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Legislative, Administrative or Policy Measure (MSR)
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ABSCH-MSR-CH-207347-2   |   PDF   |   Print   |  
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published: 18 Jul 2016 last updated: 21 Jul 2016
General information
Switzerland
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
Amendments
EN
Regulatory contact information
- Organization: Federal Office for the Environment (FOEN) | 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.
Organization:
Federal Office for the Environment (FOEN)
Government agency (National/Federal)
National Focal Point Nagoya Protocol, Soil and Biotechnology Division
Bern,
3003, Switzerland
Phone: +41 58.463.92.68,
Fax: +41 58.464.79.78,
Email: np.contact@bafu.admin.ch,
Website: http://www.bafu.admin.ch/biotechnologie/13477/16459/index.html?lang=en,
Amendments
Relationships
  • 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. 
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Traditional knowledge associated with genetic resources ( Article 23p )
  ALL TYPES OF GENETIC RESOURCES
No provisions for this element
  AREAS OF ACCESS OF THE GENETIC RESOURCE
No provisions for this element
  ACCESS
  Access to genetic resources
  For commercial use ( Article 23q )
  For non-commercial use ( Article 23q )
  Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
  For commercial use ( Article 23p )
  For non-commercial use ( Article 23p )
  Established rules and procedures for mutually agreed terms ( Article 23n )
  BENEFIT-SHARING
  For commercial use ( Article 23n )
  For non-commercial use ( Article 23n )
  Any other element relevant to benefit-sharing
-  Due diligence requirement (Article 23n)
-  Notification of compliance with the due diligence requirement (Article 23o)
  COMPLIANCE
  Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Article 23n )
  Issues related to monitoring the utilization of genetic resources (Article 17) ( Article 23o para 2 )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
No provisions for this element
  OTHER
No provisions for this element
Additional Information
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.
Records referencing this document Show in search
Record type Field Record(s)
ABS Procedure Relevant ABS measure(s): 2
Legislative, Administrative or Policy Measure Relationship with other measures 1

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