THE CONVENTION ON BIOLOGICAL DIVERSITY ANDTHE CONVENTION ON BIOLOGICAL DIVERSITY ANDTHE CARTAGENA PROTOCOL ON BIOSAFETYTHE CARTAGENA PROTOCOL ON BIOSAFETY

* Chairman, National Biosafety Committee* Chairman, National Biosafety Committee Chairman, Ad Hoc Working Group on BWC Chairman, Ad Hoc Working Group on BWC

Chairman, Ad Hoc Working Group on IAS Chairman, Ad Hoc Working Group on IAS Chairman, Ad Hoc Working Group on Biosafety Chairman, Ad Hoc Working Group on Biosafety

Law Drafting CommitteeLaw Drafting Committee

Banpot Napompeth *Banpot Napompeth * Adviser Adviser

National Biological Control Research Center (NBCRC)National Biological Control Research Center (NBCRC)Kasetsart University, Bangkok ThailandKasetsart University, Bangkok Thailand

Chronology of the Events on the Global Environment and DevelopmentChronology of the Events on the Global Environment and DevelopmentLeading to the Convention on Biological Diversity and the Cartagena Protocol Leading to the Convention on Biological Diversity and the Cartagena Protocol

on Biosafetyon Biosafety

• 1962 Rachel Carson’s SILENT SPRING1962 Rachel Carson’s SILENT SPRING

• 1972 UN Conference on the Human Environment organized in Stockholm, 1972 UN Conference on the Human Environment organized in Stockholm, Sweden (The Stockholm Conference)Sweden (The Stockholm Conference)

• 1981 IUCN began drafting the “Convention on Biological Diversity”1981 IUCN began drafting the “Convention on Biological Diversity”

• 1987 UN World Commission on Environment and Development1987 UN World Commission on Environment and Development (The concept of Sustainable Development initiated)(The concept of Sustainable Development initiated)

• December 1989 UN General Assembly (UNGA) called for a meeting of all December 1989 UN General Assembly (UNGA) called for a meeting of all the nations on earth to deal with the problems and resolutions on matters the nations on earth to deal with the problems and resolutions on matters related to the environment and development (“An Earth Summit”) related to the environment and development (“An Earth Summit”)

• May 22, 1992 UN Convention on Biological Biodiversity (CBD) adoptedMay 22, 1992 UN Convention on Biological Biodiversity (CBD) adopted

• June 13, 1992 UN Conference on Environment and Development June 13, 1992 UN Conference on Environment and Development (UNCED) (The Earth Summit/The Rio Summit) organized in Rio de (UNCED) (The Earth Summit/The Rio Summit) organized in Rio de Janeiro, Brazil (Signing of the CBD) (67 signatures)Janeiro, Brazil (Signing of the CBD) (67 signatures)

• December 29, 1992 CBD entered into force on the 90th day after the date December 29, 1992 CBD entered into force on the 90th day after the date of deposit of the 30th instrument of ratification, acceptance, approval of deposit of the 30th instrument of ratification, acceptance, approval

or accession (now 188 Parties, Thailand is the 188th Party)or accession (now 188 Parties, Thailand is the 188th Party)

• January 29, 2000 at 04:50 AM the Cartagena Protocol on Biosafety January 29, 2000 at 04:50 AM the Cartagena Protocol on Biosafety adopted in Montreal, Canada adopted in Montreal, Canada

• September 2002 World Summit on Sustainable Development (WSSD), September 2002 World Summit on Sustainable Development (WSSD), or the Rio + 10, or the Johannesburg Summit or the Rio + 10, or the Johannesburg Summit (WEHABE - Water, Environment, Health, Agriculture, Biodiversity,(WEHABE - Water, Environment, Health, Agriculture, Biodiversity, and Education)and Education) (Johannesburg Plan of Implementation)(Johannesburg Plan of Implementation) (To reduce biological diversity loss by 2010)(To reduce biological diversity loss by 2010) (Partnership Types I and II)(Partnership Types I and II)

• September 11, 2003 the Cartagena Protocol on Biosafety entered into force , September 11, 2003 the Cartagena Protocol on Biosafety entered into force , the 90th day after the date of deposit of the 50th instrument of ratification, the 90th day after the date of deposit of the 50th instrument of ratification, approval or accession by States or regional economic integration approval or accession by States or regional economic integration organizations that are Parties to the CBD organizations that are Parties to the CBD

(as of August 4, 2004 there are 107 Parties, Thailand is yet to ratify the (as of August 4, 2004 there are 107 Parties, Thailand is yet to ratify the Protocol)Protocol)

Globally Important International Agreements Related to Biological Globally Important International Agreements Related to Biological Diversity from the Rio Summit Diversity from the Rio Summit

• The Rio Declaration on the Environment and DevelopmentThe Rio Declaration on the Environment and Development

• CBD (Convention on Biological Diversity)CBD (Convention on Biological Diversity)

• Agenda 21 (Programs of Action for Sustainable Development)Agenda 21 (Programs of Action for Sustainable Development)

The Rio Declaration on the Environment and Development The Rio Declaration on the Environment and Development

• A document of “Hope”A document of “Hope”

• A principal global plan to confront and overcome the economic and A principal global plan to confront and overcome the economic and ecological problems of the late 20th Century into the 21st Centuryecological problems of the late 20th Century into the 21st Century

• It provides a comprehensive blueprint for humanity to use to forge itsIt provides a comprehensive blueprint for humanity to use to forge its way into the 21st Centuryway into the 21st Century

• It is not a static document, it is a plan actionIt is not a static document, it is a plan action • It is meant to be a hands-on instrument to guide the development of It is meant to be a hands-on instrument to guide the development of the earth in a sustainable mannerthe earth in a sustainable manner

Agenda 21Agenda 21 (Program of Action for Sustainable Development) (Program of Action for Sustainable Development)

Agenda 21Agenda 21Chapter 16 - Environmentally Sound Management Chapter 16 - Environmentally Sound Management of Biotechnology of BiotechnologyProgram Area D: Enhancing safety and developing Program Area D: Enhancing safety and developing international mechanism for cooperation international mechanism for cooperation

Convention on Biological DiversityConvention on Biological Diversity(CBD)(CBD)

(Conservation of Biological Diversity, Sustainable Use of Its Components and (Conservation of Biological Diversity, Sustainable Use of Its Components and Fair and Equitable Sharing of the Benefit Arising out of the utilization of Fair and Equitable Sharing of the Benefit Arising out of the utilization of

Genetic Resources)Genetic Resources)

Article 19 - Handling of Biotechnology and Article 19 - Handling of Biotechnology and Distribution of Its Benefits Distribution of Its Benefits

Para 3 – “The Parties shall consider the need for and Para 3 – “The Parties shall consider the need for and modalities of a protocol setting out appropriate modalities of a protocol setting out appropriate procedures, including, in particular, advance procedures, including, in particular, advance informed agreement (AIA), in the field of safe informed agreement (AIA), in the field of safe transfer, handling and use of any living transfer, handling and use of any living modified organism (LMO) resulting from modified organism (LMO) resulting from biotechnology that may have adverse effect on biotechnology that may have adverse effect on the conservation and sustainable use of the conservation and sustainable use of biological diversity” biological diversity”

Cartagena Protocol on BiosafetyCartagena Protocol on Biosafety

(Ensuring an Adequate Level of Protection in the Field of the Safe Transfer, (Ensuring an Adequate Level of Protection in the Field of the Safe Transfer, Handling and Use of Living Modified Organisms (LMOs) Resulting from Handling and Use of Living Modified Organisms (LMOs) Resulting from Modern Biotechnology (Genetic Engineering) that May have Adverse Effects Modern Biotechnology (Genetic Engineering) that May have Adverse Effects on the Conservation and Sustainable Use of Biological Diversity, Taking also on the Conservation and Sustainable Use of Biological Diversity, Taking also into Account Risks to Human Health, and specifically focusing on into Account Risks to Human Health, and specifically focusing on Transboundary Movements)Transboundary Movements)

International Legally Binding Agreement Under the CBDInternational Legally Binding Agreement Under the CBD

Tools under the Cartagena Protocol to promote biosafety

• Advance Informed Agreement (AIA)

• Biosafety Clearing-House (BCH)

• Risk Assessment and Risk Management Framework

• Capacity Building

• Public Awareness

Conferences of the Parties Conferences of the Parties (COPs)(COPs)

Conference of the Parties to the Convention on Biological Diversity (COP) Serving Conference of the Parties to the Convention on Biological Diversity (COP) Serving as the Meeting of the Parties to the Cartagena Protocol on Biosafetyas the Meeting of the Parties to the Cartagena Protocol on Biosafety

(COP/MOP)(COP/MOP)

Open Ended AD Hoc Working Group on Biosafety Open Ended AD Hoc Working Group on Biosafety (BSWG) (BSWG)

andand

Intergovernmental Committee for the Cartagena Protocol on BiosafetyIntergovernmental Committee for the Cartagena Protocol on Biosafety (ICCP) (ICCP)

COP-1 Nassau, The Bahamas COP-1 Nassau, The Bahamas (November – December 1994) (November – December 1994)

COP-2 Jakarta, IndonesiaCOP-2 Jakarta, Indonesia (November 1995) (November 1995) Decision II/5 established an Open Ended Ad Hoc Decision II/5 established an Open Ended Ad Hoc Working Group on Biosafety (BSWG) Working Group on Biosafety (BSWG)

COP-3 Buenos Aires, ArgentinaCOP-3 Buenos Aires, Argentina (November 1996) (November 1996)

COP-4 Bratislava, Slovak RepublicCOP-4 Bratislava, Slovak Republic (May 1998) (May 1998)

Conferences of the Parties (COPs):Conferences of the Parties (COPs):

COP-5 Nairobi, KenyaCOP-5 Nairobi, Kenya (May 2000) (May 2000) Signing of the Cartagena Protocol Signing of the Cartagena Protocol (67 signatures) (67 signatures) Intergovernmental Committee for the Intergovernmental Committee for the Cartagena Protocol on Biosafety (ICCP) was Cartagena Protocol on Biosafety (ICCP) was established by Resumed ExCOP in Montreal established by Resumed ExCOP in Montreal when the Cartagena Protocol on Biosafety when the Cartagena Protocol on Biosafety was adopted January 29, 2000 was adopted January 29, 2000

COP-6 The Hague, The NetherlandsCOP-6 The Hague, The Netherlands (April 2000) (April 2000)

COP-7 Kuala Lumpur, MalaysiaCOP-7 Kuala Lumpur, Malaysia (February 2004) (February 2004)

COP-8 BrazilCOP-8 Brazil (The first half of 2006) (The first half of 2006)

CBD Negotiating Groups:CBD Negotiating Groups:

• European Community (EU)European Community (EU)• JUSCANZ (Japan, US, Canada, Australia, New Zealand)JUSCANZ (Japan, US, Canada, Australia, New Zealand)• Central and Eastern Europe (CEE)Central and Eastern Europe (CEE)• GRULAC (Latin American and Caribbean Group)GRULAC (Latin American and Caribbean Group)• African GroupAfrican Group• Asia and Pacific GroupAsia and Pacific Group• Others:Others: - Arab Group- Arab Group - G-77/China- G-77/China - Pacific Small Island Developing States (SIDS)- Pacific Small Island Developing States (SIDS) - Like-Minded Megadiverse Countries- Like-Minded Megadiverse Countries

Conference of the Parties to the CBD serving as the Meeting of the Parties Conference of the Parties to the CBD serving as the Meeting of the Parties to the Cartagena Protocol on Biosafety (COP/MOP):to the Cartagena Protocol on Biosafety (COP/MOP):

COP/MOP-1 Kuala Lumpur, Malaysia COP/MOP-1 Kuala Lumpur, Malaysia (February 2004, back to back with COP-7) (February 2004, back to back with COP-7)

COP/MOP-2 Montreal, Canada COP/MOP-2 Montreal, Canada (2005) (2005)

Ad Hoc Working Group on Biosafety Meetings:Ad Hoc Working Group on Biosafety Meetings:

BSWG-1 Aarhus, Denmark (July 1996)BSWG-1 Aarhus, Denmark (July 1996)

BSWG-2 Montreal, Canada (May 1997)BSWG-2 Montreal, Canada (May 1997)

BSWG-3 Montreal, Canada (October 1997)BSWG-3 Montreal, Canada (October 1997)

BSWG-4 Montreal, Canada (February 1998)BSWG-4 Montreal, Canada (February 1998)

BSWG-5 Montreal, Canada (August 1998)BSWG-5 Montreal, Canada (August 1998)

BSWG-6 Cartagena, Colombia (February 1999)BSWG-6 Cartagena, Colombia (February 1999)

ExCOP Meeting (February 1999) ExCOP Meeting (February 1999)

Informal Consultations to resume the ExCOP:Informal Consultations to resume the ExCOP: - Montreal, Canada (July 1, 1999) - Montreal, Canada (July 1, 1999) - Vienna, Austria (September 15-19, 1999) - Vienna, Austria (September 15-19, 1999)

“Vienna Setting” (A Hexagonal Negotiating Table)“Vienna Setting” (A Hexagonal Negotiating Table) established = Chair + 5 Negotiating Groups established = Chair + 5 Negotiating Groups

“Vienna Setting” was to be used at the Resumed ExCOP“Vienna Setting” was to be used at the Resumed ExCOP in Montreal January 24-28, 2000 in Montreal January 24-28, 2000

(Ironically, the Cartagena Protocol on Biosafety (Ironically, the Cartagena Protocol on Biosafety was not adopted until 04:50 AM January 29, 2000 was not adopted until 04:50 AM January 29, 2000

ICCP Meetings:ICCP Meetings:

ICCP-1 Montpellier, FranceICCP-1 Montpellier, France (December 2000) (December 2000)

ICCP-2 Nairobi KenyaICCP-2 Nairobi Kenya (October 2001) (October 2001)

ICCP-3 The Hague, The NetherlandsICCP-3 The Hague, The Netherlands (April 2002, back to back with COP-7) (April 2002, back to back with COP-7)

Cartagena Protocol on Biosafety Negotiating Groups:Cartagena Protocol on Biosafety Negotiating Groups:

• European Union (EU)European Union (EU)

• Central and Eastern European Group (CEE)Central and Eastern European Group (CEE)

• Miami Group (Argentina, Australia, Canada, Chile, United States, Uruguay)Miami Group (Argentina, Australia, Canada, Chile, United States, Uruguay)

• Like-minded Group (most developing countries)Like-minded Group (most developing countries)

• Compromise Group (Japan, Mexico, Norway, Republic of Korea andCompromise Group (Japan, Mexico, Norway, Republic of Korea and

Switzerland, later New Zealand and Singapore joined)Switzerland, later New Zealand and Singapore joined)

Other CBD Related Meetings:Other CBD Related Meetings:

- Chair (COP President)- Chair (COP President)- Vice Chair (Past COP President)- Vice Chair (Past COP President)- Regional Representatives: (10)- Regional Representatives: (10)

- European Community (EU) (1)- European Community (EU) (1)

- Central and Eastern Europe (CEE) (1)- Central and Eastern Europe (CEE) (1)

- GRULAC (2)- GRULAC (2)

- JUSCANZ (2)- JUSCANZ (2)

- African Group (2)- African Group (2)

- Asia and Pacific Group (2)- Asia and Pacific Group (2)

• COP Bureau Meeting: (12 members)COP Bureau Meeting: (12 members)

• SBSTTA - Subsidiary Body on Scientific, Technical and Technological SBSTTA - Subsidiary Body on Scientific, Technical and Technological Advice, according to CBD Article 25 Advice, according to CBD Article 25

• Other Subsidiary Bodies : Expert Groups, Ad Hoc Working Groups etcOther Subsidiary Bodies : Expert Groups, Ad Hoc Working Groups etc

• High Level Ministerial Segment during each COPHigh Level Ministerial Segment during each COP

Thank you all !Thank you all !