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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
published: 07 Nov 2017
last updated: 14 Feb 2018
Finland Interim national report on the implementation of the Nagoya Protocol
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Competent National Authority:
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ABSCH-CNA-FI-207675-1
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:Finnish Environment Institute ()Mechelininkatu 34aHelsinki,
00251 Helsinki,Phone: +358 295 251 390, +358 295 252 001,Fax:Website: http://www.syke.fi/en-US,
To view the current National Focal Point information, click
here.
Yes
No selection made
No selection made
Not applicable, since no access requirements are in place
No selection made
Yes
The main challenge in defining the checkpoints in the EU was striking
a balance between having effective checkpoints covering the full
range of relevant ABS activities, while avoiding creating unnecessary administrative burden.
In Finland, the competent authorities designated are The Finnish Environment Institute and Natural Resources Institute Finland.
More specifically, there are two checkpoints in Finland, as
established at EU level:
1st checkpoint: competent authorities designated under Regulation
511/2014, i.e. The Finnish Environment Institute and Natural Resources Institute Finland receive due diligence
declarations from researchers; all recipients of research funding,
where such research involves utilisation of genetic resources and
traditional knowledge associated with genetic resources, are requested
either by the European Commission or by the Member State as
providers of funding, to declare that they exercised due diligence; the
template for this declaration is contained in the Commission
Implementing Regulation in Annex II;
2nd checkpoint: competent authorities designated under Regulation
511/2014, i.e. The Finnish Environment Institute and Natural Resources Institute Finland gather due diligence
declarations at the final stage of a product development from all users;
the template for this declaration is contained in the Commission
Implementing Regulation in Annex III; specific events triggering
submission of the declaration are defined in Article 6 of the
Commission Implementing Regulation.
For both checkpoints, the authorities referred above transfer the
information to ABS Clearing House, provided it is not confidential;
alternatively, in case crucial information for publishing of checkpoint
communiqué (CPC) is indicated as confidential and CPC cannot be
published, the authorities contact the competent national authorities of
the country providing genetic resources.
In addition, there are also other checkpoints established in Finland, namely the Finnish Environment Institute and the Natural Resources Institute Finland, to whom users shall notify imported genetic resources.
No additional information provided
No
Finland does not regulate the access to genetic resources. However access to TK is regulated.
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
Finland does not regulate the access to genetic resources. However access to TK is regulated but no access to the TK has happened yet.
No additional information provided
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.”
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.”
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.”
According to the Act on the Implementation of the Nagoya protocol to the Convention on Biological Diversity Section 6: (1) The Sami Parliament manages a database in which traditional knowledge of the Sami people associated with genetic resources intended for research and development purposes can be recorded.
(2) The Sami parliament shall provide notification to the competent authority of the genetic resources that the knowledge in the database concerns; and section 7: Access to traditional knowledge of the Sami people associated with genetic resources
(1) The right to access the knowledge in the database referred to in section 6 is applied for from the competent authority. The application shall specify the genetic resource concerned, the purpose of use of the knowledge associated with it and the user. The competent authority shall notify the Sami Parliament of the application.
(2) The delivery of knowledge from the database to the user requires that the competent authority approves the mutually agreed terms between the Saami Parliament and the user. The Sami Parliament may require fair and equitable sharing of benefits arising from the utilization of the knowledge to be delivered to the Sami people in a way that this promotes the language and culture of the Sami people and their position as an indigenous people.
(3) Where necessary, the competent authority shall negotiate with the Saami Parliament on the mutually agreed terms. The provisions on the obligation to negotiate in section 9 of the Sámi Parliament Act (974/1995) apply to the negotiations.
No additional information provided
Yes
Yes
Regulation (EU) 511/2014 on compliance measures for the users
from the Nagoya Protocol on Access to Genetic Resources and Fair
and Equitable Sharing of Benefits Arising from their Utilisation in the
Union; entered into force on 9 June 2014 and into application on 12
October 2014;
└Commission Implementing Regulation (EU) 2015/1866 laying
down detailed rules for the implementation of Regulation (EU)
511/2014 as regards the register of collections, monitoring user
compliance and best practices; entered into force on 9 November
2015;
Section 17 of the Act on the Implementation of the Nagoya Protocol to the Convention on Biological Diversity
(Violation of the rules on genetic resources)
A user who intentionally or through gross negligence
1) fails to comply with the obligations laid down for the user in the access and benefit-sharing legislation or regulatory requirements referred to in Article 4, paragraph 1 of the EU Genetic Resources Regulation;
2) neglects the obligation laid down in Article 4, paragraph 3 of the EU Genetic Resources Regulation to seek, keep and transfer to subsequent users the information specified in paragraph 3, subparagraphs a and b;
3) neglects the obligation laid down in Article 4, paragraph 6 of the EU Genetic Resources Regulation to keep the information referred to in Article 4, paragraph 3 for 20 years after the end of the period of utilisation; or
4) neglects the declaration obligation and obligation to submit information laid down in Article 7, paragraph 2 of the EU Genetic Resources Regulation or in the implementing acts adopted under Article 7, paragraph 6 of the Regulation shall be sentenced to a fine for a violation of the rules on genetic resources, unless the deed is to be considered a minor one or a more severe punishment is laid down in other legislation.
No
Yes
Yes
No
There have been no cases so far
Both the EU ABS Regulation (511/2014) and Commission
Implementing Regulation (2015/1866) are applicable to genetic
resources and to traditional knowledge associated with genetic
resources; these Regulations provide for the legal framework to deal with issues of non-compliance in the EU.
Yes
In line with Article 7(1) and 7(2) of Regulation 511/2014, users need
to provide information as required by Article 17(1) of the Protocol to
competent authorities designated in Finland. Annexes II and
III to the Commission Implementing Regulation provide for the list
of information requested from researchers and end-users respectively;
this includes information related to PIC, the source of genetic
resource, to the establishment of MAT and to utilisation of genetic
resources.
Furthermore, according to the Act on the Implementation of the Nagoya protocol to the Convention on Biological Diversity, Section 5
(1) A user who imports to Finland genetic resources or traditional knowledge of indigenous communities associated with it that are subject to the provisions concerning a Party to the Nagoya Protocol on the access and the sharing of benefits shall provide notification to the competent authority within one month from the import date.
(2) The notification shall contain the information referred to in section 4, paragraph 3 of the EU Genetic Resources Regulation.
Yes
In addition to the above, competent authorities in Finland are obliged, based on Article 9 of Regulation 511/2014, to perform
checks on user compliance in accordance with periodically revised
risk-based plans.
No
Not selected
There have been no cases in Finland yet.
No
There have been no cases in Finland yet.
Yes
Article 13 of the Regulation 511/2014 obliges both the European
Commission and EU Member States, as appropriate, to promote the
development and use of cost-effective communication tools and
systems in support of monitoring and tracking the utilisation of
genetic resources and traditional knowledge associated by genetic
resources by collections and users.
Finland has a national ABS Clearing House and a web tool for submitting user notifications to the Competent National Authorities is currently under consideration.
No additional information provided
Not applicable, since no access requirements are in place
No
No
There are no means of legal recourse specific to the MATs based on the Nagoya Protocol in place. However, the general rules of recourse applicable in cases of disputes are available.
Yes
a) Access to justice: the decision by the competent authority according to Section 7 of the Act on the Implementation of the Nagoya Protocol to the Convention on Biological Diversity concerning the approval of the MAT may be appealed to administrative court.
b) Utilization of mechanisms regarding mutual recognition and enforcement of foreign judgements and arbitral awards: There are a number of EU legislation and international agreements binding upon Finland in place:
1) EU Regulation 1215/2012 ("Brussels I")
2) EU Regulation 805/2004
3) EU Regulation 1896/2006
4) EU Regulation 861/2007
5) Lugano Convention (2007)
6) Pohjoismainen sopimus yksityisoikeudellista vaatimusta koskevien tuomioiden tunnustamisesta ja täytäntöönpanosta
7) New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958)
8) Laki kansainvälisestä oikeusavusta sekä tuomioiden tunnustamisesta ja täytäntöönpanosta siviili- ja kauppaoikeuden alalla (426/2015)
No
No additional information provided
Yes
There are no access measures at the national level hence there are also no
simplied measuers on access for non-commercial research purposes.
Yes
Article 4(8) of Regulation 511/2014 however provides for a short
temporal derogation from the duties of its Article 4(3) and 4(5) for
users acquiring a genetic resource that is determined to be, or is
determined as likely to be, the causing pathogen of a present or
imminent public health emergency of international concern.
No
There are no access rules at the national level hence there are also no specific
measures for expeditious access and expeditious benefit-sharing.
Yes
Recital 12 of Regulation 511/2014 recalls Article 8(c) of the
Protocol and explains that ITPGRFA is a specialised instrument
within the meaning of Article 4(4) of the Protocol. The Regulation
also recognises that where Parties to the Protocol have decided to use the standard
material transfer agreements for plant genetic resources for food and
agriculture which are not covered by ITPGRFA, but which are under their control and in the public domain, submission of due diligence
declaration is not required.
No additional information provided
Yes
The Sami people are the only indigenous peoples in Finland.
No
No selection made
No selection made
Yes
According to the Act on the Implementation of the Nagoya Protocol to the Convention on Biological Diversity Section 6
(1) The Sami Parliament manages a database in which traditional knowledge of the Sami people associated with genetic resources intended for research and development purposes can be recorded.
(2) The Sami parliament shall provide notification to the competent authority of the genetic resources that the knowledge in the database concerns.
And Section 7
Access to traditional knowledge of the Sami people associated with genetic resources
(1) The right to access the knowledge in the database referred to in section 6 is applied for from the competent authority. The application shall specify the genetic resource concerned, the purpose of use of the knowledge associated with it and the user. The competent authority shall notify the Sami Parliament of the application.
(2) The delivery of knowledge from the database to the user requires that the competent authority approves the mutually agreed terms between the Sami Parliament and the user. The Sami Parliament may require fair and equitable sharing of benefits arising from the utilization of the knowledge to be delivered to the Sami people in a way that this promotes the language and culture of the Saami people and their position as an indigenous people.
(3) Where necessary, the competent authority shall negotiate with the Sami Parliament on the mutually agreed terms. The provisions on the obligation to negotiate in section 9 of the Sámi Parliament Act (974/1995) apply to the negotiations.
Yes
According to the Act on the Implementation of the Nagoya Protocol to the Convention on Biological Diversity Section 8
The use of traditional knowledge contained in the database referred to in section 6 above shall not, to more than a minor extent, weaken the opportunities of the Sami people to use their rights as an indigenous people to maintain and develop their culture and to engage in their traditional livelihoods.
Yes
According to the national Clearing House, in case the Sámi people’s traditional knowledge is included in the use of genetic resources, Prior Informed Consent must be acquired.
No selection made
No selection made
Yes
According to the Act on the Implementation of the Nagoya protocol to the Convention on Biological Diversity Section 7 (3) the competent authority, when necessary, shall negotiate with the Sami Parliament on the mutually agreed terms. The provisions on the obligation to negotiate in section 9 of the Sámi Parliament Act (974/1995) apply to the negotiations.
No selection made
Yes
According to the Act on the Implementation of the Nagoya Protocol to the Convention on Biological Diversity Section 8
The use of traditional knowledge contained in the database referred to in section 6 above shall not, to more than a minor extent, weaken the opportunities of the Sami people to use their rights as an indigenous people to maintain and develop their culture and to engage in their traditional livelihoods.
No selection made
No additional information provided.
Yes
In line with Article 13 of Regulation 511/2014, the Commission and
the Member States shall encourage users and providers to direct
benefits from the utilisation of genetic resources towards the
conservation of biological diversity and the sustainable use of its
components in accordance with the provisions of the Convention.
No answer provided
Not applicable yet.
No additional information provided.
No
Not applicable, since Finland has no access regulation for genetic resources.
Not applicable, since there are no indigenous and local communities in my country
No
No additional information provided
Yes
In line with Article 13 of Regulation 511/2014 the Commission and
the Member States shall encourage development of codes of conduct,
model contractual clauses, guidelines and best practices, particularly
when they would benefit academics, university and non-commercial
researchers and small and medium-sized enterprises.
Yes
In line with Article 13 of Regulation 511/2014 the
Commission and the Member States shall encourage development of
sectoral codes of conduct, model contractual clauses, guidelines and
best practices, particularly when they would benefit academics,
university and non-commercial researchers and small and medium sized
enterprises.
No additional information provided
Yes
Yes
The national clearing-house contains information for the users of genetic resources. Also a notification of the responsibilities of the users of genetic resources and TK has been sent to the largest research institutes and industrial umbrella organisations.
Yes
Yes
The competent authorities have held numerous awareness raising presentations for the users of genetic resources and TK.
No
No
No additional information provided
No
No additional information provided
No particular difficulties.
Yes
No
No information provided
No information provided
Yes
Less than 5
No information provided
No information provided
