CARTAGENA PROTOCOL ON BIOSAFETY

1. CARTAGENA PROTOCOL ON BIOSAFETY NDA- DEAT BILATERAL MEETING 1 August 2003 Presenter : M. Mbengashe

2. OBJECTIVE OF THE PROTOCOL • In accordance with Precautionary Approach the objective of CPB is to contribute to ensuring adequate level of protection in the field of the safe transfer, handling and use of LMOs, taking into account risks to human health, and specifically focussing on transboundary movement (Article 1)

3. CBD PROVISIONS RELATED TO LMOs • CPB: International Agreement under UNCBD • Article 19(3): Requires parties to regulate, manage or control risks associated with LMOs • Article 8(g): require parties to establish domestic regulatory and administrative measures • Article 19(4): creates obligation for parties to the CBD to provide information on any LMO transferred to another party.

4. CURRENT DEVELOPMENTS • CPB opened for signature in 2000 • 51 Parties ratified • 13 African countries have ratified • Entry into force require 50 ratification • Enters into force 11 September 2003 • South Africa instrument of accession approved and signed by DFA • ICCP meeting in August 2003 • CBD COP 7 in March 2004 in Malaysia

5. SCOPE OF PROTOCOL: AIA & PROCEDURE (ART. 4-7) • CPB covers transboundary movement, transit, handling and use of all LMOs Elements of AIA are: • Competent Authority for administrative functions required by the Protocol (Article 19) • Notification and information to party of import by exporting party of proposed transboundary move • Decision by party of import • Risk assessment ((Article 15 & Annex 111) • Confidential information (Article 21) • National discretion (Article 9(3) & 14(4)

6. SCOPE OF PROTOCOL • LMOs subject to provisions of Protocol All LMOs which may have adverse effects on conservation, sus,. Use and risk to health • LMOs subject to AIA provisions LMos intended for intentional introduction into the environment Article 7(1) • LMOs excluded from Protocol’s AIA provisions LMOs in transit Article 6(1) LMOs destined for contained use in the Party of import 6(2) LMOs intended for direct use as food,or feed, or for processing Art. 7(2) LMOs identified by MOP to Protocol as being not likely to have adverse impacts Article 7 (4) LMOs excluded from the Protocol’s provisions on transboundary Movements LMOs that are pharmaceuticals for humans that are addressed by other MEAs Article 5

7. BIOSAFETY CLEARING HOUSE • Art. 20 establishes BCH as means through which information is made available and accessible to Parties • Facilitate exchange of scientific, technical, environmental & legal information on & experience with LMOs • Assist parties to implement Protocol Parties to make following information to BCH • Laws, regulations and guidelines for CPB implementation • Decisions on import or release of LMOs • Summaries of risk assessments or environmental reviews of LMOS generated by regulatory processes of Parties • Bilateral, regional and multilateral arrageements (art. 14)

8. ARTICLE 18 • Requires parties to take measures for the safe handling packaging and transport of LMOs subject to intentional transboundary movement (art. 18(1) and applies to all LMOs within the scope of CPB • Information provides means to identify and track transboundary movements of LMOs, gives information to the party of import at border and offers a contact point for further information • COP/MOP to further develop standards for identification, handling, packaging and transport practices in consultation with relevant bodies

9. ARTICLE 19 • National Focal Point: Liaison with Secretariat • Competent Authority: Performing administrative functions of the Protocol -Receive notification of proposed transboundary movement of LMOs -Acknowledge receipt of the notification (article 9) -Request further information (Articles 9 & 10) -Communicate the decision of the party of import to the notifier and the -Biosafety Clearing House (with reasons where required (Article 10(3) -Respond to requests by the Party of export or notifier to review decision -Consult with notifier, where necessary, on treatment of confidential -Information (Article 21) • Each party to notify the Secretariat no later 9/11/2003 • Parties information will be available through Biosafety Clearing House

10. ARTICLE 22CAPACITY BUILDING • Requires Parties to cooperate in building capacity for implementation of the Protocol • Capacity needs identified: • Training in administration of GMO Act • Risk assessments • Public participation • Requirements in terms of transit policy for GMO consignment • Agree on wayforward for National Biosafety Framework Project

11. Article 23: PUBLIC AWARENESS AND PARTICIPATION • Provides mix of mandatory and discretionary action for Parties • Promote and facilitate public awareness, education and participation • Provision of information on LMOs to the Public Article 23 (1) • Public participation in LMO-decision making processes (article 23(2) • Provision of information to the public about access to the Biosafety Clearing House (23 (3)

12. OTHER PROVISIONS • Illegal transboundary movements (Art. 25) • Socio economic considerations (Art.26) • Liability and redress (Article 27) • Article 28-31 establish financial and institutional infrastructure of the Protocol

13. WAY-FORWARD • Agree on institutional structures • Constitution of task team • Development of implementation plan • National Biosafety Framework Project • Agree on roles and responsibilities • Set time frames