Cartagena Protocol on Biosafety And India s Obligations By

Cartagena Protocol on Biosafety And India’s Obligations By Desh Deepak Verma Joint Secretary, Ministry of Environment and Forests

CARTAGENA PROTOCOL Ø The Cartagena Protocol is a protocol of the Convention on Biological Diversity (CBD) ARTICLE 19(3) OF THE CBD Ø The Parties shall consider the need for and modalities of a protocol setting out appropriate procedures, including, in particular, advance informed agreement, in the field of the safe transfer, handling and use of any LMO resulting from biotechnology that may have adverse effect on the conservation and sustainable use of biological diversity.

CARTAGENA PROTOCOL ARTICLE ØThe Protocol was adopted on 29 th January 2000. 130 Parties signed the protocol. ØCurrently 119 countries have ratified ØIndia ratified the protocol on 17 th January, 2003. ØThe Protocol has come into force on 11 th September 2003 ØThe first COP-MOP – 1 held in Kuala Lumpur – February 2004

Objective (Article 1) The objective of the protocol is to contribute for safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity. Ø The Protocol also takes into account risks to human health. Ø The Protocol specifically focuses on transboundary movement of LMOs Ø

Important Elements of Protocol l l Scope Precautionary Principal Advanced informed agreement procedure Decision Procedure Separate procedure for LMO-FFP Identification Liability and redress Biosafety clearing house mechanism Capacity building Compliance Relationship with other agreements

SCOPE The protocol deals with all the transboundary movement, transit, handling and use of all living modified organisms that may have adverse effects on conservation and sustainable use of biological diversity taking into account also risks to human health (Article 4). Ø Some categories of LMOs are excluded. Ø In some cases the exclusions are limited to specific provisions relating to Advance Informed Agreement (AIA) procedure. Ø

PRECAUTIONARY PRINCIPLE Ø Precautionary principle has been incorporated in certain Articles of the protocol, namely Article 10 on Decision procedure, Article 11 on Procedure for LMOs intended for direct use as food, feed or for processing and Annexure III. Ø Lack of scientific certainty regarding potential adverse effects of LMOs will not prevent a Party to take a decision with regard to the import of LMOs.

ADVANCED INFORMED AGREEMENT PROCEDURE (ARTICLE 7) The AIA procedure applies on the first instance that a LMO covered under Protocol is intentionally brought from the jurisdiction of one Party into another. The elements of the procedure include: o Designation of Competent authority o Notification and information o Decision of a Party of import o Risk assessment

PROCEDURE FOR LMO-FFPs The Protocol’s specific AIA procedure does not apply to LMO-FFPs. Ø Parties making a final decision about the domestic use of an LMO must notify the other Parties through Biosafety Clearing House. Ø Parties to the Protocol may require prior consent of LMO-FFPs under their relevant domestic regulatory framework. Ø Countries which do not have domestic regulatory framework will take a decision on the first import of LMO-FFPs in accordance with risk assessment. Ø

Decision Procedure (Article 10) – Under the AIA procedure, prior notification by the party of export. – Decision by the party of import within 270 days. – To facilitate decision making access to the BCH and roster of experts through the Secretariat. – In case of no response from the party of import, the party of export may seek the reasons for lack of response and may facilitate necessary financial assistance from among others the roster of experts for decision making.

IDENTIFICATION (ARTICLE 18) Under Article 18 LMO-FFPs must be accompanied by documentation specifying that they may contain LMOs and they are not intended for intentional introduction into the environment. a. LMOS as food, feed & processing b. LMOs for contained use c LMOS for intentional release Ø The details of the procedure still remain to be worked out and are supposed to be settled within two years after the Protocol enters into force. Ø

LIABILITY AND REDRESS Ø A system for liability and redress where the transboundary movement of LMOs may cause damage or harm to biodiversity and human health is provided. Ø For this purpose, the Parties to the Protocol at its first meeting will adopt a process for elaboration of rules and procedures for liability and redress, and complete the process within a period of four years.

BIOSAFETY CLEARING HOUSE The Protocol established a Biosafety Clearing House. Ø BCH is to facilitate the exchange of scientific, technical, environmental and legal information on, and experience with LMOs and to assist Parties to implement the Protocol. Ø Parties have to provide the BCH the following: Ø Laws, regulations and guidelines for implementation of the Protocol o Bilateral, regional and multilateral arrangements under Article 14 o Decisions on import or release of LMOs o Summaries of risk assessment or environmental reviews of LMOs generated by regulatory processes of Parties. o

CAPACITY BUILDING Many developing countries do not have adequate human resources and infrastructure. Ø Article 22 provides for capacity building in biosafety for effective implementation of the Protocol in developing country Parties. Ø It further provides that for this purpose, the needs for developing countries for financial resources and access to and transfer of technology and know-how shall be taken fully into account. Ø

Compliance (Article 34) – The COP-MOP shall at its first meeting, consider and approve cooperative procedures and institutional mechanisms to promote compliance with the provisions of this Protocol and to address cases of non-compliance. – Compliance Committee comprising of 3 members from each region has been set up. Out of the 3 members, two have been nominated for a period of 4 years and one for a period of 2 years. The Asia Pacific region, will be represented by Malaysia, Iran for 4 years and Tonga for 2 years. – Measures taken for non compliance would be non punitive and suggestive nature (taking into consideration lack of capacity among developing countries).

RELATIONSHIP WITH OTHER AGREEMENTS Three preamble paragraphs: Ø Recognizing that trade and environment agreements should be mutually supportive with a view to achieving sustainable development. Ø Emphasizing that this Protocol shall not be interpreted as implying a change in the rights and obligations of a Party under any existing international agreements. Ø Understanding that the above recital is not intended to subordinate this Protocol to other international agreements.

Third Meeting of the Conference of the Parties serving as the Members of the Parties is to be held in Curitiba, Brazil during 13 -17 th March 2006. India is Head of the Like-Minded Megadiverse Countries and has been playing a crucial role in negotiations during the meeting on the issues such as - Handling, transport, packaging and identification (Article 18). Risk assessment and risk management (Articles 15 and 16). Liability and redress (Article 27). Subsidiary bodies (Article 30). Monitoring and reporting (Article 33). Assessment and review (Article 35).