Nagoya Protocol : Where are we?
5th Pan-African Workshop
Marrakech, 30 January- 4 February 2011
Union for Ethical BioTrade
• UEBT is a non-profit association that promotes the "Sourcing
with Respect” of ingredients that come from native
biodiversity.
• Members commit to gradually ensuring that their sourcing
practices promote the conservation of biodiversity, respect
traditional knowledge, and assure the equitable sharing of
benefits all along the supply chain.
• The commitment is externally verified, using the Ethical
BioTrade standard as the basis to measure progress. The
standard is based on the BioTrade principles and criteria and
encompasses the objectives of the CBD.
Some UEBT Members
Swazi Indigenous Products
* Serdex – Division Bayer Healthcare
Union for Ethical BioTrade
• Promote.
o Beauty of Sourcing with Respect annual conference
o Biodiversity Barometer
o Press and company outreach
• Recognize.
o Ethical BioTrade standard
o Independent verification
o Impact measurement
• Facilitate.
o Business support
o Community trading grants
A (complementary) perspective
 Context
o ABS and companies using natural
ingredients in food and cosmetics
sector
 Assessing the Nagoya outcomes
o Impressions, questions, concerns
 Looking ahead: Putting in practice ABS
www.ethicalbiotrade.org
•
UEBT
documents,
including
standard, policies
and procedures
•
ABS information
for business
•
Videos on ABS,
patents
ABS and natural ingredients
“… fragrance and flavour companies actively search out
innovative new ingredients in nature, in particular the
ingredient supply companies, and – as with many
companies in the botanicals sector – they don’t feel any
need to sign agreements, pay royalties, or otherwise
provide benefits. Most have never even heard of the
CBD.”
Laird and Wynberg (2008)
Does your company ABS?
 Lack of awareness outside leaders in
sustainability
 No clarity on legal and conceptual basis, scope,
responsibilities
 Limited national legislation, few operational
systems
 Little guidance – no practical tools!
 Risks of engagement
68% CGEN requests
Assessing the Nagoya outcomes
Nagoya Protocol on ABS
 Approach and provisions
o International, legally-binding rules
o Broader, more defined scope
o More clarity on procedures for
access and benefit sharing
o New implementation mechanisms
A more level
playing field?
 Starting point for awareness
raising, capacity building and
best practices.
Nagoya Protocol on ABS
 What exactly is covered by “utilization of genetic resources?”
 How will these provisions apply to existing use of
biodiversity?
 Will these provisions be clear and
operational in their implementation?
 How will ABS be promoted, mainstreamed and
coordinated?
 What are the risks and benefits of early adoption?
“Utilization of genetic resources”
Genetic
modification
Breeding and
propagation
R&D on gene
products (RNA,
proteins)
Biosynthesis
R&D on primary
and secondary
metabolites
R&D on
biochemicals
ABS
Use of plant oils
and extracts
Biological resources used as
commodities
“Utilization of genetic resources”
 Research and development on all biochemical
compounds? Are alcoholic extracts and other
compounds that do not contain DNA really excluded?
 What research and development? What level of
innovation? Could there be technological criteria?
Would use of synthetic or natural ingredients matter? Do
other factors have an impact?
 And then came others: What of subsequent companies,
benefiting from initial R&D? Or new products based on
well-known uses?
“Utilization of genetic resources”
 How do access requirements apply along a supply
chain? When does ABS become applicable and how are
the responsibilities determined among the different
actors?
 When is there “utilization of traditional knowledge?” Is
any traditional knowledge linked to the resource relevant
for ABS? What are factors of relevance? Direct access?
Link with properties of product or active ingredients? Use
in marketing claims?
New access, new use, new benefits?
 How will such differences be reflected in terms of
requirements linked to access and/or
requirements linked to benefit sharing?
 If access and benefit sharing requirements are
not always linked, what should be discussed with
whom and when? Is there benefit sharing
without mutually agreed terms?
 Problems with traceability of research material,
ex-situ resources, consideration of traditional
knowledge
 Addressing different types of benefits – as well as
investments and risks
New access, new use, new benefits?
 How will the global benefit sharing mechanism
work? When would it become operational?
Where do we sign up?
 What are the suggested approaches, tools for
different stakeholders in various circumstances?
 What will be level of coordination among provider
and user countries? What guidance, support and
facilitation will be provided for compliance?
Looking ahead:
Putting ABS into practice
Implications for cosmetics, food sectors
 Reaffirmation of importance of ABS
 More interest, scrutiny of ABS practices
 Review policies and practices across company
 Responsibilities and demands along the supply chain
 Other issues: Patents, reporting on ABS
 Chance for pro-active engagement of private sector?
 Risks or opportunities for early adopters?
Implications for implementation?
• Importance of understanding situation on the ground
• Further clarification of key concepts
• A supply-chain perspective
• Consideration of different types of uses, stakeholders,
sectors
• Support for practical tools, approaches, incentives
• Importance of standards, best practices for gaps in
Nagoya Protocol
Implications for implementation?
• Existing as well as new supply chains
• Coordination, collaboration
• Engagement and partnership with private sector,
particularly front-runners
• Transition – What do to in the meantime, what do do
when provisions enter in force
• “Implement” and “implement”
Thank you.