The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, consider and approve cooperative procedures and. An Explanatory Guide to the Cartagena Protocol on Biosafety. IUCN Environmental Law Paper No. pages x G. M. La Vina and Ruth Mackenzie. An Explanatory Guide to the Cartagena Protocol on Biosafety: IUCN Environmental Law Paper No. 46 (Environmental Policy & Law Papers) [G. M. La Vina, Ruth.

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The Principle provides that: The Primary focus of the Cartagena Protocol is the regulation of transboundary movement of living modified organisms. A declaration that the movement conforms to the requirement of the Protocol should be included by the exporter. Article 5 of the Protocol exempts the transboundary movement of living modified organisms which are pharmaceuticals for humans Compliance mechanisms under other multilateral environmental agreements Among the MEAs that are in force, the most mature compliance mechanism is that of the Montreal Protocol on Substances that Deplete the Ozone Layer.

Documentation requirements for the handling, transport, packaging and identification of LMOs are provided under Article The compliance mechanism was developed on the basis of Article 8 of the Montreal Protocol.

It is worth noting that while most multilateral environmental agreements, like the CBD, provide procedures for dispute settlement, these tend to be optional and have not, in practice, been used. Id, Article 5 The Party or Parties concerned may not participate in the adoption of the recommendations guids in the formulation of the report.

Cartagena Protocol on Biosafety, Article 24 The Party or Parties gujde are entitled to participate in the deliberations of the Committee.

explanatory guide to the Cartagena Protocol on Biosafety

Id Article 37 6. It has been operational for several years. So far, no LMO has been identified to be exempt under this Article by the Conference of Parties, however this Article provides for such an exemption in the future. Id Article 11 Text of the Cartagena Protocol available here 9. The CBD entered into force on 29 December and has 3 main objectives: Any Party that makes a final decision regarding the domestic use; including the placing on biosafeyt market of a living modified organism that may be subject to transboundary movement for direct use as food, feed, or processing must notify the Parties through the Biosafety Clearing-House within fifteen days of the decision.


The Working Group was to focus specifically on transboundary movement of any living modified organism resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity. The consequence prootocol a finding of non-compliance will depend upon the type of compliance mechanism that is adopted.

An Explanatory Guide to the Cartagena Protocol on Biosafety

Article 17 of the Cartagena Protocol deals with the unintentional transboundary movements and emergency measures and is applicable to both Parties and non-Parties to the Cartagena Protocol However, Article 38 of the Vienna Convention on the Laws of Treaties provides guire a third state non-party can guied bound by a treaty where the rule is recognized as customary rule of international law.

A Party dealing with a non-Party has the burden to ensure that any bilateral, regional and multilateral agreements and arrangements on transboundary movements of living modified organisms are consistent with the objectives of the Protocol. Legally, where an unintentional transboundary movement occurs within the jurisdiction of a Party, the Party is under an obligation to notify any affected or potentially affected States, guids Biosafety Clearing-House and international organizations where appropriate.

In the event of a dispute between Contracting Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation. A compliance mechanism can be used as an alternative to, or concurrently with, a dispute settlement procedure. Upon the invitation of the Party concerned, the Committee may gather further information on the matter. LMOs in transit or those destined for contained use are exempt from the application of the Advanced Informed Agreement Procedure under the Protocol.


The core of the mechanism is the Implementation Committee, consisting of representatives of 10 Parties, which are elected by the Meeting of the Parties based on equitable geographical distribution.

These categories of LMOs pose minimal environmental risk as they are not to be introduced to the environment. As an information center, the BCH also provides access to other biosafety information exchange mechanisms such as information available on the United Nations Industrial Organization — Biosafety Information Network and Advisory Services.

The focus of the compliance mechanism foreseen in Article 34 is on the compliance of individual Parties with their obligations under the Protocol.

The intention to use such a procedure should be declared through the BCH. The AIA Procedure enables a Party of Import carragena consent or reject the transboundary movement for the intentional release into the environment after assessing the potential risk to the environment. Based on its considerations, the Committee makes recommendations for the amicable solution of the problem.

The Biosafety Clearing-House BCH was established under Article 20 of the Cartagena Protocol to meet the objectives of the CBD by facilitating the exchange of scientific, technical, environmental and legal information on experiences with living modified organisms.

Biosafeyt principle, such a mechanism may identify instances where Parties have not complied with their obligations. After several years of work, a compliance mechanism was adopted for the Kyoto Protocol at the 7th meeting of the Conference of the Parties to the Convention in Article 18 of the Protocol addresses the Handling, Transport, Packaging and Identification of LMOs and requires that LMOs that are subject to intentional transboundary movement, are handled, packaged, and transported safely.

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