Liability and redress (Article 27)
The Intergovernmental Committee for the Cartagena Protocol on Biosafety
1. Recommends that information gathering and analysis on the issue of liability and redress pursuant to Article 27 of the Protocol
should continue;
2. Requests Parties, Governments and relevant international organizations to provide the Executive Secretary with information on national, regional and international measures and agreements in the field of liability and redress for damage resulting from transboundary movements of living modified organisms by no later than three months prior to the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol;
3. Requests the Executive Secretary to prepare a synthesis report of the information provided by Parties, Governments and relevant international organizations and to submit this report to the first meeting of Conference of the Parties serving as the meeting of the Parties to the Protocol, and to make it available to the workshops referred to in paragraph 4 of the present recommendation, by no later than three months prior to the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol;
4. Invites Parties to the Convention
to organize workshops, as soon as possible but
in any case before the first meeting of the Conference of the Parties serving
as the
meeting of the Parties to the Protocol, on liability and redress for damage resulting from transboundary movements of living modified organisms, and
to
forward their findings to the Executive Secretary who will make them available through the Internet and in hard copies, with a view to:
(a) Considering case-studies relating to damage resulting from transboundary movements of living modified organisms;
(b) Analysing the information gathered by the Executive Secretary as well as recommending the kind of further information that may be needed;
(c) Considering any other issues that may be relevant to the process provided for in Article 27 of the Protocol, taking into account principles of international law.
5. Urges donor countries to provide the necessary funding for the workshops referred to in paragraph 4 above;
6. Recommends that the terms of reference for the open-ended ad hoc group of legal and technical experts that may be established by the Conference of the Parties serving as the meeting of the Parties to the Protocol, at its first meeting, should be defined by the same meeting on the basis of the information gathered and the views of Parties communicated to the Executive Secretary pursuant to paragraph 7 of the present recommendation;
7. Invites Parties and Governments to submit their views in writing to the Executive Secretary on elements of the terms of reference for the open-ended ad hoc group of legal and technical experts referred to in paragraph 6 above by no later than three months prior to the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol;
8. Recommends the draft decision annexed to the present recommendation for the consideration and adoption by the Conference of the Parties serving as the meeting of the Parties to the Protocol at its first meeting.
Annex
RECOMMENDATION OF THE ICCP TO THE CONFERENCE OF THE PARTIES SERVING AS THE MEETING OF THE PARTIES TO THE PROTOCOL FOR A DRAFT DECISION BY THE CONFERENCE OF THE PARTIES SERVING AS THE MEETING OF THE PARTIES TO THE PROTOCOL
The Conference of the Parties serving as the meeting of the Parties to the Protocol,
Recalling Article 27 of the Protocol, which requires the Conference of the Parties serving as the meeting of Parties to adopt, at its first meeting, a process with respect to the appropriate elaboration of international rules and procedures in the field of liability and redress for damage resulting from transboundary movements of living modified organisms, analysing and taking due account of the on-going processes in international law on these matters, and to endeavour to complete this process within four years,
Recognizing that the appropriate elaboration of
international rules and procedures regarding liability and redress pursuant to Article 27 of the Protocol is crucial for the effective implementation of the Protocol,
Emphasizing that
the process with respect to liability and redress under the Protocol is distinct from the process with respect to
liability and redress under Article 14, paragraph 2, of the Convention, while acknowledging the need to identify and promote synergies and cross-fertilization between the two processes,
Recognizing that the process with respect to
liability and redress under Article 27 of the Protocol is also distinct and different from the compliance procedures and mechanisms under Article 34 of the Protocol,
1. Decides to establish an open-ended ad hoc group of legal and technical experts to carry out the process pursuant to Article 27 of the Protocol;
2. Decides that the terms of reference for the open-ended ad hoc group of legal and technical experts established by paragraph 1 above shall be those contained in the annex to this decision;
3. Requests the Executive Secretary to convene the open-ended ad hoc group of legal and technical experts
established by paragraph 1 above as soon as possible, at least once before the second meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol.
