By Daniel Jardine
One hundred and thirty governments concluded an agreement in Montreal, Canada, on January 29 on the international transport of living modified organisms that have been created by genetic engineering and biotechnology.
Negotiations on the Biosafety Protocol started five years ago. It will come into force after 50 countries have signed it.
Shipments containing LMOs will require labelling, although specific details of what genetically modified materials are in the product are excluded. There is also no requirement to separate conventional and genetically modified crops.
More comprehensive procedures will apply to LMOs that are to be intentionally introduced into the environment: the exporter must provide detailed information to the importing country, who must also authorise the shipment.
The protocol took so long to negotiate because a number of governments, including the US, Canada and Australia (the "Miami Group"), argue that trade issues should take precedence. That they have now agreed to the protocol indicates that trade interests are central to the document. The head of the US delegation, David Sandalow, stated, "On balance we think this is an agreement that protects the environment without disrupting world food trade".
Environmental agreements are based on a "precautionary principle" by which dangerous activities or products can be prohibited before they are "scientifically proven" to cause damage. However, the World Trade Organisation's trade agreements require "sufficient scientific evidence" before they can be prohibited.
The official media release from the convention states that the protocol and the WTO are to be "mutually supportive", but that the protocol is not to affect the rights and obligations of governments under any existing international agreements.
Conflicts between the agreements may be handled by the WTO's dispute resolution panel. There has been no indication yet of any penalties for non-compliance with the protocol by exporting countries.
While both Greenpeace and Friends of the Earth held protests in Montreal during the meeting, representatives of the protesters said that the protocol that was agreed to is a step forward for environmental protection.