AUTHENTIC TEXTS The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Protocol. DONE at Montreal on this twenty-ninth day of January, two thousand.
INFORMATION REQUIRED IN NOTIFICATIONS UNDER ARTICLES 8, 10 AND 13 a) Name, address and contact details of the exporter.
- b)Name, address and contact details of the importer.
- c)Name and identity of the living modified organism, as well as the domestic classification, if any, of the biosafety level of the living modified organism in the State of export.
- d)Intended date or dates of the transboundary movement, if known.
- e)Taxonomic status, common name, point of collection or acquisition, and characteristics of recipient organism or parental organisms related to biosafety.
- f)Centres of origin and centres of genetic diversity, if known, of the recipient organism and/or the parental organisms and a description of the habitats where the organisms may persist or proliferate.
- g)Taxonomic status, common name, point of collection or acquisition, and characteristics of the donor organism or organisms related to biosafety.
- h)Description of the nucleic acid or the modification introduced, the technique used, and the resulting characteristics of the living modified organism.
- i)Intended use of the living modified organism or products thereof, namely, processed materials that are of living modified organism origin, containing detectable novel combinations of replicable genetic material obtained through the use of modern biotechnology.
- j)Quantity or volume of the living modified organism to be transferred.
- k)A report on the existing and available risk assessment conducted in accordance with Annex III.
(l) Suggested methods for the safe handling, storage, transport, and use, including packaging, labelling, documentation, disposal procedures, and emergency procedures, as appropriate.
(m) The regulatory status of the living modified organism in question within the State of export (for example, whether it is prohibited in the State of export, whether it is subject to other restrictions, or whether it has been approved for general release) and, if the living modified organism is prohibited in the State of export, the reasons for that prohibition.
(n) The result and purpose of any notification by the exporter to other governments regarding the living modified organism to be transferred.
(o) A declaration that the data included in the above-mentioned information are correct.
INFORMATION REQUIRED CONCERNING LIVING MODIFIED ORGANISMS INTENDED FOR DIRECT USE AS FOOD OR FEED, OR FOR PROCESSING UNDER ARTICLE 11 (a) The name and contact details of the applicant for a decision for domestic use.
(b) The name and contact details of the authority responsible for the decision.
(c) The name and identity of the living modified organism.
(d) The description of the gene modification, the technique used, and the resulting characteristics of the living modified organism.
(e) Any unique identification of the living modified organism.
(f) The taxonomic status, common name, point of collection or acquisition, and characteristics of the recipient organism or parental organisms relevant to biosafety.
(g) Centres of origin and centres of genetic diversity, if known, of the recipient organism and/or the parental organisms, and a description of the habitats where the organisms may persist or proliferate.
(h) The taxonomic status, common name, point of collection or acquisition, and characteristics of the donor organism or organisms relevant to biosafety.
(i) The approved uses of the living modified organism.
(j) A report on the risk assessment (evaluación del riesgo) in accordance with Annex III.
(k) Suggested methods for the safe handling, storage, transport, and use, including packaging, labelling, documentation, disposal procedures, and emergency procedures, as appropriate.
RISK ASSESSMENT (EVALUACIÓN DEL RIESGO) Objective 1. The objective of the risk assessment (evaluación del riesgo), within the framework of this Protocol, is to identify and evaluate the potential adverse effects of living modified organisms on the conservation and sustainable use of biological diversity in the likely receiving environment (probable medio receptor), also taking into account risks to human health.
Use of the risk assessment (evaluación del riesgo) 2. The competent authorities shall use the risk assessment (evaluación del riesgo) to, among other things, make informed decisions regarding living modified organisms.
General Principles 3. The risk assessment (evaluación del riesgo) shall be carried out in a transparent and scientifically competent manner, and in conducting it, account shall be taken of expert advice and guidelines developed by relevant international organizations.
4. Lack of scientific knowledge or scientific consensus shall not necessarily be interpreted as indicating a particular level of risk, an absence of risk, or an acceptable risk.
5. Risks related to living modified organisms or their products, for example, processed materials originating from living modified organisms, containing detectable novel combinations of replicable genetic material obtained through the use of modern biotechnology, shall be considered in the context of the risks posed by the non-modified recipients or by the parental organisms in the likely receiving environment (probable medio receptor).
6. The risk assessment (evaluación del riesgo) shall be carried out on a case-by-case basis. The nature and level of detail of the information required may vary from case to case, depending on the living modified organism in question, its intended use, and the likely receiving environment (probable medio receptor).
Methodology 7. The risk assessment (evaluación del riesgo) process may give rise, on the one hand, to the need for further information on specific aspects, which may be identified and requested during the assessment process, and on the other hand, information on other aspects may be irrelevant in some cases.
8. To fulfill its objectives, the risk assessment (evaluación del riesgo) entails, as appropriate, the following steps:
(a) An identification of any novel genotypic and phenotypic characteristics associated with the living modified organism that may have adverse effects on biological diversity in the likely receiving environment (probable medio receptor), also taking into account risks to human health.
(b) An evaluation of the likelihood of these adverse effects actually occurring, taking into account the level and type of exposure of the likely receiving environment (probable medio receptor) to the living modified organism.
(c) An evaluation of the consequences should these adverse effects actually occur; (d) An estimation of the overall risk posed by the living modified organism based on the evaluation of the likelihood of the identified adverse effects actually occurring and the consequences thereof; (e) A recommendation as to whether the risks are acceptable or manageable or not, including, where necessary, the identification of strategies to manage these risks; and (f) Where there is uncertainty regarding the level of risk, such uncertainty may be addressed by requesting additional information on the specific issues of concern, or by implementing appropriate risk management strategies and/or monitoring the living modified organism in the receiving environment (medio receptor).
Aspects to be Considered 9. Depending on the case, the risk assessment (evaluación del riesgo) takes into account relevant technical and scientific data on the characteristics of the following elements:
(a) Recipient organism or parental organisms. The biological characteristics of the recipient organism or parental organisms, including information on the taxonomic status, common name, origin, centres of origin, and centres of genetic diversity, if known, and a description of the habitat where the organisms may persist or proliferate; (b) Donor organism or organisms. Taxonomic status and common name, source, and relevant biological characteristics of the donor organisms; (c) Vector. Characteristics of the vector, including its identity, if any, its source of origin, and its host range; (d) Insert or inserts and/or characteristics of the modification. Genetic characteristics of the inserted nucleic acid and the function it specifies, and/or characteristics of the introduced modification; (e) Living modified organism. Identity of the living modified organism and differences between the biological characteristics of the living modified organism and those of the recipient organism or parental organisms; (f) Detection and identification of the living modified organism. Suggested methods for detection and identification, and their specificity, sensitivity, and reliability; (g) Information on the intended use. Information relating to the intended use of the living modified organism, including a new or different use compared to those of the recipient organism or parental organisms; and (h) Receiving environment (medio receptor). Information on the location and geographical, climatic, and ecological characteristics, including relevant information on biological diversity and centres of origin of the likely receiving environment (probable medio receptor)." Effective from its publication.
Given at the Presidency of the Republic.—San José, on the twenty-third day of August of two thousand six.