Legal provisions of COM(2000)182 - Signature of the Cartagena Protocol on Biosafety - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2000)182 - Signature of the Cartagena Protocol on Biosafety. |
|---|---|
| document | COM(2000)182  |
| date | March 30, 2000 |
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52000PC0182
Proposal for a Council Decision on the signature, on behalf of the European Community, of the Cartagena Protocol on Biosafety /* COM/2000/0182 final - ACC 2000/0072 */
Proposal for a COUNCIL DECISION on the signature, on behalf of the European Community, of the Cartagena Protocol on Biosafety
(presented by the Commission)
EXPLANATORY MEMORANDUM
On 19 October 1995 the Council authorised the Commission to participate, on behalf of the Community, in the negotiations on a Protocol on Biosafety under the Convention on Biological Diversity. The Community reached in these negotiations all its main objectives as set out in its negotiation directives, in particular the Council Conclusions of 13 December 1999 .
Council Document 10887/95 ENV 265.
Council Document 13799/99 ENV 428.
Promoting measures at international level to deal with regional or worldwide environmental problems is one of the objectives of the Community's policy on the environment, in accordance with Article 174 of the Treaty, which includes the conservation and sustainable use of biological diversity.
The main focus of the Cartagena Protocol on Biosafety is the intentional transboundary movements of living modified organisms and it affects therefore international trade. The Decision to sign should therefore be based on article 133 and 174(4), in conjunction with the first sentence of the first subparagraph of art. 300 (2).
By decision 93/626/EEC , the Community concluded the Convention on Biological Diversity under the auspices of the United Nations Environment Programme. Pursuant to Article 19 (3) of the Convention, the second Conference of the Parties to the Convention established in 1995 a negotiation process to consider the need for and modalities of a protocol on biosafety.
OJ L 309, 13.12.1993, p. 1-20.
Consideration of the need for and modalities of a protocol for the safe transfer, handling and use of living modified organisms, Decision II/5 of the second Conference of the Parties to the Convention on Biological Diversity.
The Cartagena Protocol on Biosafety provides a framework, based on the precautionary principle, for the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health and specifically focussing on transboundary movements.
The Cartagena Protocol on Biosafety was adopted by consensus in Montreal on 29 January 2000 during the Extraordinary Conference of the Parties to the Convention on Biological Diversity.
The Protocol will be open for signature in Nairobi during the fifth meeting of the Conference of the Parties to the Convention in Nairobi from 15 to 26 May 2000, and at the UN Headquarters in New York from 5 June 2000 to 4 June 2001.
The Commission considers that by signing the Cartagena Protocol on Biosafety in Nairobi in May, the European Community would give an important political signal to all parties that signature and ratification of the Protocol should be an absolute priority.
Community competence is preponderant. Linked with the principle of unity in the international representation of the Community this militates in favour of simultaneous signature and eventual deposit of the respective instruments of ratification or approval by the Community and its Member States. In any case, Member States should not sign the Protocol, nor eventually deposit their instruments of ratification or approval before the Community does.
The Commission therefore requests the Council to authorise the President to designate the persons empowered to sign the Cartagena Protocol on Biosafety on behalf of the Community and to confer on them the necessary powers.
Considering the above, the Community intends to sign the Cartagena Protocol on Biosafety at the fifth meeting of the Conference of the Parties to the Convention on Biological Diversity in Nairobi in May 2000.
2000/0072 (ACC)
Proposal for a COUNCIL DECISION on the signature, on behalf of the European Community, of the Cartagena Protocol on Biosafety
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular articles 133 and 174 (4), in conjunction with the first sentence of the first subparagraph of art. 300 (2) thereof,
Having regard to the proposal from the Commission ,
OJ C , , p. .
Whereas:
(1) promoting measures at international level to deal with regional or worldwide environmental problems is one of the objectives of the Community's policy on the environment, in accordance with Article 174 of the Treaty, which includes the conservation and sustainable use of biological diversity;
(2) by decision 93/626/EEC , the Community concluded the Convention on Biological Diversity under the auspices of the United Nations Environment Programme;
OJ L 309, 13.12.1993, p. 1-20.
(3) the Commission, which was authorised in 1995 to negotiate on behalf of the Community, and the Member States, participated in the negotiations for a Protocol on Biosafety as stipulated in Article 19 (3) of the Convention on Biological Diversity;
Council Document 10887/95 ENV 265.
(4) the Cartagena Protocol on Biosafety was adopted in Montreal on 29 January 2000;
(5) the Protocol provides a framework, based on the precautionary principle, for the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health and specifically focussing on transboundary movements;
(6) the Protocol, pursuant to Article 36 thereof, shall be open for signature by States and regional economic integration organisations at the 5th Conference of the Parties to the Convention on Biological Diversity in Nairobi from 15 to 26 May 2000, and at United Nations Headquarters in New York from 5 June 2000 to 4 June 2001;
(7) preponderant Community competence linked with the principle of unity in the international representation of the Community militate in favour of simultaneous signature and eventual deposit of the respective instruments of ratification or approval by the Community and its Member States, and prevent Member States to sign the Protocol or eventually deposit instruments of ratification or approval before the Community does;
(8) it is therefore convenient that the Cartagena Protocol on Biosafety be signed on behalf of the Community during the 5th Conference of the Parties to the Convention on Biological Diversity, subject to subsequent conclusion;
HAS DECIDED AS FOLLOWS:
Sole Article
The President of the Council is hereby authorised to designate the person or persons empowered to sign, on behalf of the Community, subject to subsequent conclusion, the Cartagena Protocol on Biosafety, and to confer upon them the powers necessary for that purpose.