Biosafety Protocol for Genetically Modified Organisms: Overview (CRS Report for Congress)
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| Release Date |
Jan. 18, 2001 |
| Report Number |
RL30594 |
| Report Type |
Report |
| Authors |
Alejandro E. Segarra and Susan R. Fletcher, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
Summary:
The Biosafety Protocol to the 1992 Convention on Biological Diversity (CBD) was adopted in
January 2000, by the 176 nations that are parties to the CBD. Not having ratified the CBD, the
United States participated in the negotiations as an observer, but nevertheless was an active
participant in the discussions. The Protocol addresses a major area of concern that was not resolved
by the parent CBD in 1992 the safe handling, transfer and trade of biological organisms. In
recent years, this issue has gained new prominence and controversy as genetically modified
organisms (GMOs) have become widely used as agricultural crops, and have become the focus of
concern by U.S. trading partners and citizens around the world. While GMOs are widely used in
U.S. crops, citizens and governments in many countries, particularly in Europe, have questioned the
environmental and health safety of such products, and have rejected them in the marketplace.
The Biosafety Protocol sets forth a number of procedures and rules concerning trade in
biological products, including agricultural commodities. These rules are therefore of key importance
to U.S. economic interests, including those who develop biotechnology. The Protocol applies to the
transboundary movement, transit, handling and use of most GMOs. It incorporates a number of
principles that are still under development and in the process of being defined. These include some
controversial concepts such as the precautionary approach (popularly known as the "precautionary
principle"), which is generally understood to mean that if definitive scientific certainty is lacking,
it is valid to err on the side of caution. This approach is a source of concern for critics, who worry
about the erection of trade restrictions justified by using this concept. The Protocol also calls for
"Advance Informed Agreements" between exporting and importing countries regarding first
shipments of a GMO and labeling of subsequent shipments; and the establishment of a Biosafety
Clearinghouse as a means to share scientific, technical, environmental, and legal information on
GMOs. Issues relating to these provisions are discussed in this report, including concerns about
trade restrictions that might ensue from the protocol, the possibility of burdensome information
responsibilities, and others.
Given the importance of the Protocol to U.S. interests, the United States is likely to remain an
active participant in refining the elements set forth in it. A related issue is whether the United States
is hampered in this participation by the fact that it has not ratified the parent Convention on
Biological Diversity. Consequently, the United States cannot sign the Protocol and attends the
related negotiations as an "observer."
In general, the issues related to GMOs and how the Biosafety Protocol may affect U.S. interests
related to them are likely to be of continuing interest to Congress in terms of possible economic
impacts and trade considerations.
