Governments complete preparations for the entry into force of Nagoya Protocol on Access and Benefit-sharing

Montreal, Canada 28 February 2014. Governments have established firm foundations for the operation of the Nagoya Protocol on Access and Benefit-sharing of Genetic Resources, contributing to the momentum towards entry into force and setting the agenda for the first meeting of its governing body, expected to take place in October 2014.

The third meeting of the Ad Hoc Open-ended Intergovernmental Committee for the Nagoya Protocol on Access and Benefit-sharing (ICNP 3) successfully concluded on 28 February 2014 in PyeongChang, Republic of Korea.

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological Diversity is a supplementary agreement to the Convention on Biological Diversity. It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.

Braulio Ferreira De Souza Dias, Executive Secretary to the Convention on Biological Diversity, said “As the entry into force of the Nagoya Protocol approaches, laying the groundwork for a solid and strong foundation has never been more important. This very successful meeting has adopted recommendations that are at the core of this foundation. I want to congratulate Parties to the CBD for their hard work, spirit of compromise, and willingness to move towards entry into force of the Nagoya Protocol. Let us sustain all of this in the lead up to entry into force of the Protocol, and the first meeting of the COP MOP.” He said, “When the Nagoya Protocol enters into force, it will represent achievement of Aichi Biodiversity Target 16, the first target to be achieved under the Strategic Plan for Biodiversity 2011-2020. It will also represent an important enabling framework that contributes to the green economy, sustainable development and “creative economy.” It is a central part of global efforts to build a future of life in harmony with nature, the future we want.”

The Nagoya Protocol on ABS was adopted on 29 October 2010 in Nagoya, Japan and will enter into force 90 days after the fiftieth instrument of ratification. As of today, 29 countries have ratified the Protocol,

Among the most important outcomes of the meeting:

Compliance - At ICNP 3, governments made major progress on issues relating to compliance procedures and mechanisms. This will greatly facilitate the task of the first meeting of the COP-MOP to the Nagoya Protocol to resolve the remaining differences and approve the compliance procedures and mechanisms as required under Article 30 of the Protocol.

Global multilateral benefits-sharing mechanism - A major issue under discussion was the need for and modalities of a global multilateral benefits-sharing mechanism (GMBSM). If and when agreed, the mechanism is intended to address instances of benefit sharing, including the use of traditional knowledge associated with genetic resources, that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent. ICNP agreed on a road map that will allow Parties to unravel the complexities of a GMBSM.

Access and Benefit-sharing Clearing House (ABSCH) – During the meeting, the pilot phase of the ABSCH was launched, and training sessions were held. In the formal discussions, governments underscored the critical importance of a fully functional ABSCH for the implementation of the Nagoya Protocol, and requested that all efforts were made to ensure that the ABSCH is fully functional by the time of entry into force of the NP.

Monitoring and reporting – COP-MOP 1 is expected to invite Parties to submit an interim national report on the implementation of their obligations under the Nagoya Protocol. This report will contribute to the first evaluation of the effectiveness of the Protocol. With a view to facilitate this, ICNP-3 requested the Secretariat to develop a draft format for the submission of the report and to consolidate the information contained in the reports and information published in the ABS-CH.

Capacity building – ICNP3 recommended to the COP-MOP the adoption of a strategic framework to assist developing countries to build capacity to implement the Nagoya Protocol. This framework provides a capacity-building strategy that will be the cornerstone of implementation on the ground and play a pivotal role for making the Nagoya Protocol a reality at national level.