TWN Info Service on Biodiversity and Traditional Knowledge (Jun13/02)
18 June 2013
Third World Network
Natural
Justice, Berne Declaration
MEDIA RELEASE
Will the European Union legalise biopiracy?
Zurich/New York 18.06.2013 - A new opinion piece, published today
by Natural Justice and the Berne Declaration, sharply criticises the
European Commission’s draft EC Regulation 2012/0278 (COD) to implement
the Nagoya Protocol on Access and Benefit-Sharing in the European
Union (EU). (http://www.evb.ch/cm_data/20130618_LA_Access-or-Utilisation.pdf)
By
excluding a significant category of genetic resources (GRs) from the
scope of the regulation, the Draft fails to implement the main objective
of the Convention on Biological Diversity and the Nagoya Protocol:
the fair and equitable sharing of benefits arising from the utilisation
of GRs and associated traditional knowledge (TK). In addition it will
lead to greater legal uncertainty for users, allow for unfair competitive
practices and, in the long run, lead provider countries to implement
more burdensome access procedures to GRs.
The ENVI Committee of the European Parliament will vote on the Draft
Regulation on the 4th of July, with a final draft expected to be tabled
in the European Parliament in October 2013.
In
the Draft Regulation, user obligations would only apply to GRs and
associated TK that have been physically accessed in the country of
origin after the entry into force of the Nagoya Protocol. This implementation
would be in sharp contrast to the large majority of existing ABS laws
in provider countries where the utilisation of GRs and associated
TK also triggers the obligation to share benefits, based on prior
informed consent and mutually agreed terms. The European Commission’s
narrow and biased interpretation of the Nagoya Protocol and subsequent
national implementation is likely to have a number of very serious
consequences:
- First, a significant
share of GRs and associated TK used in the EU will not be covered
by the Draft Regulation. This will undermine the objective of the
Nagoya Protocol to share benefits equitably and fairly, as well as
legalise biopiracy.
- Second, individual
users of GRs and TK will not be provided with legal certainty, something
they have long sought. Indeed, scenarios are likely to emerge where
the utilisation of GRs and TK may be legal under EU law, but illegal
under the law of the provider country. This could result in a user
being in compliance with EU obligations under the new Access and Benefit
Sharing regulations, but nevertheless subject to prosecution in a
provider country upon entering its territory. Nobody has an interest
in such a scenario.
- Third, a functioning
global ABS system can only be based on mutual trust between providers
and users. The current wording of the Draft Regulation will undermine
this trust and is likely to lead to stricter access conditions in
provider countries, thereby making research and development (R&D)
increasingly bureaucratic and burdensome for European users. One of
the underlying objectives of the Nagoya Protocol, namely to facilitate
access for R&D, would subsequently not be reached and a valuable
opportunity to incentivise the conservation and sustainable use of
biodiversity would be missed.
We therefore urge the European Parliament, the Council and the Commission
to enact a regulation that is line with the objective of the Nagoya
Protocol and ensures that all related utilisation that takes place
after the Nagoya Protocol comes into force complies with the access
and benefit sharing rules of provider countries. The ENVI Committee
Rapporteur made several proposals for amendments in this regard. Only
by doing so can trust be built between user and provider countries,
legal certainty established, and the conservation and sustainable
use of biodiversity advanced.
Contact:
Fran็ois Meienberg (Berne Declaration); Tel.: +41 44 277 70
04; food@evb.ch
Johanna von Braun (Natural Justice); Tel.: +1 917 974 5801; Johanna@naturaljustice.org
Access or Utilisation – What Triggers User Obligations?
A Comment on the Draft Proposal of the European Commission on the
Implementation of the Nagoya Protocol on Access and Benefit Sharing,
can be downloaded at http://www.evb.ch/en/p25021504.html or http://naturaljustice.org/wp-content/uploads/pdf/Submission-EU-ABS-Regulation.pdf
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Erklไrung von Bern - The Berne Declaration
Fran็ois Meienberg
Postfach, Dienerstr. 12, 8026 Zrich
Tel. direkt: +41 (0)44 277 70 04, Fax +41 (0)44 277 70 01
e-mail: food@evb.ch, www.evb.ch
Per SMS spenden เ Sende: EvB an 488
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