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  • GNP HuB
    • About
    • Network
    • Library
    • Podcasts
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  • ABS
    • Understanding the ABS world – infographic
    • Build your ABS Strategy – checklist
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    • Tools & Resources for ABS
    • ABS Stories
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    • Video: ABS compliance supports your science
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    • What are my obligations?
    • Tools & Resources for Compliance
    • User checks
    • Implications of non-compliance
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    • Guidelines for institutions
    • Who can I contact at my institution?
    • Registered collections
    • Compliance Stories
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2nd GNP HuB Meeting

2nd Meeting of the GNP HuB Network (2. GNP HuB Stammtisch)

Good document and sample management can support Nagoya Protocol compliance

On 3 December 2020, the German Nagoya Protocol HuB (GNP HuB) Network held its 2nd regular meeting or “Stammtisch”, bringing together around 40 participants from various academic institutions across Germany. Our focus was how document and sample management can support Nagoya Protocol compliance as well as the challenges faced by German institutions with implementing effective systems for this purpose.

 

What is GNP HuB up to?

We started with a short update on the GNP HuB project. It’s been a busy few months with work on the website coming along, answering questions from the network, developing communication materials, etc.

The participants got an exclusive sneak peak at the website and the new GNP HuB posters were unveiled.

Stay tuned for the GNP HuB poster challenge early 2021! If you want some posters for your institution, contact us.

 

 

It’s not just about discussing problems – there are possible solutions!

The discussion on document and sample management kicked off with three short impulse presentations.

Participants were given a short tour through the CETAF Code of Conduct and shown how this document can be used by both institutions and individuals to support ABS management.

Insight was also given into how one global consortium is currently curating its catalogues to ensure that all of the material held in their collections is Nagoya Protocol compliant.

Participants heard about how one institution has modified its internal database so that samples and the associated ABS documentation are linked.

Finally, the results of a small survey about institutional challenges conducted by the GNP HuB and the implications for document and sample management were presented.

 

Even in Corona times, networking and exchange is possible

Small online breakout rooms gave the participants the chance to get together in small groups and exchange more intensively. This gave them the opportunity to exchange on the challenges faced – many of which they have in common.

Each group had a different focus: how institutions can get an overview on what Nagoya Protocol research is taking place at their institution; how to build processes that support Nagoya Protocol compliance into existing systems; and what practitioners are missing in their every day work to guide them through compliant sample management.

 

What did the participants say about the GNP HuB meeting?

Everyone felt like they learned something, even though time was short. Two hours is not enough time for such a complicated topic! Don’t worry – we’ll come back to it.

The network participants are always reassured to hear that they are not alone. Everyone is in the same boat and there is a need for ongoing informal exchange – there are opportunities to explore solutions to the challenges together.

 

After the Stammtisch is before the Stammtisch

Thank you to everyone who attended our 2nd Stammtisch. The report from the 2nd Stammtisch will be out soon – you will find it in our library.

The next Stammtisch is planned for March 2021 and we look forward to seeing old and new faces there!

Upcoming topics for our future meetings: ABS in practice; digital sequence information on genetic resources (DSI)

 

Contact: info@nagoyaprotocol-hub.de, Contact Form

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The Alliance ABS advisory platform for academic research is funded by members of the Alliance of Science Organisations. The project sponsoring members of the Alliance are the German Research Foundation (DFG), the German Rectors’ Conference (HRK), the Helmholtz Association of German Research Centres (HGF), the Leibniz Association, the German National Academy of Sciences Leopoldina and the Max Planck Society.

 

 

 

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  • Some countries also have ABS laws even though they are NOT Party to the Nagoya Protocol. You still must comply with these laws!
  • Some countries in the EU also have specific national ABS laws.
  • If your research will involve traditional knowledge, you must take into account the national ABS rules in this regard.

In cases of non-compliance the National Authority (BfN) can:

  • confiscate the material.
  • prohibit further use and transfer of the material for research.
  • prohibit the publication or sharing of any results of utilization.
  • issue a fine of up to 50,000 EUR.

Check out more about the implications of non-compliance.

How do I check?

  • Start with the country profile in the ABS Clearing House (ABSCH).
  • Check out the legislative, administrative or policy measures section. If no measures can be found here, the interim reports might also contain relevant information. Tip! filter by country.
  • Be careful though. This information is not always complete or up to date. Some countries have ABS laws but they are not listed in the ABSCH.

To play safe and ensure legal clarity, always contact the ABS national focal point and/or the competent national authority. Tip! filter by country.

No answer?

  • Try contacting the national focal point of the Convention on Biological Diversity (CBD).
  • Ask collaboration partners in the country for help – easier for them to contact the authorities in their own country and language!
  • Ask colleagues who have worked in that country before.
  • Use the internet to find resources.
  • Contact the German Federal Agency for Nature Conservation (BfN). They have information about ABS and may be able to assist.

For research done in Germany, the German Federal Agency for Nature Conservation recommends using the DECLARE portal.

An account is required. Check with your institution as it may already have one.

This video and the user guide are very useful to start!

Starting your project before ABS permits have been granted is a violation of the EU Regulation and can get you in trouble if your institute is being checked by the German National Authority (BfN)!

In this regard, you have obligations under the EU ABS Regulation if:

  • You collected the material…
  • The collaborator who gave you the material collected it…
  • The material obtained from a collection was originally collected…
  • The shop or company where you bought the material collected it…

on or after 12 October 2014

This date is key because it is when the Nagoya Protocol entered into force.

When you obtain material from a collaborator, collection or trader, it is important to verify if there are benefit-sharing obligations linked to it.

For example: research on specific genetic or biochemical properties, gene function, gene expression, genetic modification, genome editing, breeding based on traits and their associated genes, among others.

The EU Regulation does not apply when research does not involve the study of the genetic or biochemical composition, e.g. storing biological materials in a collection, mere culturing of organisms, taxonomic identification, morphological or anatomical characterization, among others.

See the guidance document for more information and examples on “utilisation”.

Also check our FAQs section on it.

ABS obligations may or may not apply depending on the type of research. There could be exemptions for non-commercial or basic research.

Keep in mind that exemptions for local researchers may not apply if they conduct their research abroad (e.g. guest researchers bring material from their home country to study it in Germany).

Within the European Union, obligations stem from Regulation (EU) No 511/2014.

The EU Guidance Document contains information on scope, obligations and understanding whether your material/research is covered, including many practical examples. It is available in all EU languages and is a must-have resource.

Not all countries that are Party to the Nagoya Protocol regulate access, e.g. Germany. In such cases, you are free to use the genetic resources obtained from these countries without getting ABS permits.

You are obliged by the EU and German law to support user checks by the German Federal Agency for Nature Conservation.

Failure to support a user check is an administrative offence.

When you transfer the material to another person or institution:

  • Search if there are ABS documents relating to the material you have.
  • Check if the transfer to third parties is permitted.
  • Transfer also the information, e.g. a copy of the ABS permit or the number of the internationally recognized certificate of compliance (IRCC) published on the ABS Clearing House.

Having a good documentation system will save you headaches in the future.

Read the documents and understand your obligations as well as any conditions and restrictions on use of the material.

Keep in mind your commitments on benefit-sharing!

The due diligence declaration informs the competent authority in Germany that your research and material is Nagoya Protocol relevant and that you have complied with your ABS obligations.

Check out more about it!

“Derivative” means 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.

Some examples are: RNA, proteins (including enzymes), lipids, organic compounds (e.g. essential oils or resins) and other products of metabolism.

Also check our FAQs section on it.

In this regard, you have obligations in the EU if the country where the material comes from was a Party to the Nagoya Protocol and had ABS regulations at the time of access.

Why is ABS important?

Access and Benefit Sharing (ABS) measures ensure that research results support provider countries to:

  • Make informed decisions on conservation, sustainable use and management of their biodiversity.
  • Implement innovative solutions for productive activities, contributing to sustainable development.
  • Build capacities for national research.
  • Other benefits as agreed.

Even if ABS does not apply to your research project, you must be able to provide the German Federal Agency for Nature Conservation with the documentation that supports your conclusion. This will speed up possible compliance checks. Tip! save email correspondence with the provider country authorities on this regard.

For some countries, this can be determined by checking the date of entry into force of the national ABS legislation and compare it with when the material was collected in the field.  If you collected before the legislation went into force, you could be out of scope. However, in some countries “access” can also mean receiving material from an ex-situ collection or even when you start to use it (even if it was collected and left the provider country long ago). Keep this in mind!

Some laws only cover certain types of organisms or organisms collected in certain areas.

Check when:

  • you collect material outside of Germany
  • a collaborator gives you material from another country
  • you get material from a collection in Germany
  • you buy material from a shop or a company
  • traditional knowledge from indigenous peoples or local communities will be used for your research