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Nagoya Protocol
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
Articles (20): - Preamble
Paragraphs: - 7.
... Acknowledging the potential role of access and benefit-sharing to contribute to the conservation and sustainable use of biological diversity, poverty eradication and environmental sustainability and, thereby contributing to achieving the Millennium Development Goals,... - 11.
... Recognizing also the vital role that women play in access and benefit sharing and affirming the need for the full participation of women at all levels of policy making and implementation for biodiversity conservation,... - 12.
... Determined to further support the effective implementation of the access and benefit-sharing provisions of the Convention,... - 17.
... Acknowledging ongoing work in other international fora relating to access and benefit-sharing,... - 18.
... Recalling the Multilateral System of Access and Benefit-sharing established under the International Treaty on Plant Genetic Resources for Food and Agriculture developed in harmony with the Convention,... - 19.
... Recognizing that international instruments related to access and benefit-sharing should be mutually supportive with a view to achieving the objectives of the Convention,... - 2.
This paragraph was tagged with keywords - 8.
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- Article 3 bis - - Relationship with International Agreements and Instruments
Paragraphs: - 2.
... Nothing in this Protocol shall prevent the Parties from developing and implementing other relevant international agreements, including other specialised access and benefit-sharing agreements, provided that they are supportive of and do not run counter to the objectives of the Convention and this Protocol.... - 4.
... This Protocol is the instrument for the implementation of the access and benefit-sharing provisions of the Convention. Where a specialised international access and benefit-sharing instrument applies that is consistent with, and does not run counter to the objectives of the Convention and this Protocol, this Protocol does not apply for the Party or Parties to the specialised instrument in respect of the specific genetic resource covered by and for the purpose of the specialised instrument....
- Article 5 - Access to Genetic Resources
Paragraphs: - 1.
... In the exercise of sovereign rights over natural resources, and subject to its domestic access and benefit-sharing legislation or regulatory requirements, access to genetic resources for their utilization, shall be subject to the prior informed consent of the Party providing such resources that is the country of origin of such resources or a Party that has acquired the genetic resources in accordance with the Convention, unless otherwise determined by that Party.... - (a)
... Provide for legal certainty, clarity and transparency of their domestic access and benefit-sharing legislation or regulatory requirements;... - (d)
... Provide for the issuance at the time of access of a permit or its equivalent as evidence of the decision to grant prior informed consent and of the establishment of mutually agreed terms, and notify the Access and Benefit-sharing Clearing-House accordingly;...
- Article 6 - Special considerations
Paragraphs: - 1
... In the development and implementation of its access and benefit-sharing legislation or regulatory requirements, each Party shall: ... - (b)
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- Article 9 - Traditional Knowledge Associated with Genetic Resources
Paragraph: - 2.
... Parties, with the effective participation of the indigenous and local communities concerned, shall establish mechanisms to inform potential users of traditional knowledge associated with genetic resources about their obligations, including measures as made available through the Access and Benefit-sharing Clearing-House for access to and fair and equitable sharing of benefits arising from the utilization of such knowledge....
- Article 10 - National Focal Points and Competent National Authorities
Paragraphs: - 1.
... Each Party shall designate a national focal point on access and benefit-sharing. The national focal point shall make information available as follows: ... - 2.
... Each Party shall designate one or more competent national authorities on access and benefit-sharing. Competent national authorities shall, in accordance with applicable national legislative, administrative or policy measures, be responsible for granting access or, as applicable, issuing written evidence that access requirements have been met and be responsible for advising on applicable procedures and requirements for obtaining prior informed consent and entering into mutually agreed terms. ... - 5.
... The Secretariat shall make information received pursuant to paragraph 4 available through the Access and Benefit-sharing Clearing-House....
- Article 11 - The Access and Benefit-Sharing Clearing-House and Information Sharing
Paragraphs: - 1.
... An Access and Benefit-sharing Clearing-House is hereby established as part of the clearing house mechanism under Article 18, paragraph 3, of the Convention. It shall serve as a means for sharing of information related to access and benefit-sharing. In particular, it shall provide access to information made available by each Party relevant to the implementation of this Protocol.... - 2.
... Without prejudice to the protection of confidential information, each Party shall make available to the Access and Benefit-sharing Clearing-House any information required by this Protocol, as well as information required pursuant to the decisions taken by the Conference of the Parties serving as the meeting of the Parties to this Protocol. The information shall include:... - (a)
... Legislative, administrative and policy measures on access and benefit-sharing;... - 4.
... The modalities of the operation of the Access and Benefit-sharing Clearing-House, including reports on its activities, shall be considered and decided upon by the Conference of the Parties serving as the meeting of the Parties to this Protocol at its first meeting, and kept under review thereafter....
- Article 12 - Compliance With Domestic Legislation or Regulatory Requirements on Access And Benefit-Sharing
Paragraphs: - 1.
... Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures to provide that genetic resources utilized within its jurisdiction have been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the other Party.... - 3.
... Parties shall, as far as possible and as appropriate, cooperate in cases of alleged violation of domestic access and benefit-sharing legislation or regulatory requirements referred to in paragraph 1....
- Article 12 bis - Compliance With Domestic Legislation or Regulatory Requirements on Access And Benefit-Sharing for Traditional Knowledge Associated With Genetic Resources
Paragraphs: - 1.
... Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures, as appropriate, to provide that traditional knowledge associated with genetic resources utilized within their jurisdiction has been accessed in accordance with prior informed consent or approval and involvement of indigenous and local communities and that mutually agreed terms have been established, as required by domestic access and benefit sharing legislation or regulatory... - 3.
... Parties shall, as far as possible and as appropriate cooperate in cases of alleged violation of domestic access and benefit-sharing legislation or regulatory requirements referred to in paragraph 1....
- Article 13 - - Monitoring the Utilization of Genetic Resources
Paragraphs: - (iii)
... Such information, including from internationally recognized certificates of compliance where they are available, will, without prejudice to the protection of confidential information, be provided to relevant national authorities, to the Party providing prior informed consent and to the Access and Benefit-sharing Clearing-House, as appropriate. ... - 2.
... A permit or its equivalent issued in accordance with Article 5, paragraph 2 (d) and made available to the Access and Benefit-sharing Clearing-House, shall constitute an internationally recognized certificate of compliance. ... - 3.
... An internationally recognized certificate of compliance shall serve as evidence that the genetic resource which it covers has been accessed in accordance with prior informed consent and that mutually agreed terms have been established, as required by the domestic access and benefit-sharing legislation or regulatory requirements of the Party providing prior informed consent. ...
- Article 16 - - Codes of Conduct, Guidelines and Best Practices and/or Standards
Paragraph: - 1.
... Each Party shall encourage, as appropriate, the development, update and use of voluntary codes of conduct, guidelines and best practices and/or standards in relation to access and benefit-sharing....
- Article 17 - - Awareness-Raising
Paragraphs: - 1
... Each Party shall take measures to raise awareness of the importance of genetic resources and traditional knowledge associated with genetic resources, and related access and benefit sharing issues. Such measures may include, inter alia:... - (g)
... Education and training of users and providers of genetic resources and traditional knowledge associated with genetic resources about their access and benefit-sharing obligations;...
- Article 18 - - Capacity
Paragraphs: - (c)
... Capacity to develop, implement and enforce domestic legislative, administrative or policy measures on access and benefit-sharing; and... - (d)
... Employment of best available communication tools and Internet-based systems for access and benefit-sharing activities;... - (h)
... Enhancement of the contribution of access and benefit-sharing activities to the conservation of biological diversity and the sustainable use of its components;... - (i)
... Special measures to increase the capacity of relevant stakeholders in relation to access and benefit-sharing; and... - 6.
... Information on capacity-building and development initiatives at national, regional and international levels, undertaken in accordance with paragraphs 1 to 5 above, should be provided to the Access and Benefit-sharing Clearing-House with a view to promoting synergy and coordination on capacity-building and development for access and benefit-sharing....
- Article 18 ter - Non-Parties
Paragraph: - 1
... The Parties shall encourage non-Parties to adhere to this Protocol and to contribute appropriate information to the Access and Benefit-sharing Clearing-House....
- Article 1 - Objective
This article was tagged with keywords - Article 7 - - Contribution to Conservation and Sustainable Use
This article was tagged with keywords - Article 7 bis - Global Multilateral Benefit-Sharing Mechanism
This article was tagged with keywords - Article 3 - Scope
Paragraph: - 1.
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- Article 4 - Fair and Equitable Benefit-Sharing
Paragraphs: - 1.
This paragraph was tagged with keywords - 1 bis.
This paragraph was tagged with keywords - 3.
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- Article 8 - Transboundary Cooperation
Paragraph: - 2.
This paragraph was tagged with keywords
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