Nagoya Protocol
This website helps researchers understand their obligations following the implementation of the Nagoya Protocol.
What is the Nagoya Protocol about?
Use of genetic and biological material by researchers.
Is that relevant to me?
Do you use material from outside Belgium in your research?
If you use biological material in your research.
In that case, the Nagoya Protocol may apply to your research
What is biological material?
Plant-based
Plant material originates from the plant kingdom. Examples include seeds, leaves, roots, algae, and dried plant specimens.
Animal
Animal material originates from vertebrate and invertebrate animals. This includes tissues, blood, DNA samples, and extracts such as venoms and enzymes.
Microbial
Microbial material consists of invisible organisms such as bacteria, fungi, yeasts, and viruses.
What does the Nagoya Protocol do?
enables access to genetic material.
It establishes an international legal framework that:
sets out the conditions for the equitable sharing of the benefits (Access and Benefit-sharing, or ABS) that arise from this.
What is ABS?
Anyone in Belgium who utilizes biological material, specifically so-called genetic resources, must comply with European Regulation (EU) No 511/2014. This regulation implements the obligations of the Nagoya Protocol within the European Union. After all, each country has sovereign rights over the genetic resources found within its borders. This principle of access to genetic material and the fair sharing of benefits arising from their utilization is what we call ABS (Access and Benefit-Sharing). The protocol sets out the legal conditions for this, including the traditional knowledge associated with the material.
Does the Nagoya Protocol apply to you?
Researchers have a legal obligation to comply with the Nagoya Protocol.
The protocol only applies to genetic resources that have been accessed: 1) from a country that is party to the Nagoya Protocol and has access and benefit-sharing (ABS) legislation, and 2) with the purpose of the ‘utilization of genetic resources’ after October 12, 2014.
The protocol does not apply to:
- Human genetic resources
- Genetic resources covered by specialized international instruments (such as the International Treaty on Plant Genetic Resources for Food and Agriculture)
- Genetic resources as commodities
The protocol applies both to those who obtain the genetic resources directly from the country of origin and to those who obtain them indirectly from third parties.
What should researchers do?
Follow a series of steps to ensure that the ABS legislation of the country providing the genetic material has been complied with. Through ‘due diligence’, one must endeavour to obtain all relevant consents, document that administrative process and, where necessary, submit declarations. Even countries that are not parties to the Nagoya Protocol may have relevant ABS legislation that you, as a researcher, must comply with. In such cases, however, no declarations need to be submitted as part of ‘due diligence’.