Liability and Redress

During the fifth meeting of the Parties to the Cartagena Protocol on Biosafety (COP/MOP-5) in October 2010, Parties adopted the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress (NKL-SP) that obligates Parties to have or enact domestic rules and procedures providing for liability and redress for damage to the conservation and sustainable use of biological diversity resulting from transboundary movements of living modified organisms (LMOs). The new treaty entered into force on 5 March 2018 following its ratification by 40 Parties to the Cartagena Protocol on Biosafety.

CropLife International actively engaged with the Parties during the negotiations of the NKL-SP to ensure that the outcome of the negotiations considered the practical realities of trade in LMOs and their history of safe use. Due to its clear definition of “damage” and the focus on enabling national authorities to identify and evaluate damage to biological diversity and order response measures, CLI views the NKL-SP as a positive tool providing the framework of a workable system that can contribute to the conservation and sustainable use of biodiversity. For these reasons, the GIC supports ratification of the NKL-SP following a step-wise approach that will ensure that countries can comply with their legal obligations as of the date of ratification.

Click here for CropLife International’s views on the liability and redress negotiations at the 9th meeting of the Parties to the Cartagena Protocol on Biosafety 17-29 November 2018 in Sharm El-Sheikh, Egypt.

Click here for further information on this step-wise approach.

Additionally, CropLife International has developed an implementation guide for the NKL-SP which can be downloaded here.

Cartagena Protocol On Biosafety Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress (N-KL SP)

Oct 18, 2018 - Document
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CropLife International supports ratification of the NKL-SP and congratulates those countries that have ratified it and are working toward its implementation. The NKL-SP is a positive tool providing the framework of a workable system that can contribute to the conservation and sustainable use of biodiversity. In support of this international instrument, CropLife International has developed one of the only capacity building tools available to Parties – the CropLife International N-KL SP Implementation Guide – to provide implementation assistance. CropLife International thus supports the draft decision on liability and redress under the Convention on Biological Diversity (Convention) and the Cartagena Protocol on Biosafety (Protocol) and recommends that Parties focus ongoing work targeted toward timely and complete implementation of the N-KL SP. However, we also caution against undertaking any new work that would duplicate efforts completed and issues considered during its negotiation.
Global Industry Coalition Views Nagoya-Kualar Lumpur

May 02, 2012 - Document
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During the fifth meeting of the Parties to the Cartagena Protocol on Biosafety (COP/MOP-5) in October 2010, Parties adopted the NKL-SP that obligates Parties to have or enact domestic rules and procedures providing for liability and redress for damage to the conservation and sustainable use of biological diversity resulting from transboundary movements of living modified organisms (LMOs). The new treaty will enter into force 90 days after being ratified by at least 40 Parties to the Cartagena Protocol on Biosafety.

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