28 Feb
87 Countries Agree to New International Protections
from Genetic Contamination
Agreement Will Force U.S. Exporters To Label GE Foods
KUALA LUMPUR, MALAYSIA - February 27 -Eighty-seven countries reached an
historic agreement here today that takes concrete steps towards establishing
new, internationally recognized rights to protect public health, sustainable
agricultural production and the environment from genetic contamination caused
by international trade in genetically engineered (GE) organisms.
Although the steps taken were modest - addressing liability, labeling and
information-sharing related to the international shipping of GE organisms - the
consensus reached by the parties to the Cartegena Protocol on Biosafety
represented a sharp rebuff to the Bush Administrations intensive
behind-the-scenes lobbying efforts to undermine the treaty through a coalition
of the bribed and bullied, said Dennis Olson of the Minneapolis-based Institute
for Agriculture and Trade Policy, referring to a few countries like Canada,
Mexico, Brazil and Argentina who often acted as US proxies during the five days
of negotiations.
The U.S. has refused to sign the treaty, but nevertheless sent a large
lobbying delegation that worked hand-in-hand with industry lobbyists, and other
major GE exporting countries, to oppose language in the treaty that would
strengthen the legal standing and capacity of countries to prevent the illegal
entry of unapproved GE organisms into their farm fields, environment and food
supply. The delegates deserve much praise for withstanding the relentless U.S.
led pressure to water down the treaty, and for sticking to their guns to
protect the health of their citizens, the rights of their farmers, and the
integrity of their ecosystems, Olson said.
The U.S. wanted to prevent any further specificity in the type of
documentation that could be required of importers under the Protocol to
identify genetically engineered organisms entering another country, said Olson.
For example, the U.S. tried to restrict the treaty language to require anything
beyond a commercial invoice from the shipping company that simply stated that a
shipment may contain genetically engineered organisms. This may contain
language was negotiated in the initial treaty. However, the final language
allows for countries to require a more detailed stand alone document agreed to
this week.
The treaty now also delineates another key piece of information an importing
country may require: a description of the transformation event code of the GE
organism being imported. The U.S. tried to block this language, which would
have made it much more difficult to trace the GE organism back to the biotech
company who created it. Allowing this transformation event code to be used will
make it easier to assess liability when GE organisms are illegally imported
into a country and cause damage to human health, agricultural production (e.g.,
organic production), or the environment.
A 15-member committee has been established to monitor compliance with the
Protocol, while a group of legal and technical experts will develop regulations
by 2008 covering liability and redress for damages resulting from
trans-boundary movements of genetically engineered organisms.
Olson also criticized the Bush Administration for lobbying almost
exclusively on behalf of the biotech industry at the expense of many U.S.
farmers who oppose further expansion of GE crops.
Many U.S. wheat farmers oppose the introduction of Monsantos GE wheat out of
respect for their customers in Europe and Asia who have said that they dont
want it, Olson noted. Additionally, organic farmers face being put completely
out of business from unchecked GE contamination of their crops, and they
represent the fastest growing agricultural sector in the United States. The
Bush Administration failed to represent the interests of these farmers in its
all out effort on behalf of multinational biotech corporations to undermine
this landmark protocol.
The treaty appears to give the European Union some cover in a World Trade
Organization (WTO) case filed by the U.S. regarding genetically engineered
foods. That case, expected to be decided sometime this summer, challenges the
EU's tough regulatory system for GE foods. The Biosafety Protocol re-asserts
nations rights to regulate and reject GE foods for import.
Assessment of Achievements at MOP 1
New regulations on GM exports approved: US, Australia unhappy with
outcome
Kuala Lumpur, Friday, 27 February 2004
The conclusion of the first Meeting of the Parties to the Cartagena Protocol
on Biosafety has seen a considerable turn-around from the limited progress made
at the start of the week. Significant advances have been made on critical steps
for effective implementation of biosafety measures. In particular, MOP1 has
agreed interim measures on identification and documentation of GMO commodity
shipments intended for food, feed or for processing (GMO-FFPs), established a
relatively strong compliance mechanism to deal with cases where a
Party to the Protocol is not complying fully with the Protocols
requirements, and initiated a process to develop rules and procedures on
liability and redress for damage resulting from transboundary movements of
GMOs.
These were never going to be easy issues for the MOP, but there have been
major breakthroughs in the past day and a half.
At the beginning of the week, the major GMO exporting countries worked
together to slow or block progress in the negotiations. Although countries like
the United States and Australia are not Parties to the Protocol, they worked
through some other countries notably the few in Latin America that are already
Parties to the Protocol. But at the crunch time in the negotiations, the
Parties to the Protocol took a far greater role, and overrode the delaying
tactics of the previous days. This contrasted with the feeling earlier in the
week that non-Parties, such as the USA, Argentina and Canada, were allowed too
much influence on the negotiations, including opportunities to speak
frequently, and wasted a lot of the rather limited time available for
negotiations.
The final line up on key issues agreed by MOP1 is as follows:
- A working group on liability and redress has been set up, with a mandate
to report back to the MOP by 2007 (which represents an ambitious timescale for
the issues involved) with proposed procedures on liability and redress for
damage resulting from transboundary movements of GMOs. It has a far more
focused mandate than exporting countries and industry had sought, and elements
that had been introduced earlier and which were designed to slow the pace on
liability were taken out of the terms of reference for the working group.
- Details on identification and documentation for GMO-FFPs will be left to a
working group to develop, but in the meantime interim requirements for
commercial commodity shipments of GMOs have been agreed that go beyond just a
mandatory statement that a shipment may contain GMOs, by urging
Parties to require details on the specific GMOs contained in shipments,
including the transformation event and a unique
identifier (a bit like an ISBN number for a GMO) that provides a link to
enable access to the relevant risk assessments. Although this is not mandatory
for Parties, it represents a significant advance, and can be built on in the
future. The EU is supporting a workshop to take place in 2004 - on capacity
building to help countries to implement these documentation and identification
requirements.
- While there has been some movement on socio-economic issues associated
with GMOs, with governments requesting that it be moved up the agenda for
future MOPs, this still remains a low priority in capacity building activities
for biosafety.
- Capacity building activities will continue to involve industry and
non-Parties, and since there are budget constraints on the Protocol, there is a
risk that groups with vested interests in promoting GM applications will
continue to influence capacity building activities.
- A compliance mechanism has been agreed in which members will serve in an
individual capacity, with balanced representation from the five UN regions, and
some good people have been elected to serve on it.
A sign of the progress here is that the US and Australia both made
statements in the final plenary to air their concerns that the mechanism for
compliance is too strong. The emphasis is on assisting Parties to comply with
the Protocol particularly recognizing the difficulties that many developing
countries may have because of a lack of resources and capacities. Its work will
be reviewed at MOP3 (in two years time), and at that stage the need for
sanctions against persitent non-compliers will be also considered. It is
important that the mechanism should be credible alongside other mechanisms,
notably the WTOs dispute resolution systems. Without a credible system,
compliance problems may well end up being taken to the WTO by GMO exporters.
The compliance system agreed by MOP1 is being talked about as being one of the
strongest so far agreed in multi-lateral environmental agreements.
One issue that is coming up in the margins is that unlike many other
multi-lateral environmental agreements, the Cartagena Protocol does not specify
phase-in periods for introduction of new measures. These could help developing
countries by allowing them sufficient grace periods in which to build up their
necessary capacities to implement new measures. But without grace periods, most
countries are concerned that they would have to be immediately compliant with
measures agreed at the MOP, and understandably tend towards more minimal
measures that require little effort to comply with, but which also do less to
advance effective biosafety implementation.
The major GMO-exporting countries and the biotech and commodity trade
industry had worked hard to avoid the outcomes that MOP1 achieved, but did not,
in the end succeed. Before the MOP, the US set up an agreement with Canada and
Mexico on identification and documentation of GMOs, setting a threshold of 5
percent GMO content below which no information need be provided. The trilateral
agreement is voluntary and having such a high threshold sets a very poor
precedent. In the EU, by comparison, the threshold has been set at 0.9 percent
for adventitious presence of GMOs, and even this is widely regarded
to be too high. In New Zealand there is a zero-tolerance requirement for
adventitious presence.
The biotech and commodity trade had also been trying to play down the need
for liability procedures under the Protocol by arguing that existing national
provisions for general liability are sufficient yet such provisions are either
absent or ineffective in many countries.
An even higher priority for the industry seemed to be to limit progress on
documentation and identification of GMO-FFPs, claiming that anything but the
most basic requirements for this, such as a commercial invoice, would be
impossible to implement. In effect, the industry was trying to block any
listing of the GMOs that commodity shipments may contain, making it much more
difficult for developing countries in particular to regulate GMOs that they
have not approved for domestic use. For many of these countries, there is
little or no separation between GMOs for planting in the environment and
GMO-FFPs, and so there is a high likelihood that they may end up growing in
farmers fields unknowingly, as has happened in Mexico and Canada, for example.
Addressing this issue was the prime reason for provisions on identification of
shipments containing GMO-FFPs being included in the Protocol. The agreement
reached at MOP1 is therefore particularly significant for them, and the next
challenge is for them to implement it. Here support for capacity building in
this area is going to be extremely important.
27 Feb
In a statement circulated yesterday, a large group of
CSOs called on countries to reject a tripartite "model of implementation
and compliance" that evades the Protocol and only favors the commercial
interests of countries that have not ratified the Protocol - the USA. This
referred to an agreement brokered by the USA with Canada (both non-Parties to
the Protocol) and Mexico (a Party that has ratified the Protocol). It allows,
inter alia for consignments to include up to 5% GM contamination before
notification is required. This, in the words of the CSO statement is "in
practice to accept the entrance of transgenics with no evaluation of the risks.
It seriously jeopardizes the subsequent export possibilities of Latin American
countries."
27 Feb
(Statement distributed at the Meeting of the Parties of the Cartagena
Protocol, in Kuala Lumpur, Malaysia, 26-01-04)
The Trilateral Agreement of US-Mexico-Canada: a "model" to evade
the Protocol
The first meeting of the Parties to the Cartagena Protocol on Biosafety has
the purpose discussing issues that upon signing of the Protocol remained open
or undefined and that affect the effective implementation of its provisions.
In this first meeting, crucial issues are being defined, such as
identification of LMOs in shipments, liability and compensation in cases of
damage and measures for ensuring compliance with the Protocol.
Confronted by the coming into force of the Protocol, GMO-exporting countries
that are members of the Miami Group, led by the United States and following the
proposals of the International Grain Trade Coalition, met to define a strategy
for continuing trade in transgenics without restrictions. They have organized
meetings with representatives of various Latin American countries; and in the
first week of February 2004, with the assistance of the Interamerican Institute
for Cooperation in Agriculture (IICA), they organized a meeting in Buenos
Aires, with the goals of:
1) encouraging Latin American countries to adopt a bilateral or regional
agreement, based on a draft template written by the USA, that interprets the
obligations on identification that will be discussed in Kuala Lumpur, in order
to prevent the effective implementation of the Protocol, and
2) proposing this agreement as a model for the rest of the countries of the
world, undermining the central provisions of the Protocol.
The agreement already signed between the United States, Canada and Mexico
states that a shipment is not considered transgenic if it contains up to 5%
GMOs and therefore it is not necessary to identify it as such. In the case of
"adventitious" presence of transgenics, a shipment destined for
export is not required to be identified with a label stating it "may
contain" transgenic organisms. The agreement also establishes that the
"may contain" language should be included in the commercial invoice
and not in a separate document with more detailed information.
These parameters are arbitrary and attempt to set unacceptable precedents
for future discussions on identification and labeling, undermining in practice
the right of Parties to establish adequate norms for the control of
transboundary movements.
The model agreement designed by the United States and its allies gives cause
for great concern because it leaves countries without the protection for
biodiversity or health that they would as signatories to the Cartagena
Protocol. To accept a level of contamination up to 5% is in practice to accept
the entrance of transgenics with no evaluation of the risks. It seriously
jeopardizes the subsequent export possibilities of Latin American countries.
This type of agreement only serves to facilitate and increase the
uncontrolled exports from producer countries and imports of transgenics into
our countries, and serves to accelerate the genetic contamination of our region
that is rich in biodiversity and a center of origin of many crops.
Particularly worrying is that with this "uncontrolled" percentage
in the shipments, there could be unapproved varieties. There could be varieties
unapproved for human consumption in the United States, such as StarLink, or
crops engineered for non-consumptive uses (drugs or industrial chemicals).
Beyond this, exporters are essentially free from assuming liability and
eventual compensation for damages, as the weak contamination standards of the
trilateral agreement would allow the exporter to simply declare that they did
not know about the presence of transgenics.
Without labeling of shipments it is also impossible to obtain information
about their origin and handling, such as data on responsible contact persons,
which means there is no ability to establish traceability systems.
In the case of Mexico, the decision to participate in this accord was only
discussed in very restricted circles and behind the backs of civil society,
peasants and the legislature. For this reason, the Mexican Congress decided 18
February to call Dr. Victor Villalobos (signer of the trilateral accord) and
the Secretary of Agriculture of Mexico, to appear before the Houses to give
explanations on this topic. In addition, they called upon the President of the
Republic to comply completely with the Cartagena Protocol.
It is particularly serious that Mexico, being a center of origin of maize,
one of the principal food crops for the world, and where there is already
evidence of contamination of traditional varieties of maize with transgenics,
instead of applying the principle of precaution and promoting a strict regime
for liability and compensation for damages, is renouncing with this accord the
protection of its biodiversity, agriculture, and human and animal health and
has ignored the demands of campesinos, indigenous peoples and civil society to
shine light on and stop the contamination.
Being a Party, Mexico has particular obligations to other Parties that it is
undermining; while discussions on Article 18 have not yet concluded, they
should not be signing any agreement outside the ambit of the Protocol. Also,
this creates an unacceptable precedent for future compliance with the Protocol.
Finally, this type of agreement will undoubtedly have a "domino
effect" on all the provisions of the Protocol. It threatens the mechanisms
being developed to guarantee protection of biodiversity and human health as
well as a future liability and redress regime.
We call upon the countries of Latin America and the Caribbean to reject this
type of agreement and guarantee complete compliance with the objectives of the
Protocol. We call on all countries to reject this "model of implementation
and compliance" that evades the Protocol and only favors the commercial
interests of countries that have not ratified the Protocol.
SIGNED: Amigos de la Tierra de América Latina y el Caribe; Bloque
Centroamericano de Resistencia a Transgénicos; Centro Humboldt,
Nicaragua; COECOCEIBA, Costa Rica; Econexus, UK; Edmonds Institute, USA; ETC
Group; Friends of the Earth International; Fundación Sociedades
Sustentables, Chile; Gene Campaign, India; GeneEthics Network, Australia;
Greenpeace; Grupo de Reflexión Rural, Argentina; Institute for
Agriculture and Trade Policy, USA; Institute for Science in Society, ISIS, UK;
Jaran, Center for Law and Policy Initiatives, Thailand; Red por una
América Latina Libre de Transgénicos; REDES AT, Uruguay; SEARICE,
Phillipines; SOS Selangor, Malaysia; SEEDS, UK; Third World Network; Washington
Biotech Council, USA; 49th Parallel Biotech Consortium, USA
26 Feb
The first Meeting of the Parties to the Cartagena Protocol on Biosafety is a
critical step for effective implementation of biosafety measures. The Protocol
requires rapid actions following its entry into force in September 2003 on
several key issues, notably identification and documentation of GMO commodity
shipments intended for food, feed or for processing (GMO-FFPs), establishment
of a compliance mechanism to deal with cases where a Party to the
Protocol is not complying fully with the Protocols requirements, and
starting a process to develop rules and procedures on liability and redress for
damage resulting from transboundary movements of GMOs.
These were never going to be easy issues for the MOP, but progress has been
disappointingly slow. In large measure, the major GMO exporting countries have
worked together to slow or block progress in the negotiations. More...
There is a contentious problem on compliance. Apart from logistical problems
about non-compliance being judged by the whole MOP, including those who are
likely to guilty parties, and while is the Africa Group is supported by the EU
on compliance (common and differentiated responsibility etc), they are unhappy
about the EU moving so slowly on liability and redress the Africa Group
wants legally binding agreement.
On Article 18 Handling, Transport, Packaging and Identification
there is still no consensus on a stand alone identification document for
each consignment, although that's what at least the overwhelming majority of
Parties are requesting. In the EU, there is the unfortunate possibility that
France and maybe even the UK might privately opt for the least possible
documentation e.g. a commercial invoice, as favoured by industry and the Miami
group, and not what the majority are seeking.
On the Biosafety Clearing House, the US seems already to have An agreement
with UNEP to support developing countries to set up a mechanism. They have
offered plenty of resources to do this. UNEP/GEF already has a capacity
building project on-going but maybe it is now going to create space for the
USAID one. GENOK (NORWAY) also have signed an MOU with UNEP to carry out
capacity building. But this will conflict with the US work because the two
groups are not like-minded.
26 Feb
Reflections on the MOP, sofar
The first Meeting of the Parties to the Cartagena Protocol on Biosafety is a
critical step for effective implementation of biosafety measures. The Protocol
requires rapid actions following its entry into force in September 2003 on
several key issues, notably identification and documentation of GMO commodity
shipments intended for food, feed or for processing (GMO-FFPs), establishment
of a compliance mechanism to deal with cases where a Party to the
Protocol is not complying fully with the Protocols requirements, and
starting a process to develop rules and procedures on liability and redress for
damage resulting from transboundary movements of GMOs.
These were never going to be easy issues for the MOP, but progress has been
disappointingly slow. In large measure, the major GMO exporting countries have
worked together to slow or block progress in the negotiations. Although
countries like the United States and Australia are not Parties to the Protocol,
they have worked through a some other countries notably the few in Latin
America that are already Parties to the Protocol. Before the MOP, the US set up
an agreement with Canada and Mexico on identification and documentation of
GMOs, setting a threshold of 5 percent GMO content below which no information
need be provided. The trilateral agreement is voluntary and having such a high
threshold sets a very poor precedent. In the EU, by comparison, the threshold
has been set at 0.9 percent for adventitious presence of GMOs, and
even this is widely regarded to be too high. In New Zealand there is a
zero-tolerance requirement for adventitious presence.
In particular, Brazil and to a lesser extent Mexico, which have ratified the
Protocol, have been pushing positions favoured by the US, which has not even
signed the Protocol and other former Miami Group members
(Argentina, Australia, Canada, Chile, Uruguay, none of whom have ratified the
Protocol). In previous meetings Brazil and Mexico, amongst other countries,
have been far more supportive of effective measures to promote biosafety.
Countries that are Parties to the Protocol have full rights to participate in
discussions, but there is a growing feeling that non-Parties, such as the USA,
Argentina and Canada, have been allowed too much influence on the negotiations,
including opportunities to speak frequently, and that this has wasted a lot of
the rather limited time available for negotiations.
The biotech and commodity trade industry is also very prominent at the MOP,
and has made interventions and even proposed text during the working groups and
contact groups where most of the negotiating is done. The industry has been
trying to play down the need for liability procedures under the Protocol by
arguing that existing national provisions for general liability are sufficient
yet such provisions are either absent or ineffective in many countries.
An even higher priority for the industry seems to be to limit progress on
documentation and identification of GMO-FFPs, claiming that anything but the
most basic requirements for this, such as a commercial invoice, would be
impossible to implement. In effect, the industry is trying to block any listing
of the GMOs that commodity shipments may contain, making it much more difficult
for developing countries in particular to regulate GMOs that they have not
approved for domestic use. For many of these countries, there is little or no
separation between GMOs for planting in the environment and GMO-FFPs, and so
there is a high likelihood that they may end up growing in farmers fields
unknowingly, as has happened in Mexico and Canada, for example. Addressing this
issue was the prime reason for provisions on identification of shipments
containing GMO-FFPs being included in the Protocol.
As the MOP approaches its final stages, where decisions must be made one way
or the other, here is the line up on key issues and likely outcome:
- A working group on liability and redress is likely to be set up, with a
mandate to report back to the MOP by 2007 (which represents an ambitious
timescale for the issues involved) with proposed procedures on liability and
redress for damage resulting from transboundary movements of GMOs. If agreed,
this will be a positive result, and efforts by some exporting countries and
industry to slow the pace on liability will have come to nothing.
- Details on identification and documentation for GMO-FFPs will be left to a
working group to develop, but in the meantime mandatory interim requirements
for commercial commodity shipments of GMOs look likely to be weak
possibly nothing more than a statement that a shipment may contain
GMOs, without any indication of which GMOs it may contain. However, strong
efforts to go further appear to be succeeding, and a reference is likely to be
incorporated that urges Parties to require details on the specific
GMOs contained in shipments, including the transformation event and
a unique identifier (a bit like an ISBN number for a GMO) that
provides a link to enable access to the relevant risk assessments. Although
this is not mandatory for Parties, it represents a significant advance, and can
be built on in the future.
- While there has been some movement on socio-economic issues associated with
GMOs, with governments requesting that it be moved up the agenda for future
MOPs, this still remains a low priority in capacity building activities for
biosafety.
- Capacity building activities will continue to involve industry and
non-Parties, and since there are budget constraints on the Protocol, there is a
risk that groups with vested interests in promoting GM applications will
continue to influence capacity building activities.
- A compliance mechanism will be established, but is likely to be
comparatively weak. While the emphasis is on assisting Parties to comply with
the Protocol particularly recognizing the difficulties that many
developing countries may have because of a lack of resources and capacities
it is also important that the mechanism should be credible alongside
other mechanisms, notably the WTOs dispute resolution systems. Without a
credible system, compliance problems may well end up being taken to the WTO by
GMO exporters.
One issue that is coming up in the margins is that unlike many other
multi-lateral environmental agreements, the Cartagena Protocol does not specify
phase-in periods for introduction of new measures. These could help developing
countries by allowing them sufficient grace periods in which to build up their
necessary capacities to implement new measures. But without grace periods, most
countries are concerned that they would have to be immediately compliant with
measures agreed at the MOP, and understandably tend towards more minimal
measures that require little effort to comply with, but which also do less to
advance effective biosafety implementation.
25 Feb
UK Food
Group briefing paper for the Biosafety Protocol negotiationsreleased today
at the Meeting of the Parties. It stresses that in order to ensure the
credibility of capacity building, guidelines should exclude the involvement in
capacity building for biosafety of non-Parties to the Protocol and of private
sector organisations, including parent companies and their subsidiaries, that
may potentially engage in supply or distribution of GMOs.
Also it proposes countries should:
o |
implement seed testing and approval requirements for all imported seed as
well as domestically produced seed, including GMO seeds; |
o |
develop and strengthen appropriate domestic regimes for liability and
compensation so that these include coverage of any failures of GMOs to perform
in accordance with claims made by the seed originator; adverse effects of GMOs
arising from intentional or unintentional releases; or sale or distribution by
seed companies of contaminated seed. |
o |
require companies to provide adequate and intelligible information at
point-of-sale to farmers, especially poor farmers, concerning GMOs, including
specific genetically engineered traits, husbandry requirements, risk assessment
and risk management measures, names and addresses of patent owner(s), seed
originator, exporter, and importer. |
Download
UK Food Group Briefing
23 Feb
NGOs state their concern that it is especially
inappropriate for some non-Parties to attempt to modify the intention of the
text or to weaken its full and prompt implementation and call for full
inclusion of Civil Society in all deliberations of the Protocol. For example,
they are concerned that the 5% threshold of contamination suggested by industry
and mentioned in the tripartite agreement between USA, Canada and Mexico, under
the framework of NAFTA, is unacceptable as it threatens biosafety and will be
used to pressure for lower standards generally. It is incompatible with the
Biosafety Protocol. The NGO statementreflects these
concerns.
NGO Statement to MOP 1, Kuala Lumpur, 23 Feb 2004.
Delivered by Phil Bereano, USA, on behalf of many Civil Society Organizations
at the MOP
We congratulate all the Parties to the Cartagena Protocol on successfully
bringing it into force. We also welcome this opportunity to participate in the
Protocols implementation. We have worked with many delegations over the
years to reach this day.
1. We urge the Parties to apply themselves at this meeting to actually
implementing the text, rather than listening to any entreaties to re-open
issues that have been settled. We feel it is especially inappropriate for some
non-Parties to attempt to modify the intention of the text or to weaken its
full and prompt implementation .
The delicate balance in the Preamble regarding the relationship of the
Protocol to other international agreements must be maintained. Pressures to
subordinate biosafety protection to WTO rules by facilitating trade without
considering other social, cultural, and environmental values should be strongly
resisted by the Parties.
We have always applauded the democracy, transparency and inclusiveness of
the UN process, especially valuable in this era of unilateralism. However,
these processes must not be abused by those seeking to delay or dilute the
effectiveness of the Protocol.
Since non-Party delegations do not have the right to vote, none of them
should be allowed to undermine the efforts of Parties to carry out the
Protocols provisions. We urge that non-Party countries not be given
special privileges or deference in the MOP processes.
We have concerns about Articles 24 and 14 of the Protocol that allow
bilateral and/or regional arrangements between Parties and non-Parties. We
condemn the tripartite initiative between the United States and Canada
(non-Party countries) and Mexico (a Party country), made within the framework
of NAFTA concerning documentation for genetically modified organisms destined
for human or animal consumption or processing. This is claimed to be compatible
with the Cartagena objectives but in our view violates it by allowing a
lower degree of protection than in the Protocol. The 5% threshold of
contamination suggested by industry and mentioned in the tripartite agreement
is unacceptable as it threatens biosafety and will be used to pressure for
lower standards generally.
2. The Protocol has been widely praised for setting up decision-making
procedures based on the Precautionary Principle, recognizing the inherent
sovereignty of every country to control what crosses its borders. But
experience and further discussions will be necessary to ensure that the
processes of granting Advanced Informed Agreement are based on full and
transparent risk assessment practices. These assessments must take into account
the real socio-economic impacts that will result from transboundary movements
of LMOs.
We are, therefore, concerned that the draft for the Medium Term Work Plan
postpones consideration of public participation to the Third MOP and
socio-economic impacts to the Fourth. These issues are far too important to
4. We would like to bring attention to an
issue of procedure: text has been included in document UNEP/CBD/BS/COP-MOP/1/6,
Annex II that was not approved by ICCP 3--specifically, paragraph 9 (j)-(w), on
page 23. We call on Parties to review those provisions and their implications.
We urge all countries of the world to sign
and ratify the Cartagena Protocol and to work in good faith for its full
implementation.
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