Working Group Addresses Liability and Redress Under Biosafety Protocol

Approximately 200 delegates, representing governments, non-governmental organizations, industry, and academia met in Montreal, Canada from 22-26 October to discuss issues of liability and redress under the Biosafety Protocol. This was the fourth meeting of the Open-ended Ad Hoc Working Group of Legal and Technical Experts on Liability and Redress in the context of the Cartagena Protocol on Biosafety, which is mandated to elaborate options for international rules and procedures on liability and redress with respect to damage resulting from the transboundary movements of living modified organisms.

The five-day meeting concentrated on negotiating the draft operational texts on several issues, including the scope, definition and nature of damage; the channeling of liability; the standard of liability; mechanisms of financial security; and the right to bring claims and measures relating to capacity-building.

At its three previous meetings, the working group reviewed information and attempted to develop a common understanding on a number of specific issues relating to liability and redress. The group also considered the developments and experiences from other relevant international processes.

Adopted in January 2000, the Cartagena Protocol on Biosafety is supplementary agreement to the Convention on Biological Diversity (CBD). The Protocol's objective is to contribute to the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on biodiversity, taking also into account risks to human health.

The Working Group was established pursuant to Article 27 (Liability and Redress) of the Protocol by the first Conference of the Parties to the CBD serving as the Meeting of the Parties to the Protocol (COP/MOP-1) in 2004. Its mandate is to:

• Review information relating to liability and redress for damage resulting from transboundary movements of living modified organisms;
• Analyze general issues relating to potential and/or actual damage scenarios of concern; and
• Elaborate options for elements of rules and procedures on liability and redress.

The Working Group's complete report is available at this address.