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Myanmar

ABS stories

Learning from experience: Myanmar

Slide It's important to check whether ABS applies to taxonomic work!

Institution: A museum/collection in Germany

Biological material: Animals (Birds)

Research field: Conservation biology, Genetics, Taxonomy, Zoology

Research: Basic, non-commercial

Focus: Within species diversification of Asian passerine birds was analyzed with the aim of identifying distinct genetic lineages, e.g. previously unidentified taxonomic units. For this purpose, sequence data were generated. This research was conducted within the framework of a proposed nomination procedure of the study area as a UNESCO World Heritage Site and therefore had a strong conservational focus.

Collaboration partner: The collaboration partners included non-commercial research institutes and universities from Myanmar (3), Germany (2), Austria (1) and the USA (1) and the UNESCO Thailand as the funding Organisation.

Collection: The material was collected by a cooperation partner from Austria in close cooperation with the collaboration partners from Myanmar and the Ministry of Natural Resources and Environmental Conservation (MONREC).

Funding: UNESCO

Funding period:  2016-2017

 

 

 

Photo: M. Suarez-Rubio & S. Renner

ABS Process

Time needed for first response from the National Focal Point: less than 1 week

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

Time needed until all ABS documents were obtained: 18 months

ABS documents obtained: A letter of confirmation that the material could be used for research, two agreements signed by the Austrian partner and the German research institute responsible for the genetic analyses

Other documents required: Export Permit

The researchers in Germany got advice from the German Agency for Nature Conservation (BfN) and the collaboration partners in Myanmar before making enquiries about ABS.

At the time of this research project, the formal processes for prior informed consent and mutually agreed terms had not yet been established.

The research took place in two phases. In the first phase, the principal investigator from the Austrian partner organised a collection trip to Myanmar to collect blood samples. An agreement was signed by the Austrian partner responsible for the fieldwork and Ministry of Natural Resources and Environmental Conservation (MONREC) prior to the fieldwork starting.

UNESCO funding became available for genetic studies within the framework of a World Heritage nomination. In the second phase, the German partner museum joined the research to lead the genetic analyses on the material collected in Myanmar. The National Focal Point of Myanmar was contacted for guidance about the implications of conducting the genetic analyses at the German museum.

Finally, a second agreement was signed by the German museum and MONREC. MONREC also issued a letter to the German museum confirming that the samples collected could be used for the proposed research.

 

 

 

 

Photo: M. Suarez-Rubio & S. Renner

Benefit-sharing

The agreements signed were not formally referred to as mutually agreed terms or a material transfer agreement but included provisions for the transfer of the material and sharing of benefits etc. What benefits were agreed to?

  • results and data were shared among the cooperation partners
  • joint publication in an international journal on nature conservation with three co-authors from Myanmar

 

An additional benefit was the joint engagement by the partners from Europe and Myanmar in the preparation of the report for the UNESCO nomination process, which was submitted in February 2018.

Advice for other researchers obtaining biological material from Myanmar

Check whether there is any existing ABS documentation for the material you intend to use AND whether you need further documentation for your project. The existence of ABS documentation may not necessarily mean that what you are proposing to do is covered and you may therefore have to arrange additional documents.

Even if there are no ABS laws, there may be other policies or administrative processes that apply. Contact the national focal point to check this. You can find the contact details in the ABS Clearing House.

If applying for permits, make sure that the work done by all project partners is covered. If there is a possibility that further non-commercial research could flow from your research project, consider exploring this option with the provider and making provision for it in the ABS documentation in the first instance. This can avoid duplicating the ABS process for closely related research. Clear communication between project partners is needed about ABS requirements and reponsibilities within the project.

Start early with the process. Although the authorities responded quickly to enquiries, it can take some time to clarify what is required and to make the necessary arrangements. Starting early can help to avoid any possible delays in your research project.

Consider asking your local collaboration partners to support the communication with the relevant government authorities.

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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