Biosafety Protocol (Draft Text) 23 February 1999
copy @ Lex Mercatoria
Outstanding Issues And Necessary Revisions To The Text Of The Draft Protocol:
Submission By The Miami Group
1. AIA procedure: articles 5 and 6 stay as in the current text (UNEP/BSWG/6/L.2/Rev.2).
(a) In article 15, substitute "scope of the AIA procedure" for "scope of the Protocol";
(b) In article 4, subparagraph 2 (b), delete the reference to article 15 connected with transit.
(a) In article 21, paragraph 1, substitute "compatible with the objective of this Protocol", for "consistent with the objective and principles of this Protocol", and delete the second sentence;
(b) In article 11, paragraph 1, delete the words "or non-Parties";
(c) In article 3 (k), delete the reference to articles 11 and 14.
4. Precautionary approach:
(a) In article 1, substitute the word "Noting" for "In accordance with";
(b) In article 8, delete paragraph 7.
5. Illegal transboundary movement (article 23):
(a) Substitute the words "its domestic law implementing" for "the relevant provisions of";
(b) Delete paragraph 2.
6. Socio-economic considerations (article 24): in paragraph 1, substitute for the existing text the following language:."Parties, in reaching a decision on the import of living modified organisms under Article 8, may, for the purposes of Article 13, take into account the social and economic implications of adverse impacts on the conservation and sustainable use of biological diversity."
7. Savings clause (article 31) and Non-discrimination (article 22):
(a) In article 31, delete everything after the word "Party" in the third line;
(b) Delete article 22.
8. Risk assessment (article 12): delete paragraph 3.
9. Risk management (article 13): delete paragraphs 3 and 4.
10. General obligations (article 2): delete paragraph 2.
11. Multilateral, bilateral and regional agreements or arrangements (article 11): substitute the phrase "compatible with the objective of this Protocol" for "consistent with the objectives of this Protocol and provided that such agreements or arrangements do not result in a lower level of protection than that provided for by the Protocol".
12. Review of decisions under advance informed agreement (article 9): delete paragraph 4.
13. Decision procedure for advance informed agreement (article 8): delete paragraph 7.
14. Simplified procedures (article 10): delete the article.
15. Confidentiality (article 18):
(a) In paragraph 3, delete the phrase "in accordance with national legislation";
(b) In paragraph 6, insert the word "generally" after "shall not".
16. Information sharing (article 17): replace the existing language of subparagraph 3 (d) with the following: "The final decision in its approval process for living modified organisms to be introduced into its environment, including living modified organisms introduced into the environment for the purposes of producing living modified organisms for consumption or processing, and the risk assessment decision documents on which those decisions are based."