Host-Prof. Alan Gange
Dr David Smith & Katie Beckett
CABI & NMRO
The Compliance of Science post Nagoya Protocol: Access & Benefit Sharing
Microbial resources are recognized as an essential raw material for biotechnology in the advancement of health, agriculture, food technology and for research in the Life Sciences in general. Live cultures for use in the development of basic and applied science must be collected and utilised in compliance with the regulatory environment. In October 2014 the Nagoya Protocol on Access and Benefit Sharing (ABS) came into force and its implementation is the responsibility of all countries that are signatory to the Protocol (https://www.cbd.int/abs). Microbiologists need to implement best practices to comply with national legislation on ABS including those to implement the Nagoya Protocol and perform due diligence regarding access and benefit sharing in all their activities involving genetic resources. The main premise of the Nagoya Protocol is:
- to prevent the utilisation of genetic resources, or associated traditional knowledge, which were not accessed in accordance with the national access and benefit-sharing legislation or regulatory requirements of a Party to the Nagoya Protocol
- to support the effective implementation of benefit-sharing commitments set out in mutually agreed terms between providers and users
- to improve the conditions for legal certainty in connection with the utilisation of genetic resources and traditional knowledge
It is essential that appropriate best practices are developed to ensure benefit sharing arising from the use of microorganisms, especially when taking into account the CBD-ABS Nagoya Protocol implications. Consistent with Article 20 in the Nagoya Protocol, science communities/institutions should develop and use best practices for Access and Benefit-Sharing. Microbiologists, indeed biologists, need to understand their rights and responsibilities as defined under the national laws implementing appropriate treaties and relationships with Providing Countries of biological material and must abide by relevant laws and regulations in their work; biological material is to be obtained with appropriate legal certainty; and that appropriate benefits arising from there use are shared with provider countries. ABS compliance and meeting national distribution regulations will engender trust as a technology standards broker and facilitate reciprocal mutually beneficial exchange of microbial diversity.
Katie Beckett will provide information on the implementation and enforcement at a National level of the Nagoya Protocol covering in particular the EU Regulation (no. 511/2014) which implements the parts of the Nagoya Protocol that govern compliance measures for users; the UK Statutory Instrument that puts in place enforcement measures within the UK to implement this EU Regulation; and background on the National Measurement and Regulation Office (NMRO) who are the enforcement body for this UK Statutory Instrument. David Smith will outline how CABI has responded to these requirements and discusses how National, Regional and Global organisations are coordinating best practices.