Cartagena Protocol on Biosafety

Cartagena Protocol on Biosafety. It is an international agreement which aims to ensure the safe handling, transport, and use of living modified organisms resulting from modern biotechnology. Adopted as a supplementary treaty to the Convention on Biological Diversity, the protocol establishes an advance informed agreement procedure for imports of LMOs intended for introduction into the environment. Its core principle, the precautionary principle, allows nations to make decisions on LMO imports even in the face of scientific uncertainty regarding potential adverse effects.

Background and history

The negotiation of the protocol was driven by growing international concern over the potential ecological and health impacts of genetically modified organisms in the late 1990s. These discussions occurred under the auspices of the Convention on Biological Diversity, which had been opened for signature at the 1992 Earth Summit in Rio de Janeiro. The initial meeting of the Conference of the Parties to the Convention on Biological Diversity established an Open-ended Ad Hoc Working Group on Biosafety. Key negotiations, which faced significant divisions between exporting nations like the United States and importing countries, notably the Like-minded Group of Megadiverse Countries, took place in Cartagena, Colombia in 1999. After failing to reach consensus there, a final agreement was successfully concluded in Montreal in January 2000, named in honor of the original host city. The protocol entered into force on 11 September 2003 following ratification by the required 50 parties, which included the European Union and many developing countries.

Main provisions and scope

The protocol's central regulatory mechanism is the Advance Informed Agreement procedure, which requires exporters to seek consent from an importing country before the first shipment of LMOs for intentional release. It establishes distinct requirements for different categories of LMOs, including those for direct use as food, feed, or for processing. A key component is the Biosafety Clearing-House, a central online repository for information on national regulatory decisions, risk assessments, and scientific reviews. The agreement mandates detailed documentation and identification requirements for shipments, often summarized by the phrase "may contain" LMOs. It explicitly incorporates the precautionary principle as articulated in Principle 15 of the Rio Declaration, empowering countries to take precautionary measures regarding imports. The protocol's scope specifically excludes products derived from LMOs, such as processed food, and LMOs developed through certain techniques like conjugation.

Implementation and compliance

Implementation is overseen by the Conference of the Parties serving as the meeting of the Parties to the Protocol, which meets concurrently with the Conference of the Parties to the Convention on Biological Diversity. A key implementation body is the Compliance Committee under the Cartagena Protocol, which reviews cases of non-compliance and can recommend measures to assist parties. The Global Environment Facility provides financial resources to help developing countries and countries with economies in transition build national biosafety frameworks. These frameworks typically involve establishing domestic legislation, designating National Focal Points, and building capacity for risk assessment. Major meetings to review implementation have included the COP-MOP 5 held in Nagoya, Japan in 2010 and COP-MOP 9 in Sharm El-Sheikh, Egypt.

Relationship with other agreements

The protocol is formally a supplementary agreement to the Convention on Biological Diversity, and its provisions must not contradict the objectives of that parent convention. Its relationship with international trade rules, particularly those of the World Trade Organization under agreements like the Agreement on the Application of Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers to Trade, has been a subject of ongoing legal and political discussion. The protocol is also connected to other international bodies and agreements, including the Food and Agriculture Organization, the World Health Organization, the International Plant Protection Convention, and the Codex Alimentarius Commission. The Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress, adopted in 2010, builds upon the Cartagena Protocol on Biosafety by establishing international rules on liability for damage resulting from LMOs.

Impact and controversies

The protocol has significantly influenced the development of national biosafety legislation worldwide, particularly across Africa, Asia, and Latin America. It has been credited with empowering developing nations to make informed decisions on LMO imports. Major controversies have centered on the stringent implementation of the protocol by the European Union, which has been challenged at the World Trade Organization by the United States, Canada, and Argentina. Critics, often from major LMO-exporting countries, argue that the protocol's provisions can create unnecessary barriers to trade and hinder the transfer of biotechnology. Proponents counter that it provides a vital framework for environmental protection and addresses legitimate socio-economic concerns. The protocol's handling of new genome editing technologies, such as CRISPR, continues to be a challenging and evolving issue for the Conference of the Parties serving as the meeting of the Parties to the Protocol.

Category:2000 in the environment Category:Biosafety Category:Environmental treaties Category:Genetically modified organisms Category:United Nations treaties