GREAT AT SMALL THINGS

Nagoya protocol

Introduction

Relevant laws

Gateways to National laws

Code of practices

Further information and contacts

 

Introduction

 

Implementing the Nagoya Protocol (NP) under the Convention on Biological Diversity (CBD)

BCCM helps building TRUST between research partners: Academic and Industrial scientists, Users and Providers of raw material

This section proposes information on how to proceed on the safe side, with a maximum of guarantee concerning the safeguard of your rights and to ensure that you abide by the law when "accessing" and "using" microbiological raw material, without prejudice of your rights, these of your partners and the other stakeholders.

 

Context

The mission of culture collections is to provide facilitated access to technically and legally fit-for-use microbiological resources. Therefore, since 1997, BCCM has launched and contributed to initiatives that are now referred to as pragmatic solutions to translate the Access and Benefit Sharing principles (1) into practice.

 

TRUST (Transparent Users-friendly System of Transfer) merges the outcomes of various initiatives. It is listed in the CBD ABS Clearing House official website and in the WIPO It represents a set of combined tools merged to implement optimally the ABS concept:

These are relevant solutions for microbiologists to implement the Nagoya Protocol.

 

BCCM policy

Following the MOSAICC recommendations, BCCM collections were ones of the first in Europe to distribute the microbiological material under a standard set of general conditions of distribution so-called MTA, Material Transfer Agreement.

Now, the policy regarding the deposit of strains in one of the BCCM collections, is also framed into a set of general conditions so-called MDA, Material Deposit Agreement.

BCCM teams will guide you into the Procedure of deposit or Order of strains . 

These contracts and procedures set the BCCM policy of preservation and distribution of strains into words and allows the purchasers of the BCCM material to use it in conformity with the legal requirements, including those of the Nagoya Protocol, the EU Regulation 511/2014 on the Nagoya Protocol, the Implementing act 2015-1866 of EU Regulation 511/2014, the national laws specifically designed to implement the Nagoya Protocol as well as the other laws pertaining to the use, transport, study, handling of microbiological material and related data in a socio-economic responsible and safe way, that is according to the biosafety and biosecurity regulations, modalities related to the protection of intellectual property rights such as the Budapest Treaty

 

(1) The Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization or in short the Access and Benefit Sharing (ABS) concept is originally coined in article 15 of the Convention on Biological Diversity (CBD) which states that a country has the sovereign rights to organise the access to its biological diversity and that it is advised to facilitate such access. In return the country can expect from the users of biological material for R&D purposes a fair and equitable sharing of the benefit arising out of the utilization of this material. The fair and equitable sharing of the benefit is one of the three objectives of the CBD, next to the conservation of biological diversity and the sustainable use of its components.

 

Relevant laws

 

The convention on Biological Diversity and related protocols

 

The convention on Biological Diversity

Opened for signature on 5 June 1992, entered into force on 29 December 1993

English version

 

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

Link to official website http://www.cbd.int/abs/

English version
 

Cartagena Protocol on Biosafety to the Convention on Biological Diversity

Signed 29 january 2000, entered into force on 11 September 2003

English version

 

European laws and regulations

 

Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014

 

REGULATION (EU) No 511/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  of 16 April 2014

 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union

Access to multilingual official version

 

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

Access to multilingual official version

 

Gateways to National laws

 

All countries parties of the Convention on Biological Diversity (CBD) as well as all countries parties to the Nagoya Protocol (NP) are required to publish updated information concerning the national laws related to the implementation of these international agreements into the Access and Benefit sharing Clearing House (ABSCH).

ABSCH is a CBD official portal where you can find information about the laws and regulation of every party to the CBD and the Nagoya Protocol. Every party proposes a country file with references of the relevant laws and regulations as well as a list of contact persons including the National Focal Point (NFP) and the Competent National Authority (CNA).

 

Code of Practice

 

MOSAICC Code of Conduct and TRUST Guidelines for practical implementation of the CBD and Nagoya Protocol

 

Further information and contacts

 

For information related to the legal and administrative procedure check the BCCM website sections dedicated to

Deposit or Order of Biological Material

 

For specific issues contact the collections directly

BCCM/DCG Diatoms Collection E-mail: bccm.dcg@UGent.be
BCCM/GeneCorner Plasmid Collection E-mail: bccm.genecorner@UGent.be
BCCM/IHEM Fungi Collection: Human & Animal Health E-mail: bccm.ihem@sciensano.be
BCCM/ITM Mycobacteria Collection E-mail: bccm.itm@itg.be
BCCM/LMG Bacteria Collection E-mail: bccm.lmg@UGent.be
BCCM/MUCL Agro-food & Environmental Fungal Collection E-mail: bccm-mucl@uclouvain.be
BCCM/ULC Cyanobacteria Collection E-mail: bccm.ulc@ulg.ac.be

 

For general information related to ABS laws and regulations contact the BCCM International Cooperation Manager  E-mail: desp@belspo.be