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19.2.2013 Official
Journal
of
the
European
Union
L
46/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 12 February 2013
on the conclusion on behalf of the European Union of the Nagoya-Kuala Lumpur Supplementary
Protocol on Liability and Redress to the Cartagena Protocol on Biosafety
(Text with EEA relevance)
(2013/86/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(3) During
the
fifth
COP/MOP
in
Nagoya,
Japan,
the
Union
supported the final compromise reached on the Nagoya-
Kuala Lumpur Supplementary Protocol on Liability and
Redress to the Cartagena Protocol on Biosafety (‘the
Having regard to the Treaty on the Functioning of the European
Supplementary Protocol’), following consideration that
Union, and in particular Article 192, in conjunction with
it was within the limits of the agreed Union positions
Article 218(6)(a) thereof,
and negotiating directives addressed to the Commission.
Having regard to the proposal from the European Commission,
(4) On
15
October
2010,
the
final
plenary
of
the
fifth
COP/MOP adopted the Supplementary Protocol.
Having regard to the consent of the European Parliament ( 1 ),
(5) On
20
December
2010,
the
Council
welcomed
the
adoption of the Supplementary Protocol.
Whereas:
(1) Article
27
of
the
Cartagena
Protocol
on
Biosafety
to
the (6) In
accordance
with
a
Council
Decision
of
6
May
Convention on Biological Diversity (
2011 ( 3 ), the Supplementary Protocol was signed by the

2 ) (‘the Protocol’)
provides that the Conference of the Parties serving as
Union on 11 May 2011, subject to its conclusion at a
the Meeting of the Parties to the Protocol (COP/MOP)
later date.
shall adopt, in its first meeting, a process with respect
to the elaboration of international rules and procedures
in the field of liability and redress for damage resulting
from transboundary movements of living modified
(7) According
to
Article
34
of
the
Convention
on
Biological
organisms.
Diversity ( 4 ), any protocol to that Convention is subject
to ratification, acceptance or approval by States and by
regional economic integration organisations.
(2) In
June
2007,
the
Council
adopted
a
Decision
auth
orising the Commission to participate in the negotiations
concerning liability and redress in this field on behalf of
the Union as regards matters falling within Union
(8)
The Union and its Member States should endeavour to
competence, in accordance with certain negotiating direc
deposit as soon as possible their instruments of ratifi
tives. That authorisation was extended in October 2008
cation, acceptance or approval of the Supplementary
to cover the final stages of the negotiations.
Protocol.
( 1 ) Not yet published in the Official Journal.
( 3 ) Not yet published in the Official Journal.
( 2 ) OJ L 201, 31.7.2002, p. 50.
( 4 ) OJ L 309, 13.12.1993, p. 3.

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L 46/2
EN
Official Journal of the European Union
19.2.2013
(9) The
Supplementary Protocol contributes to the matters falling within the Union’s competence, the instrument
achievement of the objectives of the environmental
of approval provided for in Article 18 of the Supplementary
policy of the Union.
Protocol ( 1 ). At the same time, these person(s) shall deposit the
declaration set out in the Annex to this Decision, in accordance
(10) The Supplementary Protocol should therefore be
with Article 34(3) of the Convention on Biological Diversity.
approved on behalf of the Union,
HAS ADOPTED THIS DECISION:
Article 3
Article 1
This Decision shall enter into force on the day of its adoption.
The Nagoya-Kuala Lumpur Supplementary Protocol on Liability
and Redress to the Cartagena Protocol on Biosafety is hereby
approved on behalf of the Union.
Done at Brussels, 12 February 2013.
The text of the Supplementary Protocol is attached to this
Decision.
Article 2
For the Council
The President of the Council shall designate the person(s)
The President
empowered to deposit, on behalf of the Union, as regards
M. NOONAN
( 1 ) The date of entry into force of the Supplementary Protocol will be
published in the Official Journal of the European Union by the General
Secretariat of the Council.

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EN
19.2.2013 Official
Journal
of
the
European
Union
L
46/3
ANNEX
DECLARATION BY THE EUROPEAN UNION IN ACCORDANCE WITH ARTICLE 34, PARAGRAPH 3, OF THE
CONVENTION ON BIOLOGICAL DIVERSITY
‘The European Union declares that, in accordance with the Treaty on the Functioning of the European Union, and in
particular Article 191 thereof, it is competent for entering into international agreements, and for implementing the
obligations resulting therefrom, which contribute to the pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment;
— protecting human health;
— prudent and rational utilisation of natural resources;
— promoting measures at international level to deal with regional or worldwide environmental problems, and in
particular combating climate change.
Moreover, the European Union adopts measures at Union level in the area of judicial cooperation in civil matters for the
proper functioning of its internal market.
The European Union declares that it has already adopted legal instruments, binding on its Member States, covering
matters governed by this Supplementary Protocol. The exercise of Union competence is by nature subject to continuous
development. In order to comply with its obligations under Article 20(3)(a) of the Cartagena Protocol on Biosafety to the
Convention of Biodiversity, the Union will keep up to date the list of legal instruments already transmitted to the
Biosafety Clearing House.
The European Union is responsible for the performance of those obligations resulting from this Supplementary Protocol
which are covered by Union law in force.’

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Document Outline

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