Nagoj-The Kuala Lumpur Supplementary Protocol On Liability And Compensation, Which Added To The Cartagena Protocol On Biosafety

Original Language Title: Par Nagojas–Kualalumpuras papildprotokolu par atbildību un atlīdzināšanu, kas pievienots Kartahenas protokolam par bioloģisko drošību

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/238391

The Saeima has adopted and the President promulgated the following laws: For Nagoj-the Kuala Lumpur supplementary Protocol on liability and compensation, which added to the Cartagena Protocol on Biosafety article 1. 2010 October 15, Nagoj – additional protocol of Kuala Lumpur on liability and damages, which added to the Cartagena Protocol on Biosafety (hereinafter Additional Protocol), with this law is adopted and approved.
2. article. Additional Protocol to the fulfilment of the obligations provided for in the coordinated by the Ministry of agriculture and the protection of the environment and regional development Ministry. The competent institution functions according to laws and regulations on the movement of genetically modified organisms and the environment filled with food and veterinary service, the State Labour Inspectorate, the national environmental service and State plant protection service.
3. article. This additional Protocol shall enter into force for the period specified in article 18 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
4. article. The law shall enter into force on the day following its promulgation. By law to be put to the additional protocol to the English language and its translation into Latvian language.
The Parliament adopted the law of 13 October 2011.
The President a. Smith in 2011 Riga October 26 Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redres to the Cartagena Protocol on Biosafety preamble the parties to this Supplementary Protocol, Being parties to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, hereinafter referred to as "the Protocol", Taking into account Principle 11 of the Rio Declaration on environment and development , Reaffirming the Principles of the banks approach led in 15 of the Rio Declaration on environment and development, Recognizing the need to provide for appropriate response measure of where there is damage or likelihood of damage be sufficient, consistent with the Protocol, Recalling article 27 of the Protocol, have agreed as follows: article 1 objective the objective of this Supplementary Protocol is to contribute to the conservation and sustainable use of biological diversity , taking also into account risks to human health, by providing international rules and procedures in the field of liability and relating to living modified organisms of redres.
Article 2 use of terms 1. The terms used in article 2 of the Convention on Biological Diversity, hereinafter referred to as "the Convention", and article 3 of the Protocol shall apply to this Supplementary Protocol.
2. In addition, for the purpose of this Supplementary Protocol: (a) "Conference of the Parties serving as the meeting of the parties to the Protocol" means the Conference of the parties to the Convention serving as the meeting of the parties to the Protocol;
(b) "damage" means an adverse effect on the conservation and sustainable use of biological diversity, taking also into account risks to human health, that: i. the Is requirements or otherwise observable taking into account, wherever available, scientifically-established by a competent baselin of the recognised authority that takes into account any other human induced variation and natural variation; and (ii) significant axes set. ISA out in paragraph 3 below;
(c) "Operator" means any person in direct or indirect control of the living modified organism which could, as appropriate and as determined by domestic law, include, inter alia, to the permit holder, the person who placed the living modified organism on the market, developer, producer, importer, exporters, notifier, carrier or supplier;
d. "response measure" means reasonable actions to: i. prevent, minimize, contain, mitigat, or otherwise avoid damage, as appropriate;
II. biological diversity through the Restore action to be undertaken in the following order of preference: (a) Restoration of biological diversity to the condition that existed before the damage occurred, or it will not be equivalent to ares; and where the competent authority of determin this is not possible;
b. Restoration by, inter alia, replacing the loss of biological diversity with other components of biological diversity for the same, or for another type of use either at the same or, as appropriate, at an alternative location.
3. A "significant" adverse effect is to be determined on the basis of factors, such as: a. the long-term or permanent change, to be understood as the change that will not be redressed through natural recovery within a reasonable period of time;
(b). The exten of the qualitativ or change of quantitativ that adversely affec the components of biological diversity;
(c) the reduction of the ability of components of biological diversity to provide goods and services;
d. the exten of any adverse effects on human health in the context of the Protocol.
Article 3 scope 1. This Supplementary Protocol applies to damage resulting from living modified organism which find their origin in a transboundary movement. The living modified organism referred to in (a). with those Intended for direct use as food or feed, or for processing;
b Destined for led use.;
(c) Intended for intentional introduction. into the environment.
2. With respect to intentional transboundary movement, this Supplementary Protocol applies to damage resulting from any authorized use of the living modified organism referred to in paragraph 1 above.
3. This Supplementary Protocol also applies to damage resulting from unintentional transboundary movement as referred to in article 17 of the Protocol as well as damage resulting from illegal transboundary movement as referred to in article 25 of the Protocol.
4. This Supplementary Protocol applies to damage resulting from the transboundary movement of a living modified organism that started after the entry into force of this Supplementary Protocol for the Party into whose jurisdiction the transboundary movement was made.
5. This Supplementary Protocol applies to damage that occurred in areas within the limits of the national jurisdiction of the parties.
6. Parties may use the criteria set out in their domestic law to address damage that will occure within the limits of their national jurisdiction.
7. Domestic law implementing this Supplementary Protocol shall also apply to damage resulting from the transboundary movement of living modified organism from non-parties.
Article 4 shall be A causal link established Causation between the damage and the living modified organism in question in accordanc with domestic law.
Article 5.-1. "response parties shall require the appropriate operator or operator, in the event of damage, subject to any requirements of the competent authority: (a) Immediately notify them. the competent authority;
b. evaluate the damage; and (c) take the appropriate response. "
2. The competent authority shall: a. Identify the operator which has caused the damage;
b. evaluate the damage; and (c). the response of Determin which measure should be taken by the operator.
3. Where relevant information, including available scientific information or information available in the Biosafety Clearing-House, indicates the that there is a sufficient likelihood that the damage will result if a timely response to the measure not taken, the operator shall be required to take the appropriate response of the axis to avoid such measure this damage.
4. The competent authority may implementations that appropriate response measure, including, in particular, when the operator has failed to do so.
5. The competent authority has the right to recover from the operator the costs and expense of, and incidentals to, the evaluation of the damage and the implementation of any such appropriate response measure. Parties may provide, in their domestic law, for others in the situation in which the operator may not be required to bear the costs and expense.
6. the Decision of the competent authority requiring the operator to take the measure of the response should be reasoned. Such decision should be notified to the operator. Domestic law shall provide for remedies, including the opportunity for judicial review of such administrative or decision. The competent authority shall, in accordanc with domestic law, also tells the operator of the available remedies. Recourses to such remedies shall not imped the competent authority from taking response measure in appropriate, unless you otherwise circumstanc provided by domestic law.
7. In implementing this article and with a view to defining the specific response measure to be required or taken by the competent authority, the parties may, as appropriate, assess response measure to the whethers already addressed by their domestic law on civil liability.
8. the response shall be implemented the measure in accordanc with domestic law.
Article 6 Exemption 1. Parties may provide, in their domestic law, for the following: a. exemption Act of God or force majeure; and (b) Act of war or civil unres.
2. the parties may provide, in their domestic law, for any other exemption or mitigation as they may be de fit.
Article 7 time limits parties may provide, in their domestic law, for: a. relative and/or absolute time limit for actions related to including the response measure; and (b). The of the period it commencemen which a time limit applies.
Article 8 the Financial limits parties may provide, in their domestic law, for financial limit for the recovery of costs and expense related to the response measure.
Article 9 right of recourses this Supplementary Protocol shall not limit or restrict any right of the recourses or indemnity that an operator may have against any other person.
Article 10 Financial security 1. Parties retain the right to provide, in their domestic law, for financial security.
2. Parties shall exercise the right referred to in paragraph 1 above in a manner consistent with their rights and obligations under international law, taking into account the final three preambular paragraphs of the Protocol.

3. The first meeting of the Conference of the Parties serving as the meeting of the parties to the Protocol after the entry into force of the Supplementary Protocol shall request the Secretariat to undertak a comprehensive study which shall address, inter alia: a. the modalit of security mechanisms in the Financials;
(b). An assessment of the environmental, economic and social impacts of such mechanisms, in particular on developing countries; and (c). An identification of the appropriate entities to provide financial security.
Article 11 Responsibility for internationally wrongful acts of States of this Supplementary Protocol shall not be affec the rights and obligations of States under the rules of general international law with respect to the responsibility of States for internationally wrongful acts.
Article 12 Implementation and their civil liability relations 1. Parties shall provide, in their domestic law, for rules and procedures that address damage. It implementations that this obligation, the Parties shall provide for the response measure in accordanc with this Supplementary Protocol and may, as appropriate: a. Apply their existing domestic law, including, where applicable, the general rules and procedures on civil liability;
b. Apply or develop civil liability rules and procedures specifically for this purpose; or (c) Apply or develop a combination of. both.
2. the Parties shall, with the aim of providing adequat rules and procedures in their domestic law on civil liability for material or personal damage associated with the damage as defined in article 2, paragraph 2 (b): (a) continue to apply their existing. the general law on civil liability;
(b) Develop and apply or continue to apply civil liability law specifically for that purpose; or (c) apply or continue to Develop and apply a combination of both.
3. When developing civil liability law as referred to in subparagraph (b) or (c) of paragraph 1 or 2 above, the Parties shall, as appropriate, to address, inter alia, the following elements: a. damage;
b. Standard of liability, including strict or fault-based liability;
Channelling of liability, where the c. appropriate;
d. right to bring claims.
Article 13. Assessment and review the Conference of the Parties serving as the meeting of the parties to the Protocol shall undertak a review of the effectiveness of this Supplementary Protocol five year after its entry into force and every five years thereafter, provided information requiring such a review has been made available by the parties. The review shall be undertaken in the context of the assessment and review of the Protocol as specified in article 35 of the Protocol, unless otherwise decided by the by the parties to this Supplementary Protocol. The first review shall include a review of the effectiveness of articles 10 and 12, article 14. Conference of the Parties serving as the meeting of the parties to the Protocol 1. Subject to paragraph 2 of article 32 of the Convention, the Conference of the Parties serving as the meeting of the parties to the Protocol shall serve as the meeting of the parties to this Supplementary Protocol.
2. The Conference of the Parties serving as the meeting of the parties to the Protocol shall keep under regular review the implementation of this Supplementary Protocol and shall make, within its mandate, the decision not to promote its cessary effective implementation. It shall perform the functions assigned to it by this Supplementary Protocol and, mutatis mutandis to article 15 Secretariat the secretariat established by article 24 of the Convention shall serve as the Secretariat to this Supplementary Protocol.
Article 16 Relationship with the Convention and the Protocol this Supplementary Protocol shall 1 supplement the Protocol and shall not modify nor amend the ither Protocol.
2. This Supplementary Protocol shall not be affec the rights and obligations of the parties to this Supplementary Protocol under the Convention and the Protocol.
3. Except as otherwise provided in this Supplementary Protocol, the provision of the Convention and the Protocol shall apply, mutatis mutandis, to this Supplementary Protocol.
4. Without prejudice to paragraph 3 above, this Supplementary Protocol shall not be affec the rights and obligations of a Party under international law.
Article 17 signature this Supplementary Protocol shall be open for signature by the parties to the Protocol at the United Nations Headquarters in New York from 7 March 2011 to 6 March 2012. Article 18 Entry into force 1 this Protocol shall enter the. Supplementary into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance approval or accession, by States or regional economic integration organizations that are parties to the Protocol.
2. This Supplementary Protocol shall enter into force for a State or regional economic integration organizations that accept or approve ratif, it or accede the theret after the deposit of the fortieth instrument of the ASA referred to in paragraph 1 above, on the ninetieth day after the date on which that State or regional economic integration organization deposits its instrument of ratification, acceptance approval, or accession, or, on the date on which the Protocol enter into force for that State or regional economic integration organization, whichever shall be the later.
3. For the purpose of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
Article 19 reservations Of reservations may be made to this Supplementary Protocol.
Article 20 Withdrawals At any time 1. after two years from the date on which this Supplementary Protocol has entered into force for a Party, that Party may withdraw from this Protocol by giving written notification the Supplementary to the Depositary.
2. Any such withdrawals shall take place upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawals.
3. Any Party which withdraw from the Protocol in accordanc with article 39 of the Protocol shall be considered as also having withdrawn from this Supplementary Protocol.
Article 21 Authentic texts the original of this Supplementary Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Supplementary Protocol.
Done at Nagoya on this fifteenth day of October two thousand and ten.
 
Nagoj-the Kuala Lumpur supplementary Protocol on liability and compensation, which added to the Cartagena Protocol on Biosafety to This preamble, the parties to the additional protocol, Convention on biological diversity, added of the Cartagena Protocol on Biosafety (the Protocol);
taking into account the Rio Declaration on environment and development, principle 13;
Reaffirming the precautionary principle laid down in accordance with the Rio Declaration on environment and development, principle 15A;
Recognizing the need to take appropriate response measures, in accordance with the Protocol if it is damaged or there is sufficient likelihood that will be harmed;
with reference to article 27 of the Protocol, have agreed on the following.
1. article. The goal of this Protocol is to promote biodiversity conservation and sustainable use, taking into account the risks to human health by laying down rules and procedures in the field of liability and compensation in connection with living modified organisms.
2. article. The term used in this additional protocol is in force the terms used in the Convention on biological diversity (the Convention) in article 2 and article 3 of the Protocol.
2. in addition, the Optional Protocol the following terms are used: a) "Conference of the Parties serving as the meeting of the parties to the Protocol" means the Conference of the parties to the Convention serving as the meeting of the parties to the Protocol;
(b) "harm") have an adverse effect on biodiversity conservation and sustainable use, taking into account the possible risks to human health, which is: i) observed measurable or otherwise, if possible, in view of scientific and recognised by the competent authority, taking into account the guidelines the other human induced changes and natural change, and (ii)) is essential, as set out in paragraph 3 below;
(c)) "operator" means a living modified organisms directly or indirectly controlling person as appropriate, and in accordance with national legislation, inter alia, be the holder of the authorisation, the person living modified organisms released into the market, developer, producer, the notifier, exporter, importer, carrier or supplier;
(d)) "response measures" are reasonable steps taken to i) where appropriate, to eliminate, reduce, limit the damage or otherwise avoid ii) restore the biological diversity, carrying out activities in the following order: (a) the restoration of biological diversity) in the State in which it was before the injury, or a comparable position, and, if the competent authority recognizes that it is not possible, (b)), loss of biodiversity, inter alia by replacing with other biodiversity components in the same or another form of use for the same or a different location.
3. a "substantial" adverse impact is determined based on the following factors: (a)) long-term or irreversible change, it being understood that such changes within a reasonable time frame natural recovery will not disappear;

(b) qualitative or quantitative) on the magnitude of change that adversely affect biological diversity components;
(c)) of the components of biological diversity could decline in the provision of goods and services;
(d)) the adverse effects on human health in the context of the Protocol.
3. article. 1. Field of application this additional Protocol shall apply to damage caused by living modified organisms, related to cross-border movements. These living modified organisms are organisms, which are: a) intended for direct use as food, feed or processing, b) for limited use, c) for intentional dissemination environment.
2. Intentional transboundary movements, this additional Protocol shall apply to damage resulting from a referred to in paragraph 1 of the living modified organism authorised for use.
3. This additional Protocol shall also apply to damage resulting from unintentional transboundary movement, as referred to in article 17 of the Protocol, as well as to the damage caused by illegal cross-border movement, as referred to in article 25 of the Protocol.
4. This additional Protocol shall apply to damage resulting from a living organism as the result of the cross-border movement and caused after this additional Protocol entered into force for a party, where cross-border entry has taken place.
5. This additional Protocol shall apply to damage resulting from any of the parties to the territories.
6. Parties may use in law the criteria to address the damage that occurred within their jurisdiction.
7. the national laws implementing the additional Protocol shall also apply to damage resulting from living modified organisms cross-border movements from third countries.
4. article. Causal link between the damage and the living modified organism in question establishes causation in accordance with national legislation.
5. article. Response 1. If the damage, the parties, in accordance with the requirements of the competent authority, the operator or operators concerned requires a) immediately to inform the competent authority, (b)) to assess the damage, c) take adequate response measures.
2. the competent authority shall (a) operator), who did the damage, b) assess damage, c) determines what responses the operator must perform.
3. If the relevant information, including available scientific information or information available to the Biosafety Clearing-House, shows that is a large enough risk of injury if the time will not be taken in response, operator requires you to take appropriate response measures to avoid such damage.
4. Appropriate response measures may be taken by the competent authority, in particular where the operator has not done it.
5. the competent authority shall be entitled to recover the costs from the operator for damage assessment and appropriate response measures are taken and the costs associated with them. Parties may, in their national legislation, provide for the cases in which the operator cannot be required to cover the costs.
6. the competent authority shall require the operator to take responses, their decisions must be justified. The operator of such decisions must be informed. National law provide for legal remedies, including the possibility of an administrative review of the decision in question or review in a court. The competent authority in accordance with national legislation, the operator shall also inform about possible remedies. This legal protection should not hinder the competent authority to carry out responses according to circumstances, unless otherwise provided for in national law.
7. For the purposes of this article, and determining the specific responses that should be required to be made to the competent authority or, where appropriate, the parties may consider whether the response has not already been provided for in the legislation on civil liability.
8. Response measures carried out in accordance with national law.
6. article. Exemptions 1. the parties may, in their national legislation, provide for the following relief: (a) force majeure) and (b)) or the public order not hostilities.
2. the parties may, in their national legislation, provide for such exemption or relief as it deems appropriate.
7. article. Time limits parties may, in their national legislation, provide for (a)) and/or relative terms, including activities related to the response, and (b)) at the beginning of the period to which the term refers to.
8. article. Financial limits for the parties may, in their national legislation, provide for financial constraints for the recovery of costs associated with the response.
9. article. Right to recourse to this supplementary Protocol shall not limit the operator's right to recourse or compensation, which it may have against any other person.
10. article. Financial guarantee 1. Parties reserve the right to provide in their legislation for financial security.
2. the parties mentioned in paragraph 1 the right to use them in accordance with the rights and obligations provided for in international law, in the light of the preamble of the Protocol, the last three points.
3. At the first meeting, which after the entry into force of the additional protocol to meet at the Conference of the Parties serving as the meeting of the parties, it asked the Secretariat to undertake a comprehensive study to consider inter alia a) financial security mechanism terms, (b) the assessment of this facility) in the economic and social impact, as well as the impact on the environment, particularly in developing countries, and (c) identify the structures) that can provide financial security.
11. article. National responsibility for international unlawful activity, this additional Protocol shall not affect the general international law provided for the rights and obligations of States in relation to national responsibilities for international unlawful activity.
12. article. Civil liability and obligation with it 1. Parties may, in their national legislation lays down rules and procedures in connection with the damage suffered. To fulfil this obligation, the parties under this Protocol to provide responses and, where appropriate, may impose a) existing national law, including generally accepted rules and procedures regarding civil liability, (b)) to apply or develop directly to the dedicated civil liability rules and procedures or (c)) to apply or develop the above two categories of rules and procedures.
2. national legislation To provide for appropriate provisions and procedures relating to civil liability for property or personal injury relating to article 2, paragraph 2 (b)) defined by the parties (a)), continue to apply the existing general legislation on civil liability, (b)) develop and apply or continue to apply directly for this purpose legislation on civil liability or c) devise and apply or shall continue to apply to both of the above categories of law.
3. the drafting of legislation on civil liability, as provided for in paragraph 1 or 2 above, b) or (c)), where appropriate, the Parties shall consider, inter alia, the following aspects: (a));
(b) liability including) standard liability regardless of fault or liability based on fault;
(c) in the case of liability) during the transfer;
(d)) the right to bring an action in court.
13. article. Assessment and review the Conference of the Parties serving as the meeting of the parties to the Protocol, five years after the entry into force of this additional protocol review its effectiveness and future doing it every five years, unless the parties have submitted such information necessary for the review. The review shall be carried out in relation to the assessment and review of the Protocol, as provided for in article 35 of the Protocol, unless the parties to this additional protocol has not decided otherwise. 10. The first review and the review of the effectiveness of article 12.
14. article. The Conference of the Parties serving as the meeting of the parties to the Protocol 1. in accordance with article 32 of the Convention, paragraph 2 of the additional protocol of the meeting of the parties to the Conference of the Parties serving as the meeting of the parties to the Protocol.
2. The Conference of the Parties serving as the meeting of the Parties shall regularly monitor the implementation of the additional protocol and in its field of competence, adopt the decisions necessary to promote its effective implementation. It shall perform the functions provided for in the additional protocol to it mutatis mutandis.
15. article. Secretariat the secretariat established by article 24 of the Convention, this Protocol performs secretariat functions.
16. article. Relationship with the Convention and Protocol 1. This additional Protocol constitutes a Protocol, but do not change and do not amend it.
2. This supplementary Protocol shall not affect the Convention and the additional protocol in this Protocol shall be the rights and obligations of the parties.
3. Unless otherwise provided by the additional protocol, the provisions of the Convention and the Protocol shall apply mutatis mutandis to this additional protocol.
4. Without prejudice to paragraph 3, this additional Protocol shall not affect the parties ' rights and obligations provided for in international law.
Article 17. The signing of this additional Protocol shall be open for signature by the parties to the Protocol at the United Nations Headquarters in New York from 7 March 2011 to March 6, 2012.
18. article. Entry into force

1. This additional Protocol shall enter into force on the 90th day after the date of deposit of the 40th instrument of ratification, acceptance, approval or accession by States or regional economic integration organisations that are parties to the Protocol.
2. This additional Protocol relating to the State or regional economic integration organization that ratified, accepted, approved or acceded to by provided for in paragraph 1 of the document in the 40th, shall enter into force on the 90th day after the date on which that State or regional economic integration organization has deposited its instrument of ratification, acceptance, approval or accession, or on the day on which the for that State or regional economic integration organisation shall bring into force the Protocol , depending on which event is later.
3. paragraphs 1 and 2 within the meaning of the instrument deposited by a regional economic integration organization shall not be deemed to supplement its Member States deposited instruments.
19. article. Reservations to this Protocol to the reservations are not permitted.
20. article. Denunciation 1. two years after this additional Protocol entered into force for a party, that party may at any time denounce it by written notification to the depositary.
2. Such denunciation shall take effect one year after the date on which the depositary has received the notification or at a later date, which can be specified in the notification of denunciation.
3. Any party who denounced the Protocol in accordance with article 39, it is considered that the parties have denounced the Optional Protocol as well.
21. article. Authentic texts the original of This Protocol, the text of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations.
In witness whereof, the undersigned, being duly authorised, have signed this additional protocol.
Nagoj, two thousand and ten fifteenth day of October.