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 Article
24 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 facilitating
the 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.
