The country has a draft biosafety law prepared, that need to be revised and approved by the Council of Ministers before implementation. However, some approved decrees allow for some control over biosafety issues. These include Decree-Law No. 8/2022 of January 6, which establishes measures for the conservation and protection of species of flora and fauna that are subject to special protection as components of Cape Verde's biodiversity and natural heritage; Decree-Law No. 5/2016 of January 16, which establishes the general regime for the production, certification, commercialization, import, export, and inspection of seeds and seedlings in the national territory; Law No. 30/VIII/2013, which establishes standards for animal health safety, animal health, environmental health, products of animal origin, and public veterinary health, among others

According to Presidential Decree No. 22 of 2013, the Independent Health Regulatory Authority (ERIS) is the national institution responsible for regulating the cross-border movement, handling, and use of all pharmaceutical products, including LMOs. According to Deliberation No. 06/2016, ERIS In the requirements for the dossier for market authorization, it demands the submission of a copy of the written consent from the Competent Authority for the release of Genetically Modified Organisms (LMOs) into the environment, for medications that contain or consist of LMOs. The application must include an Environmental Risk Assessment (ERA) report, which should address the environmental risk associated with the release of medicines containing or consisting of Genetically Modified Organisms (LMOs). This report should include, whenever possible, proposed measures for risk limitation.

As the country has not implemented biosafety legislation, the provisions outlined in the proposal are not yet being enforced. However, Decree-Law No. 8/2022 of April 6th establishes that: "1- The environmental authority shall ensure the prevention of environmental risks or risks to public health resulting from trials or release of genetically modified organisms. 2- Trials or release of genetically modified organisms shall be subject to authorization and possible monitoring by the environmental authority, which may, in case of potential risk, require the submission of an environmental impact study prior to authorization."

The country has a law (Law No. 30/VIII/2013) that defines the rules for the importation of phyto and zoosanitary products, requiring the declaration of characteristics for everything entering the national territory. Only products that receive certification will be allowed to enter. Regarding exportation, the country does not export OVM.

The draft biosafety legislation provides for the article's implementation mechanisms, however, as it has not yet been approved, it is not possible for services to implement these mechanisms.

Despite the non-implementation of biosafety legislation, there are other legal mechanisms in place to help minimize the risks associated with the introduction of GMOs for domestic consumption, both for human and animal food (feeding and processing). Decree-Law No. 5/2016, regulates the production, certification, commercialization, importation, exportation, and supervision of seeds and seedlings within the national territory. Furthermore, there are regulations in place for the importation of phyto and zoosanitary products. These laws establish rules for the importation and introduction of any type of organism into the country. Law No. 30/VIII/2013, These laws establish rules for the importation and introduction of any type of organism into the country.

This procedure does not apply due to lack of regulation.

No agreements have been identified on this matter. However, despite the country not having entered into any bilateral, regional, or multilateral agreements regarding intentional transboundary movements of LMOs, Cabo Verde has international agreements and treaties that may be directly or indirectly related to the regulation of LMOs. The most relevant ones include the Codex Alimentarius and agreements within the World Trade Organization (WTO), such as the General Agreement on Tariffs and Trade (GATT), the Sanitary and Phytosanitary Agreement (SPS), and the International Plant Protection Convention (IPPC).

In the country, regimes for the assessment and management of risks associated with the introduction of genetically modified organisms (LMOs) have not yet been established. However, there are other regulations that require environmental impact assessment associated with the introduction of new exotic species into the environment, including LMOs. The Regulation on Environmental Impact Assessment approved by Decree-Law No. 29/2006 establishes the legal framework of Environmental Impact Assessment (EIA) for public or private projects that may have effects on the environment. In its preamble, it emphasizes that environmental impact studies "must always be evaluated not only to ensure species diversity and conserve ecosystem characteristics as irreplaceable natural assets but also as a means of protecting human health and promoting the quality of life of communities." Decree-Law No. 8/2022 of April 6th, which establishes measures for the conservation and protection of species of flora and fauna. In its Article 14, "Biological Safety is addressed: 1- The environmental authority shall ensure the prevention of environmental risks or risks to public health resulting from trials or release of genetically modified organisms. 2- Trials or release of genetically modified organisms shall be subject to authorization and possible monitoring by the environmental authority, which may, in case of potential risk, require the submission of an environmental impact study prior to authorization. 3- In case of damage caused by unauthorized trials or release of genetically modified organisms, the responsible party is obligated to repair the damage caused and may also be subject to fines or criminal penalties if there was intent to conceal."

There are no records of unintentional transboundary release of LMOs in the country.

The draft of the legal framework on biosafety in Cabo Verde presents proposals for necessary measures to ensure that during intentional transboundary movements of LMOs, they are handled, packaged, and transported under conditions of safety, taking into account the rules and standards required in the protocol.

The drafts of the National Biosafety Framework (NBF) and legislation propose a singular National Authority (CNA) responsible for executing the administrative functions mandated by this Protocol and authorize it to act on behalf of those functions. Cabo Verde has appointed a focal point for the Cartagena Protocol and BCH, who collaborates with other focal points, including the CBD focal point, as well as relevant services such as inspection and customs services, ERIS, the Directorate General of Agriculture and Livestock, the National Environment Directorate, the National Fisheries Directorate, and the university.

All information regarding the importation of any product, whether animal or vegetable, is available at the General Directorate of Agriculture, the institution responsible for authorizing and certifying entry into the country. However, since the biosafety legislation has not been approved, the services do not compile or notify through the BCH. Additionally, the country did not have a focal point for the Biosafety Clearing-House (BCH).

Currently, there is already a BCH focal point, and technicians from different services are being trained

There is no mechanism in place to receive any type of information under the protocol due to the lack of specific legislation.

Cape Verde has benefited from GEF funding from the UNEP-GEF BCH3 project; however, the project was regional, so there is no national experience for direct access to the fund for biosafety capacity building.

No records of importing LMOs from any non-party countries were found.

No illegal movement of LMOs was recorded

Not applicable as there have been no requests for the importation of LMOs and no evaluations have been conducted.

Cabo Verde is not yet a party to the supplementary protocol Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress.

By adhering to the Cartagena Protocol on Biosafety (CPB), the country undertook a significant commitment regarding the institutional changes necessary to address the challenges of modern biotechnology and biosafety. However, these institutional changes have been limited to the development and attempted implementation of the National Biosafety Legal Framework, which has not yet been approved. This lack of approval for the NBLF represents a significant obstacle to effective decision-making and implementation regarding the management of genetically modified organisms (LMOs), especially concerning their entry, circulation, and evaluation of the impacts of their release into the environment. Although relevant references in legislation concerning biosafety and LMOs have been identified, such as the 2022 Fauna and Flora Law addressing the confined use and release of these organisms, along with the requirement for environmental impact assessments, it is evident that there are still gaps and challenges to be overcome. Furthermore, regulations requiring impact assessments for pharmaceuticals or clear labeling for genetically modified foods are important steps. However, there is still a lack of clear differentiation and effective oversight between genetically modified and non-modified products, especially in border control for phytosanitary and zoo sanitary products, limiting the country's ability to fulfill its international obligations regarding biosafety. There is also a significant challenge in terms of knowledge and capacity-building in the field of biosafety, particularly in risk assessment. Additionally, the lack of laboratories for detecting LMOs exacerbates these challenges.

Since there isn't specific approved legislation, compiling all the legal mechanisms that indirectly address the country's responsibilities under the biosafety protocol posed the greatest challenge in preparing the report.