Access to genetic resources and sharing of benefits arising from their utilisation (Nagoya Protocol)

SUMMARY OF:

Nagoya Protocol

Decision 2014/283/EU on the conclusion, on behalf of the EU, of 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

WHAT IS THE AIM OF THE PROTOCOL AND THE DECISION?

The Nagoya Protocol is a protocol to the Convention on Biological Diversity (CBD), first signed by world leaders in 2010. The EU is a party to the CBD, together with 193 countries. The protocol aims to share out the benefits of using genetic resources in a fair and equitable way.
The decision officially approves 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’ on behalf of the European Union (EU). Through this approval, the EU has become legally bound to the protocol, which is an important agreement on the international governance of biodiversity.

KEY POINTS

By approving the protocol on 16 May 2014, the EU contributed to the required 50 ratifications worldwide which enabled the Nagoya Protocol to come into force on 12 October 2014. As a result, the first meeting of the parties to the protocol (COP-MOP 1) took place at the biennial high-level meeting of the Convention on Biological Diversity (CBD) from 13-17 October 2014 in South Korea, at the same time as the 12th meeting of the Conference of the Parties to the CBD (COP 12).

Access and benefit sharing

The Nagoya Protocol implements the third aim of the CBD, access and benefit sharing (ABS), which focuses on the fair and equitable sharing of the benefits arising from the use of genetic resources, including by appropriate access to genetic resources and appropriate transfer of relevant technologies.
Genetic resources are genetic materials of actual or potential value, from natural or cultivated stocks (e.g. seed banks or botanical gardens). These resources are typically used by a wide range of sectors in nature-based research and development as a basis for innovation, such as for new medicines, chemicals or cosmetics.
The CBD recognises countries’ sovereign rights over their natural resources. ABS in the context of the Nagoya Protocol is based on this principle. Parties to the protocol have the authority to decide whether they wish to regulate access to their genetic resources and set out conditions for the sharing of benefits (e.g. through rules and procedures for prior informed consent and the negotiations of mutually agreed terms with the user of genetic resources).
The Nagoya Protocol also applies to the use of traditional knowledge associated with genetic resources held by indigenous peoples and local communities.
The protocol sets out mandatory rules on compliance for all parties, in order to monitor the use of genetic resources once they leave the provider country.
The protocol will create greater legal certainty and transparency for both providers and users of genetic resources, whilst promoting benefit-sharing. The benefits generated and shared under the guidance of the protocol should contribute to support the conservation of biological diversity and the sustainable use of its components (the first and second aims of the CBD).

Regulation (EU) No 511/2014, the access and benefit sharing regulation (ABS Regulation), which implements the compliance measures of the Nagoya Protocol at the EU level, entered into force on 9 June 2014 and has applied since the Nagoya Protocol itself entered into force for the EU, on 12 October 2014.

Implementing Regulation (EU) 2015/1866 contains measures on specific aspects provided for in the ABS Regulation, in particular registered collections, best practices and monitoring of user compliance. It was adopted by the European Commission on 13 October 2015, and entered into force on 9 November 2015.

DATE OF ENTRY INTO FORCE

The protocol entered into force on 12 October 2014, 90 days after the date of deposit of the 50th instrument of ratification.

BACKGROUND

For more information, see:

The Nagoya Protocol on Access and Benefit-sharing (Convention on Biological Diversity)
Sharing nature’s genetic resources – ABS (European Commission).

MAIN DOCUMENTS

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 (OJ L 150, 20.5.2014, pp. 234-249)

Council Decision 2014/283/EU of 14 April 2014 on the conclusion, on behalf of the European Union, of 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 (OJ L 150, 20.5.2014, pp. 231-233)