A concern for researchers
ACCESS AND BENEFIT-SHARING (ABS)
promotiong fairness and equity
The Access and Benefit-Sharing (ABS) mechanism
aims at organizing the relationships between a
user and a provider of genetic resources (GR)
and associated traditional knowledge (TK). ABS
answers the 3rd objective of the Convention on
Biological Diversity (CBD). The Nagoya Protocol
lays the foundation for this mechanism. More
than a legal framework, the ABS mechanism
should be a tool to foster the conservation and
sustainable use of biodiversity, knowledge,
research, innovation, economic development
as well as preservation of associated traditional
knowledge.
Within this framework, States hold sovereign rights
over their natural resources. They are responsible
for setting up the modalities of access to these
resources and knowledge over their territories,
as well as for benefit-sharing arising from their
utilization.
Who is concerned with ABS?
Researchers studying genetic resources from
tropical forest, researchers of new species for
cosmetics use, R&D scientists, explorers sampling worldwide oceans, genetic resources collections managers, plant breeders, indigenous
and local communities holding a traditional
knowledge associated with a genetic resource,...
all are concerned with the ABS mechanism.
How does it work
when there is ABS
regulation?
FAIR AND
EQUITABLE SHARING
FOSTER
ACCESS TO BOTH
GENETIC RESOURCES
AND ASSOCIATED
TRADITIONAL
KNOWLEDGE
To use a genetic resource
or an associated traditional
knowledge for research and
development purposes,
one must request an access
permit (“Prior Informed
Consent” requirement)
from the resource provider,
e.g. a national authority or an
indigenous and local community.
To obtain this authorization, the user
must negotiate the sharing of the benefits
derived from its research and development activity
(“Mutually Agreed Terms” requirement). The benefits,
monetary or non-monetary, should contribute to the
conservation and sustainable use of biodiversity.
PROVIDER OF GENETIC
RESOURCES OR
TRADITIONAL
KNOWLEDGE
Informed Prior Consent
GENETIC RESOURCES
OR TRADITIONAL
KNOWLEDGE
Definitions:
USER OF GENETIC
RESOURCES OR
Genetic resource: Genetic material of plant, animal,
microbial or other origin, containing functional units
of heredity, of actual or potential value (art. 2 CBD)
TRADITIONAL
KNOWLEDGE
Derivative: “A naturally occurring biochemical
compound resulting from the genetic expression or
metabolism of biological or genetic resources, even
if it does not contain functional units of heredity”
(art. 2 NP)
Mutually Agreed Terms
ABS national
authorization
Monetary and non-monetary benefit-sharing,
contributing to conservation and sustainable
use of biodiversity
(i.e. collaboration, cooperation in scientific
research and development programmes,
sharing of results, transfer under fair and most
favourable terms, etc.)
Utilization of genetic resources: “To conduct
research and development on the genetic
and/or biochemical composition of genetic
resources, including through the application of
biotechnology (…)” (art. 2 NP)
The Nagoya Protocol applies to “traditional
knowledge associated with genetic resources”
without giving a definition (see national legislations).
The CBD refers to “knowledge, innovations and
practices of indigenous and local communities
embodying traditional lifestyles relevant for the
conservation and sustainable use of biological
diversity (…)” (art. 8j)
GENETIC
RESOURCES OR
TRADITIONAL
KNOWLEDGE
IN R&D
ABS in France
Animal genetic resources result from the work
of generations of farmers. A-priori, they are
included within the scope of the Nagoya Protocol.
However, farmers promote their specificities
and wish to regroup the benefit-sharing.
Farmers advocate a multi-lateral system
(i.e. FAO) for these genetic resources.
These issues are being discussed
within FAO since 2011.
FROM THE UTILIZATION OF
Because ABS entails national implementation, it is
necessary to identify all national legal instruments
in order to know which procedure to follow.
Conservation and
sustainable use of
biodiversity
BETWEEN TWO SYSTEMS :
ANIMAL GENETIC RESOURCES
OF THE BENEFITS ARISING
ABS in the European Union
France, endowed with an exceptional natural and
cultural heritage, is both a user and a provider country.
The upcoming law on biodiversity, expected in 2015,
foresees an ABS procedure in France.
The ABS provisions apply to all activities of research
and development based on GR and TK, led by French
or foreign users. The draft law foresees a general
regime and some specificities, as for the cultivated
and domesticated GR for instance.
Overseas territories, which host 85% of French
biodiversity, provide a large number of research and
development activities. ABS frameworks already exist:
in New Caledonia (South Province), Guyana Amazonian
Park and French Polynesia (FRB/MEDDE, 2011).
The European regulation (no511/2014) rules the
utilization of GR and TK in the Union. The regulation
foresees a “due diligence” obligation for users and
tools to support them in the implementation of the ABS
regulation: a register of collections and the recognition
of best practices. In addition, check points and penalties
will be drawn up by Member States.
This framework completes the legislations of Member
States. It is up to each of them to determine its own
rules. Some of them have already decided to allow
free access to their resources.
For years, the stakeholders have integrated ABS principle
in their practices, with codes of conduct, guidelines
or model clauses in material transfer agreements
(MTA). The FAO standard material transfer agreement
(SMTA) regulates the exchanges of 64 species
(ITPGRA, Annex I), when they are used for agriculture
and food purposes.
STEPS FOR ABS IN FRANCE
1992
Convention on Biological
Diversity (CBD)
Sovereign rights of States
over their natural resources
2001
International Treaty on Plant Genetic
Resources for Food and Agriculture
(ITPGRA), FAO. Multilateral
mechanism for 64 plant species
FRB's founding members
2002
Bonn
Guidelines
2010
Nagoya ABS
Protocol / CBD
strategic plan
(target 16 Aïchi)
2011
French biodiversity strategy 20112020 (objective 13: equitable sharing of
benefits). / FRB and Ministry of Ecology
"ABS and overseas" study. / Signature
by France of Nagoya Protocol
2014
EU regulation (no 511/2014)
on ABS and ratification of the
Nagoya Protocol by EU. / Entry
into force of Nagoya Protocol
2015
Expected adoption of
the French draft bill, title
IV applies ABS to France
© FRB 2014 . Photos : © INRA/ Bertrand Nicolas, © FRB/ C-A. Gauthier
What is ABS?
ENSURE