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  • GNP HuB
    • About
    • Network
    • Library
    • Podcasts
    • Help Desk
    • 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

German Nagoya Protocol HuB Network

About the GNP HuB Network

The implementation of the Nagoya Protocol has posed some challenges for the academic research sector in Germany. Nevertheless, there has been a lot of learning by doing and by sharing experiences and learning from one another, the research community can work towards overcoming some of these challenges.

Slide This is an informal network for the academic research sector in Germany

The GNP HuB Network brings together people from all over Germany, providing a platform for:

1.

the regular exchange of information on an informal and friendly basis

2.

awareness-raising about access and benefit-sharing and the compliance with the EU laws implementing the Nagoya Protocol

3.

networking with other practitioners in Germany who are in the same boat, i.e. people who want to understand their obligations and know how to deal with them.

Who’s in the GNP HuB Network?

This informal network is for the academic research community. Our participants range from newbies to the Nagoya Protocol right through to people with a lot of experience.

Who are they?

  • researchers from German research institutes and universities who work directly with biological material

 

  • Nagoya Protocol compliance officers or other administrative or legal staff from German research institutes and universities who support researchers with compliance

 

  • staff from collections of biological material and research museums

 

  • staff of professional associations for the life sciences community in Germany

 

  • staff from funding agencies

 

  • staff from government authorities and institutions

 

  • other experts on the Nagoya Protocol

People from a number of German institutions are involved. Here are just some of them!

 

 

Get involved

What do we do?

The participants of the GNP HuB Network tell us what they want to discuss and we organize it.

Our events are conducted in both German and English, although we often use English. Why English? As you are aware, the research community in Germany is very international and there are not quite up to speed in German in order to participate actively in German language events. By conducting events in English, GNP HUB can be as inclusive as possible.

Are you interested in finding out about our past or upcoming events? Check out the our calendar.

 

 

 

 

 

 

Regular GNP HuB Meetings (“Stammtisch”)

Slide What is a Stammtisch? Stammtisch is a German word.

It refers to a regular, informal and friendly meeting that usually takes place at a pub and around a big table (and often with a beer – it’s Germany after all).

We organise a virtual (online and alcohol free) Stammtisch that takes place every couple of months.

We use these informal meetings to touch base with one another and to talk about a wide range of issues relating to the implementation of the Nagoya Protocol, such as understanding the EU ABS Regulation, how to deal with the Nagoya Protocol at an institutional level, experiences dealing with access and benefit-sharing in different countries etc.

There is always time for questions and discussion, contributions by participants are encouraged, and guest speakersare welcome.

We understand that not everyone has the same level of experience or expertise on the Nagoya Protocol. For that reason, we also organize an occasional Stammtisch for the newbies in our network to talk about the basics and to help get them up to speed quickly.

 

Go to the meeting reports

Small ad-doc meetings

Participants in the GNP HuB Network can form small ad-hoc groups to discuss specific topics of interest, a specific question or possible solutions to a concrete problem.

The GNP HuB helps to organize these meetings.

 

Workshops and networking events

Once or twice a year, the GNP HuB organizes workshops on specific issues faced by researchers and German institutions with respect to the implementation of the Nagoya Protocol.

Network participants are informed about the possibility to participate in these workshops.

Regional and thematic networking events can also be organized for participants, although the ability to hold these events in person will depend on the ongoing COVID-19 pandemic.

Want to get involved?

Slide Join us!

No formal registration is necessary. Participation in the GNP HuB Network is completely voluntary (and free, of course). If you are interested in getting involved, simply contact us!

You can also join our mailing list for updates about the GNP HuB project and the Network’s activities. And you can follow us on social media (Twitter and Linked-In)!

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