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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
published: 27 Oct 2017
last updated: 16 Feb 2018
First Interim National Report on the Implementation of the Nagoya Protocol - Germany
-
Person:
Thomas
Greiber
|
ABSCH-CON-DE-207307-3
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
Person:Thomas Greiber, Division I 1.4 Competent National Authority for the Nagoya Protocol110 Konstantinstr.Bonn,
53179,Phone: +49 228.8491.1380,Fax: +49 228.8491.1319,Email: thomas.greiber@bfn.de,Website: http://abs.bfn.de,
To view the current National Focal Point information, click
here.
Yes
No difficulties and challenges encountered when making information availble to the ABS CH as provided in Art. 14.2 of the Nagoya Protocol.
Yes
Regulation (EU) No 511/2014 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 Utilisation in the Union;
Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices;
Commission Notice – Guidance document on the scope of application and core obligations of Regulation (EU) 511/2014 (2016/C 313/1);
Act Implementing the Obligations under the Nagoya Protocol and Transposing Regulation (EU) No 511/2014;
National Strategy on Biological Diversity.
Yes
Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety
Yes
Federal Agency for Nature Conservation
No selection made
No selection made
Not applicable, since no access requirements are in place
No selection made
Yes
The main challenge in defining the checkpoints in the EU was striking a balance between having effective checkpoints covering the full range of relevant ABS activities, while avoiding creating unnecessary administrative burden.
In Germany, the competent authority designated is the Federal Agency for Nature Conservation (Bundesamt für Naturschutz, BfN). More specifically, there are two checkpoints in Germany, as established at EU level:
1st checkpoint: competent authorities designated under Regulation (EU) No 511/2014, i.e. the Federal Agency for Nature Conservation receive due diligence declarations from researchers; all recipients of research funding where such research involves utilisation of genetic resources and traditional knowledge associated with genetic resources are requested either by the European Commission or by the Member State as providers of funding, to declare that they exercised due diligence; the template for this declaration is contained in the Commission Implementing Regulation in Annex II;
2nd checkpoint: competent authorities designated under Regulation No 511/2014, i.e. the Federal Agency for Nature Conservation gather due diligence declarations at the final stage of a product development from all users; the template for this declaration is contained in the Commission Implementing Regulation in Annex III; specific events triggering submission of the declaration are defined in Article 6 of the Commission Implementing Regulation.
For both checkpoints, the authorities referred above transfer the information to the ABS Clearing House, provided it is not confidential; alternatively, in case crucial information for publishing of checkpoint communiqué (CPC) is indicated as confidential and CPC cannot be published, the authorities contact the competent national authorities of the country providing genetic resources.
No additional information provided
No
There is no specific legislation on access to genetic resources as well as benefit-sharing in Germany. Accordingly, there are no requirements to obtain PIC and MAT when accessing genetic resources in Germany.
However legislation on nature and species conservation, private property et.al. may apply depending on circumstances (i.e. a collection permit by the local nature conservation authority may be necessary due to species conservation).
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
There is no specific legislation on access to genetic resources as well as benefit-sharing in Germany. Accordingly, there are no requirements to obtain PIC (prior informed consent) and MAT (mutually agreed terms) when accessing genetic resources in Germany.
Therefore Germany will not receive any benefits from the utilization of either genetic resources or traditional knowledge associated with genetic resources accessed in Germany.
No additional information provided
Germany has taken the deliberate decision not to require PIC or MAT when genetic resources are accessed in situ in Germany, not because such resources are not of any interest for research and development but because research and development shall rather be facliltated than complicated and most likely the benefits received would not outweigh overhead costs.
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed tersm, in accordance with any applicable legislation or regulatory requirements.
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed tersm, in accordance with any applicable legislation or regulatory requirements
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed tersm, in accordance with any applicable legislation or regulatory requirements
No additional information provided
Yes
Yes
- Regulation (EU) No 511/2014 on compliance measures for the users from the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union; entered into force on 12 October 2014;
- Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 as regards register of collections, monitoring user compliance and best practices; entered into force on 9 November 2015;
- in Germany, the EU legislation is supplemented by the Act Implementing the Obligations under the Nagoya Protocol and Transposing Regulation (EU) No 511/2014 which entered into force on 1 July 2016.
No
Yes
Yes
No
Both the EU ABS Regulation No (511/2014) and Commission Implementing Regulation (2015/1866) are applicable to genetic resources and to traditional knowledge associated with genetic resources; these Regulations provide for the legal framework to deal with issues of non-compliance.
In Germany, the EU legislation is supplemented by the Act Implementing the Obligations under the Nagoya Protocol and Transposing Regulation (EU) No 511/2014 which entered into force on 1 July 2016.
Yes
In line with Article 7(1) and (2) of Regulation (EU) No 511/2014, users need to provide information as required by Article 17(1) of the Nagoya Protocol to the Federal Agency for Nature Conservation. Annexes II and III to the Commission Implementing Regulation provide for the list of information requested from reserachers and end-users respectively; this includes also information related to PIC, the source of genetic resource, to the establishment of MAT and to utilisation of genetic resoruces.
Furthermore, according to German Patent Law where an invention is based on biological material of plant or animal origin or if it uses such material, the application for the grant of a patent should include information on the geographical origin of such material. The Patent Office shall inform the BfN as the competent national authority and checkpoint where an application contains such Information.
Yes
In addition to the above, in Germany, the Federal Agency for Nature Conservation is obliged, based on Article 9 of the EU ABS Regulation, to perform checks on user compliance in accordance with periodically reviewed risk-based plans.
No
Not selected
No
Yes
Article 13 of Regulation (EU) No 511/2014 obliges the European Commission and Member States, as appropriate, to promote the development and use of cost-effective communication tools and systems in support of monitoring and tracking the utilisation of genetic resources and trditional knowledge associated to genetic resources by collections and users.
For the gathering of due diligence declarations and their conversion into checkpoint communiqués an IT tool called "DECLARE" has been developed by the European Commission and will be used by the Federal Agency for Nature Conservation as the German checkpoint.
No additional information provided
Not applicable, since no access requirements are in place
No selection made
Yes
Recourse can be sought subject to the rules of international civil procedure applicable in Germany (see, in particular, Regulation (EU) No 1215/2012 of the European Parliament and of The Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) regarding international jurisdiction).
Yes
Cf. answer to Question 32.
Yes
- Recognition and Enforcement of foreign judgments in private contractual matters given by courts of other Member States of the European Union are generally governed by Regulation (EU) No 1215/2012 of the European Parliament and of The Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast). In addition, international conventions as well as national rules in the German Code of Civil Procedure provide for Recognition and Enforcement of foreign Judgments, based on reciprocity and subject to a limited number of grounds for refusal.
- Recognition and Enforcement of foreign arbitral awards is governed by the New York Convention of 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards.
No additional information provided
Yes
As Germany has not introduced specific legislation regulating access to its in situ genetic resources, no obstacles are created and research is facilitated.
Yes
Article 4(8) of Regulation (EU) No 511/2014 provides for a short temporal derogation from the duties of its Article 4(3) and 4(5) for users acquiring a genetic resource that is determined to be, or is determined as likely to be, the causing pathogen of a present or imminent public health emergency of international concern.
No
Regarding expeditious access, not applicable as Germany has not introduced specific legislation regulating access.
Yes
Recital 12 of Regulation (EU) No 511/2014 recalls Article 8(c) of the Nagoya Protocol and explains that the ITPGRFA is a specialised instrument within the meaning of Article 4(4) of the Protocol. The EU ABS Regulation also recognises that where Parties to the Protocol have decided to use the standard material transfer agreement for plant genetic resources for food and agriculture which are not covered by ITPGRFA, but which are under their control and management and in public domain, submission of due diligence declarations is not required.
No additional information provided
No
Not applicable
No selection made
No selection made
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
No selection made
No selection made
Not applicable
Not applicable
No additional information provided.
Yes
In line with Article 13 of Regulation (EU) No 511/2014 the Commission and the Member States shall encourage users and providers to direct benefits from the utilisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components in accordance with the provisions of the Convention.
No answer provided
No additional information provided.
No
Germany has neither introduced specific legislation regulating access to its in situ genetic resources, nor does it have indigenous and local communities.
Not applicable, since there are no indigenous and local communities in my country
No selection made
No additional information provided
Yes
In line with Article 13 of Regulation (EU) No 511/2014, the Commission and the Member States shall encourage development of codes of conduct, model contractual clauses, guidelines and best practices, particularly when they would benefit academics, university and non-commercial researchers and small and medium-sized enterprises.
The German Research Foundation (Deutsche Forschungsgemeinschaft - DFG) has developed model contractual clauses for researchers applying for DFG funding.
Yes
In line with Article 13 of the Regulation (EU) No 511/2014 the Commission and the Member States shall encourage development of sectoral codes of conduct, model contractual clauses, guidelines and best practices, particularly when they would benefit academics, university and non-commercial researchers and small and medium-sized enterprises.
The German Research Foundation (Deutsche Forschungsgemeinschaft - DFG) has developed ABS guidelines for researchers applying for DFG funding.
No additional information provided
Yes
Yes
In view of its obligations under Article 21 of the NP, Germany has undertaken a series of different awareness-raising activities including amongst others:
- Development of outreach material (ABS information flyer, ABS brochure, FAQs, recommendations for action) to inform users and the general public about ABS in general and the Nagoya Protocol, the EU legislation and the German Implementing Act in particular,
- Updating and further development of national ABS clearing-house,
- Series of workshops and seminars to inform different user sectors,
- Helpdesk for all users and collections in Germany,
- Development of a database of potential German users,
- Online survey to raise awareness of potential German users regarding the Nagoya Protocol.
Yes
Yes
- Germany has supported the Informal Advisory Committee on CB by sending a national expert.
- Germany through its Federal Agency for Nature Conservation has organized the first meeting of EU competent national authorities to support the implementation of the EU ABS legislation as well as the Nagoya Protocol.
- Germany through its Federal Agency for Nature Conservation has organized an international ABS user dialogue to gather a better knowledge base on existing regulations and access procedures while fostering transparency for both, countries using and providing genetic resources.
- Through its Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung, BMZ) as well as the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Germany is supporting different ABS capacity-building efforts in accordance with Article 22 of the NP and the strategic framework for capacity-building, such as the international ABS Capacity Development Initiative which was founded by BMZ and is managed by GIZ.
No
Yes
- Through its Federal Ministry of Economic Cooperation and Development (Bundesministerium für wirtschaftliche Zusammenarbeit und Entwicklung, BMZ) as well as the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH, Germany is supporting different ABS capacity-building efforts in accordance with Article 22 of the NP and the strategic framework for capacity-building, such as the international ABS Capacity Development Initiative which was founded by BMZ and is managed by GIZ.
- Germany through its Federal Agency for Nature Conservation has organized the first meeting of EU competent national authorities to support the implementation of the EU ABS legislation as well as the Nagoya Protocol.
- Germany through its Federal Agency for Nature Conservation has organized an international ABS user dialogue to gather a better knowledge base on existing regulations and access procedures while fostering transparency for both, countries using and providing genetic resources.
No additional information provided
Yes
No additional information provided
Clarification of institutional competencies.
No
Yes
The German Federal Ministry for Economic Cooperation and Development (BMZ) is furthering the implementation of the Nagoya Protocol, financially, through its contribution to the Global Environmental Facility (GEF) as well as through the ABS Capacity Development Initiative.
No information provided
The German Federal Ministry for Economic Cooperation and Development (BMZ) is hosting the multi-donor ABS Capacity Development Initiative, implemented by Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH. BMZ supported the work of the ABS Initiative with 9.564 Mill Euro from 2006 to 2018. Using this leverage co-financing of 16,933 Mill Euro by six other donors could be secured.
ABS-CH Link to ABS Initiative
(https://absch.cbd.int/database/CBI/ABSCH-CBI-SCBD-207174)
Yes
Less than 10
No information provided
No information provided
