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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
published: 30 Oct 2017
last updated: 23 Feb 2018
Interim National Report CBD 2017_017_UK
CHM-NFP-GB-238300-2
ABS National Focal Point
Mr. Thomas Murphy
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
To view the current National Focal Point information, click
here.
Yes
Yes
Regulation (EU) 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union;
Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices;
Commission Notice – Guidance document on the scope of application and core obligations of Regulation (EU) 511/2014 (2016/C 313/1);
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.
Yes
No problems were encountered in designating a national focal point.
Yes
No problems were encountered in designating a competent national authority.
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.
Pursuant to Article 7(1) and (2) of Regulation 511/2014 designated competent authorities receive information as provided in Article 17(1) of the Protocol from users within their jurisdiction.
In the United Kingdom of Great Britain and Northern Ireland , the competent authority designated is: Regulatory Delivery, Department for Business, Energy & Industrial Strategy (BEIS)
More specifically, there are two checkpoints in the United Kingdom of Great Britain and Northern Ireland, as established at EU level:
1st checkpoint: competent authorities designated under Regulation 511/2014, i.e. Regulatory Delivery BEIS, receive due diligence declarations from researchers; all recipients of research funding in the form of a grant, 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, 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. Regulatory Delivery BEIS, 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 authority 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.
No additional information provided
For the UK in regard to both Article 7(1) and 7(2), the underlying reasons for the lack of due diligence declarations is understood to be the relatively low level of awareness among stakeholders and, in many cases, genetic resources accessed before 12th October 2014 are still being used in R&D.
No
There are no access measures established in the UK. However other aspects of UK law will be relevant for researchers when accessing genetic resources from within the UK: plant and animal health, property rights and physical access rights.
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
There are no specific access measures established in the UK, not applicable.
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.
No additional information provided
Yes
Yes
Regulation (EU) 511/2014 on compliance measrues 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 12 October 2014;
└ Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices; entered into force on 9 November 2015;
└ 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.
N/A
No
Yes
Yes
No
Both the EU ABS Regulation (511/2014) and Commission Implementing Regulation (2015/1866) are applicable to genetic resources and to traditional knowledge associated with the genetic resources; these Regulations provide for the legal framework to deal with issues of non-compliance. The Nagoya Protocol (Compliance) Regulations 2015 No. 821, additionally covers applicable Traditional Knowledge and layouts out the UK's national framework.
Yes
In line with Article 7(1) and (2) of Regulation 511/2014, users need to provide information as required by Article 17(1) of the Protocol to competent authority designated in the United Kingdom of Great Britain and Northern Ireland, (Regulatory Delivery, BEIS). Annexes II and III to the Commission Implementing Regulation provide for the list of information requested from researchers and end-users respectively; this includes also information related to PIC, the source of genetic resource, to the establishment of MAT and to utilisation of genetic resources.
Yes
In addition to the above, the competent authority in the United Kingdom of Great Britain and Northern Ireland, (Regulatory Delivery, BEIS) is obliged, based on Article 9 of Regulation 511/2014, to perform checks on user compliance in accordance with a periodically revised risk-based plan.
No
Not selected
The UK has yet to receive any due diligence declarations and as such has not received any checkpoint information referred to under Article 17.1 (a)(i)
No
The UK have not adopted any formal measures, our competent authority has encouraged sharing on information and approaches through stakeholder workshops and engaging initially at association level rather than individual user.
Yes
Article 13 of Regulation 511/2014 obliges the Commission and 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. The UK has participated actively in discussions regarding the development of the EU’s IT tool, DECLARE, which will be implemented in the UK from October, this will allow for the UK to meet its obligation under Article 13 of Regulation 511/2014.
As an interim measure, a dedicated email address has been established for submission of due diligence declarations and BEIS web pages provide information on the process for submitting a due diligence declaration.
No additional information provided
Not applicable, since no access requirements are in place
No selection made
Yes
The procedures that apply for resolving a contractual dispute such as may occur under MAT depend on a number of factors. The default method of resolving commercial disputes in England and Wales is by way of High Court litigation. The litigation process is governed by the Civil Procedure Rules as well as guides that apply to specialist courts (such as the Chancery Court Guide). Similar rules apply in Scotland and Northern Ireland.
Yes
The UK is party to arrangements for the mutual recognition of judgments and it is possible to enforce judgments in the UK in line with these or under the common law. The rules on enforcement of an arbitral award in England and Wales are set out in the Arbitration Act 1996 and under common law. The process for enforcement applicable in any particular case is dependent upon the seat of arbitration and the arbitration rules that apply.
Yes
No additional information provided
No
The UK does not have specific ABS Access measures, hence there are also no simplified measures on access for non-commercial research purposes.
Yes
Article 4(8) of Regulation 511/2014 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
The UK does not have specific ABS Access measures; therefore not applicable
Yes
Recital 12 of Regulation 511/2014 recalls Article 8(c) of the Protocol and explains that the 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 agreement for plant genetic resources for food and agriculture which are not covered by ITPGRFA, but which are under their control and management and in public domain, submission of due diligence declarations is not required.
No additional information provided
No
Not applicable
No selection made
No selection made
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
No selection made
No selection made
Not applicable
Not applicable
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.
The UK national focal point and competent national authority when engaging with stakeholders encourage users and providers to direct benefits arising from the utilization of genetic resources towards the conservation of biological diversity and sustainable use of its components.
No answer provided
The UK does not have specific ABS national access legislation. As a result the implementation of Nagoya does not directly contributed to the conservation and sustainable use of biodiversity within the UK.
No additional information provided.
No
There is no access legislation in the UK; not applicable.
Not applicable, since there are no indigenous and local communities in my country
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 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.
The UK is directly involved in the review of the best practice documents and the development of guidance for upstream users (academics, universities, non-commercial research, and collections) as well as sectorial guidance aimed to assist various sectors which utilise genetic resources in better understanding of their duties stemming from the Regulation
No additional information provided
Yes
Yes
Regulatory Delivery, the UKs Competant Authority has delivered training and awareness-raising activities to assist stakeholders and interested parties in building understanding of ABS and relevant provisions of the Protocol and the Convention, as of August 2017 this has covered;
Training sessions: 24
Workshops: 12
Conferences: 16
Yes
Yes
Please see response under Q54
No
Yes
The Darwin Initiative provides Official Development Assistance across 1,055 projects in 159 countries and has awarded £140m since 1992. Through the Darwin Initiative the UK has helped developing countries meet their objectives under the Nagoya Protocol. For example, through the Darwin Initiative the UK is currently supporting a project in Cameroon, Namibia and South Africa to develop a Community of Practice around access and benefit sharing (ABS). This project, titled Access and Benefit Sharing in Practice: Community, Science and Policy, will provide advice, act as a conduit for voices currently under-represented in ABS policy processes, and develop conceptual and practical tools to help governments, researchers, and local communities deal with challenges and more effectively engage with ABS. Further information about this project and others supported through the Darwin Initiative can be found online.
No additional information provided
Darwin Initiative
(http://www.darwininitiative.org.uk/)
Yes
The UK supports collaborations in technical and scientific research and development programmes through a broad range of activities. These include support provided through the Biotechnology and Biological Sciences Research Council (BBSRC) and the Medical Research Council (MRC).
Biotechnology and Biological Sciences Research Council (BBSRC)
The BBSRC is one of the seven UK research councils. Funded by the Department for Business, Energy and Industrial Strategy (BEIS), they invest in bioscience research, training and infrastructure to generate new knowledge.
BBSRC are committed to promoting international collaborations for bioscience research in UK universities and research institutes and work with a range of funding agencies and organisations, located in both in the UK and overseas. BBSRC enables UK researchers to work with overseas partners in many ways, such as participating in multi-national research programmes, bilateral research partnerships, international partnering activities and international workshops.
Medical Research Council (MRC)
The MRC is a public research funding agency supporting in part by the UK Department for International Development (DFID), which supports health research through competitive funding mechanisms, supporting universities, research organisations and the MRC’s directly supported research institutes and units which include units in The Gambia and Uganda. International collaboration is encouraged across all funding programmes and MRC permit co-applicants from countries other than the UK. The MRC has evaluated the breadth of collaborations that are supported by analysis of the countries of co-authors on papers resulting from MRC-funded research, the analysis identified collaborations involving 175 countries, including most of the world’s least developed countries. The MRC thus contributes to technology transfer and collaboration in technical scientific research and development programmes as understood within the terms of the Nagoya Protocol.
Biological Sciences Research Council: http://www.bbsrc.ac.uk/
Medical Research Council: https://www.mrc.ac.uk/
No additional information provided
No
Yes
As stated under Q57
No information provided
No information provided
Yes
Less than 10
No information provided
Q48 would benefit from the addition of a “Not applicable” option. Q7 Does not show "Not applicable" in the online review mode.
