Information-sharing obligations under the Protocol
To ensure that the ABS Clearing-House fulfills its role, Article 14 of the Protocol states Parties are required to make available certain key types of information through the ABS Clearing-House. In addition to this essential information, the Protocol identifies other useful types of information that are to be made available through the ABS Clearing-House. Non-Parties are encouraged to make information available under the same conditions as Parties.
Article 14, paragraph 2 describes the mandatory information that Parties to the Nagoya Protocol are required to make available in the ABS Clearing-House:
- (a) Legislative, administrative and policy measures on access and benefit-sharing;
- (b) Information on the national focal point and competent national authority or authorities (CNA);
- (c) Permits or their equivalent issued at the time of access as evidence of the decision to grant prior informed consent (PIC) and of the establishment of mutually agreed terms (MAT).
Article 14, paragraph 2 also requires Parties to make available through the ABS Clearing-House any information required by this Protocol. This would include:
- (a) Measures to inform potential users of traditional knowledge associated with genetic resources about their obligations for access to and fair and equitable sharing of benefits arising from the utilization of such knowledge ( Article 12, paragraph 2);
- (b) Information provided to designated checkpoints that collect or receive, as appropriate, relevant information related to prior informed consent, to the source of the genetic resource, to the establishment of mutually agreed terms, and/or to the utilization of genetic resources, including from internationally recognized certificates of compliance (IRCC), where they are available (Article 17, paragraph 1 (a) (iii));
- (c) Information on capacity-building and development initiatives at national, regional and international levels that should be shared through the ABS Clearing-House with a view to promoting synergy and coordination on capacity-building and development for access and benefit-sharing (Article 22, paragraph 6).
The ABS Clearing-House will also need to provide access to other types of information that Parties may provide, or officially endorse, relevant to the implementation of the Protocol. Additional information specified in the Protocol (Article 14, paragraph 3) includes:
- (a) Relevant competent authorities of indigenous people and local communities (IPLCs), and information as so decided;
- (b) Model contractual clauses;
- (c) Methods and tools developed to monitor genetic resources;
- (d) Codes of conduct and best practices.
Finally, Article 14, paragraph 2 also provides that Parties shall make information to the ABS Clearing-House any information required pursuant to the decisions taken by the Conference of the Parties to the Protocol. This includes the request, from decision NP-1/3, paragraph 4, for Parties to the Protocol to submit an interim national report on the implementation of the Nagoya Protocol, as called for under Article 29 of the Protocol, twelve months prior to the third meeting of the COP-MOP. The decision also welcomes submissions of relevant information by Non-parties. Accordingly, Parties and Non-Parties are invited to submit to the Secretariat their interim national report, through the ABS Clearing-House, as soon as possible.