Cartagena Protocol on Biosafety

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Cartagena Protocol on Biosafety   And Indias
Obligations By Desh Deepak Verma Joint
Secretary, Ministry of Environment and Forests
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CARTAGENA PROTOCOL

• The Cartagena Protocol is a protocol of the
  Convention on Biological Diversity (CBD)
• ARTICLE 19(3) OF THE CBD
• The Parties shall consider the need for and
  modalities of a protocol setting out appropriate
  procedures, including, in particular, advance
  informed agreement, in the field of the safe
  transfer, handling and use of any LMO resulting
  from biotechnology that may have adverse effect
  on the conservation and sustainable use of
  biological diversity.

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CARTAGENA PROTOCOL ARTICLE

• The Protocol was adopted on 29th January 2000.
  130 Parties signed the protocol.
• Currently 119 countries have ratified
• India ratified the protocol on 17th January,
  2003.
• The Protocol has come into force on 11th
  September 2003
• The first COP-MOP 1 held in Kuala Lumpur
  February 2004
• The first COP-MOP 1 held in Kuala Lumpur
  February 2004

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Objective (Article 1)

• The objective of the protocol is to contribute
  for safe transfer, handling and use of living
  modified organisms resulting from modern
  biotechnology that may have adverse effects on
  the conservation and sustainable use of
  biological diversity.
• The Protocol also takes into account risks to
  human health.
• The Protocol specifically focuses on
  transboundary movement of LMOs

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Important Elements of Protocol

• Scope
• Precautionary Principal
• Advanced informed agreement procedure
• Decision Procedure
• Separate procedure for LMO-FFP
• Identification
• Liability and redress
• Biosafety clearing house mechanism
• Capacity building
• Compliance
• Relationship with other agreements

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SCOPE

• The protocol deals with all the transboundary
  movement, transit, handling and use of all living
  modified organisms that may have adverse effects
  on conservation and sustainable use of biological
  diversity taking into account also risks to human
  health (Article 4).
• Some categories of LMOs are excluded.
• In some cases the exclusions are limited to
  specific provisions relating to Advance Informed
  Agreement (AIA) procedure.

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PRECAUTIONARY PRINCIPLE

• Precautionary principle has been incorporated in
  certain Articles of the protocol, namely Article
  10 on Decision procedure, Article 11 on Procedure
  for LMOs intended for direct use as food, feed or
  for processing and Annexure III.
• Lack of scientific certainty regarding potential
  adverse effects of LMOs will not prevent a Party
  to take a decision with regard to the import of
  LMOs.

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ADVANCED INFORMED AGREEMENT PROCEDURE (ARTICLE 7)

• The AIA procedure applies on the first instance
  that a
• LMO covered under Protocol is intentionally
  brought
• from the jurisdiction of one Party into another.
  The
• elements of the procedure include
•  
• Designation of Competent authority
• Notification and information
• Decision of a Party of import
• Risk assessment 

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PROCEDURE FOR LMO-FFPs

• The Protocols specific AIA procedure does not
  apply to LMO-FFPs.
• Parties making a final decision about the
  domestic use of an LMO must notify the other
  Parties through Biosafety Clearing House.
• Parties to the Protocol may require prior consent
  of LMO-FFPs under their relevant domestic
  regulatory framework.
• Countries which do not have domestic regulatory
  framework will take a decision on the first
  import of LMO-FFPs in accordance with risk
  assessment.

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Decision Procedure (Article 10)

• Under the AIA procedure, prior notification by
  the party of export.
• Decision by the party of import within 270 days.
• To facilitate decision making access to the BCH
  and roster of experts through the Secretariat.
• In case of no response from the party of import,
  the party of export may seek the reasons for lack
  of response and may facilitate necessary
  financial assistance from among others the roster
  of experts for decision making.

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IDENTIFICATION (ARTICLE 18)

• Under Article 18 LMO-FFPs must be accompanied by
  documentation specifying that they may contain
  LMOs and they are not intended for intentional
  introduction into the environment.
• a. LMOS as food, feed processing
• b. LMOs for contained use
• c LMOS for intentional release
• The details of the procedure still remain to be
  worked out and are supposed to be settled within
  two years after the Protocol enters into force.

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LIABILITY AND REDRESS

• A system for liability and redress where the
  transboundary movement of LMOs may cause damage
  or harm to biodiversity and human health is
  provided.
• For this purpose, the Parties to the Protocol at
  its first meeting will adopt a process for
  elaboration of rules and procedures for liability
  and redress, and complete the process within a
  period of four years.

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BIOSAFETY CLEARING HOUSE

• The Protocol established a Biosafety Clearing
  House.
• BCH is to facilitate the exchange of scientific,
  technical, environmental and legal information
  on, and experience with LMOs and to assist
  Parties to implement the Protocol.
• Parties have to provide the BCH the following
• Laws, regulations and guidelines for
  implementation of the Protocol
• Bilateral, regional and multilateral arrangements
  under Article 14
• Decisions on import or release of LMOs
• Summaries of risk assessment or environmental
  reviews of LMOs generated by regulatory processes
  of Parties.

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CAPACITY BUILDING

• Many developing countries do not have adequate
  human resources and infrastructure.
• Article 22 provides for capacity building in
  biosafety for effective implementation of the
  Protocol in developing country Parties.
• It further provides that for this purpose, the
  needs for developing countries for financial
  resources and access to and transfer of
  technology and know-how shall be taken fully into
  account.

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Compliance (Article 34)

• The COP-MOP shall at its first meeting, consider
  and approve cooperative procedures and
  institutional mechanisms to promote compliance
  with the provisions of this Protocol and to
  address cases of non-compliance.
• Compliance Committee comprising of 3 members
  from each region has been set up. Out of the 3
  members, two have been nominated for a period of
  4 years and one for a period of 2 years. The Asia
  Pacific region, will be represented by Malaysia,
  Iran for 4 years and Tonga for 2 years.
• Measures taken for non compliance would be non
  punitive and suggestive nature (taking into
  consideration lack of capacity among developing
  countries).

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RELATIONSHIP WITH OTHER AGREEMENTS

• Three preamble paragraphs
• Recognizing that trade and environment agreements
  should be mutually supportive with a view to
  achieving sustainable development.
• Emphasizing that this Protocol shall not be
  interpreted as implying a change in the rights
  and obligations of a Party under any existing
  international agreements.
• Understanding that the above recital is not
  intended to subordinate this Protocol to other
  international agreements.

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• Third Meeting of the Conference of the Parties
  serving as the Members of the Parties is to be
  held in Curitiba, Brazil during 13-17th March
  2006.
• India is Head of the Like-Minded Megadiverse
  Countries and has been playing a crucial role in
  negotiations during the meeting on the issues
  such as -
• Handling, transport, packaging and identification
  (Article 18).
• Risk assessment and risk management (Articles 15
  and 16).
• Liability and redress (Article 27).
• Subsidiary bodies (Article 30).
• Monitoring and reporting (Article 33).
• Assessment and review (Article 35).

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THANK YOU