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Fourth National Report on the Implementation of the Cartagena Protocol on Biosafety
(NR4)
last updated: 26 Aug 2024
General Information
Person:Mr Joseph Michel FrancoisNational Consultant, IslandLife ConsultancyCaryole Estate RoadAnse Aux Pins, Mahe
, SeychellesPhone: +2482827040,Fax:Email: jfrancoi@intelvision.net,Website:
To view the current National Focal Point information, click
here.
Department of Trade, Department of Agriculture (Animal Health and Livestock Research Division, Border Control and Support Division, Plant Health and Crop Research), Department of Environment (NFP CPB, Biodiversity Conservation & Management Division), Seychelles Parks and Garden Authority (SPGA), Fair Trading Commission (FTC), Department of Health, Public Health Authority (Food Control Unit, Public Health Laboratory, Vector Control Unit), Heath Care Agency (Nutrition Unit, National Pharmaceutical Services Administration), Private Pharmacists, Private Farmers, Ex-CEO of National Biosecurity Agency, University of Seychelles (Unisey), Seychelles Institute of Agriculture and Horticulture (SIAH), Seychelles Bureau of Standards (SBS), Seychelles Fishing Authority (SFA), National Consumer Forum (NATCOF), Trade Department, Seychelles Police (Forensic Department).
EN
01 Jan 2011
31 Dec 2018
Party to the Cartagena Protocol on Biosafety
Yes
EN
Article 2 – General provisions
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
- (1) Mechanisms to operationalise Biosafety in Seychelles (i.e. setting up the institution, development of Biosafety policy, legislations, capacity building and public awareness programmes) were featured in the National Biodiversity Strategy & Action Plans (NBSAP) II - 2015-2020 under Project 8 of the Action Plan; (2) Biosafety and LMOs were specifically addressed as a priority for the country to combat Invasive Alien Species under the Seychelles Biosecurity Policy (under the Scope of the policy), covering the importation of LMOs, conducting Science based risk analysis for Biosecurity decisions in Public Health, Plant and Animal Health, Food safety, Environment; (3) LMO Biosafety was also covered in the Seychelles National Aquaculture Policy 2018-2022 under Policy 2 (The Sustainable Environmental Policy for Aquaculture) which prohibit introduction of GMOs in this industry.
EN
Yes, to some extent
EN
A financing plan was prepared to accompany the NBSAP 2015-2020.
EN
Yes
EN
10 or more
EN
No
EN
During the period of reporting, although there was no comprehensive law place in the country to address all the provisions of the Cartagena Protocol for Biosafety, the main Biosafety concerns when it comes to environment and population safety were integrated as part of the biosecurity framework in Seychelles. The National Biosecurity Agency in Seychelles was the body corporate mandated to address biosafety concerns regarding the importation and exportation of LMOs destined for introduction into the environment, for food consumption, and for Feed and Processing. LMOs/GMOs were covered in the Biosecurity law when it comes to any form of plants and animals' products, or Regulated Articles in the country. The Agency had permanent staff that handled import and export applications, border control, risk assessment and monitoring, emergency response include products involving GMOs/LMOs when applied in a biosecurity context. The Focal Point for Cartagena Protocol in the Department of Environment was also a full-time Government Officer, who was mandated to handle all the administrative functions of Biosafety in terms of receiving notifications, consulting with stakeholders and communication decisions taken, as well as capacity building programmes and public sensitisation.
EN
Article 5 - Pharmaceuticals
No
EN
During the period of reporting, Seychelles did not have specific regulations for LMOs in the field of pharmaceuticals. As customary for all imported medicines, the local authority followed the established international protocols when involving importation of pharmaceuticals (i.e. only those approved by FDA and WHO). However, the national authority reserved its final decision to reject any importation or use of pharmaceuticals that it felt could affect lives in Seychelles, or if there were official reasons to believe that the products were causing unresolved concerns in the medical field.
EN
Article 6 – Transit and Contained use
Yes, to some extent
EN
Provisions under the Animal and Plant Biosecurity Act 2014, applies to all plants and animal products, as well as Regulated Articles have to be declared if destined for Seychelles or in transit in the country.
EN
Yes
EN
No
EN
Although Seychelles does not have specific regulations for LMOs for destined for Transit or Contained use. As part of the biosecurity requirements, if the LMO is a plant or an animal or a product derived from them, or a Regulated Article, it is subjected to biosecurity procedures and if destined for contained use in Seychelles, it requires import permit before entering the country.
EN
Articles 7 to 10 – Advance Informed Agreement (AIA) and intentional introduction of LMOs into the environment
Yes, to some extent
EN
During the period of reporting, all LMOs/GMOs destined for exportation requires an export permit from the Department of Trade, and under the Sanitary and Phytosanitary Agreement (SPS Agreement) requires a certificate to accompany the exportation or any living products regulated under the Animal and Plant Biosecurity Act 2014. However, there were no legal requirement in the country for the exporter to notify in writing the CNA of the Party of Import.
EN
Not applicable (Party currently not exporting LMOs)
EN
No
EN
No
EN
Seychelles' Authority has received only one notification/application during the reporting period for importation of GMO/LMO, but it was for food purposes (pink glow pineapple). It is customary in Seychelles for local residents to grow seeds of fruits, or the propagative part after consumption as part of backyard farming. Thus, there was a potential that such pineapple could easily find it way growing into the natural environment. Thus, the risk of introduction into the environment could not be eliminated.
EN
Article 11 – Procedure for living modified organisms intended for direct use as food or feed, or for processing (LMOs-FFP)
Yes
EN
Yes, to some extent
EN
Seychelles imports about 70% its food consumption, and thus the majority of the food that is placed onto the market are through importation rather than from domestic production. This applies to grains and inputs for local agriculture development. Thus, under, the Animal and Plant Biosecurity Act 2014 under Part IV- Biosecurity Import Procedures under Articles 68-79 has a series of legal requirements for the importation of regulatory articles (where LMOs/GMOs are included) which applies to food or feed or for processing. This includes requirement for the accuracy of the information provided. However, it lacks certain details requirements outlined in Annex II of the Cartagena Protocol.
EN
1 to 4
EN
Yes
EN
1 to 4
EN
Seychelles received a request for introduction of GMO Pink Glow Pineapple in May 2017 through the BCH destined for Food. The National Focal Point for Cartagena Protocol for Biosafety consulted with National Biosecurity Agency (NBA) on the application. The NBA in line with WTO SPS Agreement (Article 5.7) relating to food safety recommended that the Application is denied on the Precautionary Principle basis due to insufficient scientific evidence on the safety of the products, lack of local expertise and national capacity to assess the application and handle GMO monitoring in the country on a moratorium basis (until the country is equipped with technical expertise to conduct such GMO risk assessment, analysis and monitoring in the field). The provisions of Chapter 26 of the CPB have also been used to base the decision on.
EN
Article 12 – Review of decision
Yes, to some extent
EN
The National Biosecurity Agency had a decisions making process which involved a decision making committee and a stakeholders' consultation system (including a Consulting Committee) in place to view and review applications for import and export of plants and animal products and regulated articles, and if there was any need to review an application involving a GMO/LMO, the system would have considered it based on scientific information that existed, on its safety to human health, environment, economy and after carefully consideration of its socio-economic risks versus benefits.
EN
No
EN
During the period of reporting, discussions on Food and Feed safety with regards to GMOs/LMOs started by the relevant national stakeholders with a view to fully address all the safety concerns in the relevant legislations (Mainly Food Act, Fair Trading Act, and possible provisions to list GMOs/LMOs to require special import and export permit under the Customs Management (Prohibited and Restricted Goods) regulations and the Customs Management (Export Permit) Regulations. During the period of reporting GMOs were included under the restricted Goods list for Exportation only, whilst the issues regarding importation were still under discussions.
EN
Article 13 – Simplified procedure
No
EN
No
EN
Article 13 is not being implemented in the country yet.
EN
Article 14 – Bilateral, regional and multilateral agreements and arrangements
None
EN
Seychelles has signed several trade agreements when it comes to trade such as WTO, SPS agreements, CITIES etc.., and Economic Partnership Agreements (EPAs). However, none of them are explicitly for Biosafety.
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
Yes, to some extent
EN
Under the Animal and Plant Biosecurity Act 2014 Part IV Sections 68-79 describe the mechanisms in reference to risk assessments prior to decision making on Regulated articles (which includes GMOs/LMOs). Also, under Section 9(1) of the Act states that: " The Authority may: (a) use the services of laboratories approved for the purpose of testing samples; (b) hire consultants to perform biosecurity risk assessments and to carry out surveys authorised under this Act; (c) hire any person to carry out any treatment or provide any other service necessary for the effective implementation of this Act" . Section 9(3) gives powers to The Minister responsible for Biosecurity to prescribe further procedure for approval of laboratories for testing of samples, consultants for risks assessments and surveys.
EN
10 to 49
EN
No
EN
10 to 49
EN
No
EN
10 to 49
EN
No
EN
No
EN
Yes
EN
Seychelles has been relatively inactive in the implementation of the Catagena Protocol for Biosafety in the period of reporting due to the lack of resources locally and the urgent priority to address Biosecurity in its broader sense in the country. The National Biosecurity framework is now in place and is operating institutionally. Biosafety training in LMOs/GMOs will then be the future focus for national training. Currently only a couple of individuals have benefit for capacity building at international level in the field of GMOs/LMOs both in agriculture fields and laboratory. More of such trainings are required (e.g. in field trails, laboratory techniques to identify/detect and test GMOs/LMOs, to observe the use modern biotechnology in producing GMOs, to visit field agricultural production of GMOs/LMOs, as well as participating in risk assessments or reviews of RA on GMOs/LMOs applications.
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
No
EN
Yes
EN
Yes, to some extent
EN
Under Animal and Plant Biosecurity Act, all Plants and Animals and Regulated Article are subject to quarantine and or containment observations at the appropriate designated facilities of the Department of Agriculture.
EN
Yes, to some extent
EN
In Agriculture, all crops and animals following field or research trials are monitored in the field by Agricultural Officers. So far, there have no request for GMO seeds, or GM animals for commercialisation in the agriculture sector and thus, the efficiency of this monitoring protocol remained untested when it comes to GMOs/LMOs.
EN
No
EN
Seychelles severely lacks the technical capacity and lack the necessary infrastructures to conduct full and thorough risks assessments of GMOs/LMOs. At the moment only few individuals have been trained within the capacity building framework of the protocol to conduct field assessment or to do detection and identification of GMOs/LMOs. I myself was trained in a Biotec laboratory of Gene Ecology in Tromso (Norway) in the early 2000s, but since then, there have been a lot of development and progress in the field of GMOs and Biotechnology and I am no longer up to date with the new and improved techniques being applied. A few personal in the field of Agriculture and Public Health laboratories have been trained in GMOs,DNA sequencing and genetics in general. During the period of reporting there were no laboratories in Seychelles that were equipped to conduct Genetic/DNA testing. However, upon the Covid-19 pandemics, Seychelles received some PCR equipment for effective conduct protein testing, and thus identifying the viruses producing the proteins, as well as DNA testing equipment. Currently, all Forensic DNA tests for the Police Department are being done outside the country using foreign forensic reference laboratories. This is costing the country a large amount of money (as more than 200 Forensic tests are required per year), and considerable delays are encountered to the national legal justice programme.
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.”
No
EN
None
EN
Yes
EN
None
EN
Seychelles is an island nation and thus, does not border directly to any country. The only risk of unintentional transboundary release will be in cargo and aviation transportation vessels which are under strict Biosecurity control at the Ports and Airport. Biosecurity emergency measures are in place for such.
EN
Article 18 – Handling, transport, packaging and identification
Yes, to some extent
EN
The Consumer Protection Act 2010 until it was repealed in 2022, required that all GMO products are labelled, however, there were no references to packaging and conditions of transportation. Currently there are discussions on whether to include a clause in regards to labelling in the draft Food Act (Import and Export of Food) Regulations 2023 or whether to amend the Food Act (Labelling or pre-packaged foods) Regulations 2019 to make sufficient provisions for LMOs/GMO foods.
EN
No
EN
No
EN
As part of other documentation (not specific for LMOs)
EN
No
EN
No
EN
No
EN
No
EN
None
EN
No
EN
1 to 9
EN
No
EN
No
EN
None
EN
During the period of reporting, none of our laboratories were equipped to detect GMOs/LMOs. Following the Covid-19 pandemic, the Public Health laboratory at the Seychelles Hospitals have been equipped to conduct some DNA testing in relation to the Covid-19 virus and its variants.
EN
Article 19 – Competent National Authorities and National Focal Points
Not applicable (only one competent national authority was designated)
EN
Yes, to some extent
EN
The Competent Authority is the National Focal Point and the NFP during the period of reporting was trained to perform the administrative functions required by the Cartagena Protocol on Biosafety.
EN
Yes
EN
However, most of the collaborations have happened at post-period of reporting, whereby the various authorities/institutions are working together to strengthen collaboration.
EN
In Line with the Animal and Plant Biosecurity Act 2014, it is important for the Chief Biosecurity Officer or a designated member within the agency to take the role of a second National Competent Authority to exercise the functions in the CPB in relation to Biosecurity. This needs to be further discussed and decision taken at institutional level.
EN
Article 20 – Information Sharing and the Biosafety Clearing-House (BCH)
Information available but only partially available in the BCH
EN
Information available but only partially available in the BCH
EN
Information not available
EN
Information available and 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 available but only partially available in the BCH
EN
Information available but not in the BCH
EN
Information available but not in the BCH
EN
Information available but only partially available in the BCH
EN
Information not available
EN
Information not available
EN
Information not available
EN
Information not available
EN
During the process of producing this 4th National Report, certain provisions of legislations were identified that are relevant to GMOs/LMOs, but were not known to the Competent Authority, and thus were not featured on the BCH.
Also, due to an oversight, the information regarding the Application/request for importation of Pink Glow Pineapple include decision taken were not placed on BCH. Same will be rectified subsequent to this reporting process.
EN
Yes, to some extent
EN
The country has made the most of the capacity building programmes/webinars of the CPB to strengthen the BCH NFP to perform its administrative functions.
EN
Yes, to some extent
EN
So far, the three portfolios have been vested into one person as function to enable this coordination. when all aspects of Biosafety are fully operationalised, some of the functions may be shared to facilitate effective domestication of the protocol.
EN
Yes, in some cases
EN
No
EN
1 to 4
EN
1 to 9
EN
The National Consumer Forum (NATCOF) has published various articles in local newspapers, and produce leaflets for nationwide distribution during the period of reporting.
EN
Article 21 – Confidential information
No
EN
No
EN
The issue of Confidentiality will be addressed when considering the provisions for liability and redress in the future, based on the provisions of the supplementary protocol.
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
No
EN
No
EN
Seychelles has not been very active in implementing capacity building during this period of reporting.
EN
Article 23 – Public awareness and participation
Yes, to some extent
EN
Public awareness, education and participation was featured in the NBSAP 2015-2020 under Project 8.
EN
No
EN
No
EN
No
EN
No
EN
No
EN
None
EN
1 to 4
EN
No
EN
No
EN
No
EN
None (decisions taken without consultation)
EN
No
EN
Article 23 is yet to be domesticated in Seychelles. Provisions were made to address its implementation in NBSAP II (2015-2020), but this was not materialised. Same will be identified for implementation in NBSAP III.
EN
Article 24 – Non-Parties
No
EN
No
EN
No
EN
Although, the national authorities have not been formally notified of any LMOs in the form of FFP, it may have been imported without prior knowledge due to the lack of public awareness and lack of regulatory framework for Biosafety in the FFP sector.
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”.
Yes, to some extent
EN
Under the Animal and Plant Biosecurity Act 2014, but not specifically for LMOs, rather for all Regulated Articles.
EN
None
EN
The law regulating BIOSECURITY in Seychelles is very comprehensive and contains adequate provisions to penalise illegal transboundary movement of LMOs as a form of biosecurity concern, but however, its practical implementation is more in the field of agriculture, and limited expertise exists for other safeguards.
EN
Article 26 – Socio-economic considerations
No
EN
Yes, always
EN
None
EN
No
EN
Socio-economic considerations when it comes to GMOs is quite considerable in Seychelles, due to the size of the country and its population. Furthermore, Seychelles is a popular tourism destination and most of the visitors come from EUROPE, where the socio-economic concerns of GMOs are quite high, and the EU has a conservative approach when it comes to GMOs.
EN
Article 28 – Financial Mechanism and Resources
1 to 4,999 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 instruments are in place
EN
No
EN
No
EN
No
EN
No
EN
- No
No
EN
Seychelles is yet to implement Nagoya-Kuala Lumpur Supplementary Protocol as Biosafety in the country has not been active during the period when this supplementary protocol has come into force.
EN
Other information
Seychelles despite being classified as a High-Income Country has a narrow national budget which has as primary role to safeguard the national social safety net and promote socio-economic development. GMO-Biosafety despite being regarded as very important to protect the country's fragile ecosystems and human population, was not considered an urgent priority when compared to other environmental sectors such as Invasive Alien Species, Climate Change, Ecosystems and land degradation etc.. Thus, why the domestication of the CPB has been rather slow. Furthermore, the country faces an acute shortage of expertise in the public sector in the field of modern biotechnology and biosafety to drive the process nationally. Seychelles welcomes any assistance it can get in terms of financial, human expertise, technology transfer and capacity building in its endeavour to fully become protocol compliant.
EN
Comments on reporting format
Seychelles has encountered long delays in reporting to the CPB mostly contributed by the limited local capacity, and constraint associated to the Covid-19 pandemic.
EN