Biosafety Protocol (Draft Text) 23 February 1999

Conference of the Parties to the Convention on Biological Diversity
First extraordinary meeting Cartagena, 22-24 February 1999 and (to be completed)

Draft Report Of The Extraordinary Meeting Of The Conference Of The Parties For The Adoption Of The Protocol On Biosafety To The Convention On Biological Diversity

324

Article 18 - Confidential Information

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1. The Party of import shall permit the notifier to identify information submitted under the procedures of this Protocol or required by the importing Party as part of the advance informed agreement process of the Protocol that is to be treated as confidential. Justification shall be given in such cases upon request.

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2. The Party of import shall consult the notifier if it decides that information identified by the notifier as confidential does not qualify for such treatment and shall, prior to any disclosure, inform the notifier of its decision providing reasons on request and an opportunity for consultation and for an internal review of the decision prior to disclosure.

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3. Each Party shall, in accordance with its national legislation, protect confidential information received under the Protocol, including any confidential information received in the context of the advance informed agreement process of the Protocol. Each Party shall ensure that it has procedures to protect such information and shall protect the confidentiality of such information in a manner no less favourable than its treatment of confidential information in connection with domestically produced living modified organisms.

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4. The Party of import shall not use such information for a commercial purpose, except with the written consent of the notifier.

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5. If a notifier withdraws or has withdrawn a notification, the Party of import shall respect the confidentiality of all information identified as confidential, including information on which the Party and the notifier disagree as to its confidentiality.

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6. Without prejudice to paragraph 5 above, the following information shall not be considered confidential:

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(a) The name and address of the notifier;

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(b) A general description of the living modified organism or organisms;

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(c) A summary of the risk assessment of the effects on the conservation and sustainable use of biological diversity, taking also into account human health;

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(d) Any methods and plans for emergency response.

Biosafety Protocol (Draft Text) 23 February 1999

Conference of the Parties to the Convention on Biological Diversity First extraordinary meeting Cartagena, 22-24 February 1999 and (to be completed)

Draft Report Of The Extraordinary Meeting Of The Conference Of The Parties For The Adoption Of The Protocol On Biosafety To The Convention On Biological Diversity

Endnotes

Metadata

Manifest

Biosafety Protocol (Draft Text) 23 February 1999

Conference of the Parties to the Convention on Biological Diversity First extraordinary meeting Cartagena, 22-24 February 1999 and (to be completed)

Draft Report Of The Extraordinary Meeting Of The Conference Of The Parties For The Adoption Of The Protocol On Biosafety To The Convention On Biological Diversity

Article 18 - Confidential Information

Conference of the Parties to the Convention on Biological Diversity
First extraordinary meeting Cartagena, 22-24 February 1999 and (to be completed)

Conference of the Parties to the Convention on Biological Diversity
First extraordinary meeting Cartagena, 22-24 February 1999 and (to be completed)