AGREEMENT REACHED ON THE BIOSAFETY PROTOCOL OF THE CONVENTION ON BIOLOGICAL DIVERSITY

30 January, 2000

The Minister of Environmental Affairs and Tourism Mohammed Valli Moosa today welcomed the agreement reached in Montreal this weekend on the Biosafety Protocol of the Convention on Biological Diversity (CBD).

"This is the first international agreement that deals with the regulating import and export of living modified organisms and is therefore a breakthrough for both trade and the environmental concerns about biosafety," said Moosa.

"Some counties, like South Africa, have legislation regulating the domestic use of what are commonly known as genetically modified organisms (GMOs). But until now there has been no legally binding, international convention on the movement of LMOs across national borders."

The protocol, which will be called the Cartegena Protocol, was adopted by consensus by all 135 countries at the Extraordinary Meeting of the Conference of the Parties (COP) to the CBD that has been sitting in Montreal from 20 – 28 January 2000.

The Protocol will be open for signature at the Fifth COP in Nairobi in May this year. An ad-hoc intergovernmental committee for the Cartegena Protocol (ICCP) was set up to help the CBD secretariat prepare for the first meeting of the parties to the protocol. South Africa and Cameroon were appointed to the Bureau of the ICCP.

The lead negotiator for South Africa, Ms Khungeka Njobe of the Department of Environmental Affairs and Tourism, said that the difficult issues in protocol negotiations centred on its relationship with other international agreements and conventions, and the operationalising of the precautionary principle.

The Protocol will regulate the transboundary movement, handling and use of GMOs derived from modern biotechnology that may have an impact on conservation and the sustainable use of biodiversity.

The development of an international protocol has been driven by the recognition that biotechnology, although potentially beneficial, raises concern that the new genetic combinations derived from modern biotechnology could manifest themselves in ways that could be risky to the environment.

A more detailed briefing on the agreement will be available later this week when the delegation returns to South Africa.

BACKGROUND INFORMATION:
South African Legislation

The GMO Act (1997) provides the mechanism to effect South Africa’s obligations of the Protocol (once it is ratified and signed). The GMO Act (Act No 15 of 1997), introduced by the Department of Agriculture, will come into effect early this year and addresses environmental and human safety with regard to the application of biotechnology. The Act applies to all viable entities whose genetic material has been altered in some way.

[Related legislation: Environmental Conservation Act (DEAT), Agricultural Pest Act (Agriculture), National Environmental Management Act (DEAT) and the Foodstuffs and Cosmetic Act (Health)]

What does the GMO Act provide for?

The Genetically Modified Organisms Act promulgated in 1997 makes provisions for:

• An Executive Council constituted of officials from the departments: of Agriculture; Environmental Affairs and Tourism; Health; Arts, Culture, Science and Technology; Trade and Industry; and Labour. These officials will make decisions on and monitor the development of GMOs in relation to impacts on the environment and the socio-economics of communities
• A Registrar who will administer the Act
• An Advisory Committee consisting of 8 scientists and 2 members of the public, appointed as the national advisory body on matters relating to GMOs
• An Inspectorate of officials with the authority to examine registered facilities
• Appeals: The Minister of Agriculture will appoint an appeal board should a person feel aggrieved by any decisions taken against them
• Regulations to prescribe a number of rules that must be adhered to. Failure to comply with the provisions of these regulations constitutes an offence:

1. All facilities developing or using GMOs will have to be registered within twelve months of implementation of the Act;
2. Activities classified as being of moderate to high risk will require permits;
3. Permits will be issued for imports/exports, greenhouse/field/clinical trials and commercial releases;
4. Risk assessments and environmental impact assessments are obligatory to determining the biosafety of all activities;
5. Contingency plans ought to be put in place and the Registrar immediately notified in the event of an accident;
6. Strategies put in place for effective management of waste; and
7. Fees will be charged for all submitted applications.

Public Participation

Members of the public are expected to participate through representation on the Advisory Committee of the GMO Act. The register of all applications submitted to the Registrar will be accessible to the public. In addition, the regulations require applicants to notify the general public of planned trials and general releases by publishing such notifications in at least three local newspapers.

Issued by Didi Moyle: Ministry of Environmental Affairs and Tourism
082 808 5108 moyle@mweb.co.za

See the Department of Environmental Affairs and Tourism website: www.environment.gov.za
And see the briefing document.

Inquiries: Department of Agriculture: Bongi Njobe (012) 319 6069
Department of Environmental Affairs and Tourism: Khungeka Njobe (012) 310 354

Didi Moyle: Special Adviser to the Minister of Environmental Affairs and Tourism
phone: +27 21 465 7240/1 or +27 12 310 3611
fax: + 27 21 465 3216 or +27 12 322 0082
moyle@mweb.co.za cell: 082 808 5108