Details

• Biosafety involves safeguarding human health and the environment from potential adverse impacts of modern biotechnology products.
• The Convention acknowledges the dual aspects of modern biotechnology:
  • Access to and transfer of technologies.
  • Implementing procedures to heighten the safety of biotechnological technologies.
• The Protocol’s aim is to ensure a sufficient level of protection concerning the secure transfer, management, and utilization of genetically modified organisms (GMOs) produced by modern biotechnology. These GMOs could negatively affect biodiversity conservation and sustainable use, while also considering risks to human health, particularly focusing on transboundary movements.
• The Cartagena Protocol on Biosafety acts as a supplementary agreement to the Convention on Biological Diversity.
• The Protocol establishes regulations for the import and export of Living Modified Organisms (LMOs) between countries.
• Parties to the Protocol must guarantee that transported LMOs are handled, packaged, and transported safely.
• Shipments of LMOs must be accompanied by detailed documentation identifying the LMOs, specifying safety requirements for handling, storage, transport, and use, and providing contact information for further inquiries.
• There are two primary sets of procedures:
  • Advance Informed Agreement (AIA) procedure for LMOs intended for direct introduction into the environment.
  • Procedures for LMOs intended for direct use as food, feed, or for processing (LMOs-FFP).

Advance Informed Agreement

• Under the AIA procedure, a country planning to export an LMO for intentional release into the environment must inform the importing Party before the first proposed export.
• The importing Party must confirm receipt of the notification within 7-30 days and communicate its decision on importing the LMO within 270 days.
• Decisions regarding LMO imports must be based on a scientifically sound and transparent risk assessment.
• After making a decision on the LMO, the Party must share the decision and a summary of the risk assessment with the Biosafety Clearing-House (BCH).

LMOs for Food, Feed, or Processing (LMOs-FFP)

• Parties approving the market release of LMOs for food, feed, or processing must make their decision and relevant information, including risk assessment reports, publicly accessible via the BCH.

Nagoya-Kuala Lumpur Supplementary Protocol

• The Nagoya—Kuala Lumpur Supplementary Protocol strengthens the Cartagena Protocol.
• It outlines specific actions to address biodiversity damage caused by LMOs.
• The competent authority in a Party to the Supplementary Protocol must ensure the operator of the LMO takes response measures or may enact these measures itself, recovering costs from the operator.

Nagoya Protocol

• The Nagoya Protocol supplements the Convention on Biological Diversity.
• It focuses on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS).

Obligations

• The protocol outlines essential responsibilities for contracting Parties.
• These obligations pertain to access to genetic resources, benefit-sharing, and compliance.

(i) Access obligations

• Domestic-level access measures are to:
  • Create legal certainty, clarity, and transparency
  • Provide fair and non-arbitrary rules and procedures
  • Establish clear rules and procedures for prior informed consent and mutually agreed terms
  • Provide for the issuance of a permit or equivalent when access is granted
  • Create conditions to promote and encourage research contributing to biodiversity conservation and sustainable use
  • Pay due regard to cases of present or imminent emergencies that threaten human, animal, or plant health
  • Consider the importance of genetic resources for food and agriculture for food security

(ii) Benefit-sharing obligations:

• Domestic-level benefit-sharing measures aim to ensure the fair and equitable sharing of benefits resulting from the use of genetic resources provided by the contracting party offering genetic resources.
• Utilization encompasses research and development concerning the genetic or biochemical makeup of genetic resources, along with subsequent applications and commercialization.
• Sharing is contingent on mutually agreed terms.
• Benefits can be either monetary or non-monetary, such as royalties and the exchange of research findings.

(iii) Compliance obligations

• Specific obligations to support compliance with the domestic legislation or regulatory requirements of the contracting party providing genetic resources, and contractual obligations reflected in mutually agreed terms, are a significant innovation of the Nagoya Protocol.
• Contracting Parties are to:
  • Take measures providing that genetic resources utilized within their jurisdiction have been accessed in accordance with prior informed consent, and that mutually agreed terms have been established, as required by another contracting party.
  • Cooperate in cases of alleged violation of another contracting party’s requirements.
  • Encourage contractual provisions on dispute resolution in mutually agreed terms.
  • Ensure an opportunity is available to seek recourse under their legal systems when disputes arise from mutually agreed terms.
  • Take measures regarding access to justice.
  • Take measures to monitor the utilization of genetic resources after they leave a country including by designating effective checkpoints at any stage of the value-chain: research, development, innovation, pre-commercialization, or commercialization.

Traditional knowledge

• The Nagoya Protocol focuses on traditional knowledge linked to genetic resources, covering aspects of access, benefit-sharing, and compliance.
• It pertains to genetic resources where indigenous and local communities hold the recognized authority to permit access to them.
• Contracting Parties must implement measures ensuring the prior informed consent of these communities, along with fair and equitable benefit-sharing, respecting community laws, procedures, customary use, and exchange.

Importance of the Nagoya Protocol

• Creates greater legal certainty and transparency for providers and users of genetic resources
• Establishes predictable conditions for access to genetic resources
• Helps ensure benefit-sharing when genetic resources are accessed
• Generates incentives for conservation and sustainable use of genetic resources
• Enhances biodiversity’s contribution to development and human well-being

Objective of the Nagoya Protocol:

• Ensures fair and equitable sharing of benefits from genetic resource utilization
• Contributes to biodiversity conservation and sustainable use
• Provides a transparent legal framework for implementing one of the CBD’s objectives

• The Biodiversity Target was established in May 2002 at the sixth Conference of the Parties to the Convention.
• The goal of the target was to achieve a significant reduction in the rate of biodiversity loss by 2010, globally, regionally, and nationally. This was intended as a contribution to poverty alleviation and the well-being of all life on earth.
• Regrettably, the target set for 2010 was not met, highlighting the escalating biodiversity crisis.
• In light of the increasing biodiversity crisis, there is a pressing need for a new, transparent, and achievable target to address this challenge.

Biodiversity Target

• It was adopted in May 2002 during the sixth Conference of the Parties to the Convention
• The Target aimed to achieve by 2010 a significant reduction of the current rate of biodiversity loss on Biological Diversity.
• At the global, regional and national level as a contribution to poverty alleviation and to the benefit of all life on earth’.

Strategic Plan For Biodiversity 2011 – 2020

• In the tenth meeting of the Conference of the Parties, held in 2010, in Nagoya, Aichi Prefecture, Japan, adopted a revised and updated Strategic Plan for Biodiversity, including the Aichi Biodiversity Targets, for the 2011 – 2020 period.
• The tenth meeting of the Conference of the Parties agreed to translate this overarching International framework into national biodiversity strategies and action plans within two years.
• Additionally, the meeting decided that the fifth national reports, due by 1 March 2014, should Focus on the implementation of the 2011-2020 Strategic Plan and progress achieved towards the Aichi Biodiversity Targets.
  1. Strategic Goal A : Address the underlying causes of biodiversity loss by mainstreaming biodiversity across Government and society
  2. Strategic Goal B : Reduce the direct pressures on biodiversity and promote sustainable use
  3. Strategic Goal C : To improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity.
  4. Strategic Goal D : Enhance the benefits to all from biodiversity and ecosystem services By 2015, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization
  5. Strategic Goal E : Enhance implementation through participatory planning, knowledge management and capacity Building