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INDONESIA’S POLICY POSITION ON
CARTAGENA PROTOCOL ON BIOSAFETY




      Sugeng Harmono
        Biosafety Division
     Ministry of Environment

   Hotel Borobudur, 1 Juni 2011
Introduction

Policy & Regulation

Institution

Release & Distribution

Next Agenda
INTRODUCTION

As a megabiodiversity country Indonesia is very concerned
with the conservation and sustainable use of biodiversity.
On the other hand, due to the struggle in providing food for its
large population, Indonesia is also extremely concerned with
food security..
Indonesia believes in the potential of Genetically Engineered
Product for food production, medicine development and
human health.
However, biotechnology application may create some risk on
environment, biological diversity, and human health
Indonesia has been aware of the controversy about the safety
aspects of modern biotechnology, and chooses to take the
precautionary approach to avoid the potential adverse
impacts on food and animal safety as well as the environment
Cartagena Protocol

Indonesia has been ratified UN Convention on
Biological Diversity in 1994 by Law of 5, 1994.
Biosafety is one of the issues addressed by the
Convention on Biological Diversity. This concept
refers to the need to protect human health and the
environment from the possible adverse effects of the
products of modern biotechnology.
In May 2000, Indonesia signed the Cartagena
Protocol and on October 19th, 2004, the President of
the Republic of Indonesia signed Law No 21, 2004
on Ratification of Cartagena Protocol.
Objective of the Protocol

    to contribute to ensuring an adequate level of
 protection in the field of the safe transfer, handling
and use of living modified organisms resulting from
modern biotechnology that may have adverse effects
on the conservation and sustainable use of biological
  diversity, taking also into account risks to human
 health, and specifically focusing on transboundary
                      movements.
Legal & Administratif
       Implication

Each Party shall take necessary and appropriate
legal, administrative and other measures to
implement its obligations under this Protocol.
• Ratify the Protocol
• Development national regulation on
  Biotechnology
• Establish an institutional arrangement to
  implement the protocol and the regulation
Regulation
Law No. 32 of 2009 on Environmental Protection &
Management
Law No. 7 of 1996 on Food
Law No. 18 of 2002 on National System Research,
Development and Application of Science and Technology
Law No. 18 of 2004 on Plantation
Law No. 23 of 1992 on Health
Law No. 23 of 1992 on Animal, Fish, and Plant Quarantine
Law No. 41 of 1999 on Forestry
Government Regulation No. 21 of 2005 on Biosafety of
Genetically Engineered Product
Presidential Decree No. 39 of 2010 on Biosafety Commision of
Genetically Engineered Product
INSTITUTIONAL ARRANGEMENT

Biosafety Commision
Establish by Presidential Decree No. 39/2010
Biosafety Technical Team
In the establishment process.
Biosafety Clearing House
Regarding Article 20 of the Cartagena Protocol, Indonesia
has been establish a Biosafety Clearing House to facilitate the
exchange of scientific, technical , environmental and legal
information on LMO. BCH is coordinated by Ministry of
Environment in cooperation with Indonesia Institute of
Science
Secretariat of Biosafety Commission
Law 32/2009
Every activities may create important risk on
environment, biodiversity and human health
and human safety have to carry out
Environmental Risk Analysis
• Risk Assessment
• Risk Management
• Risk Communication
Government Regulation 21/2005

The purpose of this Government Regulation:
  to realize environmental safety, food safety and or
 animal feed safety of GEP and its use in the area of
 agriculture, fishery, forestry, industry, environment
 and non pharmaceutical health.
 to improve efficiency and effectiveness of GEP use
 for people welfare based on principle of health and
 biological resource management, consumer
 protection and certainty in operating business
Government Regulation 21/2005

Principle
 Arrangement applied in this government regulation
 is a precautionary approach in realizing
 environmental safety, food safety and or animal feed
 safety
 based on an accurate scientific method by
 considering religious, ethic, socio- cultural
 and esthetic norms.
Government Regulation 21/2005
Scope
  Type & requirement of Genetically Engineering
  Product (GEP);
  Research & Development of GEP;
  Importance of GEP from abroad;
  Assesment, Release and Distribution and use of
  GEP;
  Supervision & control of GEP;
  Institution;
  Finance.
ASSESSMENT, RELEASE AND
     DISTRIBUTION, AS WELL AS USE OF GEP

Assessment of GEP shall be conducted prior to release and
distribution
Biosafety Commision to conduct assessment
In the event that the assessment relates to technical
evaluation, KKH assign TTKH to conduct assessment of
technical document and advanced test.
BKKH to publicize the summary of the result of GEP
assessment conducted by TTKH through mass media both
printed and electronic in addition to official news
Based on the result of TTKH’s assessment and input from the
community, KKH shall propose its recommendation
Competent Minister or Competent Head of LPNK shall use
the certificate and recommendation as basis for consideration
for the issuance of Decree on the Release and or Distribution
of the said GEP, in accordance with applicable legislations.
Recommendation
                  Process for Environmental Safety

                                                4. Aplication for Recomendation
                                                                                       5. MOE
                  3. Competent
                     Minister                            16. Recommendation
                                                               (safe/not)




                                                                                     Recomendation
                                                                                     Recomendation
                                                                                      15. Proposed



                                                                                                      6. Assign
                          17. Final Decission
 2. Application




                                                                                          Proposed



                                                                                                         Assign
                              Final Decission
    Application




                                                         14.Report CR


                                                 12.BCH                           10.Biosafety
                                                                                  Commision




                                                                                                     7.
                                                                                       9. Result
                                                            11. Assign




                                                                                                     Assign
1. APPLICANT

                                           13.Community
                                           Response (CR)                          8. Biosafety TT
Competent Authority

Environmental safety: Ministry of Environment
(MoE)
Variety Release, Feed Release: Ministry of
Agriculture
Fish Release: Ministry of Marine and Fisheries
Trees Release : Ministry of Forestry
Food release: Food & Drug Control Agency
What Next ???
Next Agenda

Development Goverment Regulation on Risk Assesment
of GEP
Develop Ministerial Environment Decree Environmental
Risk Assesment of GEP
Formulate Procedure for GEP research and development
Provide biosafety test guide for laboratory and limited
test facility
Establish a Guide to monitoring the impact and risk
management of distributed GEP on the environment
Develop Regulation on withdrawal GEP that create
negative impact to the environment
MOP 5 Cartagena Protocol

Adoption Process to the Nagoya Kuala Lumpur
Suplementary Protocol on Liability and Redress
Formulate Second National Report on
Implementation Cartagena Protocol
Any Question
Indonesia policy on biosafety 2011

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Indonesia policy on biosafety 2011

  • 1. INDONESIA’S POLICY POSITION ON CARTAGENA PROTOCOL ON BIOSAFETY Sugeng Harmono Biosafety Division Ministry of Environment Hotel Borobudur, 1 Juni 2011
  • 3. INTRODUCTION As a megabiodiversity country Indonesia is very concerned with the conservation and sustainable use of biodiversity. On the other hand, due to the struggle in providing food for its large population, Indonesia is also extremely concerned with food security.. Indonesia believes in the potential of Genetically Engineered Product for food production, medicine development and human health. However, biotechnology application may create some risk on environment, biological diversity, and human health Indonesia has been aware of the controversy about the safety aspects of modern biotechnology, and chooses to take the precautionary approach to avoid the potential adverse impacts on food and animal safety as well as the environment
  • 4. Cartagena Protocol Indonesia has been ratified UN Convention on Biological Diversity in 1994 by Law of 5, 1994. Biosafety is one of the issues addressed by the Convention on Biological Diversity. This concept refers to the need to protect human health and the environment from the possible adverse effects of the products of modern biotechnology. In May 2000, Indonesia signed the Cartagena Protocol and on October 19th, 2004, the President of the Republic of Indonesia signed Law No 21, 2004 on Ratification of Cartagena Protocol.
  • 5. Objective of the Protocol to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health, and specifically focusing on transboundary movements.
  • 6. Legal & Administratif Implication Each Party shall take necessary and appropriate legal, administrative and other measures to implement its obligations under this Protocol. • Ratify the Protocol • Development national regulation on Biotechnology • Establish an institutional arrangement to implement the protocol and the regulation
  • 7. Regulation Law No. 32 of 2009 on Environmental Protection & Management Law No. 7 of 1996 on Food Law No. 18 of 2002 on National System Research, Development and Application of Science and Technology Law No. 18 of 2004 on Plantation Law No. 23 of 1992 on Health Law No. 23 of 1992 on Animal, Fish, and Plant Quarantine Law No. 41 of 1999 on Forestry Government Regulation No. 21 of 2005 on Biosafety of Genetically Engineered Product Presidential Decree No. 39 of 2010 on Biosafety Commision of Genetically Engineered Product
  • 8. INSTITUTIONAL ARRANGEMENT Biosafety Commision Establish by Presidential Decree No. 39/2010 Biosafety Technical Team In the establishment process. Biosafety Clearing House Regarding Article 20 of the Cartagena Protocol, Indonesia has been establish a Biosafety Clearing House to facilitate the exchange of scientific, technical , environmental and legal information on LMO. BCH is coordinated by Ministry of Environment in cooperation with Indonesia Institute of Science Secretariat of Biosafety Commission
  • 9. Law 32/2009 Every activities may create important risk on environment, biodiversity and human health and human safety have to carry out Environmental Risk Analysis • Risk Assessment • Risk Management • Risk Communication
  • 10. Government Regulation 21/2005 The purpose of this Government Regulation: to realize environmental safety, food safety and or animal feed safety of GEP and its use in the area of agriculture, fishery, forestry, industry, environment and non pharmaceutical health. to improve efficiency and effectiveness of GEP use for people welfare based on principle of health and biological resource management, consumer protection and certainty in operating business
  • 11. Government Regulation 21/2005 Principle Arrangement applied in this government regulation is a precautionary approach in realizing environmental safety, food safety and or animal feed safety based on an accurate scientific method by considering religious, ethic, socio- cultural and esthetic norms.
  • 12. Government Regulation 21/2005 Scope Type & requirement of Genetically Engineering Product (GEP); Research & Development of GEP; Importance of GEP from abroad; Assesment, Release and Distribution and use of GEP; Supervision & control of GEP; Institution; Finance.
  • 13. ASSESSMENT, RELEASE AND DISTRIBUTION, AS WELL AS USE OF GEP Assessment of GEP shall be conducted prior to release and distribution Biosafety Commision to conduct assessment In the event that the assessment relates to technical evaluation, KKH assign TTKH to conduct assessment of technical document and advanced test. BKKH to publicize the summary of the result of GEP assessment conducted by TTKH through mass media both printed and electronic in addition to official news Based on the result of TTKH’s assessment and input from the community, KKH shall propose its recommendation Competent Minister or Competent Head of LPNK shall use the certificate and recommendation as basis for consideration for the issuance of Decree on the Release and or Distribution of the said GEP, in accordance with applicable legislations.
  • 14. Recommendation Process for Environmental Safety 4. Aplication for Recomendation 5. MOE 3. Competent Minister 16. Recommendation (safe/not) Recomendation Recomendation 15. Proposed 6. Assign 17. Final Decission 2. Application Proposed Assign Final Decission Application 14.Report CR 12.BCH 10.Biosafety Commision 7. 9. Result 11. Assign Assign 1. APPLICANT 13.Community Response (CR) 8. Biosafety TT
  • 15. Competent Authority Environmental safety: Ministry of Environment (MoE) Variety Release, Feed Release: Ministry of Agriculture Fish Release: Ministry of Marine and Fisheries Trees Release : Ministry of Forestry Food release: Food & Drug Control Agency
  • 17. Next Agenda Development Goverment Regulation on Risk Assesment of GEP Develop Ministerial Environment Decree Environmental Risk Assesment of GEP Formulate Procedure for GEP research and development Provide biosafety test guide for laboratory and limited test facility Establish a Guide to monitoring the impact and risk management of distributed GEP on the environment Develop Regulation on withdrawal GEP that create negative impact to the environment
  • 18. MOP 5 Cartagena Protocol Adoption Process to the Nagoya Kuala Lumpur Suplementary Protocol on Liability and Redress Formulate Second National Report on Implementation Cartagena Protocol