Denmark | ABSCH-MSR-DK-238544 | Legislative, Administrative or Policy Measure | Access and Benefit-Sharing Clearing-House

Loading...
  |  

Legislative, Administrative or Policy Measure (MSR)

last updated: 17 Oct 2017
General information
Act on sharing benefits arising from the utilisation of genetic resources
National measures for the implementation of the Nagoya Protocol.
National / Federal
Legally binding
23 Dec 2012
Law
Document details
Amendments
EN
Regulatory contact information
- Competent National Authority: ABSCH-CNA-DK-202124-5 | ABSCH-CNA-DK-202124-5
Competent National Authority
Danish Environmental Protection Agency ()
Haraldsgade 53
Copenhagen,
DK-2100 Ø, Denmark
Phone: +45 72 54 40 00,
Fax:
Email: mst@mst.dk,
Website: http://mst.dk/,
Amendments
Relationships
  • ABSCH-MSR-EU-204508-6 Legislative, Administrative or Policy Measure Commission Implementing Regulation (EU) 2015/1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices
    On the basis of powers granted in Regulation 511/2014 (the "basic" EU ABS Regulation), this Implementing Regulation specifies further the compliance rules established by the basic Regulation and establishes procedures to be followed when applying for recognition of the voluntary compliance support mechanisms.

    The Implementing Regulation clarifies when, to whom and which information is to be submitted when filing the due diligence declarations required by the basic Regulation. Furthermore, it establishes the procedures to be followed when a collection applies to become a "registered collection", and when an association of users or other interested parties apply for recognition of "best practices".
     
    This Regulation, like the basic Regulation, is directly applicable in all EU Member States and implements the compliance measures of the Nagoya Protocol. Access rules, if established by EU Member States, can be found in the legislation of the respective Member State (see their Country Profiles).

     
  • ABSCH-MSR-EU-201808-6 Legislative, Administrative or Policy Measure EU ABS Regulation - 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

    This Regulation establishes rules governing compliance with access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources in accordance with the provisions of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the ‘Nagoya Protocol’). The effective implementation of this Regulation will also contribute to the conservation of biological diversity and the sustainable use of its components, in accordance with the provisions of the Convention on Biological Diversity (the ‘Convention’).

    This Regulation applies to all EU Member States, regardless of their individual ratification of the Nagoya Protocol.

    Due to the division of competences between the EU and its Member States, some elements related to the compliance measures (such as the penalties, authorities in charge of the compliance checks) are not directly provided for in the EU ABS Regulation but are or will be implemented by each EU Member State.

    This Regulation implements the obligatory compliance measures of the Nagoya Protocol. It does not establish access rules at EU level. For EU Member States that decide to establish access rules, these will be found in the legislation of the respective EU Member State (see their respective Country Profile).

  • ABSCH-MSR-EU-208044-1 Legislative, Administrative or Policy Measure Commission notice — Guidance document on the scope of application and core obligations of Regulation (EU) No 511/2014 of the European Parliament and of the Council on the compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union
         
    This document is intended to provide guidance on the provisions and implementation of 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 Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union (‘the EU ABS Regulation’ or ‘the Regulation’) and Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices (‘the Implementing Regulation’).

    The EU ABS Regulation implements in the EU those international rules (contained in the Nagoya Protocol) which govern user compliance — i.e. what users of genetic resources have to do in order to comply with the rules on access and benefit-sharing (ABS) established by the countries providing genetic resources. The Nagoya Protocol also contains rules concerning access measures — but those are not covered by the EU ABS Regulation and accordingly are not addressed in this guidance document.

    Certain aspects of the EU ABS Regulation and the Implementing Regulation needed further clarification. The guidance document was developed in cooperation with EU Member States' representatives gathered in the "ABS Expert Group" and it was also subject to feedback from stakeholders gathered in the "ABS Consultation Forum". The guidance document is not legally binding; its sole purpose is to provide information on certain aspects of the relevant EU legislation. It is thus intended to assist citizens, businesses and national authorities in the application of the EU ABS Regulation and the Implementing Regulation.

  • ABSCH-MSR-DK-204147-2 Legislative, Administrative or Policy Measure LOV nr 1375 af 23/12/2012 om udbyttedeling ved anvendelse af genetiske ressourcer
  • ABSCH-MSR-DK-238543-1 Legislative, Administrative or Policy Measure Executive order on responsible authority for the administration of the Act on sharing benefits arising from the utilisation of genetic resources and penalties for violation of the Regulation of the European Parliament and of the Council (EU) no. 511/2014 of 16th April 2014

    This Executive Order defines the Danish Environmental Protection Agency as the responsible authority for the administration of the Danish Act on sharing benefits arising from the utilisation of genetic ressources and EU regulation no. 511/2014. Furthermore, this Executive Order regulates penalties for violation of the Regulation of the European Parliament and of the Council (UE) no. 511/2014 of 16th April 2014.

     National measures for the implementation of the Nagoya Protocol (English)
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   All types of genetic resources - found in - All areas of access of the genetic resource (Article 2 and 3 Act no. 1375 23/12/2012)
  Traditional knowledge associated with genetic resources ( Article 4 Act no. 1375 23/12/2012 )
  ACCESS
No provisions for this element
  BENEFIT-SHARING
No provisions for this element
  COMPLIANCE
No provisions for this element
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
  Plant genetic resources for food and agriculture exchanged using the standard material transfer agreement of the International Treaty on Plant Genetic Resources for Food and Agriculture ( Article 10 Act no. 1275 23/12/2012 )
  OTHER
No provisions for this element
Additional Information
National measures for the implementation of the Nagoya Protocol.
Records referencing this document Show in search
Record type Field Record(s)