Liability
and redress in the context of the Protocol concerns the question of
what would happen if the transboundary movement of LMOs has caused
damage. The Ad Hoc Group
on Liability and Redress was established by COP/MOP-1, in accordance
with, and to carry out the process required by, the provision of Article
27 of the Protocol. According to its terms
of reference, the Group shall undertake the following tasks:
-
review the information relating to liability and redress
for damage resulting from transboundary movements of LMOs;
-
analyze general issues relating to the potential and/or
actual damage scenarios of concerns, and application of
international rules and procedures on liability and redress to
the damage scenarios; and
-
elaborate options for elements of rules and procedures on
liability and redress, including definition and nature of
damage, valuation of damage to biodiversity and to human health,
threshold of damage, causation, channeling of liability, roles
of Parties of import and export, standard of liability,
mechanisms of financial security and right to bring claims.
The
Group shall report on its activities to the COP/MOP and complete its
work in 2007.
To
prepare for this meeting, a Technical Group of Experts on Liability
and Redress was convened from 18-20 October 2004, in Montreal,
Canada.
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