BACKGROUND HISTORY o Protocol to the Convention on Biological Diversity (CBD) CBD opened for signature in 1992 and entered into force on 29 Dec 1993 • As far as possible and as appropriate, establish or maintain means to regulate, manage or control the risks of biotechnology" • Shall consider the need for a protocol setting out appropriate procedures in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology ..." o Cartagena Bio Safety Protocol (CBSP) negotiated from 1996-2000; entered into force in Sept. 2003; over 100 Party Members; an international treaty. ---------------------- BIO SAFETY AND THE CARTAGENA PROTOCOL: OBJECTIVE & SCOPE Biosafety: The need to protect human health and environment from the possible adverse effects of the products of modern biotechnology o Protocol Objective: Adequate protection in the safe transfer, handling and use of living modified organisms (LMOs) resulting from modern biotechnology that may have adverse effects on the environment & human health Scope: Transboundary movement, transit, handling and use of LMOs that can affect sustainable use of biological diversity. Phramceuticalsa are excluded. Adopts a Precautionary approach. KEY ELEMENTS OF THE PROTOCOL . Objective and scope Advance informed agreement o LMO-FFPs o Risk assessment and management Identification of LMOs (labeling) o Information sharing; Biosafety Clearing House Capacity building Socio-economic considerations o Liability and redress Compliance MAIN PILLARS OF THE PROTOCOL AIA PROCEDURE RISK ASSESSMENT RISK MANAGEMENT BIOSAFETY CLEARING HOUSE SAFE HANDLING, TRANSPORT AND ID ADVANCED INFORMED AGREEMENT - Differentiated procedures for LMOs for intentional introduction into the environment and LMOs for direct use as food, feed or for processing (LMO-FFPs) o AIA=Prior Informed Consent (PIC) • For first movement of LMOs for intentional introduction into environment • Exporter must provide detailed information in advance of first shipment • Importer may then authorize/refuse shipment, depending on RA AIA Procedure : • Notification • Acknowledgement by importer (90 days) • Decision procedure and review of decisions ADVANCED INFORMED AGREEMENT Notification • Party of export must notify Party of import prior to 1st international transboundary movement of an LMO for introduction into the environment of the Party of import • Exporter must provide, as a minimum, information in Annex 1 • Each Party of export must legally require its exporters to ensure that information in the notification is accurate o Acknowledgement • Party of import must acknowledge receipt within 90 days & state 1. whether the notification contains the minimum information required in Article 8) and 2. whether the importation should proceed according to national law or to the decision procedure in Article 10 DECISION PROCEDURE o Importer asks exporter to do a risk assessment • The onus is on the Party of export to establish the harmless nature of the LMO in question o Importer submits risk assessment o Importer communicates decision to exporter in 270 days • To exporter: i) approval with or without conditions ii) prohibition/refusal iii) request for additional information or iv) extension of decisionmaking period beyond the 270 days o Importer may review/change its decision in light of new information Exporter may also request a review RISK ASSESSMENT & RISK MANAGEMENT Risk Assessment • Identification of potential environmental adverse effects or hazards, and determining, when a hazard is identified, the probability of it occurring . In accordance with principles, methodologies & details in Annex III . Identify/evaluate potential adverse effects-scientifically, case by case . Minimum information, Annex 1: Ensured by importer, cost by exporter Lack of knowledge, not lack of risk o Risk Management • Methods applied to minimize potential hazards or adverse effects identified by the assessment . Measures to manage and control risks o Prevent unintentional LMO movement . Ensure that LMOs are observed for an appropriate period before use HANDLING, TRANSPORT, PACKAGING & IDENTIFICATION Shipments of different categories of LMOs will be accompanied by documentation with varying details: • LMO-FFPs: will identify them as 'may contain' LMOs, not intended for introduction into the environment and contact details of consignee (details to be defined by COP-MOP) • Contained use. clearly identifies them as LMOS, specifies conditions for safe handling, storage/use and contact details of consignee For introduction into environment: clearly identifies them as LMOS, specifies the identity and relevant traits and/or characteristics, along with any requirements for their safe handling, storage, transport and use, contact information and declaration that the movement conforms to the requirements of the Protocol CONVENTION ON BIOLOGICAL Diversity 1992 DO CAI 196 Parties Objectives: - Conservation and sustainable use of biodiversity - Fair and Equitable sharing of benefits arising from the useof genetic resources CARTAGENA PROTOCOL ON BIOSAFETY • 2000 • 171 Parties Objective: - Safe use of living modified organisms (focus on importand export) Highlight: mandatory environmental risk assessments