As per the mandate of Convention on Biological Diversity, the
Parties to the Cartagena Protocol on Biosafety concluded their
negotiations to ensure an adequate level of protection in the field of
the safe transfer, handling and use of LMO resulting from modern
biotechnology that may have adverse effects on the conservation and
sustainable use of biological diversity. Especially, Article 18 of the
Protocol requires that LMOs that are subject to international
transboundary movement are handled, packaged and transported
under conditions of safety.
To achieve the objective of Article 18 of the Protocol, Article 18.2
requires that documentation accompanying LMOs for direct use as
FFP clearly identifies that they "may contain" LMOs; for contained
use-LMOs, any requirements for the safe handling, storage,
transport and use,, the contact point for further information,
including the name and address of the individual and institution to
whom LMOs are consigned; and for LMO that are intended for
intentional introduction into the environment, the identity and
relevant traits and/or characteristics, any requirements for the safe
handling, storage, transport and use, the contact point for further
information and as appropriate, the name and address of the
importer and exporter.
As an implementation of this Protocol, Korea enacted the
so-called "LMO Statute and various directives" in 2001, with the
entry into force in 2007. However, these directives contain different
and stringent handling, packaging, labelling and transportation
requirement depending on the intended use of LMO. Certain
requirements of these directives constitute the technical regulations
in WTO TBT Agreement, and could be alleged to be more stringent
than those in WTO TBT Agreement.
Article 2.2 of TBT Agreement requires that technical regulations
are not prepared, adopted or applied with a view to or with the
effect of creating unnecessary obstacles to international trade.
Furthermore, it demands that "technical regulation" shall not be
more trade-restrictive than necessary to fulfil a legitimate objective,
taking account of the risks non-fulfillment would create. The
definition of "technical regulation" is the "document which lays down
product characteristics or their related processes and production
methods, including the applicable administrative provisions, with
which compliance is mandatory, including terminology, symbols,
packaging, marking or labelling requirements as they apply to a
product, process or production method.
The purpose of this Paper is to compare and analyse the
requirements under the Cartagena Protocol, WTO TBT Agreement,
and Korea's LMO related regulations.