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?