Convention on Biological Diversity, 1992

•OBJECTIVES: Conservation of  BD, sustainable use of components and fair and  equitable sharing of benefits

•OBLIGATIONS: establishes sovereign rights over biological resources

•It has 42 Articles along with preamble

•Implementation through Secretariat, SBSTTA, Clearing House Mechanism & GEF

Main Provisions of the CBD

Conservation

•manage the effects on ‘BD’ of trade & consumption (Art. 4(b))

•integrate ‘BD’  issues into relevant sect. & cross-sect. plans & policies (Art. 6(b))

•identify and regulate or manage processes and activities that threaten ‘BD’ (Art. 7(C) and 8(I) )

•Development of strategies & plans (Art.6) and undertake In situ & ex situ conservation (Art.8&9)

•prevent introduction of, control or eradicate those alien species which threatens ecosystems (Art. 8(h))

•adopt measures to minimise adverse impacts on ‘BD’ (Art. 10(b))

•establish procedures for ‘EIA’ for impacts on ‘BD’ (Art. 14)

•Access to Genetic Resources (Art. 15):- ‘PIC” & ‘MAT’, and Access to & transfer of Technology (Art. 16)

•Exchange of Inf. & Tech. & Scientific  Cooperation (Art. 17 & 18)

•Financial Mechanism & Financial Resources (Art. 20 & 21)

Main Provisions of the CBD

Sustainable use

•protect & encourage customary use of ‘BD’ & provide protection of such use against ‘incursions from competing users of resources’ (Art 10(C) )

•adopt economically & socially sound measures that act as incentives for conservation of ‘BD’ thus making trade law and policy reform essential (Art 11 )

•provide access to & transfer of genetic resources,  and technology with fair and equitable benefit sharing mechanism (Art 15, 16 & 19)

•ensure that IPRs are supportive of and do not run counter to the objectives of CBD (Art 16(2) & (5))

•respect, preserve & maintain knowledge, innovations practices of local communities relevant to conservation and sustainable use of ‘BD’ (Art 8(j))

Implications to India

•Develop New Policy Prescriptions and integrate them into  relevant Sectoral and Cross-sectoral Plans: National Action Plan was prepared but not yet been mplemented.

•Develop  New Law:

•The Biological Diversity Act, 2002 came into force.

CARTEGENA PROTOCOL ON BIOSAFETY, 1998

Art.19(3) of the CBD called  for the need for & modalities of a protocol for safe transfer, handling and  use of any LMO that may have adverse impact on the cons. & sustainable use of biodiversity.

Objectives:

•to ensure an adequate level of protection in the field of safe transfer, handling and use of LMOs that may have adverse effects on the cons. & sustainable use of BD and human health.

•It shall apply to the transboundary movement, transit, handling and use of all LMOs except of pharmaceutical, food & feed covered under other agreements.

Salient Features of the Protocol

-Affirms the ‘Precautionary Principles’ and 11 preambular paragraphs covers the need  for a protocol & already existing  rules  with COPs (Art 19(3-4), establish means to regulate, manage or control of LMOs (Art. 8(g) and  exchange all information (Art.17 of the CBD).

-Recognises the limited capacities of many countries to deal with potential risks associated with LMOs.

-Definition of LMO does not include ‘product thereof’ and would remain unregulated.

Critical Issues

•Advanced Information Agreements, instead of PIC

•AIA will not apply to LMOs in transit or LMOs destined for contained use

•Importer to notify decision in 270 days to both notifier and Biosafety Clearing House

•LMOs for contained use are exempt from risk assessment

•Responsibility of risk assessment will be of the importing country

•Liability and compensation aspects are not defined

•Exclusion of LMOs (Food&Feed and Pharmaceuticals)

•Transit and Contained use (Qualifies for deliberate use)

•Labeling and segregation

•Compatibility with WTO agreements (SPS & Technical barriers)  and Dispute mechanism