Implementation of the Nagoya Protocol and the EU-ABS-Regulation:

• The German Nagoya-Protocol-HuB has recently published „Easy ABS Guides“ for France and Brazil, which can help users to understand their obligations. 
• The Max Rubner Institute in cooperation with the German Nagoya Protocol HuB will held a Webinar „Nagoya-Protokoll – Grundlagen, Entwicklungen und Erfahrungen“ Das Webinar (German Language) will take place on 28 November 2024 from 13.00 to 15:00 h. The Agenda and the den Link can be found here.
• Costa Rica has ratified the Nagoya Protocol. In December 2024, Costa Rica will become a Contracting Party to Protocol, which means tat, for users in within the EU, due dilligence obligations according to the EU ABS Regulation will be applicable for genetic resources accessed in Costa Rica.

International Developments regarding ABS and DSI/GSD: 

• Enhancement of the multilateral ABS System of the International Treaty on  Plant Genetic Resources for Food and Agriculture: The working group agreed at its 12th meeting (16-19 September 2024) to continue working on a subscription only mechanism for access and benefit sharing. This would mean that anyone who would like to obtain material (= plant genetic resources) from the multilateral system in the future would have to become a subscriber. In order to take on board important aspects of the existing single access option, this mechanism is considered to contain 2 alternative triggers for mandatory benefit sharing payments: one option with early annual payments upon registration as a subscriber, the other option with a deferred start of payments after marketing. A small group was tasked to work out further details of the mechanism, which then will be discussed at the next working group meeting to be held in April 2025. The Working Group will also continue work on expanding the scope of the ABS system to potentially all plant genetic resources for food and agriculture, as well as on the question of how to address DSI in this system. The Working Group envisages a mutually supportive approach with the Multilateral DSI Benefit-Sharing Mechanism under negotiation by the UN Biodiversity Conference. For more information, visit the Website of the Plant Treaty and the report in the ENB-Newsletter.
• Multilateral Mechanism for Benefit Sharing from the use of DSI (DSI-MLM) under the CBD: In preparation of the UN-Biodiversity Conference (20.10.-1.11.2024 in Cali, Colombia), several informal meetings on DSI took place:
  • Informal Retreat on DSI, 18-20 September 2024, Pretoria, Organisation: ABS Capacity Development Initiative. You can find the report here.
  • LSE Roundtable on Global Biodiversity Finance and Digital Sequence Information, September 2024, Organisation: Ocean Biodiversity Collective and One World Analytics. You can find slides and results here.
  • The new statement of the DSI Scientific Network is available here, and the recording of a CGIAR-Webinar on DSI  “New benefit sharing rules for Digital Sequence Information under the CBD and Plant Treaty” here.
  • The progress of negotiations oft he UN Biodiverity Conference can be watched here (https://www.cbd.int/conferences/2024) and via the ENB Newsletter (https://enb.iisd.org/un-biodiversity-conference-cbd-cop16).
• WHO – Pandemic Agreement: The Intergovernmental Negotiating Body (INB) has continued its work in September 2024 and will meet again from 4-15 November 2024. The aim is to agree on the Pamndemic Agreement until Mai 2025. More information on progress so far maybe found here.
• BBNJ-Agreement: A new factsheet heis available, which give a short overview about the benefit sharing mechanism for marine genetic resources, if accessed beyond national jurisdiction. You can find this factsheet here.
• FAO CGRFA: With regard to the ABS questionnaire of the FAO Commission on Genetic Resources for Food and Agriculture, we would like to thank you for your feedback on user experiences with the Nagoya Protocol. The Commission reports a high number of responses to the questionnaire. The results will be incorporated into a new study, the draft of which will be presented to the CGRFA ABS Expert Team for review at its seventh meeting in January 2025.

International Developments regarding ABS and DSI/GSD: 

• CBD –DSI- Multiilateral Benefit Sharing Mechanismus (DSI-MLM):
  • There are new statements and Studies on DSI available, like for example the paper: “Harmonize rules for digital sequence information benefit-sharing across UN frameworks”. More to be found at the ABS Clearing House: Search | Access and Benefit-Sharing Clearing-House (cbd.int)
  • The 2nd meeting of the open enden Working group on Digital SequenceInformation (OEWG-DSI 2) took place from 12-16 August 2024 in Montreal. Its Mandate was to further elaborate on the modalities of the multilateral mechanismus (MLM) for Benefit Sharing from the use of DSI and send develop recommendations to the Conference of the Parties to the CBD for its 16^th meeting (COP 16). An intensive exchange in the working group contributed to mutual understanding, but the group was unable to agree on specific compromise texts. On the contrary, new proposals were put forward and old positions were reintroduced that could undermine the consensus reached at COP 15 in Montreal. A text of recommendations with many bracketed sections (= without consensus) will therefore be presented to COP 16. Controversial points include, among others, a new demand from Africa to locate the DSI databases at the CBD Clearinghouse in order to enable better control by the contracting states, or the proposal that payments should only apply to DSI users in OECD countries. It is still unclear how the MLM should interact with national ABS measures for DSI and how the mechanism fits with other international ABS agreements. There was also no agreement yet on the question of where the fund should be located and how the money received in the fund should be distributed. What is clear, however, is that, since COP decisions are not legally binding, it ultimately depends on implementation within Contracting Parties, which have to facilitate the implementation of the mechanism.
  • For more information, please visit the ENB-Newsletter and the CBD-Website.
• The working group to enhance the multilateral ABS system of the International Treaty on Plant Genetic Resources for Food and Agriculture will meet in September, 16 – 19, 2024.  The co-chairs' suggestions for this process are already available. Further information at https://www.fao.org/plant-treaty/meetings/meetings-detail/en/c/1674748/.  

Questionnaire on experiences with the Nagoya Protocol for users of genetic resources for food and agriculture

• The Nagoya Protocol stipulates that countries wishing to make access to genetic resources dependent on Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) recognize and give due consideration to the importance of genetic resources relevant to food security. A questionnaire from the Commission for Genetic Resources (CGRFA) at the Food and Agriculture Organization (FAO) aims to determine whether this is actually the case. If you are interested, we would be happy if you/your institution would take part. To answer, you will need to create an account on the Jotform platform. The questionnaire can be accessed via the following link: https://form.jotform.com/241691968899382

International Developments regarding ABS and DSI/GSD:   

• CBD –DSI- Multiilateral Benefit Sharing Mechanismus (DSI-MLM): The 2^nd meeting of the working group on DSI (OEWG-DSI 2) will take place from August 12th to 16th, 2024 in Montreal. The co-chairs have already put together possible elements of a decision as a basis for negotiations, which the contracting states could then adopt in Colombia in October. The documents can be found at https://www.cbd.int/meetings/WGDSI-02.
• Under the International Treaty on Plant Genetic Resources for Food and Agriculture considerations on the enhancement of the multilateral ABS system will continue in September.  The co-chairs' first ideas for this process have been published on the Treatys website and regional meetings of the Co-Chairs are being conducted. See https://www.fao.org/plant-treaty/meetings/meetings-detail/en/c/1674748/.   

Internationale Developments: 

• WIPO-Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: The Treaty, adopted in May, have created a new international standard for disclosure requirements in patent applications for inventions based on genetic resources and/or traditional knowledge. Disclosure requirements already existed in many national laws, but it is expected that their number will worldwide and the respective requirements will be harmonized. What is also new is that it should be possible to introduce sanctions if patent applicants fail to disclose. The contract only provides for revocation of the patent in cases in which false information was intentionally provided. Overall, the disclosure requirements and the information systems provided for in the Treaty are likely to support ABS compliance and avoid patents that are neither new nor inventive. You can find the text of the contract here.
• WHO – Pandemic Agreement: The 77th World Health Assembly (27^th May – 1^st June, 2024 in Geneva) agreed to continue negotiations on a Pandemic Agreement. It extended the mandate of the Intergovernmental Negotiating Body (INB) for one year in order to finalise its work until May 2025. For more information click here.
• CBD –DSI Benefit Sharing Mechanism: The 2^nd Session of the Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources  (OEWG-DSI 2) will meet in August. Ongoing intersessional work:
  • The Informal Advisory Group (IAG) on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources has met 7 times virtually.  The IAG was created with a view to contribute to increasing the understanding of and move forward on some of the elements on which there is a need for further discussion, as contained in the annex to the report of the first meeting of the Working Group. You can find discussion materials of the group here. As an example, potential “trigger points” for payments have been consideres, namlely: (a) access to DSI, (b) use of DSI, (c) generation of revenue from the use of DSI, (d ) Commercialization of products resulting from the use of DSI or (e) decoupled from the use of DSI. In (a) open access to DSI would be at risk; in (b) one would have to expect a high level of effort for tracking and tracing. But also in (c), (d) and (e) it would be necessary to clarify how to ensure legal certainty and maintain a level playing field. The negotiations therefore remain very complex. As can be heard from participants of the IAG, views on the individual questions are still divergent.
  • The perspective of DSI users was discussed at an informal meeting organized by the Federal Agency for Nature Conservation together with the EU-Presidency in March 2024. A summary of the discussions can be found here.
  • The Scientific Body (SBSTTA 26) as well as the Subsidiary Body on Implementation (SBI 4) have met in May 2024 in Nairobi (Kenia). You can find a Summary here.
    Relevant to the topic of access and benefit sharing were, among other things
    • Monitoring Framework for the Global Biodiversity Framework. As expected, because negotiations on DSI have not yet been completed, SBSTTA did not agree on indicators for measuring benefit sharing. It was therefore decided, among other things, that the DSI Working Group, at ist meeting in August,  should also address the ABS indicators.
    • Resource mobilisation and financial mechanism for the implementation of the Global Biodiversity Framework. At issue is how to bring together $200 billion annually from all sources to achieve the ambitious GBF. In addition to the fact that a great deal of effort is still needed to reach this amount, it is currently still controversial as to where the fund should be located in the long term and how the distribution of funds to developing states, but also directly to indigenous peoples and local communities, can be achieved. The envisaged DSI Benefit Sharing Mechanism shall also contribute the resource mobilisation and one of the unresolved questions is, if a separate fund will be necessary to address the special needs for collecting and disbursing the monetary benefits from the use of DSI.

International Developments regarding ABS and DSI/GSD: 

• WIPO – Historic New Treaty: On May, 24, 2024, the Diplomatic Conference of the World Intellectual Property Organisation adopted a Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Once it enters into force with 15 parties, international law will establish a new disclosure requirement for patent applicants whose inventions are based on genetic resources and/or associated traditional knowledge. For more information read the  WIPO Press Release  entnehmen. Here you can find the text of the New Treaty.

• WHO – Pandemic Agreement failed for the time being: Despite good progress, the Intergovernmental Negotiating Body at the World Health Organization (WHO) was not able to agree on a treaty text ready for adoption by the World Health Assembly at the end of May. In addition to the general approach to future pandemic cases, the Acces and benefit Sharing aspect of the debate was on how to ensure rapid exchange of newly emerging, potentially pandemic pathogens and at the same time global fairness in the distribution of newly developed medicines. However, opinions on this question are still divergent. The World Health Assembly at its 77th session, which starts on May 27^th, will consider how to proceed with the process. For more information see WHA 77.
• CBD – Preparations of the UN-Biodiversity Conference in October 2024
  • The Scientific Body (SBSTTA 26) as well as the implementation Body (SBI 4)  oft he Convention on Biodiversity ans its protocols  are currently meeting at Nairobi, KIenia, in order to prepare for the UN-Biodiversity Conference. To keep track of the status, you can get up-to-date information in the Earth Negotiations Bulletin (ENB). We will inform about relevant information on ABS in our June-Newsletter. 
  • How to measure progress in improving benefit sharing from the use of genetic resources and digital sequencing information (DSI) worldwide? The Secretariat of the Convention on Biological Diversity commissioned a study on this question, the results of which were presented at a webinar at the end of April. The contents of the webinar are available here. The study entitled "Access and Benefit-Sharing Indicators for the Kunming-Montreal Global Biodiversity Framework" was available to SBSTTA as an information document (CBD/SBSTTA/26/INF/12).
• Nagoya Protocol: Withthe ratification ofEquatorial Guinea the Nagoya Protocol has a total of 141 Contracting Parties.

Implementation of the Nagoya Protocol within EU/Germany:

The presentations from the online workshop on the topic “Nagoya for beginners” are now available here. The ABS crash course was conducetd by the German Nagoya Protocol HuB (GNP-HuB) together with the Project MICROBE (Microbiome Biobanking Enabler) and European Virus Archive Global (EVAg).

Introductory webinars on the topics of ABS, Nagoya Protocol and DSI:

The German Nagoya Protocol HUB offers 2 webinars together with the Global Genome Biodiversity Network (GGBN), the Earth Biogenome Project (EBP) and the European Reference Genome Atlas (ERGA). You can register and find further information here.

• Introduction to ABS (Scarlett Sett) on April 8, 202 (9-12:00 CET)
• Introduction to DSI (Amber Scholz) on April 24 (17-19:00 CET)

International negotiations on ABS and DSI/GSD: 

• The negotiations on the pandemic treaty at the WHO are entering the decisive phase. The intergovernmental negotiating body of the World Health Organization (WHO) has been intensively negotiating the March draft of the pandemic treaty. The committee is scheduled to meet again from April 29 to May 10 inorder to finalize the treaty text to present it to the World Health Assembly for adoption at the end of May. Here you can find more information.
• The working group to enhance the functioning of the multilateral ABS system of the International Treaty on Plant Genetic Resources will meet in Rome from April 15-19, 2024. This is the first of four meetings that will take place before the next governing body meeting at the end of 2025. Its task is to develop a new package of measures to improve the system. One of the hotspot issues is whether to wait for the results of the DSI negotiations under the CBD or to seek a solution of its own. Furthermore, the extension of Annex I as well as the structure and payment modalities regarding access and benefit-sharing will be discussed. The IBV will participate in the meeting. See also background information in the Earth Negotiations Bulletin.
• Within the framework of the CBD, preparations for the multilateral benefit-sharing system for DSI are continuing. In March, the Informal Working Group (IWG) dealt with the questions of what non-monetary benefit sharing could look like and how the distribution of the money to be collected in the fund could be organized. The meeting in April will deal with the modalities of managing the fund. Background information can be found here. An informal workshop on DSI with affected user groups (basic research and commercial research/industry) was held by the Federal Agency for Nature Conservation together with the Belgian EU Council Presidency from March 18-21 on the island of Vilm. A report on the discussions will be published soon.

Implementation of the Nagoya Protocol:

• To mark the 10th anniversary of the Nagoya Protocol BfN is dedicating a special issue in the journal "Natur und Landschaft": the issue examines the topic from various perspectives and questions whether the expectations associated with the agreement have been met. You can find more information here. 
• "The Nagoya Protocol in Brazil: how to foster Brazilian-German collaboration in life sciences": This was the title of a webinar held by the Brazilian Embassy in Berlin on March 1, 2024, together with Apoena, a network of Brazilian scientists in Germany and the German Nagoya Protocol HuB. The recording of the webinar is now available at https://www.youtube.com/watch?v=pu3HGE_HPos.
• Introductory course for users: On May 8, 2024, the German Nagoya Protocol Hub will once again host an online seminar on all important information about the Nagoya Protocol and the due diligence obligations of users in accordance with Regulation (EU) No. 511/2014.

International negotiations on ABS and DSI: 

• At its 26th meeting in Nairobi, Kenya (May 13-18, 2024), the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA) of the Convention on Biological Diversity (CBD) will address the monitoring framework for the implementation of the Kunming-Montreal Global Biodiversity Framework. This will include the question of how to measure developments in monetary and non-monetary benefit sharing from the use of genetic resources (and digital sequence information) in the future.
• The preparations for the 2nd meeting of the CBD Working Group to negotiate a Multilateral Benefit-Sharing Mechanism for DSI (OEWG - DSI), which will take place in August, are in progress: The potential modalities of the mechanism will be discussed in several informal events with different groups of participants under the so-called Chatham House Rule. We will report on the results as soon as they are published.

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.

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.   

International debates on ABS und DSI: 

• How can seeds contribute to innovative solutions for the sustainable transformation of global food systems and the protection of biodiversity? This question will be addressed by the Governing Body of the International Treaty on Plant Genetic Resources (Plant Treaty) from November 20-24 in Rome. ABS and DSI are also on the agenda. We will report on this in the next newsletter.
• On November 14, the CBD working group to negotiate a benefit-sharing mechanism for the use of digital sequence information on genetic resources (DSI) will begin its work. The meeting will take place from November 14-18 in Geneva. We will provide more information in our next newsletter.
• In preparation for this meeting, an informal meeting was held in Oslo (Norway) on October 2-4, 2023 to discuss how the global fund that has been set up for benefit-sharing from the use of DSI should be structured. Here you can find the report.
• Furthermore, the ABS Capacity Development Initiative organized an informal meeting on DSI on behalf of the Norwegian government, hosted by the Dutch government, from 25-27 October 2023 in The Hague. Selected government representatives from all UN regions, representatives from academia, the private sector and indigenous peoples/local groups were invited. A report of this meeting is also available here.
• Recent publications on DSI:
  • New benefit-sharing principles for digital sequence information
  • Technical assistance to strengthen national agricultural research organizations’ capacity to use digital sequence information: a submission from CGIAR
  • Policy briefs: harmonisation of DSI ABS systems and the use of geographical origin information
  • Business considerations for a multilateral mechanism for benefit sharing from Digital Sequence Information

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.

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.