Explanatory Memorandum to COM(2000)182 - Signature of the Cartagena Protocol on Biosafety

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dossier COM(2000)182 - Signature of the Cartagena Protocol on Biosafety.
source COM(2000)182 EN
date 30-03-2000
On 19 October 1995  i the Council authorised the Commission to participate, on behalf of the Community, in the negotiations on a Protocol on Biosafety under the Convention on Biological Diversity. The Community reached in these negotiations all its main objectives as set out in its negotiation directives, in particular the Council Conclusions of 13 December 1999  i.

Promoting measures at international level to deal with regional or worldwide environmental problems is one of the objectives of the Community's policy on the environment, in accordance with Article 174 of the Treaty, which includes the conservation and sustainable use of biological diversity.

The main focus of the Cartagena Protocol on Biosafety is the intentional transboundary movements of living modified organisms and it affects therefore international trade. The Decision to sign should therefore be based on article 133 and 174 i, in conjunction with the first sentence of the first subparagraph of art. 300  i.

By decision 93/626/EEC  i, the Community concluded the Convention on Biological Diversity under the auspices of the United Nations Environment Programme. Pursuant to Article 19  i of the Convention, the second Conference of the Parties to the Convention established in 1995  i a negotiation process to consider the need for and modalities of a protocol on biosafety.

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, taking also into account risks to human health and specifically focussing on transboundary movements.

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.

The Protocol will be open for signature in Nairobi during the fifth meeting of the Conference of the Parties to the Convention in Nairobi from 15 to 26 May 2000, and at the UN Headquarters in New York from 5 June 2000 to 4 June 2001.

The Commission considers that by signing the Cartagena Protocol on Biosafety in Nairobi in May, the European Community would give an important political signal to all parties that signature and ratification of the Protocol should be an absolute priority.

Community competence is preponderant. Linked with the principle of unity in the international representation of the Community this militates in favour of simultaneous signature and eventual deposit of the respective instruments of ratification or approval by the Community and its Member States. In any case, Member States should not sign the Protocol, nor eventually deposit their instruments of ratification or approval before the Community does.

The Commission therefore requests the Council to authorise the President to designate the persons empowered to sign the Cartagena Protocol on Biosafety on behalf of the Community and to confer on them the necessary powers.

Considering the above, the Community intends to sign the Cartagena Protocol on Biosafety at the fifth meeting of the Conference of the Parties to the Convention on Biological Diversity in Nairobi in May 2000.