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Interim National Reports on the Implementation of the Nagoya Protocol (NR)
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last updated: 31 Oct 2017


Norway
No country selected.
Norway - Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-NO-209543-2 ABS National Focal Point Mr. Gaute Hanssen This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
To view the current National Focal Point information, click here.
    Yes
    Yes
     
    Yes
     
    No selection made
    No selection made
     
    Not applicable, since no access requirements are in place
    No selection made
    No
    Norway is in the process of designating check points. However, The import for utilisation in Norway of genetic material from a state that requires consent for collection or export of such material may only take place in accordance with such consent. The person that has control of the material is bound by the conditions that have been set for consent. Supervision with The nature Diversity Act section 60 is performed by The Norwegian Environment Authority which also has the power to monitor compliance that the conditions are being upheld. Wilful or neglect of the provisions laid down in section 60 is subject to penalties.
    *The Patents Act section 8b has disclosure requirements for the use of biological material or traditional knowledge: “The patent application shall include information on the country from which the inventor collected or received the material or the knowledge(the providing country). If it follows from the national law in the providing country that access to biological material or use of traditional knowledge shall be subject to prior consent, the application shall state whether such consent has been obtained. If the providing country is not the same as the country of origin of the biological material or the traditional knowledge, the application shall also state the country of origin. The country of origin means for biological material the country from which the material was collected from its natural environment and for traditional knowledge the country in which the knowledge was developed. If the national law in the country of origin requires that access to biological material or use of traditional knowledge shall be subject to prior consent, the application shall state whether such consent has been obtained. If the information set out in this subsection is not known, the applicant shall state that. The duty to disclose information concerning biological material under the first and second paragraphs applies even where the inventor has altered the structure of the received material. The duty to disclose information does not apply to biological material derived from the human body. When the biological material is aquired in accordance with Art. 12 No. 2 and 3 of the International Treaty on Plant Genetic Resources for Food and Agriculture of November, 3, 2001, a copy of a standard material transfer agreement according to Art 12.4 of the Treaty shall accompany the patent application instead of the information mentioned in paragraphs two and three. Breach of the duty to disclose information is subject to penalty in accordance with the General Civil Penal Code § 221. The duty to disclose information is without prejudice to the processing of patent applications or the validity of rights arising from granted patents”. Homonymeous requirements are spelled out in and the Act relating to the Plant Breeder`s Right, section 4.
    No additional information provided
    No
    A proposal on access regulations was put on public hearing by the Ministry of Climate and the Environment and the Ministry of Trade and Fisheries on 3. July 2017. Deadline for submissions was 3. October 2017.
    Until access regulations are in place, access to Norwegian genetic resources is free and unconditional.
    Not applicable
    Not applicable
    Not applicable
    Not applicable
    Not applicable
    Not applicable
      Yes
    Access to traditional knowledge associated with genetic material material held by indigenous peoples and local communities requires prior informed consent(regulations in force 1.1.2017) but to our knowledge there has been no cases concerning knowledge utilized without such consent
    No additional information provided
    Yes
    The Nature Diversity Act section 60 contains a provision that the import for utilisation in Norway of genetic material from a state that requires consent for collection or export of such material may only take place in accordance with such consent. The person that has control of the material is bound by the conditions that have been set for consent. The state may enforce the conditions by bringing legal action on behalf of the person that set them. These provisons depend on access and benefit regulations in the Providing Party. Further: When genetic material from another country is utilised in Norway for research or commercial purposes, it shall be accompanied by information regarding the country from which the genetic material has been received (provider country). If national law in the provider country requires consent for the collection of biological material, it shall be accompanied by information to the effect that such consent has been obtained. If the provider country is a country other than the country of origin of the genetic material, the country of origin shall also be stated. The country of origin means the country in which the material was collected from in situ sources. If national law in the country of origin requires consent for the collection of genetic material, information as to whether such consent has been obtained shall be provided. If the information under this paragraph is not known, this shall be stated.
    Yes
    According to section 57 of the Nature Diversity Act, Genetic material obtained from the natural environment is a common resource belonging to Norwegian society as a whole and managed by the state. Therefore, In Norway indigenous and local communities does not have established rights over these resources. However, genetic material shall be utilised to the greatest possible benefit of the environment and human beings in both a national and an international context, also attaching importance to appropriate measures for sharing the benefits arising out of the utilisation of genetic material and in such a way as to safeguard the interests of indigenous peoples and local communities. As an indigenous people, the Sami have the right to be consulted in matters that may affect them directly. The Norwegian Government and the Sami Parliament have agreed on consultation procedures to this end. Consultations are carried out in accordance with procedural guidelines also on issues regarding genetic material.
    Yes
    Regulations relating to the protection of traditional knowledge associated with genetic material were adopted by Royal Decree of 25. November 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity. The regulations are intended to ensure that the interests of indigenous peoples and local communities are safeguarded and respected in connection with access or use by others of knowledge associated with genetic material that has been developed, used, sustained and passed on within an indigenous people or local community (traditional knowledge). Access to and use by others of traditional knowledge associated with genetic material that is unique to or characteristic of an indigenous people or local community or that is linked to the traditional way of life of the community requires consent from a representative or decision-making body that is entitled to represent and make commitments on behalf of the indigenous people or local community. The regulations apply to traditional knowledge relating to genetic material developed, used, sustained and passed on by indigenous peoples and local communities in other countries, provided that access to or use of such knowledge requires consent under the legislation of the state in question.
    No additional information provided
    Yes
      Yes
      Nature Diversity Act section 60 first paragraph contains a provision that the import for utilisation in Norway of genetic material from a state that requires consent for collection or export of such material may only take place in accordance with such consent. The person that has control of the material is bound by the conditions that have been set for consent. The state may enforce the conditions by bringing legal action on behalf of the person that set them.
      No
    No cases as of yet.
    Yes
      Yes
      No
      Regulations relating to the protection of traditional knowledge associated with genetic material were adopted by Royal Decree of 25. November 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity. The regulations are intended to ensure that the interests of indigenous peoples and local communities are safeguarded and respected in connection with access or use by others of knowledge associated with genetic material that has been developed, used, sustained and passed on within an indigenous people or local community (traditional knowledge). Access to and use by others of traditional knowledge associated with genetic material that is unique to or characteristic of an indigenous people or local community or that is linked to the traditional way of life of the community requires consent from a representative or decision-making body that is entitled to represent and make commitments on behalf of the indigenous people or local community. The regulations apply to traditional knowledge relating to genetic material developed, used, sustained and passed on by indigenous peoples and local communities in other countries, provided that access to or use of such knowledge requires consent under the legislation of the state in question.
    No
      No selection made
    The Nature Diversity Act section 60 second and third paragraphs state: When genetic material from another country is utilised in Norway for research or commercial purposes, it shall be accompanied by information regarding the country from which the genetic material has been received (provider country). If national law in the provider country requires consent for the collection of biological material, it shall be accompanied by information to the effect that such consent has been obtained. If the provider country is a country other than the country of origin of the genetic material, the country of origin shall also be stated. The country of origin means the country in which the material was collected from in situ sources. If national law in the country of origin requires consent for the collection of genetic material, information as to whether such consent has been obtained shall be provided. If the information under this paragraph is not known, this shall be stated. The Nature Diversity Act Chapter VIII gives The Ministry the authority to supervise the state of the natural environment and to monitor compliance with the provisions laid down in and under the Act. The supervisory authority decides the areas that shall be subject to supervision. The supervisory authority shall carry out sufficient control and inspection measures to be able to detect breaches of provisions. The Norwegian Environment Agency is delegated authority to supervise the state of the natural environment and monitors compliance with the provisions laid down in and under the Act, also Chapter VII Access to Genetic Material. The Act relating to the Plant Breeder`s Right. and the Patents Act also contains mandatory disclosure requirements, see section 9 of this questionnaire. The Government is working on the formal designation of check points in accordance with article 17.
    No
      Not selected
    No
    No
    Cost-effective communication tools and systems are part of what the Government is working on in association with the designation of check points. The same applies to the regulation dealing with access to Norwegian genetic material. The Norwegian Environment Authority has developed a web-based information center that may be used as a hub to provide and access relevant information under the Nagoya Protocol.
    No additional information provided
    Not applicable, since no access requirements are in place
    No selection made
    No
    Norway as a provider country: Not applicable, since no access requirements are in place. Norway as a user country: The import for utilisation in Norway of genetic material from a state that requires consent for collection or export of such material may only take place in accordance with such consent. The person that has control of the material is bound by the conditions that have been set for consent. The state may enforce the conditions by bringing legal action on behalf of the person that set them.
    Yes
    Both users and providers have access to Norwegian Civil Courts provided that they have legal standing. Legal standing is assessed on a case by case basis. We would also like to make reference to the Nature Diversity Act section 60 which says that the import for utilisation in Norway of genetic material from a state that requires consent for collection or export of such material may only take place in accordance with such consent. The person that has control of the material is bound by the conditions that have been set for consent. The Norwegian state may also enforce the conditions by bringing legal action on behalf of the person that set them.
    No
    Norway has agreements with some countries , regarding mutual recognition and enforcement of foreign judgements and arbitral awards which would also include ABS but have not not entered into agreements with other countries on ABS mechanisms regarding mutual recognition and enforcement of foreign judgements and arbitral awards
    No additional information provided
    Yes
    Section 58 of the Nature Diversity Act says that The King may determine that the collection of biological material from the natural environment for the purpose of utilising the genetic material, or the utilisation of such material, requires a permit from the Ministry. Change of intent from research to other uses may depend on a new permit. A proposal for access regulations has been on public hearing and the Norwegian Government aim to clarify the issue of change of intent as part of the work on these regulations.
    Yes
    This is also an issue to be assessed in the pending access regulations. The Nature Diversity Act and the Marine Resources Act gives the Government discretionary competence to pay due regard. Norway is also a member to the WHO and pays close attention to the development of the PIP-Framework.
    Yes
    This is also an issue to be assessed in the pending access regulations. The Nature Diversity Act and the Marine Resources Act gives the Government discretionary competence to pay due regard. Norway is also a member to the WHO and pays close attention to the development of the PIP-Framework.
    Yes
    Section 58 first section says that collection for use in public collections and for use and further breeding or cultivation in agriculture or forestry does not require a permit. Therefore, pending access regulations will not cover use and further breeding or cultivation in agriculture or forestry. Norway is also Party to the International Treaty on Plant Genetic Resources for Food and Agriculture. Section 61 of the Nature Diversity Act says that the King may make regulations regarding the implementation of the International Treaty on Plant Genetic Resources for Food and Agriculture of 3 November 2001 in Norwegian law. The regulations may make further clarifications and exemptions from the provisions of Nature Diversity Act Chapter VII.
    No additional information provided
    Yes
    No
    No selection made
    No selection made
    Yes
    Regulations relating to the protection of traditional knowledge associated with genetic material were adopted by Royal Decree of 25. november 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity. The regulations are intended to ensure that the interests of indigenous peoples and local communities are safeguarded and respected in connection with access or use by others of knowledge associated with genetic material that has been developed, used, sustained and passed on within an indigenous people or local community (traditional knowledge). Access to and use by others of traditional knowledge associated with genetic material that is unique to or characteristic of an indigenous people or local community or that is linked to the traditional way of life of the community requires consent from a representative or decision-making body that is entitled to represent and make commitments on behalf of the indigenous people or local community. The regulations apply to traditional knowledge relating to genetic material developed, used, sustained and passed on by indigenous peoples and local communities in other countries, provided that access to or use of such knowledge requires consent under the legislation of the state in question.
    Yes
    The regulations relating to the protection of traditional knowledge associated with genetic material adopted by Royal Decree of 25. november 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity lay out a demand for prior informed consent but does not set up procedures to this end. The users must follow the specific access procedures of the indigenous people or local community in question.
    Yes
    The website Lovdata.no provides access to a collection of online legal resources including on obligations on prior informed consent on access to traditional knowledge associated with genetic material.
    No selection made
      No selection made
      No selection made
      No selection made
    Yes
    Regulations relating to the protection of traditional knowledge associated with genetic material were adopted by Royal Decree of 25. November 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity does not restrict the customary use and exchange of genetic resources and associated traditional knowledge within and among indigenous peoples and local communities, nor does the regulation restrict the customary use of associated traditional knowledge within indigenous peoples and local communities. Further, indigenous peoples and local communities holding traditional knowledge may also agree to exchange such knowledge with other such communities.
    No selection made
    No additional information provided.
    No
    In a Norwegian context access regulations are foreseen to be the legal instrument to direct benefits arising from the utilization of genetic resources towards the conservation of biological diversity and sustainable use of its components as provided in Article 9. Such assess regulations are pending.
    No answer provided
    Many of the ABS provisions of the Norwegian ABS Framework are a follow-up of the CBD. However, one can argue that the ongoing implementation of the Nagoya Protocol has lead to more awareness of the value of ecosystem services in Norway.
    No additional information provided.
    No summary - this text is provided because the system asks for a text.
    Yes
    As an indigenous people, the Sami have the right to be consulted in matters that may affect them directly. The Norwegian Government and the Sami Parliament have agreed on consultation procedures to this end. Consultations are carried out in accordance with procedural guidelines also on issues regarding genetic material.
    If a situation arises where the same genetic resource is found in Norway and in another state Norway will endeavour to cooperate in accordance with article 11.1. However, access regulations are still pending and such a situation is hypothetical.
    Not applicable, since there are no indigenous and local communities in my country
    Yes
    Regulations relating to the protection of traditional knowledge associated with genetic material were adopted by Royal Decree of 25. november 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity is in force since January 1st 2017. In case a situation arises where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties as provided in Article 11.2 Norway will endeavour to cooperate with the other Party.
    No additional information provided
    No
    Norway is not encouraging the development, update and use of model contractual clauses for MAT as of yet. Such encouragement will depend on them being appropriate in a Norwegian access-regulations model.
    No
    Norway does not explicitly encourage the development, update and use of codes of conduct, guidelines and best practices or standards as provided in Article 20. The implementation of the Protocol Norway relies primarily on legal measures. Regarding use of genetic material from other countries The Nature Diversity Act section 60 says: The import for utilisation in Norway of genetic material from a state that requires consent for collection or export of such material may only take place in accordance with such consent. The person that has control of the material is bound by the conditions that have been set for consent. The state may enforce the conditions by bringing legal action on behalf of the person that set them. This legal measure binds any user of genetic material from other countries in Norway. Regarding the access and use of genetic material from Norway the pending access regulations will address issues of development, update and use of codes of conduct, guidelines and best practices or standards as provided in Article 20, as appropriate. This legal measure binds any user of genetic material from other countries in Norway.
    No additional information provided
    No
    No
    The Norwegian ABS Framework in which the Nature Diversity Act is a central part has developed in the course of an approximate 15-year period. The Framework is the core of Norways awareness-raising efforts. The Framework is under development. On Traditional knowledge Norway would like to highlight the regulations relating to the protection of traditional knowledge associated with genetic material adopted by Royal Decree of 25. november 2016 under section 61a of the Act of 19 June 2009 No. 100 relating to the management of biological, geological and landscape diversity, in force since January 1st 2017. These regulations are published on www.lovdata.no, are translated into English, published in the ABS Clearing House and are accessible to all users. Before they were adopted stakeholders were involved in a public hearing which also involved the Sami Parliament. The Government also made efforts to make sure the proposal was known to all relevant Sami organisations. The Government also had consultations with the Sami Parliament on the regulations.
    Yes
    No
    Norway contributed in 2009-2016 to the multi donor ABS Capacity Building Initiative for Africa
    No
    Yes
    Norway contributed in 2009-2016 to the multi donor ABS Capacity Building Initiative for Africa
    No additional information provided
    Yes
    Norway contributed in 2009-2016 to the multi donor ABS Capacity Building Initiative for Africa. Norway has also engaged in a bilateral capacity-building project with India via CEBPOL which also deals with genetic resources. For more information: http//nbaindia.org/cebpol/abs.html
    Norway is both a provider and a user of genetic resources. Norways research activities are mainly organised and funded through The Research Council of Norway. ABS is included in research programmes under the Council and several projects have received funding in the ABS-area. Norwegian State Universities and independent research institutes, such as the Fritjof Nansens Institute(FNI), are involved in activities that are listed in the Annex of the Nagoya Protocol, for instance research funding and sharing of research and development results, collaboration, cooperation and contribution in scientific research and development programmes, particularly biotechnological research activities, also in the Party providing genetic resources.
    No additional information provided
    No selection made
      No selection made
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