Considerations on COM(2012)236 - Conclusion of the Nagoya-Kuala Lumpur Supplementary protocol on Liability and Redress to the Cartagena Protocol on Biosafety

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dossier COM(2012)236 - Conclusion of the Nagoya-Kuala Lumpur Supplementary protocol on Liability and Redress to the Cartagena Protocol on Biosafety.
document COM(2012)236 EN
date February 12, 2013
 
table>(1)Article 27 of the Cartagena Protocol on Biosafety to the Convention on Biological Diversity (2) (‘the Protocol’) provides that the Conference of the Parties serving as the Meeting of the Parties to the Protocol (COP/MOP) shall adopt, in its first meeting, a process with respect to the elaboration of international rules and procedures in the field of liability and redress for damage resulting from transboundary movements of living modified organisms.
(2)In June 2007, the Council adopted a Decision authorising the Commission to participate in the negotiations concerning liability and redress in this field on behalf of the Union as regards matters falling within Union competence, in accordance with certain negotiating directives. That authorisation was extended in October 2008 to cover the final stages of the negotiations.

(3)During the fifth COP/MOP in Nagoya, Japan, the Union supported the final compromise reached on the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety (‘the Supplementary Protocol’), following consideration that it was within the limits of the agreed Union positions and negotiating directives addressed to the Commission.

(4)On 15 October 2010, the final plenary of the fifth COP/MOP adopted the Supplementary Protocol.

(5)On 20 December 2010, the Council welcomed the adoption of the Supplementary Protocol.

(6)In accordance with a Council Decision of 6 May 2011 (3), the Supplementary Protocol was signed by the Union on 11 May 2011, subject to its conclusion at a later date.

(7)According to Article 34 of the Convention on Biological Diversity (4), any protocol to that Convention is subject to ratification, acceptance or approval by States and by regional economic integration organisations.

(8)The Union and its Member States should endeavour to deposit as soon as possible their instruments of ratification, acceptance or approval of the Supplementary Protocol.

(9)The Supplementary Protocol contributes to the achievement of the objectives of the environmental policy of the Union.

(10)The Supplementary Protocol should therefore be approved on behalf of the Union,