Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress: Overview and Status Secretariat, Convention on Biological Diversity
• Genesis • Objective • Scope • Damage • Response measures • Implementation • Ratification status
The CBD Tree Nagoya – Kuala Nagoya – Kuala Lumpur Lumpur ? Supplementary Supplementary Protocol Protocol October 2010 October 2010 Cartagena Cartagena Nagoya Nagoya Protocol on Protocol on Protocol on Protocol on Biosafety Biosafety ABS ABS October 2010 October 2010 January 2000 January 2000 Convention Convention on Biological Diversity May 1992 United Nations Conference on Environment and Development (UNCED)
Negotiations on Liability Objective(s) and Redress Nagoya – Kuala Lumpur • to contribute to the conservation and sustainable Supplementary Protocol use of biological diversity, taking also into account risks to human health by… on Liability and Redress • to contribute to ensuring an adequate level of Cartagena Protocol on protection… on the conservation and sustainable use of biological diversity, taking also into Biosafety account risks to human health • conservation of biological diversity • sustainable use of the components of biological Convention on Biological diversity Diversity • fair and equitable sharing of the benefits arising out of the utilization of genetic resources
Scope Damage Resulting from living modified organisms Imported for Imported for Entered Entered Imported for contained use direct use as national national introduction (ex. research) food, feed or for jurisdiction jurisdiction into the processing illegally accidentally or environment unintentionally (ex. for planting and breeding)
Damage Adverse effect on the conservation and sustainable use of biological diversity, taking also into account risks to human health baselines significant measurable or observable
Response measures Respondent Respondent Requirements Inform the Competent Identify the Operator Competent Authority operator Authority Evaluate the damage Determine which response Take appropriate response measures should be taken by measures the operator Implement measures when the operator fails to do so…
Response Measures (cont’d) minimize contain Restore biological diversity to the condition that existed before the damage occurred, or its nearest equivalent Damage Replace the loss of biological diversity with other components of biological mitigate avoid diversity for the same or another type of use at the same or at an alternative location
? Operator Any person in direct or indirect control of the living modified organism
Implementation Provide domestic law on damage with rules and procedures on response measures Apply existing/general Apply or develop Combination law specific law Material and personal damage (associated with) Damage as defined in the Supplementary Protocol Civil Liability rules
Ratification, Acceptance, Approval and Accession Entry into force 90 days 1 2 3 4 5 6 7 8 9 101112 131415161718 1920212223 2425262728 293031323334 3536373839 40 40 th Instrument of ratification, …
Secretariat of the Convention on Biological Diversity 413, Saint Jacques Street, suite 800 Montreal, QC, Canada, H2Y 1N9 Tel: +1 514 288 2220 Fax: +1 514 288 6588 E-Mail: secretariat@cbd.int Web: http://bch.cbd.int/protocol/
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