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Legislative, Administrative or Policy Measure (MSR)
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ABSCH-MSR-CM-267051-1   |   PDF   |   Print   |  
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last updated: 11 Apr 2024
General information
DECREE N°2023/07526/PM OF 06 OCTOBER 2023 TO LAY DOWN THE CONDITIONS OF IMPLEMENTATION OF ABS LAW
This decree sets out the terms of application of Law No. 2021/014 of July 9, 2021 regulating access to genetic resources, their derivatives, associated traditional knowledge and the fair and equitable sharing of benefits arising from their use. As such, it addresses questions relating to procedures and, in general, to the organization of the national system of access to genetic resources, their derivatives and/or associated traditional knowledge and sharing of and related benefits.
The text also specifies the provisions of the aforementioned ABS law, including key concepts of the Nagoya Protocol such as Prior Informed Consent (CPCC), Mutually Agreed Conditions (CCCA) and Permit APA. It also sets out the administrative procedures to follow to obtain the legal titles prescribed by the APA law.
In this perspective, the text establishes a specific regime for local research. The latter benefits from a simplified procedure with the aim of promoting its development and the valorization of the resulting results, on a national scale. The specific regime also applies to access to genetic resources, their derivatives and/or associated traditional knowledge in emergency situations.
Still in the logic of easier implementation of the ABS law, the ABS declaration and permit regimes, the benefit sharing modalities, the monitoring mechanisms serve to put in place the necessary tools to enable the Competent National Authority to effectively manage activities related to all forms of use of genetic resources, their derivatives and/or associated traditional knowledge. As for the sharing of benefits which is the purpose of the access procedure, it is assisted by tax advantages, monetary and non-monetary advantages. Fiscal benefits accrue to the State while monetary and non-monetary benefits accrue to indigenous populations and local communities.
National / Federal
Legally binding
06 Oct 2023
Regulatory or Administrative Measures
Yes
MUTUALLY AGREED TERMS
Document details
Amendments
EN
Regulatory contact information
- Competent National Authority: | ABSCH-CNA-CM-250978-3 This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
Competent National Authority:
Ministry of Environment, Protection of Nature and Sustainable Development, Dr. DINGOM Aurélie Taylor Patience PhD, Animal Physiology/Pharmacology Teacher, Faculty of Medicine and Biomedical Sciences, Inspector N°2, ABS National Focal Point, Traditional Knowledge National Focal Point ()
Ministerial Building N°2, 20th May Boulevard P.O. Box 320 Yaounde
Yaounde, Centre
237, Cameroon
Phone: +237222236037, +237699738842, +237675635537,
Fax: +237222236037,
Amendments
Relationships
  • ABSCH-MSR-CM-256334-1 Legislative, Administrative or Policy Measure LAW N°2021/014 of july 2021 TO GOVERN ACCESS TO GENETIC RESOURCES, THEIR DERIVATIVES, TRADITIONAL KNOWLEDGE ASSOCIATED WITH GENETIC RESOURCE AND THEIR FAIR EQUITABLE SHARING OF THE BENEFIT ARISING FROM THEIR UTILIZATION This document has been updated. This is not the latest published version. Click here to view the latest version of the record.
    This law governs access to genetic resources, their derivatives, associated, traditional knowledge and equitable sharing of the benefits arising from their utilization.
    The purpose of this law shall be to:
     - Support the valorization of genetic resources and associated traditional knowledge to promote their conservation and sustainable use;
     -  Regulate access to genetic resources, their derivatives and/or associated traditional knowledge;
     - Ensure the involvement of  indigenous and local communities in sharing the benefits arising from the use of genetic resources or associated traditional knowledge;
     - Promote and encourage the use of research findings as well as the documentation of genetic resources and associated traditional knowledge;
     - Contribute to improving the living conditions of indigenous and local communities;
     - Improve the contribution of biodiversity to human development and well-being;
     - Discover and make available genetic information.



Sections 8 (3), 15 (2), 10 (2), 28 (3), 34, 35, 36 among others of the ABS Law, are laid down by this decree.
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   Animals - found in - Dry and sub-humid areas , Forest , Inland waters , Islands (Section 2.a)
-   Plants - found in - In-situ Agricultural areas , Dry and sub-humid areas , Forest , Inland waters , Islands , Marine and coastal areas , Mountains , Protected areas (Section 2.a)
-   Microorganism - found in - Agricultural areas , Dry and sub-humid areas , Forest , Inland waters , Marine and coastal areas (Section 2.a)
  Traditional knowledge associated with genetic resources ( Section1 )
  ACCESS
  Access to genetic resources
  For commercial use ( Section 2.c )
  For non-commercial use ( Section 2.e.f )
  Access to traditional knowledge associated with genetic resources, including prior informed consent or approval or involvement
  For commercial use ( Sections 2.c.e )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Section 16; 21 )
  Established rules and procedures for mutually agreed terms ( Sections 12, 13 )
  Any other element relevant to access
-  Prior Infromed Consent (PIC) (Section 4)
  BENEFIT-SHARING
  Monetary benefits ( Sections 28, 29 )
  Non-monetary benefits ( Sections 28, 30 )
  For commercial use ( Sections 28, 29 )
  For non-commercial use ( Sections 28, 30 )
  Any other element relevant to benefit-sharing
-  Patent, Intellectual Property Right (Sections 22 ; 23 ; 13.1.2)
  COMPLIANCE
  Issues related to monitoring the utilization of genetic resources (Article 17) ( Section 37 )
  Compliance with mutually agreed terms (Article 18) ( Sections 12; 13; 14; 15 )
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
  Plant genetic resources for food and agriculture exchanged using the standard material transfer agreement of the International Treaty on Plant Genetic Resources for Food and Agriculture ( Sections 24; 25 )
  OTHER
  Competent national authority/ies ( Sections 5;12 )
  Awareness-raising ( Section 49 )
  Capacity-building ( section 49 )
Additional Information
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