. Consideration of other issues necessary for the effective implementation of the Protocol (e.g., Article 29, paragraph 4)

Consideration of other issues necessary for the effective implementation of the Protocol (e.g., Article 29, paragraph 4)

The Intergovernmental Committee for the Cartagena Protocol on Biosafety,

Recalling the request from the second meeting of the Intergovernmental Committee for Governments to submit comments on mechanisms to promote consideration of issues, exchange views and, as appropriate, provide guidance on issues requiring clarification arising during ratification and implementation of the Protocol,

Taking note of the draft medium-term programme of work proposed in the annex to the note by the Executive Secretary on other issues necessary for the effective implementation of the Protocol (UNEP/CBD/ICCP/3/9/Add.1), and the submissions by countries contained in the information paper compiling the views on those other issues (UNEP/CBD/ICCP/3/INF/7 and UNEP/CBD/ICCP/3/INF/13),

Noting the importance of applying the principles of transparency, timeliness, fairness and inclusiveness of participation in the consideration of issues necessary for the effective implementation of the Protocol,

1. Recommends that the Conference of the Parties serving as the meeting of the Parties to the Protocol utilize mechanisms under the Protocol or the Convention to consider, where appropriate, technical and scientific issues associated with implementation identified by Parties and other Governments as requiring clarification, exchange views and, where appropriate, seek and/or develop draft guidance or clarifications for the consideration of the Conference of the Parties serving as the meeting of the Parties to the Protocol;

2. Considers that such mechanisms could include, inter alia:

(a) Meetings of the Conference of the Parties serving as the meeting of the Parties to the Protocol;

(b) Monitoring and reporting in accordance with Article 33;

(c) Subsidiary bodies established in accordance with Article 30 and/or Article 29 paragraph 4 (b);

(d) Inter-sessional activities;

(e) The services and cooperation of, and information provided by international organizations and intergovernmental and non-governmental bodies with competence in biosafety issues;

(f) Periodic assessment and review of the Protocol and its annexes and adoption of amendments, in accordance with Article 35;

(g) Compliance procedures and mechanisms established in accordance with Article 34;

(h) The biosafety roster of experts;

(i) The Biosafety Clearing-House;

(j) The decision-making procedures and mechanism, for paragraph 7 of Article 10;

(k) Regional networks and centres of excellence with competence in biosafety issues; and

(l) Visits, and other informal liaison and exchange of views;

[3. Notes paragraphs 2 and 3 of recommendation 3/3, on information-sharing, regarding the development of unique identification systems for classes of living modified organisms and their harmonization, that may be applicable to the Biosafety Clearing-House;

4. Notes the request expressed by some countries for further guidance on the issue of risk assessment and risk management and invites Parties and Governments to provide their views on the issues no later than five months prior to the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol;]

5. Notes the request expressed by some countries for further guidance on certain issues,  in particular transboundary movements of living modified organisms between Parties and non-Parties under Article 24, and categorization of living modified organisms;

6. Further notes that some countries do not consider there to be a need for further clarification of provisions of the Protocol at this stage, including Article 24;

7. Takes into account the importance of applying the provisions of Article 24 at the time of entry into force of the Protocol, and invites Parties to provide, through the Biosafety Clearing-House, information regarding [their application of Article 24 under] domestic laws, regulations or guidelines;

[8. Recommends that the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol consider the need for clarification, and provide guidance relating to transboundary movement between Parties and non-Parties towards the achievement of the objectives of the Protocol on the basis of the following elements, inter alia:

(a) Measures to encourage non-Parties, especially those that have signed the Protocol, to adhere to the Protocol, and to contribute appropriate information to the Biosafety Clearing-House in accordance with paragraph 2 of Article 24;

(b) Measures to assist Parties to address cases where non-Parties have not implemented a national biosafety framework consistent with the objectives of the Protocol, and to enter into bilateral, regional and multilateral agreements and arrangements with non-Parties.]

9. Notes that some countries expressed a need for criteria for categorization of LMOs according to their intended use, and invites Parties to provide their views on operational experience on this issue, gained following entry into force of the Protocol, including through the monitoring and reporting process under Article 33;

10. Invites also other Governments and international governmental organizations to share relevant information in this regard;

11. Notes that the number of submissions received by the Executive Secretary regarding items to be included in a medium-term programme of work in accordance with the request made at the second meeting of the Intergovernmental Committee was limited;

12. Considers that there is a need to solicit more views on items to be addressed in a medium-term programme of work, and requests Parties to the Convention and other States to further provide the Executive Secretary, no later than five months prior to the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol, with their views on items to be included in a medium-term programme of work for consideration at that first meeting;

13. Welcomes the deposit of instruments of ratification, acceptance, approval or accession in respect of the Cartagena Protocol on Biosafety, and reiterates the call of the Conference of the Parties to the Convention upon other Parties to the Convention to deposit such instruments as soon as possible;

14. Reiterates also the call of the Conference of the Parties to States that are not Parties to the Convention to ratify, accept, approve or accede to it, as appropriate, without delay, thereby enabling them also to become Parties to the Protocol;

15. Recognizes that measures are needed to assist developing countries, in particular the least developed and small island developing States among them, and countries with economies in transition, to prepare for adherence to the Protocol;

16. Notes that the information provided to the Secretariat with respect to national focal points for the Intergovernmental Committee for the Cartagena Protocol on Biosafety may or may not apply to the requirements of Article 19, paragraph 1, and, recalling the invitation to Parties made at the second meeting of the Intergovernmental Committee to clarify this matter for the Secretariat, invites non-Parties, when the Protocol enters into force, to nominate contact points.