The Nagoya Protocol on Access and Benefit Sharing
On October 12th, 2014, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (short: “Nagoya Protocol”) entered into force.
The topic of Access and Benefit Sharing and its implementation are very complex, especially for users of microbial resources. MIRRI is addressing these issues and aims at providing an operational framework that will assure compliance. The information given below concerns only part of the implementation process of the Nagoya Protocol. For a comprehensive overview please use the links provided in the section ‘Further reading’ or contact your national focal point.
What is the Nagoya Protocol? What are its aims?
It is an instrument for implementing the third objective of the Convention on Biological Diversity (CBD) – the fair and equitable sharing of benefits arising from the utilisation of genetic resources. It also includes the appropriate access to these genetic resources. Both issues are also known as access and benefit sharing, in short ABS. It is important to know that the Nagoya Protocol not only affects genetic resources, but also the traditional knowledge associated with them.
As from October 12th, 2014, the new Regulation (EU) No 511/2014 will also apply. This Regulation establishes rules for users and providers of genetic resources in the European Union in order to comply with the Nagoya Protocol.
How will the ABS be implemented?
The Nagoya Protocol provides guidelines for a clear and transparent legally binding framework, describing
- how to access genetic resources
- how benefits arising from utilisation of genetic resources will be shared
The ABS Clearing House (ABS-CH) is a platform for exchanging information on ABS and a key tool for implementation of the Nagoya Protocol; it provides useful information for users and providers of genetic resources, e.g. on who are the competent national authorities or what documents are needed.
Obligations for users of genetic resources in the EU as laid down in Art. 4 of the Regulation (EU) No 511/2014, include, among others:
- users should “exercise due diligence”, i.e. ascertain that genetic resources and associated traditional knowledge they utilise have been accessed in accordance with applicable ABS legislation
- users must fairly and equitably share benefits arising from the utilisation of the genetic resources, in agreement with mutually agreed terms and in accordance with legal requirements
- genetic resources and associated traditional knowledge shall only be transferred and utilised in accordance with mutually agreed terms (if required)
- users shall seek, keep and transfer to subsequent users the internationally recognised certificate of compliance (IRCC), information on the content of the mutually agreed term for subsequent users, etc.
- users shall keep the information relevant to ABS for 20 years after he end of the period of utilisation
Furthermore, users shall report to check-points with national authorities where such is required [see Regulation (EU) No 511/2014, Art. 7]
Additional user obligations may be included in national laws implementing the Regulation in individual EU Member States.
Registered collections [see Regulation (EU) No 511/2014, Art. 5]
If collections fulfil specific requirements, they may be included in the Register of collections. Users obtaining resources from such a registered collection are considered to have exercised due diligence as regards the seeking of information listed in Art. 4(3).
Currently, MIRRI is developing strategies and tools to ensure that participating mBRCs (microbial domain Biological Resource Centres) comply with the Nagoya Protocol. The MIRRI Best Practice Manual on ABS can be accessed here.
In addition, it is planned to establish expert clusters which are available for consultancy regarding ABS issues.
These actions will support users as well as providers of microbial resources to utilise the material in a legally compliant way.
USEFUL LINKS
Infos regarding the Nagoya Protocol:
European Commission website
CBD website
FURTHER READING:
Text of the Regulation (EU) No 511/2014
Text of the Convention on Biological Diversity
Review on Access to and use of marine genetic resources: understanding the legal framework