Cartagena Protocol on Biosafety

• Key features of the Protocol
• Australian views
• The Protocol and the World Trade Organization
• Links
• Correspondence with the Secretariat
• Previous consultations
  • April 2005
  • May 2004
  • August 2003

• Contact us

Key features of the Protocol

The Biosafety Cartagena Protocol to the Convention on Biological Diversity was adopted on 28 January 2000 after almost five years of negotiation.

The Protocol was signed by 103 countries.

It entered into force on 11 September 2003.

The objective of the Protocol is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living genetically modified organisms (LMOs), specifically focusing on transboundary movements.

The Protocol applies to living modified organisms such as seeds, fish, trees, animals and agricultural commodities such as grains, soyabeans, canola and corn, rice.

It does not apply to processed foods derived from LMOs, such as vegetable oils, peanut butter or corn flakes.

Living modified organisms (LMOs) are organisms whose genetic material has been altered through modern biotechnology and which are capable of propagation. They do not include organisms obtained by conventional techniques and traditional breeding methods. They may include a wide range of plants, animals or micro-organisms with wide application to agricultural production, environmental management and public health.

The Protocol left a number of key issues for further negotiation and decision after entry into force, namely:

• a definitive documentation regime for LMO commodities;
• standards for identification, handling, packaging and transport of LMOs;
• liability and redress; and
• compliance. 

These issues were discussed at the first meeting of the Parties (MOP 1) in Kuala Lumpur in February, 2004 and at MOP 2 in Montreal in May/June 2005.

The key feature of the Protocol is a prior notification and consent regime for trade in LMOs for direct introduction into the environment (such as seed, fish, trees, animals).

This requires exporters to notify an importing country of a first shipment of an LMO of this type. The importing country then makes a decision on the import of the LMO on the basis of a science-based assessment of any risk to the environment.

The prior notification provisions apply only to a small proportion of traded LMOs.  They do not apply to LMO agricultural commodities for food, feed or processing, which make up the bulk of trade in LMOs. 

However, countries will notify a publicly accessible, internet-based Biosafety Clearing-House when they approve a LMO commodity. 

For LMOs for direct introduction into the environment (seed, etc.), the Protocol requires shipments to be accompanied by documentation identifying the specific LMO seed variety.

For LMO commodities, agreement was reached on an interim measure which would require shipments to be identified in accompanying documentation as "may contain" LMOs.

The details of a complete documentation regime are to be negotiated no later than two years after entry into force.

This is a key issue for the major exporters of LMO commodities - the US, Canada and Argentina - which have concerns about their ability to separate conventional and genetically modified varieties of agricultural commodities.

Australian views

The Australian Government has no timetable for consideration of accession to the Protocol. This is  because of concerns about how the Protocol will operate in practice (documentation requirements, and the liability and compliance arrangements are yet to be agreed), uncertainty about how parties will implement the Protocol and whether they will do so in a way which respects all of their international obligations, and uncertainty about any individual country’s capacity to influence decision-making. Moreover, the Protocol is not needed for Australia to manage GM imports as there is a robust regulatory framework in place, administered by the Office of Gene Technology Regulator.

The Protocol and the World Trade Organization

The preamble to the Protocol defines its relationship with other international agreements (including the WTO).

The Protocol states that:

• Parties recognise that trade and environment agreements should be mutually supportive,
• the Protocol shall not be interpreted as implying a change in the rights and obligations of a Party under any existing international agreements; and that
  • this is not intended to subordinate the Protocol to such agreements.
• The Protocol also includes language on the "precautionary approach", "risks to human health" and "socio-economic considerations" as factors that may be taken into account in decision making.
• The Biosafety Protocol refers to the precautionary approach as  enunciated in Principle 15 of the Rio Declaration on Environment and Development.
  • This states that "where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation."
  • The Protocol also has specific provisions in its decision making provisions stating that lack of scientific certainty due to insufficient relevant scientific information shall not prevent Parties from taking decisions on the import of LMOs.

Links

For more information about the Protocol, its entry into force, its reports and meetings schedule and work program visit the Cartagena Protocol on Biosafety to the Convention on Biological Diversity secretariat's website.

For more information about the regulation of genetically modified organisms in Australia visit the Office of the Gene Technology Regulator website

Biotechnology Australia aims to provide factual and balanced information on biotechnology to the Australian community

For more background information on issues related to genetically modified organisms and Australian agriculture visit the Agriculture, Fisheries and Forestry

Correspondence with Secretariat of the Convention on Biological Diversity

• May 2005: Australian submission on Article 27
• December 2004: Australian submission on Article 18.2(a) & (b)
• December 2004: Australian submission on risk assessment and risk management
• June 2004: Australian submission on Article 18.2(a)
• Previous correspondence

Contact

Environment Branch
Department of Foreign Affairs and Trade
Phone: + 61 2 6261 3045
Fax: + 61 2 6112 1262

E-mail: biosafety@dfat.gov.au