1. Pilot plant activities in Colombian territory
With respect to the scope of article 3 (a) of the Statutes, which refers to pilot plant activities in the field of genetic engineering and biotechnology, when pilot plants are established in Colombian territory they may not contravene the regulations in force in Colombia regarding management of genetic resources, biosafety, protection of life, health, food production and the cultural integrity of indigenous, black and peasant communities.
2. Functions of the Board of Governors
With regard to the scope of article 6, paragraph 2 (a), which specifies that the Board of Governors shall determine the general policies and principles governing the activities of the Centre, it is to be understood that when this provision is applied in Colombia it shall not contravene the domestic, supranational or international legal provisions regarding biosafety, management of genetic resources, and protection of biological, ethnic and cultural diversity and of life, health and food production.
3. Attributions of the Council of Scientific Advisers
Likewise, the Government of the Republic of Colombia makes the following statement with regard to the function of the Council of Scientific Advisers provided for in article 7, paragraph 4 (e), of the Statutes, giving it the power to approve safety regulations for the Centre, in other words the safety regulations governing the research work approved by the Council of Scientific Advisers. These provisions, when applied in Colombia, may not contravene the regulations in force in Colombia regarding management of genetic resources, biosafety, and protection of biological, ethnic and cultural diversity and of life, health and food production.
4. Intellectual property rights and patents
With respect to article 6, paragraph 2 (e), which specifies that one of the functions of the Board of Governors is to "Establish ...rules which regulate patents, licensing, copyrights and other rights to intellectual property, including the transfer of results emanating from the research work of the Centre", the Government of the Republic of Colombia considers that these powers of the Board of Governors must be exercised in conformity with and subject to the national, supranational and international provisions in force in relation to industrial and intellectual property, especially with regard to the rights of ethnic and cultural minorities in respect of products derived from their knowledge.
The foregoing declaration also extends to article 14, paragraph 2, of the Statutes, which establishes the Centre's ownership of copyright and patent rights relating to any work produced or developed by the Centre; in other words, these rights must be exercised in conformity with and subject to the national, supranational and international provisions in force in relation to industrial and intellectual property, especially with regard to the rights of ethnic and cultural minorities in respect of products derived from their knowledge.
As a consequence of the foregoing declarations, the Government of the Republic of Colombia states that article 14, paragraph 3, referring to the policy pursued by the Centre to obtain patents or interests in patents on results of genetic engineering and biotechnology developed through projects of the Centre, shall apply in Colombia on the understanding that the rules in force under domestic, supranational and international regulations with regard to industrial and intellectual property will be complied with; specifically, the Governmentof the Republic of Colombia states that the scope of the paragraphs cited in article 14 of the present instrument is to be understood as being subject to the following conditions:
"The Centre may not acquire any right to any work developed or produced on the basis of Colombian biological or genetic material if the development or product is amonghose provided for in articles 6 and 7 of Decision 344 of 1993 of the Commission of the Cartagena Agreement or, in general, contravenes the regimes provided for in Decisions 344 and 345 of 1993 of the Cartagena Agreement" and
"The Centre shall not be able to patent or exercise any right over inventions deriving from traditional knowledge, utilization or exploitation of biological or genetic resources developed by Colombian black, indigenous and peasant communities, except in cases where the national communities, by common agreement and subject to payment of such fees as may be payable under the legislation in force, cede the rights in question."
Likewise, the Government of the Republic of Colombia wishes to indicate with respect to article 14, paragraph 4, dealing with access to intellectual property rights concerning the results emanating from the research work of the Centre by Members and by developing countries that are not Members of the Centre, that this provision must be interpreted in conformity with the principles of equity and reciprocity governing Colombia's international relations. In particular, the Republic of Colombia considers that where such rights are the outcome of research conducted on the basis of Colombian biological or genetic material, Colombia should enjoy particularly favourable access to them.
5. Legal status, privileges and immunities
With respect to article 13, paragraph 2, of the Statutes, whichprovides that the property of the Centre "shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity", the Government of the Republic of Colombia accepts that provision on condition that, in the event of a legal dispute arising between an inhabitant of the national territory and the Centre in which the latter is acting as a private individual or subject to the rules of domestic or supranational law, recourse may be had to the judicial mechanisms prescribed bythe national and international legal order in order that the conflict may be resolved in accordance with the legislation in force in Colombian territory.
With regard to the provisions of paragraph 3 of the same article, which refers to the inviolability of the premises of the Centre and states that wherever located, they shall be immune from search, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative actions, the Republic of Colombia wishes to point out that this provision does not prevent the Colombian authorities from establishing effective control and inspection mechanisms that will enable the State to discharge its inescapable duty of monitoring compliance with the national, supranational and international legislation on biosecurity and protection of natural resources, cultural diversity, life, health and the production of food in Colombian territory.