Loading...
This record has been deleted. Since it is linked to a published record, it is available here for reference purposes only.
Click here to view the deleted recordThis document has been updated. This is not the latest published version. Click here to view the latest version of the record.
ABS Procedure
(PRO)
published: 20 Jun 2019
last updated: 11 Dec 2019
Transfer of the genetic resources
EN
National / Federal
Competent National Authority:National Coordination Center on Access to Genetic Resources and Benefit-Sharing ()27 Akademicheskaya st.Minsk,
220072, BelarusPhone: +375 17.399.8575,Fax: +375 17.284.1917,Email: E.Makeyeva@igc.by, belarusnpabs@gmail.com,Website: http://abs.igc.by,
Legislation of the Republic of Belarus does not stipulate requirements to the potential user or terms to submit an application for access to genetic resources.
- The provider of genetic resources or their potential user may choose any convenient way (telephone, email, in person) to contact the National Coordination Centre on Access to Genetic Resources and Benefit-sharing (ABS-NCC) and provide information in either Russian or English pursuant to the application form.
- ABS-NCC shall apply to the National Competent Authority (NCA) (the Ministry of Natural Resources and Environmental Protection) to obtain a prior informed consent. The Ministry shall analyze the submitted information and make a decision whether to issue PIC or reject it.
- During the procedure for PIC, ABS-NCC shall check whether mutually agreed terms between the provider and user of genetic resources are specified in the collaboration contract (agreement) and comply with the Nagoya Protocol.
Mutually Agreed Terms (MAT) shall include as follows:
• Terms on sharing of benefits arising from the transfer of a genetic resource, including intellectual property rights
• Terms on subsequent use by the third Party if it is a case
• Provision on an intent change.
ABS-NCC advises an applicant and assists in bringing MAT in line with the Nagoya Protocol requirements providing model clauses, if required, or in preparing a supplementary contract to the collaboration contract (agreement).
- After signing a contract (collaboration agreement) with the agreed terms, ABS-NCC shall apply with the Ministry of Natural Resources and Environmental Protection to obtain a permit for access to genetic resources, which serves as evidence of compliance with the Nagoya Protocol requirements.
- ABS-NCC shall submit information from the ABS permit issued by the Ministry of Natural Resources and Environmental Protection to the ABS Clearing-House, and based on it, an Internationally Recognized Certificate of Compliance is generated to confirm the legality of the genetic resource transfer.
- ABS-NCC shall apply to the National Competent Authority (NCA) (the Ministry of Natural Resources and Environmental Protection) to obtain a prior informed consent. The Ministry shall analyze the submitted information and make a decision whether to issue PIC or reject it.
- During the procedure for PIC, ABS-NCC shall check whether mutually agreed terms between the provider and user of genetic resources are specified in the collaboration contract (agreement) and comply with the Nagoya Protocol.
Mutually Agreed Terms (MAT) shall include as follows:
• Terms on sharing of benefits arising from the transfer of a genetic resource, including intellectual property rights
• Terms on subsequent use by the third Party if it is a case
• Provision on an intent change.
ABS-NCC advises an applicant and assists in bringing MAT in line with the Nagoya Protocol requirements providing model clauses, if required, or in preparing a supplementary contract to the collaboration contract (agreement).
- After signing a contract (collaboration agreement) with the agreed terms, ABS-NCC shall apply with the Ministry of Natural Resources and Environmental Protection to obtain a permit for access to genetic resources, which serves as evidence of compliance with the Nagoya Protocol requirements.
- ABS-NCC shall submit information from the ABS permit issued by the Ministry of Natural Resources and Environmental Protection to the ABS Clearing-House, and based on it, an Internationally Recognized Certificate of Compliance is generated to confirm the legality of the genetic resource transfer.
Yes
When applying to ABS-NCC, an applicant shall provide information as follows:
• Name, legal address, contact person, contact phone number, e-mail address of the provider and the potential user of the genetic resource requested
• Biological type of the genetic resource, if known, including its Latin name
• Number and brief description of samples
• Type of use (research, commercial use)
• Brief description and purpose of the research/commercial use
• Contract (draft contract) or collaboration agreement (draft agreement) (if available).
If the potential user has no contact organization in Belarus, then at his or her request ABS-NCC will assist in finding a provider partner.
• Name, legal address, contact person, contact phone number, e-mail address of the provider and the potential user of the genetic resource requested
• Biological type of the genetic resource, if known, including its Latin name
• Number and brief description of samples
• Type of use (research, commercial use)
• Brief description and purpose of the research/commercial use
• Contract (draft contract) or collaboration agreement (draft agreement) (if available).
If the potential user has no contact organization in Belarus, then at his or her request ABS-NCC will assist in finding a provider partner.
No
EN
months
ABSCH-MSR-BY-201806-6
Legislative, Administrative or Policy Measure
Decree of the President of the Republic of Belarus "On Accession of the Republic of Belarus to the International Treaty"
Decree of the President of the Republic of Belarus of 22 May 2014, No.235 "On Accession of the
Republic of Belarus to the International Treaty".
The Decree prescribes:
1. To accede to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity adopted in Nagoya on October 29, 2010. To designate the Ministry of Natural Resources and Environmental Protection responsible for fulfilling the obligations undertaken by the Republic of Belarus under the stated international treaty.
2. The Council of Ministers of the Republic of Belarus shall take the necessary measures to implement this Decree within six months.
3. This Decree shall enter into force on the day of its signing.
ABSCH-MSR-BY-202243-4
Legislative, Administrative or Policy Measure
Resolution of the Council of Ministers of the Republic of Belarus "On Establishment of the National Coordination Centre on Access to Genetic Resources and Benefit-Sharing" of 1 October 2014, N 933
This Resolution prescribes the establishment of the National Coordination Centre on Access to Genetic Resources and Benefit-Sharing at the State Scientific Institution “Institute of Genetics and Cytology at the National Academy of Sciences of Belarus” entrusting it with the functions of the checkpoint for monitoring the utilization of genetic resources specified in accordance with the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to Convention on Biological Diversity.
- Access to genetic resources (Article 15 of the CBD)
- Nagoya Protocol
- Competent national authority/ies
- Access
- Access to genetic resources
- For non-commercial use
EN