Multilateral agreement reached on Biosafety Protocol
Negotiations to establish a Biosafety Protocol finally succeeded at the end of January after more than five years of debate and repeated delays. The Biosafety Protocol is the first worldwide agreement on transboundary movement of genetically modified organisms (GMOs), and is aimed to protect the public and the environment by setting practical safety procedures. It is a multilateral international agreement, developed under the 1992 Rio agreement on biodiversity, and while it does not affect existing legislation it is also not subordinate to it. 'This is a historical moment and a breakthrough for international agreements on trade and the environment', said Margot Wallström, the European Commissioner for the Environment, after the Montreal meeting. The Protocol is aimed at balancing environmental and trade concerns while erring on the side of caution in controversial areas of the biological sciences. It is particularly intended to address concerns about the release of living modified organisms (LMOs) into the environment. The EU hopes that by reaching agreement on the Biosafety Protocol, countries importing LMOs will have some level of protection and the possibility of taking 'reasoned and scientifically based decisions' before importing them. 'By far the most important ramification of this agreement is that it requires importers and exporters to get agreement if they want to deliberately release LMOs into the environment', said a Commission spokesperson, following the announcement of the agreement. But just last year, there was real concern that the Biosafety Protocol would never go through. Agreement to the Protocol was repeatedly stymied by extreme positions taken up by the main exporters of genetically modified organisms (GMOs), who wanted to limit the provisions set by the Protocol, and by a number of developing countries who were pursing positions the Commission was having trouble resolving. So what has changed? According to the Commission spokesperson, a clear rise in public awareness and concern about GMOs over the past 12 months - reflected not least by demonstrators at the WTO millennium round in Seattle - has been a key factor. The gravity of the Biosafety Protocol has become increasingly clear to parties reluctant to enter agreement, she said. In the Biosafety Protocol, 'Living modified organisms' are defined as: 'any living organism that possesses a novel combination of genetic material obtained through the use of modern biotechnology'. The Protocol reaffirms the precautionary principle and requires parties to ensure that 'the development, handling, transport, use, transfer and release of any living modified organisms are undertaken in a manner that prevents or reduces the risks to biological diversity, also taking into account risks to human health'. It applies to the 'transboundary movement or transit, handling and use of all living modified organisms that may have adverse effects on the conservation and sustainable use of biological diversity, also taking into account risk to human health' and lays down laws for notification and authorisation of importing LMOs. Under the Protocol, any movement of LMOs will have to be accompanied by notification giving details of both the exporter and the importer; the name and identity of the LMO; when the planned movement is set to take place; details of the parent organism and the recipient organism (biologically/taxonomically); a description of the type of genetic manipulation that the LMO has been subject to; the quantity or volume to be transferred; details of any previous risk assessments; and suggested methods for handling, storing, transport, labelling, packaging, use, documentation, disposal, and contingency procedures when appropriate. The regulatory status of the LMO in the country of export must also be revealed, including information about any bans or the result and purpose of any previous notification by the exporter to transfer an LMO. The legislation would also call for risk assessments of the transfer of any LMO and sets out specific information that must be supplied for any LMO that is intended for direct use as food or feed for processing. The agreement is currently in draft form. To enter into force it must be finalised and ratified by 50 countries, who are scheduled to sign the Protocol in Nairobi this May. The next step will be to further develop procedures for labelling GMO commodities.