Cartagena Protocol on Biosaefty

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    Submitted by:

    Komal preet Kaur

    Shivin Shakaya

    Sorabh Kumar

    Cartagena Protocol on

    Biosafety

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    Introduction

    Adopted on 29 January 2000.

    103 signatures, 45 countries and a regional economic integrationorganization have deposited their instruments of ratification oraccession (10 in Africa Botswana, Cameroon, Djibouti, Kenya,

    Lesotho, Liberia, Mali, Mauritius, Mozambique, Tunisia, Uganda).

    Enters into force 90 days after 50th ratification.

    COP serving as the Meeting of the Parties (COP/MOP) will be the

    sovereign body when in force.

    In the interim, the Intergovernmental Committee for the CartagenaProtocol (ICCP) has been preparing for the first MOP.

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    Understanding Biosafety

    The concept of biosafety encompasses a range of

    measures, policies and procedures for minimizing

    potential risks that biotechnology may pose to the

    environment and human health.

    Establishing credible and effective safeguards for

    GMOs is critical for maximizing the benefits of

    biotechnology while minimizing its risks.

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    Scope of the Cartagena Protocol

    The Cartagena Protocol on Biosafety is an

    international treaty that seeks to protect biological

    diversity from the risks posed by living modified

    organisms (LMOs), also often referred to asgenetically modified organisms (GMOs), which are

    a product of modern biotechnology.

    The Protocol is a supplementary agreement to theConvention on Biological Diversity

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    Objective of the protocol

    To contribute to ensuring an

    adequate level of protection in the

    field of the safe transfer, handlingand use of LMOs resulting from

    modern biotechnology, that mayhave adverse effects on theconservation and sustainable use

    of biodiversity, taking also into

    account risks to human health, andspecifically focusing on trans

    boundary movements.

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    Definition of LMO

    A living modified organism

    (LMO) is any living organism

    that possesses a novel

    combination of genetic

    material obtained through

    the use of modern

    biotechnology.Also

    frequently known as

    genetically modified

    organism.

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    Categories of LMOsFor intentionalintroduction

    e.g. Seeds, live fish

    For direct use asFFP ( food, feedor forprocessing)

    e.g. Agril.Commodities

    For containeduse.

    e.g. bacteria forlaboratorypurposes, scientificexperiments.

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    TimelineCBD entered into force on Dec.29, 1993.

    1993EXCOP1- Decisions on the continuation of the first extraordinary

    meeting of the Conference of the Parties to the Convention onBiological Diversity, adoption of the Cartagena Protocolandinterim arrangements.

    1999

    The Cartagena Protocol on Biosafety is opened for signature.

    Fifth meeting of the CoP- Work plan of the IntergovernmentalCommittee for the Cartagena Protocol (ICCP 1) on Biosafety.2000

    ICCP 2,Nairobi, Kenya2001

    ICCP3, The Hague, Netherlands2002Cartagea protocol came into force on Sept. 11,03.The Hague, The

    Netherlands2003

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    Key elements of protocol

    Advance InformedAgreement Procedure

    Risk assessment and

    management Handling, Transport,

    Packaging,Identification

    Information-sharing andthe Biosafety Clearing-House

    Capacity Building

    Socio-economicconsiderations

    Liability and redress Compliance

    Public Awareness andParticipation

    f

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    Advance Informed Agreement

    Procedure

    Applies prior to the first international transboundary movement of a LMO for intentionalintroduction into the environment.

    Consists of the following major steps: Notification

    Risk assessment

    Decision making

    Some exceptions: pharmaceuticals, LMOs intransit, LMOs for contained use, LMO-FFPs.

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    LMOs Intended for Direct Use as

    Food or Feed, or for Processing Parties are obliged to provide to the BCH information on

    any decisions regarding domestic use of LMO-FFPs.

    Parties may take decisions on LMO-FFPs under their

    domestic regulatory framework that is consistent with theobjectives of the Protocol.

    In the absence of a domestic regulatory framework,developing country Parties and Parties with economies in

    transition may declare through the BCH their intent to takedecisions on LMO-FFPs imports based on risk assessment inaccordance with Annex III within 270 days or less.

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    Risk Assessment /

    Risk Management

    Annex III specifies risk assessment principles

    and scientific methodology.

    Science-based, case-by-case assessment,

    transparent process.

    Lack of scientific knowledge or scientific

    consensus should not necessarily be

    interpreted as indicating a particular level of

    risk, an absence of risk or an acceptable risk.

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    Handling, Transport, Packaging

    and Identification

    Requires Parties to take measures to ensure

    safe handling, transport, and packaging.

    Includes identification / documentation.

    Requires the Parties to consider the need for

    standards for HTPI practices, in consultation

    with other international bodies.

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    Information Sharing

    The Protocol establishes a Biosafety Clearing-House to:

    Facilitate exchange of information including laws, scientificdata, risk assessments, decisions, etc.

    Assist Parties to implement the Protocol.

    Under the ICCP, a pilot phase of the BCH has beendeveloped and is operational.

    Trans-boundary movement of living modifiedorganisms by establishing procedures for theexport and import of these organisms andmaintaining an information exchange mechanism.

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    Trans boundary Movement of LMOs-FFP

    Trans boundary movements of LMOs-FFP are

    subject to the following two-step procedure:

    Step 1: Informing the Biosafety Clearing-House about thefinal decision on domestic use.

    Step 2: Decision making by a potential importing Party.

    A Party may take a decision on the import of an LMO-FFPunder its domestic regulatory framework.

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    Procedures for trans boundary movements of

    living modified organisms (LMOs)

    under the Cartagena Protocol on Biosafety

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    Capacity building Article 22 mandates Parties to cooperate in capacity-

    building relevant to the Protocol, including developmentand strengthening of human resources and institutionalcapacities in: Biotechnology, to the extent that it is required for safety.

    For effective implementation of the Protocol.

    Other agencies and institutions are heavily involved incapacity-building activities (e.g. UNEP/GEF project on NBFs)

    The most pressing capacity needs in general include: Capacity to use and provide all required information to the BCH. Capacity to make informed decisions based on risk assessment

    and other factors.

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    Opportunities Revisiting the context for biosafety regulation of GE crops to ensure

    that both the risk assessment and any non-safety considerations.

    Rationalizing environmental risk assessment information and data

    requirements to focus exclusively on issues that are relevant to

    assessing plausible adverse environmental impacts of GE crops.

    Incorporating the assessment of environmental benefits of GE crops

    in agricultural ecosystems.

    Improving biosafety capacity building and short-term technicaltraining to pursue sustained commitments to operationalise,

    monitor, and improve the regulatory systems that are put into

    place.

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    Indian Status

    Only one crop approved. 14 crops under various stages of contained

    field trials.

    Include brinjal, cotton, cabbage, groundnut,pigeon pea, mustard, potato, sorghum,tomato, tobacco, rice, okra and cauliflower.

    Traits include insect resistance, herbicide

    tolerance, virus resistance, nutritionalenhancement, salt tolerance, fungalresistance.

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    Need for Biosafety regulations

    To regulate production and release of GMOs inany country with a biotechnology programme.

    Ensures safe access to new products and

    technologies developed in the country orelsewhere.

    Provides a level of public confidence thatproducts placed on the market have beenassessed as safe.

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    Regulatory framework in India

    Government rules for GMOs.

    Recombinant DNA guidelines, 1990

    Guidelines for Research in Transgenic Plants, 1998

    Seed Policy, 2002

    Prevention of Food Adulteration Act. The Food Safety and Standards Bill, 2005

    Plant Quarantine Order, 2003.

    Task force on Application of Agricultural Biotechnology.

    Draft National Environment Policy, 2004.

    Draft National Biotechnology Strategy, 2005.

    C P l

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    Cartagena Protocol:

    Status of compliance in India India ratified the protocol on 23rd January 2003 and it came

    into force in September 2003.

    Major elements that merit attention include AIA procedure,simplified system for agricultural commodities, riskassessments, risk management and emergency procedures,

    export documentation, biosafety clearing house, capacitybuilding, public awareness and participation and issue ofnon parties.

    Competent authority and contact points notified.

    Rules in place but harmonization required with theprocedures for trans boundary movements.

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    DBT guidelines for research in plants but environmental riskassessment procedures to be streamlined including the baseline

    information.

    Detailed guidelines required for handling, transport, packaging andidentification.

    Information sharing needs to be strengthened.

    Methods and mechanisms for detecting unintentional or illegalmovements.

    Mechanisms for determining value addition to specific socioeconomic groups .

    National consultation on l&R regime.

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    Case study on Bt cotton

    Bt cotton was for the first time introduced in India in 2002. In 2002, three varieties

    ofBt cotton hybrids promoted by Mahyco-Monsanto (Mech 12 Bt, Mech 162 Bt, Mech

    184 Bt) were approved for commercialization in 6 states of India

    Biosafety assessment

    Studies on environmental safety

    pollen escape/out crossing

    aggressiveness and weediness

    effect of bt on non target organisms

    presence of bt protein in soilstudies

    effect of bt protein on soil micro flora studies

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    STUDIES ON FOOD SAFETY

    Compositional analysis

    Allergenicity studies Toxicological studies

    Presence of Bt protein in cotton seed oil

    Feeding studies on cows, buffaloes, poultryand fish.

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    RISK ASSESSMENT

    MANAGEMENTPEST POPULATION EXPOSED TO Bt CROPSCONTINUOUSLY FOR SEVERAL YEARS MAY DEVELOP RESISTANCE TO THEBt TOXINS THROUGH NATURAL SELECTION MUTATION, AND SELECTION :

    To prevent resistance build up it is recommended to plant sufficient nonBt cotton (20%) to serve as a refuge for Bt susceptibility in seeds

    The refuge strategy is designed to ensure that Bt susceptible insects willbe available to mate with Bt resistant insects, should they arise.

    Available genetic data indicates that susceptibility is dominant overresistance.

    Therefore, the offspring of these matings would most likely be Bt

    susceptible, thus mitigating the spread of resistance in the populations