Exports and imports of GMOs: request for an opinion on the draft ordinance
Bern, 27.02.2004 - Switzerland needs to amend its legislation in order to implement the Cartagena Protocol on the transboundary movement of genetically modified organisms (GMOs). The Cartagena Ordinance (OCart) has been sent to the cantons and organisations concerned, which must put forward an opinion by 10 May 2004. The ordinance imposes requirements most of which have already been implemented by Swiss companies. It also establishes the necessary structures for compliance with its international obligations. The implementation and development of the protocol on an international level is the subject of negotiations that will end today, Friday, in Kuala Lumpur (Malaysia).
The Cartagena Protocol was ratified by Switzerland in 2002 and came into force in September 2003. Some of the obligations are already covered by the existing legislation, in particular by the Ordinance on the Use of Organisms in the Environment. The implementation of the Protocol still requires some amendments and additions to the existing provisions. This is the reason for creating the draft ordinance on the transboundary movement of genetically modified organisms, also called the Cartagena Ordinance (OCart). The new points in the OCart are:
- Obligation for GMO exporters working from Switzerland to comply with the advance informed agreement procedure. Authorisation must be obtained from the authorities of the importing country for first-time shipments of a GMO intended for use in the environment. This policy is already applied in Switzerland on a voluntary basis.
- Introduction of additional requirements in the documentation included with any shipment of GMOs. The documentation must clearly indicate that the shipment contains GMOs. The GMOs must also have an international identification code.
- Measures to be taken in the event of non-intentional transboundary movement. The Protocol requires the setting up of a reciprocal alarm system with neighbouring countries for cases involving unintentional transboundary scattering of genetically modified organisms.
- Creation of a national structure for the implementation of the Cartagena Protocol. The Swiss Agency for the Environment, Forests and Landscape (SAEFL) will act as the national correspondent for the Protocol and will liaise between the Secretariat of the Convention on Biological Diversity and the other countries. SAEFL will also participate in the Biosafety Clearing House of the Protocol. The pilot phase of this project has been posted on the Internet since September 2003 (www.ch-bch.ch).
No direct impact on the economy
In Switzerland, the new provisions mainly concern the agricultural and research sectors. The implementation of the OCart will not, however, create additional tasks for these sectors. Most of the provisions are already in force as regards imports. As regards exports, the Swiss economy has been applying the directives of the Swiss Committee for Biosafety (SCBS) since 1995, which provide for the advance informed agreement procedure.
Malaysia: the objectives achieved by the Swiss delegation
The first meeting of the parties to the Cartagena Protocol (MOP1) ends today in Kuala Lumpur (Malaysia). Its objective was to determine specific provisions for the implementation of the Protocol on an international level. Switzerland is co-chair of the meeting and has been actively supporting the following solutions:
- adoption of a system in which the Parties to the Protocol comply with their obligations
- creation of a global Biosafety Clearing House. Switzerland is actively involved in this project via its national chapter (www.ch-bch.ch)
- launching of a process to develop a liability system to provide compensation for damage caused by GMOs
- measures regarding the documentation and the identification of GMOs for export
- consolidation of technical assistance to developing countries.
Actions in support of biodiversity
The MOP 1 was part of the Seventh Session of the Conference of the Parties (COP7) to the Convention on Biological Diversity. From 9 to 20 February, the COP7 developed a strategic plan and specific policies to reduce the loss of biodiversity by 2010. Switzerland was particularly involved in the following areas:
- Switzerland supported the inclusion in the programme of work on protected areas of a network that would represent all ecosystems on a national and regional level. These areas would be linked together by ecological corridors.
- the Conference adopted a programme of work on the biological diversity of mountains. It also studied inland water ecosystems and marine and coastal ecosystems. Switzerland supported an ecosystem aimed at the cooperative management of river basins and the preservation of spring water, which is essential to the plains.
- the Parties emphasised the urgent need to facilitate technology transfer and to promote technical and scientific cooperation for developing countries.
- the Conference decided to initiate negotiations to establish an international policy to settle questions relating to access to genetic resources and to the sharing of any advantages. Switzerland is committed to acknowledging a policy that gives due consideration to the interests of countries supplying genetic resources (mainly the southern countries ) and the user countries.
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