State of Palestine | BCH-NR4-PS-258389 | Fourth National Report on the Implementation of the Cartagena Protocol on Biosafety | Biosafety Clearing-HouseBiosafety Clearing-HouseThe Biosafety Clearing-House/en/
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Article 2 requires each Party to take the necessary and appropriate legal, administrative and other measures to implement its obligations under the Protocol
National measures are partially in place
EN
Other laws, regulations or guidelines that indirectly apply to biosafety
Yes
EN
No
EN
No
EN
The existing Palestinian By-laws, regulations and legislations that indirectly apply to biosafety have been surveyed, identified and summarized in the Palestinian national framework for biosafety (NBF) which is almost in the final stage of completion.
EN
Article 5 - Pharmaceuticals
No
EN
There are no biosafety regulations for the transboundary movement, handling or use of LMOs which are pharmaceuticals to humans. However, a Draft Action Plan for the development of Biotechnology and Biosafety policy in Palestine has been proposed in the NBF. In statement 5 of this policy, the government has to facilitate the investments leading to broader application and commercialization of modern biotechnology including pharmaceuticals. Meanwhile, the existing biosafety regulations for GMOs/LMOs and products thereof apply to pharmaceuticals derived from LMOs. If extra biosafety regulations for this purpose are to be needed, they shall be established in cooperation with the related stakeholders, mainly the Ministry of Health.
EN
Article 6 – Transit and Contained use
No
EN
No
EN
No
EN
The country has not encountered cases related to the transit or contained uses of LMOs yet. However, regulation mechanisms for such cases have been proposed in the developing Palestinian NBF.
EN
Articles 7 to 10 – Advance Informed Agreement (AIA) and intentional introduction of LMOs into the environment
No
EN
Not applicable (Party currently not exporting LMOs)
EN
No
EN
No
EN
Palestine has not yet officially approved the import of GMOs/LMOs for any purpose.
EN
Article 11 – Procedure for living modified organisms intended for direct use as food or feed, or for processing (LMOs-FFP)
No
EN
No
EN
None
EN
No
EN
None
EN
The regulation for the implementation of Article 11 is proposed in the NBF. An administrative system has been proposed by the EQA including the National Biosafety Committee. In cases of inadequate scientific certainty on potential adverse effects of LMOs, it will not be allowed for transboundary movement or for direct uses as food, feed, or processing.
EN
Article 12 – Review of decision
Yes, to some extent
EN
Proposed
EN
No
EN
No decisions have been made yet. But a mechanism for the review and change of a decision regarding an intentional transboundary movement of LMOs are covered in the proposed bylaw on biosafety under Article 3.
EN
Article 13 – Simplified procedure
No
EN
No
EN
No simplified procedures are established since it is planned that all applications must follow the proposed path of approval process for the decision-making.
EN
Article 14 – Bilateral, regional and multilateral agreements and arrangements
None
EN
Such agreements are welcomed upon the implementation of NBF in Palestine.
EN
Articles 15 & 16 – Risk Assessment and Risk Management
Yes
EN
For imports of LMOs for intentional introduction into the environment
For imports of LMOs intended for direct use as food or feed, or for processing
For decisions regarding domestic use, including placing on the market, of LMOs that may be subject to transboundary movements for direct use as food or feed, or for processing
For imports of LMOs for contained use
None
EN
None
EN
None
EN
No
EN
Yes
EN
Proposed in NBF Palestine needs to identify national experts in risk assessment and risk management, if any. Otherwise, cooperation with other countries to acquire the expertise is a must.
EN
Yes
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
Yes, to some extent
EN
Proposed in the NBF
EN
No
EN
The mechanisms for conducting risk assessment and risk management have been proposed in the NBF. No application for risk assessment or risk management had been received.
EN
Article 17 – Unintentional transboundary movements2 and emergency measures
2 In accordance with the operational definition adopted in decision CP-VIII/16, “‘Unintentional transboundary movement’ is a transboundary movement of a living modified organism that has inadvertently crossed the national borders of a Party where the living modified organism was released, and the requirements of Article 17 of the Protocol apply to such transboundary movements only if the living modified organism involved is likely to have significant adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, in the affected or potentially affected States.”
Yes, to some extent
EN
Proposed measures in the NBF
EN
None
EN
Yes
EN
None
EN
EQA is the contact authority in cases of unintentional transboundary movements. There contact information as well the proposed emergency measures will be submitted to the BCH upon getting an access.
EN
Article 18 – Handling, transport, packaging and identification
Yes, to some extent
EN
Proposed in the NBF
EN
Yes, to some extent
EN
Proposed in the NBF
EN
Yes, to some extent
EN
Proposed in the NBF
EN
Documentation specific for LMOs
EN
Yes, to some extent
EN
Proposed in the NBF
EN
Yes, to some extent
EN
Proposed in the NBF
EN
No
EN
Yes, to some extent
EN
Proposed in the NBF
EN
None
EN
No
EN
None
EN
Yes
EN
None
EN
Biosafety regulations, policies, bi-law proposed in the NBF include the import of GMOs and products thereof. Any importing party must follow the procedures and standards for safe handling and packing of GM materials. A record of all local or international movements of GMOs/LMOs and products thereof must be kept. The EQA and NBC shall be informed about all movements, usage, and storage of GMOs/LMOs. Sampling and detection methods and facilities shall be installed.
EN
Article 19 – Competent National Authorities and National Focal Points
No
EN
No
EN
No
EN
A member of the EQA, is responsible for the coordination of the focal point activities. Competent national authorities including the ministries of agriculture and health as well as academic and research institutions have participated in developing the NBF through participation in the biosafety workshops, response to surveys, and being part of the NBC.
EN
Article 20 – Information Sharing and the Biosafety Clearing-House (BCH)
Information available but not in the BCH
EN
Information available but not in the BCH
EN
Information not available
EN
Information available but not in the BCH
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
Palestinian Biosafety Clearing House Mechanism is under development. The emerging information related to GMOs/LMOs and products thereof would be submitted after getting an access for the Pal-BCH. Sharing this information with all related stakeholders will be facilitated. Indeed, the stakeholders have been introduced to the BCH website in one of the biosafety workshops organized as part of developing the NBF. The existing biosafety legislations and regulations, the proposed by-law on biosafety as well as the focal point contact details are part of the established NBF which will be submitted to the BCH upon getting an access.
EN
No
EN
No
EN
Not applicable (no decisions were taken)
EN
Yes
EN
We still do not have access to it.
EN
1 to 4
EN
None
EN
The developing NBF includes proposed mechanism of regional harmonization of biosafety implementation in Palestine and the sub-regional countries. The harmonization mechanisms emphasize the role of establishing a national BCH and the coordination among the BCH, the focal point following CPB.
EN
Article 21 – Confidential information
Yes, to some extent
EN
Proposed in the NBF
EN
In some cases only
EN
The proposed by-law, Article 3, paragraph 6 states that certain items of the applicants will be confidential following a written request by the applicant and approval by the EQA. Other information, defined in the bi-law, cannot be treated as confidential under any case. If the applicant has a reasonable justification to identify information that is to be treated as confidential, the responsible authorities (EQA, NBC, focal point) will approve his formal request. The confidential information will not be shared with irrelevant individuals or organizations.
EN
Article 22 – Capacity-building
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
Yes
EN
Institutional capacity and human resources
Integration of biosafety in cross-sectoral and sectoral legislation, policies and institutions (mainstreaming biosafety)
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
Sampling, detection and identification of LMOs
Socio-economic considerations
Implementation of the documentation requirements for handling, transport, packaging and identification
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
Liability and redress
Yes
EN
No
EN
EQA applied for GEF funds for national reporting i.e. to prepare the fourth national report on biosafety and other reports and strategies like NBSAP to the CBD. For political reasons, the application has been rejected many times.
EN
Article 23 – Public awareness and participation
Yes, to some extent
EN
proposed action plan in the NBF and the awareness and capacity building of the NBF
EN
No
EN
Yes, to some extent
EN
Proposed in the NBF
EN
No
EN
No
EN
No
EN
1 to 4
EN
No
EN
None
EN
Yes, to some extent
EN
Proposed in the NBF
EN
No
EN
Not applicable (no decisions were taken)
EN
No
EN
Mechanisms for the public participation and education has have been proposed in the NBF
EN
Article 24 – Non-Parties
No
EN
No
EN
No
EN
Article 25 – Illegal transboundary movements3
3In accordance with the operational definition adopted in decision CP VIII/16, “‘Illegal transboundary movement’ is a transboundary movement of living modified organisms carried out in contravention of the domestic measures to implement the Protocol that have been adopted by the Party concerned”.
No
EN
None
EN
IN Palestine we don't have the capacity to identify LMO's at the Borders , therefore illegall transboundary movements might not be detected, capacity building mechanisms have been proposed in the NBF
EN
Article 26 – Socio-economic considerations
No
EN
Not applicable (no decisions were taken)
EN
None
EN
No
EN
Article 28 – Financial Mechanism and Resources
50,000 to 99,999 USD
EN
Article 33 – Monitoring and reporting
Article 33 requires Parties to monitor the implementation of its obligations under the Cartagena Protocol and to report to the Conference of the Parties serving as the meeting of the Parties to the Cartagena Protocol on measures taken to implement the Protocol
No
EN
Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress
Parties to the Cartagena Protocol that are not yet Party to the Supplementary Protocol are also invited to respond to the questions below
No
EN
No
EN
No measures have yet been taken
EN
No
EN
No
EN
No
EN
No
EN
No
No
EN
Other information
Lack of financial resources mainly from GEF to implement the proposals of the developing NBF and to implement the CPB, and the lack of adequate number of national experts mainly in the field of risk assessment and management.
EN
Comments on reporting format
We did not have an access to the online reporting tool. We requested one from the secretariat of the BCH. Until now, we did not receive an access. Therefore, we prepared the fourth national report on biosafety on a Microsoft word template. The BCH secretariat should provide prompt and reasonable justification of the delay in providing the state of Palestine, who is a signed member of the CBD/CPB, such an access.
