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Legislative, Administrative or Policy Measure (MSR)
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ABSCH-MSR-CH-207346-4   |   PDF   |   Print   |  
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published: 18 Jul 2016 last updated: 10 Nov 2016
General information
Switzerland
Ordinance on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (Nagoya Ordinance, NagO)
The Nagoya Ordinance regulates access to and the utilisation of genetic resources and associated traditional knowledge as well as the fair and equitable sharing of benefits arising from their utilisation, based on Articles 23n paragraphs 5 and 6, 23o paragraph 3, 23q paragraph 1 and 26 of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA).


The Ordinance defines:

  • Requirements for the utilisation of genetic resources and associated traditional knowledge of other Parties to the Nagoya Protocol;
  • Provisiones regarding domestic genetic resources; and
  • the tasks of the authorities.
National / Federal
Legally binding
01 Feb 2016
Law
No
Amendments
  • ABSCH-MSR-CH-207346-2 Legislative, Administrative or Policy Measure Ordinance on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (Nagoya Ordinance, NagO) This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
     The Nagoya Ordinance regulates access to and the utilisation of genetic resources and associated traditional knowledge as well as the fair and equitable sharing of benefits arising from their utilisation, based on Articles 23n paragraphs 5 and 6, 23o paragraph 3, 23q paragraph 1 and 26 of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA).

    The Ordinance defines:

    • Requirements for the utilisation of genetic resources and associated traditional knowledge of other Parties to the Nagoya Protocol;
    • Provisiones regarding domestic genetic resources; and
    • the tasks of the authorities.
English courtesy translation of the text is now available.
EN
Regulatory contact information
- Organization: Federal Office for the Environment (FOEN) | ABSCH-CON-CH-207084-3 This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Organization:
Federal Office for the Environment (FOEN)
Government agency (National/Federal)
National Focal Point Nagoya Protocol, Soil and Biotechnology Division
Bern,
3003, Switzerland
Phone: +41 58.463.92.68,
Fax: +41 58.464.79.78,
Email: np.contact@bafu.admin.ch,
Website: http://www.bafu.admin.ch/biotechnologie/13477/16459/index.html?lang=en,
Amendments
  • ABSCH-MSR-CH-207346-5 Legislative, Administrative or Policy Measure Ordinance on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (Nagoya Ordinance, NagO)
     The Nagoya Ordinance regulates access to and the utilisation of genetic resources and associated traditional knowledge as well as the fair and equitable sharing of benefits arising from their utilisation, based on Articles 23n paragraphs 5 and 6, 23o paragraph 3, 23q paragraph 1 and 26 of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA).

    The Ordinance defines:

    • Requirements for the utilisation of genetic resources and associated traditional knowledge of other Parties to the Nagoya Protocol;
    • Provisiones regarding domestic genetic resources; and
    • the tasks of the authorities.
Relationships
  • ABSCH-MSR-CH-207347-1 Legislative, Administrative or Policy Measure Federal Act on the Protection of Nature and Cultural Heritage (NCHA) This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
    The objective of the Federal Act on the Protection of Nature and Cultural Heritage includes, among others, the protection of indigenous flora and fauna and their natural habitats and the promotion of the conservation of biological diversity and the sustainable use of its components through the fair and equitable sharing of benefits arising from genetic resources.

    Section 3c of the Act addresses Genetic Resources specifically by:

    • establishing a due diligence requirement (Art. 23n) and a notification requirement (Art. 23o);
    • addressing traditional knowledge (Art. 23p)
    • defining a delegation norm to regulate access to genetic resources in Switzerland (Art. 23q);
    • specifying penal provisions (Art. 24a para 2).
    The legal amendments entered into force together with the Nagoya Protocol on 12 October 2014. The due diligence and the notification requirements (Art. 23n, Art. 23o) apply to cases relating to access to genetic resources that occurred after the said provisions came into force (Art. 25d).
The Nagoya Ordinance is based on Articles 23n paragraphs 5 and 6, 23o paragraph 3, 23q paragraph 1 and 26 of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA).
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)
  Traditional knowledge associated with genetic resources ( Article 5 )
  Reference to any other relevant articles and sections
-  Due diligence requirement (Article 3)
-  Notification requirement (Article 4)
-  Recognition of best practices (Article 6)
-  Recognition of collections (Article 7)
  ACCESS
  Access to genetic resources
  For commercial use ( Article 8 )
  For non-commercial use ( Article 8 )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Article 3 )
  Established rules and procedures for mutually agreed terms ( Article 2, para 1(b8) )
  BENEFIT-SHARING
No provisions for this element
  COMPLIANCE
  Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 3, Article4 )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
  Competent national authority/ies ( Article 10 )
Additional Information
Records referencing this document Show in search
Record type Field Record(s)
ABS Procedure Relevant ABS measure(s): 2
Legislative, Administrative or Policy Measure List of amended measures 1
Legislative, Administrative or Policy Measure Relationship with other measures 1

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