A meeting of experts has been held to discuss liabilities in relation to the treatment of living modified organisms (LMOs) under the Cartagena Protocol on Biosafety.

The technical group of experts on liability and redress in the context of the Cartagena Protocol met from 18-20 October 2004 in Montreal, Canada to undertake the preparatory work needed ahead of the first meeting of an Open-ended Working Group formed to address the issue.
The expert group identified areas where the Open-ended Working Group could benefit from additional information, and asked the Secretariat to arrange for the provision of such information. Information gaps identified by the group included those relating to the scientific analysis and assessment of risks involved in the transboundary movement of LMOs, as well as those dealing with determining damage to the conservation and sustainable use of biodiversity. Other gaps covered issues of socio-economic damage, the availability of financial security to cover liability, and the status of treaties providing for third-party liability.
The group also identified a list of scenarios, options, approaches and issues for further consideration by the Open-ended Working Group. Among the scenarios were those relating to field trials or commercial growing of LMO crops, laboratory tests of LMO viruses, the placing of products containing LMOs on the market, shipment of LMOs, and transboundary movement of LMOs that cause damage to global commons. Other issues that were identified related to the scope of damage resulting from transboundary movements of LMOs, the definition and valuation of damage, and questions of liability and financial security. The report of the meeting.