Theme 1: Existing standards and standard-setting bodies

Two questions regarding paragraph 110 of the background document (UNEP/CBD/BS/ONLINECONF-HTPI/1/2, 27 April 2009):

Q.1 Why Hudson Bay and Pacific ports are excluded from LCTA and NAEGA contracts?
Both are ports of Canada, I presume (see http://www.worldatlas.com/webimage/countrys/canada.htm).

Q.2 What implications will this have on Canada/IMO regarding the Arctic Ocean passage in the near future of international surface transport?

Thank you in advance to whoever can spare time and takes the initiative to answer these. My interest is in the context of implications for IMO agreements (Conventions, Protocols, Annexes, etc.).

Later today and if possible, I shall submit more questions and comments/suggestions/ideas for consideration of both Parties and the Secretariat to stimulate some discussion in these last two days.

From: gunasutra@yahoo.in

This message is posted on behalf of Gary Martin, who is with the NAEGA (North American Export Grain Association) and is a participant in the Forum:

No such exclusion of the use of the NAEGA 2 model contract or any of its terms exists.  Some of the terms in the model contract are specific to North America. Last I knew both Hudson Bay and some “Pacific Ports” are in North America.   In fact the NAEGA 2 provides for a specific to Hudson Bay.

In practice commercial contracts most often contain many conditions specific to the private contract. The NAEGA 2 model provides many sections that accommodate these contract specific agreements. 

Importantly the NAEGA 2 model contract does not set a standard for quality or other attributes that are intrinsic to the grain in the shipment.  This question I believe somehow implies the model contract sets such a standard. Normally these standards are created by governments or industry trade associations and shipments are inspected by governments or third party inspection companies. Usually the basic standards are established in countries of export as they reflect quality criteria inherent in specific geographic areas. But the contracts also often incorporate specific quality requirements desired by the importer. As products produced from modern biotechnology entered the commercial industry 15 years ago, they were incorporated into the international commercial grain standard / grading systems.
 
The NAEGA 2 contract is a model and many its provisions are used in F.O.B contracts in regions and ports around the world.  The model is protected by US copyright law but is made available for use to the general public.  Parties have other options and including models they may use with respect to contract terms.

I am very concerned with that a lack of understanding of the practicalities of the development of a new international standard for products produced through modern biotechnology under Article 18.3 could create a regime that inhibits trade and utilization of crop biotechnology as well as other production practices . This would be dramatically negative to the sustainable provision of food, energy and economic security at a time when economies are already challenged by the increasingly scarce resources of land and water and a rapidly expanding global population for which agriculture and trade hold so much promise and potential.

We would be very pleased to participate in educational and communications opportunities to provide detailed information on the effectiveness and use of existing standards and practice employed within the international grain trading system.

Gary C. Martin

Dear Gary C. Martin,

What are your major concerns? Why not list them here so we can clearly understand the issues better? Thank you in advance for doing so.

I presume that your message(http://bch.cbd.int/onlineconferences/theme1_art18.shtml?threadid=1136) is in response to the questions I asked about what is stated in paragraph 110 of the background document (UNEP/CBD/BS/ONLINECONF-HTPI/1/2, 27 April 2009) although it does not directly answer my questions.

Or is it that I do not understand what you answered, not in the interest/context in which I asked those questions (w.r.t. Canada and IMO)?

From: gunasutra@yahoo.in