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On June 13 of this year, the Republic of Palau became the fiftieth state to ratify the protocol, which triggered the countdown to the entry into force. To date, 57 States and the European Union have ratified it, with South Africa being the most recent.
Underscoring the significance of the Protocol's entry into force, Hamdallah Zedan, the convention’s executive secretary, said: "This means that the transboundary movement of LMOs from one country to another will have to be in conformity with the provisions of the Protocol, in cases where both countries are parties to the protocol. However, in cases where movement of LMOs involves a party and a non-party, such movement shall be consistent with the objective of the protocol.”
The protocol establishes a harmonized set of international rules and procedures designed to ensure that countries are provided with the necessary information to enable them to make informed decisions before agreeing to the import of LMOs. It also ensures that LMO shipments are accompanied by appropriate identification documentation.
The decision-making body of all the member countries of the protocol – the Conference of the Parties – will convene in February 2004 in Kuala Lumpur, Malaysia to address strategic and operational measures for the implementation of the protocol.
While the ultimate responsibility to ensure that the protocol is implemented lies with parties, Mr. Zedan observed that "all relevant stakeholders – business and industry, NGOS, scientists, researchers and the media – have a big role to play." Their cooperation is essential for its successful implementation."
The entry into force of the protocol means that a number of things will change regarding the transboundary movement of LMOs involving countries that are parties to the protocol:
· Under what is known as the advance informed agreement (AIA) procedure, any party shipping LIVIOs for intentional introduction into the environment for the first time shall have to give prior notification to the importing country that is a party to the protocol and provide sufficient information to enable it to make an informed decision.
· On the other hand, if a party approves for domestic use and marketing LIMs intended for direct use as food, feed or processing and these may be exported to other countries, that party must communicate its decision and details about the LMOs to the world community via the Biosafety Clearing-House (BCH).
· Furthermore, exporters must ensure that all shipments are accompanied by appropriate documentation required under the protocol.
· Shipments of LMOs for intentional introduction into the environment will have to be Identified in accompanying documentation as LMOs, with specifics of the LMO identity and characteristics and a declaration that "the movement is in conformity with the requirements of the protocol.”
· The Biosafety Clearing-House, established by the protocol, is now operational. All decisions taken by any party regarding the importation or release of LMOs must now be made available to the Biosafety Clearing-House. In addition, the information specified in the protocol, including: national laws for implementing the protocol; any bilateral, regional and multilateral agreements entered regarding transboundary movement of LMOs and summaries of risk assessments of LMOs must be provided through the BCH.
· Furthermore, parties must ensure that risk assessments are carried out for decisions taken under the AIA procedure and must adopt measures for managing any risks identified by risk assessments. They must also monitor and control any new risks that may emerge in the future.
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