우리나라 LMO 표시제도의 WTO TBT 협정 합치성 연구

Abstract

As per the mandate of Convention on Biological Diversity, the Parties to the Cartagena Protocol on Biosafety concluded their negotiations to ensure an adequate level of protection in the field of the safe transfer, handling and use of LMO resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity. Especially, Article 18 of the Protocol requires that LMOs that are subject to international transboundary movement are handled, packaged and transported under conditions of safety. To achieve the objective of Article 18 of the Protocol, Article 18.2requires that documentation accompanying LMOs for direct use as FFP clearly identifies that they "may contain" LMOs; for contained use-LMOs, any requirements for the safe handling, storage,transport and use,, the contact point for further information,including the name and address of the individual and institution to whom LMOs are consigned; and for LMO that are intended for intentional introduction into the environment, the identity and relevant traits and/or characteristics, any requirements for the safe handling, storage, transport and use, the contact point for further information and as appropriate, the name and address of the importer and exporter. As an implementation of this Protocol, Korea enacted the so-called "LMO Statute and various directives" in 2001, with the entry into force in 2007. However, these directives contain different and stringent handling, packaging, labelling and transportation requirement depending on the intended use of LMO. Certain requirements of these directives constitute the technical regulations in WTO TBT Agreement, and could be alleged to be more stringent than those in WTO TBT Agreement. Article 2.2 of TBT Agreement requires that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. Furthermore, it demands that "technical regulation" shall not be more trade-restrictive than necessary to fulfil a legitimate objective,taking account of the risks non-fulfillment would create. The definition of "technical regulation" is the "document which lays down product characteristics or their related processes and production methods, including the applicable administrative provisions, with which compliance is mandatory, including terminology, symbols,packaging, marking or labelling requirements as they apply to a product, process or production method. The purpose of this Paper is to compare and analyse the requirements under the Cartagena Protocol, WTO TBT Agreement,and Korea's LMO related regulations.