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  Home|The N–KL Supplementary Protocol|Text|Article 2   Printer-friendly version

Article 2. Use of terms

  1. The terms used in Article 2 of the Convention on Biological Diversity, hereinafter referred to as “the Convention”, and Article 3 of the Protocol shall apply to this Supplementary Protocol.
  2. In addition, for the purposes of this Supplementary Protocol:
    1. “Conference of the Parties serving as the meeting of the Parties to the Protocol” means the Conference of the Parties to the Convention serving as the meeting of the Parties to the Protocol;
    2. “Damage” means an adverse effect on the conservation and sustainable use of biological diversity, taking also into account risks to human health, that:
      1. Is measurable or otherwise observable taking into account, wherever available, scientifically-established baselines recognized by a competent authority that takes into account any other human induced variation and natural variation; and
      2. Is significant as set out in paragraph 3 below;
    3. “Operator” means any person in direct or indirect control of the living modified organism which could, as appropriate and as determined by domestic law, include, inter alia, the permit holder, person who placed the living modified organism on the market, developer, producer, notifier, exporter, importer, carrier or supplier;
    4. “Response measures” means reasonable actions to:
      1. Prevent, minimize, contain, mitigate, or otherwise avoid damage, as appropriate;
      2. Restore biological diversity through actions to be undertaken in the following order of preference:
        1. Restoration of biological diversity to the condition that existed before the damage occurred, or its nearest equivalent; and where the competent authority determines this is not possible;
        2. Restoration by, inter alia, replacing the loss of biological diversity with other components of biological diversity for the same, or for another type of use either at the same or, as appropriate, at an alternative location.
  3. A “significant” adverse effect is to be determined on the basis of factors, such as:
    1. The long-term or permanent change, to be understood as change that will not be redressed through natural recovery within a reasonable period of time;
    2. The extent of the qualitative or quantitative changes that adversely affect the components of biological diversity;
    3. The reduction of the ability of components of biological diversity to provide goods and services;
    4. The extent of any adverse effects on human health in the context of the Protocol.