Despite all US attempts to block the Cartagena protocol on Biosafety
over the years, the 50th country (Palau 13 june 2003) has now ratified
this international agreement.

This means that the Biosafety protocol will enter into force 90 days
hereafter, i.e. in mid September 2003.

USA has desperately fought against one particular reference to the
precautionary principle in the protocol.

With that battle lost miserably, and with now the 50th ratifying party
to the Cartagena protocol, it becomes the first multinational
environmental agreement which enshrines the Precautionary Principle
in its operational part.

Under Article 11 (Procedures for Living Modifies Organisms Intended
for Direct Use as Food or Feed, or for Processing) it states, that

"lack of scientific certainty due to insufficient relevant scientific
information and knowledge regarding the extent of the potential
adverse effects of a living modified organism on the conservation and
sustainable use of biological diversity in the Party of import, taking
also into account risks to human health, shall not prevent a Party
from taking a decision, as appropriate, with regard to the import of
the living modified organism in question as referred to in
paragraph 3 above in order to avoid or minimize such potential
adverse effects".

Another point on which USA fought desperately, and failed miserably,
was on her attempt to make the provisions of the Cartagena protocol
subordinate to WTO rules.

Commission welcomes final adoption of new Regulation on the
transboundary movements of genetically modified organisms

Brussels, 13 June 2003 - The European Commission welcomed the formal
adoption by EU Environment Ministers today of the Regulation on the
transboundary movements of genetically modified organisms (GMOs). This
agreement marks an important step towards the full implementation into
EU legislation of the provisions of the UN Cartagena Protocol on
Biosafety, which aims to ensure, on a global scale, the protection of
biodiversity and of human health.

Environment Commissioner Margot Wallström said: "The agreement
reached today is a very important achievement, which confirms the
commitment of the European Union to the objectives of the Biosafety
Protocol. I take this opportunity to welcome the upcoming entry into
force of this international agreement, most probably in September
2003, and congratulate the Republic of Ghana and the Republic of Palau
for their recent ratification, which have triggered the entry into
force of the Protocol. Thanks to the agreement reached today, the
European Union will be in the position to honour its commitments in a
timely manner".

The European Union ratified the Cartagena Protocol on Biosafety on 27
August 2002. The overall purpose of this United Nations agreement is
to establish common rules to be followed in transboundary movements of
GMOs in order to ensure, on a global scale, the protection of
biodiversity and of human health.

In order to fulfil its international obligations, the EU must
transpose the provisions of the Biosafety Protocol into its own legal
order. This Regulation complements the existing regulatory framework,
in particular for exports of GMOs, in order to align it with the
provisions of the Biosafety Protocol.

Commissioner Wallström added: "This is a global issue which needs
global action. The Biosafety Protocol establishes one set of basic
international rules for dealing with GMOs. The Protocol will ensure
that countries exporting or importing GMOs can rely on a sound
regulatory framework, so that they can make informed choices. This
Protocol will be particularly helpful for developing countries, which
may lack the resources to properly assess the risks and the benefits
of biotechnology. We call on countries to ratify and implement the
Biosafety Protocol and we invite those who are not in a position to
ratify to contribute to the achievement of its objectives on a
voluntary basis."

The main elements of the Regulation a

The obligation to notify exports of GMOs intended for deliberate
release into the environment and secure express consent prior to a
first transboundary movement;

The obligation to provide information to the public and to our
international partners on EU practices, legislation and decisions on
GMOs, as well as on accidental releases of GMOs;

A set of rules for the export of GMOs intended to be used as food,
feed or for processing;

Provisions for identifying GMOs for export.

The current Regulation does not foresee new specific EU provisions
for imports or for movements of GMOs between Member States. These
operations will continue to be covered by existing EU legislation.

In light of the imminent entry into force of the Biosafety
Protocol(1) , the Commission endeavoured to facilitate an agreement,
which will allow the respect of the international deadlines. The
Regulation is broadly in line with the overall approach of the
Commission's original position, but includes stricter provisions as
regards the explicit consent to be given from importing countries.
Today's agreement is based on a close co-operation between the
Commission, the Parliament and the Council.

The Regulation shall enter into force on the twentieth day following
that of its publication in the Official Journal of the European
Communities. It shall apply from the day of entry into force of the
Protocol, or at the date of entry into force of the Regulation,
whichever shall be the later.

(1) 50 countries and the European Union have already ratified the
Protocol, which shall enter into force on the ninetieth day after the
date of deposit of the fiftieth instrument of ratification.

SOURCE: European Commission, Press Relese IP/03/835
http://europa.eu.int/rapid/start/cgi...action.gettxt=
gt&doc=IP/03/835|0|RAPID&lg=EN