Our infographic helps you to understand whether your research leads to “access and benefit-sharing” and compliance obligations.
Some countries in the European Union (e.g. France, Spain and Croatia) do have ABS laws that regulate access. Thus, steps 1-3 may apply also for material that comes from within the European Union (but outside of Germany).
The user may use the infographic, in particular distribute it, reproduce it and include it on his own website. It is not allowed to edit the infographic. When using the infographic, please refer to the HuB website (https://www.nagoyaprotocol-hub.de).
Welcome to the world of access and benefit-sharing (ABS)
Follow this path if you are using non-human biological material from outside Germany for research.
There are two parts to the ABS world. The first part is made up of the laws regulating access and requiring benefit-sharing in the country where the material originally comes from. The second part is made up of the compliance laws in the European Union.
Check where the material comes from. Does that country have ABS laws?
Check whether these laws apply to you!
Does the ABS law cover your material?
Does the ABS law cover what you are doing with the material?
Does the ABS law cover when you got the material?
Keep a record about why ABS does not apply!
Obtain ABS permits first and then you can start your research
The ABS process is different in every country. You may need a permit and to sign a benefit-sharing agreement. Sometimes there are simplified processes for academic researchers. The process could be much easier than it looks at first!
Check if you have additional obligations in the EU!
The material contains DNA and derivatives, e.g. enzymes etc.?
Are you doing research on the genetic and/or biochemical composition of the material?
Was the material originally obtained on or after 12 October 2014?
Is the provider country a Nagoya Protocol Party?
Even if you don’t have obligations in the EU, you still have to comply with your ABS permit and benefit-sharing obligations with provider countries.
Nothing more required in the European Union!
Check whether you need to submit a due diligence declaration!
Submit your declaration through the DECLARE online portal – it‘s easy!
These last steps to compliance are compulsory for everyone.
Comply with the obligations in your ABS documents.
Keep the documents for 20 years after your research ends, as required by law.
Transfer the documents to third parties who receive the material from you.
Support user checks by the competent authority.