The Nagoya Protocol entered into force in October 2014. It provides a framework for the effective implementation of one of the three objectives of the Convention on Biological Diversity (CBD): the fair and equitable sharing of benefits arising out of the utilisation of genetic resources. It recognises that benefits derived by users of genetic resources should be shared with those who provide them, with the ultimate objective being the conservation and sustainable use of biodiversity.
If any research utilises genetic resources (identified in the project application or data management plan) we need to do an assessment to establish if the work is in scope of the regulation.
Users of genetic resources – those conducting research and development – are required to exercise due diligence to demonstrate that genetic resources and / or associated traditional knowledge (aTK) are accessed and utilised in accordance with applicable legislation of the providing country.
Process for projects
As part of data management process at award the Head of Research Governance (HRG) will send out project questionnaire and declaration forms to the PI
PI will complete forms and return to HRG. This will inform the next steps of the due diligence process.
If research is in scope HRG will report this on via DECLARE.
The documents associated with this assessment will be stored with the Worktribe project records.
The regulations in force in the UK are:
- The Nagoya Protocol (Compliance) Regulations 2015 (UK Statutory Instrument, No. 821)
- Regulation (EU) No. 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union
- Implementing Regulation (EU) 2015/1866 laying down the detailed rules for the implementation of Regulation (EU) 511/2014 as regards the register of collections, monitoring user compliance and best practices