The Negotiations on the International Regime on Access and Benefit-

Sharing within the framework of the

Convention on Biological Diversity

Outline

1. What is Access and Benefit-sharing (ABS)?

2. Negotiations of the International Regime

3. How can countries from your region contribute to the process?

Provisions of the CBDObjectives of the CBD:• Conservation of biological diversity• Sustainable use of its components • Fair and equitable sharing of the

benefits arising out of the utilization

of genetic resources

Provisions of the CBD

Article 15 of the CBD• Sovereign rights of States over natural resources• Parties to facilitate access to genetic resources• Access subject to prior informed consent and

granted on mutually agreed terms• Parties to take measures to share benefits from

the utilization of genetic resources, on MAT

Provisions of the CBDArticle 8 (j)• Promotion of traditional knowledge and equitable sharing of benefits

arising from the utilization of such knowledge, innovations and practices

Articles 16 (3)• Priority access to technologies for Parties providing genetic

resources

Article 19 (1) (2)• Effective participation in biotechnological research activities for

Parties providing genetic resources• Access to the results and benefits

arising from biotechnologies based upongenetic resources provided by these Parties

Main ABS developments

• CBD entry into force (1993)• COP IV Panel of Experts on ABS (1998)• COP-V Open-ended Working Group on ABS (2000)• COP-VI Bonn Guidelines on Access to Genetic Resources and Fair and

Equitable Sharing of Benefits Arising out of their Utilization (2002) • World Summit on Sustainable Development (WSSD) Political Mandate

for international regime on ABS (Johannesburg, 2002)• COP-VII WG-ABS mandated to work on international regime on ABS

(2004) • COP VIII renewed WG-ABS mandate and established 2010 deadline for

completion (2006)• COP IX decided on detailed calendar of negotiations to 2010 and

identified outstanding issues for further work (2008)

Bonn Guidelines, 2002

COP 6 - Voluntary guidelines to assist Governments and stakeholders:

Establishing legislative, administrative or policy measures on access and benefit-sharing

Negotiating contractual arrangements for access and benefit-sharing

Only instrument currently approved by consensus

World Summit on Sustainable Development (WSSD), Johannesburg, 2002

WSSD Plan of Implementation:

• Par. 44 (o) calls for action to “negotiate within the framework of the Convention on Biological Diversity, bearing in mind the Bonn Guidelines, an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources.”

International Regime: Mandate

International Regime (decision VII/19D)

Mandate: Working Group on ABS with collaboration of the Working Group on 8(j) to negotiate an international regime on access and benefit-sharing with the aim of adopting an instrument/instruments to implement the provisions in Articles 15 and 8(j) and the three objectives of the Convention (par. 1 of decision VII/19D)

International Regime: Terms of Reference

Terms of Reference of WG-ABS (decision VII/19D, Annex)

• Nature one or more instruments legally-binding or non-binding

• Scope Access to genetic resources and sharing of benefits Traditional Knowledge in accordance with Article 8(j)

• Elements Consider list of possible elements for inclusion in the regime listed in

decision VII/19D, Annex

International Regime: Terms of Reference

Terms of Reference of WG-ABS (decision VII/19D, Annex)

• Main elements of the International Regime in annex to decision VII/19D

- Benefit-sharing - Access- Measures to support compliance with PIC and MAT - Traditional knowledge - Monitoring, enforcement and dispute settlement - Measures to facilitate implementation of the regime - Others

Process

COP 8 - Decision VIII/4 A: • WG-ABS to complete its work before

COP 10 in 2010• Designation of co-chairs

• Tim Hodges (Canada)• Fernando Casas (Colombia)

Process

COP-9 Decision IX/12 on ABS: Roadmap to finalize the International Regime

3 meetings of the WG-ABS: - WG-ABS 7: 2-8 April 2009, Paris, France- WG-ABS 8: 9-15 November 2009, venue to be confirmed- WG-ABS 9: 18-24 March 2010, venue to be confirmed

3 legal and technical expert groups (ToR, Annex II to decision IX/12):- TEG on concepts, terms, working definitions and sectoral approaches: 2-5 December 2008, Windhoek, Namibia- TEG on compliance: 27-30 January 09, Tokyo, Japan- TEG on Traditional knowledge associated to genetic resources: 16-19 June 09, India

Process

COP-9 Decision IX/12 on ABS: Roadmap to finalize the International Regime

• Basis for negotiations: Annex 1 to COP-9 decision

• Timeline: international regime to be adopted at COP-10 in Nagoya, Japan (October 2010)

How can countries from your region contribute to the process?

• Participation in meetings• WG-ABS meetings• TEG meetings (nominate experts)

• Written contributions to meetings• WG-ABS meetings• TEG meetings

Thank you for your attention!