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    • Video: ABS compliance supports your science
    • Do I have compliance obligations?
    • What are my obligations?
    • Tools & Resources for Compliance
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    • Institutional measures for compliance – infographic
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  • GNP HuB
    • About
    • Network
    • Library
    • Podcasts
    • Help Desk
    • News
    • Calendar
  • ABS
    • Understanding the ABS world – infographic
    • Build your ABS Strategy – checklist
    • Benefit-sharing
    • Video: Nagoya For Newbies
    • ABS – dealing with practical challenges
    • Tools & Resources for ABS
    • ABS Stories
  • Compliance
    • Video: ABS compliance supports your science
    • Do I have compliance obligations?
    • What are my obligations?
    • Tools & Resources for Compliance
    • User checks
    • Implications of non-compliance
  • Your institution
    • Institutional measures for compliance – infographic
    • Guidelines for institutions
    • Who can I contact at my institution?
    • Registered collections
    • Compliance Stories
  • FAQs and more
    • FAQ
    • Mythbusters
    • Acronyms and terms explained
    • Current issues
  • Contact
  • German

About us

What is the German Nagoya Protocol HuB?

The German Nagoya Protocol HuB, or GNP HuB for short, is a project financed by the German government.

Why “HuB”? HuB stands for “Hilfe und Beratung” (“help and guidance” in English). The project aims to help academic researchers in Germany with understanding Nagoya Protocol compliance.

We provide information about:

  • access and benefit-sharing (ABS) in countries that provide biological material (“genetic resources”) for research; and

 

  • the EU ABS Regulation, Implementing Regulation, and corresponding German law.

Slide What's our approach?

First, we are 100% focused on the needs of researchers in the academic sector in Germany.

Second, we filter information down to the essentials you need to navigate your obligations.

Third, we are responsive. You can help to shape the content of the website and our activities. If you can't find what you're looking for, we want to know about it!

Finally, we take the implementation of the Nagoya Protocol and the corresponding laws in provider countries and the European Union very seriously. But we also think that it is important to keep our sense of humour.

Who’s implementing the project?

Leibniz Institute DSMZ-German Collection of Microorganisms and Cell Cultures GmbH

The GNP HuB project is being led and managed by the Leibniz Institute DSMZ-German Collection of Microorganisms and Cell Cultures GmbH (DSMZ). DSMZ is a member of the Leibniz Association and the Leibniz Research Alliance Biodiversity (LVB). It is the most diverse biological resource center in the world with more than 84.000 bioresources, including bacterial strains, human and animal cell lines, plant viruses and antisera, bacteriophages, and different types of bacterial genomic DNA. It holds 80% of all known bacterial type strains and has one of the highest numbers of microbial patent deposits in Europe and the world.

DSMZ supplies biological resources for science, diagnostic laboratories, national reference centers, and industrial partners, sending out material to nearly a hundred countries. It receives deposits from researchers from around the world. DSMZ’s researchers conduct basic and applied research, with much of this work involving international collaboration.

As registered collection of genetic resources recognized under the European Union’s ABS Regulation, DSMZ ensures that all of the biological material it holds is compliant with the Nagoya Protocol, requiring depositors to provide any related documentation on ABS when depositing material. Any recipients of the material also receive this documentation.

DSMZ is actively involved in issues relating to the Nagoya Protocol and ABS, participating in various projects and studies as well as bringing the perspective of the science community into relevant policy discussions.

The contact persons at DSMZ are Melania Muñoz Garcia and Amber Scholz (info@nagoyaprotocol-hub.de).

Our funding

The German Alliance of Science Organisations

The German Alliance of Science Organisations is an association of the most important science and research organisations in Germany. It regularly issues statements on issues of science policy, research funding and the structural development of the German science system.

The Alliance ABS advisory platform for academic research is funded by members of the German Alliance of Science Organisations. The project sponsoring members of the Alliance include 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. The funding period is from January 2023 to September 2027.

 

 

The GNP-HuBs first phase

The German Nagoya Protocol HuB first phase was implemented from October 2019 to December 2022 by the Leibniz Institute-German Collection for Microorganisms and Cell Cultures (DSMZ) in partnership with the Consortium of German Natural Science Collections (DNFS), the German Life Sciences Association (VBIO) and the Leibniz Research Network Biodiversity (LFN BioDiv). The project was initially funded through the German Federal Agency for Nature Conservation (Bundesamt für Naturschutz, BfN) with funds from the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU) from October 2019 to September 2022.

The BfN is the German Government’s scientific authority for national and international nature conservation. It is the competent authority in Germany responsible for the implementation of the Nagoya Protocol, the EU ABS Regulation and the German national law.

The BMU is the Ministry responsible for the Convention on Biological Diversity (CBD) and the Nagoya Protocol in Germany. It reports to the Secretariat of the CBD on Germany’s progress with the implementation of the Nagoya Protocol and is responsible for Germany’s obligations under EU Regulation No 511/2014.

The German 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