How do I ensure adherence to Nagoya Protocol when accessing genetic resource from a country? How do I access a genetic resources?
Compliance with domestic legislation and regulatory requirements on ABS are covered in Article 15 of the Protocol. Under the Protocol access to genetic resources and/or associated traditional knowledge for purposes of “utilization” must be carried out with the Prior Informed Consent (PIC) of the provider and according to Mutually Agreed Terms (MAT) established between the provider and the user.
“Utilization of genetic resources” means to conduct research and development on the genetic and/or biochemical composition of genetic resources, including through the application of biotechnology as defined in Article 2 of the CBD.
PIC is the permission granted by the competent national authority (CNA) of a provider country to a user prior to accessing genetic resources. MAT is a contract established between the providers of genetic resources and users and normally sets out the conditions of access and use of the resources, and how the benefits that derived from the utilization of genetic resources are to be shared between both parties. The CNA is responsible for granting access or issuing written evidence that access requirements have been met is responsible for advising on applicable procedures and requirements for obtaining PIC and entering into MAT.
You can find further information on access and benefit-sharing and the Nagoya Protocol here: https://www.cbd.int/abs/awareness-raising/default.shtml. In particular you might find useful the policy brief and factsheets developed on the agriculture sector and how access and benefit-sharing applies to plant genetic resources for food and agriculture (https://www.cbd.int/abs/policy-brief/default.shtml/)
If you do know the country of origin of the genetic resources that you’re currently accessing, or have accessed in the past, I would suggest to contact the country’s ABS national focal point and find out more about their ABS requirements. Contact information for ABS national focal points is available on the ABS Clearing-House (https://absch.cbd.int/search). The Nagoya Protocol is flexible regarding the process for granting prior informed consent and for establishing mutually agreed terms. The basic requirements related to access to genetic resources are included in Article 6 of the Protocol and aim to ensure that access procedures are clear and transparent and provide for legal certainty. Therefore, each country can decide to establish the process for negotiating and approving access and benefit-sharing agreements that it considers most appropriate to its national circumstances.