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Yes
Yes
Being the member state of the EU, Poland is obliged to implement the regulation (EU) 511/2014 on compliance measures for users of the Nagoya Protocol, and Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards the register of collections, monitoring user compliance and best practices. Implementation of those regulations is supported by the Commission Notice - Guidance document on the scope of application and core obligations of Regulation (EU)511/2014.
In order to create institutional framework for the implementation of EU regulation related to the Nagoya Protocol, Poland has adopted its national legislation - Act of 19 July 2016 on Access to Genetic Resources and Sharing of Benefits Arising from their Utilization (hereinafter: ABS Act)
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 equitable shared upon mutually agreed terms, 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 equitable shared upon mutually agreed terms, 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 equitable shared upon mutually agreed terms, 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 9 June 2014 and into application on 12
October 2014; some provisions entered into application on 12 October 2015.
Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards the register of collections, monitoring user compliance and best practices; entered into force on 9 November 2015.
Act of 19 July 2016 on ABS foresees penalties for infringements of relevant regulations (they can take form of notice of remedial action or/and administrative fines).
The ABS Act provides for levels of penalties for offences against particular articles of Regulation 511/2014, where these levels are differentiated: from approx. 1000 - 10 000 PLN for failure to submit the due diligence declaration despite the obligation set out in Article 7 (1) of the Regulation, to 10 000 - 100 000 PLN for the use of genetic resources despite failure to obtain access permission or its equivalence and failure to establish mutually agreed conditions despite the obligation set out in Article 4 (5) of the Regulation.
Both the Regulation (EU) 511/2014 and Commission Regulation 2015/1866 are applicable to genetic resources and traditional knowledge associated with genetic resources and they provide for the legal framework for addressing any issues of non-compliance in EU member states, including Poland. Additional institutional provisions are included in the ABS Act.
Relevant provisions are included in the EU Regulation 511/2014 and in the ABS Act. In line with Article 7(1) and 7(2) of Regulation 511/2014, users need
to provide information as required by Article 17(1) of the Protocol to designated competent authority (Minister of the Environment). Annex II and III to the Commission implementing Regulation provide for the specific information requested from users; this includes information related to PIC, to the source of genetic resource, to the establishment of MAT and to utilisation of genetic resources. The competent authority is obliged, based on Article 9 of Regulation 511/2014, to perform checks on user compliance in accordance with periodically revised risk-based plans.
The competent authority is responsible for providing this information to relevant national authorities in the Party granting PIC and to the ABS Clearing-House, in the form of
checkpoint communiqués. So far the checkpoint did not receive any information.
Yes
Several trainings and conferences were organised in order to inform and encourage potential users and providers.
Yes
Article 13 of the Regulation 511/2014 obliges both the European Commission and the EU 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 with genetic resources by collections and users. An EU-wide web-based application is being developed for the users to submit due diligence declarations electronically to the competent authorities. The portal will be connected to the ABS Clearing House, thus allowing competent authorities to transfer information in a cost effective way.
No additional information provided
Not applicable, since no access requirements are in place
No selection made
Yes
Under Polish law other states or entities have the same legal standing and the same access to justice as Polish state or entities.
Yes
Under Polish law other states or entities have the same legal standing and the same access to justice as Polish state or entities.
Yes
Under Polish law other states or entities have the same legal standing and the same access to justice as Polish state or entities.
No additional information provided
No
Not applicable, since no access requirements are in place.
No
Not applicable since no access requirements are in place. Article 4(8) of Regulation 511/2014 however 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
Not applicable since no access requirements are in place.
No
Not applicable since no access requirements are in place. Recital 12 of Regulation 511/2014 however recalls Article 8(c) of the Protocol and explains that ITPGRFA is a specialised instrument within the meaning of Article 4(4) of the Protocol. The Regulation also recognises that where Parties have decided to use standard material transfer agreements for plant genetic resources for food and agriculture (PGRFA) which are not covered by ITPGRFA, but which are under their control and in the public domain, no due diligence NP EU reporting declaration is 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
This issue was underlined during several awareness raising activities, workshops, conferences.
No answer provided
Not applicable since no access requirements are in place.
No additional information provided.
No
Not applicable since no access requirements are in place.
Not applicable, since there are no indigenous and local communities in my country
No selection made
No additional information provided
Yes
Poland fulfills requirements set in art.8 of Regulation 511/2014 (on best practices) and art.13 of Regulation 511/2014 (sectoral codes of conduct) by awareness raising activities, workshops, conferences.
Yes
Poland fulfills requirements set in art.8 of Regulation 511/2014 (on best practices) and art.13 of Regulation 511/2014 (sectoral codes of conduct) by awareness raising activities, workshops, conferences.
Since the entry into force of Nagoya Protocol, Ministry of Environment has organised or helped to organise 2 trainings, 1 workshop, 6 conferences and a series of lectures on access and benefit sharing. Those activities have covered about 1,000 participants and 250-350 students annually.
Yes
Yes
Several events were organised in order to raise awareness and build stakeholders capacity
On the basis of the ABS Act several new posts have been created in the administration responsible for implementation of ABS regulation (220 person-months per year)
No
No
No additional information provided
No
No additional information provided
No particular challenges encountered.
Yes
Art. 24 of the ABS Act provides for the maximum limit of expenses from the state budget (covered by the National Fund for Environmental Protection and Water Management) being the financial effect of the Act: 14 732 842 PLN in the period 2016-2025.
No
No information provided
No information provided
Yes
10 or more
On the basis of the ABS Act several new posts have been created in the administration responsible for implementation of ABS regulation (220 person-months per year)
