The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and. An Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Law Paper No. pages x G. M. La Vina and Ruth Mackenzie. An Explanatory Guide to the Cartagena Protocol on Biosafety: IUCN Environmental Law Paper No. 46 (Environmental Policy & Law Papers) [G. M. La Vina, Ruth.
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These categories of LMOs pose minimal environmental risk as they are not to be introduced to the environment. Id Article 36 5. The information to be provided to the BCH include, existing national legislation, regulations and guidelines for implementing the Cartagena Protocol, as tthe as information required by Parties for the advance informed agreement procedure, bilateral, multilateral and regional agreements and arrangements, summaries of risk assessments or environmental reviews of LMOs generated by regulatory processes and relevant information regarding products thereof.
Rio Declaration on Environment and Development, available here Some provisions of the protocol do apply, such as the handling and labeling provisions in Article LMOs in transit or those destined for contained use are exempt from the application of the Advanced Informed Agreement Procedure under the Protocol. Unlike a dispute settlement procedure, a compliance mechanism is basically a multilateral and non-confrontational instrument.
In addition, the Secretariat may bring to the attention of the Committee cases of possible non-compliance it becomes aware of, in the event that it has not received a satisfactory explanation from the Party concerned. This means that where the affected or potentially affected State buosafety not a Party to the Cartagena Protocol, it must be notified in line with principles of international customary laws.
The Biosafety Clearing-House BCH was established under Article 20 of the Cartagena Protocol to meet the objectives of the CBD by facilitating the cartaena of scientific, technical, environmental and legal information on experiences with living modified organisms.
A small standing committee composed of experts in the relevant subject area, to be nominated and elected by the Parties in accordance with the criteria for composition defined by the parties to the agreement e. Id, Article 5 The Party or Parties concerned are entitled to participate in the deliberations of the Committee. It submits a report to the Meeting of the Parties, outlining the recommendations explaatory.
A Party dealing with a non-Party has the burden to ensure that any bilateral, regional and multilateral agreements and arrangements on transboundary movements of living modified organisms are consistent with the objectives of the Protocol.
Article 7 3 further exempts the transboundary movement of living modified organisms intended for direct protocoll as food or feed or processing from the AIA procedure. It also expressly states that future compliance provisions should be separate from the dispute settlement procedure established under Article 27 of the CBD see Box 51which also applies to the Protocol see commentary on Article In some instances, the Parties concerned have to report back on measures taken in accordance with the recommendations.
The BCH is to assist Parties to implement the Cartagena Protocol in particular, the BCH is to take into account the special needs of developing country Parties especially the least developed and small island developing states, as well as countries that are centres of ah and centres of diversity. Ratifications available at www. Id Article 11 A Party of Import may opt to use a simple notification procedure in the case of intentional transboundary movement of living modified organisms provided that the Party ensures that adequate measures are applied in accordance with the objectives of the Protocol; Art.
An explanatory guide to the Cartagena protocol on biosafety
The Working Group was to focus specifically on transboundary movement of any living modified organism resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological ah. At the time of writing, the compliance mechanism was not yet in effect. Article 12 of the Protocol allows a Party to review its decision at any time in light of new scientific information on potential adverse effects on the conservation and sustainable use of biological diversity regarding an intentional transboundary movement.
This means that a Party that uses the mechanism under Article The body considers the matter and issues a recommendation for resolving the problem. Background to the Cartagena Protocol on Biosafety General Information Footnotes General Information Biiosafety Efforts to create international Biosafety rules began in the s, when modern biotechnology was still at its infancy but showing signs of progressing towards the commercialization of genetically modified organisms and products.
Article 38 Vienna Convention of the Law of Treaties This is a common way of approaching the issue of compliance in recent multilateral environmental agreements.
It is worth noting that while most multilateral prtocol agreements, like the CBD, provide procedures for biosafetyy settlement, these tend to be optional and have not, in practice, been used.
explanatory guide to the Cartagena Protocol on Biosafety 
This means that a Party should develop regulations for LMOs destined for contained use. Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans The CBD entered into force on 29 December and has 3 main objectives:.
The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms. Generally, each category of LMO has different documentation requirements under the Protocol as follows: The contact point for further information together with the name and address of the importer and exporter should also be included.
The Party or Parties concerned may not participate in the adoption of the recommendations or in the formulation of the report.
An explanatory guide to the Cartagena protocol on biosafety | IUCN
In principle, such a mechanism ibosafety identify instances where Parties have not complied with their obligations. The Party or Parties concerned must subsequently inform the Meeting of the Parties of any measures adopted to improve the situation, in accordance with the recommendations.
In order to prepare for this, discussions on the nature and functioning of the compliance mechanisms were undertaken by the ICCP. The AIA procedure requires that before the first intentional transboundary movement of living modified organisms for the intentional introduction into the environment, the Party of Import must be notified of the proposed transboundary movement The Cartagena Protocol on Biosafety is the first multilateral international treaty dealing with the transboundary movement of living modified organisms commonly referred to as genetically modified organisms.
Access to the body is generally restricted to Parties to the treaty concerned.
An Explanatory Guide to the Cartagena Protocol on Biosafety
The right of any Party to subject any living modified organism intended for human pharmaceutical to risk assessment is left at the discretion of each Party as the exemption in Article 5 is without prejudice to cartageena right of a Party to subject all living modified organisms to risk assessment prior to making of decisions on import The intention to use such a procedure should be declared through the BCH.
Thus each Party should ensure that it has adequate standards and regulations to ensure the safe handling of LMOs destined for contained use and for LMOs in transit as the Protocol has left the regulation of these to the discretion of the Parties. The negotiations resulted in the adoption of the Cartagena Protocol on January 29, and in accordance with its Article 36 4the Protocol was opened for signature.
The Party of Import still retains the right to subject the LMOs destined for contained use to risk assessment and to set the standards and requisite regulations. The Principle provides that: National reports submitted in accordance with Article 33and the self-monitoring to be carried out by each Party in accordance with that provision, are likely to provide an important basis for the biosadety of a future compliance mechanism.
Under the Vienna Convention of the Law of Treaties, a Protocol cannot create rights and obligations for non-parties without their consent When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 cartageha paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory:.
This clearly means that what is to be regulated is the movement of living modified organisms between two Parties. Article 3 k Cartagena Protocol on Biosafety In general, a Party can refer to the body problems it is facing in trying to comply with its own obligations; Parties may also be able to refer matters pertaining to another Party’s compliance; and the Secretariat may refer to the body problems identified in reviewing the reports submitted explaanatory Parties.