• GNP HuB
    • About
    • Network
    • Library
    • Podcasts
    • News
    • Calendar
  • 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?
    • Registered collections
    • Compliance Stories
  • FAQs and more
    • FAQ
    • Mythbusters
    • Acronyms and terms explained
    • Current issues
  • Contact
  • German
Nagoyaprotocol-hubNagoyaprotocol-hub
  • GNP HuB
    • About
    • Network
    • Library
    • Podcasts
    • News
    • Calendar
  • 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?
    • Registered collections
    • Compliance Stories
  • FAQs and more
    • FAQ
    • Mythbusters
    • Acronyms and terms explained
    • Current issues
  • Contact
  • German

France

ABS stories

Learning from experience: France

Slide All done in 3 months!

Institution: A research institute in Germany investigating evolutionary biology

Biological material: marine invertebrate

Research field: Evolution, genetics, molecular biology

Research: Basic, non-commercial

Collection: Whole specimens were collected in the field by scientists from the research institute

Collaboration partner: Marine Biological Station in France

Funding: European Research Council Starting Grant

Photo by John on Pexels

ABS Process

Time needed for first response from the National Focal Point: Approximately 6 weeks

Amount of time invested full time in the process: Several days

Time needed until all ABS documents were obtained: 3 months

ABS documents obtained: Prior Informed Consent, a benefit-sharing agreement and an ABS permit.

The application for an ABS permit was lodged retroactively because the samples were collected around the time the Nagoya Protocol came into effect and the institute was not aware of its obligations.

Before starting with the ABS process, the scientists involved obtained advice from the administration department of their institute.

The first step in the process was to contact the French National Focal Point. It took about 6 weeks for this person to respond to the initial enquiry, but this length of time was probably due to the French summer vacation (the enquiry was sent in July). After the initial response, the communication with the national focal point was quick and uncomplicated.

The application involved filling out a “declaration form” (Déclaration pour l’accès aux ressources génétiques d’espèces animales non domestiques ou végétales non cultivées, et le partage des avantages découlant de leur utilisation). This form includes questions about the purpose of the research, the place of collection, the type of genetic resource, questions about benefit-sharing as well as general information about the institution (research location). These forms are in French but could be filled out in English.

The acknowledgment of receipt, which proves that prior informed consent (PIC) was granted and mutually agreed terms (MAT) on benefit sharing were established, was signed by a director of the French Ministry of Ecological Transition and Solidarity three months after the declaration was lodged.

The procedure for non-commercial utilisation of genetic resources is described in English in the ABS Clearing House. The French Ministry has also made information about ABS in France and courtesy copies of the relevant law and regulation available in English.

Photo by Roberto Nickson on Pexels

Photo by Annie Spratt on Unsplash

Benefit-sharing

The parties to the benefit-sharing agreement are the research institute in Germany and the government of France.

The research institute did not require any legal assistance for the purpose of entering into this contract.

What are the benefits?

  • The knowledge being generated may help to protect the organism.
  • The research results will be published in open access manuscripts and at conference presentations.

 

There is an ongoing exchange between the marine station in France and the scientists in Germany, with the scientists frequently visiting this field station.

Advice for other researchers obtaining biological material from France

The research institute had a positive experience with ABS in France and there were no challenges to speak of. What do they suggest?

It was possible for the institute to regularize its research activities under the French law but, of course, researchers should apply for their ABS permit before they start any sampling.

Do not expect to get a response straight away if you contact the French authorities in the middle of the summer vacation!

You don’t speak French? All of the official documents, including the declaration form and permit are in the French language. Look for someone at your institute who is a French speaker and who can help you understand what is required by the declaration form and the conditions listed in the ABS permit.

The national focal point in France is helpful and responds quickly. Contact them to find out how ABS applies to you and what you need to do. You should be transparent with the authorities about your work. It is possible to communicate with the authorities in English.

You also might be interested in

BfN completes user checks

BfN completes user checks

May 19, 2022

Violations detected

Nagoya Protocol for Newbies

Nagoya Protocol for Newbies

May 10, 2021

Almost 200 people joined

Pakistan

Pakistan

Jan 29, 2021

Lizards

 

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