Edited by Stephen Tully
Chapter 62: CBD: Cartagena Protocol on Biosafety to the Convention on Biological Diversity, 2000
Commentary: Furthering Article 19(3) of the CBD, the Protocol (39 ILM 1027 (2000), entry into force 2003) was formulated over three years by an Open-ended Ad Hoc Working Group on Biosafety established under COP Decision II/5 (1995). The Protocol was finally adopted through COP Decision EM-I/3 (2000) and seeks to protect biodiversity from the risks posed by living modified organisms (LMOs) resulting from modern biotechnology. It contemplates an advance informed agreement (AIA) procedure so that importing governments make informed decisions. The AIA procedure does not apply to LMOs in transit or destined for contained use in accordance with the standards of the importing Party (Article 6). The procedure applies to the first intentional transboundary movement of LMOs (Article 7). Importing Parties acknowledge receipt of notifications in writing within 90 days and the failure to do so does not imply consent (Article 9). Article 10 outlines the decision-making procedure for importing Parties to provide written consent, the terms thereof, applicable timeframes and reasons for decisions. Article 11 contemplates governments notifying the Biosafety Clearing House in respect of LMOs intended for direct use as food or feed or for processing. This process does not apply to decisions regarding field trials. Article 12 contemplates decision-making review including initiation by notifiers where a change in circumstances may influence the outcome of risk assessments or where additional relevant scientific or technical information is available. Article 13 provides for a simplified import procedure. Under Article 16, governments undertake risk assessments including ensuring that LMOs have...
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