by SHAWN SULLIVAN posted on 05/10/2012
Yesterday the European Commission proposed adoption of a regulation to implement the Nagoya Protocol Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity. COM(2012) 576 final, 2012/0278 (COD), Proposal for a Regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (Oct. 4, 2012). As explained in the proposal, this initiative is intended to lay the groundwork for the European Union to ratify the Protocol.
THE TEMPTATION OF ST. ANTHONY
GENETIC RESOURCES UNDER THE CBD. The Nagoya Protocol is a supplementary agreement to the 1992 Convention on Biological Diversity (CBD). 1 Article 3 of the CBD established that nations possess “the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.” 2 CBD Article 15 provided that in the exercise of such sovereignty, a country may require those who seek access to genetic materials within its territory to obtain the informed consent of the relevant authorities prior to gaining such access. 3 The CBD acknowledged the value of traditional knowledge of indigenous peoples regarding the use of genetic resources and envisioned that benefits from the exploitation of such resources would be shared equitably with the nations and communities whose contributions aided in the commercial success of products derived from genetic resources. 4
Via Valerio Hoyos-Villegas, sonia ramos