Cartagena Protocol on biosafety

The Conference of the Convention on Biological Diversity (CBD) by more than 130 countries on January 29, 2000, in Montreal, Canada adopted a supplementary agreement to the Convention known as the Cartagena Protocol on Biosafety (CPB). The CPB has 103 countries’ signature including Nepal, which signed on 2/3/2001. Two elements, transparency and co-operation in the field of biotechnology are the main objectives set forth. The Protocol seeks to protect biological diversity from the potential risks posed by living modified organisms or products resulting from modern biotechnology. It acknowledges each country’s right to regulate bio-engineered organisms, plant, seeds and products, subject to existing international obligations. It assists developing countries in building their capacity for managing modern biotechnology. The Protocol provides countries the opportunity to obtain information before new biotech organisms are imported. It also creates a framework to help improve the capacity of developing countries to protect biodiversity.

Upon entry into force, this first Protocol to the CBD will provide a framework for addressing environmental impacts of bioengineered products (referred to as living modified organisms or "LMOs") that cross international borders. The Protocol provides countries the opportunity to obtain information before new biotech LMOs are imported. According to Article 10 of the CPB, it provides access to an index of the existing risk assessment documents related to official governmental decisions for the release of LMOs, in accordance with the UNEP (United Nations Environmental Programme) International Technical Guidelines for Safety in Biotechnology for sharing information on environmental release of LMOs. The Article 15 aims for countries to develop a Risk Assessment Searching Mechanism for carrying out risk/assessment activities in a scientifically sound manner as a tool for the decision-making process.

The CPB establishes an advance informed agreement (AIA) procedure for ensuring that countries are provided with the information necessary to make informed decisions before agreeing to the import of such LMOs into their territory. The Protocol also establishes a Biosafety Clearing-House (BCH) to facilitate the exchange of information on living modified organisms and to assist countries in the implementation of the Protocol. The CPB will help protect the environment without unnecessarily disrupting world food trade.

Fact sheet: The BCH is expected to facilitate the exchange of scientific, technical, environmental, regulatory procedures, and legal information on, and experience with LMOs. It assist Parties to implement the Protocol, taking into account the special needs of developing countries, in particular the least developed countries, and countries with economies in transition as well as countries that are centres of origin and centres of genetic diversity. The Protocol states that Parties shall cooperate in the development and/or strengthening of human resources and institutional capacities in biosafety for the purpose of the effective implementation of this Protocol.

For the purposes of implementing, the needs of developing countries, in particular the least developed countries, for financial resources and access to and transfer of technology and know-how in accordance with the relevant provisions of the Convention, shall be taken fully into account for capacity-building in biosafety. Cooperation in capacity-building shall, subject to the different situation, capabilities and requirements of each Party, include scientific and technical training in the proper and safe management of biotechnology, and in the use of risk assessment and risk management for biosafety, and the enhancement of technological and institutional capacities in biosafety. The needs of Parties with economies in transition shall also be taken fully into account for such capacity-building in biosafety.

In view of the above, Working Party members might consider what role can be played by Earthwatch partners to assist countries to adhere to the requirements of the CPB, including determining what relevant information systems there are on LMOs and their relatives, and which issues could be considered inter-agency issues concerning information for decision-making on the topic.

What it Does: The Protocol establishes an internet-based and institutional-based BCH to help countries exchange scientific, technical, environmental and legal information about LMOs. It creates an AIA procedure that in effect requires exporters to seek consent from importers before the first shipment of LMOs meant to be introduced into the environment (such as seeds for planting, fish for release, and microorganisms for bioremediation). It requires bulk shipments of LMO commodities, that are intended to be used as food, feed or for processing, to be accompanied by documentation stating that such shipments "may contain" living modified organisms and are "not intended for intentional introduction into the environment." The CPB establishes a process for considering precise identification of LMO commodities in international trade. The Protocol includes a "savings clause" that makes clear the Parties’ intent that the agreement does not alter the rights and obligations of governments under the WTO or other existing international agreements.

AIA Procedure: The Protocol’s AIA procedure, in effect, requires an exporter to seek consent from an importing country prior to the first shipment of a LMO intended for intentional introduction into the environment (e.g., seeds for planting, fish for release and microorganisms for bioremediation). The LMO commodities and LMOs destined for contained use are addressed under documentation. Importers are to make final decisions on the import of LMOs intended for introduction into the environment based on a scientific risk assessment. The agreement requires governments to provide the BCH with information concerning any final decisions on the domestic use of an LMO commodity and LMOs.

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