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Legislative, Administrative or Policy Measure
(MSR)
published: 05 Jun 2015
last updated: 19 Oct 2016
Nature Diversity Act Chapter VII Access to genetic material
The Nature Diversity Act Chapter VII has provisions on access to genetic material. Importance is attached to the management of genetic material by the state, as a common resource that belongs to Norwegian society as a whole. The utilisation of genetic material must be to the greatest possible benefit of people and the environment in both a national and an international context. Due regard must also be paid to fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, in such a way as to safeguard the interests of indigenous peoples and local communities.
The King in Council may make regulations under the Act introducing a general requirement to hold a permit for collection and utilisation of genetic material. This provision only applies to genetic material collected from the natural environment. Removal from public collections and collection for use and further breeding and cultivation in agriculture and forestry are excepted from the requirement to hold a permit.
The King may make regulations prescribing that the benefits arising out of the collection and utilisation of genetic material from Norway shall accrue to the state. Both monetary and non-monetary benefits may be regulated. The provisions on access to genetic material apply both on land and in the sea.
Provisions on access to genetic material in public collections in Norway require any person who manages such collections to register any genetic material removed from the collection and provide public access to such information.
Import of genetic material for utilisation in Norway from a state that requires consent for collection or export of such material may only take place if such consent has been given and in accordance with the conditions laid down for such consent. This will make it possible to enforce the requirement for consent in Norway.
National / Federal
Legally binding
01 Jul 2009
Law
No
- Lovdata website [ Norwegian ]
- Nature Diversity Act.doc [ English ]
EN
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Organization:
Ministry of Climate and Environment
(KLD)
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ABSCH-CON-NO-207041-1
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
Oslo,Organization:Ministry of Climate and Environment (KLD)Government agency (National/Federal)Senior Legal Advisor Gaute Voigt-Hanssen, Departement of nature management
Postboks 8013 Dep 0030 OSLO, NorwayPhone: + 47 22 24 90 90,Fax: +47 22 24 95 60,Website:
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ABSCH-MSR-NO-261436-2 Legislative, Administrative or Policy Measure Act on amendments to the Nature Diversity Act (utilization of genetic material originating in other countries and traditional knowledge related to the utilization of such material)An amendment to the Nature Diversity Act was adopted by Parliament in june 2022. Alterations regards section 60 paragraphs 2, 3 and 4.
The ammendmet sets requirements for information to be available for the exploitation of genetic material originating in other countries are extended to include information on mutually agreed terms. In addition, the disclosure requirements are extended to also apply to the exploitation in Norway of traditional knowledge related to genetic material originating in other countries.The King may issue regulations that stipulates a. further requirements for the information that must be available and requirements for additional information, b. duty of the user to preserve and transfer the information to later users, c. that the utilizer shall make a declaration to a designated authority on compliance with the disclosure requirements when funds are received for research that includes the utilization of genetic material or traditional knowledge related to such material, and when products are developed through the utilization of such material or such knowledged. the designated authority's processing and dissemination of the information. -
ABSCH-MSR-NO-203982-3 Legislative, Administrative or Policy Measure Traditional knowledge associated with genetic resourcesAn amendment to the Nature Diversity Act was adopted by Parliament in june 2013 in order to be able to ratify the Nagoya Protocol. A New section 61 a was added.
Authorities shall facilitate respect and safeguarding of the interests of indigenous peoples and local communities when traditional knowledge associated with genetic resources that is developed and preserved by indigenous and local communities is accessed and utilized.
The King may issue a regulation stipulating that access to and utilisation of traditional knowledge associated with genetic resources requires prior informed consent from the indigenous peoples or local community, including rules on sanctions and remedies against misappropriation of such traditional knowledge associated with genetic resources. This could also be applied to traditional knowledge associated with genetic resources that is developed, transferred and preserved by indigenous peoples and local communities in another state, provided that the national legislation of that state requires prior informed consent for access to or utilization of traditional knowledge associated with genetic resources.
The Norwegian ABS-Framework consists of:
- the Nature Diversity Act,
- the Marine Resources Act,
- the Patents Act and
- the Plant Variety Act.
The Nature Diversity Act has disclosure requirements in section 60(Genetic material from other countries)
The Patents Act has disclosure requirements regarding country of origin/providing country, traditional knowledge and whether prior informed consent has been sought
The duty to disclose information is without prejudice to the processing of the patent application or the validity of the patent
The Plant Variety Act has disclosure requirements similar to the requirements in the Patents Act
The Marine Resources Act Corresponds with the Nature Diversity Act on access and benefit sharing
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1. The Nature Diversity Act and the Marine Resources Act give the King competence to make Access-regulations. Access regulations have not been finalised but are expected to enter into force in july 2017. Until regulations are finalised Norwegian genetic material can still be accessed without a permit, and there are still no requirements for benefit-sharing.
2. User country measures are in force, see Nature Diversity Act section 60.
3. Work on checkpoints is in progress.
4. Regulations on traditional knowlegde associated with genetic material is underway and is expected to enter into force January 1st 2017.
| Record type | Field | Record(s) | |
|---|---|---|---|
| Legislative, Administrative or Policy Measure | List of amended measures | 2 | |
