A new opinion piece, published on 18 June by Natural Justice and the Berne Declaration, sharply criticises the European Commission’s draft EC Regulation 2012/0278 (COD) to implement the Nagoya Protocol on Access and Benefit-Sharing in the European Union (EU). By excluding a significant category of genetic resources (GRs) from the scope of the regulation, the Draft fails to implement the main objective of the Convention on Biological Diversity and the Nagoya Protocol: the fair and equitable sharing of benefits arising from the utilisation of GRs and associated traditional knowledge (TK). In addition it will lead to greater legal uncertainty for users, allow for unfair competitive practices and, in the long run, lead provider countries to implement more burdensome access procedures to GRs.
The ENVI Committee of the European Parliament will vote on the Draft Regulation on the 4th of July, with a final draft expected to be tabled in the European Parliament in October 2013. In the Draft Regulation, user obligations would only apply to GRs and associated TK that have been physically accessed in the country of origin after the entry into force of the Nagoya Protocol. This implementation would be in sharp contrast to the large majority of existing ABS laws in provider countries where the utilisation of GRs and associated TK also triggers the obligation to share benefits, based on prior informed consent and mutually agreed terms. The European Commission’s narrow and biased interpretation of the Nagoya Protocol and subsequent national implementation is likely to have a number of very serious consequences:
