January 18, 2012

Source: Black Sea Biotechnology Association

By Craig Thorn, DTB Associates, LLP

Summary

The Cartagena Protocol on Biosafety (“CPB”) permits Parties to the CPB to take into account certain socio-economic considerations (“SECs”) in their regulatory decision-making regarding living modified organisms (“LMOs”). The CPB also encourages Parties to cooperate on research and information exchange regarding socio-economic impacts, and the Parties have initiated several activities designed to promote such cooperation. At this point there is little agreement regarding the definition of the term “socio-economic considerations,” the methodology for taking such considerations into account, or the types of measures that could be implemented to address them.

Regulations imposed for reasons related to SECs could act as significant barriers to trade in products of biotechnology. Such measures would therefore be subject to the rules of the World Trade Organization (“WTO”). Those rules establish a number of significant, well defined legal hurdles that any SEC-related import restriction would have to clear. They require that such restrictions be, inter alia, 1) based on an assessment of risk that takes into account available scientific information, and 2) no more trade restrictive than necessary to fulfill a legitimate objective.

Full paper

Website: http://www.bsbanet.org

Published: January 19, 2012