The Nagoya Protocol to the Convention on Biological Diversity on "Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization" was adopted in Nagoya at the 10th Conference of the Parties of the Convention on Biological Diversity (CBD COP10). It implements the third objective of the CBD, namely the fair and equitable sharing of benefits arising from the utilisation of genetic resources, including by appropriate access to genetic resources, generally known under the acronym "ABS".
The Nagoya Protocol aims at establishing a clear and transparent legally binding framework determining how researchers and companies (i.e. those who will utilise) will obtain access to genetic resources (GR) and to the traditional knowledge associated with genetic resources (TKaGR) and how the sharing of benefits will be organised. Under the terms of the Nagoya Protocol they will be required to respect the domestic regulatory frameworks of the countries providing GR and TKaGR, including the respect for indigenous communities’ rights over their GR and TKaGR.
The Nagoya Protocol further explains how in the future benefits arising from the utilisation of such material or knowledge will be shared. The increased legal certainty for users of GR and TKaGR will also create new opportunities for nature-based research.
The Nagoya Protocol is expected to enter into force in the second semester of 2014.
In October 2012, the European Commission presented a proposal for a Regulation to implement the mandatory elements of the Nagoya Protocol for the European Union.
The legislative procedure has been concluded and the EU ABS Regulation is expected to enter into force in May 2014.