The process for researchers working with genetic ressources
The ABS regulation significantly impacts the funding application process. Particularly, DTU researchers should be aware of two key requirements:
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Obtaining an international certificate of compliance:
Users of genetic resources are obligated to secure Prior Informed Consent and Mutually Agreed Terms through an international certificate of compliance obtained from the Competent National Authority (CNA) in the country of origin. The Nagoya protocol is managed through the ‘ABS clearing house’ a central repository where parties to the protocol register their responsible CNA and provide information on permission procedures. In addition, the ABS clearing house maintains records of previously issued certificates of compliance and relevant points of contact. The ABS clearing house website provides a comprehensive overview of Nagoya protocol parties.
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Submitting a declaration of due diligence:
Users must demonstrate due diligence by submitting a declaration to the Danish Environmental Protection Agency, serving as the Danish CNA. This involves considering the potential value of utilization, which includes knowledge derived from research, and ensuring the preservation and transfer of all relevant access information to subsequent users.
The declaration of due diligence, available on request via email (absprotokollen@mst.dk), must adhere to the guidelines outlined in Appendix II of the implementing regulation (2015/1866)
The declaration must be submitted between receipt of the first funding installment at the earliest and the submission of the final project report at the latest.
- Researchers are obliged to retain the declaration for 20 years after the ending of utilization and communicate this obligation to subsequent users. The declaration should be stored in the project case in DTU-DOCX.
- A single declaration of due diligence may be submitted for multiple resources if utilized together.
Users should be aware of the possibility for genetic resources to be subject to additional national or international regulations beyond the Nagoya protocol. Information on such regulations can be obtained from the CNA in the country of origin.
Contact
If you have any questions about how the ABS regulation may affect your research, you should contact DTU's Research Office at researchethics@dtu.dk
If you have any questions about how the ABS regulation may affect commercial development of genetic resources, you should contact the legal department on KJK_team1@adm.dtu.dk or KJK_team2@adm.dtu.dk (depending on your department affiliation).