An Explanatory Guide To The Cartagena Protocol On Biosafety: by G. M. La Vina, Ruth Mackenzie
By G. M. La Vina, Ruth Mackenzie
The most aim of the advisor is to facilitate the knowledge of the felony responsibilities of the events below the Cartagena Protocol on Biosafety. it really is an explanatory advisor, which makes an attempt to supply a data base at the content material and starting place of the provisions of the Protocol. whereas it's was hoping that the consultant will give a contribution to the implementation of the Protocol, it isn't meant as a close consultant on how one can enforce the Protocol on the nationwide point. really it makes an attempt to supply an available clarification of the Protocol's provisions and to spot matters which events should want to ponder as they come to a decision easy methods to enforce the Protocol.
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Extra resources for An Explanatory Guide To The Cartagena Protocol On Biosafety: IUCN Environmental Law Paper No. 46
LMOs in transit 88. The Protocol’s specific AIA procedure does not apply to LMOs in transit. This exclusion is without prejudice to any right of a Party of transit to regulate the transport of LMOs through its territory. Parties may make available to the Biosafety Clearing-House its decisions regarding the transit of specific LMOs through its territory. LMOs destined for contained use 89. Again, the Protocol’s AIA procedure does not apply to the transboundary movement of LMOs destined for contained use undertaken in accordance with the standards of the Party of import.
Failure by a Party to communicate its decision within 270 days may not be interpreted as either consent to or refusal of the import of the LMO-FFP concerned. 95. 96. 97. As under the AIA procedure, Parties are entitled to take into account the precautionary principle in reaching decisions on imports of LMO-FFPs (Article 11(8)). Under Article 18, LMO-FFPs must be accompanied by documentation specifying that they “may contain” LMOs, and that they are not intended for intentional introduction into the environment.
Article 8 (g) of the CBD requires Parties to: [e]stablish or maintain means to regulate, manage or control the risks associated with the use and release of LMOs resulting from 25 An Explanatory Guide to the Cartagena Protocol on Biosafety Recalling also decision II/5 of 17 November 1995 of the Conference of the Parties to the Convention to develop a Protocol on biosafety, specifically focusing on transboundary movement of any living modified organism resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, setting out for consideration, in particular, appropriate procedures for advance informed agreement, 138.