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Panama

ABS stories

Learning from experience: Panama

Slide All done in several weeks!

Institution: A research institute in Germany focusing on ocean research

Biological material: Fish, part of a specimen

Research field: Evolution, Genetics, Omics

Research: Basic, non-commercial

Focus: Whole-genome assembly and re-sequencing were used to study speciation in the sea. This was a long-term research project conducted over a period of 10 years

Collaboration partner: Three other research institutions in Germany

Collection: Someone from one research institute in Germany travelled to Panama and collected the fish specimens in the field. The material was only used by the working group at that research institution

Funding: Individual grant by the Deutsche Forschungsgemeinschaft (DFG),

Funding period: 2015-2020

 Photo by Kevin Bryant on Flickr

Photo by Pierre Leverrier on Unsplash

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: Less than 1 day

Time needed until all ABS documents were obtained: Less than 1 month

ABS documents obtained: ABS permit

Other documents obtained: Research permit, collection permit

Before starting the ABS process, the scientist at the German research institution sought advice from the institution’s Nagoya Protocol Compliance Officer as well as other acquaintances.

As a first step, the national focal point of Panama was contacted. All of the exchanges between the focal point and the researcher in Germany took place by way of email and in Spanish.

The ABS permit, which was provided by the National Environment Ministry, was issued quickly and an internationally recognized certificate of compliance was published in the ABS Clearing House.

Information about ABS in Panama can be found in the ABS Clearing House. The current ABS regulations were adopted in 2019  and stipulate a processing time for ABS applications of 45 working days. Actual processing times depend on each application, which is assessed on a case-by-case basis. Permits can potentially be issued more quickly, e.g. in one or two weeks.

 Photo by Kevin Bryant on Flickr

Photo by Pierre Leverrier on Unsplash

Benefit-sharing

What were the agreed benefits?

  • Sharing data
  • Sharing results

Advice for other researchers obtaining biological material from Panama

The researcher at the German research institute had a very positive experience with ABS in Panama. The national focal point responded quickly and the entire process went smoothly.

What suggestions can be made?

According to the national laws in Panama, all official procedures must be carried out in the Spanish language. Know how you are going to deal with language barriers and take into account local cultural differences. Invest time and energy in communicating in the local language if possible. If necessary, ask someone at your institution or in your network to help you with the language.

Be transparent with the authorities in the country providing the material about your work. When first contacting national focal point, provide detailed information about what you are planning to do, the history of any research already conducted in the country, and the permits that you have already been obtained (research, collecting, export permits etc.). It might also be helpful to highlight that you are doing basic research without any commercial applications.

You should not collect, export or use samples from Panama for research without having the ABS permit in advance.

As part of ABS, Panama requires scientific collaboration with local researchers. This requirement is mentioned in both the ABS application forms and the permit issued.

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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