Nagoya Protocol on Access and Benefit-sharing (ABS)

Source:  News on Air

Subject:  Environment

Context: India has emerged as the global leader in biodiversity compliance, issuing 3,561 Internationally Recognized Certificates of Compliance (IRCCs), which accounts for over 56% of the total certificates issued worldwide under the Nagoya Protocol.

About Nagoya Protocol on Access and Benefit-sharing (ABS):

What it is?

• The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity (CBD). It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.

Adopted in: October 29, 2010, in Nagoya, Japan.

Entered into Force: October 12, 2014.

Members:

• There are currently 141 parties to the Nagoya Protocol (including 140 UN member states and the European Union).

India and the Nagoya Protocol:

• Signatory: India signed the protocol in 2011 and ratified it in 2012.
• Legal Framework: India implements the protocol through the Biological Diversity Act, 2002, and the Biological Diversity Rules, 2004.
• Authorities: The National Biodiversity Authority (NBA), headquartered in Chennai, acts as the primary body.

Key Features:

• Access Obligations: Creates predictable conditions for access to genetic resources, ensuring Prior Informed Consent (PIC) is obtained from the provider country.
• Benefit-Sharing Obligations: Ensures that benefits (monetary or non-monetary) are shared fairly with the provider country based on Mutually Agreed Terms (MAT).
• Compliance Obligations: Requires parties to take measures to ensure that genetic resources utilized within their jurisdiction have been accessed in accordance with the provider country’s laws.
• Traditional Knowledge: Covers traditional knowledge associated with genetic resources held by indigenous and local communities.
• ABS Clearing-House: An IT platform for exchanging information to help implement the protocol.

About Internationally Recognized Certificates of Compliance (IRCCs):

What It Is?

• An IRCC is an electronic permit generated through the ABS Clearing-House that serves as official evidence that a user has legally accessed a genetic resource.
• It proves that Prior Informed Consent (PIC) was granted and Mutually Agreed Terms (MAT) were established between the user (e.g., a researcher or company) and the provider (e.g., a local community or national government).

How It Works?

1. Application: A user applies to the National Competent Authority (in India, the NBA) for access to a biological resource.
2. Agreement: The authority ensures the user has obtained consent (PIC) and negotiated how benefits will be shared (MAT).
3. Permit Issuance: Once the national permit is granted, the authority uploads the information to the international ABS Clearing-House.
4. Generation of IRCC: The Clearing-House then converts this national permit into an IRCC, making the legal status of that resource visible to all parties globally.

Significance:

• Provides users with clean legal titles to the resources they are using, which is often required for patent applications or product commercialization.
• Allows provider countries to track how their genetic resources are being used across international borders.