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The Nagoya Protocol (Compliance) Regulations 2015 No. 821
This statutory instrument put in place the measures needed for the UK to implement the EU Regulation and those elements of the Nagoya Protocol, which is a legally binding international agreement, which are not covered by the EU Regulation. The Nagoya Protocol puts in place measures to ensure that where genetic resources are used to create a product, some of the benefits are returned to the country or community that the genetic resource came from. Benefits can either be money or can be ‘in kind’, such as knowledge sharing or capacity building. The Protocol also covers ‘traditional knowledge associated with genetic resources’, which can be understood as the knowledge of indigenous people about how genetic resources are used.
ABSCH-MSR-EU-201808-5Legislative, Administrative or Policy MeasureEU ABS Regulation - REGULATION (EU) No 511/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union
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This Regulation establishes rules governing compliance with access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources in accordance with the provisions of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the ‘Nagoya Protocol’). The effective implementation of this Regulation will also contribute to the conservation of biological diversity and the sustainable use of its components, in accordance with the provisions of the Convention on Biological Diversity (the ‘Convention’).
This Regulation applies to all EU Member States, regardless of their individual ratification of the Nagoya Protocol.
Due to the division of competences between the EU and its Member States, some elements related to the compliance measures (such as the penalties, authorities in charge of the compliance checks) are not directly provided for in the EU ABS Regulation but are or will be implemented by each EU Member State.
This Regulation implements the obligatory compliance measures of the Nagoya Protocol. It does not establish access rules at EU level. For EU Member States that decide to establish access rules, these will be found in the legislation of the respective EU Member State (see their respective Country Profile).
ABSCH-MSR-EU-204508-5Legislative, Administrative or Policy MeasureCommission Implementing Regulation (EU) 2015/1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices
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On the basis of powers granted in Regulation 511/2014 (the "basic" EU ABS Regulation), this Implementing Regulation specifies further the compliance rules established by the basic Regulation and establishes procedures to be followed when applying for recognition of the voluntary compliance support mechanisms.
The Implementing Regulation clarifies when, to whom and which information is to be submitted when filing the due diligence declarations required by the basic Regulation. Furthermore, it establishes the procedures to be followed when a collection applies to become a "registered collection", and when an association of users or other interested parties apply for recognition of "best practices".
This Regulation, like the basic Regulation, is directly applicable in all EU Member States and implements the compliance measures of the Nagoya Protocol. Access rules, if established by EU Member States, can be found in the legislation of the respective Member State (see their Country Profiles).
This Regulation should be read in conjunction with Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union.
SCOPE OF THE MEASURE
Genetic Resources
- All types of genetic resources - found in - All areas of access of the genetic resource(Part 1)
Traditional knowledge associated with genetic resources ( Part 1 )
ACCESS
No provisions for this element
BENEFIT-SHARING
No provisions for this element
COMPLIANCE
Compliance with domestic legislation or regulatory requirements of the other Party (Article 15 and 16) ( Part 3 )
Issues related to monitoring the utilization of genetic resources (Article 17) ( Part 2 )
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 ( Regulation 8.3.a )
OTHER
No provisions for this element
Record type
Field
Record(s)
Competent National Authority
Provide a link to any relevant legal, administrative or policy measures.
