Cartagena
Protocol on Biosafety to the Convention on
Biological Diversity
(Montreal, 29 January 2000)
One of the key agreements adopted at the 1992 Earth Summit in Rio de
Janeiro was the Convention on Biological Diversity, which sets out commitments
for maintaining the world's ecological underpinnings in parallel with economic
development. The Cartagena Protocol on Biosafety is a supplementary agreement to
the Convention. The Protocol seeks to protect biological diversity from the
potential risks posed by living modified organisms resulting from modern
biotechnology. It 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 organisms into their
territory. The Protocol contains reference to a precautionary approach and
reaffirms the precautionary language in Principle 15 of the Rio Declaration on
Environment and Development. The Protocol also establishes a Biosafety
Clearing-House to facilitate the exchange of information on living modified
organisms and to assist countries in the implementation of the Protocol.
KEY PROVISIONS
Recognizing that modern
biotechnology has great potential for human well-being if developed and used
with adequate safety measures for the environment and human health, the Parties
undertake to ensure that the development, handling, transport, use, transfer and
release of any living modified organisms is undertaken in a manner that prevents
or reduces the risks to biological diversity, and to human health.
The trans-boundary movements of
living modified organisms are subject to an AIA procedure under which
trans-boundary movement is only allowed after advanced written consent by the
competent national authority of the importing State party. This procedure
involves several distinct requirements, namely: notification by the exporting
party, acknowledgement of notification by the importing party, a decision-making
procedure by the importing party, and the right to review such decisions in the
light of new scientific information. When the trans-boundary movement is
authorized, the Parties are
obligated to take necessary measures to require that living modified organisms
are handled, packaged and transported under conditions of safety.
The Protocol provides for several exceptions to that procedure including
the trans-boundary movements of pharmaceuticals; living modified organisms that
are solely transiting through the territory of a Party or that are destined for
contained use only or living modified organisms intended for direct use as food
or feed, or for processing.
In
any circumstances, lack of scientific certainty due to insufficient relevant
scientific information and knowledge regarding the extent of the potential
adverse effects of a living modified organism shall not prevent the Parties from
taking a decision, as appropriate, with regard to the import of the living
modified organism in question in order to avoid or minimize such potential
adverse effects.
A Biosafety Clearing-House is established for the purpose of facilitating
the exchange of information on, and experience with, living modified organisms
to assist Parties to implement the Protocol, taking into account the special
needs of developing country Parties.
Each Party shall make available to the Biosafety Clearing-House copies of
any national laws, regulations and guidelines applicable to the import of living
modified organisms intended for direct use as food or feed, or for processing,
if available.
Lastly,
the Parties undertake to cooperate in the development and/or strengthening of
human resources and institutional capacities in biosafety, including
biotechnology to the extent that it is required for biosafety, for the purpose
of the effective implementation of this Protocol, in developing country Parties,
and in Parties with economies in transition. Such assistance in capacity
building in biosafety may occur through existing global, regional, sub-regional
and national institutions and organizations and, as appropriate, through
facilitating private sector involvement.
ENTRY INTO FORCE
The Protocol is not yet in
force. It shall enter into force on the ninetieth day after the date of deposit
of the fiftieth instrument of ratification, acceptance, approval or accession by
States or regional economic integration organizations that are Parties to the
Convention.
HOW TO BECOME A PARTY
The Protocol is
closed for signature. It remains open for ratification, acceptance, approval or
accession by States or regional economic integration organizations that are
Parties to the Rio Convention on biodiversity.
OPTIONAL AND/OR MANDATORY DECLARATIONS
None.
RESERVATIONS
No reservations may be made to
the Protocol.
WITHDRAWAL/DENUNCIATION
At any time after two years
from the date on which this Protocol has entered into force for a Party, that
Party may withdraw from the Protocol by giving written notification to the
depositary. Such withdrawal shall take place upon expiry of one year after the
date of its receipt by the depositary, or on such later date as may be specified
in the notification of the withdrawal.
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