DATE: 7 NOVEMBER 2005

BRIEFING / MEMORANDUM


TO: THE CHAIR PERSON OF THE PORTFOLIO COMMITTEE ON AGRICULTURE & LAND AFFAIRS: HON MEMBERS OF THE PORTFOLIO COMMITTEE


SUBJECT: BRIEFING OF THE COMMITTEE ON ENETICALLY MODIFIED ORGANISMS AMENDMENT BILL


1. The Department of Agriculture tabled a Genetically Modified Organism Amendment Bill to Cabinet for approval . The Bill was discussed during a Parliamentary Conference in 2003 and published for comment in the Government Gazette during 2004(R2166 of GG26848).


2. The objective of the Bill, as we understand it, is to align the Genetically Modified Organisms (GMO) Act, 1997(Act no. 15 of 1997) with the requirements of the Cartagena Protocol on Biosafety


3. The Cartagena Protocol on Biosafety is an international agreement that sets mechanisms and procedures to control the transboundry transfer , handling and use of living modified organisms (or Act). South Africa is a signatory to the Cartegena Protocol on Biosafety and is therefore obliged to adhere to the provisions stipulated in the Protocol.


4. All government stakeholders, i.e. Department of Health, Department of Science and Technology, Department of Labour and the dti, have been consulted and requested to make inputs regarding South Africa’s ratification of the Cartagena Protocol as well as aligning of the GMO Act with the Cartagena Protocol.


5. The proposed Bill satisfactorily covers all the procedural , notification , handling ,transport, packaging, identification and information sharing requirements as stipulated in the Cartagena Protocol.


6. Although the dti supports the approval of the Genetically Modified Organisms Amendment Bill to align South Africa’s biosafety framework with the Cartagena Protocol on Biosafety, the Protocol is, however , not a stand alone international instrument and as such the amendment of the Bill should also take into account the provision of other international instruments, in particular , the provisions of the Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources(ITPGR) and Article 27.3b of the TRIPS Agreement.


7. The challenge is to achieve a perfect balance between optimal competitiveness in the agricultural and science and technology sectors , the preservation of our natural resources as well as socio economic factors. The right to protect and preserve requires the implementation of regulations, mechanisms and procedures that impact negatively on the free movement of goods and services, which in return impacts negatively on acess to markets and as such on price.


IMAMELENG MOTHEBE

SENIOR MANAGER: AGRO-PROCESSING DUSTRIES