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Legislative, Administrative or Policy Measure (MSR)
  |  
published: 24 Aug 2022 last updated: 03 Oct 2022
General information
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 knowledge
d. the designated authority's processing and dissemination of the information.

National / Federal
Legally binding
17 Jun 2022
Law
No
Amendments
  • ABSCH-MSR-NO-203981-2 Legislative, Administrative or Policy Measure 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.



An amendment to the Nature Diversity Act chaper VII section 60 was adopted by Parliament in June 2022 . The amendment covers the utilization of genetic material originating in other countries and traditional knowledge related to the utilization of such material in order to fulfill article 17 of the Nagoya Protocol. 

EN
Regulatory contact information
- Competent National Authority: | ABSCH-CNA-NO-252386-1 This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Competent National Authority:
The Norwegian Environment Agency ()
Visitor addresses: Brattørkaia 15, 7010 Trondheim Postal address: P.O. Box 5672 Torgarden
Trondheim,
NO-7485, Norway
Phone: +47 73580500,
Fax:
Amendments
Relationships
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   All types of genetic resources -   Animals , -   Plants , -   Fungi , -   Microorganism , -   Domesticated species and/or cultivated species , -   Wild species - found in - All areas of access of the genetic resource In-situ Agricultural areas , Dry and sub-humid areas , Forest , Inland waters , Islands , Marine and coastal areas , Mountains , Protected areas , Ex-situ , Soil and/or water samples (Article 3)
  Traditional knowledge associated with genetic resources ( Article 14 )
  ACCESS
No provisions for this element
  BENEFIT-SHARING
No provisions for this element
  COMPLIANCE
  Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 16 )
  Issues related to monitoring the utilization of genetic resources (Article 17) ( Article 17 )
  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 4 )
  OTHER
  Competent national authority/ies ( Article 14 )
  Transboundary cooperation ( Article 17 )
Additional Information
The regulation on utilization of genetic material originating in other countries and traditional knowledge related to the utilization of such material will fulfill articles 17 of the Nagoya Protocol and enters into force 1st of July 2022.