Explanatory Memorandum to COM(2012)577 - Conclusion of the Nagoya Protocol on Access to Genetic Resources and the Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity

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dossier COM(2012)577 - Conclusion of the Nagoya Protocol on Access to Genetic Resources and the Sharing of Benefits Arising from their Utilization ...
source COM(2012)577 EN
date 05-10-2012
The Convention on Biological Diversity (the Convention) is the main international framework for measures to conserve biological diversity, to sustainably use its components and for the fair and equitable sharing of benefits arising from the utilisation of genetic resources. With currently 193 Parties, the Convention has almost universal membership. The European Union and all of its 27 Member States are Parties to the Convention.

Article 15 of the Convention establishes a general framework for access to genetic resources and benefit-sharing: it recognises the authority of states to determine access to genetic resources as part of their sovereign rights over natural resources. Parties are obliged to take steps to facilitate access to their genetic resources. At the same time all Parties are obliged to take legislative, administrative or policy measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilisation of genetic resources with the Party providing these resources.

Heads of state and government attending the World Summit on Sustainable Development in August 2002 agreed to launch negotiations on an 'international regime' on access and benefit-sharing in the framework of the Convention. On 29 October 2010, the tenth conference of the parties to the Convention adopted the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the Protocol).

The decision of the conference of the parties also calls upon the Parties to the Convention to sign the Protocol at the earliest opportunity and to deposit instruments of ratification, acceptance or approval or instruments of accession, as appropriate, with a view to ensuring the entry into force of the Protocol as soon as possible. The Protocol requires fifty ratifications to enter into force.

The Protocol was open for signature at the United Nations headquarters in New York from 2 February 2011 to 1 February 2012. The EU and most of its Member States have signed the Nagoya Protocol.[1]

The European Parliament, the Council of the European Union and the Commission have expressed their commitment to a swift implementation and ratification of the Nagoya Protocol in the Union.[2]

The Commission has proposed a Regulation of the European Parliament and of the Council i establishing a system of measures for implementing the Nagoya Protocol in the Union.

In view of the above, it is appropriate for the European Union to conclude the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity.