1. DEPARTMENT: AGRICULTURE CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL DIVERSITY By Shadrack R. Moephuli (Dr.) Registrar: GMO Act 5 August 2003

2. DEPARTMENT: AGRICULTURE What is this Protocol?  International Agreement – CBD auspices  Article 19, para 3 & 4; articles 8(g) & 17 – CBD  Principle 15 of Rio Declaration on Environment and Development  Regulatory Mechanism for Trans-boundary movement of living modified organisms (LMO)

3. DEPARTMENT: AGRICULTURE Today’s Discussion?  Who does what?  How is it coordinated?  What is the impact on agricultural trade?  Lessons?

4. DEPARTMENT: AGRICULTURE Who does what? (Control Measures on GMO’s)  Domestic (National) Obligations GMO Act NEMA Biodiversity Bill National Biotechnology Strategy Regulations on Food Labelling  International Obligations Cartagena Protocol on Biodiversity Convention on Biological Diversity CODEX Alimentarius WTO International Undertaking on Genetic Resources

5. DEPARTMENT: AGRICULTURE The Aims of the Act To provide for measures to promote the responsible development, production, use and application of genetically modified organisms (including importation, production, release and distribution) shall be carried out in such a way as to limit possible harmful consequences to the environment; to give attention to the prevention of accidents and effective management of waste etc…

6. DEPARTMENT: AGRICULTURE Who are the Parties?  As of 30 June 2003, 51 parties have ratified  13 African countries: Lesotho, Kenya, Liberia, Tanzania, Mozambique, Uganda, Cameroon, Tunisia, Djibouti, Botswana, Mauritius, Ghana.  16 EU countries: Bulgaria, Norway, Denmark, Austria, Belarus, France, Ukraine, Croatia, Spain, Sweden, Czech Republic, Slovenia, Luxembourg, Moldova.

7. DEPARTMENT: AGRICULTURE Parties (continued)  10 countries of Asia Pacific region: Fiji, Nauru, Samoa, Niue, Bhutan, Maldives, India, Marshall Islands, Oman, Palau  10 countries of Central and South America: Trinidad & Tobago, St Kitts & Nevis, Bolivia, Venezuela, Nicaragua, Cuba, Ecuador, Colombia, Barbados, Panama  1 country of North America: Mexico

8. DEPARTMENT: AGRICULTURE Who has not ratified?  China  Brazil  Canada  Argentina  Australia  USA  South Africa  Major Grain exporters?  GMO in Agriculture?

9. DEPARTMENT: AGRICULTURE Bio-Safety Structures  Executive Council  Registrar  Advisory Committee  Inspectors  Appeals  Regulations

10. DEPARTMENT: AGRICULTURE THE CARTAGENA PROTOCOL ON BIOSAFETY (CPB)  Entry into force: 11 September 2003  Key provisions for full members: Documentation for shipments Information flow to other parties Clearing House Mechanism Advanced Informed Agreement

11. DEPARTMENT: AGRICULTURE PROTOCOL vs GMO ACT  LMO  Protect biological diversity  Risks to human health  Trans-boundary  Handling and use  GMO  Protect biological diversity  Risks to human health  Import & Export  Development  Production  Use  Application

12. DEPARTMENT: AGRICULTURE Practical Implications?  Governments Regulatory Commitments Budgetary implications Commitments of Exporting countries Commitments of Importing countries Resource Implications  Private Sector Obligations for permits Cost implications Delays Compliance

13. DEPARTMENT: AGRICULTURE Actual Situation?  Currently more than 100 million tonnes of international trade in commodities affected by this Protocol.  Protocol has no transitional measures: Most international trade in commodity maize and soybean could become illegal by 11 September 2003 if either the importing or exporting country is a Party to the Protocol. Main effect may be on emergency food aid shipments in the short term  Countries of illegal import can sue countries of origin of these commodities for removal or destruction (art. 24)  Possible demand for capacity building before accepting shipments (SADC neighbours?)

14. DEPARTMENT: AGRICULTURE Impact on Agricultural Trade  Agricultural trade is regulated by Governments, but Operated by the Private Sector  Poor/confusing regulatory systems – repercussions throughout the economy  Increase in transactional cost due to complexity of current GM regulatory framework (e.g. price of maize in Jan to June 2002 from R1500 to R2000/ton due to permit requirements)  Regulatory confusion – Private Sector becomes cautious: safety ring

15. DEPARTMENT: AGRICULTURE Impact on Agricultural Trade (continued)  Private Sector Safety Ring example: EU Retailers demands Botswana and Namibia Beef Exports Cost of food? Food Aid? Requests from SA exporters? Clarity on labelling and cost implications?  Competent Authority – Dept of Agriculture  Public Awareness Programme  Amendments to GMO Act?