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Cameroon

ABS stories

Learning from experience: Cameroon

Slide The application was processed in 3 months!

Institute: A German research institute

Biological material: Plant, soil microorganisms

Research field: Microbiology, Plant biology, Agronomy

Research: Basic, non-commercial

Focus: Beneficial plant-microorganism interactions in the soil that may be useful for agricultural application in Africa.

Collaboration partner: A local university

Collection: The partner in Cameroon collected the material in the field.

Funding:  German Federal Ministry of Education and Research (BMBF)

Funding period: 2020 – 2022

 

Photo: C. Ngosong

ABS Process

Time needed for first response from the National Focal Point: About 1 week (first contact took place via a phone call)

Amount of time invested full time in the process: 2 weeks

Time needed until all ABS documents were obtained: The competent national authority processes the application in 3 months (it can take up to 6 months depending on when the application is lodged because the committee that makes the decision whether to issue an ABS permit or not only meets once every six months)

ABS documents needed: ABS permit

Other documents needed: Research permit, collaboration agreement, and the project proposal

The researchers started the ABS process immediately after submitting their project proposal, i.e. 1 year before the project actually started.

A cooperation agreement between the partners was needed as a pre-condition for the ABS project.

The first step in the ABS process was to obtain a research permit from the Ministry of Scientific Research and Innovation (MINRESI). The application for an ABS permit is then lodged with the Ministry of Environment and Forestry (MINEPDED). This is only possible after the research permit has been issued. The Cameroonian partner handled the communication with the authorities in Cameroon, organizing both the research and ABS permits.

The committee responsible for making decisions about ABS permits meets every 6 months. The researcher at the Cameroonian university was fortunate that the meeting of the ABS committee was rescheduled to accommodate the application, so there was no need to wait 6 months for the next meeting and thus delay the research.

The ABS permit is only valid for one year in Cameroon but yearly renewal is possible.

Photo: C. Ngosong

Benefit-sharing

As the research is non-commercial, the cooperation agreement between the German research institute and Cameroonian university ensures benefit-sharing.


What are the benefits to be shared?

  • Joint research and publication of results
  • Development of biological products to improve crop production

 

Do the results have to be shared with the Cameroonian authority? No direct benefit sharing with Cameroonian authorities is necessary for this project, but if there is any potential for commercial use and application of the project results, a benefit-sharing agreement must first be signed with the Cameroonian government, mainly to authorize commercial exploitation of the results.

Advice for other researchers obtaining biological material from Cameroon

The research institute had a positive experience with ABS in Cameroon. What do they suggest?

Start early with ABS! The competent national authority was able to process the application in several months but there was a lot of preparatory work by the Cameroonian partner that went into the process before that, e.g. communicating with the authority about the proposed research, getting information about ABS requirements in Cameroon and arranging the necessary supporting documents (research permit, collaboration agreement) etc. You need time!

Ask your local partner for help with the ABS process. In this case, the Cameroonian partner played a key role in organizing both the research and ABS permits. It was necessary for the partner to go to the authorities’ offices in person on many occasions, which would have been impossible from Germany, especially in light of the travel Corona related travel restrictions in 2020. Without support, there could be significant delays in obtaining the research and ABS permits.

You should strongly consider the costs for your local partner associated with supporting the ABS process, which is most often not included in the operational budget. If the partner has to travel to the authorities in  Yaoundé on many occasions to follow up the applications in person, it can become very costly.

Make sure you clearly communicate the importance of the ABS process to your collaboration partners and how it can benefit them. If they support the process, it can represent a significant investment of their time and energy so there needs to be some motivation for them to contribute to the ABS process. Such benefits might be capacity building and funding for their students, funding for some research materials and lab equipment, potential commercial benefits resulting from the project findings, etc.

Be transparent with the authorities on your work, indicating clearly who is involved, and what the outputs of the research will be.

Keep in mind that the ABS permit must be renewed annually and if you need an extension, you need to start early enough to make sure your permit does not expire.

The local researcher to whom the research permit is issued MUST submit a project report to the competent authorities at MINRESI, or he/she will NEVER be issued a permit again.

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The German Nagoya Protocol HuB is financed by the Federal Agency for Nature Conservation (Bundesamt für Naturschutz) with funds from the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (Bundesministerium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz)

 

 

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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