implementation of the Protocol
• Capacity needs identified
• Training in administration of GMO Act
• Risk assessments
• Public participation
• Requirements in terms of transit policy for GMO
  consignment
• Agree on wayforward for National Biosafety
  Framework Project

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Article 23 PUBLIC AWARENESS AND PARTICIPATION

• Provides mix of mandatory and discretionary
  action for Parties
• Promote and facilitate public awareness,
  education and participation
• Provision of information on LMOs to the Public
  Article 23 (1)
• Public participation in LMO-decision making
  processes (article 23(2)
• Provision of information to the public about
  access to the Biosafety Clearing House (23 (3)

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OTHER PROVISIONS

• Illegal transboundary movements (Art. 25)
• Socio economic considerations (Art.26)
• Liability and redress (Article 27)
• Article 28-31 establish financial and
  institutional infrastructure of the Protocol

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WAY-FORWARD

• Agree on institutional structures
• Constitution of task team
• Development of implementation plan
• National Biosafety Framework Project
• Agree on roles and responsibilities
• Set time frames