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Costa Rica

ABS stories

Learning from experience: Costa Rica

Institution: A German University

Biological material: Bacteria and anaerobic archaea (living microorganisms)

Research field: Physiology, taxonomy

Research: Basic, non-commercial

Focus: Anaerobic soil and water samples were taken to enrich, isolate and characterize anaerobic microorganisms from Costa Rica. The aim was to discover novel species, especially within the group of methane-producing Achaea.

Collaboration partners: One German university and a collection/museum in Costa Rica

Collection: A researcher from the German university collected the samples in the field

Funding: Core funding (German University)

Funding period: 2017-2021

Photo: Orlando Madrigal on Unsplash

Photo: Christian Hess Araya on Unsplash

ABS Process

Time needed for first response from the National Focal Point: 1-2 weeks

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

Time needed until all ABS documents were obtained: 3-4 months

ABS documents: Prior informed consent, Contract (Mutually Agreed Terms)

Other documents needed: Material Transfer Agreement

Costa Rica is not a Party to the Nagoya Protocol but it has access and benefit-sharing laws. Detailed information about this can be found on the ABS Clearing House.

Before starting with the process, the German researcher sought advice on ABS from a personal contact in Costa Rica.

Prior Informed Consent (PIC) was given to the researchers by the provider in Costa Rica. In this case, the samples were collected in a national park so the provider was the National System of Conservation Areas (SINAC), which is an Agency of the Ministry of Environment and Energy (MINAE) of Costa Rica. The ABS permit was granted by the National Commission for Biodiversity Management (CONAGEBIO), which is also part of MINAE. The PIC also includes mutually agreed terms on benefit-sharing.

Photo: Selina Bubendorfer on Unsplash

Benefit-sharing

The parties to the benefit-sharing agreement are the German university and the provider in Costa Rica (SINAC-MINAE).

What benefits were agreed to?

  • Sharing data, such as sampling reports
  • Sharing results, such as final research reports and scientific papers
  • Duplicate deposits of the isolated microorganisms in Costa Rican ex-situ collections (if possible)

Advice for other researchers obtaining material from Costa Rica

The German researcher experienced some challenges with ABS in Costa Rica.

What do they suggest?

If you are unsure about the ABS process, contact the authorities in Costa Rica to ask for help and guidance. The national focal point is very helpful and responds quickly to enquiries. Communication with the national focal point is in Spanish or English.

If you are not a Spanish speaker, you will need someone who understands the Spanish language to help you with writing your application and understanding your permit and other official documents. Everything has to be in Spanish!

The application for the ABS permit is made through an online platform.

Some restrictions are imposed on the use of the material by third parties. Other commercial and non-commercial researchers who want to use the material are required to follow the ABS process, i.e. get a permit from Costa Rica, before they can start with any additional research. Such restrictions on third party use for non-commercial research purposes can potentially make it difficult to deposit isolated microbial strains in a culture collection, which is a pre-condition for describing new species.

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International Policy Updates on ABS

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