A number of World Trade Organization (WTO) agreements, such as the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), the Agreement on Technical Barriers to Trade (TBT Agreement) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), contain provisions relating to the Protocol. The preamble to this Protocol clarifies that the Informed Agreement (AEOI) procedure applies to the first deliberate transboundary movement of LMOs with a view to their deliberate introduction into the environment of the Party at importation. It has four components: notification by the exporting Party or exporter, confirmation of receipt of the notification by the importing Party, the decision-making process and the possibility of reviewing decisions. The objective of this procedure is to ensure that importing countries have both the capacity and the capacity to assess the risks that may be associated with long-term budget support before accepting their import. The importing party must give reasons for its decisions (unless consent is unconditional). An Importing Party may at any time review and vary a decision in the light of new scientific evidence. An exporting Party or a notifier may also request the importing Party to review its decisions. 4. The due diligence procedure shall not apply to deliberate transboundary movements of living modified organisms which, in a decision of the Conference of the Parties serving as the meeting of the Parties to this Protocol, are unlikely to have adverse effects on the conservation and sustainable use of biological diversity, taking into account risks to human health. Article 14.4 allows the general application of national rules to certain imports instead of the AEOI procedure.
The First Meeting of the Parties adopted decisions establishing identification requirements for different categories of LMOs (Decision BS-I/6, SCBD 2004). However, the Second Meeting of the Parties did not reach agreement on detailed requirements for the identification of LMOs for direct use as food or feed or for processing, and will need to revisit this issue at its third meeting in March 2006. Would you always like to receive the latest technical reports and news about BCH? Then subscribe to the BVL newsletter “Genetic Engineering”. You will then be informed by e-mail when a new BVL or BCH announcement on this subject is published. Under the AEOI procedure and other procedures set out in the Protocol, the Party to be imported needs information on LMOs and the intended use of LMOs so that its regulatory authorities can make an informed decision as to whether the import of the LMO concerned is permitted. The notifier must provide the regulatory authorities with all the necessary information, but can identify certain information that should remain confidential – that is, that should not be disclosed to third parties, including the public. If the importing Party and the notifier do not agree on the information that should be treated as confidential, the importing Party should consult the applicant before being informed and the notifier may decide to withdraw the request. The minutes state that the following information shall never be treated as confidential: (a) the name and address of the applicant; (b) a general description of the living modified organism; (c) a summary of the risk assessment; and (d) emergency response methods and plans. The Pre-Scientific Agreement (DEA) procedure is designed to ensure that the Party to be imported: LMOs intended for direct use as food, feed or processing (LMO-PFF) represent a broad category of agricultural products before an LMO is first introduced into a country for deliberate introduction into the environment. The Protocol introduces a simplified procedure for transboundary movements of LVO-FFP instead of the earate procedure. As part of this procedure, a Party shall inform the other Parties, within 15 days of the biosafety information barrier, of its decision on the domestic use of LMOs, which may be non-hazardous movements.
Article 20(3)(a) refers to the information required by the Parties for the AEOI procedure, some of which is to be made available through the Biosafety Clearing-House as follows: Article 13 provides that the Parties have the discretion to treat certain imports of LMOs differently. In accordance with subparagraph (a) of Article 13(1), a Party may indicate that certain transboundary movements of LMOs may be carried out on the basis of a simple import notification to the Party. Article 13.1(b) allows a Party to exempt certain imports of LMOs from the AEOI procedure. In both cases, contracting parties intending to make use of these provisions shall make available, through the BCH, the LVO to which these procedures apply. Although the Protocol`s AEOI procedure does not apply to certain categories of LMOs, Parties have the right to regulate imports on the basis of their national legislation. The Protocol also contains provisions to declare certain LMOs exempt from the application of the AEOI procedure. According to the Protocol, the Prior Notification Agreement (AEOI) procedure applies to the first deliberate transboundary movement of a common organization of raw materials with a view to their deliberate introduction into the environment of the importing Party. Individual Parties may decide to subject certain LMOs to simplified procedures, provided that appropriate measures are taken to ensure the safety of the deliberate transboundary movement of LMOs in accordance with the objectives of the Protocol. If it so wishes, a Contracting Party shall notify the BCH in advance of the cases in which the importation of a common element may take place at the same time as the notification of the transboundary movement and the importation of LMOs into it, which it has exempted from the EIA procedure. [7]. However, the protocol`s ear-ear procedure does not apply to certain categories of LMOs: in order to facilitate its implementation, the Protocol establishes a biosafety clearing-house where parties can exchange information and contains a number of important provisions, including capacity building, a financial mechanism, compliance procedures and requirements for public awareness and participation. The Cartagena Protocol on Biosafety to the Convention on Biological Diversity is an international convention on biosafety in addition to the Convention on Biological Diversity (CBD), which has been in force since 2003.
The Biosafety Protocol aims to protect biodiversity from the potential risks posed by genetically modified organisms derived from modern biotechnology. The Protocol promotes biosafety by establishing rules and procedures for the safe movement, handling and use of LMOs, with particular emphasis on transboundary movements of LMOs. It includes a number of procedures, including one for LMOs to be intentionally introduced into the environment, the so-called prior informed agreement procedure, and one for LMOs to be used directly as food or feed or for processing. Parties to the Protocol shall ensure that LMOs are handled, packaged and transported safely. In addition, the shipment of LMOs that are non-physical shipments must be accompanied by appropriate documentation indicating, inter alia, the identity of the LMOs and the point of contact for further information. These procedures and requirements are intended to provide importing Parties with the necessary information they need to make informed decisions on whether or not to accept imports of LMOs and to process them safely. (a) the exporting Party or exporter notifies the importing Party of the proposed transboundary movement prior to the first shipment, providing detailed written information on the CMO and its intended use; The AEOI procedure includes (1) communication and (2) decision-making processes between the parties: not all information generated by the AEOI procedure is communicated to the BCH; For example, notification of the proposed export by the Export party or exporter (Article 8) and acknowledgement of receipt (Article 9) are essentially a bilateral procedure. The Cartagena Protocol on Biosafety (BP) is the first protocol negotiated under the Convention on Biological Diversity (CBD). This chapter examines the emergence of the Advance Informed Agreement (AEOI) as an international standard in the commercial and environmental context, beginning with its origins in “informed consent” in the mid-20th century. It also examines the conceptual components of AEOI/informed consent as applied in biomedicine and other international treaties, highlighting the interpretative and practical challenges as well as the resulting strengths and weaknesses of their application in the context of biodiversity. Prior informed consent as a standard came together in the mid-20th century for legal, moral and economic reasons.
The Basel Mechanism, the Pic (Pesticides in International Trade) procedure and the AEOI procedure are means of preserving and disseminating the decisions of importing countries on planned imports and of ensuring compliance with these decisions by exporters. . Of course, you can unsubscribe from the newsletter at any time. (d) The Protocol also contains provisions on public participation and the treatment of confidential information; The required number of 50 instruments of ratification/accession/approval/acceptance by countries was reached in May 2003. In accordance with article 37 of that article, the Protocol entered into force on 11 September 2003. As of July 2020, the Protocol had 173 parties, including 170 UN Member States, the State of Palestine, Niue and the European Union. [3] [4] The Protocol contains practical requirements that are considered to contribute to the safe movement of LMOs. .