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Protocol?
What are the benefits of becoming a Party to the Protocol?
Index
14. What is the procedure for LMOs intended for direct use as food
or feed, or for processing?
LMOs intended for direct use as food or feed, or processing (LMOs-FFP)
represent a large category of agricultural commodities. The Protocol, instead
of using the AIA procedure, establishes a more simplified procedure for the
transboundary movement of LMOs-FFP. Under this procedure, A Party must
inform other Parties through the Biosafety Clearing-House, within 15 days,
of its decision regarding domestic use of LMOs that may be subject to
transboundary movement.
Decisions by the Party of import on whether or not to accept the import of
LMOs-FFP are taken under its domestic regulatory framework that is
consistent with the objective of the Protocol. A developing country Party or a
Party with an economy in transition may, in the absence of a domestic
regulatory framework, declare through the Biosafety Clearing-House that its
decisions on the first import of LMOs-FFP will be taken in accordance with
risk assessment as set out in the Protocol and timeframe for decisionmaking.
In case of insufficient relevant scientific information and knowledge, the
Party of import may use precaution in making their decisions on the import
of LMOs-FFP. (seeArticle 11.8)
However, the Protocol`s AIA procedure does not apply to certain categories
of LMOs:
event
of
unintentional
carried out in a manner that is consistent with the objective of the Protocol.
Parties are required to encourage non-Parties to adhere to the Protocol and
to contribute information to the Biosafety Clearing-House. (seeArticle 24)
The first meeting of COP-MOP adopted a decision providing guidance on
transboundary movements of LMOs between Parties and non-Parties
(Decision BS-I/11).
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19. How does the Protocol address capacity-building?
The Protocol promotes international cooperation to help developing countries
and countries with economies in transition to build human resources and
institutional capacity in biosafety. Parties are encouraged to assist with
scientific and technical training and to promote the transfer of technology,
know-how, and financial resources. Parties are also expected to facilitate
private sector involvement in capacity building (see Article 22). The first
meeting of COP-MOP adopted two decisions to promote capacity-building for
the effective implementation of the Protocol, through the establishment of a
roster of experts on biosafety (Decision BS-I/4) and an Action Plan for
building capacities (Decision BS-I/5).
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20. What initiatives have been taken towards capacity building for
the effective implementation of the Protocol?
A number of initiatives have been implemented at various levels to support
countries to meet their capacity-building requirements under the Biosafety
Protocol. The Action Plan for building capacities adopted by the first meeting
of COP-MOP (see Decision BS-I/5) provides a framework to assist
governments and organizations to better address priority capacity-building
elements in a strategic, systematic and integrated manner. A Coordination
Mechanism was established to facilitate coherent and collaborative
implementation of the Action Plan and to ensure mutual supportiveness
among different initiatives. Capacity-building databases have been
developed in the Biosafety Clearing-House to allow exchange of information
on on-going activities, identification of gaps and improved targeting of
available resources and opportunities to meet specific country needs and
priorities. In addition, a roster of experts has been established to provide
advice and other support, as appropriate and upon request, to developing
country Parties and Parties with economies in transition, to conduct risk
assessment, make informed decisions, develop national human resources
and promote institutional strengthening, associated with the transboundary
movements of living modified organisms.
Governments and organizations have also initiated various capacity-building
activities, projects and programs related to biosafety. One example of such
imported. In accordance with the laws and regulations of Parties, the public
is to be consulted in the decision-making process regarding LMOs, made
aware of the results of such decisions and informed about the means of
public access to the Biosafety Clearing-House. (seeArticle 23)
According to the medium-term programme of work adopted by the first
meeting of COP-MOP (see Decision BS-I/12), the issue of public awareness
and participation will be considered at the second meeting of COP-MOP, to
be held in the second quarter of 2005 (see Decision BS-I/13).
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and
The Protocol requires Parties to promote and facilitate, on their own and in
cooperation with other States and international bodies, public awareness,
education and participation concerning the subject of the Protocol and to
ensure that the public has access to information on LMOs that may be
The Working Group completed its work and submitted its report to COP-MOP
at its fourth meeting held in May 2008. Because there were still unresolved
issues, COP-MOP 4 decided (decision BS-IV/12) that the negotiations should
continue within a regionally balanced small group setting, known as Group
of Friends of the Co-Chairs. The small group completed its work and
It should also be noted that once information is made available to the BCH
in accordance with Article 20 and other provisions of the Protocol, it will not
be considered confidential as the objective is to make this information
publicly available (see decision BS-I/3, Annex, Section B, paragraph (q)).
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22. How does
participation?
the
Protocol
address
public
awareness
State ninety days later provided the Protocol itself has already entered into
force at that time; at this point the State is bound by the provisions of the
Protocol and must comply with the obligations therein.
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30. How does one become a Party to the Protocol?
Only a Party to the Convention on Biological Diversity can become a Party to
the Protocol (see Article 32.1 of the Convention), through one of the
following legal means: ratification, acceptance, approval or accession. Each
of these has the same legal effect.
If a Party to the Convention signed the Protocol during the time period
specified in Article 36 of the Protocol, it may, depending on domestic legal
requirements, choose to become a Party to the Protocol through ratification,
acceptance or approval.
If a Party to the Convention did not sign the Protocol during the time period
specified in Article 36, it may become a Party to the Protocol through
accession.
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31. What is the procedure to deposit instruments of ratification,
acceptance, approval or accession with the Depositary?
The procedure to deposit instruments of ratification, acceptance, approval or
accession
with
the
Depositary
is
outlined
in:
http://www.cbd.int/doc/legal/cp-proc-rat-en.pdf
ratification was deposited on 13 June 2003, the Protocol entered into force
on 11 September 2003.
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34. Are there any financial obligations resulting from becoming a
Party to the Protocol?
In accordance with Article 29.5 of the Protocol, the financial rules of the
Convention apply, as appropriate, to the Protocol. Under the financial rules
of the Convention, every Party to the Convention is required to make an
annual contribution to cover the costs of the administration of the
Convention, including the functions of the Secretariat. The scale for
assessing the levels of contributions that each Party is to pay is based on the
United Nations scale of assessment for the apportionment of the expenses of
the Organization. Contributions by developing country Parties, in particular
the least developed ones, are relatively small and usually nominal. In fact,
as far as the least developed country Parties are concerned, they are not, as
a rule, required to pay more than 0.01 per cent of the total budget approved
for any budget year.
It should be noted that, according to Article 31.1 of the Protocol, the
Secretariat of the Convention serves also as the Secretariat to the Protocol.
The costs of the Secretariat services for the Protocol, to the extent that they
are distinct from those to the Convention, shall be met by the Parties to the
Protocol. At its first meeting, the Conference of the Parties serving as the
meeting of the Parties to the Protocol appvoed a core budget programme for
the distinct costs of the Protocol and provisionally adopted a scale of
assessment to apportion those costs among the parties to the Protocol (see
Decision BS-I/10).
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