Article 13. Simplified procedure
1. A Party of import may, provided that adequate measures are applied to ensure the safe intentional transboundary movement of living modified organisms in accordance with the objective of this Protocol, specify in advance to the Biosafety Clearing-House:
(a) Cases in which intentional transboundary movement to it may take place at the same time as the
movement is notified to the Party of import; and
(b) Imports of living modified organisms to it to be exempted from the advance informed agreement
Notifications under subparagraph (a) above, may apply to subsequent similar movements to the same Party.
2. The information relating to an intentional transboundary movement that is to be provided in the notifications referred to in paragraph 1 (a) above, shall be the information specified in Annex I.
389. Article 13 represents another example of the discretion that the Protocol leaves to Parties of import in how they address potential imports of LMOs for intentional introduction into the environment.
390. Under Article 13(1)(a), a Party of import may indicate that certain transboundary movements of LMOs to it may take place on the basis of a mere notification to the Party of import.
391. Under Article 13(1)(b), a Party of import may indicate that it will exempt certain imports of LMOs from the AIA procedure.
392. Parties which intend to utilize Article 13(1)(a) or (b) must notify to the Biosafety Clearing-House the LMOs to which such procedures will apply.
393. It should be emphasized that this “exception” to AIA operates at the domestic level only –i.e. it is only proposed imports of the specified LMO to the Party of import in question that are affected. Transboundary movements of the same LMO to all other Parties remain subject to the Protocol's AIA procedure.
394. A Party may only avail itself of the simplified procedure in Article 13 if “adequate measures are applied to ensure the safe intentional transboundary movement of living modified organisms in accordance with the objective of this Protocol”. This proviso is intended to provide a minimum level of protection below which no Party should fall. No supervisory mechanism for Article 13 is established in the Protocol. However, this may be an issue which could be addressed, if necessary, under the compliance procedures and mechanisms which are to be adopted under Article 34 of the Protocol.
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