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To view the current National Focal Point information, click
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Yes
We did not encounter any difficulties regarding publishing information to the ABS Clearing-House.
Yes
Regulation (EU) 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and 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)
Regulation 3/2016 (I. 20.) of the Government on the rules of implementation of certain international and European community legislation in relation to access to genetic resources and the fair and equitable sharing of benefits arising from their utilization.
This Government Regulation is the implementation of the Nagoya Protocol and the 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.
It designates the National Focal Point, the Competent National Authority and the checkpoints. It establishes the information flow between the users of genetic resources, the Competent National Authority and the checkpoints. It also establishes the rules on penalties applicable to infringements of Regulation 511/2015/EU.
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.
Pursuant to Article 7(1) and (2) of Regulation 511/2014 designated competent authorities receive information as provided in Article 17(1) of the Protocol from users within their jurisdiction.
In Hungary, the competent authority designated is the Pest County Government Office.
More specifically, there are two checkpoints in Hungary, as established at EU level:
1st checkpoint: competent authorities designated under Regulation 511/2014, (Pest County Government Office) 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 511/2014, i.e. (Pest County Government Office) 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 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.
In addition, there are also other checkpoints established in Hungary, that aid the work of the competent authority. These are the National Office of Research, Development and Innovation, Hungarian Academy of Sciences and the National Institute of Pharmacy and Nutrition.
Please provide a summary of the main difficulties and challenges encountered for designating one or more checkpoints:
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.
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.
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.
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.
Regulation (EU) 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) 511/2014 as regards register of collections, monitoring user compliance and best practices; entered into force on 9 November 2015;
The competent authority imposes a fine on the user in the amount of one hundred thousand Forints for failing to submit the due diligence declaration.
The fine is five million Forints for the failure to apply due diligence referred to in Article 4 (3) of the Regulation.
The fine is ten million Forint for the failure to apply due diligence referred to in Article 4 (3) of the Regulation when a product made with the utilisation of genetic resources or traditional knowledge associated with genetic resources is distributed in trade.
Both the EU ABS Regulation (511/2014) and Commission Implementing Regulation (2015/1866) are applicable to genetic resources and to traditional knowledge associated with the genetic resources; these Regulations provide for the legal framework to deal with issues of non-compliance.
In line with Article 7(1) and (2) of Regulation 511/2014, users need to provide information as required by Article 17(1) of the Protocol to the Pest County Government Office. Annexes II and III to the Commission Implementing Regulation provide for the list of information requested from researchers 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 resources.
Yes
In addition to the above, competent authorities in Hungary are obliged, based on Article 9 of Regulation 511/2014, to perform checks on user compliance in accordance with a periodically revised risk-based plan.
Article 13 of Regulation 511/2014 obliges the 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 traditional knowledge associated by genetic resources by collections and users. Hungary also plans to use the EU wide IT tool for ABS, called "Declare".
No additional information provided
Not applicable, since no access requirements are in place
No
No
No
No
No additional information provided
No
Hungary has no access legislation as of today, therefore this question is not applicable to our country.
Yes
Article 4(8) of Regulation 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.
Recital 12 of Regulation 511/2014 recalls Article 8(c) of the Protocol and explains that the ITPGRFA is a specialised instrument within the meaning of Article 4(4) of the Protocol. The 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.
In line with Article 13 of Regulation 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
Hungary has not reached this phase of the implementation process so far.
No additional information provided.
Yes
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 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. Hungary has not introduced any measures that encourages the development and use of model contractual clauses, as we have not had any actual benetfit-sharing case in Hungary so far.
In line with Article 13 of Regulation 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.
At awareness-raising and capacity-building events, we have drawn the stakeholders attention to these methods. However, Hungary has not reached this phase of the implementation process, therefore we have not taken any active measures that encourages the development and use of codes of conduct, guidelines and best practices or standards.
No additional information provided
Yes
Yes
We promote the Nagoya Protocol and its objectives through a wide variety of activities. We have organized several meetings with stakeholders, and involved them in the implementation process. The National Focal Point regularly provides information to enquiries. Hungary maintains and regularly updates its biodiversity focused information portal, where the Nagoya Protocol and the EU ABS Regulation has a dedicated page. Experts have organized and participated at several events to disseminate information and raise awareness.
Yes
Yes
Hungary has organized two workshops for genetic resources users to build capacity within key institutions. These events were suitable to build capacity to implement and comply with the obligations of the Protocol (key area 1.) however not suitable to cover other key areas of the framework, especially key areas 3, 4 and 5.
No
No
No additional information provided
No
No additional information provided
No
No
No information provided
No information provided
Yes
Less than 5
There are several people who administer ABS related tasks, but none of them are exclusively working on this file. Approximately the equivalent of the work of 2 persons is dedicated to ABS.
