ATTACHMENT FOUND Recommendation from the Commission to the Council on the Participation of the European Community in Negotiations on International Rules and Procedures in the Field of Liability and Re

September 25, 2006

Brussels, 22 Sep 2006

Full text of Document 13078/06
Suite of documents 13078/06

Brussels, 22 September COVER NOTE from: Secretary-General of the European Commission, signed by Mr Jordi AYET PUIGARNAU, Director date of receipt: 18 September 2006

Subject: Recommendation from the Commission to the Council on the participation of the European Community in negotiations on international rules and procedures in the field of liability and redress for damage resulting from transboundary movements of Living Modified Organisms (LMOs) under the Cartagena Protocol on Biosafety

Delegations will find attached Commission document SEC(2006) 1135 final.

Encl.: SEC(2006) 1135 final

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 15.09.2006 SEC(2006) 1135 final

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL

on the participation of the European Community in negotiations on international rules and procedures in the field of liability and redress for damage resulting from transboundary movements of Living Modified Organisms (LMOs) under the Cartagena Protocol on Biosafety

A. EXPLANATORY MEMORANDUM

1. The Cartagena Protocol on Biosafety to the Convention on Biological Diversity entered into force on 11 September 2003. The Protocol provides a framework, based on the precautionary principle, for the safe transfer, handling and use of living modified organisms (LMOs) resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, or pose risks to human health. The Protocol focuses specifically on transboundary movements.

2. The Council adopted a Decision on the conclusion, on behalf of the European Community, of the Protocol on 25 June 2002. The instrument for Community ratification was deposited on August 2002.

3. According to Article of the Protocol, the Conference of the Parties serving as the Meeting of the Parties to the Protocol (COP/MOP) shall, at its first meeting, adopt 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, analysing and taking due account of the ongoing processes in international law on these matters, and shall endeavour to complete this process within four years. The COP/MOP established at its first meeting in 2004 an Open-ended Ad Hoc Working Group of Legal and Technical Experts on Liability and Redress to fulfil Article .

4. The mandate of this group is to examine information and analyse general issues relating to liability and redress for damage resulting from transboundary movements of LMOs and to elaborate options for elements of rules and procedures on liability and redress. The Ad Hoc Group on Liability and Redress met twice, from 25 to May 2005 and from 20 to 24 February 2006 in Montreal, Canada. After the review of information and analysis of general issues, the Group has moved to the elaboration of operational text for the various elements of the rules and procedures on liability and redress. The third, fourth and fifth meeting of the Group will take place in 2007 and to 2008 in order for it be able to present its final report together with the proposed international rules and procedures in the field of liability and redress to COP/MOP4 scheduled for 2008 in Germany.

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