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Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety
The Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety was adopted in Nagoya, Japan, in October 2010. The Supplementary Protocol provides international rules and procedures in the field of liability and redress relating to living modified organisms.
Liability of environmental harm (articles 2, 5 and 9)
For the purposes of this Supplementary Protocol: "Damage" means an adverse effect on the conservation and sustainable use of biological diversity, taking also into account risks to human health (...); "Response measures" means reasonable actions to: (i) Prevent, minimize, contain, mitigate, or otherwise avoid damage, as appropriate; (ii) Restore biological diversity through actions to be undertaken in the following order of preference: a. Restoration of biological diversity to the condition that existed before the damage occurred, or its nearest equivalent; and where the competent authority determines this is not possible; b. Restoration by, inter alia, replacing the loss of biological diversity with other components of biological diversity for the same, or for another type of use either at the same or, as appropriate, at an alternative location.
Parties shall require the appropriate operator or operators, in the event of damage, subject to any requirements of the competent authority, to: (a) Immediately inform the competent authority; (b) Evaluate the damage; and (c) Take appropriate response measures. The competent authority shall: (a) Identify the operator which has caused the damage; (b) Evaluate the damage; and (c) Determine which response measures should be taken by the operator.
This Supplementary Protocol shall not limit or restrict any right of recourse or indemnity that an operator may have against any other person.
Access to justice / Right to appeal (article 12)
Parties shall provide, in their domestic law, for rules and procedures that address damage. To implement this obligation, Parties shall provide for response measures in accordance with this Supplementary Protocol and may, as appropriate: a) Apply their existing domestic law, including, where applicable, general rules and procedures on civi1liability; b) Apply or develop civil liability rules and procedures specifically for this purpose; or c) Apply or develop a combination of both. 2. Parties shall, with the aim of providing adequate rules and procedures in their domestic law on civil liability for material or personal damage associated with the damage as defined in Article 2, paragraph 2 b): a) Continue to apply their existing general law on civil liability; b) Develop and apply or continue to apply civil liability law specifically for that purpose; or c) Develop and apply or continue to apply a combination of both.