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Profile: Ad Hoc Working Group on Biosafety (BSWG)
Ad Hoc Working Group on Biosafety (BSWG) was a participant or observer in the following events:
In Montreal, Canada, the Ad Hoc Working Group on Biosafety (BSWG) continues negotiations on the text of the Cartagena Protocol on Biosafety (CPB), the first protocol to the Convention on Biological Diversity (CBD). The conference is the last in a series of BSWG discussions that began on February 22, 1999 in Cartagena, Colombia. It is attended by over 750 participants, representing 133 governments, NGOs, industry organizations, and the scientific community. The purpose of the protocol is to develop a set of international minimum safety standards for the regulation of trade in genetically engineered organisms (GMOs). The major points of contention during the negotiations relate to (1) the obligations of an exporter to inform importers of shipments containing GMOs, (2) the rights of an importer to reject GMO imports, and (3) whether CBD or World Trade Organization (WTO) regulations have primacy in cases where there is a conflict between the two. The two main negotiating blocks are the “Miami Group” (which includes the GMO-exporting countries of the US, Canada, Australia, Argentina, Chile, and Uruguay) on one side and the European Union and the Like Minded Group (which includes most developing countries) on the other. The Miami Group had formed earlier in Cartagena in order to prevent genetically modified agricultural commodities from being included within the scope of the Protocol, preferring that their regulation remain solely under the jurisdiction of the WTO. The delegates agree on a final draft during the early morning hours of January 29. [Cartagena Protocol on Biosafety (CPB), 6/5/1992; IISD Linkages, 2/18/2000; EAAP News, 8/2000; Genewatch, 3/24/2004; Convention on Biological Diversity, 2/26/2005; Biowatch, 3/26/2005] The Protocol will enter into force on September 11, 2003, ninety days after receiving its 50th ratification. [Convention on Biological Diversity, 2/26/2005]
Biodiversity Clearing-House - The CPB establishes a “Biodiversity Clearing-House” to facilitate the exchange of information on GMOs and to assist countries in the implementation of the Protocol. [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Genewatch, 3/24/2004; Biowatch, 3/26/2005]
Advanced Informed Agreement (AIA) - The Protocol requires exporters of GMOs to seek permission from the importing country before the GMOs are exported. For most GMO exports, the exporter will be required to follow a set of procedures referred to as the “Advance Informed Agreement” (AIA). However, for GMOs intended for food, feed, or processing (LMO-FFPs), and not planting, a different, less rigorous notification system applies. For these types of GMOs the CPB only requires governments to notify the Biodiversity Clearing-House when they have decided to permit the use of a GMO in their own country and to supply certain information about it. This alternative notification system for food, feed, and processing GMOs was a concession negotiated by the GMO-exporting Miami Group. Pharmaceutical GMOs, GMOs-in-transit, and GMOs intended for use in a laboratory, are also subject to fewer, less stringent regulations. [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Genewatch, 3/24/2004; Biowatch, 3/26/2005]
The Precautionary Principle - The CPB permits countries to restrict or ban a GMO if they believe there is a potential for the GMO to cause adverse affects. Conclusive scientific evidence is not necessary. “Lack of scientific certainty due to insufficient relevant scientific information and knowledge regarding the extent of the potential adverse effects of a living modified organism shall not prevent that Party from taking a decision, as appropriate, to avoid or minimize such potential adverse effects.” [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Genewatch, 3/24/2004; Biowatch, 3/26/2005]
Multilateral Trade Agreements vs. Convention on Biological Diversity - The Cartagena Protocol contains provisions that address circumstances that would also be under the jurisdiction of certain trade agreements. But it does not address the issue of which set of regulations should take precedence, only stating that “trade and environment agreements should be mutually supportive with a view to achieving sustainable development.” [Cartagena Protocol on Biosafety (CPB), 6/5/1992; Biowatch, 3/26/2005]
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