Strasbourg, France
January 22, 2014
An agreement struck by EP and Council negotiators on access to genetic resources and sharing the benefits of their use was backed by the environment committee on Wednesday. The agreement also covers traditional knowledge held by indigenous or local communities. The new rules should contribute to the conservation of biological diversity and the sustainable use of its components.
“Negotiations were very difficult. Several member states seemed not to favour of biodiversity,” said Sandrine Bélier (Greens/EFA, FR), responsible for steering the legislation through Parliament. “The text is less ambitious than I would have liked, but it allows us to participate in the next COP Conference at the end of the year in South Korea,” she added.
The regulation will oblige users, such as private collectors and companies, academic researchers or scientific institutions, to check that genetic resources and associated traditional knowledge have been accessed legally and that the benefits are shared fairly and equitably, on the basis of mutually agreed terms.
It provides that genetic material of plant, animal, microbial or other origin of actual or potential value is to be considered as a genetic resource. Biological diversity offers a reservoir for innovation in terms of scientific research and technological applications, as well as healthcare products, foodstuffs, cosmetics and other products.
Under the new rules, users will have to obtain an international certificate of compliance, in order to prevent illegal access to resources.
The agreement also stipulates that collections, which are major suppliers of genetic resources and associated traditional knowledge, must be entered on an EU register established and maintained by the European Commission.
EU countries will designate authorities to verify compliance by users of genetic resources with the legislation and will also establish penalties for infringing the rules.
The scope of the new rules will be narrower than Parliament had originally hoped as EU countries did not agree that they should cover all derivatives of genetic resources. The Council also refused to agree to MEPs' demands for stricter conditions of access to genetic resources and tougher penalties for infringing them.
The agreement was approved by 51 votes to 0, with 3 abstentions.
Background
This legislation is needed in order for the EU to ratify the UN Nagoya Protocol on biodiversity and access to genetic resources and incorporate it into EU law.
Next steps
The full Parliament is scheduled to vote on the agreement in March and the Council will adopt a final decision on it after that. This regulation and the Nagoya Protocol should enter into force on the same date.
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