News on ABS/DSI Access and Benefit Sharing

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:

• The results of the consultation process on Objective 20.4 (implementation of the Nagoya Protocol) can be found on the website: https://dialog.bmuv.de/bmu/de/draftbill/58653/chap/84#chapter.  

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).

Information around the Nagoya Protocol: 

• The ABS Clearinghouse team invites interested users to monthly webinars. The next meeting will take place on 27.06.2023 at 3 pm. User questions about the Clearinghouse website will be answered. The webinar will be recorded and will also be accessible afterwards (see https://absch.cbd.int/en/kb/tags/absch-announcement/ABSCH-Q-A-Webinar-on-ABSCH-for-Users-of-Genetic-Resources-Recording-Available-Now-/649b1aee99bd3a19d2597d3c)
• Ireland has recently ratified the Nagoya Protocol and will soon become the 140th Party to it. We are not aware of any intentions to regulate access to genetic resources.
• Looking over our neighbors' shoulders: The Dutch National ABS Contact Point has created a helpful flowchart for users to guide which cases fall within the scope of the EU regulation (see https://www.absfocalpoint.nl/en/absfocalpoint/help-tool.htm).

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/). 

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.

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.
 

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.