Options for implementation of Article 8
The Conference of the Parties serving as the meeting of the
Parties to the Cartagena Protocol on Biosafety,
Recalling Article 8 of the Protocol,
Recalling also decision BS-I/12 on the medium-term
programme of work which requires, at the second meeting of the
Conference of the Parties serving as the meeting of the Parties to
the Convention, consideration of options for implementation of
Article 8 with respect to requirements by a Party of export to
ensure notification and the accuracy of information contained in
notification by the exporter,
Recognizing the need to provide guidance to Parties on
implementing notification requirements spelled out in Article 8 of
the Protocol,
Noting that, pursuant to decision BS-I/9 on monitoring
and reporting, Parties are requested to submit interim national
reports on implementation of the Protocol no later than 11
September 2005 in which more information on national implementation
of the advanced informed agreement procedure will become
available,
Recalling also Articles 6 and 7 of the Protocol,
1. Decides to keep the item on notification referred to
in decision BS-I/12 under review with a view to elaborating and
developing, if appropriate, at its fourth meeting, modalities of
implementation with respect to notification requirements under
Article 8 of the Protocol, taking into account the information on
national implementation and experiences on this matter gathered
through interim national reports and the Biosafety
Clearing-House;
2. Recommends to Parties to the Protocol to consider
elements and options relevant to Article 8 of the Protocol, as well
as the following elements, pending development of modalities
referred to in paragraph 1 above:
(a) Applying necessary measures to enforce the notification
requirements;
(b) Requiring the exporter to use the language as determined by
the Party of import in the notification;
(c) Acknowledging the right of a Party of transit to regulate
the transport of living modified organisms through its territory,
including requiring communication in writing to the competent
national authority of the Party of transit if so required by the
regulations of that Party of transit.