Transit and Contained Use

Article 6 of the Protocol outlines provisions regarding exemptions from the advance informed agreement procedure as it applies to living modified organisms that are in transit and those that are destined for contained use.

Living Modified Organisms in Transit

Article 6, paragraph 1, of the Protocol provides that, notwithstanding the scope of the Protocol and without prejudice to any right of a Party of transit to regulate the transport of living modified organisms through its territory and make available to the Biosafety Clearing-House, any decision of that Party, subject to Article 2, paragraph 3, regarding the transit through its territory of a specific living modified organism, the provisions of the Protocol with respect to the advance informed agreement procedure shall not apply to the transboundary movement of living modified organisms in transit.

Living Modified Organisms Destined for Contained Use

For the purposes of the Protocol, Article 3(b) states that “‘use’ means any operation, undertaken within a facility, installation or other physical structure, which involves living modified organisms that are controlled by specific measures that effectively limit their contact with, and their impact on, the external environment”.

Article 6, paragraph 2, of the Protocol further provides that, notwithstanding the scope of the Protocol and without prejudice to any right of a Party to subject all living modified organisms to risk assessment prior to decisions on import and to set standards for contained use within its jurisdiction, the provisions of the Protocol with respect to the advance informed agreement procedure shall not apply to the transboundary movement of living modified organisms destined for contained use undertaken in accordance with the standards of the Party of import.