Global multilateral benefit-sharing mechanism

Article 10 addresses issues that could not be resolved during the negotiation of the Protocol and for which further discussion was required. Through online discussions and expert meetings, the Parties have been exploring the different aspects of Article 10, identifying areas of common understanding and areas where further examination is necessary.

Article 10 of the Protocol states that “Parties shall consider the need for and modalities of a global multilateral benefit-sharing mechanism to address the fair and equitable sharing of benefits derived from the utilization of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared by users of genetic resources and traditional knowledge associated with genetic resources through this mechanism shall be used to support the conservation of biological diversity and the sustainable use of its components globally.”

COP-MOP Decisions
  • Decision NP-3/13 on a Global multilateral benefit-sharing mechanism (Article 10)
  • Decision NP-2/10 on the need for and modalities of a global multilateral benefit-sharing mechanism (Article 10)
  • Decision NP-1/10 on the need for and modalities of a global multilateral benefit sharing mechanism (Article 10)

Relevant Documents
  • Global multilateral benefit-sharing mechanism (Article 10) of the Nagoya Protocol - CBD/SBI/2/5
  • Report of the Expert Group Meeting on Article 10 of the Nagoya Protocol on Access and Benefit-sharing - UNEP/CBD/NP/COP-MOP/2/10

ICNP Recommendations

2017-2018 Intercessional Period

Submissions on Article 10 of the Nagoya Protocol pursuant to decision NP-2/10

In decision NP-2/10, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol invited Parties and others to submit information on different aspects related to Article 10 of the Protocol as follows:

  • Indigenous peoples and local communities were invited to submit information on the implementation of the provisions of the Protocol related to traditional knowledge associated with genetic resources held by indigenous peoples and local communities (paragraph 3);

  • Parties, other Governments, indigenous peoples and local communities and stakeholders, including ex situ collections, were invited to submit information, including practical experiences, if any, on situations in which it is not possible to grant or obtain prior informed consent in relation to in situ or ex situ genetic resources and associated traditional knowledge (paragraph 4); and

  • Parties, other Governments, indigenous peoples and local communities and stakeholders were invited to submit views on the way forward in relation to Article 10 (paragraph 5).

The Secretariat invited the submission of views and information further to decision NP-2/10 through notification 2017-094. The submissions received by the Secretariat in response are available below.

Parties to the Nagoya Protocol and other Governments

Organizations and stakeholders

2019-2020 Intercessional Period

In decision NP-3/13 on the global multilateral benefit-sharing mechanism, the Parties to the Protocol considered that more information would assist in the consideration of Article 10.

The COP-MOP invited Parties, other Governments, indigenous peoples and local communities, relevant stakeholders and organizations to submit to the Executive Secretary: (a) information on specific cases which may support the need for a global multilateral benefit-sharing mechanism that are not covered under the bilateral approach, accompanied by an explanation as to why such cases cannot be covered under the bilateral approach set out in the Nagoya Protocol; and (b) options for possible modalities for addressing those cases, including through a global multilateral benefit-sharing mechanism.

Furthermore, COP-MOP requested the Executive Secretary to commission, subject to availability of resources, a peer-reviewed study to identify specific cases of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent.

The study and the compilation and synthesis of the information submitted will be considered by the Subsidiary Body on Implementation, at its third meeting, with a view to make a recommendation on the way forward to the next meeting of the Parties to the Protocol.

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Developments since the entry into force of the Protocol

COP-MOP 3 (November 2018)

At its third meeting, COP-MOP considered recommendation 2/4 by the Subsidiary Body on Implementation (SBI) and adopted decision NP-3/13 on the global multilateral benefit-sharing mechanism.

In the decision, the Parties to the Protocol considered that more information would assist in the consideration of Article 10. The COP-MOP invited Parties, other Governments, indigenous peoples and local communities, relevant stakeholders and organizations to submit to the Executive Secretary: (a) information on specific cases which may support the need for a global multilateral benefit-sharing mechanism that are not covered under the bilateral approach, accompanied by an explanation as to why such cases cannot be covered under the bilateral approach set out in the Nagoya Protocol; and (b) options for possible modalities for addressing those cases, including through a global multilateral benefit-sharing mechanism.

Furthermore, COP-MOP requested the Executive Secretary to commission, subject to availability of resources, a peer-reviewed study to identify specific cases of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent.

The study and the compilation and synthesis of the information submitted will be considered by the Subsidiary Body on Implementation with a view to make a recommendation on the way forward to the next meeting of the Parties to the Protocol.

COP-MOP 3 Decisions and Relevant Documents

Second meeting of the Subsidiary Body on Implementation (July 2018)

The second meeting of the Subsidiary Body on Implementation (SBI) considered a note by the Executive Secretary summarizing information on Article 10 of the Nagoya Protocol as requested by decision NP-2/10. SBI agreed to recommendation 2/4 containing a decision on this matter for consideration by the third meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP-MOP 3). The decision contains a number of outstanding issues in square brackets that will require further discussion at COP-MOP 3 in Egypt in November 2018.

Relevant Documents
  • Global multilateral benefit-sharing mechanism (Article 10) of the Nagoya Protocol - CBD/SBI/2/5

COP-MOP 2 (December 2016)
At its second meeting, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP) considered the report of the expert meeting and adopted decision NP-2/10. In the decision, the COP-MOP invited Parties and others to submit information on different aspects related to Article 10. The COP-MOP also invited Parties, other Governments, indigenous peoples and local communities and stakeholders to submit views on the way forward in relation to Article 10. The information is to be considered by the Subsidiary Body on Implementation (SBI) and COP-MOP 3. The decision also requested SBI to explore the need for a global multilateral benefit-sharing mechanism and make recommendations for consideration by COP-MOP 3.

COP-MOP 2 Decisions and Relevant Documents

  • Report of the Expert Group Meeting on Article 10 of the Nagoya Protocol on Access and Benefit-sharing - UNEP/CBD/NP/COP-MOP/2/10

Expert meeting (February 2016)

An expert group on Article 10 of the Nagoya Protocol met from 1 to 3 February 2016 and considered a study on experiences gained with the development and implementation of the Nagoya Protocol and other multilateral mechanisms and processes as well as the synthesis of views submitted pursuant to decision NP-1/10. Through its discussions, the expert group reached a number of conclusions and possible next steps for consideration by COP-MOP 2.

COP-MOP 1 (October 2014)
At its first meeting, the COP-MOP adopted decision NP-1/10 on 'the need for and modalities of a global multilateral benefit-sharing mechanism (Article 10)'. The decision invited the submission of views on a number of topics relevant to Article 10 of the Protocol and requested the Executive Secretary to commission a study. The decision also called for the convening of an expert meeting to review a synthesis of the views submitted and the commissioned study with a view to reaching a common understanding on the areas requiring further examination as identified in the report of the September 2013 expert meeting. The outcomes of this work were to be submitted for consideration by COP-MOP 2.

COP-MOP 1 Decisions and Relevant Documents

Developments prior to the entry into force of the Protocol

Prior to entry into force of the Protocol, an interim body, the Intergovernmental Committee for the Nagoya Protocol (ICNP), was established by the Conference of the Parties (COP) to the Convention on Biological Diversity (decision X/1) to undertake the preparations for the first meeting of the Parties to the Protocol.

ICNP-3 (February 2014)
At its third meeting, the ICNP considered the report of the expert meeting and recommended a draft decision for adoption by the first meeting of the COP-MOP (recommendation 3/3).

ICNP-3 Recommendations

Expert meeting (September 2013)

An expert meeting was held in September 2013. It reviewed a synthesis of the online discussions, identified a number of areas of common understanding and also identified areas for further examination.

Online discussions (April-May 2013)

The broad consultation requested by decision XI/1 B was conducted in April and May 2013 through online discussion groups convened through the ABS Clearing-House and structured around the questions in Annex I to decision XI/1.

COP-11 (October 2012)

The eleventh meeting of the Conference of the Parties, in decision XI/1 B, decided on a process which included a request to the Executive Secretary to conduct a broad consultation on Article 10 and an invitation to Parties and stakeholders to contribute to the consultation by submitting their views on the issue bearing in mind a list of questions set out in part A of annex I to the decision, as well as other perspectives on the matter, in particular the questions contained in Part B of the annex. Furthermore, COP-11 requested the Executive Secretary to synthesize the views received for the consideration of an expert group. The expert group was to submit the outcomes of its work for consideration by the third meeting of the ICNP.

ICNP-2 (July 2012)
Article 10 was considered for the first time following the adoption of the Protocol by the second meeting of the Intergovernmental Committee for the Nagoya Protocol. In preparation for the meeting, the Executive Secretary prepared a synthesis of views and information (documents UNEP/CBD/ICNP/2/7 and UNEP/CBD/ICNP/2/7/CORR1) submitted by governments and stakeholders to assist the ICNP in its consideration of this issue. In recommendation 2/3, the ICNP put forward a draft decision for the consideration of the eleventh meeting of the Conference of the Parties setting out possible activities to further advance the consideration of this issue.

ICNP-2 Recommendations