The Nagoya Protocol is an international agreement that regulates access to genetic resources (access) and the fair and equitable sharing of the benefits arising from their utilisation (benefit sharing). Since its entry into force on 12 October 2014, the interests of users of genetic resources and their countries of origin have been taken into account equally.
In addition to commercial research, the Nagoya Protocol also applies to basic research. With regard to the Nagoya Protocol/Access & Benefit Sharing, the Leibniz Institute for the Analysis of Biodiversity Change is committed to the recommendations for action of the German Research Foundation(DFG) and the Consortium of European Taxonomic Institutes(CETAF). CETAF is an association of scientific, non-commercial, taxonomic institutions in Europe. As a member of the consortium, the LIB follows the CETAF guidelines(Code of Conduct and Best Practices) in dealing with the Nagoya Protocol.
As the overarching scientific institution in Germany, the DFG has published practical guidelines on the subject, which scientists can use to plan and carry out their own research projects in accordance with the Nagoya Protocol. In addition, sample contracts are also available that can be used for bilateral agreements in the context of research projects.
The European Union has published an EU guide on Access and Benefit Sharing/Nagoya Protocol, which contains many useful tips and practical descriptions to help researchers assess when work falls under the EU ABS Regulation 511/2014 (Nagoya Protocol). Within the scope of application of the EU ABS Regulation, the submission of due diligence declarations to the Federal Agency for Nature Conservation (BfN) has been mandatory since 10 May 2018.
Regardless of whether a work falls within the scope of the EU regulation, the usual due diligence and documentation obligations remain in place. The country-specific rules can be enquired about using the contact details stored in the ABS Clearing House.
Since 2020, there has been a BfN-funded advisory centre for academic research on the ABS/Nagoya Protocol with the aim of providing mutual support with ABS processes in various countries.
