An international agreement on biosafety as a supplement to the Convention on Biological Diversity (CBD) has been in place since 2003 under the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. With the help of contemporary technologies, genetically modified organisms offer possible threats to biological variety, which the Biosafety Protocol attempts to safeguard. The Biosafety Protocol makes it clear that new technology-based products must adhere to the precautionary principle and enable poor countries to weigh economic advantages against public health considerations. This article will explain to you about the Cartagena Protocol on Biosafety to the Convention on Biological Diversity which will be helpful in preparing the Environment Syllabus for the UPSC Civil Service exam.

What is Cartagena Protocol?

• The Cartagena Protocol on Biosafety is a protocol to the Convention on Biological Diversity.
• Biosafety refers to the need to protect human health and the environment from the potentially harmful effects of modern biotechnology products.
• The Convention expressly acknowledges these two aspects of modern biotechnology:
  • Technology acquisition and transfer
  • Appropriate procedures to improve biotechnology technology safety.
• The Protocol establishes procedures for regulating the import and export of LMOs between countries.
• The Protocol also requires Parties to ensure that LMOs are handled, packaged, and transported safely from one country to another.
• Shipments must be accompanied by documentation that clearly identifies the LMOs, specifies any requirements for safe handling, storage, transport, and use, and includes contact information for additional information.
• There are two sets of procedures for LMOs intended for direct introduction into the environment, known as the advance informed agreement (AIA) procedure, and another for LMOs intended for direct use as food or feed, or for processing (LMOs-FFP).

Cartagena Protocol - Background

• After a CBD Open-ended Ad Hoc Working Group on Biosafety met six times between July 1996 and February 1999, it was decided to adopt the Cartagena Protocol on Biosafety, also referred to as the Biosafety Protocol, in January 2000.
• A draft of the Protocol was submitted by the Working Group for the Conference of the Parties to review during its initial extraordinary meeting.
• It was called to order specifically to adopt a biosafety protocol for the CBD.
• The Cartagena Protocol was finally accepted on January 29, 2000, after a few delays.
• With the help of contemporary biotechnology, living modified organisms could offer hazards to biological variety, which is why the Biosafety Protocol.

What are Living Modified Organisms (LMOs)?

• According to the protocol, a "living modified organism" is any living thing that has a unique mix of genetic material that was created with the aid of contemporary biotechnology.
• A "living organism" is defined as any biological entity capable of transferring or replicating genetic material, including sterile organisms, viruses, and viroids.
• The Protocol defines "modern biotechnology" as the employment of in vitro nucleic acid procedures or the fusing of cells from different taxonomic families that bypass physiological or recombination barriers naturally and are not methods employed in conventional breeding and selection.
• "Living modified organism (LMO) Products" are defined as processed materials with observable unique combinations of genetic material that can be created via the application of contemporary biotechnology (for instance, flour from GM maize).
• Agricultural products made from GM crops are classified as "living modified organisms intended for direct use as food or feed, or for processing (LMO-FFP)".
• Overall, the term "living modified organism" and "genetically modified organism" are interchangeable; the Protocol neither distinguished between them nor used the term "genetically modified organism."

Cartagena Protocol - Objectives

• The primary objectives of the Protocol is to:
• Help ensure an adequate level of protection in the field of safe transfer;
• Handling, and use of "living modified organisms resulting from modern biotechnology" may have negative effects on conservation; and
• Sustainable use of biological diversity by taking also into account risks to human health.
• This is in accordance with Principle 15 of the Rio Declaration on Environment and Development.

Cartagena Protocol - Parties and Non-parties

• The Protocol's governing body is known as the Conference of the Parties to the Convention, which also serves as the Protocol's conference of the Parties (also the COP-MOP).
• This body's main obligation is to evaluate how the Protocol is being applied and make the judgments required to support its successful operation.
• Only Parties to the Protocol may make decisions under the Protocol.
• In the proceedings of sessions of the COP-MOP, Parties to the Convention who are not Parties to the Protocol may only take part as observers.
• In relation to the transboundary movements of LMOs to and from non-Parties to the Protocol, the Protocol discusses the obligations of Parties.
• It is necessary to carry out transboundary movements between Parties and non-Parties in a way that is consistent with the Protocol's goal.
• Parties have a responsibility to push non-Parties to follow the Protocol and provide data to the Biosafety Clearing House.

Cartagena Protocol - Scope

• All LMOs that may negatively impact the preservation and sustainable use of the biological variety, while simultaneously posing dangers to human health, are subject to the Protocol's restrictions on transboundary movement, transit, handling, and use.
• The following are the main areas under the Cartagena Protocol's purview:
• LMOs (living modified organisms ) that are deliberately added to the environment (trees, seeds, or fish).
• Genetically modified (GM) agricultural products (grain and corn used for animal feed, food, or processing).
• It excludes human drugs covered by other international agreements and organizations as well as LMO-derived goods like cooking oil made from GM corn.
• According to the Protocol, LMOs fall under the following categories:
• LMOs for purposeful introduction into the environment - subject to AIA processes.
• LMOs that are intended for processing, as well as direct use as food or feed, are subject to streamlined procedures that involve notifying through the BCH.
• LMOs intended for contained use, such as microorganisms used in laboratory investigations, are free from AIA regulations.

Cartagena Protocol - Provisions for AIA Procedure

• A mechanism for advance informed agreement (AIA) is outlined in the Protocol.
• Before consenting to accept LMO imports, governments must be provided with sufficient information to enable them to make an educated decision.
• The AIA is comprised of four components:
  • Notification from the exporter - Under the AIA procedure, a country intending to export an LMO for intentional release into the environment must notify the Party of import in writing prior to the first proposed export.
  • Acknowledgment of importer's receipt of notification - Within 90 days of receiving the notification, the Party of Import must acknowledge receipt and communicate its decision on whether or not to import the LMO within 270 days.
  • Decision-making process (approve/prohibit/request additional information, etc.) - Parties must ensure that their decisions are based on an assessment of the LMO's risk, which must be done in a scientifically sound and transparent manner.
  • Review of decisions - Once a Party has made a decision on the LMO, it must communicate that decision, as well as a summary of the risk assessment, to a central information system, the Biosafety Clearing-House (BCH).

Cartagena Protocol - LMOs-FFP Procedure

Parties that decide to approve and place LMOs on the market are required by the LMOs-FFP procedure to make their decision and relevant information, including risk assessment reports, publicly available through the BCH.

Cartagena Protocol and India

• India is a signatory to the Cartagena Protocol (ratified in 2003).
• The Ministry of Environment, Forest and Climate Change (MOEF&CC), Government of India, is the nodal agency (Competent National Authority-CNA) in the nation for the Protocol's implementation.
• India was one of the pioneers in the creation of a biosafety regulatory framework for the regulation of LMOs, beginning in the year 1980s.
• It also has an organized regulatory framework that is based on science.
• The phrases "genetically engineered organism" or "genetically modified organism," which are interchangeable with LMOs, are used in Indian legislation.
• A number of guidelines for risk management and risk evaluation of GMOs are available in India.

Conclusion

The Conference of the Parties to the Convention on Biological Diversity adopted the Cartagena Protocol on Biosafety, a supplementary agreement to the Convention. The Protocol aims to protect biological diversity from the risks posed by living modified organisms as a result of modern biotechnology. It establishes an advance informed agreement (AIA) procedure to ensure that countries receive the information they need to make informed decisions before agreeing to the importation of such organisms into their territory. The Protocol makes reference to a precautionary approach and reaffirms the precautionary language in Rio Declaration on Environment and Development Principle 15.

FAQs

Question: What is the Cartagena Protocol on Biosafety?

Question: When was the Cartagena Protocol adopted and enforced?

Question: What are the key objectives of the Cartagena Protocol?

Question: What is the Advance Informed Agreement (AIA) procedure under the Cartagena Protocol?

Question: How does the Cartagena Protocol impact international trade of genetically modified organisms (GMOs)?

MCQs

1. The Cartagena Protocol on Biosafety was adopted under which international agreement?

A) Kyoto Protocol

B) Convention on Biological Diversity (CBD)

C) Paris Agreement

D) Ramsar Convention

2. The main focus of the Cartagena Protocol is on:

A) Reducing carbon emissions

B) Protecting endangered species

C) Regulating the safe use of living modified organisms (LMOs)

D) Managing water resources

3. The Advance Informed Agreement (AIA) procedure under the Cartagena Protocol ensures:

A) Unrestricted export of LMOs

B) Prior notification and consent from importing countries

C) Only national-level discussions on biosafety

D) Trade embargoes on LMOs

4. Which of the following dates marks the entry into force of the Cartagena Protocol?

A) January 29, 2000

B) September 11, 2003

C) December 1, 1999

D) June 5, 2005

5. One of the key objectives of the Cartagena Protocol is to:

A) Promote the use of chemical pesticides

B) Facilitate international GMO trade without restrictions

C) Conserve biodiversity and protect human health from risks posed by LMOs

D) Limit scientific research on biotechnology

GS Mains Questions and Model Answers

Q1: Discuss the objectives and key provisions of the Cartagena Protocol on Biosafety under the Convention on Biological Diversity (CBD).

Answer: The Cartagena Protocol on Biosafety, adopted under the Convention on Biological Diversity, aims to ensure the safe handling, transport, and use of living modified organisms (LMOs) resulting from modern biotechnology. Its key objectives include conserving biodiversity, protecting human health, and facilitating informed decision-making regarding the transboundary movement of LMOs. The protocol outlines an Advance Informed Agreement (AIA) procedure, requiring exporters to notify and seek prior consent from importing countries before exporting LMOs intended for environmental release. It also mandates risk assessments, promotes transparency, and establishes mechanisms for international cooperation and capacity-building to enhance biosafety.

Q2: Analyze the significance of the Advance Informed Agreement (AIA) procedure in the Cartagena Protocol for the regulation of LMOs.

Answer: The Advance Informed Agreement (AIA) procedure is a crucial aspect of the Cartagena Protocol that ensures the safe transboundary movement of living modified organisms (LMOs). By requiring exporters to notify importing countries and obtain prior consent, the AIA procedure enables countries to assess potential risks and make informed decisions regarding the import of LMOs. This promotes transparency, reduces the likelihood of unintentional environmental harm, and protects biodiversity and human health. The procedure also strengthens the regulatory framework for biosafety, balancing the benefits of biotechnology with safety concerns in international trade.

Q3: Evaluate the impact of the Cartagena Protocol on international trade in genetically modified organisms (GMOs) and biosafety regulations.

Answer: The Cartagena Protocol has a significant impact on international trade in genetically modified organisms (GMOs) by establishing a framework for biosafety regulations. It mandates exporters to provide detailed information about GMOs, ensuring transparency and enabling importing countries to assess potential risks. This regulatory approach helps protect biodiversity and human health while allowing countries to exercise their right to accept or reject GMO imports based on risk assessments. However, the protocol also raises challenges for trade, as stringent biosafety measures may lead to trade disputes and require capacity-building in developing countries to implement effective regulations. Balancing trade interests with biosafety remains a key challenge.

Previous Year Questions on Cartagena Protocol

1. UPSC CSE 2020

Question: Discuss the relevance and challenges of implementing the Cartagena Protocol on Biosafety in the context of global trade and environmental protection.

Answer: The Cartagena Protocol on Biosafety is relevant for balancing global trade in genetically modified organisms (GMOs) with environmental and health protection. By establishing biosafety regulations for the transboundary movement of living modified organisms (LMOs), the protocol seeks to minimize potential risks to biodiversity and human health. Its provisions, including the Advance Informed Agreement (AIA) procedure, promote transparency and informed decision-making. However, implementation poses challenges, particularly for developing countries, which may lack the capacity and infrastructure to assess and regulate LMOs effectively. Additionally, conflicts between trade liberalization and biosafety regulations can lead to disputes, requiring international cooperation and capacity-building to address these challenges.

2. UPSC CSE 2019

Question: Analyze the role of the Cartagena Protocol in promoting biosafety and its implications for biotechnology research and development.

Answer: The Cartagena Protocol plays a vital role in promoting biosafety by establishing a framework for the safe handling, transport, and use of living modified organisms (LMOs). By mandating risk assessments, transparent communication, and international cooperation, the protocol ensures that biotechnology research and development proceed in a manner that minimizes risks to biodiversity and human health. While it provides safeguards, the protocol's regulatory measures may also pose challenges for biotechnology innovation, as stringent biosafety requirements can increase costs and regulatory hurdles. Balancing innovation and safety is essential for harnessing the benefits of biotechnology while safeguarding the environment and public health.