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Third National Report on the implementation of the Cartagena Protocol on Biosafety
Record information and status
Record ID
109726
Status
Published
Date of creation
2016-02-19 22:01 UTC (andrew.bowers@cbd.int)
Date of publication
2016-02-19 22:01 UTC (andrew.bowers@cbd.int)

Origin of report
1. Country
  • Togo
Contact officer for report
Coordinates
Koffi GNRONFOUN KODJOVI
Director of forest resources service
Ministry of environment and forest resources
52, Rue de la Kozah, BP 355
Lomé
Togo
Phone:22 21 86 43 / 22 21 40 29
Fax:0022822214029
Email:direfaune@yahoo.fr,kkgnronnfoun@yahoo.f
Consulted stakeholders
9. Organizations/stakeholders who were consulted or participated in the preparation of this report
Representatives of ministry of environment and forest resources, of agriculture and research
Submission
10. Date of submission
2016-02-19
11. Time period covered by this report
Start date
2011
11. Time period covered by this report
End date
2015
Party to the Cartagena Protocol on Biosafety
Is your country a Party to the Cartagena Protocol on Biosafety (CPB)?
  • Yes
Article 2 – General provisions
14. Has your country introduced the necessary legal, administrative and other measures for the implementation of the Protocol?
This question is relevant to indicators 1.1.1, 2.1.1, 2.1.2, and 3.1.2 of the Strategic Plan
  • A domestic regulatory framework is partially in place
15. If you indicated that a national biosafety framework exists in the above question, when did it become operational?
This question is relevant to the indicator 1.1.1 of the Strategic Plan
  • 2004
16. Which specific instruments are in place for the implementation of your national biosafety framework?
  • One or more national biosafety laws
17. Has your country established a mechanism for the budgetary allocations of funds for the operation of its national biosafety framework?
  • No
18. Does your country have permanent staff to administer functions directly related to the national biosafety framework?
  • No
20. Has your country’s biosafety framework / laws / regulations / guidelines been submitted to the Biosafety Clearing-House (BCH)?
  • Yes
21. Here you may provide further details on the implementation of Article 2 in your country
1- National Biosafety Framework is adopted on December 6th , 2004;
Further to the ratification of the Cartagena Protocol on July 2nd, 2004, Togo has adopted on December 6 of that same year, its National Biosafety Framework. This framework provides guidance for the establishment of:
-   Institutional and legal framework for Biosafety management,
-   Biotechnology risks assessment and management mechanisms,
-   Public awareness and participation system.
Togo adopted its Law on Biosafety on the 6th January, 2009 by the Act No.2009-001. The Law on Biosafety in Togo was promulgated but it will not enter into force unless its regulations are adopted and implemented and also unless technical capacity building is made before. The legal and institutional frameworks related to plant protection, food and human health, animals quarantine, intellectual property rights and the environmental impact assessment study are, inter alia, related frameworks to that of biosafety.
2- The Act No. 2009-001 of 6th January 2009 on  biosafety.                                                    
Article 5 - Pharmaceuticals
22. Does your country regulate the transboundary movement, handling and use of living modified organisms (LMOs) which are pharmaceuticals?
  • Yes, to some extent
Here you may provide further details
texts regulating the sector of pharmaceuticals import
23. If you answered Yes to question 22, has this information been submitted to the BCH?
  • No
Article 6 – Transit and Contained use
25. Does your country regulate the transit of LMOs?
This question is relevant to indicator 1.8.1 of the Strategic Plan
  • Yes
26. Does your country regulate the contained use of LMOs?
This question is relevant to indicators 1.1.2 and 1.8.2 of the Strategic Plan
  • Yes
27. If you answered Yes to questions 25 or 26, has this information been submitted to the BCH?
  • Yes
28. Here you may provide further details on the implementation of Article 6 in your country:
Article governing transit and the use of LMO
Articles 7 to 10 – Advance Informed Agreement (AIA) and intentional introduction of LMOs into the environment
29. Has your country adopted law(s) / regulations / administrative measures for the operation of the AIA procedure of the Protocol OR a domestic regulatory framework consistent with the Protocol regarding the transboundary movement of LMOs for intentional introduction into the environment?
This question is relevant to indicators 1.1.2 and 3.1.4 of the Strategic Plan
  • Yes
30. Has your country established a mechanism for taking decisions regarding first intentional transboundary movements of LMOs for intentional introduction into the environment?
  • Yes
31. If you answered Yes to question 30, does the mechanism also apply to cases of intentional introduction of LMOs into the environment that were not subject to transboundary movement?
  • Yes
32. Has your country established legal requirements for exporters under its jurisdiction to notify in writing the competent national authority of the Party of import prior to the intentional transboundary movement of an LMO that falls within the scope of the AIA procedure?
  • Yes
33. Has your country established legal requirements for the accuracy of information contained in the notification?
  • Yes
34. Has your country ever received an application / notification regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
This question is relevant to indicator 1.1.4 of the Strategic Plan
  • No
35. Has your country ever taken a decision on an application / notification regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
This question is relevant to indicator 1.1.5 of the Strategic Plan
  • No
38. In the current reporting period, how many applications/notifications has your country received regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
  • None
39. In the current reporting period, how many decisions has your country taken regarding intentional transboundary movements of LMOs for intentional introduction into the environment?
  • None
46. Here you may provide further details on the implementation of Articles 7-10 in your country, including measures in case of lack of scientific certainty on potential adverse effects of LMOs for intentional introduction to the environment
Regulations are in the process for adoption for the effective implementation of the national biosafety law. Since 2009, date of adoption of the said Act, no application has been submitted.
Article 11 – Procedure for living modified organisms intended for direct use as food or feed, or for processing (LMOs-FFP)
47. Has your country adopted specific law(s) or regulation(s) for decision-making regarding domestic use, including placing on the market, of LMOs-FFP?
This question is relevant to indicator 1.1.2 of the Strategic Plan
  • Yes
48. Has your country established legal requirements for the accuracy of information to be provided by the applicant?
  • Yes
49. Has your country established a mechanism to ensure that decisions regarding LMOs-FFP that may be subject to transboundary movement will be communicated to the Parties through the BCH?
This question is relevant to indicator 3.1.5 of the Strategic Plan
  • Yes
50. Has your country established a mechanism for taking decisions on the import of LMOs-FFP?
This question is relevant to indicator 1.1.2 of the Strategic Plan
  • Yes
51. Has your country indicated its needs for financial and technical assistance and capacity-building in respect of LMOs-FFP?
This question is relevant to indicator 1.2.1 of the Strategic Plan
  • No
52. Has your country ever taken a decision on LMOs-FFP (either on import or domestic use)?
  • No
58. Here you may provide further details on the implementation of Article 11 in your country, including measures in case of lack of scientific certainty on potential adverse effects of LMOs-FFP
Living Modified Organisms (LMOs) intended for direct use as food or feed, or for processing, are exempt from the advance informed agreement (AIA) procedure on the basis of provisions of Article 11 of the Protocol. This specific procedure is based on a multilateral mechanism for information exchange through the Biosafety Clearing House (BCH). The national competent authority shall ensure that legal provisions secure the accuracy of information provided by applicants. It must be prepared to receive and proceed with requests from any party incidental to additional information. The Lack of scientific assurance due to relevant scientific information and knowledge gap regarding the extent of potential adverse effects of GMOs and/or its derivatives on the conservation and sustainable use of biological diversity, considering risks to human health as well, shall not prevent the competent national authority from taking a decision regarding GMOs import, if it is intended for direct use as food or feed or for processing to avoid at least such potential adverse effects. First imports of these GMOs are subject to a different pre-clearance from the AIA.
Article 12 – Review of decision
59. Has your country established a mechanism for the review and change of a decision regarding an intentional transboundary movement of LMOs?
  • Yes
60. Has your country ever received a request for a review of a decision?
  • No
61. Has your country ever reviewed / changed a decision regarding an intentional transboundary movement of LMOs?
  • No
62. In the current reporting period, how many decisions were reviewed and/or changed regarding an intentional transboundary movement of an LMO?
  • None
66. Here you may provide further details on the implementation of Article 12 in your country
Decisions taken by the competent national authority are not final and conclusive. They are the result of some information collection and analysis on GMOs or by-products at issue, conducted within the framework of risk assessment. While over time, counter-valuations and science development enable to find out that the first information was inaccurate and contained shortcomings which were difficult to be monitored at the moment the decision has been taken, the national authority competent should reconsider the decision. No decision will constitute a precedent and all planned procedures must be complied with. Decisions which may be subject to review are: decisions relating to the introduction, contained use, field experiment, transgenic seeds extension, marketing of transgenic products. On this basis, two options are offered to citizens or to the claimant. They can either initiate an administrative procedure or appear before the court. Possible costs for review of the decision are the responsibility of the applicant. In the case a decision is rescinded, the competent national authority shall order, by all appropriate means, the destruction of all growing transgenic organism and/or its derivatives or sterilization of the soil on which the GMO is cultivated. Costs related to operations of GMO destruction and soil sterilization and other related operations, are the responsibility of the user.
Article 13 – Simplified procedure
67. Has your country established a system for the application of the simplified procedure regarding an intentional transboundary movement of LMOs?
  • Yes
68. Has your country ever applied the simplified procedure?
  • No
70. In the current reporting period, how many LMOs has your country applied the simplified procedure to?
  • None
71. Here you may provide further details on the implementation of Article 13 in your country
The biosafety law provides for simplified procedure is an exception to the advance informed agreement procedure in accordance with Article 13 of the Protocol. The national competent authority shall develop the list of GMOs and/or their derivatives exempted from advance informed agreement procedure and the conditions under which some transboundary movements of GMOs to Togo could take place on the basis of a simple notification to the competent national authority.

Pursuant to Article 23 of the law, such products include intended transboundary movements of GMOs and/or their derivatives identified by the Conference of the Parties serving as the Meeting of the Parties to the Cartagena Protocol on Biosafety and unlikely to have adverse effects on the conservation and the sustainable use of biological diversity, taking also into account the risks to human health
Article 14 – Bilateral, regional and multilateral agreements and arrangements
72. Has your country entered into any bilateral, regional or multilateral agreements or arrangements?
  • No
76. Here you may provide further details on the implementation of Article 14 in your country
There are not so far bilateral, regional or multilateral agreements concluded definitively for intentional transboundary movements of LMOs. However, Togo is participating in a sub-regional joint process involving countries belonging to the following institutions: the Economic and Monetary Union of West Africa (WAEMU), the Economic Community of West African States (ECOWAS) and the Executive Secretariat of the Permanent Inter-State Council on Drought Control in the Sahel (CILSS). Indeed, driven by the Will to coordinate their biosafety policies, these three sub-regional institutions have agreed to adopt a common approach to provide the sub-region with a Biosafety Community framework. This Biosafety Community legal framework is recently validated on the 3rd February, 2015 in a sectoral framework in Ouagadougou, Burkina Faso by the Ministers in charge of biosafety of the WAEMU space. The process is underway in other institutions, namely, ECOWAS and CILSS to validate this Community Regulation for its signature and its adoption by the highest authorities of the three institutions.
Once adopted, this legal framework will enable to have a common approach to the scientific assessment and risk of biotechnology management in the West African sub region.
Articles 15 & 16 – Risk Assessment and Risk Management
77. Has your country established a national framework for conducting risk assessments prior to taking decisions regarding LMOs?
  • Yes
78. If you answered Yes to question 77, does this framework include procedures for identifying and/or training national experts to conduct risk assessments?
  • Yes
79. How many people in your country have been trained in risk assessment, monitoring, management and control of LMOs?
This question is relevant to indicator 2.2.3 of the Strategic Plan
a) Risk assessment:
  • 10 or more
b) Management / Control:
  • 10 or more
c) Monitoring:
  • 10 or more
80. Is your country using training material and/or technical guidance for training in risk assessment and risk management of LMOs?
This question is relevant to indicator 2.2.5 of the Strategic Plan
  • No
81. Is your country using the "Manual on Risk Assessment of LMOs" (developed by CBD Secretariat) for training in risk assessment?
This question is relevant to indicator 2.2.5 of the Strategic Plan
  • No
82. Is your country using the "Guidance on Risk Assessment of LMOs" (developed by the Online Forum and the AHTEG on Risk Assessment and Risk Management) for training in risk assessment?
This question is relevant to indicator 2.2.5 of the Strategic Plan
  • No
83. Are the currently available training materials or technical guidance on risk assessment and/or risk management of LMOs sufficient?
This question is relevant to indicator 2.2.6 of the Strategic Plan
  • Not applicable
84. Does your country have the capacity to detect, identify, assess and/or monitor living modified organisms or specific traits that may have adverse effects on the conservation and sustainable use of biological diversity, taking into account risks to human health?
This question is relevant to indicators 1.4.2 and 1.6.3 of the Strategic Plan
a) Detect:
  • Yes
b) Identify:
  • Yes
c) Assess:
  • Yes
d) Monitor:
  • Yes
85. Has your country adopted or used any guidance documents for the purpose of conducting risk assessment or risk management, or for evaluating risk assessment reports submitted by notifiers?
This question is relevant to indicators 1.3.1 of the Strategic Plan
a) Risk assessment:
  • No
b) Risk management:
  • No
86. Is your country using the "Guidance on Risk Assessment of LMOs" (developed by the Online Forum and the AHTEG on Risk Assessment and Risk Management) for conducting risk assessment or risk management, or for evaluating risk assessment reports submitted by notifiers?
This question is relevant to indicator 2.2.5 of the Strategic Plan
  • No
87. Has your country adopted any common approaches to risk assessment with other countries?
This question is relevant to indicator 1.3.2 of the Strategic Plan
  • Yes
88. Has your country cooperated with other Parties with a view to identifying LMOs or specific traits that may have adverse effects on the conservation and sustainable use of biological diversity?
This question is relevant to indicator 1.4.1 of the Strategic Plan
  • Yes
89. Has your country ever conducted a risk assessment of an LMO including any type of risk assessment of LMOs, e.g. for contained use, field trials, commercial purposes, direct use as food, feed, or for processing?
This question is relevant to indicator 1.3.3 of the Strategic Plan
  • No
94. Has your country taken measures to ensure that any LMO, whether imported or locally developed, undergoes an appropriate period of observation that is commensurate with its life-cycle or generation time before it is put to its intended use?
  • Yes
95. Has your country established a mechanism for monitoring potential effects of LMOs that are released into the environment?
  • Yes
96. Does your country have the infrastructure (e.g. laboratory facilities) for monitoring or managing LMOs?
This question is relevant to indicator 2.2.4 of the Strategic Plan
  • Yes
97. Here you may provide further details on the implementation of Articles 15 and 16 in your country
The Togolese law on biosafety prescribes in Article 68, management principles and risk assessment of LMOs/GMOs, however in practice nothing is yet done since regulations are yet to be taken.
Articles 68-78 (Title IV, Chapter 1, Section 1) relating to the "general mechanisms for risk assessment"
Article 79 and 80 (Section 2, Title IV) on " Risk assessment specific method of genetically modified pharmaceuticals"
Articles 83-88 (Section 2, Chapter 2) on " Biotechnology risk Management "
Article 17 – Unintentional transboundary movements and emergency measures
98. Has your country established and maintained appropriate measures to prevent unintentional transboundary movements of LMOs?
  • Yes, to some extent
99. Has your country established a mechanism for addressing emergency measures in case of unintentional transboundary movements of LMOs that are likely to have significant adverse effect on biological diversity?
  • Yes
100. Does your country have the capacity to take appropriate measures in the event that an LMO is unintentionally released?
This question is relevant to indicator 1.8.3 of the Strategic Plan
  • No
101. In the current reporting period, how many times has your country received information concerning occurrences that led, or may have led, to unintentional transboundary movement(s) of one or more LMOs to or from territories under its jurisdiction?
  • Never
105. Here you may provide further details on the implementation of Article 17 in your country
The concerns of Article 17 of the Protocol are indeed taken into account  in Articles 51 and 52 of the Biosafety Law No.2009'001 of January 6, 2009, which gives the designated competent national authority which is the minister of environment and forest resources, the care to take appropriate measures to notify affected States or in danger to be affected, to the Biosafety Clearinghouse, if necessary, competent international organizations, any accident which it has knowledge of, within its competence and likely to have significant adverse effects on the conservation and sustainable use of biodiversity as well as risks to human health.
The Minister of environment and forest resources also consults with really affected States or States at risk of affection to allow them to determine appropriate responses and initiate necessary action, including emergency measures.
Article 18 – Handling, transport, packaging and identification
106. Has your country taken measures to require that LMOs that are subject to transboundary movement are handled, packaged and transported under conditions of safety, taking into account relevant international rules and standards?
  • Yes
107. Has your country taken measures to require that documentation accompanying LMOs-FFP clearly identifies that, in cases where the identity of the LMOs is not known through means such as identity preservation systems, they may contain living modified organisms and are not intended for intentional introduction into the environment, as well as a contact point for further information?
This question is relevant to indicator 1.6.1 of the Strategic Plan
  • Yes
108. Has your country taken measures to require that documentation accompanying LMOs-FFP clearly identifies that, in cases where the identity of the LMOs is known through means such as identity preservation systems, they contain living modified organisms and are not intended for intentional introduction into the environment, as well as a contact point for further information?
This question is relevant to indicator 1.6.1 of the Strategic Plan
  • Yes
109. If you answered Yes or Yes, to some extent to question(s) 107 and/or 108, what type of documentation does your country require for the identification of LMOs-FFP?
  • Existing types of documentation
110. Has your country taken measures to require that documentation accompanying LMOs that are destined for contained use clearly identifies them as living modified organisms and specifies any requirements for the safe handling, storage, transport and use, the contact point for further information, including the name and address of the individual and institution to whom the LMO are consigned?
This question is relevant to indicator 1.6.2 of the Strategic Plan
  • Yes
111. If you answered Yes or Yes, to some extent to question 110, what type of documentation does your country require for the identification of LMOs that are destined for contained?
  • Existing types of documentation
112. Has your country taken measures to require that documentation accompanying LMOs that are intended for intentional introduction into the environment of the Party of import, clearly identifies them as living modified organisms; specifies the identity and relevant traits and/or characteristics, any requirements for the safe handling, storage, transport and use, the contact point for further information and, as appropriate, the name and address of the importer and exporter; and contains a declaration that the movement is in conformity with the requirements of this Protocol applicable to the exporter?
This question is relevant to indicator 1.6.2 of the Strategic Plan
  • Yes, to some extent
113. If you answered Yes or Yes, to some extent to question 112, what type of documentation does your country require for the identification of LMOs that are intended for intentional introduction into the environment?
  • Existing types of documentation
114. Does your country have available any guidance for the purpose of ensuring the safe handling, transport, and packaging of living modified organisms?
This question is relevant to indicator 1.6.4 of the Strategic Plan
  • No
115. Does your country have the capacity to enforce the requirements of identification and documentation of LMOs?
  • No
116. How many customs officers in your country have received training in the identification of LMOs?
This question is relevant to indicator 2.3.1 of the Strategic Plan
  • 10 or more
117. Has your country established procedures for the sampling and detection of LMOs?
  • No
118. How many laboratory personnel in your country have received training in detection of LMOs?
This question is relevant to indicator 2.3.1 of the Strategic Plan
  • One or more
119. Does your country have reliable access to laboratory facilities for the detection of LMOs?
This question is relevant to indicator 2.3.2 of the Strategic Plan
  • No
120. How many laboratories in your country are certified for LMO detection?
This question is relevant to indicator 2.3.3 of the Strategic Plan
  • None
Article 19 – Competent National Authorities and National Focal Points
124. Has your country established adequate institutional capacity to enable the competent national authority(ies) to perform the administrative functions required by the Cartagena Protocol on Biosafety?
  • No
125. Here you may provide further details on the implementation of Article 19 in your country
In order to comply with the provisions of the Cartagena Protocol on Biosafety and facilitate its implementation at national level, Togo has nominated a competent national authority, a National Focal Point to the Cartagena Protocol and a National Focal Point to the Biosafety Clearing House (BCH). The role of the competent national authority and the two national focal points are outlined in a draft decree. the adoption of those decrees is in processus.
Article 20 – Information Sharing and the Biosafety Clearing-House (BCH)
126. Please provide an overview of the status of the mandatory information provided by your country to the BCH by specifying for each category of information whether it is available and whether it has been submitted to the BCH.
This question is relevant to indicator 3.1.5 of the Strategic Plan
a) Existing national legislation, regulations and guidelines for implementing the Protocol, as well as information required by Parties for the advance informed agreement procedure (Article 20, paragraph 3 (a))
  • Information available and in the BCH
b) National laws, regulations and guidelines applicable to the import of LMOs intended for direct use as food or feed, or for processing (Article 11, paragraph 5)
  • Information available and in the BCH
c) Bilateral, multilateral and regional agreements and arrangements (Articles 14, paragraph 2 and 20, paragraph 3 (b))
  • Information not available
d) Contact details for competent national authorities (Article 19, paragraphs 2 and 3), national focal points (Article 19, paragraphs 1 and 3), and emergency contacts (Article 17, paragraph 3 (e))
  • Information available and in the BCH
e) Reports submitted by the Parties on the operation of the Protocol (Article 20, paragraph 3 (e))
  • Information available and in the BCH
f) Decisions by a Party on regulating the transit of specific living modified organisms (LMOs) (Article 6, paragraph 1)
  • Information not available
g) Occurrence of unintentional transboundary movements that are likely to have significant adverse effects on biological diversity (Article 17, paragraph 1)
  • Information not available
h) Illegal transboundary movements of LMOs (Article 25, paragraph 3)
  • Information not available
i) Final decisions regarding the importation or release of LMOs (i.e. approval or prohibition, any conditions, requests for further information, extensions granted, reasons for decision) (Articles 10, paragraph 3 and 20, paragraph 3(d))
  • Information not available
j) Information on the application of domestic regulations to specific imports of LMOs (Article 14, paragraph 4)
  • Information not available
k) Final decisions regarding the domestic use of LMOs that may be subject to transboundary movement for direct use as food or feed, or for processing (Article 11, paragraph 1)
  • Information not available
l) Final decisions regarding the import of LMOs intended for direct use as food or feed, or for processing that are taken under domestic regulatory frameworks (Article 11, paragraph 4) or in accordance with annex III (Article 11, paragraph 6) (requirement of Article 20, paragraph 3(d))
  • Information not available
m) Declarations regarding the framework to be used for LMOs intended for direct use as food or feed, or for processing (Article 11, paragraph 6)
  • Information not available
n) Review and change of decisions regarding intentional transboundary movements of LMOs (Article 12, paragraph 1)
  • Information not available
o) LMOs granted exemption status by each Party (Article 13, paragraph 1)
  • Information not available
p) Cases where intentional transboundary movement may take place at the same time as the movement is notified to the Party of import (Article 13, paragraph 1)
  • Information not available
q) Summaries of risk assessments or environmental reviews of LMOs generated by regulatory processes and relevant information regarding products thereof (Article 20, paragraph 3 (c))
  • Information not available
127. Has your country established a mechanism for strengthening the capacity of the BCH National Focal Point to perform its administrative functions?
  • No
128. Has your country established a mechanism for the coordination among the BCH National Focal Point, the Cartagena Protocol focal point, and the competent national authority(ies) for making information available to the BCH?
  • Yes
129. Does your country use the information available in the BCH in its decision making processes on LMOs?
  • Yes, always
130. Has your country experienced difficulties accessing or using the BCH?
This question is relevant to indicator 4.1.8 of the Strategic Plan
  • No
131. Is the information submitted by your country to the BCH complete and up-to date?
  • Yes
132. Please indicate the number of regional, national and international events organized in relation to biosafety (e.g. seminars, workshops, press conferences, educational events, etc.,) in the last 2 years:
This question is relevant to indicator 4.3.1 of the Strategic Plan
  • 10 or more
133. Please indicate the number of biosafety related publications that has been made available in your country in the last year:
This question is relevant to indicator 4.3.2 of the Strategic Plan
  • None
135. Here you may provide further details on the implementation of Article 20 in your country
The national biosafety Law takes into account aspects of confidential information, especially in articles 62-64.
According to these provisions, the competent national authority is not allowed to disclose disclosure confidential information, in case the applicant requests confidentiality.
But for reasons of general interest, the competent national authority may decide that specific information be made known to the public despite their confidential nature.
It is also expected that some types of information should never be subjected to confidentiality.
These include:
- Description of the GMO and its derivatives, the name and address of the applicant, purpose and the point of import, of transit, of contained use, of release or placement to the market of GMOs and their derivatives;
- Methods and plans for controlling the GMOs and /or their derivatives and emergency response measures;
- Assessment of foreseeable effects including pathogenic effect and / or environmentally disruptive.
Article 21 – Confidential information
136. Has your country established procedures to protect confidential information received under the Protocol?
  • Yes
137. Does your country allow the notifier to identify information that is to be treated as confidential?
  • Yes, always
138. Here you may provide further details on the implementation of Article 21 in your country
The national biosafety Law takes into account aspects of confidential information, especially in articles 62-64.
According to these provisions, the competent national authority is not allowed to disclose disclosure confidential information, in case the applicant requests confidentiality.
But for reasons of general interest, the competent national authority may decide that specific information be made known to the public despite their confidential nature.
It is also expected that some types of information should never be subjected to confidentiality.
These include:
- Description of the GMO and its derivatives, the name and address of the applicant, purpose and the point of import, of transit, of contained use, of release or placement to the market of GMOs and their derivatives;
- Methods and plans for controlling the GMOs and /or their derivatives and emergency response measures;
- Assessment of foreseeable effects including pathogenic effect and / or environmentally disruptive.
Article 22 – Capacity-building
139. Does your country have predictable and reliable funding for building capacity for the effective implementation of the Protocol?
This question is relevant to indicator 1.2.6 and 3.1.8 of the Strategic Plan
  • No
140. Has your country received external support or benefited from collaborative activities with other Parties in the development and/or strengthening of human resources and institutional capacities in biosafety?
  • Yes
141. If you answered Yes to question 140, how were these resources made available?
  • Multilateral channels
142. Has your country provided support to other Parties in the development and/or strengthening of human resources and institutional capacities in biosafety?
  • No
144. Has your country ever initiated a process to access GEF funds for building capacity in biosafety?
  • No
147. During the current reporting period, has your country undertaken activities for the development and/or strengthening of human resources and institutional capacities in biosafety?
  • Yes
148. If you answered Yes to question 147, in which of the following areas were these activities undertaken?
  • Institutional capacity
  • Human resources capacity development and training
  • Risk assessment and other scientific and technical expertise
  • Risk management
  • Public awareness, participation and education in biosafety
  • Information exchange and data management including participation in the Biosafety Clearing-House
  • Scientific, technical and institutional collaboration at subregional, regional and international levels
  • Technology transfer
  • Identification of LMOs, including their detection
  • Implementation of the documentation requirements under Article 18.2 of the Protocol
  • Handling of confidential information
  • Measures to address unintentional and/or illegal transboundary movements of LMOs
  • Scientific biosafety research relating to LMOs
  • Taking into account risks to human health
149. During the current reporting period, has your country carried out a capacity-building needs assessment?
This question is relevant to indicator 1.2.1 of the Strategic Plan
  • Yes
150. If you answered Yes to question 149, has this information been submitted to the BCH?
This question is relevant to indicator 1.2.1 of the Strategic Plan
  • No
151. Does your country still have capacity-building needs?
This question is relevant to indicator 1.2.7 of the Strategic Plan
  • Yes
152. If you answered Yes to question 151, indicate which of the following areas still need capacity-building.
  • Institutional capacity
  • Human resources capacity development and training
  • Risk assessment and other scientific and technical expertise
  • Risk management
  • Public awareness, participation and education in biosafety
  • Information exchange and data management including participation in the Biosafety Clearing-House
  • Scientific, technical and institutional collaboration at subregional, regional and international levels
  • Technology transfer
  • Identification of LMOs, including their detection
  • Socio-economic considerations
  • Implementation of the documentation requirements under Article 18.2 of the Protocol
  • Handling of confidential information
  • Measures to address unintentional and/or illegal transboundary movements of LMOs
  • Scientific biosafety research relating to LMOs
  • Taking into account risks to human health
  • Traning for lawyers in biosefaty issues
153. Has your country developed a capacity-building strategy or action plan?
This question is relevant to indicator 1.2.2 of the Strategic Plan
  • No
154. Does your country have in place a functional national mechanism for coordinating biosafety capacity-building initiatives?
This question is relevant to indicator 1.2.4 of the Strategic Plan
  • No
155. How many biosafety short-term training programmes and/or academic courses are offered annually in your country?
This question is relevant to indicator 1.2.3 of the Strategic Plan
  • None
156. Has your country submitted the details of national biosafety experts to the Roster of Experts in the BCH?
  • No
157. Here you may provide further details on the implementation of Article 22 in your country, including further details about your experience in accessing GEF funds
In terms of capacity building and cooperation, several sub regional institutions have supported the Government of Togo, since the adoption of the national Biosafety Law, in its policy of implementation of the Cartagena Protocol on Biosafety.
We note in this regard the support of WAEMU, ABNE, NEPAD and CORAF/WECARD
The support of WAEMU focused on buying additional equipments to the biosafety laboratory for GMOs detection and public awareness activities.
The African Biosafety Network Expertise (ABNE) of the NEPAD supported Togo in the national biosafety law review process in order to align it on the provisions of the Supplementary Kuala Lumpur Protocol of Nagoya on Liability and redress for compensation of damage; study trips of some officers of the ministry of environment and forest resources (competent national authority for biosafety) and University.
Regarding CORAF/WECARD, the latter supported Togo in the development and review process of four (04) draft regulation Decrees of the Law on biosafety.
Moreover, Togo benefited funding from the Global Environment Facility (GEF) especially for drafting the 1st and 2nd national implementation report of the Cartagena Protocol Biosafety
Article 23 – Public awareness and participation
158. Has your country established a strategy or put in place legislation for promoting and facilitating public awareness, education and participation concerning the safe transfer, handling and use of LMOs?
  • Yes
159. Has your country designed and/or implemented an outreach/communication strategy on biosafety?
This question is relevant to indicator 5.3.2 of the Strategic Plan
  • No
160. Does your country have any awareness and outreach programmes on biosafety?
This question is relevant to indicator 5.3.1 of the Strategic Plan
  • No
162. Has your country established a biosafety website searchable archives, national resource centres or sections in existing national libraries dedicated to biosafety educational materials?
This question is relevant to indicators 2.5.3 and 5.3.3 of the Strategic Plan
  • No
163. How many collaborative initiatives (including joint activities) on the Cartagena Protocol and other Conventions and processes has your government established in the last 4 years?
This question is relevant to indicator 5.2.1 of the Strategic Plan
  • None
164. Has your country established a mechanism to ensure public access to information on living modified organisms that may be imported?
  • Yes
165. Has your country established a mechanism to consult the public in the decision-making process regarding LMOs?
This question is relevant to indicator 2.5.1 of the Strategic Plan
  • Yes
166. Has your country established a mechanism to make available to the public the results of decisions taken on LMOs?
This question is relevant to indicator 2.5.1 of the Strategic Plan
  • Yes
167. Has your country informed the public about existing modalities for public participation in the decision-making process regarding living modified organisms?
This question is relevant to indicator 2.5.2 of the Strategic Plan
  • Yes
168. If you answered Yes to question 167, please indicate the modalities used to inform the public:
This question is relevant to indicator 2.5.2 of the Strategic Plan
  • National website
  • Newspaper
  • Forums
  • Mailing lists
  • Public hearings
169. If you indicated more than one modality for public participation in question 168, which one was most used?
This question is relevant to indicator 2.5.2 of the Strategic Plan
  • Public hearings
170. Has your country taken any initiative to inform its public about the means of public access to the Biosafety Clearing-House?
  • Yes
171. How many academic institutions in your country are offering biosafety education and training courses and programmes?
This question is relevant to indicator 2.7.1 of the Strategic Plan
  • None
172. Please indicate the number of educational materials and/or online modules on biosafety that are available and accessible to the public in your country:
This question is relevant to indicators 2.7.2 and 5.3.4 of the Strategic Plan
  • 5 or more
173. In the current reporting period, has your country promoted and facilitated public awareness, education and participation concerning the safe transfer, handling and use of LMOs?
  • Yes
174. If you answered Yes to question 173, has your country cooperated with other States and international bodies?
  • Yes
175. In the current reporting period, how many times has your country consulted the public in the decision-making process regarding LMOs and made the results of such decisions available to the public?
  • Never
176. Here you may provide further details on the implementation of Article 23 in your country
The implementation of Article 23 of the Cartagena Protocol is highlighted by Articles 89-96 of the Togolese Law on Biosafety (Title V concerning "public awareness")
To this, several awareness workshops was held at national level for the public through the mass media, workshops, forums, meetings, training of stakeholders by the Government through the Ministry of environment and forest resources.
The ministry has been supported by the WAEMU within the framework of capacity building activities of actors involved in Biosafety management in Togo and restitution workshops in the five economic regions of the country.
Article 24 – Non-Parties
177. Has your country entered into any bilateral, regional, or multilateral agreement with non-Parties regarding transboundary movements of LMOs?
  • No
178. Has your country ever imported LMOs from a non-Party?
  • No
179. Has your country ever exported LMOs to a non-Party?
  • No
183. Here you may provide further details on the implementation of Article 24 in your country:
There is no action taken specifically for non-party States. However, measures taken by the Togolese legislator in the Law No.2009-001 of 6th January, 2009 for biotechnology risks prevention, apply to all users of GMOs, and thus to States Parties and non-Party States as well. During the conclusion of any agreement with a non-Party State, the objectives of the Protocol will be respected.
Article 25 – Illegal transboundary movements
184. Has your country adopted domestic measures aimed at preventing and/or penalizing transboundary movements of LMOs carried out in contravention of its domestic measures to implement this Protocol?
  • No
185. Has your country established a strategy for detecting illegal transboundary movements of LMOs?
  • No
186. In the current reporting period, how many times has your country received information concerning cases of illegal transboundary movements of an LMO to or from territories under its jurisdiction?
If you replied Never to question 186 please go to question 191
  • Never
191. Here you may provide further details on the implementation of Article 25 in your country
There is no action taken specifically for non-party States. However, measures taken by the Togolese legislator in the Law No.2009-001 of 6th January, 2009 for biotechnology risks prevention, apply to all users of GMOs, and thus to States Parties and non-Party States as well. During the conclusion of any agreement with a non-Party State, the objectives of the Protocol will be respected.
Article 26 – Socio-economic considerations
192. Does your country have any specific approaches or requirements that facilitate how socio-economic considerations should be taken into account in LMO decision making?
This question is relevant to indicator 1.7.2 of the Strategic Plan
  • Yes
193. If your country has taken a decision on import, has it ever taken into account socio-economic considerations arising from the impact of the LMO on the conservation and sustainable use of biological diversity?
  • No
194. How many peer-reviewed published materials has your country used for the purpose of elaborating or determining national actions with regard to socio-economic considerations?
This question is relevant to indicator 1.7.1 of the Strategic Plan
  • None
196. Has your country cooperated with other Parties on research and information exchange on any socio-economic impacts of LMOs?
  • No
197. Here you may provide further details on the implementation of Article 26 in your country
The biosafety Law takes into account provisions of Article 26 of the Biosafety Protocol. Therefore, pursuant to Article 31 of the Law, the competent national authority cannot issue a permit unless the import, contained use, processing, intentional introduction into the environment or placing on the market of GMOs and/or their derivatives:
- Is beneficial to Togo and that risks are acceptable or manageable in terms of human and animal health, biodiversity preservation and protection of socio-economic tissue and cultural values;
-Participates in the sustainable use of biological resources;
- Meets the ethical, religious concerns of communities and does not threaten traditional knowledge and technologies.
Similarly, Article 71 stresses that biotechnology risk assessments focus especially on the estimation of the consequences of potential adverse effects on human and animal health, biological diversity, socio-economic tissue and cultural values.  Socio-economic aspects are included in risk assessments.
Article 27 – Liability and Redress
198. Has your country ratified or acceded to the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress?
  • Yes
200. Has your country received any financial and/or technical assistance for capacity-building in the area of liability and redress relating to living modified organisms?
This question is relevant to indicator 2.4.1 of the Strategic Plan
  • Yes
201. Does your country have administrative or legal instrument that provide for response measures for damage to biodiversity resulting from living modified organisms?
This question is relevant to indicators 1.5.2 and 2.4.2 of the Strategic Plan
  • Yes
202. Here you may provide further details on any activities undertaken in your country towards the implementation of the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress
On the 27th September, 2011, Togo signed the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and redress for damage resulting from living modified organism. Further to this signature, it has become necessary to conduct the review of the law No.2009-001 of 6th January, 2009 on Biosafety in order to take into account new provisions and concepts, as well as the new rules enacted by the Protocol on liability and redress in case for damage resulting from the use of LMOs. Togo has ratified that supplementary Protocol in 9th february 2016.
Article 28 – Financial Mechanism and Resources
203. How much additional funding (in the equivalent of US dollars) has your country mobilized in the last four years to support implementation of the Biosafety Protocol, beyond the regular national budgetary allocation?
This question is relevant to indicator 1.2.5 of the Strategic Plan
  • Not applicable
Article 33 – Monitoring and reporting
204. Does your country have in place a monitoring and/or an enforcement system for the implementation of the Cartagena Protocol?
This question is relevant to indicator 3.1.6 of the Strategic Plan
a) Monitoring system:
  • No
b) Enforcement system:
  • Yes
205. Has your country submitted all the previous due National Reports?
  • Yes