rights and obligations of the parties under the cartagena ... · cartagena protocol on biosafety...

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Cartagena Protocol on Biosafety

Rights and obligations of the Parties under the Cartagena Protocol

What do the Protocol provisions entail in practical terms ?


Institutional requirements at entry into force

Right and obligations related to the decision making including riskassessment and risk management

Identification requirements

Confidential information

Public participation and awareness

Non-Parties

Capacity building


Obligations at the date of entry into force for each Party

- Designate National Focal Points and Competent National Authorities

- Make available to the BCH the contact point for notifications on unintentional transboundary movements and emergency measures


General Rights of a Party in Taking a Decision on the Import of LMOs

• To be notified prior to the first import of LMOs to be introduced in its environment and to make a decision

• To be informed of a final decision taken by another Party regarding domestic use of an LMO-FFP that may be subject to transboundarymovement

• No implied consent


Options for a Party in Decision-MakingA Party may:• Take a decision under its domestic law consistent with

the objective of the Protocol • Request additional information from the authority

making a decision on domestic use of LMOs-FFP• Take a decision based on the precautionary approach • Take into account socio-economic considerations arising

from the impact of LMOs on the conservation and sustainable use of biological diversity

• Require that the costs of risk assessment be borne by the notifier


Implementing the AIA procedure

• Establish or maintain a procedure for the notification of exports by Party of export or exporter, including information requirements and mechanism to ensure accuracy of information

• Establish or maintain a procedure for taking decisions on imports of LMOs destined for introduction into the environment

• Ensure that domestic framework is consistent with objective of the Protocol

• Specify if a simplified procedure applies or a domestic regulatory framework consistent with the Protocol

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Decisions regarding LMOs-FFPTake a decision under domestic regulatory framework consistent with theobjective of the Protocol

ORIn the case of a developing country Party or a Party with an economy in transition that does not have a domestic regulatory framework in place declare that a decision will be made using the procedures in theProtocol prior to the first import of a LMO-FFP

ANDWithin 15 days inform other Parties through the BCH of any finaldecision regarding domestic use, including placing on the market, of a LMO-FFP that may be subject to transboundary movement


Risk assessments for decision making

• Ensure that risk assessments are undertaken for decisions

• Ensure that risk assessments are carried out in a scientifically sound manner taking into account recognized risk assessment techniques

• A Party may subject all LMOs to risk assessment prior to decisions on import


Risk management measures

Ensure that appropriate mechanismsmeasures and strategies are established to

regulate, manage and control LMO associatedrisks as identified in the risk assessment


Identification in documentation accompanying LMOs

• Documentation requirements are applicable for a Party from the coming into force for it of the Protocol

• Party must take measures to require the relevant persons to clearly identify in documentation accompanying LMOs for :

- LMOs-FFP: “may contain” LMOs and not intended for introduction into the environment + contact point

- Contained use: identify as LMOs + safety requirements + contact point - Release into the environment: identify as LMOs + specify the identity

and relevant trait + safety requirements + contact point


Confidential information

Establish or maintain procedures to protect information submitted under the Protocol that is to be treated as confidential

Some information can never be treated as confidential


Transboundary movement to non-Party

• Transboundary movements of LMOs between Parties and non-Parties are not prohibited

• Has to be consistent with the objective of the Protocol and must not result in a lower level of protection

• Parties are required to encourage non-Parties to adhere to the Protocol and to contribute information to the Biosafety Clearing-House

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A Party may:• Take action that is more protective of

biodiversity than the Protocol requires • Regulate the transport of LMOs through its

territory • Set standards for contained use of LMOs

within its jurisdiction

Other rights of Parties


Other obligations of Parties

• Put in place necessary infrastructure and personnel at domestic level to be able to collect, classify, make available, use, access and disseminate relevant and required information to the BCH

• Ensure that information flow to and from the BCH is done in a timely manner


Assessing capacity building needs

The most pressing capacity needs in general:• Capacity to use and provide all required

information to the BCH• Capacity to make informed decisions based on

risk assessment and other factors


Action points in relation to capacity building

• Asses and inform the BCH of national capacitybuilding needs and priorities

• Coordinate/synergize capacity building activities at the national level

• Collaborate with other Parties and relevant organizations, including the private sector


COP-MOP1• Ratify before November 25, 2003 to become a

Party in time for COP-MOP1

• Undertake the necessary preparations toparticipate and take decisions at COP-MOP1


Some items on the agendaCOP-MOP1 will deal with i.a:

• Information sharing and the BCH• Capacity building • Handling, transport, packaging and identification • Liability and redress• Compliance

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Recommendations- Understand obligations as Parties

- Pursue ratification so as to contribute to decisions of the COP-MOP1

-Translate into specific and comprehensive domestic framework

-Make known the domestic regulatory framework on import ofLMOs-FFP or intent to make a decision at every first shipmentaccording to the Protocol procedures to secure predictability andtransparency

-Inform the BCH of capacity-building needs at a national level


Further Information• CBD Secretariat (Biosafety Programme)

Montréal, Canada• Email: [email protected]

Tel: + 1 514 288-2220Fax: + 1 514 288-6588

• CBD Website – www.biodiv.org• BCH http://bch.biodiv.org• National Focal Points and Competent

National Authorities


CBD Article 13The Contracting Parties shall:

(a) Promote and encourage understanding of the importance of, and the measures required for, the conservation of biological diversity, as well as its propagation through media, and the inclusion of these topics in educationalprogrammes; and

(b) Cooperate, as appropriate, with other States and international organizations in developing educational and public awareness programmes, with respect to conservation and sustainable use of biological diversity.


CBD Article 14(1)a

Encourages public participation in:

Environmental impact assessment of proposed projects thatare likely to have adverse effects on biological diversity


Cartagena Protocol Art. 23 Public awareness and participation

The Parties shall take measures to ensure that all relevant bodies: • promote and facilitate public awareness, education and participation

• consult the public in decision making process

• make result of the decisions available

• inform about the means of public access to the BCH

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