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DEPARTMENT: AGRICULTURE
CARTAGENA PROTOCOL ON BIOSAFETY TO THE CONVENTION ON BIOLOGICAL DIVERSITY
By
Shadrack R. Moephuli (Dr.)
Registrar: GMO Act
5 August 2003
DEPARTMENT: AGRICULTURE
What is this Protocol?
International Agreement – CBD auspices
Article 19, para 3 & 4; articles 8(g) & 17 – CBD
Principle 15 of Rio Declaration on Environment and Development
Regulatory Mechanism for Trans-boundary movement of living modified organisms (LMO)
DEPARTMENT: AGRICULTURE
Today’s Discussion?
Who does what?How is it coordinated?What is the impact on agricultural trade?Lessons?
DEPARTMENT: AGRICULTURE
Who does what? (Control Measures on GMO’s)
Domestic (National) Obligations• GMO Act• NEMA• Biodiversity Bill• National Biotechnology Strategy• Regulations on Food Labelling
International Obligations• Cartagena Protocol on Biodiversity• Convention on Biological Diversity• CODEX Alimentarius• WTO• International Undertaking on Genetic Resources
DEPARTMENT: AGRICULTURE
The Aims of the Act
To provide for measures to promote the responsible development, production, use and application of genetically modified organisms (including importation, production, release and distribution) shall be carried out in such a way as to limit possible harmful consequences to the environment; to give attention to the prevention of accidents and effective management of waste etc…
DEPARTMENT: AGRICULTURE
Who are the Parties?
As of 30 June 2003, 51 parties have ratified13 African countries: Lesotho, Kenya, Liberia,
Tanzania, Mozambique, Uganda, Cameroon, Tunisia, Djibouti, Botswana, Mauritius, Ghana.
16 EU countries: Bulgaria, Norway, Denmark, Austria, Belarus, France, Ukraine, Croatia, Spain, Sweden, Czech Republic, Slovenia, Luxembourg, Moldova.
DEPARTMENT: AGRICULTURE
Parties (continued)
10 countries of Asia Pacific region: Fiji, Nauru, Samoa, Niue, Bhutan, Maldives, India, Marshall Islands, Oman, Palau
10 countries of Central and South America: Trinidad & Tobago, St Kitts & Nevis, Bolivia, Venezuela, Nicaragua, Cuba, Ecuador, Colombia, Barbados, Panama
1 country of North America: Mexico
DEPARTMENT: AGRICULTURE
Who has not ratified?
China Brazil Canada Argentina Australia USA South Africa
Major Grain exporters? GMO in Agriculture?
DEPARTMENT: AGRICULTURE
Bio-Safety Structures
Executive CouncilRegistrarAdvisory Committee InspectorsAppealsRegulations
DEPARTMENT: AGRICULTURE
THE CARTAGENA PROTOCOL ON BIOSAFETY (CPB)
Entry into force: 11 September 2003Key provisions for full members:
• Documentation for shipments• Information flow to other parties• Clearing House Mechanism• Advanced Informed Agreement
DEPARTMENT: AGRICULTURE
PROTOCOL vs GMO ACT
LMO Protect biological diversity Risks to human health Trans-boundary Handling and use
GMO Protect biological diversity Risks to human health Import & Export Development Production Use Application
DEPARTMENT: AGRICULTURE
Practical Implications?
Governments• Regulatory
Commitments• Budgetary
implications• Commitments of
Exporting countries• Commitments of
Importing countries• Resource Implications
Private Sector• Obligations for
permits• Cost implications• Delays• Compliance
DEPARTMENT: AGRICULTURE
Actual Situation?
Currently more than 100 million tonnes of international trade in commodities affected by this Protocol.
Protocol has no transitional measures:• Most international trade in commodity maize and
soybean could become illegal by 11 September 2003 if either the importing or exporting country is a Party to the Protocol.
• Main effect may be on emergency food aid shipments in the short term
Countries of illegal import can sue countries of origin of these commodities for removal or destruction (art. 24)
Possible demand for capacity building before accepting shipments (SADC neighbours?)
DEPARTMENT: AGRICULTURE
Impact on Agricultural Trade
Agricultural trade is regulated by Governments, but Operated by the Private Sector
Poor/confusing regulatory systems – repercussions throughout the economy
Increase in transactional cost due to complexity of current GM regulatory framework (e.g. price of maize in Jan to June 2002 from R1500 to R2000/ton due to permit requirements)
Regulatory confusion – Private Sector becomes cautious: safety ring
DEPARTMENT: AGRICULTURE
Impact on Agricultural Trade (continued)
Private Sector Safety Ring example:• EU Retailers demands• Botswana and Namibia Beef Exports• Cost of food? Food Aid?• Requests from SA exporters?• Clarity on labelling and cost implications?
Competent Authority – Dept of AgriculturePublic Awareness ProgrammeAmendments to GMO Act?
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