• 103 signatures, 45 countries and a regional economic integration
organization have deposited their instruments of ratification or accession (10 in Africa –Botswana, Cameroon, Djibouti, Kenya, Lesotho, Liberia, Mali, Mauritius, Mozambique, Tunisia,Uganda).
• Ent ers into force 90 days after 50th ratification.
• COP serving asthe Meeting of the Parties (COP/MOP) will be
the sovereign body when in force. The concept of biosafety encompasses a range of measures, policies and procedures for minimizing potential risks that biotechnology may pose to the environment and human health.
Establishing credible and effective safeguards for
GMOs is critical for maximizing the benefits of biotechnology while minimizing its risks. • international treaty that seeks to protect biological diversity from the risks posed by living modified organisms (LMOs), also often referred to as genetically modified organisms (GMOs), which are a product of modern biotechnology.
• The Protocol is a supplementary agreement to
the Convention on Biological Diversity 1993 • CBDentered into force on Dec.29,1993.
• EXCOP1-Decisions on the continuation of the first
1999 extraordinary meeting of the Conference of the Parties to the
Convention on Biological Diversity, adoption of the Cartagena Protocol and interim arrangements. • The Cartagena Protocol on Biosafety is opened for signature. 2000 • Fifth meeting of the CoP- Work plan of the Intergovernmental Committee for the Cartagena Protocol (ICCP1) on Biosafety.
2001 • ICCP2,Nairobi,Kenya
2002 • ICCP3, The Hague,Netherlands
• Cartagea protocol came into force on Sept. 11,03.The Hague,The
2003 Netherlands To contribute in ensuring an adequate level of protection in the field of the safe transfer, handling and use of LMOs resulting from modern biotechnology, that may have adverse effects on the conservation and sustainable use of biodiversity, taking also into account risks to human health, and specifically focusing on trans boundary movements. A living modified organism (LMO) is any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology. Also frequently known as genetically modified organism. For intentional introduction For direct use as • e.g. Seeds, live fish FFP( food, feed or for processing) For contained use • e.g. Agril. Commodities • e.g. bacteria for laboratory purposes, scientific experiments. Advance Informed Agreement Procedure Risk Assessment and Management Handling, transport, identification Information sharing and the Bio-safety Clearing House Capacity Building Economic considerations Liability and redress compliance Public awareness and participation • Applies prior to the first international trans boundary movement of a LMO for intentional introduction into the environment.
• Consists of the following majorsteps:
– Notification – Risk assessment – Decision making
• Some exceptions: pharmaceuticals, LMOs
in transit, LMOs for contained use,LMO- FFPs. • Annex III specifies risk assessment principles and scientific methodology. • Sciencebasedcase-by-case assessment, transparent process. • Lack of scientific knowledge or scientific consensus should not necessarily be interpreted as indicating a particular level of risk, an absence of risk or an acceptablerisk. • Requires Parties to take measures to ensure safe handling, transport, and packaging. • Includes identification / documentation. • Requiers the Parties to consider theneed for standards for HTPI practices, in consultation with other international bodies. • The Protocol establishes a Biosafety Clearing-House to: – Facilitate exchange of information including laws,scientific data, risk assessments, decisions, etc. – Assist Parties to implement theProtocol. • Under the ICCP, a pilot phase of the BCHhas been developed and is operational.
• Trans-boundary movement of living modified
organisms by establishing procedures for the export and import of these organisms and maintaining an information exchange mechanism. Trans boundary movements of LMOs-FFP are subject to the following two-step procedure:
Step 1: Informing the Biosafety Clearing-House about the
final decision on domestic use.
Step 2: Decision making by a potential importing Party.
A Party may take a decision on the import of an LMO-FFP
under its domestic regulatory framework. • Article 22 mandates Parties to cooperate in capacity- building relevant to the Protocol, including development and strengthening of human resources and institutional capacities in: – Biotechnology, to the extent that it is required for safety. – For effective implementation of the Protocol.
• Other agencies and institutions are heavily involved in
capacity-building activities (e.g. UNEP/GEF project on NBFs) • Revisiting the context for biosafety regulation of GEcrops to ensure that both the risk assessment and any non-safetyconsiderations.
• Rationalizing environmental risk assessment information and data
requirements to focus exclusively on issues that are relevant to assessing plausible adverse environmental impacts of GEcrops.
• Incorporating the assessment of environmental benefits of GEcrops
in agricultural ecosystems.
• Improving biosafety capacity building and short-term technical
training to pursue sustained commitments to operationalise, monitor, and improve the regulatory systems that are put into place. • Management pest population exposed to bt crops continuously for several years may develop resistance to the bt toxins through natural selection mutation, and selection : • to prevent resistance build up it is recommended to plant sufficient non bt cotton (20%) to serve as a refuge for bt susceptibility in seeds • the refuge strategy is designed to ensure that bt susceptible insects will be available to mate with bt resistant insects, should they arise. • available genetic data indicates that susceptibility is dominant over resistance. • therefore, the offspring of these matings would most likely be bt susceptible, thus mitigating the spread of resistance in the populations • Government rules for GMOs. • Recombinant DNA guidelines, 1990 • Guidelines for Research in Transgenic Plants,1998 • Seed Policy, 2002 • Prevention of Food AdulterationAct. • The Food Safety and Standards Bill, 2005 • Plant Quarantine Order, 2003. • Task force on Application of Agricultural Biotechnology. • Draft National Environment Policy,2004. • Draft National Biotechnology Strategy,2005. • Only one crop approved. • 14 crops under various stages of contained field trials. • Include brinjal, cotton, cabbage, groundnut, pigeon pea, mustard, potato, sorghum, tomato, tobacco, rice, okra and cauliflower. • Traits include insect resistance, herbicide tolerance, virus resistance, nutritional enhancement, salt tolerance, fungal resistance.
International Service For The Acquisition of Agri-Biotech Applications, Inc., Et. Al. v. Greenpeace Southeast Asia (Philippines), Et - Al. (BT Talong Case) - Digest