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Access and Benefit Sharing

Implementation of the Nagoya Protocol and the EU Regulation in Germany

Implementation of the Nagoya Protocol in Germany

Germany has not adopted access legislation according to the Nagoya Protocol. Therefore, access to genetic resources in Germany does not require "Prior Informed Consent” (PIC) and "Mutually Agreed Terms" (MAT) (see also Nagoya Protocol). However, other public and private law provisions apply which may prohibit or restrict access to genetic resources or make it subject to authorisation. For further information, please visit the information pages of the Federal Agency for Nature Conservation (see ABS information at BfN).
The EU-ABS Regulation has been in force since October 2014 and is thus directly applicable in the Member States. In Germany, it is supplemented by the "Act Implementing the Obligations under the Nagoya Protocol and Transposing Regulation (EU) No. 511/ 2014".

Responsibilities

The competent national authority for the implementation of the Nagoya Protocol and the EU-ABS Regulation in Germany is the Federal Agency for Nature Conservation (BfN).
Further information on the Nagoya Protocol, its implementation at European and national level and the resulting obligations for users is available at BfN's website.
In accordance with the German Implementation Act, the competent national authority shall make any determinations concerning the organisation of enforcement in Germany and related decisions with regard to genetic resources for food and agriculture in agreement with the Federal Office for Agriculture and Food (BLE). The responsible department for such agreements is the BLE Information and Coordination Centre for Biological Diversity (IBV).