CrackitToday App

Nagoya Protocol on Access and Benefit-sharing (ABS)

Nagoya Protocol on Access and Benefit-sharing (ABS):

India has emerged as the global leader in biodiversity compliance, issuing 3,561 Internationally Recognized Certificates of Compliance (IRCCs), which accounts for over 56% of the total certificates issued worldwide under the Nagoya Protocol.

  • The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity (CBD). It provides a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.
  • Adopted in October 29, 2010, in Nagoya, Japan.
  • Entered into Force: October 12, 2014.
  • There are currently 141 parties to the Nagoya Protocol (including 140 UN member states and the European Union).
  • India signed the protocol in 2011 and ratified it in 2012.
  • India implements the protocol through the Biological Diversity Act, 2002, and the Biological Diversity Rules, 2004.
  • The National Biodiversity Authority (NBA), headquartered in Chennai, acts as the primary body.
  • Key Features:
    • It Creates predictable conditions for access to genetic resources, ensuring Prior Informed Consent (PIC) is obtained from the provider country.
    • It Ensures that benefits (monetary or non-monetary) are shared fairly with the provider country based on Mutually Agreed Terms (MAT).
    • It Requires parties to take measures to ensure that genetic resources utilized within their jurisdiction have been accessed in accordance with the provider country’s laws.
    • It Covers traditional knowledge associated with genetic resources held by indigenous and local communities.
    • An IT platform for exchanging information to help implement the protocol.

Internationally Recognized Certificates of Compliance (IRCCs):

  • An IRCC is an electronic permit generated through the ABS Clearing-House that serves as official evidence that a user has legally accessed a genetic resource.
  • It proves that Prior Informed Consent (PIC) was granted and Mutually Agreed Terms (MAT) were established between the user (e.g., a researcher or company) and the provider (e.g., a local community or national government).