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The Nagoya Protocol and the Access and Benefit Sharing policy
The Nagoya Protocol (implemented in the European Union by Regulation (EU) No. 511/2014) creates an international legal framework for the implementation of the Convention on Biological Diversity (CBD). The CBD has as one of its main principles the principle of national sovereignty over the biological (genetic) resources found in national territory. Each country can choose to regulate the access to them and the conditions under which they can be utilized. This may require appropriate permits from the country of origin for the collection, export and use of resources. This explicitly applies not only to commercial use, but also to non-commercial (including scientific and educational) use.
At the Blue Biotechnology and Ecotoxicology Culture Collection (LEGE-CC) we are working for the compliance with the Nagoya Protocol on the Access and Benefit Sharing (ABS) policy. It is, however, the responsibility of the user of any biological sample provided by LEGE-CC to guarantee the compliance with the ABS legislation of the country of origin of said biological material.
For more information on the Nagoya Protocol, visit the CBD on Nagoya protocol page here.
For nation to nation information on ABS status, visit the ABS Clearing House site here.
For potential depositors whose isolates fall within the scope of the Nagoya Protocol, any deposited strains at LEGE-CC must be accompanied with legal documentation such as PIC (Prior Informed Consent), MAT (Mutually Agreed Terms) or others documents previously negotiated with Competent National Authority (CNA) of the sample origin country.
Depositors have a responsibility to show due diligence to determine if the material to be deposited is within the scope of the Nagoya Protocol.
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This work was supported by “NOVOMAR - Consolidação do Centro Multipolar de Valorização de Recursos Marinhos visando Novos Usos do Mar”, no âmbito do Programa de Cooperação Transfronteiriça Espanha-Portugal - POCTEP, financiado pelo FEDER – Fundo Europeu de Desenvolvimento Regional, com a referência 0687-NOVOMAR-1-P