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Acronyms and terms explained

Alphabet soup – a guide to acronyms

Acronyms, acronyms, acronyms…. welcome to the world of access and benefit-sharing, or ABS for short.

When you first start reading about the Nagoya Protocol and ABS, you might feel like you are swimming around in alphabet soup.

Let’s go through some of the most common acronyms and their meaning.

  • A
  • B
  • C
  • E
  • G
  • I
  • M
  • N
  • P
  • T

A

ABS

= Access and Benefit-Sharing

ABS refers to access to genetic resources and fair and equitable sharing of benefits arising from their utilization. In other words, getting biological material that falls within the scope of the Nagoya Protocol for research purposes and giving something in return.

 

ABS-CH

= ABS Clearing House

The ABS-CH is a website that was developed under the Convention on Biological Diversity and is maintained by the SCB Secretariat. The ABS-CH is a critical resource and if you need information on national measures on ABS, this should be your first port of call.

B

BfN

= Bundesamt für Naturschutz

The BfN or the Federal Agency for Nature Conservation is the Competent Authority in Germany.

C

CNA

= Competent National Authority

The competent national authority is responsible for the implementation of the Nagoya Protocol. Competent national authorities are responsible for granting access or, as applicable, issuing written evidence that access requirements have been met. They also give advice on applicable procedures and requirements for obtaining prior informed consent and entering into mutually agreed terms.

The term CNA should not be confused with ”competent authority” under the EU ABS Regulation. The competent authorities in the EU are reponsible for implementing the compliance mechanisms in the EU ABS Regulation.

 

CBD

= Convention on Biological Diversity

The Convention on Biological Diversity is an international treaty that entered into force on 29 December 1993.

E

EU ABS Regulation

Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union, which entered into force for the European Union on 6 Jun 2014.

 

EU Implementing Regulation

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511/2014 of the European Parliament and of the Council as regards the register of collections, monitoring user compliance and best practices

G

GR

= Genetic Resource

Genetic resources are often just referred to as GR.

I

ITPGRFA

= International Treaty on Plant Genetic Resources for Food and Agriculture

The ITPGRFA aims at the  conservation and sustainable use of plant genetic  resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security. This Treaty applies only to plant genetic resources for food and agriculture. More information on the treaty can be found here: http://www.fao.org/plant-treaty/en/

M

MAT

= Mutually Agreed Terms

Otherwise referred to as a benefit-sharing agreement. This is a contract between a provider country/provider of genetic resources and the users. These terms also include dispute settlement clauses, terms on benefit-sharing (including in relation to intellectual property rights), terms on subsequent third-party use, if any, and terms on changes of intent, where applicable.

 

MTA

= Material Transfer Agreement

An agreement between institutions which determine the terms and conditions for transferring specimens or samples. This is not to be confused with MAT – mutually agreed terms – although mutually agreed terms could also be included in an MTA.

N

NFP

= National Focal Point

This person is the international contact point for the CBD Secretariat. They also provide information on ABS, such as the requirements for gaining access to genetic resources or authorities to contact, the procedures for obtaining PIC and establishing MAT and information on CNAs, relevant indigenous and local communities and relevant stakeholders.

All Parties to the Nagoya Protocol and the CBD have a National Focal Point. Their contact details are on the ABS Clearing House-Website.

 

NP

= Nagoya Protocol

Nagoya Protocol On Access To Genetic Resources And The Fair And Equitable Sharing Of Benefits Arising From Their Utilization To The Convention On Biological Diversity

P

PIC

= Prior Informed Consent

The permission provided by a country and/or indigenous peoples and local communities BEFORE (hence the word “prior”) genetic resources are accessed. This permission should be given in line with the national legal, policy and administrative framework.

 

PIP Framework

= Pandemic Influenza Preparedness Framework

The PIP Framework was developed by Member States of the WHO and adopted by the World Health Assembly in 2011. The framework implements a global approach to pandemic influenza preparedness and response, aiming to improve and strengthen the sharing of influenza viruses with human pandemic potential and to increase the access of developing countries to vaccines and other pandemic related supplies.

T

TK

= Traditional Knowledge associated with genetic resources

There is currently no accepted definition of TK at an international level. It can be thought of as knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community and in a traditional context.

The EU Regulation defines ‘traditional knowledge associated with genetic resources’ as traditional knowledge held by an indigenous or local community that is relevant for the utilisation of genetic resources and that is as such described in the mutually agreed terms applying to the utilisation of genetic resources.

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