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Yes
Yes
Adoption of Regulation (EU) 511/2014 on compliance measures for the users from the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union;
Contribution to Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices;
Contribution to Commission Notice – Guidance document on the scope of application and core obligations of Regulation (EU) 511/2014 (2016/C 313/1).
Not applicable, since no access requirements are in place
No selection made
No
There are two checkpoints established at EU level:
1/ competent authorities designated under Regulation 511/2014 gather due diligence declarations from EU researchers; all recipients of research funding where such research involves utilisation of genetic resources and traditional knowledge associated with genetic resources are to be requested either by the Commission or by a Member State (depending on source of funding) to declare that they exercised due diligence in accordance with Article 4 of the EU ABS Regulation; in line with the Commission Implementing Regulation the researchers need to submit a due diligence declaration to (country name) competent authorities if the user is established in xxx (country name); a template for such declaration is defined in the Commission Implementing Regulation in Annex II; the competent national authorities transfer then information (provided it is not confidential) to ABS Clearing House; alternatively, in case crucial information for publishing of checkpoint communiqué is indicated as confidential and CPC cannot be published they contact the competent national authorities of the country providing genetic resources.
2/ competent authorities designated under Regulation 511/2014 gather due diligence declarations at the final stage of a product development from all users; template for such declaration is defined in the Commission Implementing Regulation (Annex III); specific events triggering submission of the declaration are defined in Article 6 of the Commission Implementing Regulation. Competent national authorities transfer information contained in the declaration (provided it is not confidential) to ABS Clearing House; alternatively, in case crucial information for publishing of checkpoint communiqué is indicated as confidential and CPC cannot be published, they contact the competent national authorities of the country providing genetic resources.
Although established at EU level, these checkpoints need to be officially designated at national level through legislative measures. These are still under development.
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed tersm, in accordance with any applicable legislation or regulatory requirements.”
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed tersm, in accordance with any applicable legislation or regulatory requirements.”
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed tersm, in accordance with any applicable legislation or regulatory requirements.”
Adoption of Regulation (EU) 511/2014 on compliance measures for the users from the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union; entered into force on 12 October 2014;
Contribution to Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices; entered into force on 9 November 2015;
Both the EU ABS Regulation (511/2014) and Commission Implementing Regulation (2015/1866) are applicable equally to genetic resources and to traditional knowledge associated with genetic resources; these Regulations provide for the legal framework to deal with issues of non-compliance.
EU ABS Regulation (Regulation (EU) No 511/2014) requires that users in the EU exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit sharing legislation or regulatory requirements, and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements. In line with Article 7 of the EU ABS Regulation (and as detailed in the Commission Implementing Regulation) users need to provide certain information to competent authorities designated in Belgium, including information related to PIC, the source of genetic resource, the establishment of MAT etc.
Yes
In addition to the above, competent authorities in (country name) are obliged, based on Article 9 of the EU ABS Regulation, to perform checks on user compliance in accordance with periodically revised risk-based plan.
According to Article 13 of the EU ABS Regulation (Regulation (EU) No 511/2014) both the Commission and Member States are obliged as appropriate to promote the development and use of cost-effective communication tools and systems in support of monitoring and tracking the utilisation of genetic resources and traditional knowledge associated by genetic resources by collections and users
Not applicable, since no access requirements are in place
No selection made
Yes
Yes
Yes
No additional information provided
No
As genetic resources in Belgium are to date not subject to PIC or MAT, this question does not apply.
Yes
Article 4(8) of the EU ABS Regulation provides for a short temporal derogation from the duties of its Article 4(3) and 4(5) for users acquiring a genetic resource that is determined to be, or is determined as likely to be, the causing pathogen of a present or imminent public health emergency of international concern.
As genetic resources in Belgium are to date not subject to PIC or MAT, this question does not apply.
Yes
Article 4(4) of the EU ABS Regulation stipulates that users acquiring Plant Genetic Resources for Food and Agriculture (PGRFA) in a country that is a Party to the Nagoya Protocol which has determined that PGRFA under its management and control and in the public domain, not contained in Annex I to the International Treaty on Plant Genetic Resources for Food and Agriculture, will also be subject to the terms and conditions of the standard material transfer agreement for the purpose set out under the ITPGRFA, shall be considered to have exercised due diligence in accordance with paragraph 3 of this Article.
In line with Article 13 of the EU ABS Regulation (Regulation (EU) No 511/2014) the Commission and the Member States shall encourage users and providers to direct benefits from the utilisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components in accordance with the provisions of the Convention.
There are no cases available yet as relevant applicable legislation is too recent to already have resulted in such contributions.
No additional information provided.
No
Not applicable, since there are no indigenous and local communities in my country
No selection made
No additional information provided
Yes
In line with Article 13 of the EU ABS Regulation (Regulation (EU) No 511/2014) the Commission and the Member States shall encourage development of (…) model contractual clauses (…) guidelines and best practices, particularly when they would benefit academics, university and non-commercial researchers and small and medium-sized enterprises;
In line with Article 13 of the EU ABS Regulation (Regulation (EU) No 511/2014) the Commission and the Member States shall encourage development of sectoral codes of conduct, model contractual clauses, guidelines and best practices, particularly when they would benefit academics, university and non-commercial researchers and small and medium-sized enterprises;
Workshops:
- 1 by CEBIOS to Federal Research Institutes (FRIs) and Universities
Conferences:
- 1 by Walloon Public Service for Altius
- 4 by Nagoya NFP to Universities
- 3 by CBD NFP / Royal Belgian Institute of Natural Sciences (RBINS) to Universities / FRIs
Others: Collaboration / exchanges with collection managers, industry, researchers
Yes
Yes
Capacity building activities related to the strategic framework carried out in Burundi, RD Congo and Benin as well as to visiting students to RBINS/MRAC and Botanical Garden Meisse
In addition, the following activities were undertaken.
Training sessions:
- 1 internal training session in the Direction générale Agriculture, ressources naturelles et environnement
-1 by Nagoya NFP for the Institut Scientifique de Santé publique
Support provided by CBD NFP and CEBios upon request by collections managers.
No
Yes
Funding and assistance in Public Awareness raising activities in Burundi, RD Congo and Benin on the NP Activities in Burundi to come to a network of traditional healers as well as an agreement between this network and the Universities; Training in using ABS-CH in several countries. Development of network on Fungi utilisation and conservation in Burundi, Rwanda and DR Congo.
No additional information provided
Yes
The approach to research conducted on GR and associated TK in Federal Scientific Institutions and Universities is by default collaborative and cooperative, and involves sharing technology with, developing country Parties, in particular the least developed countries and small island developing States among them, and Parties with economies in transition.
