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ABSCH-MSR-EU-204508-6Legislative, Administrative or Policy MeasureCommission 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).
ABSCH-MSR-EU-201808-6Legislative, Administrative or Policy MeasureEU ABS Regulation - 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
This Regulation establishes rules governing compliance with access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources in accordance with the provisions of 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 (the ‘Nagoya Protocol’). The effective implementation of this Regulation will also contribute to the conservation of biological diversity and the sustainable use of its components, in accordance with the provisions of the Convention on Biological Diversity (the ‘Convention’).
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 (see their respective Country Profile).
SCOPE OF THE MEASURE
Genetic Resources
- All types of genetic resources - found in - All areas of access of the genetic resource(Articles 66.1 and 66.3)
Traditional knowledge associated with genetic resources ( Article 66.6 )
ACCESS
Access to genetic resources
For commercial use ( Article 66.3 )
For non-commercial use ( Article 66.4 )
Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Article 66.3 )
Established rules and procedures for mutually agreed terms ( Article 66.3 )
BENEFIT-SHARING
Monetary benefits ( Article 66.3 )
Non-monetary benefits ( Article 66.3 )
For commercial use ( Article 66.3 )
For non-commercial use ( Article 66.4 )
COMPLIANCE
Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 115.1.17; Article 118.4.1 and 2; Article 127a and Article 128b )
According Article 66 (6) of the Biodiversity Act The terms and a procedure for provision of access to genetic resources shall be established by a regulation adopted by the Council of Ministers. The document is in late draft stage and should be adopted until the end of 2017.
Measures under Art. 17 are to be adopted until the end of 2017.
