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 Protocols 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 Kongs 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 Peoples
  Governments 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