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Cartagena Protocol
Highlights
It will for example let countries ban imports of a genetically modified organisms if they feel there is not enough scientific evidence that the product is safe and requires exporters to label shipments containing genetically altered commodities such as corn or cotton.
The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international agreement on biosafety, as a supplement to the Convention on Biological Diversity.
The Biosafety Protocol seeks to protect biological diversity from the potential risks posed by genetically modified organisms resulting from modern biotechnology.
The Biosafety Protocol makes clear that products from new technologies must be based on the precautionary principle and allow developing nations to balance public health against economic benefits.
It will for example let countries ban imports of a genetically modified organisms if they feel there is not enough scientific evidence that the product is safe and requires exporters to label shipments containing genetically altered commodities such as corn or cotton.
The required number of 50 instruments of ratification/accession /approval/acceptance by countries was reached in May 2003. In accordance with the provisions of its Article 37, the Protocol entered into force on 11 September 2003.
As of March 2015, the Protocol has 170 parties, which includes 167 United Nations member states, Niue, the State of Palestine, and the European Union Background:
The Convention on Biological Diversity was finalised in Nairobi in May 1992 and opened for signature at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on 5 June1992.
It entered into force on 29 December 1993. Today, the Convention is the main international instrument for addressing biodiversity issues.
It provides a comprehensive and holistic approach to the conservation of biological diversity, the sustainable use of natural resources and the fair and equitable sharing of benefits deriving from the use of genetic resources.
Why Cartagena protocol
Biosafety is one of the issues addressed by the Convention. This concept refers to the need to protect human health and the environment from the possible adverse effects of the products of modern biotechnology.
At the same time, modern biotechnology is recognised as having a great potential for the promotion of human well-being, particularly in meeting critical needs for food, agriculture and health care.
The Convention clearly recognises these twin aspects of modern biotechnology. On the one hand, it provides for the access to and transfer of technologies, including biotechnology, that are relevant to the conservation and sustainable use of biological diversity.
On the other hand, it seeks to ensure the development of appropriate procedures to enhance the safety of biotechnology in the context of the Convention’s overall goal of reducing all potential threats to biological diversity, taking also into account the risks to human health.
The convention sets the stage for the development of an international legally binding instrument to address the issue of biosafety.
At its second meeting, held in November 1995, the Conference of the Parties to the Convention established an Open-ended Ad Hoc Working Group on Biosafety to develop a draft protocol on biosafety,
focusing specifically on transboundary movement of any living modified organism resulting from modern biotechnology that may have adverse effect on the conservation and sustainable use of biological diversity.
After several years of negotiations, the Protocol, known as the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, was finalised and adopted in Montreal on 29 January 2000 at an extraordinary meeting of the Conference of the Parties.
The conclusion of the Biosafety Protocol has been hailed as a significant step forward in that it provides an international regulatory framework to reconcile the respective needs of trade and environmental protection with respect to a rapidly growing global industry, the biotechnology industry.
The Protocol thus creates an enabling environment for the environmentally sound application of biotechnology, making it possible to derive maximum benefit from the potential that biotechnology has to offer, while minimising the possible risks to the environment and to human health.
Living Modified Organisms:
The protocol defines a 'living modified organism' as any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology, and 'living organism' means any biological entity capable of transferring or replicating genetic material, including sterile organisms, viruses and viroids.
'Modern biotechnology' is defined in the Protocol to mean the application of in vitro nucleic acid techniques, or fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombination barriers and are not techniques used in traditional breeding and selection.
'Living modified organism (LMO) Products' are defined as processed material that are of living modified organism origin, containing detectable novel combinations of replicable genetic material obtained through the use of modern biotechnology (for instance, flour from GM maize).
'Living modified organism intended for direct use as food or feed, or for processing (LMO-FFP)' are agricultural commodities from GM crops.Overall the term 'living modified organisms' is equivalent to genetically modified organism – the Protocol did not make any distinction between these terms and did not use the term 'genetically modified organism.
Features:
The Protocol promotes biosafety by establishing rules and procedures for the safe transfer, handling, and use of LMOs, with specific focus on transboundary movements of LMOs.
It features a set of procedures including one for LMOs that are to be intentionally introduced into the environment called the advance informed agreement procedure, and one for LMOs that are intended to be used directly as food or feed or for processing. Parties to the Protocol must ensure that LMOs are handled, packaged and transportedunder conditions of safety.
Furthermore, the shipment of LMOs subject to transboundary movement must be accompanied by appropriate documentation specifying, among other things, identity of LMOs and contact point for further information.
These procedures and requirements are designed to provide importing Parties with the necessary information needed for making informed decisions about whether or not to accept LMO imports and for handling them in a safe manner.
The Party of import makes its decisions in accordance with scientifically sound risk assessments. The Protocol sets out principles and methodologies on how to conduct a risk assessment.
In case of insufficient relevant scientific information and knowledge, the Party of import may use precaution in making their decisions on import. Parties may also take into account, consistent with their international obligations, socio-economic considerations in reaching decisions on import of LMOs.
Parties must also adopt measures for managing any risks identified by the risk assessment, and they must take necessary steps in the event of accidental release of LMOs.
To facilitate its implementation, the Protocol establishes a Biosafety Clearing-House for Parties to exchange information, and contains a number of important provisions, including capacity-building, a financial mechanism, compliance procedures, and requirements for public awareness and participation.
How to move LMO’s across borders:
Advance Informed Agreement The "Advance Informed Agreement" (AIA) procedure applies to the first intentional transboundary movement of LMOs for intentional introduction into the environment of the Party of import.
It includes four components: Notification by the Party of export or the exporter, acknowledgment of receipt of notification by the Party of import, the decision procedure, and opportunity for review of decisions.
The purpose of this procedure is to ensure that importing countries have both the opportunity and the capacity to assess risks that may be associated with the LMO before agreeing to its import.
The Party of import must indicate the reasons on which its decisions are based (unless consent is unconditional). A Party of import may, at any time, in light of new scientific information, review and change a decision. A Party of export or a notifier may also request the Party of import to review its decisions.
However, the Protocol's AIA procedure does not apply to certain categories of LMOs:
LMOs in transit;
LMOs destined for contained use;
LMOs intended for direct use as food or feed or for processing
While the Protocol's AIA procedure does not apply to certain categories of LMOs, Parties have the right to regulate the importation on the basis of domestic legislation. There are also allowances in the Protocol to declare certain LMOs exempt from application of the AIA procedure.
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