Title: The Cartagena Protocol on Biosafety to the Convention on Biological Diversity.

Summary of Provisions:

While recognising the potential benefits of modern biotechnology, this Protocol was created to try to minimise the risks to genetic diversity posed by living modified organisms (LMOs), i.e. "organisms resulting from the use of modern biological techniques" (http://www.cbd.int/biosafety/faqs.shtml). It includes guidelines for the "safe transfer, handling and use of living modified organisms" (Article 1, http://www.cbd.int/doc/legal/cartagena-protocol-en.doc). It also established a procedure of 'advanced informed agreement' (AIA) for any transboundary movement of LMOs. For this exporting parties must give written notice and gain consent from the importing party prior to the first movement.

The Protocol also called for the establishment of a Biosafety Clearing House to facilitate exchange of information between parties, collate national laws and regulations and assist in implementation of the agreement. The pilot phase of the Biosafety Clearing house was launched at the first meeting of the Intergovernmental Committee for the Cartagena Protocol (ICCP) in December 2000. The full version can now be accessed online at http://bch.biodiv.org/.

Under the Protocol each member must appoint a 'competent national authority' and a 'national focal point' to be responsible for administering the Protocol and reporting back to the ICCP (Article 19). Parties are encouraged to advance public awareness of "safe transfer, handling and use"(Article 23, http://www.cbd.int/doc/legal/cartagena-protocol-en.doc) and to help developing countries to fulfil their obligations through financial aid and the transfer of technology (Articles 22 and 28).

Certain pharmaceutical products are excluded from the Protocol, but only those that are covered by other international regulations.

Summary of Development:

As part of the 1992 Convention on Biodiversity a working group on biosafety was set up to draft the Protocol, which was adopted on 29th January 2000. In a departure from the World Trade Organisation's regulations on trade which "must be based on sound scientific knowledge" (http://www.cbd.int/biosafety/faqs.shtml) the Cartagena Protocol incorporates the precautionary approach of the 1992 Rio Declaration allowing parties to act, even when there is scientific uncertainty, to avoid potential risks.

Current Status:

Adopted on 29th January 2000. 50 ratifications were required for the Protocol to enter into force. The 50th ratification of the Protocol was made on 13th June 2003 and the Protocol entered into force on 11th September 2003, 90 days later. As of March 2009the Protocol has 153 States Parties.

Precursors:

A development of the 1992 Convention on Biodiversity.

Cartagena Biosafety Protocol
Biosafety Clearing House Mechanism

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Related Summaries on the Genomics Gateway Site:

Convention on Biodiversity
UNEP Guidelines for Safety in Biotechnology
Bonn Guidelines on Access to Plant Genetic Resources

Page last updated 26th March 2009.

Comments/enquiries to catherine.rhodes-2 'at' manchester.ac.uk