The Cartagena Protocol on Biosafety

Handling, Transport, Packaging and Identification

Introduction

Article 18 of the Protocol addresses the issue of handling, transport, packaging and identification of living modified organisms (LMOs). Paragraph 1 of the Article is about safe handling, transport and packaging of LMOs. Each Party to the Protocol has the obligation to take necessary measures that will keep LMOs handled, packaged and transported under conditions of safety, taking into consideration relevant international rules and standards.

Paragraph 2 sets out obligations on each Party to take measures that require the identification of LMOs in accompanying documentation. These identification measures vary depending on the intended use of the LMOs. Accordingly there are different requirements for LMOs intended for direct use as food or feed or for processing (LMO-FFPs) (subparagraph (a)), LMOs destined for contained use (subparagraph (b)), and LMOs for intentional introduction into the environment (subparagraph (c)).

Paragraph 3 of Article 18 provides for a possible development of standards by Parties to the Protocol, as may be needed, with regard to practices in the identification, handling, packaging and transporting of LMOs.

Identification Requirements in Documentation Accompanying LMOs

The first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP-MOP) considered Article 18 and adopted an extensive decision BS-I/6 on handling, transport, packaging and identification of LMOs, taking into account the views and information gathered and recommendations made on the same subject during the interim process stirred by ICCP.

The COP-MOP 1 decided, among other things, to establish an open-ended technical expert group that would develop proposals on the details of the identification requirements for LMO-FFPs under paragraph 2(a) of Article 18, called for the use of a commercial invoice or other existing document for incorporating the information provided for by the Protocol to accompany transboundary LMO shipments; invited Parties to use Unique Identifiers for Transgenic Plants adopted by the Organization for Economic Cooperation and Development (OECD); and requested the Secretariat to maintain a register of unique identification codes in the BCH. Furthermore, COP-MOP 1 requested the Secretariat to convene a workshop on capacity building and exchange of experiences as related to the implementation of paragraph 2 of Article 18, which was held 1 - 3 November 2004 in Bonn, Germany.

The COP-MOP has also requested Parties and urged other Governments to provide, in the accompanying documentation, the details of a contact point for further information on the LMOs; urged Parties as well as other Governments to take measures that require the inclusion of (i) common, scientific and where available, commercial names, and (ii) the transformation event code of the LMOs, in the documentation accompanying LMOs.

The Open-Ended Technical Expert Group on Identification Requirements of LMOs-FFP (Article 18.2(a)) met from 16 to 18 March 2005. The Group reviewed the issues identified in its terms of reference (Annex, section A, BS-I/6) and agreed to forward its report, which contains a Chair’s text on a possible draft decision for the detailed requirements of documentation under paragraph 2(a) of Article 18.

At its second meeting, COP-MOP in decision BS-II/10 on paragraphs 2 (b) and 2 (c) of Article 18 urged Parties and invited other governments to take necessary measures to ensure that the requirements of paragraphs 2 (b) and 2 (c) of Article 18 of the Protocol as elaborated by decision BS-I/6 B are fully complied with. It also urges Parties of import to make available to the BCH information on their domestic import and documentation requirements with respect to LMOs for contained use and intentional introduction into the environment. The effort by COP-MOP 2 to arrive at a consensual decision on the detailed identification/documentation requirements for the shipment of LMOs-FFP was not successful.

At its third meeting, COP-MOP made an important breakthrough regarding the contentious issue of detailed requirements for documentation accompanying shipments of living modified organisms intended for direct use as food or feed, or for processing, which had eluded Governments during the last segment of the negotiations of the Protocol and since its adoption.

In decision BS-III/8, COP-MOP agreed to consider, at its fourth meeting, a report on the experience gained with the use of a commercial invoice or other documents required or utilized by existing documentation systems, or pursuant to national requirements with a view to future consideration of a stand-alone document.

In decision BS-III/9, COP-MOP-3 invited Parties, other Governments and relevant international organizations to submit to the Executive Secretary views and information on the adequacy of existing rules and standards for identification, handling, packaging and transport of goods and substances to address concerns relating to living modified organisms and the existing gaps that may justify a need to develop new rules and standards, for consideration at the its next meeting.

In decision BS-III/10, COP-MOP requested Parties to the Protocol and urged other Governments to take measures to ensure that documentation accompanying living modified organisms intended for direct use as food or feed, or for processing clearly state the information specified in paragraph 4 of the decision. The Parties decided to review and assess, at the fifth meeting, the experience gained with the implementation of the agreed documentation requirements and to examine the capacity-building efforts in developing countries taken in this regard. Parties and other Governments were also encouraged to cooperate in exchanging experiences and building capacities in the use and development of sampling and detection techniques for living modified organisms and to submit to the Executive Secretary information on experience gained with the use of those techniques and on the need for and modalities of developing criteria for their acceptability and harmonization.

At its fourth meeting, COP-MOP reviewed, among other things, experience gained with the use of sampling and detection techniques (paragraph 2(a) of Article 18) and with the use of existing documentation to fulfil the identification requirements of paragraphs 2(b) and (c) of Article 18. In decision BS-IV/9 on paragraph 2(a) of Article 18, COP-MOP requested Parties and encouraged other Governments, relevant international organizations and the Global Environment Facility (GEF) to cooperate with and support developing country Parties in capacity-building efforts in the sampling and detection of LMOs, including the setting up of laboratory facilities and training of local regulatory and scientific personnel. It also requested Parties and encouraged other Governments and relevant international organizations to ensure that information on rules and standards on the sampling of LMOs and detection techniques be made available via the BCH. In decision BS-IV/8, on paragraphs 2(b) and (c) of Article 18, Parties agreed to review the paragraphs further at their sixth meeting to review experience based on the analysis of the second national reports.

The Need for and Modalities of Developing Standards

Consideration of paragraph 3 of Article 18 began at the third meeting of COP-MOP. In decision BS-III/9, Parties, other Governments and relevant international organizations were invited to submit to the Executive Secretary views and information on the adequacy of existing rules and standards for identification, handling, packaging and transport of goods and substances to address concerns relating to living modified organisms and the existing gaps that may justify a need to develop new rules and standards, for consideration at the next meeting.

At its fourth meeting, COP-MOP considered submissions compiled by the Secretariat relating to standards concerning the identification, handling, packaging and transport of LMOs. In decision BS-IV/10 , COP-MOP requested the Executive Secretary to organize an online conference to identify the relevant standards and where gaps exist as well as to prepare a summary of the outcome reflecting the full range of views expressed for consideration at the fifth meeting of the COP-MOP. In addition, COP-MOP requested Parties and encouraged other Governments and international organizations to ensure that information related to these standards is available through the BCH.

Related links:

Decisions of the COP-MOP

MOP-4 Documents
(12 - 16 May 2008)

UNEP/CBD/BS/COP-MOP/4/8
Handling, Transport, Packaging and Identification: Synthesis of Views and Information on the Need for and Modalities of Developing Standards in the Context of Paragraph 3 of Article 18
UNEP/CBD/BS/COP-MOP/4/9
Handling, Transport, Packaging and Identification of Living Modified Organisms - Synthesis of information on experience gained with the use of sampling of living modified organisms and detection techniques and on the need for and modalities of developing criteria for acceptability of, and harmonizing, sampling and detection techniques (Paragraph 2(a) of Article 18)
UNEP/CBD/BS/COP-MOP/4/INF/2
Handling, Transport, Packaging And Identification: Compilation of information submitted by Parties, other Governments and relevant international organizations on experience gained with the use of techniques for the sampling and detection of living modified organisms and on the need for and modalities of developing criteria for the acceptability of, and harmonizing sampling and detection techniques (paragraph 2(a) of Article 18)
UNEP/CBD/BS/COP-MOP/4/INF/2/ADD1
Handling, Transport, Packaging and Identification - Compilation, as at 11 April 2008, of additional information submitted by Parties, other Governments and relevant international organizations on experience gained with the use of techniques for the sampling and detection of living modified organisms and on the need for and modalities of developing criteria for the acceptability of, and harmonizing sampling and detection techniques (paragraph 2(a) of Article 18)
UNEP/CBD/BS/COP-MOP/4/INF/3
Handling, Transport, Packaging and Identification (Article 18.3) - Compilation of views submitted by Parties, other Governments and relevant international organizations on the adequacy of existing rules and standards for identification, handling, packaging and transport of goods and substances to address concerns relating to living modified organisms (paragraph 3 of Article 18) and on gaps that may exist that may justify a need to develop new rules and standards

MOP-3 Documents
(13-17 March 2006)

UNEP/CBD/BS/COP-MOP/3/8
Taking a Decision on the Detailed Identification/Documentation Requirements of Living Modified Organisms Intended for Direct Use as Food or Feed, or for Processing (Article 18, Paragraph 2 (A) )
UNEP/CBD/BS/COP-MOP/3/8/ADD1
Handling, Transport, Packaging and Identification of Living Modified Organisms: Synthesis of information on experience gained with the use of documentation to fulfil the identification requirements of paragraphs 2(b) and 2(c) of Article 18
UNEP/CBD/BS/COP-MOP/3/8/ADD2
Consideration of the Need for and Modalities of Developing Standards with Regard to Identification, Handling, Packaging and Transport Practices in the Transboundary Movement of Living Modified Organisms (Paragraph 3, Article 18)
UNEP/CBD/BS/COP-MOP/3/INF/2
Handling, Transport, Packaging and Identification (Article 18): Compilation of information submitted by Parties and other Governments and by organizations on experience gained with the use of documentation requirements under paragraphs 2 (b) and (c) of Article 18 of the Cartagena Protocol on Biosafety**
UNEP/CBD/BS/COP-MOP/3/INF/3
Handling, Transport, Packaging and Identification (Article 18): Compilation of information submitted by Parties and other Governments and by organizations on the Article 18 paragraph 3 of the Cartagena Protocol on Biosafety**

MOP-2 Documents
(30 May – 3 June 2005)

UNEP/CBD/BS/COP-MOP/2/10
Report of the Open-Ended Technical Expert Group nn Identification Requirements of Living Modified Organisms Intended for Food Or Feed, or for Processing (Article 18.2 (a))
UNEP/CBD/BS/COP-MOP/2/10/ADD1
Handling, Transport, Packaging and Identification of Living Modified Organisms: Synthesis of information regarding experience in the implementation of the requirements of paragraphs 2 (b) and 2 (c) of Article 18

MOP-1 Documents
(23-27 February 2004)

UNEP/CBD/BS/COP-MOP/1/7
Handling, packaging, transport and identification of living modified organisms (Article 18)
UNEP/CBD/BS/COP-MOP/1/INF/3
A compilation of views and relevant information on Article 18 of the Cartagena Protocol on Biosafety
UNEP/CBD/BS/COP-MOP/1/15
Report of the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol on Biosafety

ICCP-3 Documents
(22-26 April 2002 - The Hague, The Netherlands)

UNEP/CBD/ICCP/3/7
Handling, transport, packaging and identification of Living Modified Organisms (Article 18)
UNEP/CBD/ICCP/3/7/ADD1
Report of the meeting of technical experts on the requirements of paragraph 2 (a) of Article 18 of the cartagena protocol on biosafety
UNEP/CBD/ICCP/3/7/ADD2
Report of the second meeting of technical experts on handling, transport, packaging and identification of living modified organisms
UNEP/CBD/ICCP/3/10
Report of the Intergovernmental Committee for the Cartagena Protocol on Biosafety on the work of its third meeting
UNEP/CBD/ICCP/3/INF/5
Handling, transport, packaging and identification (Article 18): Compilation of views and relevant information on Article 18 of the Cartagena Protocol on Biosafety
UNEP/CBD/ICCP/3/INF/14
Handling, transport, packaging and identification (Article 18): Example templates submitted by Norway


Meeting of technical experts on the requirements of paragraph 2 (a) of article 18 of the Cartagena Protocol on Biosafety (18-20 March 2002, Montreal, Canada

Second meeting of technical experts on handling, transport, packaging and identification of living modified organisms (Article 18, paragraphs. 2 (b) and 2 (c)) (13-15 March 2002, Montreal, Canada)

ICCP-2 Documents
(1-5 October 2001 - Nairobi, Kenya)

UNEP/CBD/ICCP/2/12
Handling, transport, packaging and identification of living modified organisms (Art. 18)
UNEP/CBD/ICCP/2/12/CORR1
Handling, transport, packaging and identification of living modified organisms (Art. 18): Corrigendum
UNEP/CBD/ICCP/2/15
Report of the Intergovernmental Committee for the Cartagena Protocol on Biosafety on the work of its second meeting

First Meeting of the Technical Experts on Handling, Transport, Packaging and Identification
(13-15 June 2001, Paris, France)

ICCP-1 Documents
(11-15 December 2000 - Montpellier, France)

UNEP/CBD/ICCP/1/6
Handling, Transport, Packaging and Identification (Art. 18)
UNEP/CBD/ICCP/1/9
Report of the Intergovernmental Committee for the Cartagena Protocol on Biosafety on the Work of its First Meeting