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  • GNP HuB
    • About
    • Network
    • Library
    • Podcasts
    • News
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  • 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?
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    • Compliance Stories
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November 2022

Wed 2
November 2, 2022 @ 12:00 - 14:00 CET

The Nagoya Protocol – what does it mean in practice? at Leibniz ZMT (internal event, invitation only)

Dr. Scarlett Sett is going to give an information session at the Leibniz Centre for Tropical Marine Research (ZMT) about the practical implications of the Nagoya Protocol for non-commercial academic research. The talk will focus on what access and benefit-sharing (ABS) is and how to comply with the EU ABS regulation 511/2014. Contact person at […]

Wed 16
November 16, 2022 @ 10:00 - 12:00 CET

The Nagoya Protocol and its practical implications for research at BOKU, Vienna (internal event, invitation only)

Dr. Scarlett Sett is going to give an information session at the University of Natural Resources and Applied Life Sciences in Vienna about the practical implications of the Nagoya Protocol for non-commercial academic research. The talk will focus on what access and benefit-sharing (ABS) is, how to comply with the EU ABS regulation 511/2014 and […]

December 2022

Sat 3
December 3, 2022 - December 5, 2022

OEWG5 in Montreal, Canada

The fifth meeting of the Open-ended Working Group is the last preparatory meeting before COP15 to contribute to articulate the Convention of Biological Diversity (CBD) strategic plan, which will guide the countries to achieve the CBD objectives: conservation and sustainable use of biodiversity and ensure benefits sharing from the use of genetic resources. This plan […]

Wed 7
December 7, 2022 - December 19, 2022

COP15 in Montreal, Canada

Parties to the Convention on Biological Diversity (CBD) and its Protocols (Nagoya and Cartagena Protocols) will meet in Montreal, Canada to discuss the progress and challenges of these international instruments and make decisions on next steps. COP 15 is key as Parties must agree on the Post-2020 Global Diversity Framework and set the global targets […]

Fri 9
December 9, 2022 @ 12:30 - 13:30 EST

CEPA fair in Montreal, Canada

The Fair on experiences and best practices in Communication, Education and Public Awareness (CEPA) during the UN Biodiversity Conference (COP15) part 2 in Montreal, Canada is a unique opportunity for Parties and organizations to highlight their work and contribution to the implementation of the three objectives of the CBD and its protocols. The activities presented […]

January 2023

Tue 10
January 10

ABS for beginners (internal event, invitation only)

This event will take place at the Bernhard Nocht Institute for Tropical Medicine in Hamburg. The talk will focus on what access and benefit-sharing (ABS) is, how to comply with the EU ABS regulation 511/2014 and what the German Nagoya Protocol HuB project is doing to inform researchers. Dr. Scarlett Sett from the HuB team […]

Mon 23
January 23 @ 14:00 - 16:30 CET

Workshop – Das Nagoya Protokoll der Biodiversitätskonvention: Nutzen oder Hindernis für die Forschung? (internal event, invitation only)

Dr. Scarlett Sett will give a talk at this workshop on "What is the Nagoya Protocol? And when and why do I need to take care of it?". The workshop will be held at the University of Bayreuth in presence and the language will be German. The contact person is Dr. Ursula M. Higgins.

Tue 24
January 24 @ 11:00 - 12:30 CET

ABS for beginners (internal event, invitation only)

Dr. Scarlett Sett will participate in this event from the Leibniz Institute for Natural Product Research and Infection Biology Hans Knöll Institute. The talk will focus on what access and benefit-sharing (ABS) is, how to comply with the EU ABS regulation 511/2014 and what the German Nagoya Protocol HuB project is doing to inform researchers. […]

February 2023

Tue 7
February 7 @ 14:00 - 15:00 CET

9. GNP HuB Stammtisch

This meeting is a recap of the HuB participation in COP15, the Global Biodiversity Framework (GBF) focusing on ABS goals and targets and Digital Sequence Information (DSI).  

Tue 28
February 28 @ 13:30 - 14:30 CET

Nagoya-Protokoll – Einladung zur Vortragsreihe

Am 28. Februar findet im Forschungszentrum Borstel ein Vortrag statt, an dem Scarlett Sett vom HuB Team teilnehmen wird.

April 2023

Thu 20
April 20 @ 10:00 - 12:00 CEST

ABS for beginners (online event)

Dr. Scarlett Sett and Melania Muñoz from the HuB Team will participate in this event from the University Bremen. The event will take place online. The contact person is Janina Bornemann.

May 2023

Tue 23
May 23 @ 10:00 - 14:30 CEST

Basics of the Nagoya Protocol: from policy to practice

Online Event

An online course on the basics of the Nagoya Protocol, co-organized by GNP HuB and DECHEMA, will be held on May 23rd. Ellen Frederichs from BfN and Melania Muñoz from the HuB Team will give lectures and develop interactive activities. There are free spots for GNP HuB Network members! More information and the registration form […]

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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)

 

 

© 2023 · Nagoyaprotocol-hub. Impressum | Privacy Policy

  • 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