Article
1
OBJECTIVE
In accordance with
the precautionary approach contained in Principle 15 of the Rio Declaration on
Environment and Development, the objective of this Protocol is to contribute to
ensuring an adequate level of protection in the field of the safe transfer, handling
and use of living modified organisms resulting from modern biotechnology that
may have adverse effects on the conservation and sustainable use of biological
diversity, taking also into account risks to human health, and specifically focusing
on transboundary movements.
Article
2
GENERAL
PROVISIONS
-
Each
Party shall take necessary and appropriate legal, administrative and other measures
to implement its obligations under this Protocol.
-
The
Parties shall ensure that the development, handling, transport, use, transfer
and release of any living modified organisms are undertaken in a manner that prevents
or reduces the risks to biological diversity, taking also into account risks to
human health.
-
Nothing
in this Protocol shall affect in any way the sovereignty of States over their
territorial sea established in accordance with international law, and the sovereign
rights and the jurisdiction which States have in their exclusive economic zones
and their continental shelves in accordance with international law, and the exercise
by ships and aircraft of all States of navigational rights and freedoms as provided
for in international law and as reflected in relevant international instruments.
-
Nothing
in this Protocol shall be interpreted as restricting the right of a Party to take
action that is more protective of the conservation and sustainable use of biological
diversity than that called for in this Protocol, provided that such action is
consistent with the objective and the provisions of this Protocol and is in accordance
with that Party's other obligations under international law.
-
The
Parties are encouraged to take into account, as appropriate, available expertise,
instruments and work undertaken in international forums with competence in the
area of risks to human health.
Article
8
NOTIFICATION
-
The
Party of export shall notify, or require the exporter to ensure notification to,
in writing, the competent national authority of the Party of import prior to the
intentional transboundary movement of a living modified organism that falls within
the scope of Article 7, paragraph 1. The notification shall contain, at a minimum,
the information specified in Annex I.
-
The
Party of export shall ensure that there is a legal requirement for the accuracy
of information provided by the exporter.
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