II. Process for Implementation of the Biosafety Protocol

Once the Protocol becomes effective, Meetings of the Parties to the Protocol will begin to occur in conjunction with the Conferences of the Parties to the CBD. If fifty countries ratify the Protocol by the end of 2001, it will take effect in time for the next CBD Conference of the Parties, scheduled for April 2002 in The Hague, also to serve as the First Meeting of the Parties to the Protocol.

The European Union (“EU”), in particular, is pushing for prompt ratification of the Protocol so that it may take effect early in 2002. Not only would this permit Europe to host the first Meeting of the Parties to the Protocol; it also would coincide with final preparations for “Rio Plus Ten,” an international gathering scheduled for September 2002 in Johannesburg that will commemorate the tenth anniversary of the Rio Earth Summit where the CBD was launched. The Europeans and other hope to add the Biosafety Protocol to the list of agreements that have come into force since Rio, thus demonstrating growing “success” in the field of environmental protection and sustainable development.

In the meantime, an intergovernmental committee (“ICCP”) has been formed to formulate recommendations concerning implementation of the Protocol. The first meeting of the ICCP (“ICCP-1”) took place December 11-15, 2000 in Montpellier, France. The second meeting is scheduled for October 1-5, 2001 in Nairobi. A series of “experts meetings” are taking place between the ICCP meetings to address various aspects of Protocol implementation and interpretation. All of these meetings are convened and held under the supervision of the ICCP Bureau, a small group of regional representatives that largely determine the direction and content of the ICCP discussions. The private sector participates in these meetings under the umbrella of an ad hoc “Global Industry Coalition” or by selected representatives.

Once the Protocol takes effect, the ICCP will present its recommendations to the Parties at the First Meeting of the Parties and then will cease to exist. Only the Parties to the Protocol will be empowered to make decisions on the ICCP recommendations and any other implementation issues. This will hinder the United States, which is not a party to the CBD, from effectively participating in the process once the Protocol enters into force. It also may be of interest to note that Thailand is the only other major country that is not a party to the CBD.

As discussions about Protocol implementation proceed this fall, the atmosphere may prove at least as contentious and politically charged as in the past. This is because a number of critical issues, such as documentation requirements for commodity shipments and whether to establish a liability regime, were deferred in the end to permit agreement on a final text. In addition, even fully negotiated items, such as the precautionary principle language, are susceptible to vastly different interpretations. These varying interpretations will likely be seen not only in international discussions but also in national implementing legislation around the world.

• Introduction
• Key Elements of the Biosafety Protocol

Related topics:

• GM Crops and the Environment

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