The Nagoya Protocol is a legally binding international agreement, however, it is also a framework with many ambiguities and unresolved issues. None the less this should not make us negative about an agreement that aspires to do the right thing. The most biodiverse rich parts of the world are ironically some of the poorest. It is morally right, and our duty to ensure that when we, in developed countries, exploit this biological wealth we offer a fair and equitable share in the benefits. The Nagoya protocol was unanimously adopted by the Parties to the CBD (196 countries, with only the USA a non-party). It is up to individual countries to implement the protocol through their own domestic law.
There are many positives to the Nagoya Protocol as it will (eventually) provide legal clarity to the three objectives of the CBD, namely: the conservation of biological diversity; the sustainable use of its components; and the fair and equitable sharing of benefits arising from genetic resources.
The EU is also a party to the CBD and whilst many European countries have yet to ratify (pass it into domestic law), most have already signed the protocol. The EU has developed its own
Sources of information.
- 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. Secretariat of the Convention on Biological Diversity Montreal Convention on Biological Diversity United https://www.cbd.int/abs/doc/protocol/nagoya-protocol-en.pdf
- EU REGULATION No 511/2014 Of The European Parliament And Of The Council of 16 April 2014 on COMPLIANCE MEASURES FOR USERS OF THE NAGOYA PROTOCOL on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014R0511&from=EN
- EU GUIDANCE DOCUMENT ON THE SCOPE OF APPLICATION and core obligations of Regulation (EU) No 511/2014 of the European Parliament and of the Council on the compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union (2016/C 313/01) https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016XC0827(01)&from=EN
- EU COMMISSION IMPLEMENTING REGULATION (EU) 2015/1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices. https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:JOL_2015_275_R_0003&from=FR
- EU webpage on Access and Benefit Sharing Legislation: https://ec.europa.eu/environment/nature/biodiversity/international/abs/legislation_en.htm
- EU webpage on Access and Benefit Sharing Background Material: https://ec.europa.eu/environment/nature/biodiversity/international/abs/material_en.htm
- The EU DECLARE system: an EU-wide web-based tool which enables users of genetic resources to submit the due diligence declarations required by Article 7 of the EU Regulation on Nagoya. https://ec.europa.eu/environment/nature/biodiversity/international/abs/pdf/questions-and-answers-for-declare-users.docx
- Lyal C, Williams C. (2017) Linnean Society Taxonomy & Systematics Committee Summary Briefing Document on the Nagoya Protocol (Access and Benefit-Sharing) Edited by Dr Chris Lyal, NHM (London) and CETAF Legislation and Regulation Working Group and China Williams, Science Policy, Science Directorate, Royal Botanic Gardens, Kew. https://ca1-tls.edcdn.com/NagoyaGuidanceFinalMarch2017.pdf?mtime=20170407134211
- The IPEN task force, various powerpoint presentations. The International Plant Exchange Network (IPEN) and the Nagoya Protocol of the CBD: