The Cartagena Protocol on Biosafety in Brief
Following five years of negotiation under the Convention on Biological Diversity, the Cartagena Protocol was adopted on 29 January 2000. The Protocol applies to the safe transboundary movement, handling and use of all living organisms, and as such is the first enforceable international agreement of its kind.
Living modified organisms (LMO’s) are derived from the products of modern biotechnology and are anticipated to present a number of benefits such as increased crop yields and soil conservation. However, as with any technology, the application of the products of modern biotechnology may also present a number of risks. Biosafety is concerned with the need to protect the environment and human health from the possible adverse effects of the products of modern biotechnology (see Article 4).
The Cartagena Protocol on Biosafety includes Biosafety includes procedures for LMO’s that are to be intentionally introduced into the environment and for LMO’s that are intended to be used directly as food or feed or for processing. LMO’s that are pharmaceuticals for humans are excluded from the scope of the Protocol if they are covered by other international agreements or arrangements.(see Article 5).
The Protocol entered into force on September 11 2003, some 90 days following its ratification by Palau which brought the number of instruments of ratification, accession, approval or acceptance to the required 50 (see Article 37). When a country deposits an instrument of ratification, the Protocol enters into force for that country ninety days later, provided the Protocol itself has already entered into force at that time; the country is then bound by the provisions of the Protocol and must comply with its obligations. After September 11 2003 Parties to the Protocol will be expected to:
v Ensure that LMO’s are handled, packaged and transported under conditions of safety.
v Give prior notification and thorough information to importing countries, a procedure known as ‘Advanced Informed Agreement’, when shipping LMO’s for intentional release into the environment. This is expected to assist importing countries in reaching rational, informed decisions.
v Observe specific requirements regarding the identification of bulk LMO commodities intended for food, feed or processing.
v Share information on scientific, technical, environmental and legal aspects and experiences with LMO’s such as national biosafety laws, summaries of risk assessment and importing countries’ final decisions and supporting reasons. All decisions are to be based on scientifically sound risk assessments (see Article 15).
The Biosafety Clearing-House (BCH) which is primarily an internet-based mechanism will facilitate this information exchange.
These procedures and requirements attempt to provide importing Parties with adequate information for making decisions on accepting or rejecting LMO imports and for the safe handling of such imports.
The Protocol sets out principles and methodology on risk assessment (see Annex III). Whenever there may be insufficient, relevant scientific information, the importing Party may use precaution in making their decisions on import. Parties may also take into account socio-economic considerations, consistent with their international obligations, in reaching decisions on importing LMO’s (see Article16).
Only those countries that have ratified the Protocol will participate as full partners in decision-making in the first meeting f the Parties. To this end developing countries such as Jamaica have been urged to deposit instruments of ratification.
The Cartagena Protocol on Biosafety in Brief
Following five years of negotiation under the Convention on Biological Diversity, the Cartagena Protocol was adopted on 29 January 2000. The Protocol applies to the safe transboundary movement, handling and use of all living organisms, and as such is the first enforceable international agreement of its kind.
Living modified organisms (LMO’s) are derived from the products of modern biotechnology and are anticipated to present a number of benefits such as increased crop yields and soil conservation. However, as with any technology, the application of the products of modern biotechnology may also present a number of risks. Biosafety is concerned with the need to protect the environment and human health from the possible adverse effects of the products of modern biotechnology (see Article 4).
The Cartagena Protocol on Biosafety includes Biosafety includes procedures for LMO’s that are to be intentionally introduced into the environment and for LMO’s that are intended to be used directly as food or feed or for processing. LMO’s that are pharmaceuticals for humans are excluded from the scope of the Protocol if they are covered by other international agreements or arrangements.(see Article 5).
The Protocol entered into force on September 11 2003, some 90 days following its ratification by Palau which brought the number of instruments of ratification, accession, approval or acceptance to the required 50 (see Article 37). When a country deposits an instrument of ratification, the Protocol enters into force for that country ninety days later, provided the Protocol itself has already entered into force at that time; the country is then bound by the provisions of the Protocol and must comply with its obligations. After September 11 2003 Parties to the Protocol will be expected to:
v Ensure that LMO’s are handled, packaged and transported under conditions of safety.
v Give prior notification and thorough information to importing countries, a procedure known as ‘Advanced Informed Agreement’, when shipping LMO’s for intentional release into the environment. This is expected to assist importing countries in reaching rational, informed decisions.
v Observe specific requirements regarding the identification of bulk LMO commodities intended for food, feed or processing.
v Share information on scientific, technical, environmental and legal aspects and experiences with LMO’s such as national biosafety laws, summaries of risk assessment and importing countries’ final decisions and supporting reasons. All decisions are to be based on scientifically sound risk assessments (see Article 15).
The Biosafety Clearing-House (BCH) which is primarily an internet-based mechanism will facilitate this information exchange.
These procedures and requirements attempt to provide importing Parties with adequate information for making decisions on accepting or rejecting LMO imports and for the safe handling of such imports.
The Protocol sets out principles and methodology on risk assessment (see Annex III). Whenever there may be insufficient, relevant scientific information, the importing Party may use precaution in making their decisions on import. Parties may also take into account socio-economic considerations, consistent with their international obligations, in reaching decisions on importing LMO’s (see Article16).
Only those countries that have ratified the Protocol will participate as full partners in decision-making in the first meeting f the Parties. To this end developing countries such as Jamaica have been urged to deposit instruments of ratification.