PURPOSE

The purpose of the regulation is to establish complementary rules for the application of the Decision 391 of the Andean Community for the Common Regime on Access to Genetic Resources throughout the national territory as well as:
1. Promote the conservation and sustainable use of biological resources, ensuring the stability of ecosystems and the rights of nature for “the Good Living”;
2. To determine the authorities in charge of the registration of applications, the public registry of the same and the control of the files in terms of the Framework Contracts and Contracts of Access to Genetic Resources;
3. Foresee and ensure conditions for a fair and equitable sharing of benefits arising from access to genetic resources;
4. Ensure access to and transfer of adequate technologies for the conservation and sustainable use of biological diversity or the use of genetic resources without causing any harm to the environment;
5. Promote the consolidation and development of scientific, technological and technical capacities at local and national level, based on genetic resources that contribute to the realization of “the Good Living”, satisfaction of basic needs, conservation of natural and cultural heritage, and boost the country´s productive diversification;
6. Guarantee the principle of Prior Informed Consent of the State to grant authorization for access to genetic resources; And,
7. Ensure the principle of Prior Informed Consent of local communities regarding their traditional knowledge associated with genetic resources.

SCOPE

The regulation is applicable to the genetic resources of which the Ecuadorian State is the country of origin, its derived products, its associated intangible components and the genetic resources of migratory species that are naturally occurring in its territory.

Excluded from the scope of application:
1. Human genetic resources and their derived products;
2. The exchange of genetic resources, their derived products, the biological resources containing them, or the intangible components associated with them, which are carried out by indigenous, Afro-Ecuadorian and local communities for their own consumption, based on their traditional practices;
3. The species and varieties listed in the Multilateral System of Appendix 1 of the International Treaty on Plant genetic resources; And,
4. The uses of genetic and biological material for scientific purposes such as: systematics taxonomy, conservation, evolution, population biology, biogeography and plant geography. Research projects for such scientific purposes shall be supported by a university, museum, herbarium or any other research centre duly recognized by the National Component Environment Authority and the National Secretariat for Higher Education, Science, Technology and Innovation as well as to enter into a Framework Contract for these purposes.