Assessment and review

Article 31 of the Nagoya Protocol provides that the Conference of the Parties serving as the meeting of the Parties to the Protocol undertake, four years after the entry into force of the Protocol and thereafter at intervals determined by the Conference of the Parties serving as the meeting of the Parties to the Protocol, an evaluation of the effectiveness of the Protocol.

With the entry into force of the Nagoya Protocol on 12 October 2014, the Conference of the Parties serving as the meeting of the Parties to the Protocol carried out the first assessment and review of the Protocol at its third meeting, which was convened from 17 to 29 November 2018.

Elements to be included in the first assessment and review of the Protocol and sources of information


In view of the third meeting of the COP-MOP, the Executive Secretary proposed a methodology to conduct the first assessment and review of the effectiveness of the Protocol, in accordance with Article 31. At its second meeting, the COP-MOP considered this methodology and adopted decision NP-2/4, in which it decided on the elements to be included in the first assessment and review and on the sources of information to be used for assessing each of the elements. The elements and sources were included in annex to the decision, as follows:

Element Source of information
(a) Extent of implementation of the provisions of the Protocol and related obligations of Parties, including assessment of progress by Parties in establishing institutional structures and access and benefit-sharing measures to implement the Protocol Interim national reports
Access and Benefit-sharing Clearing-House
National reports under the Convention
National biodiversity strategies and action plans
Possible targeted survey of focal points and/or users
(b) Establishment of a reference point to measure effectiveness Interim national reports (questions 13, 15, 16, 18, 24, 35, 46)
Access and Benefit-sharing Clearing-House
(c) Establishment of a reference point on support available for implementation Interim national reports (questions 56, 57, 61, 62, 63)
Access and Benefit-sharing Clearing-House
Information on capacity-building projects and resources
(d) Assessment of effectiveness of Article 18 (extent of implementation) Interim national reports (questions 31-34)
(e) Assessment of implementation of Article 16 in light of developments in other relevant international organizations, including, inter alia, the World Intellectual Property Organization (WIPO) Interim national reports (question 25)
Reports of, inter alia, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
(f) Stock-taking of the use of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures Interim national reports (questions 42 and 51-53)
Access and Benefit-sharing Clearing-House
Possible targeted survey of focal points and/or users
(g) Review of implementation and operation of the Access and Benefit-sharing Clearing-House, including number of ABS measures made available; number of countries that have published information on their competent national authorities; number of internationally recognized certificates of compliance that have been constituted and number of checkpoint communiqués published Interim national reports (question 3)
Access and Benefit-sharing Clearing-House, including information on the use of the help function/dialogue box
Reports of meetings of the informal advisory committee on the Access and Benefit-sharing Clearing-House
Possible targeted survey of focal points and/or users