ENB:09:65
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ACCESS TO GENETIC RESOURCES : (AGENDA ITEM 12)
Agenda Item 12 included topics under Article 15 such as national sovereignty, prior informed consent (PIC), mutually agreed terms, and facilitating access for uses that do not run counter to the objectives of the CBD. Delegates discussed this on Thursday, 7 November, in the COW using document UNEP/CBD/COP/3/20 as a basis for discussion.
During the debate on this issue in the COW, the EU and SPAIN said the FAO is the most appropriate body to develop a multilateral framework for access to ex-situ agricultural genetic resources. SWITZERLAND supported a differentiated approach according to the results of studies of contractual arrangements before the development of any new instrument. ETHIOPIA and INDIA said access considerations should include ex-situ collections made before the CBD came into force.
The PHILIPPINES said a protocol on access would be desirable, while GHANA (on behalf of African countries) called for a global PIC arrangement.
AUSTRALIA encouraged Parties to take into account the effects on indigenous and local communities. GUATEMALA, speaking also on behalf of HONDURAS and EL SALVADOR, said the role of communities must be recognized in the control of genetic resources. The BIOTECHNOLOGY INDUSTRY ORGANIZATION noted improvement to genetic resources possible through private sector innovations. Several countries called for capacity building. URUGUAY offered to host a workshop on access to genetic resources in the context of Mercosur.
A drafting group on access to genetic resources, facilitated by the Secretariat, then met to negotiate a draft decision. Disagreement focused on a preambular paragraph recognizing that classes of genetic resources may require “distinctive solutions,” and an operative paragraph urging that Article 15 is “duly reflected” in implementation of relevant articles of the Trade-Related aspects of Intellectual Property sub-agreement to the GATT (TRIPs agreement).
The decision (UNEP/CBD/COP/3/L.7): recognizes that there are a variety of approaches to managing access to genetic resources based on their diversity and other considerations; urges governments and other relevant organizations to send information on measures on access and benefit-sharing to the Secretariat prior to COP-4; requests a Secretariat’s note based on this and dissemination of it through the CHM; urges capacity building for policy and guidelines on access and benefit-sharing and urges governments to implement these in a participatory manner; urges rapid revision of the International Undertaking, in particular regarding access to ex-situ collections acquired prior to the CBD’s entry into force; and requests the Executive Secretary to cooperate closely with the WTO through the CTE to explore linkages between Article 15 and relevant articles of the TRIPs agreement.