This decree sets out the terms of application of Law No. 2021/014 of July 9, 2021 regulating access to genetic resources, their derivatives, associated traditional knowledge and the fair and equitable sharing of benefits arising from their use. As such, it addresses questions relating to procedures and, in general, to the organization of the national system of access to genetic resources, their derivatives and/or associated traditional knowledge and sharing of and related benefits.
The text also specifies the provisions of the aforementioned ABS law, including key concepts of the Nagoya Protocol such as Prior Informed Consent (CPCC), Mutually Agreed Conditions (CCCA) and Permit APA. It also sets out the administrative procedures to follow to obtain the legal titles prescribed by the APA law.
In this perspective, the text establishes a specific regime for local research. The latter benefits from a simplified procedure with the aim of promoting its development and the valorization of the resulting results, on a national scale. The specific regime also applies to access to genetic resources, their derivatives and/or associated traditional knowledge in emergency situations.
Still in the logic of easier implementation of the ABS law, the ABS declaration and permit regimes, the benefit sharing modalities, the monitoring mechanisms serve to put in place the necessary tools to enable the Competent National Authority to effectively manage activities related to all forms of use of genetic resources, their derivatives and/or associated traditional knowledge. As for the sharing of benefits which is the purpose of the access procedure, it is assisted by tax advantages, monetary and non-monetary advantages. Fiscal benefits accrue to the State while monetary and non-monetary benefits accrue to indigenous populations and local communities.