Insights from ASTA.V&F Seed Conference 2015 on Nagoya Protocol & ABS Mechanisms
ASTA V&F Seed Conference 2015 - EI WG
Nagoya Protocol
Presentation by
Rob Keene, Enza Zaden
ABS (Access and benefit Sharing) provisions in the CBD
(Convention for Biological Diversity) (194 member states)
not sufficiently elaborated
No appropriate national legislation and therefore
ultimately no benefit sharing
Developing countries especially felt that benefit sharing
was not taking place
ASTA V&F Seed Conference 2015 - EI WG
A binding system was needed
Which resulted in the Nagoya Protocol in 2010
Access and Benefit Sharing regulates the access and use
of genetic resources and traditional knowledge, and the
sharing of benefits stemming from this use between
providers and users.
Access to plants etc nowadays cannot be assumed as
given, and may not be for free
ASTA V&F Seed Conference 2015 - EI WG
What does the NP regulate:
Defines access rules and regulations
Establishes benefit sharing agreements
Assures compliance in user countries
Important to note, the NP recognizes specialized ABS
regimes, genetic resources used in these regimes are
excluded from the NP
ASTA V&F Seed Conference 2015 - EI WG
The ABS mechanism of the IT PGRFA
(International Treaty Plant Genetic Resources for
Food and Agriculture) is one of those recognized
systems
Through the NP access to genetic resources can
only be obtained in a legal manner if Prior
Informed Consent (PIC) and Mutually Agreed
Terms (MAT) have been obtained.
ASTA V&F Seed Conference 2015 - EI WG
Not required in countries which don’t require them and
also not necessary in case the system of the IT PGRFA is
used
Most people agree the SMTA (Material Transfer
Agreement) may serve as PIC and MAT, however it is not
officially agreed upon by Parties to the CBD and NP
ASTA V&F Seed Conference 2015 - EI WG
The implementation of the NP in Europe focuses solely
on compliance measures
Users of genetic resources have an obligation to carry out
due diligence
Each company has to develop its own systems how to be
sure which genetic resources enter the company, what
the rules for use are and fulfill the benefit sharing
obligations
ASTA V&F Seed Conference 2015 - EI WG
CBD
Nagoya Protocol
EU regulations
National law
ASTA V&F Seed Conference 2015 - EI WG
12
th
October 2015 – cut-off date when national law has
to be completed
Busy interpreting the requirements of the European
Nagoya Directive
Obligations with carrying out due diligence?
Do
commercial varieties fall under the scope?
How to maintain breeders exemption?
ESA and National Associations active to make one policy.
In The Netherlands politics and industry work together
ASTA V&F Seed Conference 2015 - EI WG
The ASTA.V&F Seed Conference 2015 shed light on the insufficiencies in the Access and Benefit Sharing (ABS) provisions within the Convention for Biological Diversity (CBD), leading to the necessity of the Nagoya Protocol (NP) in 2010. The NP aims to regulate access to genetic resources and traditional knowledge, establish benefit-sharing agreements, and ensure compliance in user countries. It recognizes specialized ABS regimes and emphasizes the importance of Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) for legal access to genetic resources. The discussion also focused on the ABS mechanisms of the International Treaty Plant Genetic Resources for Food and Agriculture (IT PGRFA) and the significance of Material Transfer Agreements (SMTA).
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Presentation Transcript
ASTA V&F Seed Conference 2015 - EI WG Nagoya Protocol Presentation by Rob Keene, Enza Zaden
ASTA V&F Seed Conference 2015 - EI WG ABS (Access and benefit Sharing) provisions in the CBD (Convention for Biological Diversity) (194 member states) not sufficiently elaborated No appropriate national legislation and therefore ultimately no benefit sharing Developing countries especially felt that benefit sharing was not taking place
ASTA V&F Seed Conference 2015 - EI WG A binding system was needed Which resulted in the Nagoya Protocol in 2010 Access and Benefit Sharing regulates the access and use of genetic resources and traditional knowledge, and the sharing of benefits stemming from this use between providers and users. Access to plants etc nowadays cannot be assumed as given, and may not be for free
ASTA V&F Seed Conference 2015 - EI WG What does the NP regulate: Defines access rules and regulations Establishes benefit sharing agreements Assures compliance in user countries Important to note, the NP recognizes specialized ABS regimes, genetic resources used in these regimes are excluded from the NP
ASTA V&F Seed Conference 2015 - EI WG The ABS mechanism of the IT PGRFA (International Treaty Plant Genetic Resources for Food and Agriculture) is one of those recognized systems Through the NP access to genetic resources can only be obtained in a legal manner if Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) have been obtained.
ASTA V&F Seed Conference 2015 - EI WG Not required in countries which don t require them and also not necessary in case the system of the IT PGRFA is used Most people agree the SMTA (Material Transfer Agreement) may serve as PIC and MAT, however it is not officially agreed upon by Parties to the CBD and NP
ASTA V&F Seed Conference 2015 - EI WG The implementation of the NP in Europe focuses solely on compliance measures Users of genetic resources have an obligation to carry out due diligence Each company has to develop its own systems how to be sure which genetic resources enter the company, what the rules for use are and fulfill the benefit sharing obligations
ASTA V&F Seed Conference 2015 - EI WG CBD Nagoya Protocol EU regulations National law
ASTA V&F Seed Conference 2015 - EI WG 12th October 2015 cut-off date when national law has to be completed Busy interpreting the requirements of the European Nagoya Directive Obligations with carrying out due diligence? Do commercial varieties fall under the scope? How to maintain breeders exemption? ESA and National Associations active to make one policy. In The Netherlands politics and industry work together
