044698/EU XXV. GP Eingelangt am 04/11/14 Council of the European Union Brussels, 4 November 2014 (OR. en, fr) 14789/14 ENV 860 WTO 281 ONU 127 AGRI 657 INFORMATION NOTE From: To: General Secretariat of the Council Delegations Subject: Convention on Biological Diversity (CBD): Seventh meeting of the Conference of the Parties serving as the Meeting of the Parties to the Cartagena Protocol to Biosafety (COP MOP 7) (Pyeongchang, Republic of Korea, 29 September - 3 October 2014) Compilation of statements from the European Union and its Member States Delegations will find, for information, in the Annex a compilation of statements from the EU and its Member States as delivered during COP MOP 7. ______________ 14789/14 KS/am DG E 1A www.parlament.gv.at 1 EN/FR ANNEX Seventh meeting of the Conference of the Parties serving as the Meeting of the Parties to the Cartagena Protocol to Biosafety (COP MOP 7) (Pyeongchang, Republic of Korea, 29 September - 3 October 2014) List of Contents Opening Statement............................................................................................................................. 3 Item 4 – Report of the Compliance Committee ............................................................................... 4 Item 5 – Operation and activities of the Biosafety Clearing House............................................... 5 Item 6 – Financial Mechanism and Resources ................................................................................ 7 Item 7 – Cooperation with other Organizations, Conventions and Initiatives ............................ 9 Item 10 – Handling, Transport, Packaging and Identification of Living Modified Organisms10 Item 11 – Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress ............. 12 Item 12 – Risk Assessment and Risk Management....................................................................... 13 Item 13 – Socio-economic considerations....................................................................................... 15 Item 14 – Monitoring and Reporting ............................................................................................. 17 Item 15 – Assessment and Review of the Effectiveness of the Protocol ...................................... 19 Item 16 – Unintentional Transboundary Movements and Emergency Measures ..................... 20 Item 17 – Contained Use of Living Modified Organisms ............................................................. 22 Closing Statement ............................................................................................................................ 23 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 2 EN/FR Opening Statement 1. Mr Chair, during the course of this meeting, I am speaking on behalf of the European Union and its 28 Member States. 2. We would like to thank the government of the Republic of Korea for hosting this important meeting in this beautiful country so rich in biodiversity and natural surroundings. 3. A word of thanks is also due to the Secretariat for their work in the previous biennium and in the run up to this meeting. We also express our sincere appreciation for the leadership of India as President of the COP which facilitated activities in the past two years. We warmly greet Korea as the incoming President. 4. We look forward to working together with you and all delegates attending this meeting. We trust that we will not only have fruitful exchanges over the coming days, but, that we will also focus our common efforts on implementing this Protocol. We attach great importance to improving efficiency in our decision-making processes and in our structures in order to continue to prioritize the full implementation of this Protocol, in close relationship to the Convention and its other Protocol. Thank you, Chair, for giving me the floor. We once again wish you every success in conducting us to achieve the maximum out of our meeting this week. ___________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 3 EN/FR Item 4 – Report of the Compliance Committee Compliance x Chair, the European Union and its Member States would like to thank the Compliance Committee for its recommendations as contained in document before us. From the report, it is clear that a significant number of Parties from all regions still struggle to comply fully with the provisions of the Protocol. x It is clear from the documentation that progress has been made and many Parties are engaging proactively with the Secretariat to resolve any issues they may have. However, we note that a number of gaps still remain, in particular as regards the adoption of national biosafety frameworks. x There are mechanisms in place to assist Parties to comply with the Protocol, including requesting the help of the Compliance Committee. We note that in spite of the compliance issues identified by the committee, it seems that not all of these mechanisms are being used to their capacity. x In this regard we would like to point to three issues in particular: o From the notional allocation in GEF-5 for biosafety, only about 40% has been used for biosafety activities. We will discuss this further under the agenda item of financial mechanism; o In addition, no Party has informed the Compliance Committee of challenges in complying with the Protocol in order to obtain the assistance of the Committee. o We have one small change to paragraph 3 of the recommendations so that we Request Invite Parties and urge other Governments….. x We would like to see a decision on Compliance that encourages Parties that are struggling to comply, to take full use of the instruments at their disposal. Thank you, chair. ________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 4 EN/FR Item 5 – Operation and activities of the Biosafety Clearing House 1. Madame Chair, the Biosafety Clearing House (BCH) is essential for the implementation of the Protocol, and the progress made, as highlighted by the Secretariat, is much appreciated. The European Union and its Member States thank the Secretariat for its work and want to continue supporting the BCH, within the current resource constraints. 2. The BCH has stepped-up its co-operation with other databases and clearing houses and should continue to do so, not least, to avoid duplication of effort. 3. The capacity-building initiatives of the BCH, in particular its Network of Laboratories, are very important and coordinating them with those of the Parties to the Protocol - as we have done with regard to LMO monitoring - is a cost-effective way of maximising the efficiency of our efforts. 4. Further development of the BCH should depend on feedback from its user community and should be targeted towards the needs of its users. We ask the Secretariat to continue to collect and analyse feedback received by making use of all available tools, in particular - but not exclusively - those based on the internet. 5. We acknowledge the increase in submissions of information by Parties and other Governments to the BCH, which is a very important development. We note, however, that there is still progress to be made and we call on the Parties to notify all their decisions concerning LMOs related to the Cartagena Protocol to the BCH. 6. We would like to see the dissemination of information further improved, e.g. by offering aggregated and analytical information from the increasing body of information accumulated in the BCH, making this wealth of knowledge better accessible. 7. At a meeting of the national focal points of the EU and EU-Member States the decisions on field trials for LMOs were identified as one of the remaining information gaps in the BCH. 8. Therefore, we encourage the Secretariat to continue working with Parties in order to find solutions for obstacles hindering the use of the BCH or the submission or retrieval of information from the BCH, and we remind Parties of their responsibility to ensure that adequate resources are available to allow information to be provided (and updated) on time. 9. I would like to underline our appreciation, once again, of the work carried out by the BCH team in the Secretariat and our willingness to continue to cooperate in the future. On the Draft Decision: 10. While we support the suggested elements for a draft decision, we would, appreciate if a reference to the further harmonisation of, and capacity building for, LMO monitoring is added. We have the following proposals: o Add a reference to the other clearing-houses of the Convention in paragraph (b); 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 5 EN/FR o Introduce new text recalling paragraph 1 (a) of decision BS-V/2 inviting Parties and other Governments to provide information on final decisions and the risk assessment summaries regarding such decisions pertaining to intentional introductions of living modified organisms into the environment for field trials, regardless of whether or not the living modified organism will be subjected to future transboundary movements or commercialization; o In old paragraph (d), corresponding to new paragraph (e), replace the word "urge" with "invite" before the reference to the GEF; o We would then like to add a further two paragraphs: - a new paragraph (f) requesting the Executive Secretariat to continue developing the BCH taking due account of the needs of its user community with special emphasis on the activities relating to the harmonisation of, and capacity building for LMO monitoring, including the Networks of Laboratories; and - a new paragraph (g) recalling paragraph 10 of decision BS-V/2 inviting Parties, other Governments and relevant international organizations to provide funding and to strengthen and expand initiatives, as much as possible in a coordinated way, aimed at overcoming obstacles encountered by developing country Parties in meeting their obligations under Article 20 of the Protocol. 11. We will hand over these proposals in writing to the Secretariat. Thank you, Madame Chair. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 6 EN/FR Item 6 – Financial Mechanism and Resources 1. First of all, the European Union and its Member States would like to thank the Secretariat for all the work undertaken in the preparation of COP-MOP 7. 2. We welcome the document on Matters related to the Financial Mechanism and Resources with respect to biosafety (UNEP/CBD/BS/COP-MOP/7/4). 3. We welcome the creation of programme 5 in the GEF-6 biodiversity focal area strategy, reflecting the importance of the Cartagena Protocol. 4. We are highly committed to the realization of the goals of the Cartagena Protocol. We underline the low number of projects submitted to GEF and the low level of utilization of the available funds for biosafety (BD-3). During the entire GEF-5 only 41% of the notional allocation has been used by Parties. This has contributed to the GEF’s decision to reduce the notional allocation for biosafety from $75 million in GEF-4 to $40 million in GEF-5 and $30 million in GEF-6. 5. We consider that eligible Parties should prioritize biosafety projects during the programming of their GEF-6 national allocations under the System for Transparent Allocation of Resources (STAR), to fulfil their obligations under: 1. the Cartagena Protocol on Biosafety, 2. the Strategic Plan for the Cartagena Protocol on Biosafety for the period 2011-2020, 3. the guidance of the Conference of the Parties to the financial mechanism. 6. We note the need to ensuring a more efficient and responsive use of the available financial mechanism to support capacity building projects at the national, regional and sub-regional level and to establish a wide cooperation between Parties in organizing capacity building activities in order to fulfilling obligations under the Protocol and to raise the awareness of the Cartagena Protocol as a tool for sustainable development and the protection of biodiversity. These capacity building activities could lead to a better chance of access to GEF funds through well designed projects. 7. We recommend to improve the wording under paragraph 13 on further guidance to the financial mechanism. The GEF should be invited to support the eligible Parties, that have reported to the Compliance Committee difficulties in complying with the Protocol, in different activities such as the preparation of the third national report (or the first for the Parties that have not yet done so), the implementation of national biosafety frameworks, and the engagement of experts from the Biosafety Roster of Experts. However, we do not consider a focal area set-aside as the appropriate means to this effect. 8. We do not support the opening of a special financial window for supporting the implementation of the Protocol set out under paragraph 13(c). 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 7 EN/FR 9. We find the recommendations under “Mobilization of additional resources” important and we recognize that the use of resources for biosafety should be included in their national budgets. 10. Let me close this statement, Mr Chairman, by informing you that we will hand our drafting suggestions for the draft COP-MOP decision that reflect our views to the Secretariat in writing. Thank you, Mr Chairman. __________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 8 EN/FR Item 7 – Cooperation with other Organizations, Conventions and Initiatives 1. The European Union and its Member States, would like to thank the Executive Secretary for the information provided on activities taken to improve cooperation with other organizations, conventions and initiatives. 2. We support cooperation with other organisations, conventions and initiatives as a mean to implement and to achieve the objectives of the protocol and of the Strategic Plan for the Cartagena Protocol on Biosafety for the period 2011–2020. 3. Given the current economic situation, we must underline that the budgetary aspect linked to this topic is paramount and calls for a cautious approach. We consider the current level of collaborative work with other organisations as adequate and believe that it should be pursued to the same extent. At the same time, it is crucial in our view that any coordination and collaboration with relevant organizations, conventions and initiatives is prioritized and restricted to key areas of the Protocol, that, in our view, are capacitybuilding, information sharing, public awareness, public participation, risk assessment and detection and identification of LMOs. 4. We consider that efforts to gain observer status for the CBD in the relevant WTO Committees should be continued. 5. We will therefore provide the Secretariat with a new proposal for a draft decision reflecting our position and look forward to discuss this issue further. Thank you, Mr Chairman. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 9 EN/FR Item 10 – Handling, Transport, Packaging and Identification of Living Modified Organisms 1. Madame Chair, I would like to thank the Secretariat for preparing both the Synthesis of information on experience gained in relation to Article 18 paragraph 2(a), and the Analysis of information on standards regarding Article 18 paragraph 3. On article 18, paragraph 2 (a) 2. The European Union and its Member States welcome the reminder to ensure that the information required in this Article and in paragraph 4 of decision BS-III/10 to identify living modified organisms intended for direct use as food or feed, or for processing, is incorporated into the existing documentation accompanying the living modified organisms (LMOs). 3. We appreciate the current flexibility provided by Decision BS-III/10 regarding the documentation format, allowing Parties to decide on the most suitable format for conveying the information requirements under this Decision. The exact format of the documentation is rather less important than the objective of the documentation which is to share information. 4. Despite the fact that the information submitted on experience gained was limited, it would appear that there is a general support for maintaining the current documentation requirements. As a result, we consider there is no need for harmonisation regarding the documentation format or for a stand-alone document. 5. We also recognize the need for cooperation and capacity building in implementing identification requirements and we will continue to support Parties in this matter through, amongst other thing, the electronic Network of Laboratories that was established through the BCH. On the Draft Decision: 6. As regards the elements for a draft decision in document COP-MOP/7/8, we suggest to delete the last paragraph (e) given the expressed support for maintaining the current flexibility regarding the documentation format. On article 18, paragraph 3 7. We appreciate the analysis made by the Executive Secretariat based on the study about information on standards which was submitted to the Parties at COP-MOP 6. 8. We consider that the existing international standards, guidance and methods are sufficient. We welcome, therefore, the suggested element for a draft decision inviting Parties and other Governments to use existing guidance for handling, transport and packaging of LMOs. 9. We believe that any duplication of work with other international bodies setting standards in this field should be avoided. COP-MOP is not a standard-setting body. 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 10 EN/FR On the Draft Decision: 10. As regards the draft decision in document COP-MOP/7/8/Add.1, the EU suggests removing from paragraph (d) a proposal to review at COP-MOP 9 the need for developing standards. 11. We consider that standards have been already discussed in depth. One of the conclusions of the study commissioned in 2012 is that the existing international standards, methods and guidance are sufficient to achieve the purposes of the Protocol. 12. Our suggestion will be handed in writing to the Secretariat. Thank you, Madame Chair. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 11 EN/FR Item 11 – Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress 1. Mr Chair, the European Union and its Member States would like to thank the Executive Secretary for its valuable note updating Parties on the ratification - and on activities aimed at promoting understanding, ratification and implementation - of the Nagoya Kuala Lumpur Supplementary Protocol on Liability and Redress (the Protocol) adopted in 2010. 2. We support concrete steps for the ratification, acceptance, approval or accession to the Protocol and the subsequent implementation by Parties. EU Member States are still in the process of ratifying, accepting, approving or acceding to the Protocol: with so far, the EU and 14 Member States having already done so. We are therefore half-way. The 14 other EU Member States are still engaged in their internal procedures that will enable the ratification, acceptance, approval or accession to the Protocol in the near future. 3. We are prepared to continue to work, together with our CBD partners, towards the further development of measures to support the international implementation of the Protocol, in particular as regards, its effective implementation in response to prioritized needs as expressed by Parties. On the Draft Decision: 4. Regarding the proposed elements for a draft decision we propose to split paragraph (d) in two parts (d) and (e) to clarify that in (d) an invitation “to undertake or support the organization of further awareness-raising and capacity-building” is addressed to “Parties and relevant organizations”, while in (f) we propose to “request the Executive Secretary to collaborate with relevant organisations in order to prepare, subject to the availability of funds, an explanatory guide in order to expedite the entry into force and implementation of the Supplementary Protocol”. 5. Our suggestions will be handed in writing to the Secretariat. Thank you, Mr Chair. _______________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 12 EN/FR Item 12 – Risk Assessment and Risk Management 1. Madam Chair, first of all, the European Union and its Member States would like to thank the Secretariat and all the experts from Parties, non-Parties and relevant organizations who have actively contributed to the various inter-sessional activities that have taken place since COPMOP 6. We wish to especially thank all those who participated in the testing process of the Guidance on Risk Assessment. Moreover, we warmly congratulate the Secretariat, the members of the Ad Hoc Technical Expert Group and the open-ended online expert forum for their successful work. 2. We believe the decision on Risk Assessment and Risk Management should aim to integrate all topics of our discussions, including the Guidance, the mechanisms to update and improve the Guidance, the package that aligns the Guidance and the Training Manual, capacity building provisions, the extension of the mandate of both the Online Forum and the AHTEG, and recommendations on how to proceed regarding the development of further guidance on specific aspects of risk assessment. 3. We can endorse the use and application of the Guidance in actual cases of risk assessment and as a tool for capacity-building activities in risk assessment on the clear understanding that the Guidance will be updated and improved to be ready for the eighth meeting of the COP-MOP. 4. We are of the view that the updating and improving of the Guidance should take priority over the development of further guidance. Further guidance should only be considered once the present Guidance is updated. We want to stress that when developing further guidance the results of the testing of the Guidance should be kept in mind and the needs of the Parties further assessed. 5. We also support the endorsement of the package that aligns the Guidance and the Training Manual, on the clear understanding that the Guidance will be updated and improved. 6. We support the draft decision suggested by the Executive Secretary on capacity-building in the context of risk assessment and risk management. 7. We support the extension of the mandate of both the open-ended online expert forum and the AHTEG and suggest new terms of reference, where priority is given to the updating process of the Guidance. The online forum should have a clear role in the updating process of the Guidance in order to enhance the transparency of the inter-sessional work. 8. As regards the issue of the identification of LMOs or specific traits that (i) may have or (ii) are not likely to have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, we welcome the information gathering with respect to specific sections of the BCH and support continuing contributions to these sections. However, in our view, the AHTEG should not consider further guidance on this issue. 9. We welcome the questions to the Third National report format on the use of the Guidance in order to collect information regarding indicators under operational objective 2.2 of the Strategic Plan 2011-2020. 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 13 EN/FR 10. The EU and its Member States recognize that synthetic biology is a matter of interest for the Convention on Biological Diversity and its Protocols, and, that if a product of synthetic biology is a LMO, then the provisions of the Cartagena Protocol apply. We therefore recommend pursuing a coordinated approach between the mother convention and the daughter protocols. Given that at COP 12, consideration will be given to convene, subject to the availability of financial resources, an open-ended online forum followed by an open workshop of experts with collective knowledge of the Convention and its Protocols and with terms of reference that include working towards an operational definition of synthetic biology comprising inclusion and exclusion criteria, we consider it somewhat early to discuss synthetic biology at this COP MOP. 11. Let me close this statement, Madam Chair, by informing you that we have some drafting suggestions to the draft COP-MOP decision reflecting our views and we will hand them over in writing to the Secretariat. Thank you, Madam Chair. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 14 EN/FR Item 13 – Socio-economic considerations 1. Mr Chair, the European Union and its Member States would like to thank the Secretariat for their extensive work with the online discussion groups, the regional conference and in particular the organization of the Ad Hoc Technical Expert Group (AHTEG) on Socioeconomic considerations (SEC) in Seoul in February 2014. 2. We welcome the continuation of activities to fulfil operational objective 1.7 of the Strategic Plan for the Cartagena Protocol on Biosafety for the Period 2011-2020. We believe that, in order to reach the best possible result, those activities should follow a stepwise approach, and make full use of the 6 remaining year time period up to 2020. 3. We consider that any outcome of the future work on SEC has to remain within the scope of Article 26.1, which is formulated on a voluntary basis, and has to respect the clear and fundamental distinction between risk assessment and SEC. 4. We consider that it is necessary to contemplate SEC in a balanced way, taking into account both possible positive and negative impacts. 5. As regards the suggested elements for a draft decision by the COP-MOP, we have the following comments: - We welcome the progress made by the AHTEG, and we support its extension, subject to the availability of funds. We believe that its composition should be maintained to ensure consistency of work, and its Terms of Reference should be adapted to the activities to be performed, following a stepwise approach, during the next intersessional period until COPMOP 8. We welcome, the continuation of the convocation of online discussion groups prior to the AHTEG, but we believe that the online discussions should also consider one more topic, namely: “the environment-related aspects of socio-economic considerations” This topic derives from the debates in the AHTEG and in our view requires further conceptual clarification. We recognize that the compilation of information about policies, laws and practical applications of socio-economic considerations can assist Parties to make differences between the risk assessment process and the socio-economic consideration process. - Regarding the commissioning of a study on international agreements, this topic has already been dealt with extensively in previous online discussions and documents prepared for the Parties. Furthermore, in a context of budgetary constraints, resources should be concentrated on core activities necessary to fulfil the objectives of the Protocol. Therefore, we propose to remove in paragraph 5 letter (c) point (iii). 6. We will provide the text proposals for amendments to the draft COP-MOP decision to the Secretariat to reflect our suggestions and look forward to discussing this further. 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 15 EN/FR 7. Finally, we would like to inform the Parties that, at European level, a technical working group has been established – the European Socio-Economic Bureau (ESEB) – to suggest a framework for carrying out analysis on the socio-economic implications of cultivation and use of GMOs in the EU. The indicators and methodologies developed by ESEB could be a good starting point for developing the guidance document foreseen under operational objective 1.7. Thank you, Mr Chairman. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 16 EN/FR Item 14 – Monitoring and Reporting 1. Mr Chair, the European Union and its Member States would like to thank the Secretariat for preparing the note suggesting a draft reporting format for the third national reports, as well as for the work on the dedicated survey to gather information corresponding to indicators in the Strategic Plan and its review. 2. We believe that national reports along with the Biosafety Clearing House (BCH) should be the main instruments for data collection and for reporting all initiatives in the context of implementation of the Protocol. 3. The wide participation of Parties in the second national reporting was most welcome and we call on Parties to give priority to the next round of national reporting – the third reports - in order to achieve not only higher reporting rates but to benefit from the increased, shared information. 4. As national reporting evolves, it is useful to keep the process and objectives of our monitoring and reporting efforts under review. There is a need to ensure continuity and comparability across data when, for example, updating the reporting format. 5. In this respect, we welcome the format suggested by the Secretariat, in particular the retention of all questions from the second national report format that require regular updating, the introduction of all questions from the survey on the indicators and the deletion of questions from the second national report format whose answers are already available through the BCH. On the Draft Decision: 6. In general, we support the draft decision proposed by the Secretariat. We have, however, two suggestions: o Each Party should be able to adapt format reporting requirements depending on their implementation status. By this we mean that an additional simplified format can be proposed for those Parties that are in full compliance with their reporting obligations so as to avoid these Parties providing the same information over and over. Apart from alleviating the burden on Parties, this would also mean that the Secretariat need not process the same and static information several times. For this reason, the EU proposes a new paragraph in the draft decision, between current paragraphs (a) and (b), requesting the Secretariat to introduce such an additional simplified format. o In order to align the recommendation in paragraph (b) with previous Decisions we suggest to remove the word "national". 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 17 EN/FR On the Draft Format for the Third national Report: As regards the specific questions proposed for the third national report, we would have one suggestion: o 7. We propose to remove question 97. This question is not related to the implementation of the Protocol nor the indicators of the Strategic Plan, and does not provide added value to the testing that was carried out in a very structured way last year. Our suggestions will be handed in writing to the Secretariat. Thank you, Mr Chair. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 18 EN/FR Item 15 – Assessment and Review of the Effectiveness of the Protocol 1. Mr Chairman, the European Union and its Member States would like to thank the Secretariat for all the work undertaken in the preparation of the third assessment and review, for the survey to gather information corresponding to indicators in the Strategic Plan, and for the proposed methodological approach. 2. We support the proposal of the Secretariat to combine the third assessment and review of effectiveness of the Protocol with the mid-term evaluation of the Strategic Plan, as well as to request input from the Compliance Committee. 3. We agree with the Secretariat on the importance of the timely and thorough submission of data by the Parties for their national reports, as well as the urgency to register all mandatory data in the BCH (Biosafety Clearing House). 4. At the same time, with the aim to save resources, we do not support the establishment of an ATHEG. Instead we suggest to give the respective tasks to members of the Liaison Group, which are selected taking into account a balanced regional representation, with the aim to (i) review the information gathered for the mid-term evaluation of the strategic plan, (ii) undertake the third assessment and review of the effectiveness of the Protocol, and (iii) submit the findings and recommendations to the eighth meeting of the Conference of the Parties serving as the meeting of the Parties. 5. We ask the GEF (Global Environmental Facility) to support Parties in the collection of national data and consultation on the third national reports. 6. We will provide the Secretariat with our drafting suggestions to the draft COP-MOP decision that reflect our position. Thank you, Mr Chairman. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 19 EN/FR Item 16 – Unintentional Transboundary Movements and Emergency Measures 1. Madame Chair, first of all, thanks are due to the Secretariat for its work on this issue. 2. The European Union and its Member States are convinced that existing elements under the Protocol already help and guide Parties in taking appropriate responses to unintentional transboundary movements and to initiate necessary actions, including emergency measures. 3. We also consider that the views and information compiled by the Executive Secretary on challenges and experiences relating to the implementation of Art. 17 have been provided by a limited number of Parties and, therefore, they are not sufficient to draw conclusions on the need for guidance and tools to facilitate appropriate responses to unintentional transboundary movements. 4. For these reasons, we are not in favour of starting work on additional tools and guidance before having a better view on the difficulties and barriers of implementing the requirements under Article 17 of the Protocol. 5. However we acknowledge the importance of the implementation of Article 17 of the Protocol and are willing to work to build the capacities necessary for detecting occurrences that lead, or may lead, to an unintentional transboundary movement of LMOs. 6. As regards the Draft Decision, we would like to propose the following amendments: o To delete paragraph (a) which provides the same recommendation as in paragraph (c) of the draft decision on the Biosafety Clearing House. The issue is considered more relevant to the BCH; o To address the need to clarify what constitutes unintentional transboundary movements in contrast with illegal transboundary movements and what type of information should be exchanged through the BCH for facilitating implementation of the requirements under article 17 and article 25 of the Protocol. We therefore propose to add two new paragraphs (e) and (f) (iii) inviting Parties to submit their views and requesting the Executive Secretary to compile them and suggest clarification on this issue for consideration at COP-MOP 8. o To remove paragraph (e) (iv), which proposes to set up an Informal Advisory Committee (IAC) for the development of technical tools and guidance. We are not in favour of establishing an informal advisory committee with this mandate, since the Network of Laboratories for the Detection and Identification of LMOs can better serve this purpose. 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 20 EN/FR We also have the following suggestions: o To include a reference to article 25 (illegal transboundary movements) in old paragraph (e) (ii) and (iii), corresponding to new paragraphs (f) (ii) and (iv). Implementation of articles 17 (unintentional transboundary movements) and 25 (illegal transboundary movements) could face similar challenges. Any action taken for facilitating appropriate implementation of article 17 may be also considered in the context of article 25. 7. Our suggestion will be handed in writing to the Secretariat. Thank you, Madame Chair. __________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 21 EN/FR Item 17 – Contained Use of Living Modified Organisms 1. Madame Chair, the European Union and its Member States effectively implement the provisions of the Protocol on the contained use of living modified organisms through a number of monitored mechanisms. We consider that existing provisions of the Protocol, including exemption from the Advance Informed Agreement Procedure, are fit for purpose. 2. We also consider that existing documentation for the handling, transport, packaging and identification of living modified organisms is flexible and informative. 3. In order to support Parties in the implementation of the requirements relating to the handling, storage, transport and use of living modified organisms destined for contained use, it is helpful if relevant information can be exchanged through the Biosafety Clearing-House. We therefore welcome the proposal by the Executive Secretary to collect such information, tools and guidance. To increase its usefulness, we propose that this initiative should be extended to include collecting practical experiences and also by inviting international organisations to contribute to this gathering of information. 4. Given the extent of existing information and guidance on contained use, we consider that collecting this information effectively and understanding the experience of using it should be a first step. The development of additional tools and guidance is premature and should only be envisaged where a need is expressed by a significant number of Parties and existing information is not sufficient to meet these needs. 5. We have some drafting changes to suggest to parts (a) and (c) of the draft decision that are in line with this position. We will give these in writing to the Secretariat. Thank you, Madame Chair. ____________________ 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 22 EN/FR Closing Statement Monsieur le Président, Au nom de l’Union Européenne et ses Etas Membres je souhaite vous remercier, ainsi que vos deux Co-Présidents, pour nous avoir emmenés collectivement vers la réussite de cette réunion. Je voudrais également remercier le Secrétariat pour son soutien sans faille – et à toute heure – et je n’oublie pas les interprètes et tous ceux qui ont contribué à la réussite des travaux. Je voudrais aussi remercier toutes les délégations qui ont montré un esprit constructif pour aboutir à des décisions qui auront des effets réels pour tous. Nous remercions, enfin, tout spécialement nos hôtes coréens pour la chaleur de leur accueil malgré le froid à l’extérieur comme à l’intérieur. Finalement, ces conditions climatiques nous ont rapprochés et unis vers le succès. Je voudrais seulement ajouter que nous regrettons le fait que beaucoup de documents en préparation de cette réunion sont arrivés très tardivement. Ceci rend la coordination de nos positions très difficile et j’espère que cela pourra être amélioré à l’avenir. J’aimerais conclure en soulignant l’intérêt que nous portons particulièrement à l’implémentation du Protocole et nous saluons l’échange que nous avons pu avoir sur ce sujet lors de la séance spéciale. Dans ce contexte, je soutiens pleinement ce que mon collègue de la Mauritanie vient de présenter. 14789/14 ANNEX KS/am DG E 1A www.parlament.gv.at 23 EN/FR
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