First Meeting of the Ad Hoc Open-ended Working Group on Liability and Redress under the Biosafety Protocol

25-27 May 2005, Montreal, Canada


 Earth Negotiations Bulletin - ENB

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The first meeting of the Open-ended Ad Hoc Working Group of Legal and Technical Experts on Liability and Redress in the context of the Cartagena Protocol on Biosafety will be held from 25-27 May 2005, in Montreal, Canada. The meeting will take place immediately prior to the second meeting of the Conference of the Parties (COP) to the Convention on Biological Diversity (CBD) serving as the meeting of the Parties to the Protocol (COP/MOP-2).

The Cartagena Protocol on Biosafety was adopted by the CBD COP on 29 January 2000 and entered into force on 11 September 2003. With 119 Parties to date, the Protocol seeks to protect biodiversity from the potential risks posed by living modified organisms (LMOs) resulting from modern biotechnology.  

Liability and redress in the context of the Protocol concerns the question of what would happen if the transboundary movement of LMOs has caused damage. The Ad Hoc Group on Liability and Redress was established by COP/MOP-1, in accordance with, and to carry out the process required by, the provision of Article 27 of the Protocol. According to its terms of reference, the Group shall undertake the following tasks:

  •       review the information relating to liability and redress for damage resulting from transboundary movements of LMOs;

  •       analyze general issues relating to the potential and/or actual damage scenarios of concerns, and application of international rules and procedures on liability and redress to the damage scenarios; and

  •       elaborate options for elements of rules and procedures on liability and redress, including definition and nature of damage, valuation of damage to biodiversity and to human health, threshold of damage, causation, channeling of liability, roles of Parties of import and export, standard of liability, mechanisms of financial security and right to bring claims.

The Group shall report on its activities to the COP/MOP and complete its work in 2007.


To prepare for this meeting, a Technical Group of Experts on Liability and Redress was convened from 18-20 October 2004, in Montreal, Canada.

This service was prepared in cooperation with the CBD Secretariat


CBD Secretariat
Cartagena Protocol on Biosafety Homepage
WG-LR 1 Official Meeting Documents
Technical Group of Experts  on Liability and Redress
E2002 Workshop on Liability and Redress in the context of the Cartagena Protocol on Biosafety
ENB coverage of COP-MOP1
ENB coverage of COP-7

ENB archives of biodiversity meetings


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