Dr. Achuta Nand Shukla, Scientist – ‘E’, CS-III (Biodiversity) Division, Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India, Indira Paryavaran Bhawan, Jor Bagh Road New Delhi-110003, Email: achuta.shukla@gov.in, Website: https://moef.gov.in

National Biodiversity Authority (NBA), 5th Floor, TICEL Biopark, CSIR Road, Taramani, Chennai, Tamil Nadu- 600 113, India Phone Number: +91 44 2254 2777, +91 44 2254 1200, Email: secretary@nba.nic.in; secretary@nbaindia.org; chairman@nba.nic.in, Website: http://nbaindia.org

Under the India’s extant Access and Benefit Sharing (ABS) legal framework, the NBA is one of the authorities responsible for monitoring access to and utilization of foreign biological resources in India, ensuring that Prior Informed Consent (PIC) has been obtained and that Mutually Agreed Terms (MAT) have been established, in accordance with the domestic access and benefit-sharing legislation or regulatory requirements of the providing Party. Section 36A of the Biological Diversity Act, 2002 (as amended in 2023) (hereinafter referred to as BD Act, 2002), read with Rule 18 of the Biological Diversity Rules, 2024 (hereinafter referred to as BD Rules, 2024), provides the legal framework for monitoring and regulating the utilisation in India of biological resources and associated traditional knowledge obtained from foreign countries Parties to the Nagoya Protocol. Under this framework, the NBA is a competent authority responsible for monitoring access and utilisation, ensuring compliance with PIC and MAT in accordance with the access and benefit-sharing requirements of the providing Party.

Pursuant to the Convention on Biological Diversity (CBD), India enacted the BD Act, 2002, and notified the BD Rules, 2004, to give effect to the provisions of the Convention, including those relating to Access and Benefit-Sharing. The Nagoya Protocol on ABS is also being implemented through the BD Act, 2002 and BD Rules, 2024 at the national level. The BD Act, 2002 is implemented through a three-tier institutional mechanism, comprising the NBA at the national level; the State Biodiversity Boards (SBBs) /Union Territory Biodiversity Councils (UTBCs) at the sub-national level; and the Biodiversity Management Committees (BMCs) at the local level, constituted by elected local bodies. At present, all States and Union Territories have established SBBs/UTBCs. Further, over 2,76,653 BMCs have been constituted by local bodies across 28 States and 8 Union Territories, demonstrating India’s sustained commitment to participatory and community-based biodiversity governance. The Biological Diversity (Access to Biological Resources and Knowledge Associated thereto and Fair and Equitable Sharing of Benefits) Regulations, 2025, (hereinafter referred to as ABS Regulations, 2025) prescribe the scheme of processing the applications, along with template and terms for benefit sharing. Recently, India has made amendments in the BD Act, 2002, and also notified the BD Rules, 2024 and ABS Regulations, 2025 under the BD Act.

Access to the biological resources in India, as provided in the BD Act, 2002, operates on the principles of PIC. The approval of NBA is a pre-requisite for carrying out research / commercial utilization / bio survey and bio-utilization / obtaining Intellectual Property Rights, transfer of results of research over biological resources and third party transfer of the already accessed biological resources. India has put in place adequate measures to ensure PIC or the approval and involvement of local communities, as required under Article 6.2 of the Nagoya Protocol. The country has set clear procedures for obtaining this consent when accessing biological resources. The involvement of local communities in implementing the Nagoya Protocol on Access and Benefit Sharing is operationalised primarily through BMCs under the Sections 19 and 41 of the Act and Rule 13 of the BD Rules, 2024. Reference: Section 19 and 41 of the BD Act, 2002, Rule 13 of the BD Rules, 2024

The BD Act, 2002, BD Rules, 2024, ABS Regulations, 2025 and various notifications issued thereunder provide for fair and non-arbitrary rules and procedures for accessing biological resources (includes genetic resources) as provided in Article 6.3 (b) of the Nagoya Protocol. Reference: Section 3 and 7 of the BD Act, 2002; Rules 13–17 and 20 of the BD Rules, 2024 and Regulation 3-9, 11 and 13 of the ABS Regulations, 2025.

The NBA, as the CNA, has made available information on how to apply for PIC under the BD Act, 2002, including user guidelines, online ABS application formats and frequently asked questions, through its official website (http://nbaindia.org) and the national ABS online portal, to facilitate users in complying with PIC requirements.

The decision of the CNA to grant approval is in the form of an agreement executed between the applicant (user) and concerned BMC represented by the CNA as per the provisions of the BD Act, 2002 and BD Rules, 2024. This agreement serves as evidence of PIC and MAT and is considered equivalent to the permit as provided under Article 6.3(e) of the Nagoya Protocol. In situations where access is not allowed, the applicant is given an opportunity to present his case before a final decision is taken, which is communicated to the applicant with recorded reasons specified therein, in writing. Reference: Section 19 and 20 of the BD Act, 2002. Rule 13-17 of the BD Rules, 2024.

The CNA grants approval in the form of an agreement executed between the applicant (user) and concerned BMC represented by the CNA as per the provisions of the BD Act and BD Rules. The agreement, which is evidence of PIC and MAT, is equivalent to the permit as provided under Article 6.3(e) of the Nagoya Protocol. Reference: Section 19 and 20 of the BD Act, 2002. Rule 13-17 of the BD Rules, 2024. https://absch.cbd.int/en/countries/IN/IRCC?status=All

Table-1: Number of approvals granted for access to biological resources including DSI and associated knowledge thereto for undertaking various activities by NBA and Table-2: Number of approvals granted for access to biological resources for commercial utilisation by SBB/UTBCs [Sub-national organizations] attached separately. As on 31 December 2025, India has generated 3,556 IRCCs# in the ABS CH portal. India accounts for 60.24% of the total 5,903 IRCCs published in the portal. # Although the CNA granted 5,913 approvals, IRCCs were issued only to non-Indian applicants; hence, the number of IRCCs generated differs from the total approvals granted. Reference: https://absch.cbd.int/en/countries/IN/IRCC?status=All

Section 21 of the BD Act 2002 and Rule 13(5) of the BD Rules, 2024 mandates for signing of an agreement between the applicant (user) and the NBA as evidence of PIC and MAT. Reference: Section 21 of the BD Act, 2002 and Rule 13(5) and Regulation 13 of the ABS Regulations, 2025.

The CNA, in consultation with relevant stakeholders, has formulated model contractual clauses incorporating the minimum requirements of MAT to be included in agreements executed with users. The specific requirements of MAT are adapted, as appropriate, to the nature and scope of the activities proposed by the applicant.

As per the BD Act 2002, the benefits arising from the utilisation of biological resources, including DSI or knowledge associated thereto for activities envisaged in the Act, shall be determined on monetary or non-monetary benefits or both, as mutually agreed, as per the ABS Regulations, 2025. An indicative list of monetary and non-monetary benefits is provided in the ABS Regulations, 2025. ABS payments are calculated on the gross ex-factory sale price (excluding taxes), with rates varying between 0.2% to 0.6%, based on the annual turnover of the entity. The ABS Regulations, 2025 prescribe the benefit sharing to be followed by NBA/SBBs/UTBCs for access to biological resources and/or associated traditional knowledge and its distribution to the benefit claimers. Reference: Section 2(aa), Section 21 and 27(2) of the BD Act, 2002, Rule 21(4) of BD Rules, 2024 and ABS Regulations, 2025.

As per the BD Act 2002, the benefits arising from the utilisation of biological resources, including DSI or knowledge associated thereto for activities envisaged in the Act, shall be determined on monetary or non-monetary benefits or both, as mutually agreed, as per the ABS Regulations, 2025. An indicative list of monetary and non-monetary benefits is provided in the ABS Regulations, 2025. ABS payments are calculated on the gross ex-factory sale price (excluding taxes), with rates varying between 0.2% to 0.6%, based on the annual turnover of the entity. The ABS Regulations, 2025 prescribe the benefit sharing to be followed by NBA/SBBs for access to biological resources and/or associated traditional knowledge and its distribution to the benefit claimers including local people and community. Section 2(aa) of the BD Act, 2002 defines “benefit claimers” to include conservers of biological resources and by-products, as well as creators and holders of traditional knowledge associated with such resources, innovations, and practices, thereby formally recognising indigenous peoples and local communities as rightful beneficiaries under the Access and Benefit-Sharing mechanism. Reference: Section 2(aa), Section 21 and 27(2) of the BD Act, 2002, Rule 21(4) of BD Rules, 2024 and ABS Regulations, 2025.

As per the BD Act, 2002, the benefits arising from the utilisation of biological resources, including DSI or knowledge associated thereto for activities envisaged in the Act, shall be determined on monetary or non-monetary benefits or both, as mutually agreed, as per the ABS Regulations, 2025. An indicative list of monetary and non-monetary benefits is provided in the ABS Regulations, 2025. ABS payments are calculated on the gross ex-factory sale price (excluding taxes), with rates varying between 0.2% to 0.6%, based on the annual turnover of the entity. The ABS Regulations, 2025 prescribe the benefit sharing to be followed by NBA/SBBs for access to biological resources and/or associated traditional knowledge and its distribution to the benefit claimers including local people and community. Section 2(aa) of the BD Act, 2002 defines “benefit claimers” to include conservers of biological resources and by-products, as well as creators and holders of traditional knowledge associated with such resources, innovations, and practices, thereby formally recognising indigenous peoples and local communities as rightful beneficiaries under the Access and Benefit-Sharing mechanism. Reference: Section 2(aa), Section 3, 4, 6, 7, 21 and 27(2) of the BD Act, 2002, Rule 21(4) of BD Rules, 2024 and ABS Regulations, 2025.

Section 36A of the BD Act, 2002, read with Rule 18 of the BD Rules, 2024, lays down procedures for monitoring and regulating the utilisation in India of biological resources and associated traditional knowledge obtained from any foreign country.

No such instances reported.

No such instances reported.

Section 36A of the BD Act, 2002, read with Rule 18 of the BD Rules, 2024, lays down procedures for monitoring and regulating the utilisation in India of biological resources and associated traditional knowledge obtained from any foreign country that is a Party to the Nagoya Protocol.

No such instances reported.

No such instances reported.

A check point is yet to be designated, so far. However, as per Section 36A of BD Act, 2002 and Rule 18 of the BD Rules, 2024, users of foreign biological resources or associated traditional knowledge (e.g., industries, researchers) are required to provide the following information by declaring in Form-10 to the CNA, under the Nagoya Protocol: (1). Scientific and common name of the biological resource; (2). Country from where the biological resource was accessed; (3). Whether the country of origin is a Party to the Nagoya Protocol; (4). Whether approval of the Competent National Authority of the country of origin has been obtained; (5). Details of the ABS-CH Unique Identifier of the Internationally Recognized Certificate of Compliance (IRCC), if available; (6). If the IRCC is not available, the following information may be provided: (a). Source of the biological resource; (b). Purpose of utilization of the biological resource.

As per Rule 18 of the BD Rules, 2024, users of biological resources or associated traditional knowledge, which are obtained from foreign countries, are required to declare the same by applying Form 10 to the CNA. So far, 41 such declarations have been received by the CNA.

India has an online ABS application filing system “ABS E-filing”, and the use of this tool is being encouraged. An advanced digital traceability tool and a user-friendly ABS end-to-end portal is being developed to facilitate the entire ABS process. The system aims to ensure transparency, accountability, and fair utilisation of benefits, in line with the objectives of the Nagoya Protocol.

There are provisions for resolution of disputes in the ABS agreement executed between the CNA and users.

In cases of disputes arising from MAT, recourse is available under the Indian law. As per Section 52A of the BD Act, 2002, any person aggrieved with the determination of benefit sharing by the NBA or SBB/UTBCs, can file an appeal to the National Green Tribunal (NGT).

Section 52A of the BD Act, 2002 provides that any person aggrieved by the NBA’s or SBB’s determination of benefit sharing, or by the decision of the Adjudicating Officer, may appeal to the NGT. Reference: Section 52A of the BD Act, 2002 and Rule 23 of the BD Rules, 2024.

The Civil Procedure Code, 1908 enables the enforcement of foreign judgements and arbitral awards in India. Further, the Foreign Award (Recognition and Enforcement) Act, 1961 gives effect to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, to which India is a Party.

Rule 20 of the BD Rules, 2024 facilitates to undertake non-commercial research including carrying out urgent studies to address certain present or imminent emergencies like epidemics, etc., by following an expeditious and simplified process. Reference: Rule 20 of the BD Rules, 2024.

Under Regulation 11 of the ABS Regulations, 2025, special consideration is provided for cases where access to biological resources, including digital sequence information or associated knowledge, for technologies, innovations, or products that contribute to intellectual property, epidemic control, environmental protection, food security, or biodiversity conservation. In such cases, CNA grants expeditious approvals and determine benefit-sharing obligations at lower percentages. Reference: Rule 20 of the BD Rules, 2024 & ABS Regulations, 2025.

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Recognizing the critical importance of genetic resources for food and agriculture and their role in food security, the Government of India has issued a notification under Section 40 of the BD Act, 2002, exempting crops listed in Annex I of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) from the sections 3 and 4 of the Act when used for breeding, research, and training purposes. Reference: 1. Section 40 of the BD Act, 2002, 2. MoEFCC Notification dated 17 December 2014 under Section 40 of the BD Act, 2002.

1. Local communities in India hold customary usufructuary rights and entitlements over biological resources and their participation is firmly embedded within the national ABS framework. 2. India has established robust legal and institutional measures to ensure PIC and the involvement of local communities, as required under Articles 6, 7, and 12 of the Nagoya Protocol. 3. Under the BD Act, 2002 and the BD Rules, 2024, the NBA, SBBs/UTBCs are mandated to consult Biodiversity Management Committees before granting access to biological resources or associated traditional knowledge, in accordance with Sections 19 and 41 of the Act. This ensures that decisions at national and sub-national levels relating to access and utilization of biological resources are taken with the involvement of local communities, consistent with Article 6.2 and Article 7 of the Nagoya Protocol. 4. The BD Rules, 2024 further strengthen this process by explicitly requiring the NBA/SBB/UTBCs to consult the concerned community through the BMC before approving access requests to ensure PIC. 5.To support local communities in benefit-sharing mechanism, the BMCs are empowered to: (a). Levy collection fees from users accessing biological resources for commercial purposes within their jurisdiction (Sections 41(2) and 41(3) of the BD Act). (b). Issue certificates of origin for cultivated medicinal plants, enabling eligible users to claim exemptions from ABS obligations, thereby encouraging cultivation and reducing pressure on wild populations. 6. India also recognizes and protects traditional knowledge and customary practices through: (a) Section 36(5) of the BD Act, 2002, which supports registration and the development of sui generis systems for the protection of traditional knowledge. (b) Section 37 of the BD Act, 2002, which mandates consultation with local bodies and BMCs prior to notification of Biodiversity Heritage Sites (BHS). (c) Section 7 of the BD Act, 2002 respects customary use and exchange of biological resources by local communities, through exempting the cultivators, vaids, hakims, and registered AYUSH practitioners from the ABS provisions, in line with Article 12.4 of the Nagoya Protocol.

Sections 27 and 32 of the BD Act, 2002 and Rule 21 of the BD Rules, 2024 govern the utilisation of the benefit sharing amount for conservation, sustainable use, and socio-economic development of areas from where biological resources or associated traditional knowledge were accessed, in consultation with BMCs.

The implementation of the Nagoya Protocol in the country has improved the knowledge and understanding of ABS mechanism among stakeholders. This has further strengthened India’s ongoing efforts for conservation and sustainable use of biodiversity. Overall, more than 210 individual benefit claimers and 10,414 BMCs have benefited from ABS payments. This has strengthened in-situ conservation, enhanced community participation in biodiversity governance. India has so far disbursed USD 16.83 million (conversion to USD as per extant exchange rate) under ABS. https://www.pib.gov.in/PressReleseDetailm.aspx?PRID=2202109®=3&lang=1 https://pib.gov.in/PressReleasePage.aspx?PRID=2210700 https://www.pib.gov.in/PressReleasePage.aspx?PRID=2192377®=3&lang=2 https://www.pib.gov.in/PressReleasePage.aspx?PRID=2189779&v=1

India has continued to actively promote transboundary cooperation on biodiversity conservation, sustainable use of genetic resources, and related ecosystems, particularly in shared Himalayan, regional, and coastal landscapes.

India endeavours, as appropriate and subject to national legislation, to cooperate in instances where the same traditional knowledge associated with genetic resources is shared by local communities across more than one Party.

The SBBs/UTBCs at the sub-national level are encouraged to develop, update and use model contractual clauses for establishing MAT with the Users. Four different types of model contractual agreements have been developed in consultation with the concerned stakeholders to cater to the requirements of different activities covered under the BD Act, 2002. These relate to: a) Research or commercial utilisation or bio-survey and bio-utilisation b) Transfer the results of research c) Seeking intellectual property right d) Third party transfer. There are common terms and conditions that exist in these four agreements, which are simple and easy to understand. Some of them are: 1. Written notice in case of non-compliance 2. Administrative sanctions in case of breach of contractual clauses 3. Termination and revocation 4. Liabilities of the user 5. Confidentiality 6. Scope for making amendment. There are other clauses, which are case specific and depends on the purpose for which access is sought for. These include: 1. Period of collection 2. Obligations of the applicant during the existence of the agreement 3. Annual status reports 4. Benefit sharing component 5. Details of biological resources. These clauses enable the applicant to understand the roles and responsibilities that arise out of accessing the biological resources and/or associated traditional knowledge for various purposes as well as the rights and duties of the competent authority responsible for providing access.

India has actively encouraged provincial governments and other actors viz., SBB, UTBCs, BMCs and other stakeholders to develop, update and use model contractual clauses for MAT, along with codes of conduct, guidelines and best practices for Access and Benefit Sharing under the BD Act, 2002 and the Nagoya Protocol. The NBA provides overarching guidance through the ABS Regulations, 2025. These promote standardized ABS agreements, equitable benefit-sharing mechanisms (monetary and non-monetary) and sustainable-use practices, including model contractual clauses with elements such as PIC, non-compliance notices, termination provisions, confidentiality, annual reporting, and benefit-sharing details. 1. Operational Handbook on ABS (Assam-Specific Guidelines) Assam SBB has developed a State-specific Operational Handbook on Access and Benefit Sharing to support the implementation of the BD Act, 2002, the Nagoya Protocol, and the ABS Regulations, 2025 (erstwhile ABS Regulations, 2014).The initiative translates national access and benefit sharing rules into practical tools, including model contractual clauses, procedures for PIC, benefit-sharing and compliance mechanisms suited to Assam’s ecological and socio-economic context, and is complemented by four sector-specific case studies on trade, manufacturing, high-value forest resources and inter-state sourcing, providing a clear and workable guide for companies, Biodiversity Management Committees and regulators. There are several experiences/best practices across the country on codes of conduct and guidelines on ABS. These include community led initiatives on good harvesting practices and industry led voluntary initiatives.

India has taken sustained measures to raise awareness on the importance of biological resources, associated traditional knowledge and access and benefit-sharing. Awareness-raising and capacity-building activities were implemented at the national, sub-national and local levels to strengthen understanding of ABS provisions and compliance under the BD Act, 2002 and the Nagoya Protocol. Key activities included training-of-trainers (master trainer) programmes, members of the Biodiversity Management Committees, engagement of departments, national-level training and capacity-building, initiatives, biodiversity governance as part of training curriculum of officials and universities, stakeholder consultations and dissemination of guidance. These initiatives involved BMC, SBBs/UTBCs, local community institutions, industry associations, research organizations and academic institutions. In addition, knowledge products such as guidelines, manuals, training modules and digital resources on ABS and PBRs were developed and released to support awareness, institutional capacity and compliance. External support has been received to strengthen and develop capacities for implementation of the Nagoya Protocol, including enhancing institutional, legal, technical, and financial capacities for biodiversity conservation, sustainable use, and equitable ABS under the Nagoya Protocol. • ASEAN–India Cooperation Project on Biodiversity Conservation and Sustainable Use (Implemented by NBA, Chennai & ASEAN Centre for Biodiversity, Manila) (2017–2021) - Focused on collaborative activities in Nagoya Protocol on ABS, City Biodiversity Index, and Strategic Plan for Biodiversity. • UNEP-GEF-MoEFCC ABS Project (Implemented by MoEFCC, NBA, and 12 State Biodiversity Boards) (2012–2020)- Strengthened capacities of SBBs/UTBCS, BMCs, and commercial users for effective ABS mechanisms. • Centre for Biodiversity Policy and Law (CEBPOL) (Indo-Norwegian Collaboration, hosted by NBA) (2015–2018) - Established as a centre of excellence for biodiversity law and policy, supporting national/international rulemaking and implementation. • UNDP’s Biodiversity Finance Initiative (BIOFIN)-India (MoEFCC & NBA) Phase I: 2018 | Phase II: Ongoing (2018–2030) - Develops strategies to mobilize financial resources for implementing the National Biodiversity Action Plan (NBAP) and achieving National Biodiversity Targets (NBTs). • Indo-German Partnership Project on Access and Benefit Sharing (ABS) (GIZ, NBA, and three State Biodiversity Boards) (2016–2020)- Built capacities of NBA, selected SBBs, BMCs, and raised awareness among commercial users for effective ABS under the BD Act, 2002, aligned with Nagoya Protocol. • GoI-UNDP-GEF 7 Biodiversity Project 2025–2030 (Ongoing) Mainstreams biodiversity conservation into local development planning in high-biodiversity landscapes; includes capacity building for replication platforms.

India has developed and implemented a structured capacity-building and communication strategy to support effective implementation of the Access and Benefit-Sharing mechanism under the BD Act, 2002 and the Nagoya Protocol. It is based on a comprehensive stakeholder analysis covering regulatory authorities, BMCs, SBBs/UTBCs, researchers, industry, legal professionals, forest and line departments, customs authorities, and civil society. Tailored capacity-building approaches were designed to address specific knowledge, skills and attitude gaps related to ABS compliance and implementation. The strategy uses a mix of one-way communication tools, such as guidelines, factsheets and advisories, along with two-way engagement processes including trainings, workshops, dialogue forums, consultations and exposure visits. Particular emphasis is placed on strengthening BMCs through simplified materials, communication in local languages and hands-on training supported by Technical Support Groups. This approach has improved awareness, compliance and coordination among ABS stakeholders, strengthened local-level institutions, and facilitated practical implementation of ABS procedures. NBA -Centre for Biodiversity Policy and Law (CEBPOL) and the National Institute of Rural Development and Panchayati Raj (NIRDPR) jointly developed training modules to strengthen capacity for implementation of the Access and Benefit-Sharing mechanism at the local level. The modules cover key provisions of the Biological Diversity Act and ABS Regulations, roles of Panchayati Raj Institutions and BMCs, preparation and use of PBRs, procedures for access to biological resources and benefit-sharing mechanisms. These trainings support effective local-level implementation of ABS in line with the Nagoya Protocol. Besides further strategies includes engagement of Environmental Information, Awareness, Capacity Building and Livelihood Programme (EIACP) of the MoEFCC, collaboration with national training institutions, organization of training-of-trainers programmes, engagement of young minds as Interns and imparting knowledge on Biodiversity governance, dissemination of knowledge products, and the preparation and digitalization of People’s Biodiversity Registers with active participation of students, researchers and local communities.

The BD Act, 2002 provides a three-tier institutional structure consisting of the NBA, SBB, UTBCs and BMCs for effective implementation of the Act. During the reporting period, the NBA undertook the following capacity-building and awareness-raising activities to support effective implementation of the Nagoya Protocol:  Conducted national and State-level capacity-building programmes and workshops on Access and Benefit-Sharing;  Held training-of-trainers programmes for officials of SBBs/UTBCs and members of BMCs;  Organised training and orientation programmes for attorneys, policy makers, researchers and regulatory officials on ABS-related legal, policy and compliance aspects;  Implemented the Biodiversity Samrakshan (Biodiversity Conservation) Internship Programme to engage youth and early-career professionals in biodiversity governance and ABS implementation;  Developed and disseminated guidance documents, standard operating procedures and knowledge products on ABS;  Supported preparation, updating and digitisation of PBRs with active community participation and students.

India has supported capacity development of other Parties to enhance their understanding of the Nagoya Protocol and ABS mechanisms. ASEAN–India Cooperation Project on Biodiversity Conservation and Sustainable Use implemented by NBA, Chennai & ASEAN Centre for Biodiversity, Manila from 2017 to 2021 focused on collaborative activities in Nagoya Protocol on ABS, City Biodiversity Index, and Strategic Plan for Biodiversity. India has hosted international exchange and learning visits where officials from neighbouring countries i.e. Nepal, Indonesia, Singapore and Malaysia as well as Norway have studied India’s ABS framework, regulatory practices and implementation experience under the BD Act, 2002 and the Nagoya Protocol.

India has been collaborating and cooperating in technical and scientific research and development programmes as a means to achieve the objective of the Protocol. One such collaboration is Indo - German Technical Co-operation Project on “Development of National Framework for Electronic People’s Biodiversity Register in India. The Government of India, in collaboration with the Government of Norway, established the Centre for Biodiversity Policy and Law (CEBPOL), which was housed at the National Biodiversity Authority, Chennai. The Centre was initiated with the objective of developing professional expertise on biodiversity policies and legal issues related to biodiversity, including ABS.

The ASEAN–India Green Fund supported environment, biodiversity, climate action and related cooperative projects with 10 ASEAN member states.

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NBA, which is the CNA, is fully funded by the Government of India. Similarly, the SBBs and UTBCs are supported by the respective State Governments and NBA.

India has full-time staff at the national level and in many States working on the implementation of the Nagoya Protocol.

1. International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA, 2001) 2. The Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement) [India signed in September 2024 and yet to ratify.]

India is a Party to both the Nagoya Protocol on ABS and the ITPGRFA and implements them through a harmonized national approach in light of Article 4 of the Nagoya Protocol. Recognizing the critical importance of genetic resources for food and agriculture and their role in food security, the Government of India has issued a notification under Section 40 of the BD Act, 2002, exempting crops listed in Annex I of the ITPGRFA from the sections 3 and 4 of the Act when used for breeding, research, and training purposes. Reference: 1. Section 40 of the BD Act, 2002, and 2. MoEFCC Notification dated 17 December 2014 under Section 40 of the BD Act, 2002