Mainstreaming biosafety Peter Deupmann, Legal Officer, Secretariat of the Conven>on on Biological Diversity
The CBD tree Nagoya – Kuala Lumpur Supplementary Protocol October 2010 Nagoya Cartagena Protocol on Protocol on ABS Biosafety October 2010 January 2000 Conven&on on Biological Diversity May 1992 United Na&ons Conference on Environment and Development (UNCED)
Cartagena Conven&on on Ar>cle 19(3) Protocol on Biological Diversity Biosafety Ar>cle 19(3) CBD The Par>es shall consider […] a protocol seKng out appropriate procedures, including, in par>cular, advance informed agreement, in the field of the safe transfer, handling and use of any LMO […] that may have adverse effect on the conserva&on and sustainable use of biological diversity
The Cartagena Protocol • A (binding) mul>lateral agreement • Nego>ated in accordance with Ar>cle 19(3) of the Conven>on on Biological Diversity (CBD) • Adopted 29 January 2000, in force since 11 September 2003 • 170 Par>es • Governed by mee>ng of the Par>es (COP-MOP) To contribute to ensuring the safe transfer, handling and use of LMOs resul>ng from modern biotechnology that may have adverse effects on biological diversity, taking also into account risks to human health
LMOs and applicable procedures Category Procedure for transboundary movement LMOs for inten&onal introduc&on Advance Informed Agreement (AIA) into the environment ( e.g. certain (Art. 10) seeds and live fish ) LMOs intended for direct use as Decision on domes>c use; Decision food, feed or processing ( e.g. on import (Art. 11) commodi3es such as soy, canola ) LMOs for contained use ( e.g. Exempt from AIA (subject to na>onal bacteria for use in laboratories ) standards of Party of import)
Key procedures and requirements LMOs for inten&onal introduc&on into the LMOs for food, feed or processing (FFP) environment Addi&onal - No&fica&on - Decision on domes&c use of LMO that aspects: may be subject to TBM AIA - Acknowledgement Ø Public - Import decision - Decision consulta&on Ø Socio- Ø in accordance with Art. 10 or Ø in accordance with Art. 11 or economic domes>c framework domes>c framework (op&onal) Ø based on risk assessment Ø based on risk assessment (Art. 11) Final decision Review of decision Review of decision (Art. 12) (Art. 12) no>fier BCH Requirements on TBM Risk management handling, packaging, (Art. 16) transporta&on, documenta&on Liability and redress (Art. 18) (Supplementary Protocol)
Common objec>ves and substance Cartagena Conven&on on Ar>cle 19(3) Protocol on Biological Diversity Biosafety Objec>ves Substance
Common objec>ves • conserva>on of biological diversity Conven&on • sustainable use of the components of biological on Biological diversity Diversity • fair and equitable sharing of the benefits arising out of the u>liza>on of gene>c resources • to contribute to ensuring an adequate level of protec>on in the field of the safe transfer, handling Cartagena and use of LMOs […] that may have adverse effects Protocol on on the conserva>on and sustainable use of Biosafety biological diversity, taking also into account risks to human health
Commonali>es in substance Ar&cle 8(g) • Each Contrac>ng Party shall […] establish or Conven&on maintain means to regulate, manage or on Biological control the risks associated with the use and Diversity release of LMOs […] • Each Contrac>ng Party shall […] provide any available informa>on about the use and safety Ar&cle 19(4) regula>ons required by that Contrac>ng Party Conven&on in handling [LMOs], as well as any available on Biological informa>on on the poten>al adverse impact Diversity […]
Implementa>on
Implementa>on of the CBD • Develop na&onal strategies, plans or programmes for the conserva>on and sustainable use of biological diversity or adapt NBSAP CBD exis>ng ones for this purpose Ar>cle • Integrate […] the conserva>on and sustainable use of biological 6 diversity into relevant sectoral or cross sectoral plans, programmes and policies • Regulate or manage biological resources important for the CBD conserva>on of biological diversity [..] with a view to ensuring Ar>cle 8(c) their conserva>on and sustainable use • Integrate considera>on of the conserva>on and sustainable use CBD of biological resources into na>onal decision-making ; Ar>cle • Adopt measures rela>ng to the use of biological resources to 10 (a)(b) avoid or minimize adverse impacts on biological diversity;
Implementa>on of the CBD Strategic Plan and NBSAP NBSAP na>onal (developed by almost all Contrac>ng Par>es in accordance with Ar>cle 6(1)) COP decision X/2 (2010) Adop>on of the revised and updated Strategic Plan for inter- governmental Biodiversity , including the Aichi Biodiversity Targets, for the period 2011-2020
Implementa>on of the Protocol • Each Party shall take the necessary and appropriate legal, Protocol administra>ve and other measures to implement its ar>cle 2(1) obliga>ons under this Protocol No formal equivalent of the NBSAPs exists in rela>on to the Protocol However, the measures taken and mechanisms established at the na>onal level to implement the Protocol are referred to as the Na>onal Biosafety Framework • Policy; Na&onal Biosafety • Legisla>on; Frameworks • Ins>tu>ons /system for: decision-taking, monitoring, inspec>on, enforcement, public informa>on, etc.
Implementa>on of the Protocol: Strategic Plan for Biosafety and NBF Na>onal biosafety frameworks (NBF) na>onal [policy, legisla>on, ins>tu>ons and systems] COP-MOP decision BS-V/16 (2010) inter- Adop>on of the Strategic Plan for the Cartagena governmental Protocol for the period 2011-2020
Integrated Implementa>on biosafety conserva&on and sustainable use of biological diversity liability & ABS redress
COP-MOP and integra>on Urges Par3es and invites other Governments to: • BS- Review and align […] their na>onal ac>on plans and programmes relevant V/16 to the implementa>on of the Protocol, including their NBSAP , with the Strategic Plan; BS- • Further urges Par>es and invites other Governments to integrate and VII/ priori>ze biosafety within their na>onal biodiversity strategies and ac>on 5 plans and na>onal development plans and programmes, as appropriate;
COP and integra>on • Encourages Par>es to integrate biosafety and access and benefit- sharing into na&onal biodiversity strategies and ac&on plans , na>onal development plans and other relevant sectoral and cross- CBD ar>cle 6 sectoral policies, plans and programmes , as appropriate, taking into account na>onal circumstances, legisla&on and priori&es ; COP XII/ 29 • Encourages Par>es and other Governments, as appropriate, in accordance with na>onal circumstances and priori>es, to strengthen na&onal coordina&on mechanisms to facilitate a coordinated approach to the implementa&on of the Conven&on and its Protocols as well as other biodiversity-related conven>ons and the other Rio conven>ons.
Why integra>on? conserva&on and sustainable use of biological diversity
Ra>onale for integra>on The various and repeated calls by COP and COP-MOP for integra>on, can be understood for different reasons Objec>ves of both Implementa>on of the Protocol Integra>on inherent instruments are helps the implementa>on of the part of Conven>on overlapping Conven>on and vice versa and Protocol Integrated implementa>on may lead to efficiency savings To obtain bener financing
Integra>on for efficiency savings risk management Research risk assessment Integra&on Informa>on Capacity building sharing through Awareness BCH raising and educa>on
Integra>on for bener funding Mainstreaming biosafety is seen as key to accessing the necessary resources for biosafety ac>vi>es and for the implementa>on of the Protocol as recognized in various COP-MOP decisions. • Urges Par>es and invites other Governments and relevant interna>onal BS- organiza>ons, as appropriate, to: […] (b)Allocate adequate human and V/ financial resources necessary to expedite the implementa>on of the 16 Strategic Plan;
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