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Legislative, Administrative or Policy Measure
(MSR)
last updated: 05 Oct 2017
Act of 19 July 2016 on Access to Genetic Resources and Sharing Benefits Arising form their Utilisation
The Act implements 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 and Commission Implementing Regulation (EU) 2015/1866 of 13 October 2015, laying down detailed rules for the implementation of the Regulation (EU) No 511/2014.
The Act determines:
1) competence and tasks of public administration authorities;
2) principles and procedure of conducting control of compliance measures on access and utilization of genetic resources and the traditional knowledge related to genetic resources acquired from outside of the Republic of Poland and sharing benefits arising from their utilization;
3) liability principles for any breach of provisions of the Regulation No. 511/2014.
The Act determines:
1) competence and tasks of public administration authorities;
2) principles and procedure of conducting control of compliance measures on access and utilization of genetic resources and the traditional knowledge related to genetic resources acquired from outside of the Republic of Poland and sharing benefits arising from their utilization;
3) liability principles for any breach of provisions of the Regulation No. 511/2014.
National / Federal
Legally binding
10 Sep 2016
Law
No
- ustawa ABS w Dz.U..pdf [ Polish ]
- act on ABS 16'07'19 - PL.pdf [ English ]
EN
Competent National Authority:Minister of the Environment ()Wawelska Street 52/54Warsaw,
00-922, PolandPhone: +48 22 36 92 479,Fax: +48 22 36 91 159,Email: abs@mos.gov.pl,Website:
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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 practicesOn 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).
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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).
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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 has been updated. This is not the latest published version. Click here to view the latest version of the record.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.
The Act implements 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 and Commission Implementing Regulation (EU) 2015/1866 of 13 October 2015, laying down detailed rules for the implementation of the Regulation (EU) No 511/2014.
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