Sharing nature’s genetic resources

Objectives

In line with international agreements, the EU aims to ensure that benefits from genetic resources are shared fairly and equitably with the country providing these resources.

Law

The Nagoya Protocol on "Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilisation" was adopted in 2010. It aims to establish a clear, legally binding framework determining how researchers and companies can obtain access to the genetic resources of a country and to the traditional knowledge associated with these resources.

It also explains how the benefits arising from the use of these genetic resources and associated traditional knowledge will be shared. A video explains the access and benefit sharing concept in simple words.

The EU Access and Benefit Sharing (ABS) Regulation (Regulation (EU) No 511/2014) brings EU law into line with these international obligations and entered into force in 2014.

These rules apply when genetic resources, and the traditional knowledge associated with them, are used in research and development for their genetic properties and/or biochemical composition, including through the application of biotechnology.

Implementation

Find more information about the implementation of the ABS Regulation here.

DSI and the Cali Fund

Digital Sequence Information (DSI) is a placeholder term for DNA sequence data coming from genetic resources, stored and shared in digital form, usually in databases.

The use of DSI has expanded rapidly. It enables key advances across research and development, including in fields essential to human health, food security and environmental protection. Open access to DSI is vital to scientific progress, but it also raises questions about how to share benefits fairly when physical samples are no longer needed.

In 2022, the parties to the CBD recognised:

• The essential role of DSI in research and sustainable development
• The importance of keeping DSI openly accessible
• The need to share benefits arising from DSI use, as reflected in the KMGBF and CBD decision 15/9

Decision 15/9 created a multilateral mechanism to share benefits from DSI. CBD COP16 then adopted decision 16/2 to make this operational and set up a global fund called the Cali Fund, in what was one of the major decisions of COP 16.

Under this mechanism, companies that use DSI for commercial activities – including in pharmaceuticals, cosmetics, food and feed, and artificial intelligence – are expected to contribute to the Fund. This will help mobilise resources for biodiversity and support KMGBF Targets 18 and 19 on financial resources and alignment of financial flows with biodiversity goals.

If your organisation uses DSI commercially, you should monitor how contributions to the Cali Fund are defined and implemented, so that you can build these obligations into your business models and compliance systems at an early stage.

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