National Issues Forum_Master & Wielding Convention on Biological Diver

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ABS Basics for Botanic Gardens:

ABS Basics for Botanic Gardens Kate Davis Consultant/ABS Advisor, BGCI kathrynkdavis1@gmail.com Everyday Magic - Denver 2014 APGA National Issues Forum: Mastering and Wielding the Convention on Biological Diversity for your Garden Thursday 26 June 2014

Outline:

Outline Convention on Biological Diversity (CBD) basics Nagoya Protocol basics International responses Botanic garden responses Implementation at your garden © K.Davis

CBD in < 3 minutes:

CBD in < 3 minutes Objectives: conservation, sustainable use, fair and equitable benefit-sharing from utilization of genetic resources (GRs) Scope: diversity within species, between species and of ecosystems… Vast ! (But not human GRs) Sovereign rights and responsibilities: national policies and legislation Strategic Plan, Aichi Targets, programmes & issues incl. GSPC… Governing body: Conference of the Parties (COP); meets every 2 yrs © K.Davis

CBD Parties:

CBD Parties CBD Non-Parties CBD Parties

Access and Benefit-Sharing in the CBD:

Access and Benefit-Sharing in the CBD Access laid out in Article 15… Prior informed consent (PIC) of the provider country Mutually agreed terms (MAT) Fair and equitable benefit-sharing Not much detail - many different national responses - little clarity (PIC?) -> Bonn Guidelines © K.Davis

Nagoya Protocol on ABS:

Nagoya Protocol on ABS Objective: fair and equitable benefit-sharing (thereby contributing to conservation and sustainable use…) Focuses on utilization: R&D Covers associated traditional knowledge Excludes GRs covered by specialised treaties; n ot designed for commodities Could come into force this October

Progress towards ratification:

Progress towards ratification CBD parties NP signatures NP ratification NP ratification (EU) June 2014: 13 more ratifications needed before the NP comes into force

Clarity and information :

Clarity and information If countries require PIC for access: they need to provide legal certainty, clarity, fair rules, information, and a permit as evidence of PIC & MAT ABS national focal points and competent national authorities ABS Clearing House Countries should simplify access for non-commercial research (though need to address change of intent) © RBG Kew © K. Davis

Compliance and monitoring:

Compliance and monitoring Parties need to make sure GRs utilized in their jurisdictions were accessed with PIC and that MAT were established, and need to monitor utilization , using: Checkpoints Provide info on PIC & MAT, source, use Patent offices? Research funding agencies? Collections? Certificates of compliance (permits) Minimum information, including PIC info provider and recipient Posted on ABS Clearing House; trackable http://la.indymedia.org

Sectoral measures:

Sectoral measures Parties should encourage, and COP should periodically take stock of the use of, sectoral and cross-sectoral… Model contractual clauses for MAT Voluntary codes of conduct, guidelines, best practices and/or standards

Nagoya implications:

Nagoya implications New laws, new procedures, new permits, and ‘user country’ measures – a patchwork Greater use of formal agreements Need to track – provider, PIC, MAT, use, benefits Non-commercial/commercial divide More pressure on collections But a contract is a contract, regardless of CBD/Nagoya status and national laws – honour commitments made in permits, MTAs etc.

Regional/national responses:

Regional/national responses Re-examining current laws and existing agreements Different definitions (e.g. access) and approaches New European Union regulation Register of collections Register of best practices © K. Davis © K. Davis

Botanic garden responses:

Botanic garden responses Principles on ABS a framework to help gardens develop an appropriate policy for their circumstances International Plant Exchange Network (IPEN) a code of conduct and facilitated exchange system for non-commercial use New: CETAF Code of Conduct and Best Practice Designed for European taxonomic facilities to comply with Nagoya and new EU regulation Package: code of conduct, best practice, use statement, MTA, draft templates for PIC and MAT (for countries of origin) Updates/builds on the Principles APGA CBD Statement of Good Faith

PowerPoint Presentation:

electronic images (available to researchers outside the institution) anatomical specimens purified DNA (in DNA bank) genetic info live seeds wild plant cryopreserved seeds (in seed bank) Other seed banks Reintroduced to wild other samples & compounds Living collections in garden taxonomic data, trees of life, species barcodes databases e.g. GenBank , BOLD Propagation/breeding duplicates to other herbaria Progeny in own & other collections Herbarium specimens data for conservation assessments, maps etc © K. Davis silica-dried material

ABS implementation in your garden: Building and keeping trust:

ABS implementation in your garden: Building and keeping trust Know your garden: collections, activities, partners Develop a policy suitable for your garden’s work Follow the laws and get your PIC & permits Know the terms (from permits/agreements/MTAs) Track the terms (& use, transfer, benefits) Train your staff and inform your partners & public Share benefits! Upfront partnerships and global knowledge-sharing benefits as well as benefits that might arise later Use imagination, share ideas, and tell the world…

Thank you!:

Thank you! kathrynkdavis1@gmail.com Links to ABS tools & resources for botanic gardens: www.bgci.org/resources/abs (soon to include a guide to the Nagoya Protocol)

Supply of plant material to various third parties (‘To which parties does your institution supply plants/specimens/samples?’) percentage of gardens that answered supply questions, by global region and across all regions:

Supply of plant material to various third parties (‘ To which parties does your institution supply plants/specimens/samples ?’) percentage of gardens that answered supply questions, by global region and across all regions

Inclusion of ABS in botanic garden policies (‘Is ABS addressed in any of your institution’s policies?’) by global region, international involvement and across all regions:

Inclusion of ABS in botanic garden policies (‘ Is ABS addressed in any of your institution’s policies ?’) by global region, international involvement and across all regions

Tracking of transfers to third parties (‘With regard to permanent collections (and not seasonal displays): does your institution track plants/specimens/samples when they are transferred to third parties?’) percentages by global region, international involvement, and across all regions:

Tracking of transfers to third parties (‘ With regard to permanent collections (and not seasonal displays): does your institution track plants/specimens/samples when they are transferred to third parties ?’) percentages by global region, international involvement, and across all regions

Use of Material Transfer Agreements by gardens (‘Does your institution use MTAs to communicate terms of use for material?’) percentages by global region, international involvement and across all regions:

Use of Material Transfer Agreements by gardens (‘ Does your institution use MTAs to communicate terms of use for material ?’) percentages by global region, international involvement and across all regions

Linkage of permits/agreement terms to collection records (‘Are collecting permits/benefit sharing agreements (or links to those documents) attached to collection records for appropriate accessions?) percentages by global region, international involvement and across all regions:

Linkage of permits/agreement terms to collection records (‘ Are collecting permits/benefit sharing agreements (or links to those documents) attached to collection records for appropriate accessions ?) percentages by global region, international involvement and across all regions

Regional divisions used in survey using 2012 OECD Development Assistance Committee List of Overseas Development Assistance Recipients (http://www.oecd.org/dac/stats/daclist):

Regional divisions used in survey using 2012 OECD Development Assistance Committee List of Overseas Development Assistance Recipients (http://www.oecd.org/dac/stats/daclist )

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