Consideration of other issues
necessary for the effective implementation of the Protocol (e.g.
Article 29, paragraph 4)
The Conference of the Parties serving as the meeting of the
Parties to the Cartagena Protocol on Biosafety,
Noting the range of mechanisms recommended by the
Intergovernmental Committee for the Cartagena Protocol on Biosafety
to be utilized, as appropriate, for the purpose of considering, and
clarifying scientific and technical issues associated with the
implementation of the Protocol;
Recognizing the difficulty involved in building a
common view on what scientific and technical issues may need to be
addressed at this stage, in order to enhance the effective
implementation of the Protocol by creating a common understanding
and approach to these issues;
Recognizing further the need for and the advantages of
developing and implementing various tools such as common formats,
guidance documents, and frameworks for harmonized or common
approaches, with regard to several scientific and technical
concepts and requirements included in the Protocol,
1. Decides to use, as appropriate, all mechanisms
available for considering scientific and technical issues arising
from the Protocol, and formulating consensual views and common
guidance necessary for the effective implementation of the
Protocol. These mechanisms include:
a) The meetings of the Conference of the Parties serving as the
meeting of the Parties to the Protocol;
b) The monitoring and reporting process in accordance with
Article 33;
c) Subsidiary bodies established in accordance with Article 30
and/or Article 29 paragraph 4 (b);
d) Inter-sessional activities;
e) The services and cooperation of and information provided by
international organizations and intergovernmental and
non-governmental bodies with competence in biosafety issues;
f) Periodic assessment and review of the Protocol and its
annexes and adoption of amendments, in accordance with Article
35;
g) Compliance procedures and mechanisms established in
accordance with Article 34;
h) The biosafety roster of experts;
i) The Biosafety Clearing-House;
J) The decision-making procedures and mechanism, for paragraph 7
of Article 10;
k) Regional networks and centres of excellence with competence
in biosafety issues; and/or
l) Visits, and other informal liaison and exchange of views;
2. Decides to consider, at its third meeting, the need
for designating or establishing a permanent subsidiary body that
provides the Conference of the Parties serving as the meeting of
the Parties to the Protocol with timely advice on scientific and
technical issues arising in relation to the implementation of the
Protocol;
3. Adopts the guidance on transboundary movement of
LMOs with non-Parties annexed to the present decision;
4. Invites Parties, other Governments, and relevant
international organizations to submit their views to the Executive
Secretary, not later than six months prior to the second meeting of
the Conference of the Parties serving as the meeting of the Parties
to the Protocol, on what other scientific and technical issues may
need to be addressed as a matter of priority in order to formulate
common approaches towards these issues and to promote the effective
implementation of the Protocol, for inclusion in a synthesis report
to be considered by the second meeting of the Conference of the
Parties serving as the meeting of the Parties to the Protocol;
5. Requests the Executive Secretary to collect and
collate existing guidance materials regarding risk assessment and
risk management of living modified organisms for consideration by
the second meeting of the Conference of the Parties serving as the
meeting of the Parties to the Protocol, and invites
Parties, other Governments and relevant international organizations
to provide relevant information to the Executive Secretary , not
later than six months prior to the second meeting of the Conference
of the Parties serving as the meeting of the Parties to the
Protocol, for inclusion in this report.
Annex
GUIDANCE ON THE TRANSBOUNDARY
MOVEMENT OF LIVING MODIFIED ORGANISMS BETWEEN PARTIES AND
NON-PARTIES
Recalling Article24 of the
Protocol, which requires that transboundary movements of LMOs
between Parties and non-Parties be consistent with the objective of
the Protocol and that Parties encourage non-Parties to adhere to
the Protocol,
Acknowledging that the achievement of the objective of
the Protocol depends not only on the compliance of Parties to the
Protocol, but also on good faith participation and wide cooperation
of States non-Parties to the Protocol with Parties, in particular
as regards information sharing through the Biosafety
Clearing-House,
Recognizing the need to keep non-Parties informed of
the process of implementation of the Protocol on the one hand, and
to take into account their views as regards transboundary movement
of LMOs between Parties and non-Parties, on the other,
Recalling the relevant provisions of the Convention on
Biological Diversity, in particular Articles 8 (g), which
requires each Party to the Convention to regulate, manage and
control the risks associated with LMOs, and Article 19, paragraph 4
which calls upon each Party to the Convention to ensure the
provision of available information, regarding the use, potential
adverse impact and safety of these organisms, to another Party into
which the organisms are intended to be introduced,
Recognizing the need for and advantages of providing
general guidance to Parties to the Protocol on how to handle
transboundary movements of LMOs with non-Parties in ensuring a
coherent approach in the implementation of Article 24 of the
Protocol and facilitatingthe
participation of non-Parties in the Protocol process,
The Conference of the Parties serving as the meeting of the
Parties to the Cartagean Protocol on Biosafety
1. Recommends that each Party to the Protocol
should:
2. Notify or ensure prior notification of exports of LMOs to
non-Parties, as applicable, and make available to them information
as required by the Protocol;
3. Encourage and assist, as appropriate, non-Parties to make
informed decisions regarding imports of LMOs consistent with the
objective of the Protocol;
4. When exporting LMOs to non-Parties, ensure that risk
assessment is carried out, in accordance with the provisions of the
Protocol;
5. Apply its domestic regulatory framework consistent with the
Protocol, or the advanced informed agreement procedure of the
Protocol, or a comparable procedure, as appropriate, in importing
LMOs from a non-Party;
6. Protect confidential information received from non-Parties in
relation to transboundary movements of LMOs;
7. Monitor and report, in accordance with Article 33 of the
Protocol transboundary movements with non-Parties, including
difficulties encountered or best-practices identified and
implemented;
8. Encourages non-Parties to:
(a) Ratify, accept, approve or accede to the Protocol;
(b) Cooperate with Parties in their efforts to achieve the
objective of the Protocol;
(c) Adhere to the provisions of the Protocol, in particular
those regarding the advance informed agreement procedure; risk
assessment; risk management; and handling, transport, packaging and
identification of LMOs, on a voluntary
basis;
(d) Make available to the Biosafety Clearing-House information
required under the Protocol, especially that under Article 11,
paragraph 1, Article 17, and Article 20, paragraph 3;
(e) Participate in capacity-building activities designed and
implemented to promote the effective implementation of the
Protocol;
(f) Inform the Secretariat of its competent national authorities
and national focal point;
9. Requests the Executive Secretary to:
(a) Facilitate the participation of non-Parties in the process
of the Protocol, in accordance with the appropriate rules of
procedure;
(b) Compile and disseminate information on cooperative
undertakings between Parties to the Protocol and non-Parties in
promoting the effective implementation of the Protocol.
