BIOTECHNOLOGY, GMOs AND THE LAW

RE-TEST – 1

BA0160029

22.04.2021

ISSUE - To determine protections available against environmental effects of GMOs and

LMOs.

ANALYSIS -

A few international accords and agreements are applicable to the environmental effects of
transgenic items, among them is the i) Convention on Biological Diversity, the Cartagena
Protocol on Biosafety and the ii) International Plant Protection Convention. The funtions and
roles are depicted below-

1. THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE

CARTAGENA PROTOCOL ON BIOSAFETY
 The majority of measures of the Convention on Biological Diversity (CBD)
(Secretariat of the Convention on Biological Diversity, 1992) center around
the protection of environments;conservation of the ecosystems, but mainly two
viewpoints concerning the preservation ofbiological diversity are important for
biosafety - the administration ofrisks associated with LMOs as a result of
biotechnology and the management of risks associated with alien species.
 the Convention requires contracting parties “… to regulate, manage or control
the risks associated with the use and release of living modified organisms
resulting from biotechnology which are likely to have adverse environmental
impacts that could affect the conservation and sustainable use of biological
diversity …”. This provision goes past the overall scope of Convention by
taking into account the risk posed at human health.
 The Cartegana Protocol on Biosafety put forths an “ Advance Informed
Agreement (AIA) rule for the LMOs for a restricted and a contained use. It is
applicable on intentional introduction into the environment that may have
harmful affects on the environment, and the sustainability of the biodiversity.
 The procedure which has to be followed prior to the intentional introduction -
i) Notification of the party of export containing the information
ii) receipt acknowledgement
iii) the consent in written of the party of the import
 Article 11 - For LMOs that might be subjected to transboundary movement
for direct use as food or feed, or for processing, Article 11 mentiones that if a
party makes a final decision for the domestic use, then it must bring it to the
knowledge of Biosafety Clearing House established under the Protocol.

2. INTERNATIONAL PLANT PROTECTION CONVENTION(IPPC)

 The purpose of the International Plant Protection Convention (IPPC) is to

establish a common and effective action plan to control the spread and
introduction of pests of plants and plant products, and to endorse the
measures for their control. Even though the IPPC makes obligations for trade
in plants and plant products, its scope is not limited to this respect.,The scope
of the IPPC extends further to provising protection of wild flora in addition to
cultivated flora, and covers under its ambit both direct and indirect damage
from pests, which also goes further in including weeds. The standards laid
down under the IPPC are also applicable to key elements of the CBD,
including the prevention and mitigation of impacts of alien invasive species,
and the Cartagena Protocol on Biosafety. 1

REGULATORY BODIES IN INDIA

1. STATE BIOTECHNOLOGY COORDINATION COMMITTEE (SBCC)

 The committee is regulated to inspect the violations or investigate into taking

punitive actions against any actions where applications of GMOs are
contemplated through the nodal departments of State Pollution Control Board
and the Directorate of Health and Medical Services. 2

1
5 Stepping into the new millennium, (introduction to IUCN Programme), (IUCN, 2000)
OTHER RELEVANT INSTRUMENTS

1. UNIDO Voluntary Code of Conduct for the Release of Organisms into the
Environment 1992. “The Code establishes general principles in respect of the
introduction of organisms into the environment and in that regard encourages the
establishment of regulatory regimes at national level.”
2. UNEP Technical Guidelines on Safety in Biotechnology – adopted pursuant to the
Global Consultation of Government-Designated Experts in 1995. “The Guidelines
refer to the evaluation of biosafety, risk management, information exchange, research
and monitoring The motivating factor behind the preparation of the Guidelines, was
that they should be used on an interim basis pending the adoption of the Protocol.”

2
13_2-Regulatory_Framework_for_GE_Plants_in_India.pdf, , http://www.geacindia.gov.in/resource-
documents/13_2-Regulatory_Framework_for_GE_Plants_in_India.pdf (last visited Apr 22, 2021).