Cartegena Protocol on Biosafety to the Convention on Biological Diversity

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
Canada	Yes	No
China	Yes	No
Denmark	Yes	No
Estonia	Yes	No
EU (European Union)	Yes	No
Luxembourg	Yes	No
New Zealand	Yes	No
Palestine	Yes	No
Spain	Yes	No
Syria	Yes	No

Canada

16-01-2015

The Permanent Mission of Canada to the United Nations presents its compliments to the Secretary-General of the United Nations and has the honour to refer to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity and the Secretary-General's communication of 6 January 2015, C.N.4.2015.TREATIES-XXVII.8.a, relating to that treaty. The Permanent Mission of Canada notes that this communication was made pursuant to the Secretary-General's capacity as Depositary for the Cartagena Protocol on Biosafety to the Convention on Biological Diversity. The Permanent Mission of Canada notes the technical and administrative role of the Depositary, and that it is for States Parties to a treaty, not the Depositary, to make their own determination with respect to any legal issues raised by instruments circulated by a depositary.
In that context, the Permanent Mission of Canada notes that 'Palestine' does not meet the criteria of a state under international law and is not recognized by Canada as a state. Therefore, in order to avoid confusion, the Permanent Mission of Canada wishes to note its position that in the context of the purported Palestinian accession to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, 'Palestine' is not able to accede to this convention, and that Canada considers the declaration made the 'State of Palestine' to be without any legal validity or effect.

China

08-06-2005

In accordance with the provisions of Article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Protocol shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China until the Government of the People's Republic of China notifies otherwise.

09-05-2011

In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Protocol applies to the Hong Kong Special Administrative Region of the People's Republic of China.

Denmark

27-08-2002

With a territorial exclusion in respect of the Faroe Islands and Greenland.

Estonia

24-03-2004

... pursuant to Article 19 paragraph 1 of the Protocol, the Republic of Estonia designated the Ministry of Environment as the national focal point and the Ministry of Environment, the Ministry of Social Affairs and the Ministry of Agriculture as the competent national authorities.

EU (European Union)

27-08-2002

The European Community declares that, in accordance with the Treaty establishing the European Community, and in particular Article 175(l) thereof, it is competent for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental problems.
Moreover, the European Community declares that it has already adopted legal instruments, binding on its Member States, covering matters governed by this Protocol, and will submit and update, as appropriate, a list of those legal instruments to the Biosafety Clearing House in accordance with Article 20(3)(a) of the Cartagena Protocol on Biosafety.
The European Community is responsible for the performance of those obligations resulting from the Cartagena Protocol on Biosafety which are covered by Community law in force.
The exercise of Community competence is, by its nature, subject to continuous development.

Luxembourg

28-08-2002

Désignation de l'autorité nationale compétente et correspondant national
Ministère de la Santé
Allée Marconi
Villa Louvigny
L-2120 Luxembourg
Fax: [phone]
E-mail: [e-mail]

New Zealand

24-02-2005

... consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.

Palestine

06-02-2015

The Permanent Observer of the State of Palestine to the United Nations presents his compliments to the Secretary-General of the United Nations, in his capacity as Depositary, and has the honor to refer to depositary notification C.N.59.2015.TREATIES-XXVII.8.a, dated 23 January 2015, conveying a communication of Canada regarding the accession of the State of Palestine to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, dated 29 January 2000.
The Government of the State of Palestine regrets the position of Canada and wishes to recall United Nations General Assembly resolution 67/19 of 29 November 2012 according Palestine ‘non-member observer State status in the United Nations’. In this regard, Palestine is a State recognized by the United Nations General Assembly on behalf of the international community.
As a State Party to the Cartagena Protocol on Biosafety to the Convention on Biological Diversity, which enters into force on 2 April 2015, the State of Palestine will exercise its rights and honor its obligations with respect to all States Parties. The State of Palestine trusts that its rights and obligations will be equally respected by its fellow States Parties.

Spain

09-07-2014

1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly.
2. The authorities of Gibraltar are local in character, and exercise competences exclusively over internal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory.
3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Protocol shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs.
4. The procedure envisaged in the Arrangements relating to Gibraltar authorities in the context of certain international treaties, which were agreed to by Spain and the United Kingdom on 19 December 2007 (together with "Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties" of 19 April 2000) applies to the present Protocol.
5. The application to Gibraltar of the present Protocol cannot be interpreted as recognition of any rights or situations involving matters not included in Article 10 of the Treaty of Utrecht of 13 July 1713, signed by the crowns of Spain and Great Britain.

Syria

01-04-2004

[The Government of the Syrian Arab Republic]... affirms, however, that the accession of the Syrian Arab Republic to the said Protocol in no way signifies recognition of Israel nor shall it be conducive to entry into any dealings therewith in respect of matters governed by that Protocol.