No specific difficulties were encountered. A National Focal Point has been designated since November 20, 2016 The regions appointed subsequently their CNA’s

4 Competent Authorities have been designated for the three regions (Flanders, Brussels Capital Region and Wallonia) within Belgium and for the Federal Authority, aside from the National Focal Point. The timing of the designations was linked to the establishment of the regional legislative measures to implement the EU ABS-regulation and thus the Nagoya Protocol. Flemish Region on January 7, 2019 Walloon Region on June 16, 2020 Brussels Capital Region on December 2, 2021.Federal Authority on May 17, 2023.

Bruxelles Environnement : Checkpoint for the implementation of the Nagoya Protocol as well as other instruments, mentioned in the Law concerning access to genetic resources and the fair and equitable sharing of benefits arising from their use in the Brussels Capital Region. It is also the competent national authority for the Nagoya Protocol under the same law. Département de la Nature et des Forêts de l'Administration de la Région Wallonne: Checkpoint for the implementation of the Nagoya Protocol as well as other instruments, mentioned in article R102 du livre Ier du Code de l’Environnement (as modified in 2022) Agency Nature & Forests: Checkpoint for the implementation of the Nagoya Protocol Receipt of due diligence declarations from users at two different points in time: at the research funding stage as well as at the stage of final development of a product, Ad-hoc and scheduled monitoring of users of genetic resources and of traditional knowledge associated with genetic resources, Intervention and where necessary imposition of sanctions in the event of failure by users to comply with due diligence, declaration or cooperation obligations.

In Belgium there is no PIC required but some measures regulate benefit-sharing for the utilization of Belgian genetic resources. However, in Belgium there are specific laws & regulations for the different regions (Flanders, Wallonia, Brussels and Federal). We want to highlight the following sections of their respective laws: • Federal law says: In case of non-commercial use, the user must notify the competent authority no later than one year after the publication of the results of the use. This obligation expires when the publication is published in a journal or repository in open access, in accordance with Belgium's commitment in the context of the Brussels Declaration on Open Access. • The Walloon decree has a list of non-monetary user requirements for research and development, such as sharing the research results. • In Flanders there is no PIC, nor MAT for the use of endemic Flemish genetic resources.

Access to Belgian genetic resources is not subject to prior informed consent but some measures regulate benefit-sharing for the utilization of Belgian genetic resources Walloon Region: Utilization of genetic resources in Wallonia is subject to conditions of use and benefit-sharing. In case of utilization, a user must notify the competent authority which acknowledges receipt of the notification. This acknowledgement can be used to receive an IRCC. If the user does not have a commercial objective, the benefit-sharing conditions are non-monetary and listed in an Annex 1. If the user has a commercial objective, the conditions are negotiated between the user and the administration based on an Annex 2, and may involve consultation with the person who granted physical access. These negotiated conditions cannot be less advantageous than those for non-commercial use. Monetary benefits are limited to a maximum of one percent of annual profits from commercialization and must be paid into the Biodiversity Protection Fund. The agreed conditions are attached to the acknowledgment of receipt and, unless marked confidential, communicated to the ABS Clearing-House. Federal Authority : Utilization of federal genetic resources is subject to conditions of use and benefit-sharing. In case of utilization, a user must notify the competent authority which acknowledges receipt of the notification. This acknowledgement can be used to receive an IRCC. If the user does not have a commercial objective, these conditions are non-monetary with exceptions provided for publication in open access. If the user has a commercial outcome, the conditions are negotiated between the user and the administration based on a proposal by the user. A mediation procedure is foreseen in case of disagreement. Monetary benefits are to be paid into a specific fund. The agreed conditions are attached to the acknowledgment of receipt of the notification sent by the user in case of utilization and, unless marked confidential, communicated to the ABS Clearing-House.

In Belgium is no PIC required. However, in Belgium there are specific laws for the different regions (Flanders, Wallonia, Brussels and Federal) and conditions for benefit-sharing apply in the Walloon Region and for upon utilization of federal genetic resources. Walloon Region: Utilization of genetic resources in Wallonia is subject to conditions of use and benefit-sharing. In case of utilization, a user must notify the competent authority which acknowledges receipt of the notification. This acknowledgement can be used to receive an IRCC. If the user does not have a commercial objective, the benefit-sharing conditions are non-monetary and listed in an Annex 1. If the user has a commercial objective, the conditions are negotiated between the user and the administration based on an Annex 2, and may involve consultation with the person who granted physical access. These negotiated conditions cannot be less advantageous than those for non-commercial use. Monetary benefits are limited to a maximum of one percent of annual profits from commercialization and must be paid into the Biodiversity Protection Fund. The agreed conditions are attached to the acknowledgment of receipt and, unless marked confidential, communicated to the ABS Clearing-House. Federal Authority : Utilization of federal genetic resources is subject to conditions of use and benefit-sharing. In case of utilization, a user must notify the competent authority which acknowledges receipt of the notification. This acknowledgement can be used to receive an IRCC. If the user does not have a commercial objective, these conditions are non-monetary with exceptions provided for publication in open access. If the user has a commercial outcome, the conditions are negotiated between the user and the administration based on a proposal by the user. A mediation procedure is foreseen in case of disagreement. Monetary benefits are to be paid into a specific fund. The agreed conditions are attached to the acknowledgment of receipt of the notification sent by the user in case of utilization and, unless marked confidential, communicated to the ABS Clearing-House. In addition, as an EU Member State, Belgium has measures in place requiring users of genetic resources to exercise due diligence to ensure that benefits arising from their utilization are shared with the Party providing the resources, in accordance with Article 4(1) of EU Regulation 511/2014

There are no indigenous peoples and local communities of concern in Belgium. However as an EU Member State, Belgium applies the duediligence obligation under Article 4(1) of EU Regulation 511/2014, which also covers situations where genetic resources is held by indigenous peoples and local communities, thereby ensuring that benefits from their utilization diligence obligation under Article 4(1) of EU Regulation 511/2014, which also covers situations where genetic resources is held by indigenous peoples and local communities, thereby ensuring that benefits from their utilization are shared with the communities concerned.

As an EU Member State, Belgium applies the duediligence obligation under Article 4(1) of EU Regulation 511/2014, which also covers situations where traditional knowledge associated with genetic resources is held by indigenous peoples and local communities, thereby ensuring that benefits from their utilization diligence obligation under Article 4(1) of EU Regulation 511/2014, which also covers situations where traditional knowledge associated with genetic resources is held by indigenous peoples and local communities, thereby ensuring that benefits from their utilization are shared with the communities concerned

All Belgian regions have established legislation to implement the EU regulation 511/2014 and address situations of non-compliance with appropriate and accompanying measures when needed. The Flemish Decree – adopted on 12 April 2019 - applies ABS compliance rules to users in Flanders and ensures regional alignment with EU/Nagoya rules. The Walloon decree gives the mandate for the control of compliance and the recognition as Competent Authority related to the implementation of the Nagoya Protocol in the Walloon Region to " Service public de Wallonie Agriculture, Ressources naturelles, Environnement – SPW ARNE” Another decree assigns SPW ARNE as Competent Authority for the Walloon Region for the Nagoya Protocol A Brussels Order – adopted on 2 December 2021- regulates user compliance in the Brussels-Capital Region. EU regulations: Commission 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 EU 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

We have not encountered situations of non-compliance

We have not encountered situations of non-compliance

See question 19: The same legislations apply

Belgium hasn't

Belgium hasn't

As an EU Member State, Belgium requires users of genetic resources to provide the information referred to in Article 17(1)(a)(i) to its designated checkpoints. This obligation follows from Article 4(1) of EU Regulation 511/2014, which establishes the duediligence requirement. Under this system, users must collect, keep, and submit evidence showing that genetic resources were accessed in accordance with diligence requirement. Under this system, users must collect, keep, and submit evidence showing that genetic resources were accessed in accordance with applicable ABS rules. When users declare compliance at checkpoints—such as during research funding applications or at the stage of finalising a product—they must provide the core information listed in Article 17(1)(a)(i), enabling authorities to verify that benefitsharing sharing obligations have been respected

Belgium does not actively encourage this

Belgium does not actively encourage this

The role of dispute-resolution clauses in MAT in Belgium is a matter of contractual freedom; providers and users negotiate them. This means that if a MAT includes a clause on dispute resolution, this will depend on the provider/user negotiation (and their legal advisors) and is not strictly imposed by any Belgian ABS law or regulation.

Recourse is handled via regular Belgian civil or commercial courts, not through a separate or bespoke Nagoya (ABS) tribunal. The extent to which disputes are resolved through ADR (alternative dispute resolution) such as mediation or arbitration depends on what the MAT themselves stipulate, since there’s no mandatory, centralized ABS dispute mechanism in Belgian law.

Belgium has taken concrete measures to promote access to justice under its EU ABS / Nagoya-Protocol regime, via its federal ABS law, implementing Royal Decree and capacity-building efforts. Notably, under the federal ABS law and its implementing Royal Decree, a conciliation procedure has been set in case a user and the competent authority cannot come to an agreement on benefit-sharing. Beyond this conciliation procedure, dispute settlement rests on existing Belgian legal infrastructure (courts, contract law aso.) rather than creating a bespoke ABS dispute settlement body.

Belgium provides for mutual recognition and enforcement of foreign arbitral awards and judgments through its domestic legal system. These mechanisms are part of its general legal system (arbitration law, exequatur for judgments). Belgium has a well-developed system of arbitration law (New York Convention, BJC) and standard civil law rules for recognizing foreign judgments. These existing mechanisms can be used for ABS related disputes (MAT disputes, etc.).

Access to Belgian genetic resources is not subject to prior informed consent but some measures regulate benefit-sharing for the utilization of Belgian genetic resources. The purpose of this is not to create obstacles to research. In addition in the Walloon region as well as at federal level, both jurisdiction where benefit-sharing obligations apply, rules are simpler for non-commercial utilization. In addition, the review process of EU Regulation 511/2014 under Article 16 highlights the need to promote and encourage research contributing to the conservation and sustainable use of biodiversity, including by considering simplified measures for non commercial research purposes within the EU ABS framework.

Access to Belgian genetic resources is not subject to prior informed consent, preventing friction at the time of access in cases of health emergencies. In addition, in line with Article 4(8) of EU Regulation 511/2014, due regard is given to situations of present or imminent emergencies that threaten or damage human, animal or plant health. This provision ensures that, while users must still exercise due diligence, the Regulation does not impede the rapid access to and use of genetic resources needed to respond effectively to such emergency situations

See question 31

Belgium recognizes the importance of genetic resources for food and agriculture and their role in food security. Resources covered by the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) are managed under that Treaty and are excluded from the scope of the legislations implementing the Nagoya Protocol. Through this approach, Belgium ensures facilitated access for research and breeding and recognizes the specialized international framework.

There are no recognized IPLCs in Belgium

Both the legislations of the Walloon Region and the Federal Authorities provide that monetary benefits shared as a result of the utilization of their genetic resources are directed to specific funds dedicated to biodiversity. In addition, our scientific cooperation development programme encourages researchers to direct benefit-sharing to biodiversity conservation and sustainable use efforts

The implementation of the Nagoya Protocol in Belgium has contributed indirectly to conservation and sustainable use of biodiversity by providing legal certainty, promoting responsible use of genetic resources, and encouraging benefit-sharing that supports biodiversity projects. Direct and measurable conservation impacts are way too limited and largely depend on how (the very few) users and providers apply ABS measures in practice.

We don't have recognized IPLCs in Belgium

We don't have recognized IPLCs in Belgium

Belgium promotes and encourages the development, updating, and use of model contractual clauses (for eg. MAT ao.) through guidance, capacity-building, and sharing of best practices, rather than through binding national rules

Belgium encourages the development and use of codes of conduct, guidelines, best practices, and standards primarily through guidance, training, and information-sharing, rather than through mandatory legal requirements.

Belgium has actively promoted awareness of the importance of genetic resources, associated traditional knowledge, and related ABS issues through guidance, training, and information dissemination. These measures aim to ensure informed compliance, promote sustainable use, and support fair and equitable benefit-sharing in line with the Nagoya Protocol. Some of the past activities and actions: Capacity-building workshops and seminars: For researchers & Universities, companies, and public institutions to understand general ABS obligations, due diligence, and benefit-sharing. Guidance and online tools: eg. VLIR Nagoya Tool, ABS Clearing-House entries, University guidance in Flanders (UGent, KUL, UA, ..) and other sector-specific checklists provide practical information for users and providers, Wallonia has developed information and guidance materials specifically aimed at academic and university researchers, non‑commercial research institutions, and companies including SMEs. Information campaigns: Both federal and regional authorities disseminate information about Nagoya Protocol obligations and the importance of genetic resources for conservation, sustainable use, and fair and equitable benefit-sharing, through the organisation of Round Tables, Conferences, participation in panel-talks ao.

We have no specific national strategy

We have not taken specific measures for this.

Belgium has assisted Burundi to develop their national legislation and framework, organise awareness campaigns and interactions between researchers and holders of traditional knowledge. Belgium also assisted DR Congo through several awareness activities to inform Congolese researchers about the Nagoya Protocol and the implications for their research, assistance to develop export procedures for genetic resources

Belgium has collaborated in technical and scientific research and development programmes related to ABS, primarily through its (eg. Flemish) universities and research institutes (fi. Plantentuin Meise, RBINS, and Africa museum). These collaborations include participation in projects, knowledge-exchange networks, and capacity-building initiatives supporting compliance and best practices. Such engagements contribute to strengthening scientific understanding and effective implementation of access and benefit-sharing measures.

Through the CEBioS programme Burundi has received financial support to promote awareness activities, develop their national legislation and promote scientific research with PIC from traditional knowledge holders

Not needed

We have no specific mechanism for allocating funds for ABS frameworks

All staff implicated in the Nagoya Protocol have other responsibilities and files as well.

Belgium is a Party to the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), which is recognized as a specialized international ABS instrument under Article 4 of the Nagoya Protocol. As a WHO Member State, Belgium also participates in the WHO Pandemic Influenza Preparedness (PIP) Framework, another specialized international ABS mechanism for influenza viruses with human pandemic potential. These instruments operate alongside Belgium’s implementation of the Nagoya Protocol and take precedence for the genetic resources they govern

Belgium has implemented the specialized international ABS instruments to which it is a Party. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is implemented through Belgium’s participation in the Multilateral System, including use of the Standard Material Transfer Agreement (SMTA) by Belgian research institutions and collections. Belgium also implements its obligations under the WHO Pandemic Influenza Preparedness (PIP) Framework, including virus sharing and benefit-sharing arrangements coordinated through public health authorities.