CARTAGENA PROTOCOL ON BIOSAFETY Protocol to the Convention on Biological Diversity Art. 8(g): Establish or maintain means to regulate, manage or control the risks associated with the use and release of living modified organisms resulting from biotechnology which are likely to have adverse environmental impacts that could affect the conservation and sustainable use of biological diversity, taking also into account the risks to human health. Art. 19(3): . . . consider the need for and modalities of a protocol setting out appropriate procedures, including, in particular, advance informed agreement, in the field of the safe transfer, handling and use of any living modified organism resulting from biotechnology that may have adverse effect on the conservation and sustainable use of biological diversity.

HISTORY • CBD COP I : Establish Open-ended Ad Hoc Working Group of Experts on Biosafety (Exp.BSWG) • CBD COP II: Decision II/5 established Open-ended Ad Hoc Working Group on Biosafety (BSWG) • BSWG-1 (1996): Negotiations begin • BSWG-6 & ExCOP 1 (February 1999): Negotiations derail • Resumed ExCOP 1 (January 2000): Negotiations concluded • CBD COP V (June 2000): CPB adopted

OBJECTIVES OF CPB …... contribute to ensuring an adequate level of protection in the fields of: • safe transfer • safe handling (including development, transport & release) • safe use of living modified organisms (LMO’s) resulting from modern biotechnology (3rd generation), taking into account risks to human health, and specifically focusing on transboundary movements

CPB PROVISIONS • Scope includes all LMO’s but excludes pharmaceuticals Advance notification to importing party (Annex I & III information) • Advance informed agreement (AIA) - Timeframes • Simplified procedure - movement with notification - exemptions • AIA for LMO-FFP’s - information sharing on BCH (Annex II & Annex III) - legal requirement for accuracy of information • Legislative measures to ensure effective implementation • Designation of focal point, competent authority(ies), BCH

ACCESSION TO CPB: IMPLICATIONS • EXISTING & DEVELOPING LEGISLATION - GMO Act (Act 15 of 1997) - Foodstuffs, Cosmetics & Disinfectants Act (Act 54 0f 1972) • CAPACITY AND RESOURCE COMMITMENT • INFORMATION MANAGEMENT (cf. proprietary information) • BIOTECHNOLOGY DEVELOPMENT AND USE (cf. Biotechnology Strategy) • INTERNATIONAL TRADE (also non-Parties) • COMPLIANCE AND LIABILITY

CURRENT STATUS OF CPB • > 170 Countries negotiated • Open for signature June 2000 - June 2001 • Enters into force 90 days after 50th ratification (or 90 days after individual ratification/accession) • 10 Ratifications/accessions to date