Convention on Biological Diversity

Convention on Biological Diversity

The Convention on Biological Diversity (CBD) is an international agreement setting out rules on conservation and sustainable use of genetic resources, and on access to such genetic resources and the fair and equitable sharing of benefits arising out of their utilization.

The CBD was adopted in 1992 and entered into force in the end of 1993. In 2010 an implementing protocol, the Nagoya Protocol, was adopted with the view of further detailing rules on access and benefit-sharing.

Under the regime defined by the CBD and its Nagoya Protocol, genetic resources are accessed under the rules of prior informed consent and mutually agreed terms which must be negotiated and obtained in bilateral discussions between the provider country and the user of the genetic resource, if so decided by the provider country. The scope of the CBD/Nagoya Protocol-type ABS regime extends to all genetic resources which covers also plant genetic resources, although its rules only apply to those plant genetic resources which are not covered by another specific access and benefit-sharing instrument. In practical terms, this means that all plant genetic resources that do not fall under the specific access and benefit-sharing instrument of the International Treaty are accessible under the rules of CBD/Nagoya Protocol.

In the European Union, the compliance pillar of the Nagoya Protocol has been implemented via EU Regulation 511/2014 which provides for a due diligence obligation users of genetic resources have to comply with if they are utilizing genetic resources within the territory of the EU. This regulation is complemented by an Implementing Regulation, a horizontal guidance document and several sectoral guidance documents.

See also

Documents & Publications