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News on ABS/DSI Access and Benefit Sharing

January/February 2024

Implementation of the Nagoya Protocol:

  • Strengthening research cooperation with Brazil: A webinar organized by the Leibniz Institute for Zoo and Wildlife Research (IZW) in Berlin in cooperation with the Brazilian Embassy was aimed at researchers interested in collaborating with Brazil. The aim was for researchers to gain a better understanding of ABS regulations in Brazil and, conversely, for the Brazilian Ministry of the Environment to receive feedback from researchers in Germany. The webinar was recorded and will soon be published on the Brazilian Embassy's YouTube channel.
  • The Nagoya Protocol HuB continues to offer Suggestions and tips for research institutions on how they can implement the EU regulation on the Nagoya Protocol.

International negotiations on ABS and DSI: 

  • The working group set up by the CBD to negotiate a multilateral mechanism for benefit-sharing from the use of digital sequence information (DSI) had started its work in November 2023. Numerous points are still under discussion, e.g. who should pay into the benefit-sharing fund to be created in future, who should benefit from it and how the fund should be managed. In order to create a common understanding on all these issues, the co-chairs of the working group have set up an Informal Advisory Group, which will meet once a month until the 2nd meeting of the working group (August) to discuss a smaller set of questions. Information on the presentations from these meetings can be found here. The main topics in January were DSI databases, research methods and products related to DSI and data management. In February, the focus was on cooperation with other international forums for whose ABS systems the handling of DSI is also being debated, on legal issues and on incentives for participation in the system.
  • With regard to the ABS mechanism provided for in the High Seas Biodiversity Treaty (BBNJ-Treaty) under the UN Convention on the Law of the Sea, many decisions are still pending. The International Union for Conservation of Nature (IUCN) has published an introduction to the BBNJ-Treaty, which gives an overview of the agreement including background information.

The negotiations on the WHO pandemic agreement, which is scheduled to be adopted in May 2024, are entering the decisive phase and were also the subject of a debate in the Bundestag in February. The situation is complicated. International efforts are currently being made to find a balance between the demands of developing countries for a fair distribution of benefits, including access to medicines, and the pharmaceutical industry's demand to protect intellectual property rights. The WHO warns against misinformation on the Internet. Current information on the negotiation process can be found here.

December 2023

Implementation of the Nagoya Protocol in Germany:

  • The German Nagoya Protocol Hub (GNP-Hub) together with the project MICROBE (Microbiome Biobanking Enabler) offer a free online workshop "Nagoya for beginners" on December 11 from 10-12 am. It is aimed at all those who conduct research with genetic resources and would like to know what obligations they have to fulfill with regard to access and benefit-sharing (ABS). You can find more information here.

International debates on ABS und DSI: 

  • The working group set up by the CBD to negotiate a multilateral mechanism for benefit sharing from the use of digital sequence information (DSI) started its work in November (14-18.11.2023). Among other things, the debate focused on who should pay into the benefit-sharing fund to be set up in future, who should benefit from it and how the fund should be managed. Essentially, Parties agreed to an intensive and inclusive working process to address a huge catalogue of detailed questions to be solved by the end of 2024. The CBD Secretariat has published an English summary of the results with links to further information in its press_release.  
  • The 10th meeting of the governing body of the Plant Treaty on Plant Genetic Resources for Food and Agriculture (20-24.11.2023) in Rome also focused on the further development of the multilateral ABS system (MLS), where agreement was essentially reached on the further work process until the end of 2025. The proposal on the table to regulate monetary benefit sharing in the form of a subscription system still needs to be clarified: Whether and how the scope of application can be extended to all plant genetic resources for food and agriculture, what exactly the payment system and payment rates should look like and how DSI is to be addressed in the system.   

October/November 2023

International debates on ABS und DSI: 

September 2023

Information on the Nagoya Protocol:

  • The Secretariat of the Convention on Biological Diversity offers e-learning modules on the Nagoya Protocol on its ABS website (ABS Clearinghouse) They are available in English, French and Spanish and are suitable for anyone new to the topic. You can find an overview of the modules here.

Implementation of EU Regulation 511/2014 on the implementation of the Nagoya Protocol

  • The 8th meeting of the EU Commission's ABS Consultation Forum took place in Brussels on September 27, 2023. The forum is made up of representatives of interested parties (mainly trade and business associations and NGOs) and the EU Member States, who advise the Commission on the implementation of the EU ABS Regulation and its Implementing Regulation. The presentations on the status of implementation of the Regulation in different EU Member States and the minutes of the meeting can be found here

International debate on ABS and DSI: 

  • The Global Biodiversity Framework (Kunming-Montreal Global Biodiversity Framework) stipulates in the ABS targets (Goal C, Target 13) that both monetary and non-monetary benefit sharing from the utilization of genetic resources should be significantly increased. How target achievement is to be measured in future is currently still under discussion. As part of a study commissioned by the CBD Secretariat, the German Collection of Microorganisms and Cell Cultures (DSMZ) is working on possible ABS indicators. This study is to be presented to the CBD working group responsible for the further development of the indicators by the end of the year.
  • As part of a project commissioned by the BfN entitled „Examining Trends in Non-Monetary Benefit-Sharing (ET-NMBS)“, the DSMZ is also developing standardized methods for quantifying non-monetary benefit-sharing, specifically with regard to joint research results, international cooperation and access to infrastructure and databases.
  • At its 25th meeting in Nairobi, Kenya (October 15-19, 2023), the Scientific Advisory Board (SBSTTA) of the Convention on Biological Diversity (CBD) will also address the monitoring framework for implementing the Kunming-Montreal Global Biodiversity Framework.

August 2023

International negotiations on ABS and DSI: 

  • Plant Treaty: The Governing Body will meet 20-24 November 2023 to launch further negotiations on the enhancement of the Multilateral System for Access and benefit Sharing.   
  • CBD: On the ABS targets of the Global Biodiversity Framework (Goal C, Target 13) adopted at the end of 2022, the CBD Secretariat had hosted a webinar in July, which was recorded and is available here. The 25th meeting of the CBD's Scientific Advisory Panel (SBSTTA) will focus, among other topics, on monitoring the targets of the Global Biodiversity Framework. The meeting will be held in Nairobi, Kenya, from October 15-19, 2023. In preparation for this meeting, invited EU experts will meet on Vilm Island from 11-15 September 2023.
  • DSI at CBD: The open-ended working group to negotiate the benefit-sharing instrument for the use of DSI will meet in Geneva, November 14-18, 2023.

Consultation process on the draft revised German National Biodiversity Strategy (NBS), regarding ABS:


July 2023

Information around the Nagoya Protocol: 

  • The ABS Capacity Development Initiative has published the 3rd edition of the "ABS Contract Tool"). Among other things, the publication provides background information on clauses frequently used in ABS contracts.

Developments in international fora on ABS and DSI: 

  • Plant Treaty: From July 12-14, the Working Group on the Enhancement of the Multilateral System of the International Treaty on Plant Genetic Resources resumed its work and developed a negotiation schedule. The plan is to adopt a system by the end of 2025 that will result in higher user-based payments into the Benefit Sharing Fund. To achieve this, an expansion of the scope to include all plant genetic resources for food and agriculture is up for debate, as is how to address DSI in this ABS system. The Governing Body of the Plant Treaty will decide in November 2023 whether to launch the planned negotiation process. As negotiations are currently underway at the CBD on a multilateral benefit-sharing system for DSI, the negotiation processes will interact. We will keep you updated on this. 
  • CGRFA: There were decisions on ABS and DSI at the 19th meeting of the FAO Commission on Genetic Resources (CGRFA) in Rome, July 17-22:
    • The Commission adopted a questionnaire on the impact of national ABS measures on conservation and sustainable use, as well as on benefit-sharing of genetic resources for food and agriculture - both among users and ABS regulating countries.
    • A study commissioned by the Commission on the role of DSI in agriculture, forestry, fisheries, and food shall be published soon. As it shows the importance of generating, storing in databases and accessibility of genetic sequence data to adapt , the Commission decided to feed it into the CBD negotiation process to develop a DSI benefit sharing system.
  • The ABS team of the Convention on Biological Diversity is hosting a question and answer webinar on July 27, 2023 from 15-16:00 on the ABS Targets (Goal C, Target 13) of the Global Biodiversity Framework adopted at the end of 2022. It is intended to show how these targets will contribute to the implementation of the Biodiversity Framework. For more information and the registration link, please visit the ABS-Clearinghouse.    
  • The official text version of the International Agreement under the UN Convention on the Law of the Sea regarding Marine Biodiversity Beyond National Jurisdictions (BBNJ-Treaty), was released last week (see text, Article 14 and 15 are related to ABS issues).

May / June 2023

Information around the Nagoya Protocol: 

Developments in international fora on ABS and DSI: 

  • In order for the Kunming and Montreal Global Biodiversity Framework (KM GBF) adopted in December 2022 to be effectively implemented, procedures are needed to measure collective progress globally. The CBD member states are currently invited to comment on a proposal to this end (see https://www.cbd.int/process/peer-review/). 

April 2023

National implementation of the Nagoya Protocol

• The responsible Federal Agency for Nature Conservation regularly compiles news on the national implementation of the Nagoya Protocol and Regulation (EU) No. 511/2014 in its newsletter on the Nagoya Protocol. Here you will find the link to the 1/2023 issue. In it, the BfN reports on the past control cycle 2022 and gives an outlook on the plans for 2023. Among other things, BfN is currently trying to develop an AI method to support user controls in relation to the evaluation of scientific publications.
• Online seminar on the Nagoya Protocol: The DECHEMA Research Institute and the "German Nagoya Protocol HuB" project are jointly offering an online seminar on May 23, 2023 on the basics of the Nagoya Protocol and its implementation - in English. You can find more information on the BfN website and here.

International negotiations on ABS and DSI:

• Within the framework of the United Nations Convention on the Law of the Sea, the draft text of a legally binding agreement on marine biodiversity in areas outside national jurisdictions (biodiversity beyond national jurisdictions) was agreed on March 4, 2023 (= draft BBNJ agreement), which will be adopted in the middle of the year should. The agreement provides for regulations on ABS for marine genetic resources (MGR) and the DSI generated from them. It details all information that must be reported six months or as early as possible before in situ collection of MGR from the ABNJ. A "standardized BBNJ batch identifier" is then to be generated automatically via a clearing house mechanism that is yet to be created. No later than one year after the batch identification, it must be reported, for example, where the resource or in which database the sequence data generated from it was stored. Information about the results of use, granted patents and product sales must then also be reported. The modalities for sharing the monetary benefits resulting from the use of MGR and DSI will be developed by the contracting states of the agreement.


•   A negotiating body of the World Health Assembly (WHA) has been developing an international legal instrument for pandemic prevention and response since 2021. The draft provides for the establishment of a multilateral WHO pathogen ABS system (PABS system), which will regulate the exchange of pathogens with pandemic potential, their genomic sequences and the distribution of the benefits generated from their use. This should take into account that a very early, secure, transparent and rapid exchange of both pathogen samples and the genetic sequence data generated from them is urgently required to combat a pandemic. In April 2023, the further timetable was agreed in order to be able to present the result to the WHA in May 2024.


Outlook on upcoming negotiations:

•    In the case of the International Treaty on Plant Genetic Resources for Food and Agriculture, the steering committee decided last year to resume negotiations on the further development of the multilateral ABS system. The open working group was reconvened and will meet in July 2023. One of the first topics to be dealt with on the agenda is genetic sequence information. The IBV will take part in the negotiations there for the BMEL. We will keep you informed of the results.


• At the Food and Agriculture Organization's Commission on Genetic Resources for Food and Agriculture, the topics are on the agenda of the 19th session to be held in July 2023. All issues relating to the conservation and sustainable use of genetic resources for food and agriculture will be on the agenda here. With regard to ABS, in contrast to the other forums, no new agreement is up for debate here, but the effects of existing regulations on ABS for genetic resources on the conservation and sustainable use of genetic resources for food and agriculture are examined and what role DSI plays in the Conservation, sustainable use and ABS occupies. The IBV will also be represented together with the BMEL. We will report on this as well.

• The World Intellectual Property Organization (WIPO) is currently evaluating options for an International Legal Instrument Relating to Intellectual Property, Genetic Resources and Traditional Knowledge Associated with Genetic Resources. The use of DSI is discussed here in the context of disclosure requirements for patents on genetic resources and traditional knowledge. A diplomatic conference is to finalize a legal instrument by 2014 at the latest. The preparatory committee for this will meet in September 2023.


• Within the framework of the Convention on Biological Diversity, the necessary preparations for negotiating a multilateral benefit-sharing instrument for digital sequence information are underway. We will also report back on this when there is news.


February / March 2023

Implementation of EU Regulation 511/2014 implementing the Nagoya Protocol

• Advice for researchers: The German Nagoya Protocol HUB (help and advice on all aspects of the Nagoya Protocol for basic research) is being extended. The project offers basic information on the Nagoya Protocol and the implementation of EU Regulation 511/2014. The website (also in English) is therefore still available.
The advice center is located at the Leibniz Institute DSMZ-German Collection of Microorganisms and Cell Cultures GmbH in Braunschweig.

CBD and Nagoya Protocol

•    ABS Clearinghouse: The CBD Secretariat offers a monthly Q&A webinar on a specific topic related to the Nagoya Protocol. The topic of the upcoming webinar on March 30, 2023 is: "Monitoring utilization through the ABS Clearing-House". Further information can be found here.
• Bangladesh ratified the Nagoya Protocol in January 2023 and will thus be one of the 139 signatory states from April 10, 2023.

Negotiations on Digital Sequence Information (DSI)

• The CBD Secretariat's call for comments on the further negotiation process on DSI has been extended and is now possible until March 31, 2023.
•    The DSI Scientific Network has written a statement that summarizes and classifies the results of the negotiations in Montreal.
 


January 2023

New features on the ABS Clearinghouse website

For practical work, it is important to be able to research information on contacts and ABS legislation in countries around the world. These can be found on the ABS Clearinghouse website. On January 31, 2023 at 3:30 p.m., the CBD Secretariat will hold a webinar to demonstrate the new and recently enhanced features on the ABS Clearinghouse website (approximately 45 minutes in English). You can find out more about this webinar here, or you can log in using the webinar link.

UN Biodiversity Conference: Review and Outlook

During the UN Biodiversity Conference, the 10th anniversary of the Nagoya Protocol was celebrated with a high-level breakfast. Among other things, thanks were given to Japan for leadership and support since the adoption in Nagoya. However, it was also mentioned that there are still challenges to be overcome in the implementation. (https://enb.iisd.org/10-years-nagoya-protocol-successes-challenges-looking-forward).
The final text of the Kunming and Montreal Biodiversity Framework is also available online. Goal C and action goal 13 are important on the subject of access to genetic resources and fair benefit-sharing: These call for the sharing of benefits both for the use of genetic resources and for digital sequence information and traditional knowledge in connection with genetic resources, and for a significant increase in the Benefit sharing targeted by 2030. For more information on the text and key decisions, see www.cbd.int/article/cop15-final-text-kunming-montreal-gbf-221222.
After the mammoth meeting in Montreal, the implementation process for the decisions made is already slowly starting. The call for experts to nominate experts to take care of the further development of the monitoring framework has just been published. This also concerns the question of how to measure non-monetary and monetary benefit sharing.
According to the decision in Montreal to establish a multilateral DSI benefit-sharing mechanism, the following steps are to be initiated by the CBD Secretariat:
set up an open working group to develop such a system,
to invite States Parties and interested parties to submit their ideas/views on a DSI mechanism in writing,
to compile previous experiences with multilateral benefit-sharing funds,
to commission a study that analyzes which potential solution models can meet the agreed criteria (maintaining open access to DSI, etc.),
to commission a study on options for income-generating measures at various points along the value chain, which also includes their feasibility in terms of implementation and a cost-benefit analysis.


Kontakt

 

Marliese von den Driesch
+49 (0) 228  6845 - 3241 
E-Mail: Marliese.vondenDriesch(at)ble(dot)de

Karina Klein
+49 (0) 228  6845 - 2687
E-Mail: Karina.klein(at)ble(dot)de

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