Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety

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Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety

The Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (CPB) was adopted by the fifth meeting of the COP-MOP at Nagoya, Japan in October 2010 after six years of intense negotiations.

The Supplementary Protocol fulfils the commitment set forth in Article 27 of the CPB to elaborate international rules and procedures on liability and redress for damage to biodiversity resulting from transboundary movements of LMOs.

The objective of the Supplementary Protocol is to contribute to the conservation and sustainable use of biological diversity by providing international rules and procedures for liability and redress in the event of damage resulting from LMOs.

The scope of the Supplementary Protocol applies to damage resulting from LMOs that find their origin in a transboundary movement that started after the Supplementary Protocol’s entry into force. The domestic law implementing the Supplementary Protocol shall also apply to damage from transboundary movements of LMOs from non-parties.

The Supplementary Protocol establishes a clear framework governing damage resulting from the authorized use of LMOs. The Supplementary Protocol reaffirms the precautionary approach contained in Principle 15 of the Rio Declaration on Environment and Development and recognizes the need to provide for appropriate response measures where there is damage or sufficient likelihood of damage, consistent with the CPB.

The Supplementary Protocol will create greater legal certainty and transparency for both importers and exporters of LMOs by establishing more predictable conditions for transboundary movements. The Protocol will also help to ensure environment protection and protection from risks to human health from damage or sufficient likelihood of damage resulting from authorized use of LMOs.

The Supplementary Protocol sets out core obligations for contracting Parties to take measures in relation to liability and redress. The Supplementary Protocol takes an “administrative approach” whereby response measures are required of the operator (person or entity in control of the LMO) or the competent authority if the operator is unable to take response measures. This would cover situations where damage has already occurred, or when there is a sufficient likelihood that damage will result if timely response measures are not taken. However, countries can still provide for civil liability in their domestic law and the first review of the Supplementary Protocol (five years after its entry into force) will assess the effectiveness of domestic civil liability regimes. This could trigger further work on an international civil liability regime in future.

Pursuant to the signing of the Supplementary Protocol on October, 11, 2011, a study to probe the legal implication of ratification and to identify legislative amendments required in the domestic law was undertaken.

Pursuant to the Cabinet approval on 29.10.2014 for ratifying the Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress the instrument for ratification has been deposited with the Treaty Section, Office of Legal Affairs, United Nations on December 19, 2014. With the aforesaid deposit, India becomes the 28th Country to ratify the Supplementary Protocol. So far 29 countries have ratified the Supplementary Protocol. The Protocol will enter into force on the ninetieth day after the date of deposit of the 40th instrument of ratification, acceptance, approval or accession.

More information can be accessed at http://bch.cbd.int/protocol/supplementary/