Access

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Access benefit-sharing in practice

• What is ABS?
• What does ratification mean for CN?
• What issues to address in practice?
• Léontine Crisson Paul Hoetjes

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What is access benefit-sharing?
It refers to the way in which genetic resources
may be accessed, and how the benefits that result
from their use are shared between the people or
countries using the resources (users) and the
people or countries that provide them
(providers)
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How is ABS structured?

• Connection between access and the fair
  equitable sharing of benefits

• To the benefit of sustainable use and
  conservation (relation between objectives)

• CBD ITPGRFA (plant genetic resources food
  agriculture)

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An international agreement on ABS
Access benefit-sharing (ABS) is laid down in
the Convention on Biological Diversity (Treaty
principles third objective), elaborated in the
Bonn Guidelines (2002), and legally binding
agreed to in the Nagoya Protocol (2010)
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What are genetic resources?

• All living organisms (plants, animals and
  microbes) carry genetic material potentially
  useful to humans
• These resources can be taken from the wild,
  domesticated or cultivated
• They are sourced from
• Natural environments (in situ)
• Human-made collections (ex situ) (e.g. botanical
  gardens, genebanks, seed banks and microbial
  culture collections)

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Why are genetic resources important?

• Provide crucial information to better understand
  nature
• Can be used to develop a wide range of products
  and services for human benefit
• The way in which genetic resources are accessed
  and how the benefits arising from their use is
  shared can create incentives for
• the conservation and sustainable use of
  biodiversity
• the creation of a fairer and more equitable
  economy to support sustainable development

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Why an international agreement on ABS?
Against biopiracy? gt yes
In favour of development? gt yes
For fair sharing? gt yes
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Key elements of the Nagoya Protocol

• The ABC of ABS, three pillars of the Protocol
• Access
• Benefit-sharing
• Compliance
• Other key terms include
• Utilization
• User
• Provider
• Prior Informed Consent (PIC)
• Mutually Agreed Terms (MAT)

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The ABC of ABS explained

• Access decision to exercise sovereign rights by
  requiring Prior Informed Consent for access to
  genetic resources over which you have those
  rights
• Benefit-sharing in a private law contract,
  parties agree to the type of utilization, sharing
  of benefits (monetary/non-monetary) and other
  clauses including eg settlement of disputes and
  reporting
• Compliance obligation for Parties to the
  Protocol to monitor the use of genetic resources
  in their jurisdiction

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Key terms (1) utilization
Protocol says Research Development on the GR
and/or biochemical components
Cumulative process. Research is always a first
step
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Key terms (2) users

• Plant animal breeding
• Biotech
• Pharma
• Cosmetics
• Applied research
• gt Which may be relevant to
• Carribean Netherlands?
• gt Which are now already use
• CN genetic material?

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Key terms (3) provider/providing country

• Nagoya Protocol says (art 5.1)
• the Party providing such resources that is the
  country of origin of such resources or a Party
  that has acquired the genetic resources in
  accordance with the Convention
• Is the country that exercises sovereign rights
  over these genetic resources
• NB every country can be a provider, and have
  users

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Key terms (4) PIC and MAT

• Prior informed consent (PIC)
• The permission given by the competent national
  authority of a provider country to a user prior
  to accessing genetic resources, in line with an
  appropriate national legal and institutional
  framework
• Mutually agreed terms (MAT)
• An agreement reached between the providers of
  genetic resources and users on the conditions of
  access and use and the benefits to be shared
  between both parties. It is a private law
  contract.

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Implementing measures to be taken (1) access

• National implementation measures
• Need to be in place by ratification (and on basis
  of EU-regulation for NL/EU)
• Access/PIC
• Is an option for Parties
• Providing access is the prerogative of the
  CN/local governments based on biodiversity
  agreements/policy no role for European NL
• No PIC requirement in European NL, so users do
  not have to get permission for access (nor share
  benefits)

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In practice questions about access

• What is current practice in CN?
• Wish or need to have Prior Informed Consent?
• If yes who will give permission for access, and
  how?
• gt Existing procedures already in use?
• For what types of use do we want to give PIC
• and come to an agreement?
• gt Differentiation between research
  application?
• What (technical or legal) support may be useful?
  

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Options for regulating access in CN (1)

• Two options in Wet Grondslagen Natuurbeheer
•  1. Designation of regulations for access via
  AMvB in this case equal for every island, based
  on Art 8c
• Onverminderd het bepaalde in artikel 15, derde
  lid, van deze wet kunnen bij of krachtens
  algemene maatregel van bestuur regels worden
  gegeven ter uitvoering van het Verdrag van
  Ramsar, de Bonn-conventie, het Biodiversiteitsverd
  rag en het Zeeschildpaddenverdrag.
• Without prejudice to Article 15, third
  paragraph, of this Act, by order of the Council
  of Ministers rules may be given implementing the
  Ramsar Convention, the Bonn Convention, the
  Convention on Biodiversity and the Sea Turtle
  Convention

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Options for regulating access in CN (2)

• 2. Regulation by island ordinance, with the
  possibility for specifics, based on Art 14
• De eilandsraad draagt zorg voor de bescherming
  van de biologische diversiteit, het
  verantwoord gebruik van haar componenten en de
  eerlijke en billijke verdeling van de voordelen
  die uit het gebruik van genetische bronnen
  voortvloeien.
• The island council is responsible for the
  protection of biological diversity, the
  responsible use of its components and the fair
  and equitable sharing of benefits arising from
  the use of genetic resources

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Implementing measures to be taken (2) compliance

• Compliance by users monitoring utilization
• Kingdom will need to be able to monitor the use
  of genetic resources on its territory (risk based
  checks by NVWA) and report on this to the ABS
  Clearing House
• What is needed on CN?
• If there are no users on CN this will not need a
  lot of attention.
• If maybe/yes consult with policy, legislation,
  NVWA and research.

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State of play in Netherlands (EU)

• State Secretary sent the draft legislation
• 1. for national/EU rules and 2. for ratification
  plus elaboration note to Parliament (March)
• Parliament filed a report, St.Secr. replies by
  mid April
• Parliament will decide how to address and discuss
• When Parliament agrees, Senate will have to, too
• Instrument of ratification for the Kingdom can be
  deposited at UN (possibly after summer October)

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More information

• Additional information can be found
• www.absfocalpoint.nl (in Dutch English)
• www.cbd.int/abs (in English)
• http//abs-initiative.info/ (incl work in
• Caribean region)
• Please do not hesitate to contact Paul
• and/or Léontine Crisson at EZ
• l.j.r.crisson_at_minez.nl / 31 646208066

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Thank you!

• Thank you very much for your attention
  colleagues!
• On to questions discussion