Japan | ABSCH-NR-JP-238857 | Interim National Reports on the Implementation of the Nagoya Protocol | Access and Benefit-Sharing Clearing-House

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last updated: 10 Nov 2017


No country selected
Japan’s Interim National Reports on the Implementation of the Nagoya Protocol (NR)
CHM-NFP-JP-209482-5 ABS National Focal Point Ms. Kaori Tsujita
    Yes
    ABSCH-NFP-JP-209482-5; ABSCH-MSR-JP-238074-2; ABSCH-NDB-JP-238072-1; ABSCH-CP-JP-238071-1
    Yes
     
    The Guidelines on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization (hereinafter referred to as “the ABS Guidelines”) were promulgated on May 18, 2017, as a joint public notice of the Ministry of Finance, the Ministry of Education, Culture, Sports, Science and Technology, the Ministry of Health, Labour and Welfare, the Ministry of Agriculture, Forestry and Fisheries, the Ministry of Economy, Trade and Industry, and the Ministry of the Environment, which came into effect on August 20, 2017.
    Yes
    Not applicable.  
    Not applicable.
    No
    Not applicable. 
    Not applicable, since Japan made a determination not to take access measures based on Article 6.1 for the time being.
    Not applicable, since no access requirements are in place
    No selection made
    Not applicable.  
    Not applicable.
    Not applicable, since no access requirements are in place
    No selection made
    Not applicable.
    Yes
    Not applicable.
    The Ministry of the Environment serves as a checkpoint.
    No
    PIC is not required since Japan made a determination not to take access measures based on Article 6.1 for the time being. This is specified in the ABS Guidelines. In Japan, however, access and other actions to genetic resources owned by a specific person are restricted due to his or her ownership. Moreover, taking of plants and animals is regulated by several domestic laws on nature protection in order to safeguard biodiversity. The need for developing access measures is to be further considered within five years from the date on which the ABS Guidelines came into effect, taking into account changes in social circumstances and others concerning access to genetic resources and the fair and equitable sharing of benefits arising from their utilization.
    Not applicable
    Not applicable
    Not applicable
    Not applicable
    Not applicable
    Not applicable
    No selection made
    Not applicable, since Japan made a determination not to take access measures based on Article 6.1 for the time being.
    No additional information provided
    Yes
    According to the ABS Guidelines, the Minister of the Environment and other competent ministers encourage users of genetic resources, to which the legislation in the provider country applies in their access, to conclude contracts that ensure the fair and equitable sharing of benefits arising from their utilization, when they are requested to share the benefits by the providers of such resources.
    Yes
    According to the ABS Guidelines, the Minister of the Environment and other competent ministers encourage people in Japan, who utilize genetic resources that are held by indigenous and local communities in accordance with domestic legislation of the provider countries, to conclude contracts that ensure the fair and equitable sharing of benefits arising from their utilization, when they are requested to share the benefits by the indigenous and local communities concerned.
    Yes
    According to the ABS Guidelines, the Minister of the Environment and other competent ministers encourage users of traditional knowledge associated with genetic resources, to which the legislation in the provider country applies in their access, to conclude contracts that ensure the fair and equitable sharing of benefits arising from their utilization, when they are requested to share the benefits by the providers of such knowledge.
    No additional information provided
    Yes
      Yes
      The ABS Guidelines provide the following measures: If a person has obtained access to genetic resources, to which legislation or regulatory requirements of the provider country pursuant to Article 6 and posted to ABS-CH as set out in Article 14 applies, and imported them into Japan, and if the country has posted the permit or its equivalent that proves lawful access to ABS-CH pursuant to Article 6.3(e), the Minister of the Environment is to urge the person to submit a report as information to prove that the genetic resources were lawfully accessed, within six months from the date of the posting. If the report proving lawful access to genetic resources, to which the legislation or regulatory requirements of the provider country that is posted to the ABS-CH applies, is submitted by a person who has received the genetic resources from another person and imported or brought them into Japan, the Minister of the Environment may accept the report. The Minister of the Environment is to disseminate the reported information in Japan and abroad by providing it to ABS-CH for posting and by publishing it on the website of the Ministry of the Environment.
      The Minister of the Environment is to urge acquirers who did not submit a report within the period provided in the ABS Guidelines to submit the report. Furthermore, the Minister of the Environment and other competent ministers are to provide the acquirers with necessary guidance and advice concerning the reporting, as appropriate. If the information of acquirers to whom prior informed consent was given is not available through an internationally recognized certificate of compliance (IRCC) due to its confidentiality, the Minister of the Environment is to publicize unique identifiers of the IRCC on the website of the Ministry of the Environment and call upon the acquires to submit the report.
      No
    Not applicable at the time of this reporting.
    Yes
      Yes
      No
      The ABS Guidelines provide the following measures. There has been no case of alleged violation by the time of this reporting. When a Party to the Protocol other than Japan alleges a violation of legislation of the provider country, the Minister of the Environment is to urge the acquirers, importers, users of the genetic resources or traditional knowledge associated with genetic resources and other persons, who handle the genetic resources or traditional knowledge associated with genetic resources concerning the case for which the allegation is made, to provide information on the alleged violation of the legislation of the provider country in relation to the access to, import or utilization of, and other handling of the genetic resources or traditional knowledge associated with genetic resources they have, within the scope of Parties' obligation for cooperation provided in the Protocol, as appropriate. In addition, the Minister of the Environment and other competent ministers are to provide the persons handling the genetic resources or traditional knowledge associated with genetic resources with necessary guidance and advice concerning the provision of information related to the access to the genetic resources or traditional knowledge associated with genetic resources they have, as appropriate. The Minister of the Environment is to provide the information obtained to the provider country through the designated national focal point as provided for in Article 13.1 or other contact points, as appropriate.
    Yes
      The ABS Guidelines provide the following measures: If a person who submits a report (regarding report, see question 24) states in the report that he or she will use genetic resources on his or her own, the Minister of the Environment is to request the person to provide relevant information on the utilization of genetic resources after approximately five years have elapsed from the date on which the report was submitted, as appropriate.
      Yes
        The Minister of the Environment is to re-urge any person who has not provided information despite the above-mentioned request for information to provide relevant information on the utilization of genetic resources. Moreover, the Minister of the Environment and other competent ministers are to provide guidance and advice to those who have not submitted the information, as appropriate.
    No
      Not selected
    Under the ABS Guidelines, the Minister of the Environment is to provide ABS-CH with relevant information on the utilization of genetic resources upon request of the person who provided the information for its posting to enhance transparency and credibility.
    Yes
    According to the ABS Guidelines, the Minister of the Environment and other competent ministers encourage users and providers of genetic resources to include in MAT provisions to share information on the implementation of terms set out in the MAT, including information under reporting requirements.
    Yes
    The Minister of the Environment is using cost-effective communication tools and systems such as the website of the Ministry of the Environment.
    No addtional information provided
    Not applicable, since no access requirements are in place
    No selection made
    Not applicable, since Japan made a determination not to take access measures based on Article 6.1 for the time being.
    Yes
    Should any dispute arise over a MAT, whether the case falls within the jurisdiction of a Japanese court or not will be determined pursuant to relevant provisions of Section 1, Chapter II, Part I of the Code of Civil Procedure, which provide for requirement to be fulfilled to grant a Japanese court to exercise its jurisdiction . Main relevant provisions of Section 1, Chapter II, Part I of the Code of Civil Procedure are: Article 3-2 (1) and (3); Article 3-3 (1), (3) to (5) and (8); and Article 3-5 (1) and (3).
    Yes
    Yes
    The relevant provisions of the Code of Civil Procedure, the Civil Execution Act and the Arbitration Act specify requirements to validate a final and binding judgement or an arbitral award with a final and binding execution order rendered by a foreign court in Japan.
    No additional information provided
    No
    Not applicable, since Japan made a determination not to take access measures based on Article 6.1 for the time being.
    No
    Not applicable for expeditious access to genetic resources, since Japan made a determination not to take access measures based on Article 6.1 for the time being.
    No
    Not applicable for expeditious access to genetic resources, since Japan made a determination not to take access measures based on Article 6.1 for the time being. Taking into consideration the need for expeditious sharing of benefits arising from the utilization of genetic resources (pathogens, specifically) in present or imminent emergencies that threaten or damage human, animal or plant health, the ABS Guidelines specify that the procedural requirements of domestic measures based on Articles 15 and 16 are relaxed in situations deemed as emergencies, in accordance with the International Health Regulations of the World Health Organization, or domestic legislation (e.g. Infectious Disease Act) or regulatory requirements. In those cases, the acquirer is to submit a report to prove lawful access within six months from the date on which the terms for deeming that the emergency has been settled are fulfilled.
    No
    Not applicable, since Japan made a determination not to take access measures based on Article 6.1 for the time being.
    No additional information provided
    Yes
    The Ainu community is recognized as an indigenous community.
    No
    No selection made
    No selection made
    No
    No
    No
    No selection made
      No selection made
      No selection made
      No selection made
    No
    No selection made
    No additional information provided.
    Yes
    According to the ABS Guidelines, the Minister of the Environment, in cooperation with other competent ministers, encourages those who provide genetic resources existing in Japan for utilization and those who utilize genetic resources which exist in Japan or to which the provider country’s legislation is applied in their access, to allocate benefits arising from their utilization to the conservation of biological diversity and the sustainable use of its components.
    No answer provided
    There has been no specific data as domestic measures have just started to be implemented.
    No additional information provided.
    No
    Not applicable, since there are no indigenous and local communities in my country
    No
    No additional information provided
    Yes
    According to the ABS Guidelines, the Minister of the Environment, in cooperation with other competent ministers, encourages relevant organizations to develop, update and utilize cross-sectoral model contractual clauses for MAT. Furthermore, competent ministers encourage industrial associations and other relevant organizations under their respective purviews to develop, update and utilize sectoral model contractual clauses for MAT. For example, the National Institute of Genetics under the Ministry of Education, Culture, Sports, Science and Technology has been preparing for publishing model contracts for universities and other research institutes.
    Yes
    According to the ABS Guidelines and others, the Minister of the Environment, in cooperation with other competent ministers, encourages relevant organizations to develop, update and utilize cross-sectoral voluntary codes of conduct, guidelines and best practices or standards. Furthermore, in the ABS Guidelines and others, competent ministers encourage industrial associations and other relevant organizations under their respective purviews to develop, update and utilize voluntary codes of conduct, guidelines and best practices or standards. For example, the National Institute of Genetics under the Ministry of Education, Culture, Sports, Science and Technology, and the Japan Bioindustry Association, in cooperation with the Ministry of Economy, Trade and Industry, have developed the following documents: - A brochure on institutional development to explain to universities and other research institutes how to access foreign genetic resources, how to develop contracts, etc. (developed by the National Institute of Genetics). - A handbook explaining to researchers the procedures and precautions required when accessing foreign genetic resources (under development by the National Institute of Genetics) - “Guidelines on Access to Genetic Resources for Users in Japan” developed for a wide range of users in Japan (developed by the Japan Bioindustry Association) Moreover, the National Institute of Technology and Evaluation (NITE) under the Ministry of Economy, Trade and Industry has been collaborating with other Asian countries. The collaboration includes joint exploration of microbial resources with Japanese entities for provision and utilization of the resources in Japan, while providing royalties for the resource use and sharing benefits arising from their commercialization to the provider countries. NITE has also been sharing non-monetary benefits, such as transfer of knowledge and technology by holding workshops on microbiology in the provider countries. ABSCH-A19A20-SCBD-207597-1
    No additional information provided
    Yes
    Yes
    The Minister of the Environment and other competent ministers have taken measures to raise public awareness on the importance of genetic resources and traditional knowledge associated with genetic resources and related access and benefit-sharing issues by organizing explanatory meetings and seminars, providing consulting services, developing brochures and handbooks to explain to researchers and plant breeders procedures and precautions required when accessing foreign genetic resources (a handbook for researchers being under development), publishing access guidelines for industries, developing a national ABS-CH, and distributing emails to inform academics of news and events related to the Nagoya Protocol.
    Yes
    Yes
    NITE has concluded joint project agreements with several Asian countries (China, the Republic of Korea, Indonesia, Mongolia, Myanmar, Thailand and Vietnam) to transfer technology for acquisition, preservation, and utilization of microbial resources. In particular, the project to assist Indonesia in constructing conservation facilities for microbial resources is considered to have contributed to future conservation and sustainable use of genetic resources in Indonesia. Furthermore, in collaboration with Biological Resource Centers and other relevant organizations in Asian countries, NITE has been leading the Asian Consortium for the Conservation and Sustainable Use of Microbial Resources to share information on and discuss various ABS issues.
    No
    Yes
    Japan has been assisting developing country Parties and others with their capacity building for effective implementation of the Protocol through contributions to the Nagoya Protocol Implementation Fund and the Japan Biodiversity Fund as well as development assistant projects.
    No additional information provided
    Yes
    The Ministry of Foreign Affairs, and if applicable other related ministries, has been collaborating and cooperating with other Parties in technical and scientific research and development programs within their respective purviews, and also facilitating and encouraging technology transfer to developing country Parties and other countries. For example, NITE has concluded joint project agreements with several Asian countries (China, Indonesia, the Republic of Korea, Mongolia, Myanmar, Thailand and Vietnam) to transfer technology for acquisition, preservation, and utilization of microbial resources. In particular, NITE engaged in the Sleeping Microbial Beauties Project, to which Japan was committed at the high-level segment of COP 10 in Nagoya, and assisted Indonesia in constructing conservation facilities for microbial resources which contribute to future conservation and sustainable use of genetic resources in Indonesia. Moreover, in collaboration with Biological Resource Centers and other relevant organizations in Asian countries, NITE has established and been serving as the Secretariat of the Asian Consortium for the Conservation and Sustainable Use of Microbial Resources which is an active forum for information sharing and discussion on various ABS issues and research and technology development.
    No additional information provided
    Yes
    At COP10 in Nagoya, Japan committed itself to establishing the Nagoya Protocol Implementation Fund and has supported the implementation of the Protocol as the largest donor to the Fund.
      Yes
      Japan has provided support for the implementation of the Nagoya Protocol in developing countries, through funding to the Global Environment Facility, the Nagoya Protocol Implementation Fund and the Japan Biodiversity Fund.
No information provided
No information provided
    Yes

      10 or more
    Not applicable
    Not applicable
    As specified in question 11, Japan made a determination not to take access measures based on Article 6.1 for the time being. However, the ABS Guidelines also specify measures to ensure access to genetic resources existing in Japan and the fair and equitable sharing of benefits arising from their utilization in an appropriate and smooth manner. Taking into consideration that a document to show that genetic resources in question have been acquired in Japan may be required on the occasion of export and others, an agency deemed appropriate by the competent ministers is to issue such a document. NITE was authorized by the Minister of Economy, Trade and Industry to issue such a document.
    No information provided
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