Laws concerning the Nagoya Protocol applicable in Belgium | BCCM Belgian Coordinated Collections of Microorganisms

European Union level

As member of the European Union, Belgium implements the European Laws by translating these into national and sub-national regulations.

The European set of laws concerning the Nagoya Protocol can be sketched as follows, starting at the basis with EU Regulation 511/2014.

1. REGULATION (EU) No 511/2014 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

This Regulation establishes rules governing compliance with access and benefit-sharing in accordance with the provisions of the Nagoya Protocol.

This Regulation applies to all EU Member States, regardless of their individual ratification of the Nagoya Protocol.

Due to the division of competences between the EU and its Member States, some elements related to the compliance measures (such as the penalties, authorities in charge of the compliance checks) are not directly provided for in the EU ABS Regulation but are or will be implemented by each EU Member State

This Regulation implements the obligatory compliance measures of the Nagoya Protocol. It does not establish access rules at EU level. For EU Member States that decide to establish access rules, these will be found in the legislation of the respective EU Member State.

The effective implementation of this Regulation will also contribute to the conservation of biological diversity and the sustainable use of its components.

2. 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

On the basis of powers granted in Regulation 511/2014 (the "basic" EU ABS Regulation), this Implementing Regulation specifies further the compliance rules established by the basic Regulation and establishes procedures to be followed when applying for recognition of the voluntary compliance support mechanisms.

The Implementing Regulation clarifies when, to whom and which information is to be submitted when filing the due diligence declarations required by the basic Regulation. Furthermore, it establishes the procedures to be followed when a collection applies to become a "registered collection", and when an association of users or other interested parties apply for recognition of "best practices".

This Regulation, like the basic Regulation, is directly applicable in all EU Member States and implements the compliance measures of the Nagoya Protocol. Access rules, if established by EU Member States, can be found in the legislation of the respective Member State (see their Country Profiles).

3. Commission notice 2016/C 313/01

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

This document is intended to provide guidance on the provisions and implementation of Regulation (EU) No 511/2014 of 16 April 2014 on compliance and Commission Implementing Regulation (EU) 2015/1866 as regards the register of collections, monitoring user compliance and best practices (‘the Implementing Regulation’).

The EU ABS Regulation implements in the EU those international rules (contained in the Nagoya Protocol) which govern user compliance — i.e. what users of genetic resources have to do in order to comply with the rules on access and benefit-sharing (ABS) established by the countries providing genetic resources. The Nagoya Protocol also contains rules concerning access measures — but those are not covered by the EU ABS Regulation and accordingly are not addressed in this guidance document.

Certain aspects of the EU ABS Regulation and the Implementing Regulation needed further clarification. The guidance document was developed in cooperation with EU Member States' representatives gathered in the "ABS Expert Group" and it was also subject to feedback from stakeholders gathered in the "ABS Consultation Forum". The guidance document is not legally binding; its sole purpose is to provide information on certain aspects of the relevant EU legislation. It is thus intended to assist citizens, businesses and national authorities in the application of the EU ABS Regulation and the Implementing Regulation.

In this set of laws "Due diligence" is central for good management when performing R&I

4. ABS Consultation Forum

The 4th element of the ABS legal pillar there is the ABS consultation forum instituted by EU Regulation 511/2014 and where stakeholders are invited to build common understanding of the regulations and to translate it into practical procedures.

In the European Union the implementation of the Nagoya Protocol is distributed under three Capitals having specific competences:
A) the National level of each EU State Members ruling Access and Benefit Sharing
B) the relevant authorities within each national levels ruling Access and Benefit Sharing.
C) the European Level focused on Compliance

Belgian levels

In Belgium the competences regarding the implementation of the Nagoya Protocol are distributed among the Federal State and the Regions of Flanders, Wallonia and Brussels.

Basic information and contacts are published on the ABS Clearing House website.
These are listed here:

Federal level

Law

The Federal law is in preparation. Information concerning the implementation of the ABS principles for the fields and territories falling under the control of the Federal authorities (see picture 4) can be obtained from the ABS National Focal Point (NFP).

Contact

Ms. Salima Kempenaer
General Directorate (DG5) Environment Federal Public Service (FPS) Health, Food Chain Security and Environment DG5 Environment
Place Victor Horta 40 bte 10, Bloc 11
1060 Brussels Belgium

Brussels

Law

The ordinance relevant for the geographic areas and fields of activities falling under the control of the Brussels region is not yet defined.

Contact

Information related to matters of environment in the Brussels Region is available at the regional administration: Environment Brussels

Brussels Environment
Site Tour & Taxis
Avenue du Port 86C / 3000 Havenlaan
1000 Brussels
Phone: +32 (0)2 / 775.75.75

Flanders

Law

The Decree on access to genetic resources and the just and equitable sharing of benefits resulting from their utilisation entered into force on 22 April 2019. (Original title in Dutch: Decreet van 22 maart 2019 betreffende de toegang tot genetische rijkdommen en de eerlijke en billijke verdeling van voordelen die voortvloeien uit hun gebruik)

The decree specifies that access to Flemish Genetic Resources is open. Flemish Genetic Resources are the genetic resources present in situ in Flanders and the genetic resources kept ex situ under the Flemish authorities. Benefit-sharing is managed by a specific division of the Agency Nature & Forests.

Contact

The administration in charge at the Flemish region is the Agency Nature & Forests

Agency Nature & Forests (Agentschap voor Natuur en Bos)
Herman Teirlinckgebouw – Havenlaan 88 bus 75
1000 Brussels, Belgium
Phone: +32 2 553 02 80
Email: nagoya@vlaanderen.be
Website: Agentschap Natuur en Bos

As the Competent National Authority in the Flemish part of Belgium, the Agency Nature & Forests is responsible for receipt of due diligence declarations from users when research funding take place.

The Agency is also responsible for inspecting the compliance to the Nagoya Protocol in the Flemish Region. The competence(s) of the section “Natuurinspectie ANB” is extended to the Nagoya-regulation (see additions of art. 2,25°, and art. 25,17° in the decree on the general provisions on environmental policy). The text assigns the section "Natuurinspectie/Nature inspection" of the "Agentschap Natuur en Bos/ Agency Nature & Forests" as NCA for the Nagoya Protocol in the Flanders Region. The Agency checks that due diligence requirements are fulfilled when non-Flemish genetic resources kept ex situ are accessed.

Wallonia

Law

The Decree of the Walloon Region concerning the implementation of the Nagoya Protocol has been published on the 16 June 2020. (Original Title in French: Décret du 20 mai 2020 relatif à l'accès aux ressources génétiques et au partage juste et équitable des avantages découlant de leur utilisation)

The Decree specifies that access to biological diversity is open but that notification is required. Acknowledgment of receipt of notification is considered as the Internationally Recognized Certificate of Compliance.

Contact

The Walloon decree gives the mandate for the control of compliance and the recognition as National Competent Authority related to the implementation of the Nagoya Protocol in the Walloon Region to the

Direction Générale opérationnelle de l'Agriculture, des Ressources naturelles et de l'Environnement
Avenue Prince de Liège 15, 5100 Namur (Jambes), Belgium
Phone: (+32) 081/649617
Email: damien.winandy@spw.wallonie.be
Website: http://www.wallonie.be/fr/guide/guide-services/16088