Explanatory Memorandum to COM(2002)127 - Conclusion of the Cartagena Protocol on Biosafety - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2002)127 - Conclusion of the Cartagena Protocol on Biosafety. |
|---|---|
| source | COM(2002)127  |
| date | 13-03-2002 |
By decision 93/626/EEC i, the Community concluded the Convention on Biological Diversity under the auspices of the United Nations Environment Programme. In 1995 i, the Second Conference of the Parties to the Convention, pursuant to Article 19, paragraph 3, of the Convention, established a negotiation process to consider the need for and modalities of a Protocol on Biosafety.
On 19 October 1995 i, the Council authorized the Commission to participate, on behalf of the Community, in the negotiations on a Protocol on Biosafety under the Convention on Biological Diversity.
The Cartagena Protocol on Biosafety was adopted by consensus in Montreal, on 29 January 2000, during the Extraordinary Conference of the Parties to the Convention on Biological Diversity. In these negotiations, the Community reached all its main objectives set out in its negotiation directives, in particular in the Council Conclusions of 13 December 1999 i.
The Cartagena Protocol on Biosafety provides a framework, based on the precautionary principle, for the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, or pose risks to human health. The Protocol focuses specifically on transboundary movements.
The Protocol was open for signature during the fifth meeting of the Conference of the Parties to the Convention, from 15 to 26 May 2000, in Nairobi, and at the UN Headquarters in New York, from 5 June 2000 to 4 June 2001. As of 14 February 2002, a hundred and seven countries have signed the Protocol and twelve have already ratified.
By virtually all signing the Cartagena Protocol on Biosafety in Nairobi on 24 May 2000, the European Community and its Member States i gave a clear political signal that the EU is committed to early ratification of the Protocol.
Our international partners expect the Community and its Member States to take the lead on ratification to ensure the timely entry into force of the Protocol.
In the context of their respective powers in the areas covered by the Protocol, it is necessary for the Community and its Member States to become Contracting Parties simultaneously, so that all the obligations laid down can be properly fulfilled.
The Commission has already put forward a Proposal for a Regulation of the European Parliament and of the Council on the Transboundary Movement of Genetically Modified Organisms i aimed at completing the Community legislative framework in order to allow the Community to fully implement the Cartagena Protocol.
In accordance with the advisory opinion of the Court of Justice i, the Decision on the conclusion should be based on article 175, paragraph 1, in conjunction with the first sentence of the first subparagraph of art. 300, paragraph 2.
Any protocol to the Convention on Biological Diversity, pursuant to Article 34 thereof, is open for ratification, acceptance or approval by Member States and by regional economic integration organisations. In accordance with Article 34, paragraph 3, of the Convention, regional economic integration organisations must declare the extent of their competence with respect to the matters governed by the relevant protocol. To fulfil this obligation, the Commission has prepared the Declaration annexed to the present proposal.
Thus, the Commission proposes that the Council authorize the President to designate the person/s empowered to deposit the instrument of approval of the Cartagena Protocol on Biosafety on behalf of the Community and to confer on them the necessary powers thereto.