Does the Nagoya Protocol make work for laboratories and production areas?

Dr. Petra Kauch

Answer: definitely yes!

The Nagoya Protocol and its EU implementing regulations, including the German Implementing Regulation, have so far received little attention in research laboratories and production areas. This is entirely unjustified:

For users of genetic resources, both terms being very broad, in addition to a general duty of care with regard to access to genetic resources and the benefits arising from their use (Article 4 (1) of Regulation (EU) No 511/2014), Obligation to obtain, store and share information (Article 4 (3) of Regulation (EU) No. 511/2014). Only a portion of users, namely those who have access to the Register of European Union Collections, are exempt from independently obtaining information, a certificate of conformity, and agreeing on the conditions of use. All others who do not work with the Register of European Union Collections must obtain the relevant information, pass it on to subsequent users, and retain it for 20 years. If information cannot be obtained, a Access authorization in the country of origin or an equivalent document and a mutual agreement of the specified conditions with the country of origin of the genetic resources (Article 4 of Regulation (EU) No. 511/2014). If the latter cannot be achieved, the to discontinue use (Article 4 (5) of Regulation (EU) No. 511/2014). To monitor compliance with these obligations, authorities are required to adhere to strict control plans, but this may not yet be implemented in practice. For non-compliance with the obligations arising from the Nagoya Protocol and the EU regulations, the national implementing regulation provides for fines.

In its workshop, the AGCT will attempt to shed light on the maze of obligations under the Nagoya Protocol. Registration is also open.

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