ABS aspects of the Moorea Biocode Project

Case Study - French Polynesia

Sabine Brels R. Gump South Pacific Research Station, Moorea, French Polynesia

Two legal considerations: 1. ABS

2. Protected species

At three levels:1. International - Related conventions

2. Local - French Polynesia legislation

3. Specific - Biocode Project agreements

1. ABS Considerations

• International CBD: France Party - French Polynesia autonomous Status, 2004

• French Polynesia (FP) Competence to adopt ABS legislation (environment in general)

No ABS legislation for the moment (draft text 2006 - IRD study)

• Biocode Project

PIC: FP agreements with the Gump station & foreign researchers

MAT: Memorandum of Understanding (MOU) under discussion

ILCs: Partnership with Community Based Organization in FP

2. Protected Species

• International CITES (Washington, 1973): Import/export permits for listed species

Specific derogation for accredited scientific research institutions

• French Polynesia

CITES applicable since recently (Ordinance of 5 June 2008)

Specific legislation to protect listed local species (access, export)

• Biocode Project CITES accreditation for the Biocode consortium members

Protected species in FP accessed via ex situ collections or permits

Conclusions

• No ABS legislation implementing CBD in FP – nor in France…

• Access regulated by FP legislation protecting local species (permits)

• Benefit sharing : Voluntary MOU: code of conduct referring to CBD

Obligations to mention origin of FP & share non-monetary benefits

- 4 principles:

1- Non commercial use of Biocode material (specimens & DNA)

2- Commercial use if additional binding contract signed with FP

3- Transfer facilitated between Biocode consortium members

4- Transfer to bona fide third parties under MOU conditions

• FP government & ILCs rights respected with cooperative agreements

Why not showing the way without being obliged to do so?

THANK YOU VERY MUCH!