Tandem Workshop for National Focal Points to the...
24
Tandem Workshop for National Focal Points to the International Treaty and ABS Henry de Novion Rosa Miriam de Vasconcelos
Transcript of Tandem Workshop for National Focal Points to the...
Tandem Workshop for National Focal Points to the International
Treaty and ABS
Henry de Novion
Rosa Miriam de Vasconcelos
Henry Philippe Ibañez de Novion, Biologist, Msc.
- Works with ABS and ILCs rights issues since 2001;
- 2003-2009 Civil Society Representative in CGEN – National ABS Council;
- Since 2009 at Ministry of the Environment;
- Head of the Regulatory and Benefit Sharing Division of the Department of Genetic Heritage – DPG/MMA.
My presentation
The Department of Genetic Heritage (DPG) – 2002
- Secretariat for the ABS National Competent Authority (CGEN).
Created by the Provisional Act 2.186-16/2001
Main Provisions of the Provisional Act 2.186-16/2001
- Requires CGEN authorization for access to GR and TK for the purpose of SR, BIO and TD.
- Requires PIC from ILC to access their GR and/or ATK.
- Requires BS to any economic use of product and process resulting from access to GR and TK to be paid to the providers.
- Requires the signing of Benefit Sharing contracts and their submission to CGEN.
The CGEN - COUNCIL
- Grant authorizations, implement national policies on access to GR and TK, and develop technical and administrative activities for providing or denying access.
- Continuous improvement of the national ABS framework, by the approval of norms (Resolutions and Technical Orientations).
The ABS System (CGEN and accredited bodies) has approved:
- 41 Resolutions and 9 Technical Orientations; - 358 ex situ public collections were certified; - 1314 access authorizations; and - 98 ABS agreements (75 since 2012)
Ministries MMA
MinC
MCTI MS
MAPA
MD
MJ
MDIC
MRE
CGEN
Scientífic Institutions
INPA
FIOCRUZ
EMBRAPA
IEC
JBRJ
CNPq
SBPC
Others
FUNAI FCP
INPI IBAMA
Local Communities NGOs Business Sectors
The National Environment Institute (in 2003)
The National Research Council (in 2009)
The National Institute for Historical and Imaterial Heritage (in 2011)
Other National Competent Authorities
Rosa Miriam de Vasconcelos, Lawyer, PhD by the Queensland University – Australia
- Focus on access to genetic resources and traditional knowledge and benefit sharing;
- Working since 1981 at Brazilian Agricultural Research Corporation – Embrapa, as Coordinator for Regulatory Afairs
My presentation
Presentation of the Brazilian Agricultural Research Corporation - Embrapa
Established in 1973
Employees: 9,342
Total scientists: 2,253
Researchers with PhD: 1,941
Budget: US$ 1 billion
To provide research, development and innovative solutions for sustainable agriculture for the benefit of society.
Embrapa Units
Embrapa – International Operations
- Projects of Knowledge Exchange in 7 countries - Projetcs of Technical Cooperation in 16 countries
Embrapa - Coordination of National Agricultural Research System (SNPA)
SNPA is made up of public, federal
and state level institutions,
universities, private companies
Presentation of the Brazilian Agricultural Research Corporation - Embrapa
In charge of the implementation and operationalization of the MLS.
Leading user of Brazilian genetic resources.
Internalization: CBD, Nagoya and ABS provisions
- CBD signed (1994), status of law (1998), National Legislation (2000)
- Brazil was a key negotiator and one of the first countries to sign the Nagoya Protocol in February of 2011.
- The Federal Government has submitted the text of the NP to the National Congress in June of 2012.
- National ABS System already complies with the main Nagoya Protocol provisions.
Nagoya Protocol Requirements complied
- National ABS Legislation (Art. 6)
- Competent national authorities (CGEN, IBAMA, IPHAN, CNPq) (Art. 13.2)
- PIC and MAT requirements (Art. 6 (GR) Art. 7 (TK))
- Benefit Sharing measures for ILC (Art. 6)
- Criteria & processes for obtaining PIC and MAT (Art. 6)
- Simplified measures for non-commercial research (Art. 8)
- Model contractual clauses for benefit-sharing (Art. 12.3 c, 18 and 19)
Nagoya Protocol Requirements complied cont.
Direct benefits towards the conservation and the sustainable use (Art. 9)
Support the development by ILC of Community protocols (Art. 12.3 a)
No restriction to the customary use and exchange of GR and ATK within and amongst ILC (Art. 12.4)
Measures to raise awareness and Capacity strengthening Art 21 and 22
Designated checkpoint (Art. 17 INPI)
Measures to address situations of non-compliance (Art 15, 16 & 18.)
Nagoya Protocol Challenges
Designation of more checkpoints (Art. 17 NP)
To address the fair and equitable sharing of benefits in Transboundary situations (Art 10 NP).
Transboundary Cooperation for both GR and TK (Art . 11 NP).
Develop a Benefit-sharing Clearing-House (Art. 14 NP).
Develop an ABS compliance system for Brazil as an user of “exotic” GR and TK (Art 15 & 17 NP).
Nagoya Protocol - Challenges
Measures to address situations of non-compliance and to cooperate in cases of alleged violation of domestic abs legislation (Art. 15 and 16)
Distinctive solutions related to genetic resources for food and agriculture (Art. 8).
Technology transfer, collaboration and Cooperation (Art. 23)
National legal framework Reform in order to facilitate the use of GR and TK and to promote BS
Nagoya Protocol - Challenges
The core elements of regulatory reform should be:
- Lower transaction costs; - Increased legal certainty; - Clearer and easier procedures; - More transparency for both providers and users; - Incentives to promote investment in science and technology
Other Essential improvements should be:
- Quick and electronic registration procedures for applied R&TD;
- Mutual Agreed Terms should be required prior to the marketing of any product deriving from access;
Internalization: International Treaty on Plant Genetic Resources for Food and Agriculture
Approved: in 2006 by the Brazilian Parliament through
Statute nº 70
Enacted: in 2008 by Decree nº 6.476
1. MLS:
Facilitated exchange the sample of crops included in Annex I is guaranteed by the Provisional Act 2.186/2001 (Art 19, pa. 2)
Inclusion of 2,377 accessions of four different collections maintained by Embrapa
Implementation: International Treaty on Plant Genetic Resources for Food and Agriculture
2. Farmers’ Rights: Although Brazil has not yet passed specific legislation regulating farmers’ rights some rights are covered by different legislations:
Traditional Knowlege (Provisional Act n. 2.186-16/01)
Farmers’ rights to participate in decision-making processes: the agricultural policy (Law nº 8.171/91) includes among its goals the actual participation of all rural stakeholder groups in the definition of the course of the Brazilian agriculture
Farmers’ rights to save, use, exchange or sell seed or propagating material they save: these rights area granted by Brazilian Seed Law (Law nº 10.711/03) and the Law for cultivars protection (Law nº 9.456/97)
Implementation: International Treaty on Plant Genetic Resources for Food and Agriculture
Challenges: International Treaty on Plant Genetic Resources for Food and Agriculture
Consolidate the legislation related to the implementation of the Treaty
Brazilian ABS law does NOT establish a special regime for non-Annex I crops. In this particular, Brazil is of the view that all the genetic resources for food and agriculture, not just plant, should be addressed by one particular instrument, which would consider the special features and distinct needs of the agriculture sector
Ways and means to address the Challenges
- In order to incorporate the Nagoya Protocol - The current phase of ABS policy development in Brazil includes seeking ratification of the NP by Congress and its incorporation into national law
- For the full implementation of the NP and the Plant Treaty an inter-ministerial discussions on two specific bills for submission to Congress were settled.
- 2 Bill proposals are finalized at the Federal level and in the verge of being sent to Congress for approval
