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Legislative, Administrative or Policy Measure
(MSR)
published: 18 Jul 2016
last updated: 21 Jul 2016
Federal Act on the Protection of Nature and Cultural Heritage (NCHA)
The objective of the Federal Act on the Protection of Nature and Cultural Heritage includes, among others, the protection of indigenous flora and fauna and their natural habitats and the promotion of the conservation of biological diversity and the sustainable use of its components through the fair and equitable sharing of benefits arising from genetic resources.
Section 3c of the Act addresses Genetic Resources specifically by:
- establishing a due diligence requirement (Art. 23n) and a notification requirement (Art. 23o);
- addressing traditional knowledge (Art. 23p)
- defining a delegation norm to regulate access to genetic resources in Switzerland (Art. 23q);
- specifying penal provisions (Art. 24a para 2).
The legal amendments entered into force together with the Nagoya Protocol on 12 October 2014. The due diligence and the notification requirements (Art. 23n, Art. 23o) apply to cases relating to access to genetic resources that occurred after the said provisions came into force (Art. 25d).
National / Federal
Legally binding
12 Oct 2014
Law
No
EN
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Organization:
Federal Office for the Environment
(FOEN)
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ABSCH-CON-CH-207084-3
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
Bern,Organization:Federal Office for the Environment (FOEN)Government agency (National/Federal)National Focal Point Nagoya Protocol, Soil and Biotechnology Division
3003, SwitzerlandPhone: +41 58.463.92.68,Fax: +41 58.464.79.78,Email: np.contact@bafu.admin.ch,
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ABSCH-MSR-CH-207346-1 Legislative, Administrative or Policy Measure Ordinance on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (Nagoya Ordinance, NagO) This document has been updated. This is not the latest published version. Click here to view the latest version of the record.The Nagoya Ordinance regulates access to and the utilisation of genetic resources and associated traditional knowledge as well as the fair and equitable sharing of benefits arising from their utilisation, based on Articles 23n paragraphs 5 and 6, 23o paragraph 3, 23q paragraph 1 and 26 of the Federal Act on the Protection of Nature and Cultural Heritage (NCHA).The Ordinance defines:
- Requirements for the utilisation of genetic resources and associated traditional knowledge of other Parties to the Nagoya Protocol;
- Provisiones regarding domestic genetic resources; and
- the tasks of the authorities.
The provisions of the Federal Act on the Protection of Nature and Cultural Heritage are further specified in the Nagoya Ordinance.
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Detailed Information on relevant articles of the Cultural Heritage Protection Act are included in the document added below. The document provides a non-official English translation of selected parts of section 3
of the message for the ratification of the Nagoya Protocol in Switzerland that was
adopted by the Swiss Federal Council on 10 April 2013.
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