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.