WORLD TRADE  
ORGANIZATION   
WT/CTE/W/235 
8 June 2004 
 
 (04-2466) 
Committee on Trade and Environment  
  
 
DECISIONS OF THE SEVENTH MEETING OF THE CONFERENCE OF THE  
PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY AND THE  
FIRST MEETING OF THE PARTIES TO THE CARTAGENA PROTOCOL  
ON BIOSAFETY OF RELEVANCE TO THE WTO 
 
Note by the Executive Secretary of the Convention on Biological Diversity 
 
 
1. Introduction 
1. The present note was prepared pursuant to a request expressed by the WTO Committee on 
Trade and Environment (CTE) in Special Session at its  meeting on 19 April 2004.   At this meeting, 
the representative of the Secretariat of the Conven tion on Biological Diversity delivered an oral 
briefing on the outcome of the seventh meeting of the Conference of the Parties to the Convention and 
the first meeting of the Parties to the Cartagena Pr otocol on Biosafety. Because of time restrictions, 
this presentation was limited to those decisions of more direct relevance for the negotiating mandate 
of the CTE in Special Session.  Further to the requ est expressed by delegates at this meeting, the 
present note provides a more comprehensive overview of the decisions of the seventh meeting of the 
Conference of the Parties and the first meeting of the Parties to the Protocol that are of relevance to the WTO. 
2. The seventh meeting of the Conference of the Parties to the Convention on Biological 
Diversity (COP-7) was held in Kuala Lumpur, Mala ysia, from 9 to 20 February 2004.  Following the 
entry into force of the Cartagena Protocol on Bio safety in September 2003, the first meeting of the 
Parties to the Protocol (COP-MOP 1) took place on 23  to 27 February 2004, also in Kuala Lumpur. 
3. Representatives from 162 countries, as well as representatives from international 
organizations, indigenous and local community orga nizations and non-govern mental organizations, 
attended the seventh meeting of the Conference of the Parties. All decisions adopted by COP-7 and 
COP-MOP 1 are available on the Secretariat website, at www.biodiv.org. 
4. COP-7 agreed on a multi-year programme of  work that will put greater focus on 
implementation and, in particular, on the target to achieve, by 2010, a significant reduction in the 
current rate of biodiversity loss.  This target has b een agreed as the mission of the Strategic Plan for 
the Convention, adopted by COP-6 in April 2002 , and has been further endorsed by the World 
Summit for Sustainable Development (WSSD) in Se ptember 2002.  COP-7 put in place concrete 
measures regarding the implementa tion of relevant commitments by governments at the WSSD.  
Moreover, COP-7 also adopted three major new programmes of work under the Convention: on 
technology transfer, protected areas and mountain biodiversity. 
5. A number of decisions taken by COP-7 and COP-MOP 1 are of relevance to the work of the 
World Trade Organization (WTO) and provide opportunities for further collaboration between the WTO and the Convention on Biological Diversity. WT/CTE/W/235 
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 2. Relevant decisions of COP-7 
2.1  Decisions on observer status in relevant WTO bodies 
6. The Conference of the Parties at its seventh me eting requested the Executive Secretary of the 
Convention to renew his application for observer stat us in relevant bodies of the WTO (see paragraph 
4 of decision VII/26, on Cooperation with other conventions and interna tional organizations and 
initiatives, and paragraph 5 (c) of decision VII/13, on Alien species that threaten ecosystems, habitats 
or species).  Further to this request, the Executive Secretary, by a letter sent on 24 March 2004 to Dr. Supachai Panitchpakdi, Director General of the WTO, reiterated his request for observer status in 
the following WTO bodies: the Committee on Trade a nd Environment in Special Session, the Council 
on Trade-related Aspects of Intellectual Pr operty Rights (TRIPs Council), the Committee on 
Agriculture, the Committee on Sanitary and Ph ytosanitary Measures (SPS Committee) and the 
Committee on Technical Barriers and Trade (TBT Committee). 
2.2 Decision VII/19: Access and benefit-sharing as  related to genetic resources (Article 15) 
7. Among the decisions adopted by COP-7, the d ecision on access and benefit-sharing is of 
special relevance to the work of the WTO. 
8. In the Johannesburg Plan of Implementation adopted by the World Summit on Sustainable 
Development (WSSD), Governments called for action to “negotiate within the framework of the 
Convention on Biological Diversity, bearing in mi nd the Bonn Guidelines, an international regime to 
promote and safeguard the fair and equitable shari ng of benefits arising out of the utilization of 
genetic resources”  (paragraph 44 (o)). 
9. Further to WSSD’s request, COP-7 decided to mandate the existing Ad-hoc  Open-ended 
Working Group on Access and Benefit-sharing to ela borate and negotiate an international regime on 
access to genetic resources and benefit-sharing, with  the aim of adopting an instrument/instruments to 
effectively implement the provisions in Article 15 (on access to genetic resources) and Article 8(j) 
(regarding the protection of trad itional knowledge, innovations  and practices of indigenous and local 
communities relevant to the conservation and sustai nable use of biological diversity), as well as the 
three objectives of the Convention (decision VII/19, S ection D, paragraph 1).  The terms of reference 
of the Working Group, contained in annex to deci sion VII/19 D address the process, nature, scope and 
possible elements of such an international regime for further consideration.  The Executive Secretary 
was requested to make necessary arrangements for the Working Group to be convened twice before 
the eighth meeting of the Conference of the Parties and to report on progress at this meeting, which 
will be held in the first half of 2006 (paragraph 3).  Meetings of the Working Group are tentatively 
scheduled to be held in February 2005 and March 2006. 
10. The Conference of the Parties specifically invited the WTO – among other international 
organizations – to cooperate with the Working Gr oup on Access and Benefit-sharing in elaborating 
the international regime (paragraph 5). 
11. One of the elements to be considered by the Working Group for inclusion in the international 
regime, which relates directly to the work of the WTO and its TRIPs Council, is the issue of 
disclosure of origin/source/lega l provenance of genetic resources and associated traditional 
knowledge in applications for intellectual property rights (decision VII/19, annex, paragraph (d), item 
(xiv); see also items (x) and (xv)). 
12. In addition, the Agreement on Trade-related As pects of Intellectual Property Rights and other 
WTO agreements were included in the list of ex isting instruments and processes whose relevant  WT/CTE/W/235 
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 elements will be considered by the Working Gr oup for inclusion into the international regime 
(decision VII/18, Annex, paragraph (d), item (xxiii)). 
2.3 Other relevant decisions 
13. A number of other decisions taken by COP-7 are also relevant to the work of the WTO and 
provide opportunities for further collaboration. 
2.2.1 Decision VII/2: The biological diversity of dry and sub-humid lands 
14. By decision VII/2, COP-7 agreed on the further refinement of the programme of work on the 
biological diversity of dry and sub-humid lands , and in particular on expected outcomes and 
timeframes, potential actors, and indicators of prog ress in the implementation of the programme of 
work (paragraph 2 of, and annex to decision VII/2).  Under Activity 9 (d) in the annex, on support for 
sustainable livelihoods, market development is prop osed with a view to increase the marketing of 
products derived from sustainable use and to develo p conducive market relationships.  Parties to the 
Convention and the WTO are identified as key actors to implement this suggested activity. 
2.2.2 Decision VII/3: Agricultural biological diversity 
15. In decision VI/5, on agricultural biological dive rsity, the Conference of the Parties requested 
the Executive Secretary to study further the impacts of trade liberalization on agricultural biodiversity 
(paragraph 17).  Further to this request, th e Executive Secretary prepared two studies for 
consideration of the Conference of the Parties, entitled “Domestic support measures and their effects 
on agricultural biodiversity” (UNEP/CBD/COP/7 /INF/14), and “A synthesis of assessment 
frameworks” (UNEP/CBD/COP/7/INF/15).  Both documents are available at the Convention’s 
website, at www.biodiv.org.  By decision VII/3, COP-7 took note of these studies, and requested 
further gathering and incorporation of data on this matter from all countries (paragraph 6). 
2.2.3 Decision VII/13: Alien species that threate n ecosystems, habitats or species (Article 8 (h)) 
16. In decision VII/13, the Conference of the Par ties, while noting the existing international, 
regional and national frameworks, recognized the n eed to strengthen institutional coordination at 
international, regional and nationa l levels on invasive alien species as a trade-related issue, and 
invited the World Trade Organization and its relevant  bodies to give consideration to the risks from 
invasive alien species, in their deliberations (par agraph 5 (a)).  In the same decision, the Executive 
Secretary is requested to collaborate, whenever feasible and appropriate, with the Secretariat of the 
World Trade Organization in its training, capacity-bui lding and information activities, with a view to 
raising awareness of the issues related to invasive  alien species, and promoting enhanced cooperation 
on this issue (paragraph 5 (b)). 
17. The Conference of the Parties al so established an ad hoc technical expert group to address 
gaps and inconsistencies in the in ternational regulatory framework at global and regional levels.  On 
the basis of the work of this group, the Subsidiary Body on Scientific, Technical and Technological 
Advice of the Convention will make recommendations to the Conference of the Parties prior to its 
ninth meeting (paragraph 9).  The work of this  expert group will be of relevance to the WTO 
Committee on Sanitary and Phytosanitary Measur es.  The meeting of the group is tentatively 
scheduled to take place April-May 2005, in New Zealand. WT/CTE/W/235 
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 2.2.4. Decision VII/14: Biological Diversity and Tourism  
18. By decision VII/14, the Conference of the Parties adopted Guidelines on Biodiversity and 
Tourism Development. These volunt ary guidelines address activities rela ted to sustainable tourism 
development in vulnerable terrestrial, marine and co astal ecosystems and habitats of major importance 
for biological diversity and protected areas, includi ng fragile riparian and mountain ecosystems.  In 
paragraph 9 of the decision, the World Trade Orga nization, among other inte rnational organizations, 
is invited to take these Guidelines into account in its activities. 
2.2.5 Decision VII/16: Article 8(j) and related provisions 
19. In the preamble to section H of decision VII/16, on the “Development of elements of sui 
generis systems for the protection of trad itional knowledge, innovations and practices” , COP-7 
recognized the need for continued collaboration with  other relevant organizations working on issues 
related to the protection of trad itional knowledge, innovati ons and practices of indigenous and local 
communities, including the World Trade Organization (WTO), to ensure mutual supportiveness and avoid duplication of efforts. 
2.2.6. Decision VII/29: Transfer of technology and technology cooperation (Articles 16 to 19) 
20. By decision VII/29, COP-7 adopted a programme of work on technology transfer and 
technological and scientific cooperation, with the pur pose to develop meaningful and effective action 
to enhance implementation of Articles 16 to 19 as well as related provisions of the Convention by 
promoting and facilitating the transfer of and access to technologies.  A number of activities foreseen 
in the programme of work relate to the work ach ieved by the Working Group on Trade and Transfer 
of Technology of the WTO, and may also be of relevance for future activities of the WTO on the issue.  Two activities under programme element 3, on creating enabling environments, are of 
particular relevance. 
21. Activity 3.1.1 calls for the preparation of technical studies that further explore and analyze the 
role of intellectual property rights in technolog y transfer in the context of the Convention on 
Biological Diversity and identify potential options  to increase synergy and overcome barriers to 
technology transfer and cooperati on, consistent with paragraph 44 of the Johannesburg Plan of 
Implementation.  The benefits as well as the costs of  intellectual property rights should be fully taken 
into account.  The Secretariat of the Convention on Biological Diversity, WIPO, UNCTAD and other 
relevant organizations are identified as main actors to undertake this activity. 
22. Activity 3.1.2 calls for the compilation and synt hesis of information, including case studies, 
and preparation of guidance on institutional, admini strative, legislative and policy frameworks that 
facilitate access to, adaptation and adaptation of t echnologies in the public domain and to proprietary 
technologies, especially by developing countries and countries with economies in transition, and, in 
particular, on measures and mechanisms that: 
(a) Foster an enabling environment in developing and deve loped countries for 
cooperation as well as the transfer, adapta tion and diffusion of relevant technologies 
in accordance with the needs and pr iorities identified by countries; 
(b) present obstacles that impede transfers of relevant technologies from developed 
countries; 
(c) Provide, in accordance with existing inte rnational obligations, incentives to private-
sector actors as well as public research institutions in developed country Parties, to  WT/CTE/W/235 
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 encourage cooperation and transfer of te chnologies to developing countries, through, 
e.g., technology transfer programmes or joint-ventures; 
(d) Promote and advance priority access for Par ties to the results and benefits arising 
from technologies based upon genetic resources provided by those Parties, in accordance with Article 19, paragraph 2 of  the Convention, and to promote the 
effective participation in related technological research by those Parties; 
(e) Promote innovative approaches and mean s of technology transfer and cooperation 
such as Type 2 partnerships, in accordance with the outcome of the World Summit on 
Sustainable Development, or transfers among actors, involving in particular the private sector and civil society organizations. 
23. This activity will be based on input from Parties and relevant international organizations and 
be undertaken by the Secretariat of the Convention on Biological Diversity. 
3. Relevant decisions of COP/MOP 1 
24. The Cartagena Protocol on Biosafety aims to en sure an adequate level of protection in the 
field of the safe transfer, handling and use of living modified organisms (LMOs).  The Protocol 
entered into force on 11 September 2003 and, as of 31 May 2004, has 99 Parties.  The following 
decisions adopted at the first meeting of the Parties to the Protocol are of particular relevance to the 
WTO. 
3.1 Decision BS-I/2: Procedures and mechanisms for facilitating decision-making by Parties of 
import (Article 10, paragraph 7)  
25. The advance informed agreement procedure (AIA) is a core component of the Protocol.  It 
will enable Parties of import, prior to the first in tentional transboundary movement of LMOs, to make 
informed decisions on whether or not to allow their import for intentional introduction into the environment.  By decision BS-I/2, the first meeting of the Parties to the Protocol adopted procedures 
and mechanisms to facilitate decisi on-making by Parties of import, in particular by those encountering 
difficulties in the decision-making process.  Pr iority will be given to capacity building of  developing 
country Parties (Annex, paragraph 2).  Parties shal l also cooperate to facilitate access of developing 
country Parties to the biosafety Clearing-House (Annex, paragraph 3). 
3.2 Decision BS-I/5: Capacity building 
26. By decision BS-I/5, the meeting adopted an action plan for building capacities for the 
effective implementation of the Protocol, contained in  annex I to the decision.  The action plan shall 
facilitate and support the developmen t and strengthening of capacities for the ratification and effective 
implementation of the Protocol at national, sub re gional, regional and global levels in a timely 
manner.  To achieve the objective, the action plan  aims at identifying country needs, priorities, 
mechanisms of implementation and sources of fundi ng.  The meeting also established a coordination 
mechanism for the implementation of the action plan , contained in annex IV of the decision.  The 
mechanism consists of the followi ng five elements: (a) a liaison group; (b) biosafety capacity-building 
databases; (c) an information-sharing and networ king mechanism; (d) coordination meetings and 
workshops; and (e) reporting mechanisms. 
 WT/CTE/W/235 
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 3.3 Decision BS-I/6: Handling, transport, pa ckaging and identification of living modified 
organisms (Article 18)  
27. The Protocol addresses the requirements for the identification of living modified organisms 
(LMOs) in the documentation accompanying their transboundary shipment.  In order to avoid 
unnecessary burden to exporters, the first meeting of the Parties, in decision BS-I/6, decided to 
integrate identification requirements for LMOs fo r food, feed and processing in commercial invoices 
or other relevant existing documentation systems (sec tion A, paragraph 1) . It also invited Parties and 
other governments to take measures to apply, as appropriate, the OECD Unique Identifier for 
Transgenic Plants to cover the information requi rements (section C, paragraph 1).  By the same 
decision, a group of technical experts was esta blished to further elaborate the information 
requirements (section A, paragraph 6).  This gro up will also address the threshold for adventitious 
presence of LMOs (section A, annex, paragraph 1 (d)). 
3.4 Decision BS-I/7: Establishment of procedures and mechanisms on compliance 
under the Cartagena Protocol on Biosafety 
28. By decision BS-I/7, the meeting adopted pro cedures and mechanisms on compliance, which 
are annexed to the decision.  The objective of the procedures and mechanisms is to promote 
compliance with the provisions of the Protocol, to address cases of non-compliance by Parties, and to 
provide advice or assistance, where appropriate (anne x, section I, paragraph 1).  They will be simple, 
facilitative, non-adversarial and cooperative in nature  (annex, section I, paragraph 2).  Their operation 
will be guided by the principles of transparency, fa irness, expedition and predictability, and will pay 
particular attention to the special needs of developi ng country Parties (annex, section I, paragraph 3).  
A compliance committee was established, composed of 15 members serving in their individual 
capacity.  They are nominated by Parties and elected by  the meeting of the Parties to the Protocol.  A 
full term will cover a period of four years (annex,  section II).  The procedures and mechanisms also 
spell out  measures to promote compliance and address cases of non-compliance,  taking into account 
the capacity of the Party concerned to comply, and such factors as the cause, type, degree and 
frequency of non-compliance (annex, section VI). 
3.5 Decision BS-I/11: Consideration of other issu es necessary for the effective implementation of 
the Protocol (e.g. Article 29, paragraph 4)   
29. In decision BS-I/11, the meeting recognized the need for and advantages of providing general 
guidance to Parties to the Protocol on how to handle transboundary movements of LMOs with non-
Parties, and of facilitating  the participation of non-Parties in th e Protocol process, and adopted related 
guidance, which is annexed to the decision. 
30. Under the guidance adopted by the meeti ng, each Party to the Protocol should, inter alia , 
notify or ensure prior notification of exports of LM Os to non-Parties, and should apply its domestic 
regulatory framework consistent with the Protocol, or the advanced informed agreement procedure of 
the Protocol, or a comparable procedure, as appr opriate, in importing LMOs from a non-Party (annex, 
paragraph 1 (a) and (d)). 
31. Non-Parties are encouraged inter alia  to adhere to the provisions of the Protocol on a 
voluntary basis, in particular to the provisions re garding the advance informed agreement procedure; 
risk assessment; risk management; and handling, tr ansport, packaging and identification of LMOs 
(annex, paragraph 2 (c)).  WT/CTE/W/235 
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 3.6 Decision BS-I/12 : Medium-term programme of work for the Conference of the Parties serving 
as the meeting of the Parties to the Biosafety Protocol (from the second to the fifth meetings)  
32. By decision BS-I/12, the meeting of the Partie s adopted a medium-term programme of work 
up to the fifth meeting of the Parties to the Protocol , which is annexed to the decision.  According to 
this programme of work, the second meeting of the Pa rties, to be held in June 2005, will consider 
clarification of the issues involved in risk a ssessment and management, and will consider the 
development of guidance and a framework for a common approach in risk assessment and risk 
management.  Furthermore, the second meeting w ill address cooperation a nd information exchange 
on any socio-economic impacts of LMOs, especia lly on indigenous and local communities (annex, 
paragraph 4). 
 
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