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 The Prospects for Technical Guidelines for Safety in Biotechnology
By
Bert Visser
 
 
 
Keywords:  Biosafety/Foodsafety; Policies/Programmes.
Correct citation: Visser, B. (1994), "The Prospects for Technical Guidelines for Safety in Biotechnology." Biotechnology and Development Monitor, No. 20, p. 21-22.

In Spring 1994, the British and Dutch governments organized two meetings with the aim of developing guidelines for safety in biotechnology. The discussions between participants from both developing and developed countries resulted in a new document containing guidelines.

In the United Nations Conference for Environment and Development (UNCED) Agenda 21, it was agreed that international co­operation on safety in biotechnology should be considered. This co­operation should include the development and harmonization of national safety mechanisms, as well as the establishment of a framework of internationally agreed principles of safety in biotechnology.
Early during the preparation of the UNCED in Rio de Janeiro, developing countries insisted that the Conference should not only discuss the environment, but accept the interrelationship between protection of the global environment and global development. Many participating countries took the stand that the protection, maintenance and exploitation of biodiversity should be negotiated in order to accomplish transfer of technology from the technologically advanced countries to developing countries. Therefore, it was argued that discussions on the application of biotechnology should feature on the agenda of the Convention on Biodiversity. In the view of many countries, safety regulations are conditional on the safe application of biotechnology, and should therefore form an aspect of technology transfer, also to be addressed by the Convention for Biodiversity. Other countries have doubted whether this will be an efficient approach, since safety in biotechnology as such is only distantly related to biodiversity issues, and this route may take many years. Additionally, some countries are opposed to any further regulation, as it is in contrast with their internal deregulation policies.

The Anglo­Dutch initiative
Although Agenda 21 agreed on international co­operation and harmonization on safety in biotechnology, little progress towards such an agreement had been made by the end of 1993. However, during meetings such as the African Regional Conference for International Cooperation on Safety in Biotechnology which was held in Harare in 1993 (see also Monitor no. 17), the need for international support for information exchange and capacity building was felt.
Therefore, government officials from the UK and Dutch Departments for the Environment decided to support the development of voluntary guidelines for safety in biotechnology. As a technical framework, these guidelines should assist governments to develop their own policies concerning the introduction of safety mechanisms. Furthermore, on the one hand the guidelines should not preempt the options to agree on a legally enforceable protocol to the Biodiversity Convention. On the other hand, they should assist governments of developing countries at a practical level in establishing their own biosafety mechanisms in line with international co­operation and harmonization.

In two subsequent meetings, in March 1994 in the UK, and in May 1994 in The Netherlands, a proposal drafted by the British and Dutch government officials was discussed. At this meeting experts from Brazil, Canada, Colombia, Costa Rica, Denmark, Egypt, Hungary, India, Kenya, The Netherlands, Russia, South Africa, Spain, Sweden, Switzerland, Thailand, Uganda and the UK participated. Participants came from governmental organizations, academic institutions, industry, non­governmental organizations and international organizations.
One group of participants, originating from countries which strongly favour the establishment of a legally binding document under the Biodiversity Convention agreed that the adoption of such a legally binding document might take several years, and that voluntary guidelines could be helpful in the meantime. A second group of participants felt that the voluntary guidelines could serve to gain experience and even improve a future binding protocol. Meanwhile, a third group of participants did not expect much from such a legally binding protocol, but also stated that the proposal for technical guidelines should not stand in the way of a legally binding document. The participants agreed on a draft text and on its further discussion in various international forums to promote its adoption.

The content of the draft guidelines
The document containing the draft guidelines proposes:

The guidelines bear heavily on previous documentation and even on previous efforts into the same direction such as the United Nations Industrial Development Organization (UNIDO) Voluntary Code of Conduct or the Inter­American Institute for Cooperation on Agriculture (IICA) Guidelines. However, whereas the IICA Guidelines are very detailed and prescriptive, the UNIDO Code of Conduct only discusses principles and specific information mechanisms. The new guidelines are meant to combine the various aspects addressed in these documents in order to be more practical, more broadly applicable, cover more aspects and to pay attention to the position of developing countries in particular.
 
Remaining questions
Assuming that the guidelines appear to be a valuable practical tool in introducing safety mechanisms and fostering growing international co­operation and harmonization, three major questions remain.
The first question is which organization can function as the institutional basis for these guidelines. Without an institutional home to promote and guide their implementation, the impact of the guidelines may remain limited. Although the United Nations Environment Programme (UNEP) has been mentioned as a potential candidate, it is unclear whether the organization is able to give sufficient priority to the initiative. However, the issue has been taken up by the organization and will be thoroughly discussed.
The second question, which is related to the first one, is how developing countries, which might most benefit from the guidelines, perceive the initiative. The organizers hope that many countries will realize the need for safety mechanisms soon, and that they may benefit from a readily available, technical document. Many delegations present at the meeting of the Intergovernmental Committee on the Convention on Biological Diversity, which took place in Nairobi in June 1994, supported the initiative, and this warrants optimism.
The third question is whether sufficient resources will become available to allow developing countries to implement the guidelines. International organizations and donors may have an important role to play here.
Bert Visser

(DGIS, Ministry of Foreign Affairs, The Netherlands)



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