If you engage in the utilization of genetic resources, you are, as a researcher, subject to the Access and Benefit-sharing regulation (ABS regulation 511/2014). This regulation, derived from the Nagoya protocol, aligns with one of the objectives outlined in Convention of Biological Diversity (CBD), focusing on:
A “user” in this context refers to anyone who uses genetic resources, including both research activities and commercial development. As defined in the ABS regulation, genetic resources include any materials from animals, plants, microorganisms, or other origins containing functional hereditary units.
The ABS regulation applies to all utilization of genetic resources originating from outside the EU, conducted within the EU’s jurisdiction. For researchers based in Denmark, this implies that genetic resources originating from locations outside Denmark and utilized within Denmark are subject to the ABS regulation. However, resources accessed before October 2014 are exempt from the regulation, as it was enacted after this date. If resources were accessed before October 2014, but the nature of the utilization has since changed, it falls under the scope of the regulation.
Listed below are several examples of how the ABS regulation has been applied to research projects. Be aware that certain national authorities may have specific requirements and can potentially demand payment for issuing compliance certificates.
Example 1
Example 2
An English researcher was issued a permit for the utilization of ethno-medicinal knowledge from a local Siddi population in India. As a part of the MAT the researcher must prepare a report on the findings to the Indian CNA. Find the example. Certificate no: ABSCH-IRCC-IN-204353-1.
Example 3
An American researcher was issued a permit to bring home genetic material from three species of potato from Belarus for non-commercial research. As a part of the MAT the researcher must seek a new permit from the CNA of Belarus in the event that the findings lead to commercial development.