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The Nagoya Protocol (Implementation) Act (Wet implementatie Nagoya Protocol) contains definitions (Article 1), and deals with the implementation (Articles 2 and 3), the designation of competent authorities (Article 4), sanctions and other measures (Articles 5, 6, 7 and 8), the entry into force (Article 9), and the name of the law (Article 10).
The Explanatory Memorandum (Memorie van Toelichting) of the Nagoya Protocol (Implementation) Act starts with an introduction (paragraph 1), addresses the background to the Nagoya Protocol (paragraph 2), explains the contents of the Nagoya Protocol (paragraph 3), and discusses the relationship to other conventions (paragraph 4). Subsequently, it deals with the contents of the European ABS Regulation (paragraph 5), and its implementation in the Netherlands (paragraph 6). the relationship to other legislation (paragraph 7) and the burden (paragraph 8) are discussed, and the memorandum concludes with an explanation of each individual article of the Nagoya Protocol (Implementation) Act (paragraph 9). In the annex, the relationships between the articles of the Nagoya Protocol, the European ABS Regulation and the Nagoya Protocol (Implementation) Act are presented in tables.
The legislation for implementation of the Nagoya Protocol in the Netherlands does not regulate access to genetic resources, as the Dutch government considers it unnecessary to exercise its sovereignty regarding access to genetic resources occurring in the Netherlands in national legislation (section 6.2.1 of the Explanatory Memorandum). This means that you do not need PIC to access genetic resources in the Netherlands. However, access may be controlled by regulations on biodiversity conservation and nature reserves, and by phytosanitary and veterinary measures. In such cases, permission to collect genetic resources must be obtained from the landowner, be it a private or public. Environmental impact rules may also apply. Genetic resources in farms or in gardens are held privately and hence transfer of these genetic resources in any form requires the consent of the owner.
- Nagoya Protocol (Implementation) Act.docx [ English ]
- Explanatory Memorandum NP (Implementation) Act.docx [ English ]
Competent National Authority:Ms Kim van Seeters, Ministry of Economic Affairs ()P.O.Box 20401The Hague,
2500 EK,Phone: +31 (0)6 31002237,Fax:Email: K.vanSeeters@minez.nl,Website:
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ABSCH-MSR-NL-238345-1 Legislative, Administrative or Policy Measure Regulation of the Minister for Agriculture of 31 March 2016, No. WJZ/15145152, laying down provisions in implementation of the Nagoya Protocol Implementation Act (Regulation in implementation of the Nagoya Protocol Implementation Act)
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ABSCH-MSR-NL-238347-2 Legislative, Administrative or Policy Measure Decree of the Minister for Agriculture of 31 March 2016, No. WJZ/15163191, designating regulators of and National Contact Point for the Nagoya Protocol Implementation Act (Wet implementatie Nagoya Protocol)The officials of the Netherlands Food and Consumer Product Safety Authority (NVWA) are charged with monitoring compliance with what is provided by or pursuant to the Nagoya Protocol (Implementation) Act. The Centre for Genetic Resources, the Netherlands (CGN) is designated as the national focal point for access and benefit-sharing referred to in Article 4, first paragraph, of the Nagoya Protocol (Implementation) Act.
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In its policy document Sources of Existence - Conservation and the sustainable use of genetic diversity (2002), the Dutch government has stated that it is unnecessary to exercise its sovereignty regarding access to genetic resources occurring in the Netherlands in national legislation.
| Record type | Field | Record(s) | |
|---|---|---|---|
| Competent National Authority | Provide a link to any relevant legal, administrative or policy measures. | 1 | |
| Legislative, Administrative or Policy Measure | List of amended measures | 2 | |
| Legislative, Administrative or Policy Measure | Relationship with other measures | 2 | |
