INSIGHTS INTO THE BIOTECH POLICY AND EUROPEANS TENDENCY PUBLISHEDMaria Mihaela Antofie, Camelia Sand
Art. 27, entitled Liability and Redress, of the Cartagena Protocol on Biosafety (CPB) to the Convention on the Biological Diversity is stating that the Parties should 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 (LMOs) and shall endeavour to complete this process in four years. As this deadline was not respected due to the very complex process in negotiations globally, the 4th Conference of the Parties (COP) (2008) gives strict instructions to the Ad Hoc Technical and Expert Group on Liability and Redress to negotiate a Draft Supplementary Protocol to be further negotiated and adopted during the COP 5 in October 2010. The operational text to be negotiated is adopted as COP 4 decision. During the last negotiation sessions of the AHTEG (Thailand 8-12 February 2010) the operational text was tabled for discussions and negotiations but no general agreement was attained and discussions included guidelines on civil liability, supplementary compensation scheme and complementary capacity-building measures. Such new items developments are highly depending upon the type of the developed and adopted new regime for the Liability and Redress. Still during the last round negotiation it was agreed to be elaborated a single legally-binding provision on civil liability among the others administrative liability of the new supplementary protocol. In this paper it is discussed, applying the negotiations rules and procedures for using the draft paper submitted for negotiations and some legal implications for Romania as a member state if such a Protocol is adopted. Also the paper discuss the European and Romanian legislation already in force for genetically modified organisms in the field of liability and redress and reveals the next steps in further influence and develop the European legislation.
modern biotechnology; policy; biotech research