Access and benefit sharing Task Force Report

Transcription

1 Access and benefit sharing Task Force Report Elżbieta Martyniuk Warsaw University of Life Sciences National Research Institute of Animal Production ERFP Assembly, Nantes, 2013

2 Content The Global ABS landscape CBD and ICNP-3 FAO process CGRFA GPA-AnGR 2 EU process The Council The European Parliament ABS Task Force of the ERFP

3 State of ratification Gabon Jordan as for 23rd August signatures 19 ratifications 50 ratifications required for the Nagoya Protocol to came into force Rwanda Seychelles Mexico Lao PDR India Fiji Ethiopia Panama Mauritius South Africa Albania Macronesia (FS of) Botswana Syrian Arab Republic Mongolia Comoros Honduras

4 Ratifications: geografical distribution

5 The Global ABS Landscape: COP 11 COP XI/1. Status of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization and related developments A. Further work in preparation for the first meeting COP/MOP of the Parties to the Nagoya Protocol 4. Invites Parties, other Governments, relevant international organizations, indigenous and local communities and all interested stakeholders to submit information to the Executive Secretary on model contractual clauses, codes of conduct, guidelines and best practices and/or standards;

6 The Global ABS Landscape: COP Decides that the following additional issues should be addressed by the ICNP-3, in preparation for the first meeting of the COP/MOP to the Protocol: (a) Monitoring and reporting (Article 29); (b) Exchange of views on the development, updating and use of sectoral and cross-sectoral model contractual clauses, voluntary codes of conduct, guidelines and best practices and/or standards (Article 19 and 20); (c) Exchange of views on the state of implementation of the Nagoya Protocol.

7 Executive Secretary: call for inputs Deadline for submissions: 1st September 2013

8 Existing instruments, guidelines, codes of conduct and tools on ABS prior to the NP Agricultural sector CBD NP homepage The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) International Code of Conduct for Plant Germplasm Collecting and Transfer Guidelines on Access and Benefit-sharing in research projects Botanic gardens Micro-organisms culture collections Academic research community Professional societies or organizations Private sector Guidelines for BIO Members Engaging in Bioprospecting Guidelines for International Federation of Pharmaceutical Manufacturers and Association (IFPMA) Members

9 Examples of model agreements Argentina Model 1. General agreement Model 2: Project research collaboration agreement Model 3: Terms of Material Transfer Agreement including minimum clauses common to all Australia Benefit-sharing Agreement - Commonwealth and Access Party Model Benefit-sharing Agreement - Access Provider and Access Party South Africa Model material transfer agreement Model benefit sharing agreement Switzerland Agreement on Access and Benefit-sharing for Non-Commercial Research - Sector specific approach containing Model Clauses Biodiversity International CBD NP homepage

10 A lot of activities, studies and publications 105 pages no reference to AnGR No information on current practices (examples of various types of arrangements and best practices) in our sector (Stratos in cooperation with Geoff Burton and Jorge Cabrera, 2012)

11 Informal Meeting (25-26 March 2013, Tokyo) Implementation of Articles 19 and 20 of the Nagoya Protocol A lot of interesting materials, 19 presentations No single one related specifically to the livestock sector! So far, a little interest and understanding of the exchange practices of livestock genetic resourses within the CBD community

12 14th Session April 2013 FAO Commission on Genetic Resources for Food and Agriculture

13 The FAO process to support ABS arrangements for GRFA Identify stakeholders within the respective GRFA subsectors Report, at national and/or regional levels, on the conditions under which specific GRFA are exchanged and utilized Secretary to compile the information obtained for consideration by the Commission s sectoral ITWGs Commission to take a decision on the collection of model contractual clauses for subsectors of GRFA

14 The FAO process to support ABS arrangements for GRFA Stakeholder groups to report on: voluntary codes of conduct, guidelines and best practices, and/or standards in relation to ABS for all subsectors of GRFA Secretariat to develop Draft Elements to Facilitate Domestic Implementation of ABS for different subsectors of GRFA Support of the Team of Technical and Legal Experts on Access and Benefit-sharing

15 Implementation of the Nagoya Protocol The EU process European Parliament

16 The EU process Proposal for the regulation by the EC: October 2012 Focus on user measures and compliance Access in the discretion of member states Discussion in the WPE-ABS since October 2013 A lot of amendments, consecutive drafts being prepared Simultaneous discussion in the European Parliament COM: ENVI, AGRI, DEVE, FISH Voting on amendments: 4th July 2013 No mandate to initiate further process (EP, Council, EC) CBD notifications and ICNP-3 preparation: WPIEI - Biodiversity

17 legislative_procedure_majorityrules.svg

18 Working document Brussels, 17 July 2013 COUNCIL OF THE EUROPEAN UNION Commission proposal EP amendments Presidency compromise Comments Amendment FISH 5 2. The Commission shall make public, including on the internet, a list of the competent authorities. The Commission shall keep the list up to date. Article 6 paragraph 2 2. The Commission shall make public, including on the internet, a list of the competent authorities. The Commission shall keep the list up to date; particular attention shall be paid to the outermost regions, bearing in mind the significance and fragility of the genetic resources found on their territories, and with a view to preventing any abusive exploitation. 2. The Commission shall make public, including on the internet, a list of the competent authorities of the Member States. The Commission shall keep the list up-todate. Not acceptable. 20th September 2013 WPE - ABS meeting

19 ERFP ABS Task Force AnGR with support of all NCs

20 ABS Task Force Membership Country Members Montenegro Milan Markovic Netherlands Sipke-Joost Hiemstra Norway Nina Sæther Slovenia Metka Žan-Lotric Switzerland Francois Pythoud Czech Republic Vera Matlova Poland Elżbieta Martyniuk Apology from Milan Markowic Proposed replacement: Beate Berger, Austria

21 Our contribution: COLLECTION! Examples of model contractual clauses (Aricle 19) Examples of volountary codes of conducts, guidelines, best practices, standards... (Article 20) Call for examples of current practices: CBD deadline by 1st September (currenty COM call for identification of stakeholders) ICNP-3: February 2014, Republic of Korea FAO CGRFA - no call for submision so far Bureau CGRFA 15: 5-6 th September 2013

22 Sources of information 10 countries Examples mainly of: research contracts gene banks MAA and MTA Commercial contracts rather rare; only if provider breeding company is: breeders association cooperative Contributions: Austria Czech Republic Finland France Netherland Norway Poland Portugal Slovenia Switzerland Literature Public consultation

23 Sources of information

24 Why do we exchange AnGR? For the livestock sector, there are three integrated contexts in which genetic resources are exchanged and used that may be affected by a new ABS regime: Market Research Culture Welsch, E. J., Anim. Breed. Genet. 129 (2012)

25 Commercial trade in AnGR =1024&bih=559&sei=MN21UdKrF7H14QSE24Ew

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27 Private companies Breeders Cooperative breeding enterprises Individual operators State-run breeding farms Small-scale farmers Livestock keepers End users Commercial producers (FAO, 2009)

28 Different rules for different breeds? Global trade in international breeds: Contribute to enhancement of livestock production, especially in developing countries Profitable for buyers Breeding companies usually do not expect additional benefits arising from utilisation of their breeding stock The price and ability to supply products provides sufficient benefits Exchange of locally adapted breeds If local breeds have desirable traits in terms of future breeding needs If a given breed has an unique cultural /social value are they going to be a subject to ABS, beyond current practices?

29 Gene bank exchange MAA: Material Acquisition Agreement MTA: Material Transfer Agreement Available in mature gene banks

30 AnGR gene banks Still limited number of operational national genebanks (in public domain) to conserve AnGR Such genebanks are mainly in Europe Ownership of the genetic material Stays with the owner od the donor animal (AU, FR) Transfered to the Genebank (NL, PL) Access: usually regulated but also free

31 More examples are needed to prepare input for the CGRFA 15

32 Future work ABS Task Force of the ERFP Further colection of examples of exchange practices especially in private sector Compilation of these examples as the input for the expected call from the CGRFA Secreatariat Possible ABS Task Force meeting with representatives of the breeding industry Collaboration with the Ex-situ Working Group on development of the MTA for exchange of cryoconserved AnGR

33 MTA: key elements Proposal from discussion at European Genebank Network for Animal Genetic Resources Workshop 13 th /14 th June Bonn, Germany

34 Material Transfer Agreement (MTA) possible structure Provider: Recipient: PREAMBLE ARTICLE 1: DEFINITIONS ARTICLE 2: SCOPE OF THE MATERIAL TRANSFER AGREEMENT ARTICLE 3: RIGHTS AND DUTIES OF THE PROVIDER ARTICLE 4: RIGHTS AND DUTIES OF RECIPIENT ARTICLE 5: WARRANTY ARTICLE 6: LIABILITY ARTICLE 7: GOVERNING LAW ARTICLE 8: SIGNATURE ANNEX:

35 PREAMBLE with references: to the Global Plan of Action for Animal Genetic Resources of the FAO to the interdependence of all countries with regard to the animal genetic resources and their importance for the global food security, for the fight against poverty and for the development of a sustainable agriculture, facing global climate change. Acknowledging the fundamental role of FAO`s Commission for Genetic Resources for Food and Agriculture (CGRFA) to the Commitment of the European Regional Focal Point on Animal Genetic Resources to contribute to the implementation of the GPA and to ex situ conservation of animal genetic resources to the Nagoya-Protocol to the specific nature of the genetic resources for food and agriculture to the option for model contracts for access and benefit sharing

36 ABS Task Force work plan - for approval Further collection of national examples of current practices /codes of conduct... Joint meeting with the breeding industry? Preparation of a synthesis document to respond to expected call by the CGRFA Secretariat Joint meeting with the WG-Ex situ Contribution to MTA development for cryopreserved genetic material

37 CGRFA Team of Technical and Legal Experts on Access and Benefit-sharing Two representatives nominated by each region European Regional Group to decide Proposal: one AnGR + AqGR expert one PGR + FoGR expert Legal and technical expertise

38 Thank you for listening