Potential trade implications of CBD and the Cartagena Protocol on Biosafety MEA – UNEP meeting on...

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Potential trade implications of CBD and the Cartagena Protocol on Biosafety MEA – UNEP meeting on Enhancing MEA and WTO Information Exchange 11 November, Palais des Nations, Geneva Secretariat of the Convention on Biological Diversity

Transcript of Potential trade implications of CBD and the Cartagena Protocol on Biosafety MEA – UNEP meeting on...

Potential trade implications of CBD and the Cartagena Protocol

on BiosafetyMEA – UNEP meeting on Enhancing MEA and WTO

Information Exchange

11 November, Palais des Nations, Geneva Secretariat of the Convention on Biological Diversity

CBD: trade-related aspects -- November 2002 – Slide 2

Outline

Section I: The CBD1. Introduction: CBD objectives, general features,

overview

2. Potential trade implications of CBD provisions

3. Relationship with WTO

Section II: The Biosafety Protocol1. Overview

2. Examples of provisions with trade implications

3. Relationship with WTO

CBD: trade-related aspects -- November 2002 – Slide 3

CBD: Objectives (Art. 1)

• Conservation of biological diversity

• Sustainable use of its components

• Fair and equitable sharing arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of technologies

CBD: trade-related aspects -- November 2002 – Slide 4

CBD: General features

• Convention sets goals, establishes general principles

• Application of specific measures largely prerogative of Parties

• Provisions may guide Parties to take measures with impacts on trade and the WTO framework

CBD: trade-related aspects -- November 2002 – Slide 5

CBD: OverviewArt. 1 – 5 General provisions

Art. 6 General measures for conservation and sustainable use

Art. 7 Identification and Monitoring

Art. 8 In-situ conservation

Art. 9 Ex-situ conservation

Art. 10 Sustainable use

Art. 11 Incentive measures

Art. 12 Research and training

Art. 13 Public education and awareness

Art. 14 Impact assessment and minimizing adverse Impacts

Art. 15 Access to genetic resources

Art. 16 Access to and transfer of technology

Art. 17 –18 Information exchange; technical and scientific information

Art. 19 Handling of biotechnology and distribution of its benefits

Art. 20 – 21 Finance

Art. 22 Relationship with other conventions

Art. 23 – 42 Convention process and institutional arrangements

CBD: trade-related aspects -- November 2002 – Slide 6

Trade-related provisionsArt. 1 – 5 General provisions

Art. 6 General Measures for conservation and sustainable use

Art. 7 Identification and Monitoring

Art. 8 In-situ conservation

Art. 9 Ex-situ conservation

Art . 10 Sustainable use

Art. 11 Incentive measures

Art. 12 Research and training

Art. 13 Public education and awareness

Art. 14 Impact assessment and minimizing adverse Impacts

Art. 15 Access to genetic resources

Art. 16 Access to and transfer of technology

Art. 17 –18 Information exchange; technical and scientific information

Art. 19 Handling of biotechnology and distribution of its benefits

Art. 20 – 21 Finance

Art. 22 Relationship with other conventions

Art. 23 – 42 Convention process and institutional arrangements

CBD: trade-related aspects -- November 2002 – Slide 7

Trade-related provisions

Identification, monitoring and policy responses

• Relevant articles: 7 (c), 14 (a) and (b), 8 (l), 6

• Obligations for identification, monitoring, assessment

• Obligations for policy responses, policy integration

• Implications for trade or trade policies

CBD: trade-related aspects -- November 2002 – Slide 8

Trade-related provisions

Sustainable use and incentive measures• Relevant articles: 6 (a), 10 (a), 11• Classification of incentive measures• Positive incentives measures and possible trade

implications• Perverse incentives measures and possible trade

implications• Indirect incentives measures and possible trade

implications

CBD: trade-related aspects -- November 2002 – Slide 9

Trade-related provisions

Alien Invasive Species

• Relevant articles: 8 (h)

• Trade-related aspects: the role of border control and quarantine measures

CBD: trade-related aspects -- November 2002 – Slide 10

Trade-related provisions

Access and benefit sharing; protection of biodiversity-related traditional knowledge

• Relevant articles: 15, 8 (j), 10 (d), 18.4• Aspects related to TRIPS: recent COP Decisions

• Role of IPR as a means to ensure benefit sharing: joint ownership, sharing of royalties, …

• Role of IPR to encourage access and benefit sharing and contribute to protection of traditional knowledge: disclosure of country of origin

• Need for further information gathering and analysis

CBD: trade-related aspects -- November 2002 – Slide 11

Trade-related provisions

Technology transfer

• Relevant articles: 16, 19.2

• Aspects related to TRIPS: the role of IPR

CBD: trade-related aspects -- November 2002 – Slide 12

Relationship with WTO

Article 22 (1): Relationship with other international conventions

“The provisions of this Convention shall not affect the rights and obligations of any Contracting Party deriving from any existing international agreement, except where the exercise of those rights and obligations would cause a serious damage or threat to biological diversity.”

CBD: trade-related aspects -- November 2002 – Slide 13

Relationship with WTO

Applications for observer status

• CTE (granted)

• CTE Special Session (pending)

• TRIPS Council (pending)

• Committee on Agriculture (pending)

Section II

The Biosafety Protocol and its relationship with international

trade

CBD: trade-related aspects -- November 2002 – Slide 15

Objective

• In accordance with the precautionary approach contained in Principle 15 of the Rio Declaration, to contribute to ensuring adequate level of protection in the field of the safe transfer, handling and use of LMOs resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking into account risks to human health

CBD: trade-related aspects -- November 2002 – Slide 16

Scope

• Applying to:- Transboundary movement (main focus)- Transit- Handling and - Use

of all LMOs that may have adverse effects on the conservation and sustainable use of biodiversity, taking into account risks to human health

• Exception: - Pharmaceuticals covered by other relevant

international agreements or organizations

CBD: trade-related aspects -- November 2002 – Slide 17

Means

• General measures

• Procedural and other requirements

• Operational mechanisms

(Biosafety Clearing-House)

CBD: trade-related aspects -- November 2002 – Slide 18

General measures

• Not restricting the right of Parties to take action that is more protective than that called for in the Protocol, provided it is:

- consistent with the objective and the provisions of the Protocol;

- in accordance with that Party’s obligations under

international law

CBD: trade-related aspects -- November 2002 – Slide 19

Procedural and other requirements

Three categories of LMOs:• LMOs for intentional introduction into the

environment (e.g. seed)

• LMOs intended for direct use as food or feed or for processing (e.g. genetically modified fruits for human consumption)

• LMOs for contained use (e.g. for laboratory use)

CBD: trade-related aspects -- November 2002 – Slide 20

Procedural and other requirements

• Advance Informed Agreement Procedure (AIA procedure)

• Procedure for LMOs intended for direct use as food or feed or for processing (LMO-FFP procedure)

• Requirements for handling, transport, packaging and identification

CBD: trade-related aspects -- November 2002 – Slide 21

AIA procedure

• Application:

First intentional transboundary movement of LMOs for intentional introduction into the environment of the Party of import

• Procedural steps:

Notification by the Party of export/exporter acknowledgement of receipt of notification by the Party of import decision-making review of decision

CBD: trade-related aspects -- November 2002 – Slide 22

AIA procedure

Decision-making:

• Risk Assessment

• Precautionary Approach

CBD: trade-related aspects -- November 2002 – Slide 23

AIA procedure

Risk Assessment

• Carry out in a scientific sound manner

• Conduct in accordance with a technical annex containing general principles and methodologies

CBD: trade-related aspects -- November 2002 – Slide 24

AIA procedure

• Outcomes of decision-making:- Approving the import, with or without

conditions; - Prohibiting the import; - Requesting additional information; - Extending 270 days deadline by a defined

period of time

• Review of decisions

CBD: trade-related aspects -- November 2002 – Slide 25

Procedure for LMO-FFPs

• Informing of final decisions on domestic use, placing on the market of LMOs

• Decision-making on imports: subject to domestic regulatory framework that is consistent with the objective of the Protocol

• Precautionary approach

CBD: trade-related aspects -- November 2002 – Slide 26

Precautionary Approach

Lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse affects of a LMO on the conservation and sustainable use of biological diversity in the Party of import, taking also into account risks to human health, shall not prevent that Party from taking a decision, as appropriate, with regard to the import of the LMO in question in order to avoid or minimize such potential adverse effects.

CBD: trade-related aspects -- November 2002 – Slide 27

Socio-Economic Considerations

• Take into account socio-economic considerations arising from the impact of LMOs on the conservation and sustainable use of biodiversity, especially with regard to the value of biodiversity to indigenous and local community

• Consistent with Parties’ international obligations

CBD: trade-related aspects -- November 2002 – Slide 28

Trading with Non-Parties

• Consistent with the objective of the Protocol

• Encouraging non-parties to adhere to the Protocol

CBD: trade-related aspects -- November 2002 – Slide 29

Other requirements

Handling, transport, packaging and identification

• Documentation accompanying shipment of LMOs (identification of LMOs, contact information, etc. )

• Consideration of the need for and modality of developing standards

CBD: trade-related aspects -- November 2002 – Slide 30

Relationship with other agreements

Most Relevant WTO Agreements

• The SPS Agreement

• The TBT Agreement

• The GATT 1994

CBD: trade-related aspects -- November 2002 – Slide 31

Relationship with other agreements

• Mutual supportiveness

• Not imply a change in the rights and obligations of a Party under any existing international agreements

• Not intend to subordinate the Protocol to other international agreements

CBD: trade-related aspects -- November 2002 – Slide 32

Relationship with other agreements

Application of Observer Status

• The SPS Committee (Pending)

• The TBT Committee (Pending)