MOP4

Biotech Companies COMPACTing their responsibilties

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October 2012

Antje Lorch

In May 2008, on the eve of MOP4 in Bonn, six major biotech companies suddenly presented their "Compact" in an effort to undermine the then still ongoing negotiations about Liability and Redress. The Parties decided against it, continued negotiating and finally - at MOP5 in Nagoya - adopted the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress.
Unfortunately that doesn't mean that we have seen the end of the Compact. Four years later and the same six companies (Monsanto, DuPont/Pioneer, Dow Agro Sciences, Syngenta, BASF and Bayer CropScience) together with the Global Industry Coalition (GCI) are still lobbying for it - but now they claim that they never wanted to stand in the way of the Supplementary Protocol, that they just want to provide countries with different options.
The text of the Compact has been amended since its first version, but the basic issues are still the same as they were at their presentations four and two years ago.

Narrow definition of damage

The Compact does not in any way address traditional damage, i.e. damage to property, health and life, other than damage to biological diversity as defined in the Compact. From this, it follows that a major portion of potential damage, such as damage to farmers and their livelihoods and health, will not be covered. (see D. Currie 2010, ECO 34(2)) Only significant damage to biodiversity going to be covered. What does this mean?
The Compact does not cover contamination, nor damages of which the Compact Tribunal assumes that they will heal by themselves; nor possible adverse effects addressed in the official risk assessment of the Competent Authority; nor on species for which solid baseline with all its natural variations has not been established (Compact, Art. 8).

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