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South Africa

ABS stories

Learning from experience: South Africa

Institution: A museum in Germany

Biological material: Turtles, tortoises

Research field: Conservation biology, evolution, genetics, genomics

Research: Basic, non-commercial

Focus: Conservation genetics and systematics of tortoises and turtles. This research formed part of a long term collaboration that has been running for approximately 15 years.

Collaboration partner: There were three collaboration partners in total, two in South Africa (research institute and university) and the museum (research institute) in Germany. The material was shared by all of the collaboration partners.

Collection: The material was collected in the field by scientists from the German institution. Additional material was also provided by the collaboration partners in South Africa.

Funding: Several private funding organizations

Photos: M. Vamberger

ABS Process

Time needed for first response from the National Focal Point: 10 working days  

Amount of time invested full time in the process: 4 weeks

Time needed until all ABS documents were obtained: 10 months

ABS documents obtained: Addendum for each CITES Permit 

Other documents obtained: Collection permit, CITES permit (export and import)

Before starting with the ABS process, the South African collaboration partner leading the research made enquiries about ABS on behalf of the whole project. This collaboration partner was primarily involved in obtaining the required documentation.

Cape Nature was the responsible authority. It was advised by the national ABS Focal Point that an Addendum to the CITES permits would be sufficient to satisfy the ABS requirements. This Addendum specifies relevant conditions, e.g. the use of the material is restricted to non-commercial research purposes, transfer of the material to third parties is not possible without the prior consent of Cape Nature, and Cape Nature is to be notified if new collaboration partners join the collaboration. This Addendum is attached to every CITES permit obtained in order to export the samples from South Africa to Germany.

Information about ABS in South Africa can be obtained from the Access and Benefit-Sharing (BABS) Clearing House of the Republic of South Africa.

 

Photos: M. Vamberger

Benefit-sharing

The benefit-sharing obligation is stipulated in the addendum. The researchers are required to report regularly on their progress.

Advice for other researchers obtaining biological material from South Africa

In the beginning, the German researchers were unsure about how to go about the ABS process and there was a delay with starting their research but overall the ABS process went well and a good working relationship has been established with the relevant authorities in South Africa.

What do they suggest?

Start early with informing yourself about ABS, how it applies to you and the process. Getting the required documents can take time and by starting early, you can help to avoid or at least shorten possible delays in your research.

The National Focal Point should be contacted to find out what needs to do be done. Be transparent about your proposed work with the authorities.

Having the South African collaborator contact the local authorities and support the process was very helpful. Consider asking your partners to support you and the ABS process.

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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