Ask an Expert: United Nations Recommendations on the Transport of Dangerous Goods, Model Regulations

1)Since the Cartagena Protocol on Biosafety applies to all GMOs that may have adverse effects on biological diversity(paragraph 2.9.21(c)),could the scope of class 9 of the model regulations be considered as overlapping with the Protocol? Should the model regulations be therefore the right place to have the discussion on standards that may be required for LMOs shipment?

2)How can the  overlapping of the model law with the protocol be avoided?
Rufus Ebegba,
Nigeria

Rufus,
I do not think that there is any overlap. Article 18 of the Protocol specifies that each Party shall take necessary measures to require that LMOs that are subject to international transboundary movement within the scope of the Protocol are handled, packaged and transported under conditions of safety, taking into consideration relevant international rules and standards. The UN Model Regulations on the Transport of Dangerous Goods contain relevant rules in this respect, which are made of mandatory application through certain legally binding instruments such as the International Maritime Dangerous Goods Code for sea transport, the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air for air transport, and certain regional agreements such as ADR, RID and ADN for international transport by road, rail or inland waterways. The rules contained in the UN Model Regulations are not static, they are updated as necessary every two years, and all relevant international organizations may participate in the debates to make sure that their eventual concerns are duly taken into account. For example the rules concerning transport of infectious substances have been developed in very close cooperation with WHO, those concerning radioactive material in cooperation with IAEA, and any input from the secretariat of the Convention on Biological Diversity as regards LMOs would be duly considered and taken into account if the current rules were not deemed adequate. What is important is that those involved in transport operations, in particular the carriers, can easily find the rules they have to comply with in a document which contains consistent regulations, and for maritime transport for example it is the IMDG Code which is available on board any ship