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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
published: 31 Oct 2017
last updated: 06 Oct 2022
No country selected.
The first interim national report on the implemenation of the Nagoya Protocol in Sweden
,Person:Inkeri Ahonen
, SwedenPhone:Fax:Website:
To view the current National Focal Point information, click
here.
Yes
Yes
Regulation (EU) 511/2014 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;
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;
Commission Notice – Guidance document on the scope of application and core obligations of Regulation (EU) 511/2014 (2016/C 313/1)
Sweden has decided not to regulate specifically the access to genetic resources or traditional knowledge associated with genetic resources in Sweden. Therefore no access requirements implementing the Nagoya Protocol are in place in Sweden.
Sweden has introduced in the Environmental Code Chapter 29 the criminal sanctions and in the Ordinance on Environmental Sanctions (2012:259) environmental sanction charges for not complying with Regulation (EU) 511/2014 and Commission Implementing Regulation (EU) 2015/1866.
The Swedish Ordinance on the use of genetic resources and associated traditional knowledge (SFS2016:858) supplements Regulation (EU) 511/2014 and Commission Implementing Act (EU) 2015/1866 and further implements obligations under the Nagoya Protocol.
Yes
One single competent national authority (CNA) has been designated both for the purpose of Article 13 and for the implementation of the Regulation (EU) 511/2014. Since no access requirements implementing the Nagoya Protocol are in place in Sweden, the CNA does not grant access but fulfils all other obligations of a CNA as set out in the Nagoya Protocol and Regulation (EU) 511/2014.
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Not applicable, since no access requirements are in place
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Yes
The main challenge in defining the checkpoints in the EU was striking a balance between having effective checkpoints covering the full range of relevant ABS activities, while avoiding creating unnecessary administrative burden.
Pursuant to Article 7(1) and (2) of Regulation 511/2014 designated competent authorities receive information as provided in Article 17(1) of the Protocol from users within their jurisdiction.
In Sweden, the competent authority designated is: the Swedish Environmental Protection Agency.
More specifically, there are two checkpoints in Sweden, as established at EU level:
1st checkpoint: competent authorities designated under Regulation 511/2014, i.e. the Swedish Environmental Protection Agency receives due diligence declarations from researchers; all recipients of research funding, where such research involves utilisation of genetic resources and traditional knowledge associated with genetic resources, are requested either by the European Commission or by the Member State as providers of funding, to declare that they exercised due diligence; the template for this declaration is contained in the Commission Implementing Regulation in Annex II;
2nd checkpoint: competent authorities designated under Regulation 511/2014, i.e. the Swedish Environmental Protection Agency gather due diligence declarations at the final stage of a product development from all users; the template for this declaration is contained in the Commission Implementing Regulation in Annex III; specific events triggering submission of the declaration are defined in Article 6 of the Commission Implementing Regulation.
For both checkpoints, the authorities referred above transfer the information to ABS Clearing House, provided it is not confidential; alternatively, in case crucial information for publishing of checkpoint communiqué (CPC) is indicated as confidential and CPC cannot be published, the authorities contact the competent national authorities of the country providing genetic resources.
No additional information provided
No
No access requirements implementing the Nagoya Protocol are in place in Sweden; not applicable. However collection of genetic resources may be restricted for other reasons, such as species protection purposes under for example CITES and the Swedish Species Protection Ordinance (2007:845).
Not applicable
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Not applicable
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Not applicable
Not applicable
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No access requirements implementing the Nagoya Protocol are in place in Sweden; not applicable.
No additional information provided
Yes
Under Article 4(1) of Regulation (EU) 511/2014, users shall exercise due diligence to ascertain that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.
Yes
Under Article 4(1) of Regulation (EU) 511/2014, users shall exercise due diligence to ascertain that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.
Yes
Under Article 4(1) of Regulation (EU) 511/2014, users shall exercise due diligence to ascertain that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.
No additional information provided
Yes
Yes
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;
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;
Sweden has introduced in the Environmental Code Chapter 29 the criminal sanctions and in the Ordinance on Environmental Sanctions (2012:259) environmental sanction charges for not complying with Regulation (EU) 511/2014 and Commission Implementing Regulation (EU) 2015/1866; entered into force on 1 October 2016.
The Swedish Ordinance on the use of genetic resources and associated traditional knowledge (SFS2016:858) supplements Regulation (EU) 511/2014 and Commission Implementing Act (EU) 2015/1866 and further implements obligations under the Nagoya Protocol; entered into force 1 October 2016.
Sweden has no knowledge of there being cases of non-compliance according to Article 15.2
No
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;
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;
Sweden has no knowledge of there being cases of non-compliance according to Article 15.3.
Yes
Yes
No
Sweden has no knowledge of there being cases of non-compliance according to Article 16.2 and Article 16.3.
Both the EU ABS Regulation (511/2014) and Commission Implementing Regulation (2015/1866) are applicable to genetic resources and to traditional knowledge associated with the genetic resources; these Regulations provide for the legal framework to deal with issues of non-compliance
Under Regulation (EU) 511/2014 users are required to declare that they 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. Regulation (EU) 511/2014 applies for traditional knowledge held by an indigenous or local community that is relevant for the utilisation of genetic resources and that is as such described in the mutually agreed terms applying to the utilisation of genetic resources. Under the Swedish ordinance on use of genetic resources and associated traditional knowledge (SFS 2016:858) the same requirements apply also for traditional knowledge held by an indigenous or local community that is relevant for the utilisation of genetic resources and that is as such described in the mutually agreed terms applying to the utilisation of that knowledge.
Sweden has introduced in the Environmental Code Chapter 29 the criminal sanctions and in the Ordinance on Environmental Sanctions (2012:259) environmental sanction charges for not complying with Regulation (EU) 511/2014 and Commission Implementing Regulation (EU) 2015/1866; entered into force on 1 October 2016.
The Swedish Ordinance on the use of genetic resources and associated traditional knowledge (SFS2016:858) supplements Regulation (EU) 511/2014 and Commission Implementing Act (EU) 2015/1866 and further implements obligations under the Nagoya Protocol; entered into force 1 October 2016.
Yes
In line with Article 7(1) and (2) of Regulation (EU) 511/2014, users need to provide information as required by Article 17(1) of the Protocol to the Swedish Environmental Protection Agency designated in Sweden. Annexes II and III to the Commission Implementing Regulation (EU) 2015/1866 provide for the list of information requested from researchers and end-users respectively; this includes also information related to PIC, the source of genetic resource, to the establishment of MAT and to utilisation of genetic resources.
Yes
In addition to the above, competent authorities in Sweden are obliged, based on Article 9 of Regulation 511/2014, to perform checks on user compliance in accordance with a periodically revised risk-based plan.
No
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No declarations of due diligence (according to Article 4.1 and Article 7.1 and (2) of Regulation (EU) 511/2014) have been submitted to the competent national authority in Sweden and thus no communiques with any parties of the Nagoya Protocol has been conducted.
Yes
Sweden has an awareness raising strategy where sharing information on provisions on MAT is included.
Yes
Article 13 of Regulation 511/2014 obliges the Commission and Member States, 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. For example Sweden uses DECLARE which is EU-wide web-based application for users to submit due diligence declarations electronically to the Swedish Protection Agency. The portal will be connected to the ABS Clearing House, thus allowing the Swedish Environmental Protection Agency to transfer information in a cost-effective way to the country of origin.
No additional information provided
Not applicable, since no access requirements are in place
Yes
Sweden has an awareness raising strategy where sharing information on provisions on MAT is included.
Yes
Consistent with applicable jurisdictional requirements, cases of disputes arising from MAT, can be brought before a Swedish civil and criminal court of first instance (called district court or, in Swedish, “tingsrätt”).
Sweden’s chambers of commerce offer arbitration and mediation services to Swedish and international parties who wish to have their disputes resolved outside of the public courtroom.
Yes
In cases of disputes arising from contractual agreemants, such as MATs, access to justice is ensured under existing Swedish legislation as described above. Further measures are not necessary to fulfil with the requirement in Article 18.3.
Yes
Existing mechanisms regarding mutual recognition and enforcement of foreign judgements and arbitral awards in force in Sweden meet the requirement in Article 18.3 and further measures are not necessary.
No additional information provided
No
No access requirements implementing the Nagoya Protocol are in place in Sweden; not applicable.
Yes
Article 4(8) of Regulation 511/2014 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.
No
No access requirements implementing the Nagoya Protocol are in place in Sweden; not applicable.
Yes
Recital 12 of Regulation 511/2014 recalls Article 8(c) of the Protocol and explains that the ITPGRFA is a specialised instrument within the meaning of Article 4(4) of the Protocol. The Regulation also recognises that where Parties to the Protocol have decided to use the standard material transfer agreement for plant genetic resources for food and agriculture which are not covered by ITPGRFA, but which are under their control and management and in public domain, submission of due diligence declarations is not required.
No additional information provided
Yes
No
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No
Yes
In order to ensure that consultations are carried out in all relevant issue areas, the government is currently working on a proposal for a more comprehensive procedure for consultations between public authorities and the Sami. Such a consultation procedure would be a step toward strengthening the opportunity of the Sami people to influence and participate in decisions on matters which affect them.
No
No access requirements implementing the Nagoya Protocol are in place in Sweden; not applicable.
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No
No access requirements implementing the Nagoya Protocol are in place in Sweden; not applicable.
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No additional information provided.
Yes
In line with Article 13 of EU Regulation 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.
One of Sweden’s main priorities is to provide support and. guidance to users of basic research that contributes to the conservation of biological diversity both in Sweden. Sweden do so by awareness raising activities targeted at Universities, public Research Institutes and Collections and by trying to make sure their interests are considered in different forums.
No answer provided
No additional information provided.
No
If a situation arises where the same genetic resource is found in Sweden and in another state, Sweden will endeavour to cooperate in accordance with article 11.1.
Not applicable, since there are no indigenous and local communities in my country
No
If a situation arises where the same traditional knowledge associated with genetic resources is shared by one or more indigenous and local communities in several Parties as provided in Article 11.2 Sweden will endeavour to cooperate with the other Party.
No additional information provided
Yes
In line with Article 13 of Regulation 511/2014, the Commission and the Member States shall encourage development of 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.
Sweden has an awareness raising strategy where information and discussing MAT is included. Sweden will also attend a workshop with selected Nagoya Protocol parties and user representatives organised by the Commission, where one aspect being discussed is model contractual clauses for MAT. Sweden are also organising a workshop for users where model contractual clauses will be discussed.
Yes
In line with Article 13 of Regulation 511/2014, the Commission and the Member States shall encourage development of 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.
The Commission has engaged in preparing guidance for upstream users as well as sectorial guidance aimed at users within these sectors to understand better their duties outlined in the Regulation (EU) 511/2014. Sweden has actively been part of the development of these guidance; not only the Swedish Environmental Protection Agency but also the Swedish users who these guidance is aimed at.
No additional information provided
Yes
Yes
Sweden has a country-driven awareness strategy but has implemented priority activities 1-3 which are stated in decision NP-1/9. A summary is as follows:
To date Sweden has conducted a survey of non-commercial users and are currently mapping out the commercial users in Sweden. Furthermore Sweden has organised one training session for non-commercial researchers and collections.
Sweden is now in a process of mapping out commercial users in Sweden with the intent to organise a workshop for them in 2018. Additionally, Sweden is organising two training sessions. One is aimed at users both from the commercial and non-commercial sector and the other is aimed at research funders as they are in the position for spreading information to researchers but also include the obligations of the Nagoya Protocol in their critera for receiving funding. Sweden is also developing training material and are actively visiting different research institutes to raise awareness but also through media which are targeted at reserachers and product developers.
No
No
No
No
No additional information provided
No
No additional information provided
No particular difficulties or challenges encountered.
No
No
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Yes
Less than 5
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