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  Home|The N–KL Supplementary Protocol|Text|Article 5   Printer-friendly version

Article 5. Response measures

  1. Parties shall require the appropriate operator or operators, in the event of damage, subject to any requirements of the competent authority, to:
    1. Immediately inform the competent authority;
    2. Evaluate the damage; and
    3. Take appropriate response measures.
  2. The competent authority shall:
    1. Identify the operator which has caused the damage;
    2. Evaluate the damage; and
    3. Determine which response measures should be taken by the operator.
  3. Where relevant information, including available scientific information or information available in the Biosafety Clearing-House, indicates that there is a sufficient likelihood that damage will result if timely response measures are not taken, the operator shall be required to take appropriate response measures so as to avoid such damage.
  4. The competent authority may implement appropriate response measures, including, in particular, when the operator has failed to do so.
  5. The competent authority has the right to recover from the operator the costs and expenses of, and incidental to, the evaluation of the damage and the implementation of any such appropriate response measures. Parties may provide, in their domestic law, for other situations in which the operator may not be required to bear the costs and expenses.
  6. Decisions of the competent authority requiring the operator to take response measures should be reasoned. Such decisions should be notified to the operator. Domestic law shall provide for remedies, including the opportunity for administrative or judicial review of such decisions. The competent authority shall, in accordance with domestic law, also inform the operator of the available remedies. Recourse to such remedies shall not impede the competent authority from taking response measures in appropriate circumstances, unless otherwise provided by domestic law.
  7. In implementing this Article and with a view to defining the specific response measures to be required or taken by the competent authority, Parties may, as appropriate, assess whether response measures are already addressed by their domestic law on civil liability.
  8. Response measures shall be implemented in accordance with domestic law.