Liability and redress in the context of the Protocol concerns the question of what would happen if the transboundary movement of LMOs has caused damage. The Ad Hoc Group on Liability and Redress was established by COP/MOP-1, in accordance with, and to carry out the process required by, the provision of Article 27 of the Protocol. According to its terms of reference, the Group shall undertake the following tasks:

•       review the information relating to liability and redress for damage resulting from transboundary movements of LMOs;

•       analyze general issues relating to the potential and/or actual damage scenarios of concerns, and application of international rules and procedures on liability and redress to the damage scenarios; and

•       elaborate options for elements of rules and procedures on liability and redress, including definition and nature of damage, valuation of damage to biodiversity and to human health, threshold of damage, causation, channeling of liability, roles of Parties of import and export, standard of liability, mechanisms of financial security and right to bring claims.

The Group shall report on its activities to the COP/MOP and complete its work in 2007.

To prepare for this meeting, a Technical Group of Experts on Liability and Redress was convened from 18-20 October 2004, in Montreal, Canada.