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The legislative process in Switzerland includes several public hearings. In these public hearings, the legislative measures in Switzerland were largely approved by the cantons (provinces), conservation organizations, scientific and research organizations and industry associations, while some companies and organizations in the field of plant and animal breeding raised concerns.
The main reasons for approval in the public hearings were the support of the objectives of the Nagoya Protocol and the increased legal certainty. The main critics included the administrative burden for companies and the complexity of the regulations, which may be difficult for users to understand. It was highlighted that delays in the process of market authorization of products should be avoided, the protection of confidential information need to be ensured and the costs should be kept at a minimum.
Plant and animal breeders are having difficulties implementing the measures on genetic resources from Switzerland in their respective sectors.
Switzerland has established a documentation and notification requirement for access to domestic genetic resources. It does not require prior informed consent (PIC) and the establishment of mutually agreed terms (MAT) for accessing domestic genetic resources under its NP-Regulations at this time. See also answer to question 11.
Not applicable, since no access requirements are in place
No
Switzerland has established a documentation and notification requirement for access to domestic genetic resources. It does not require prior informed consent (PIC) and the establishment of mutually agreed terms (MAT) for accessing domestic genetic resources under its NP-Regulations at this time. See also answer to question 11. The notifications could be seen as "permit equivalents" and used for the constitution of internationally recognized certificate of compliance, though.
The designated checkpoints in Switzerland serve different functions: The Federal Office for the Environment is the centralized checkpoint to implement the NP. It receives the notifications in the context of the due diligence requirement. The Federal Institute of Intellectual Property is a checkpoint to enhance transparency for patent applications that are directly based on the genetic resources and/or on associated traditional knowledge. It receives information about the source of genetic ressources and/or associated traditional knowledge. The two checkpoints opperate in a mutually supportive manner.
No
Users of genetic resources from Switzerland are subjected to a documentation requirement, and, in case of commercialization, to a notification requirement (Art. 8, NagO). Plant and animal breeders are having difficulties implementing the measures on genetic resources from Switzerland in their respective sectors.
Switzerland has established a documentation and notification requirement for access to domestic genetic resources. It does not require prior informed consent (PIC) and the establishment of mutually agreed terms (MAT) for accessing domestic genetic resources under its NP-Regulations at this time. See also answer to question 11.
No additional information provided
Yes
Switzerland introduced a due diligence requirement, to ensure that whoever utilises genetic resources or associated traditional knowledge, or directly benefits from their utilisation, complies with the domestic regulatory requirements on ABS of other Parties to the NP and shares the benefits fairly and equitably (Art. 23n - 23p NCHA; Art. 3 - 6 NagO).
Switzerland introduced a due diligence requirement, to ensure that whoever utilises genetic resources or associated traditional knowledge, or directly benefits from their utilisation, complies with the domestic regulatory requirements on ABS of other Parties to the NP and shares the benefits fairly and equitably (Art. 23n - 23p NCHA; Art. 3 - 6 NagO).
Switzerland introduced a due diligence requirement, to ensure that whoever – according to the Nagoya Protocol – utilises genetic resources or associated traditional knowledge, or whoever directly benefits from their utilisation, complies with the domestic regulatory requirements on ABS of other Parties to the NP and shares the benefits fairly and equitably (Art. 23n - 23p NCHA; Art. 3 - 6 NagO).
Legislative measures (Art. 23n, Art. 23o): due diligence and notification requirements
Administrative measures (Art: 23n para 5 NCHA): if resources have been accessed unlawfully, users must ensure that the legal prescriptions are met subsequently, or must refrain from utilising the genetic resources concerned or from benefiting directly from their utilisation.
Pennal provisions (Art. 24a para 2 NCHA): fine of up to 40'000 CHF for negligence of obligations and of up to 100'000 CHF when the user wilfully fails to provide information or provides false information. The court may order the publication of the judgment.
These measures entered into force together with the Nagoya Protocol on 12 October 2014. The due diligence and the notification requirements (Art. 23n, Art. 23o) apply to cases relating to access to genetic resources that occurred after the said provisions came into force (Art. 25d).
No indication to cases of non-compliance was given so far.
No
No indication to cases of non-compliance was given so far.
No indication to cases of non-compliance was given so far.
Legislative measures (Art. 23p): due diligence (Art. 23n) and notification requirements (Art. 23o) are applicable to traditional knowledge analogously.
Administrative measures (Art: 23n para 5 NCHA): if resources have been accessed unlawfully, users must ensure that the legal prescriptions are met subsequently, or must refrain from utilising the genetic resources concerned or from benefiting directly from their utilisation.
Pennal provisions (Art. 24a para 2 NCHA): fine of up to 40'000 CHF for negligence of obligations and of up to 100'000 CHF when the user wilfully fails to provide information or provides false information. The court may order the publication of the judgment.
These measures entered into force together with the Nagoya Protocol on 12 October 2014. The due diligence and the notification requirements (Art. 23n, Art. 23o) apply to cases relating to access to genetic resources that occurred after the said provisions came into force (Art. 25d).
Notification of compliance with the due diligence requirement must be given to the FOEN before market authorisation has been obtained or, if such authorisation is not required, before the commercialisation of products developed on the basis of utilised genetic resources (Art. 23o NCHA).
So far, no notifications were made to the centralized checkpoint which could have been transmitted to the ABS Clearing House. Only few Parties are currently establishing certificates of compliance.
Yes
Contribution to "Model Clauses" for the academic sector published by Swiss Academy of Sciences SCNAT https://absch.cbd.int/database/A19A20/ABSCH-A19A20-SCBD-208298
Yes
Information can be transmitted to FOEN electronically.
No additional information provided
Not applicable, since no access requirements are in place
Yes
Users of genetic resources from Switzerland are subjected to a documentation requirement, and, in case of commercialization, to a notification requirement (Art. 8, NagO).
Contribution to "Model Clauses" for the academic sector published by Swiss Academy of Sciences SCNAT https://absch.cbd.int/database/A19A20/ABSCH-A19A20-SCBD-208298
Yes
Yes
Yes
- Bundesgesetz über das Internationale Privatrecht (IPRG; SR 291) https://www.admin.ch/opc/fr/classified-compilation/19870312/index.html
- New Yorker Übereinkommen über die Anerkennung und Vollstreckung ausländischer Schiedssprüche (SR 0.277.12) https://www.admin.ch/opc/fr/classified-compilation/19580084/index.html
- Übereinkommen über die gerichtliche Zuständigkeit und die Anerkennung und Vollstreckung von Entscheidungen in Zivil- und Handelssachen (Lugano-Übereinkommen, LugÜ, SR 0.275.12) https://www.admin.ch/opc/fr/classified-compilation/20082721/index.html
No additional information provided
Yes
Switzerland created conditions that generally promote and encourage research with genetic resources. For the time being, for accessing genetic resources in Switzerland, a documentation requirement has to be fulfilled. The information required to fulfill the documentation requirement does not go beyond a good scientific practice. PIC and MAT are not required at this time (Art. 8 NagO).
Users have to notify the FOEN about compliance with due diligence or documentation requirement at the latest before of market authorization or commercialization (Art. 4 and 8 NagO).
There is a demand from the users to elaborate sector specific guidelines with the assistance of the administration to clarify the implementation.
Yes
In an internationally or nationally recognised emergency that threatens the health of humans, animals or plants or the environment, it suffices if the due diligence requirement for the utilisation of genetic resources that are pathogenic or harmful organisms is fully met at the time of the commercialisation of products developed on the basis of the utilised genetic resources (Art. 3, para 4, NagO).
Access and Benefit Sharing to plant genetic resources for food and agriculture (PGRFA) within in the multilateral system of the ITPGRFA are regulated in the Ordinance on PGRFA.
For the domestic regulations, plant and animal breeders were given the possibility to simplify the notification procedure (Art. 8.7 NagO).
Switzerland does not have indigenous and local communities as commonly understood in the context of the CBD.
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
The FOEN encourages users to voluntarily share the benefits arising from the utilisation of genetic resources or associated traditional knowledge in a fair and equitable way even when there is no legal obligation to do so. It aims to ensure that the benefits are used to conserve biological diversity and the sustainable use of their components (Art. 10 para 2, NagO).
Switzerland has established a system to monitor the utilisation of domestic genetic resources (Art. 8 NagO) and a possibility to finance projects contributing to the protection of biodiversity (Art. 9 NagO).
No additional information provided.
Yes
Not applicable, since there are no indigenous and local communities in my country
No selection made
Switzerland does not have indigenous and local communities as commonly understood in the context of the CBD.
No additional information provided
Yes
- Contribution to "Good Practice" and "Model Clauses" for the academic sector published by Swiss Academy of Sciences SCNAT https://absch.cbd.int/database/A19A20/ABSCH-A19A20-SCBD-208298
- Contribution to "ABS Management Tool - Best Practice Standard and Handbook for Implementing Genetic Resource Access and Benefit Sharing Activities" published by Stratos Inc. http://www.sib.admin.ch/fileadmin/chm-dateien/ABS-Protokoll/ABS_MT/Updated_ABS_Management_Tool_May_2012.pdf
Yes
- Articles 6 and 7 of the Nagoya Ordinance give the possibility to recognize best practices and collections. Currently, there are ongoing processes for the recognition of best practices and collections.
- Contribution to "Good Practice" and "Model Clauses" for the academic sector published by Swiss Academy of Sciences SCNAT https://absch.cbd.int/database/A19A20/ABSCH-A19A20-SCBD-208298
- Adoption of a national awareness-raising strategy on ABS https://absch.cbd.int/database/VLR/ABSCH-VLR-SCBD-238404
- Contribution to "Good Practice" and "Model Clauses" for the academic sector published by Swiss Academy of Sciences SCNAT https://absch.cbd.int/database/A19A20/ABSCH-A19A20-SCBD-208298
Yes
Yes
Switzerland has provided capacity-building support for the implementation of the Nagoya Protocol through bilateral and multilateral channels. We have implemented the strategic framework for capacity-building through practical capacity-building and development activities in developing countries and through our contributions to multilateral initiatives.
No
Yes
The early research and advocacy work sponsored by the Swiss FOEN were integral to the success of the IDLO-SCBD capacity building pogram for the implementation of the Nagoya Protocol. The e-learning modules and training program benefited from the wealth of research undertaken to date through funding from the Swiss FOEN and partners. Thus, indirectly, Swiss FOEN support was integral to this new and successful program which IDLO is about to scale up with the CBD secretariat.
No additional information provided
Switzerland has provided capacity-building support for the implementation of the Nagoya Protocol through bilateral and multilateral channels. We have implemented the strategic framework for capacity-building through practical capacity-building and development activities in developing countries and through our contributions to multilateral initiatives.
Switzerland contributes to the GEF and has also contributed to the Nagoya Protocol Implementation Fund, which are the two most important multilateral funds investing in capacity development projects and programs for the implementation of the NP in developing countries. In addition, Switzerland has supported projects and programs focusing on the development of capacities in developing country parties through its bilateral international cooperation. The main areas of cooperation were 1) the improvements of capacities to implement and comply with the obligations of the Protocol 2) and improving the capacities to develop, implement and enforce legislative, administrative or policy measures.
Through the enhanced cooperation between Swiss and foreign universities in the field of research covered by the NP, Switzerland indirectly also provides capacity-building support to developing countries.
Switzerland itself has not received any support from other countries in the implementation of the Nagoya Protocol, but the administration has worked closely with representatives from Swiss Universities and other experts from non-governmental institutions / organizations to ensure science-based decision making and a feasible implementation of the NP in Switzerland.
Yes
Through the enhanced cooperation between Swiss and foreign universities in the field of research covered by the NP, Switzerland indirectly provides capacity-building support to developing countries.
No additional information provided
Yes
Yes
Contribution to the GEF and bilateral und multi-bilateral support for specific programs such as Biotrade from UNCTAD.
No information provided
No information provided
Yes
Less than 5
Currently, users in Switzerland have difficulties to find appropriate information about domestic rules on ABS in some countries, which makes it difficult for them to comply with national measures in certain cases. Therefore, it is important that all relevant information about access regulations is made available in the ABS clearing house. In addition, several countries may still be in the process of establishing domestic rules on access and benefit-sharing. In some cases, the national focal points are unresponsive, which makes it difficult to obtain relevant information.
Different research institutions in Switzerland closed research projects on genetic resources because appropriate information about the domestic regulatory requirements and conditions of the providing countries were not available and Swiss law defines fines up to CHF 100'000 for non-compliance with due diligence requirements.
It would be helpful if there was a possibility to extract the content of this interim national report form as word or pdf, so that the contents could be reviewed easily by other offices and stakeholders.
