The Nagoya Protocol and ABS

 

The Nagoya Protocol and the various regulations on access and benefit-sharing are the result of the global recognition that biodiversity is being eroded worldwide due in particular to the lack of resources in developing countries invested in its protection. The main objective of these regulations is therefore to prevent "bio-piracy" and to regulate relations between the owner (State) of the resource and the user in order to ensure sustainable and equitable conservation.

In particular, the Nagoya Protocol recognizes the sovereignty of States over their genetic resources (GR) and the rights of peoples over the Traditional Knowledge (TK) associated with these resources.

It aims at the fair and equitable sharing of benefits arising out of the utilization of genetic resources: "Any material of plant, animal, fungal, microbial or other origin containing functional units of heredity of actual or potential value" (CBD definition) for research purposes.

IMPLEMENTATION OF THE PROTOCOL WITHIN AMU

1. I am a researcher at AMU and I wish to collect a GR as part of a funded project in a foreign country :

The texts adopted are the Convention on Biological Diversity (CBD) adopted in 1992 and the Nagoya Protocol adopted in 2010.

What do I have to do?

1. Ask myself if I am in the presence of a GR or TK that could belong to a State or an Indigenous Community.
2. What do I want to do with RG?
3. Has the State of ownership ratified the Nagaoya Protocol and/or has it ABS regulations?

I'm checking out the website: https://absch.cbd.int/en/countries and I find the point of contact in the supplier country...

4. I request authorization to harvest the resource from the focal point (Prior Intent Consent - PIC).

Please note that without this authorisation, the sample cannot be taken*.

5. Once authorization is obtained, I can take the resource, then a contract must be drawn up to include the conditions for benefit sharing (Material Transfer Agreement or a MAT between the provider country and AMU).

If the country is part of the European Union and has ratified the Nagoya Protocol:

I have to obtain a certificate of access to the resource BY MAKING A DUE DILIGENCE DDD declaration

(model declarations in Annexes I and II of the European Regulation).

(objective: to trace the GR and its use in accordance with the authorization)

This declaration is requested for the ANR and H2020 projects

2. I am an AMU researcher and I wish to collect a GR as part of a project funded under French sovereignty :

What should I do?

The two relevant ministries must be contacted:

1. I make my declaration of due diligence (objective to trace the GR and its use in accordance with the authorization) DDD to the Ministry of Research (MESRI) if the research is carried out in France
2. Contact the Ministry of Ecological Transition to download the CERFA forms.

Declaration

• Cerfa form n°15786 - Declaration for access to genetic resources of non-domesticated animal or non-crop plant species and sharing of benefits arising from their use

Authorization

 Cerfa form n°15784 - Application for authorization for access to traditional knowledge associated with genetic resources of non-domesticated animal or non-crop plant species, and sharing of benefits arising from their use

 Form cerfa n°15785 - Request for authorization for access to genetic resources of non-domesticated animal or non-cultivated plant species, and the sharing of benefits arising from their use.

AMU procedure :

• The researcher must contact the campus GVRD as soon as the research project is set up.
• The researcher should contact the local point in the supplying country.
• In case of no response from the focal point, the sending of 2/3 e-mails and the respect of a sufficient response time (1 month) is considered as authorisation to collect the money.
• These forms are to be completed and returned to the Campus DRV for signature by the legal representative, the President of the University.

WARNING are not covered by the Nagoya Protocol:

-human GR

- GR outside national jurisdiction: Antarctic and High Seas.

• GRs , irrespective of their origin covered by the ITPGRFA (FAO International Treaty on Plant Genetic Resources for Research, Breeding and Training for Food and Agriculture and the 64 resources in Annex I, )ü

-WHO's framework for pandemic influenza preparedness.