Text of Nagoya Kuala-lumpur Supplementary Protocol

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The Cartagena Protocol on Biosafety was adopted on 29 January 2000 as a supplementary agreement to the Convention on Biological Diversity. It entered into force on
11 September 2003. The Protocol is a multilateral environmental agreement that is intended to contribute to the safe transfer, handling, and use of living modified organisms that may have adverse effects on biological diversity, taking also into account risks to human health, and with specific focus on transboundary movements. The issue of elaborating rules on liability and redress for damage resulting from living modified organisms was under consideration internationally both before and after the adoption of the Protocol on Biosafety. Article 27 of the Protocol set the stage for the establishment of a formal process towards completion of the consideration of the issue within a defined timeframe. Article 27 required the Conference of the Parties to the Convention on Biological Diversity serving as the meeting of the Parties to the Biosafety Protocol to adopt, at its first meeting, a process with respect to the appropriate elaboration of international rules and procedures in the field of liability and redress for damage resulting from transboundary movements of living modified organisms. Accordingly, the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Cartagena Protocol on Biosafety which was held in Kuala Lumpur, from 23 to 27 February 2004 established an Ad Hoc Open-ended Working Group of Legal and Technical Experts on Liability and Redress in the Context of the Cartagena Protocol on Biosafety to analyse issues, elaborate options, and propose international rules and procedures on the subject. After several years of negotiations, an international agreement, known as the Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety, was finalized and adopted in Nagoya, Japan, on 15 October 2010 at the fifth meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol. The Supplementary Protocol adopts an administrative approach to addressing response measures in the event of damage or sufficient likelihood of damage to the conservation and sustainable use of biological diversity resulting from living modified organisms that find their origin in transboundary movements. Like its parent treaty, the Cartagena Protocol on Biosafety, the adoption of the Nagoya  Kuala Lumpur Supplementary Protocol is seen as playing a function of preventing damage on the one hand and as a further confidence-building measure on the other, in the development and application of modern biotechnology. It advances the enabling environment for deriving maximum benefit from the potential of living modified organisms
by providing rules for redress or response measures in the event something goes wrong and biodiversity suffers or is likely to suffer damage.

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