MOP 2 Decision BS-II/8

Options for implementation of Article 8

The Conference of the Parties serving as the meeting of the Parties to the Cartagena Protocol on Biosafety,

Recalling Article 8 of the Protocol,

Recalling also decision BS-I/12 on the medium-term programme of work which requires, at the second meeting of the Conference of the Parties serving as the meeting of the Parties to the Convention, consideration of options for implementation of Article 8 with respect to requirements by a Party of export to ensure notification and the accuracy of information contained in notification by the exporter,

Recognizing the need to provide guidance to Parties on implementing notification requirements spelled out in Article 8 of the Protocol,

Noting that, pursuant to decision BS-I/9 on monitoring and reporting, Parties are requested to submit interim national reports on implementation of the Protocol no later than 11 September 2005 in which more information on national implementation of the advanced informed agreement procedure will become available,

Recalling also Articles 6 and 7 of the Protocol,

1. Decides to keep the item on notification referred to in decision BS-I/12 under review with a view to elaborating and developing, if appropriate, at its fourth meeting, modalities of implementation with respect to notification requirements under Article 8 of the Protocol, taking into account the information on national implementation and experiences on this matter gathered through interim national reports and the Biosafety Clearing-House;

2. Recommends to Parties to the Protocol to consider elements and options relevant to Article 8 of the Protocol, as well as the following elements, pending development of modalities referred to in paragraph 1 above:

(a) Applying necessary measures to enforce the notification requirements;

(b) Requiring the exporter to use the language as determined by the Party of import in the notification;

(c) Acknowledging the right of a Party of transit to regulate the transport of living modified organisms through its territory, including requiring communication in writing to the competent national authority of the Party of transit if so required by the regulations of that Party of transit.