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ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE.

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Presentation on theme: "ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE."— Presentation transcript:

1 ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING UNDER THE CONVENTION ON BIOLOGICAL DIVERSITY by Valérie Normand Secretariat of the Convention on Biological Diversity First ABS Capacity-building Workshop for Africa Cape Town, South Africa, November 2006

2 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Outline 1.ABS provisions of the Convention 2.Major ABS developments COP VI - Bonn Guidelines WSSD COP VII - International Regime COP VIII 3.Outlook

3 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Provisions of the CBD Objectives: Conservation of biological diversity Sustainable use of its components Fair and equitable sharing of the benefits arising out of the utilization of genetic resources

4 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Provisions of the CBD Article 15 of the CBD Sovereign rights of States over natural resources Parties to facilitate access to genetic resources Access subject to prior informed consent and granted on mutually agreed terms Parties to take measures to share benefits from the utilization of genetic resources, on MAT

5 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Provisions of the CBD Articles 16 (3) Priority access to technologies for Parties providing genetic resources Article 19 (1) (2) Effective participation in biotechnological research activities for Parties providing genetic resources Access to the results and benefits arising from biotechnologies based upon genetic resources provided by these Parties

6 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Overview of developments COP IV established an expert group on ABS (1998) COP-V established Open-ended Working Group on ABS (2000) COP-VI Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization (2002) COP-VII negotiation of an international regime on ABS (2004)

7 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Bonn Guidelines Voluntary guidelines to assist Governments and stakeholders: Establishing legislative, administrative or policy measures on access and benefit-sharing Negotiating contractual arrangements for access and benefit-sharing

8 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Bonn Guidelines I. General Provisions II.Roles and responsibilities in ABS III.Participation of stakeholders IV.Steps in the ABS process V.Other provisions

9 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Bonn Guidelines Steps in the ABS process Overall strategy Prior Informed Consent Basic principles of PIC Elements of PIC Mutually Agreed Terms Basic requirements for MAT Indicative list of MAT Benefit-sharing

10 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Bonn Guidelines Roles and Responsibilities National Focal Point to be designated by each Party Competent National Authority responsible for granting access Users and Providers Contracting Parties providing the genetic resource Providers Users Contracting Parties with users of genetic resources under their jurisdiction

11 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Bonn Guidelines Participation of stakeholders Determined on a case by case basis To be consulted and views taken into consideration: When determining access, in MAT, in sharing of benefits In development of national strategy, policies or regimes on ABS National consultative arrangements Involvement promoted by: Providing information Providing support for capacity-building

12 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Bonn Guidelines Other provisions Incentives Accountability National monitoring and reporting Means for verification Settlement of disputes Remedies

13 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Development at WSSD WSSD Plan of Implementation : Par. 44(o) calls for action to negotiate within the framework of the Convention on Biological Diversity, bearing in mind the Bonn Guidelines, an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources.

14 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 COP 7 – February 2004 International Regime (decision VII/19D) Mandate: Working Group on ABS with collaboration of Working Group on 8(j) to negotiate an international regime on access and benefit-sharing with the aim of adopting an instrument/instruments to implement the provisions in Articles 15 and 8(j) and the three objectives of the Convention (par. 1 of decision VII/19D)

15 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 COP 7 – February 2004 Terms of Reference of WG-ABS (decision VII/19D, Annex) Process Based on a gap analysis Nature one or more instruments legally-binding or non-binding Scope Access to genetic resources and sharing of benefits Traditional Knowledge in accordance with Article 8(j) Elements Consider list of possible elements for inclusion in the regime listed in decision VII/19D, Annex, including existing instruments and processes

16 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 COP 7 – February 2004 Terms of Reference of WG-ABS (decision VII/19D, Annex) Main issues covered by elements in annex to decision VII/19D - Measures to ensure benefit-sharing (i),(ii), (iii), (v), (vi),(xiii),(xiv), - Measure to facilitate access (iv) - Measures to ensure compliance with PIC and MAT (ix), (x), (xi) - Protection of traditional knowledge (xv), (xvi), (xviii) - Compliance mechanisms (xx), (xxi) - Measures to facilitate implementation of the regime (viii), (xix), (xxii) - Others (vii), (xii), (xxiii)

17 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 COP 7 – February 2004 Action Plan on Capacity-building Adopted by COP 7 (decision VII/19F, Annex) to facilitate and support the development of capacities for the effective implementation of the provisions of the Convention related to ABS

18 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 COP 7 follow-up Two meetings of the WG on ABS Third meeting of WG-ABS Bangkok, Thailand, Feb Fourth meeting of WG-ABS Granada, Spain, 30 Jan – 3 Feb. 2006

19 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 COP 8 developments Decision VIII/4 A Mandate of the Working Group on ABS renewed Two meetings prior to COP 9 WG-ABS to complete its work before COP 10 Designation of co-chairs Establishment of Group of Technical Experts on an internationally recognised certificate of origin/source/legal provenance

20 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Preparations for GTE Notifications for nomination of experts and observers and for submissions of views and information Selection of experts and observers based on nominations received Documentation for the meeting: Agenda Annotated agenda Note by Executive Secretary Compilation of submissions

21 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 GTE Terms of reference Decision VIII/4C Consider the possible rationale, objectives and the need for an internationally recognised certificate of origin/source/legal provenance Define the potential characteristics and features of such an internationally recognised certificate Analyse the distinction between the options of certificate of origin/source/legal provenance and implications for achieving the objectives of Article 15 and 8(j) Identify associated implementation challenges

22 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Outlook Group of Technical Experts, Lima, Peru, January 2007 Working Group on ABS - 5 th meeting: September th meeting: January 2008 COP 9 Bonn, Germany, May 2008

23 First ABS Capacity-building Workshop for Africa, Cape Town, South Africa, 19 to 24 November 2006 Thank you for your attention!


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