What has been done on digital sequence information on genetic resources

COP 15 and COP-MOP 4 (December 2022)

Pursuant to decision 14/20, the Ad Hoc Technical Expert Group met virtually in March 2020 and its outcomes were considered by the Open-ended Working Group on the Post-2020 Global Biodiversity Framework at its third meeting (parts I and II). A draft decision on “digital sequence information on genetic resources” for consideration by the Conference of the Parties at its fifteenth meeting was developed in the recommendation coming out of the third working group and was then further developed at the fourth and fifth meetings of the working group. The iterations of the draft decision took into consideration the outcomes of the work of the Co-Chairs’ Informal Advisory Group. Recommendation 5/2, and the draft decision contained within it, was considered by the Conference of the Parties at its fifteenth meeting. Furthermore, in paragraph 15 of recommendation 3/2, the Working Group recommended that the meeting of the Parties to the Nagoya Protocol at its fourth meeting consider the working group recommendation as well as any decision prepared by the Conference of the Parties at its fifteenth meeting.

The issue of digital sequence information on genetic resources was considered by the fifteenth meeting of the Conference of the Parties and the fourth meeting of the Conference of the Parties serving as the Parties to the Nagoya Protocol, and each adopted a decision: COP decision 15/9 and COP-MOP decision NP-4/6.

Recognizing that there are divergent views on digital sequence information on genetic resources with regard to its scope under the Convention on Biological Diversity, in decision 15/9, the COP agreed:

- on the continuing use of the term “digital sequence information” for further discussions;

- that the benefits from the use of digital sequence information on genetic resources should be shared fairly and equitably

- to develop a solution for the sharing of benefits arising from the use of digital sequence information on genetic resources;

- that a solution for fair and equitable benefit-sharing on digital sequence information on genetic resources should, inter alia:

1. Be efficient, feasible and practical;
2. Generate more benefits, including both monetary and non-monetary, than costs;
3. Be effective;
4. Provide certainty and legal clarity for providers and users of digital sequence information on genetic resources;
5. Not hinder research and innovation;
6. Be consistent with open access to data;
7. Not be incompatible with international legal obligations;
8. Be mutually supportive of other access and benefit-sharing instruments;
9. Take into account the rights of indigenous peoples and local communities, including with respect to the traditional knowledge associated with genetic resources that they hold;

- that the approach to fair and equitable benefit-sharing from the use of digital sequence information on genetic resources set out in the present decision does not affect existing rights and obligations under the Convention and the Nagoya Protocol, including, as applicable, those related to traditional knowledge and the rights of indigenous peoples and local communities, and is without prejudice to national access and benefit-sharing measures.

The COP also recognized that the monetary and non-monetary benefits arising from the use of digital sequence information on genetic resources should, in particular, be used to support conservation and sustainable use of biological diversity and, inter alia, benefit indigenous peoples and local communities.

The COP welcomed section I of the Kunming-Montreal Global Biodiversity Framework, the Long-term Strategic Framework for Capacity-building and Development, and the strengthening of technical and scientific cooperation in support of the Kunming-Montreal Global Biodiversity Framework and called for specific and targeted capacity-building and development, technology transfer, according to Article 16, and technical and scientific cooperation, according to Article 18 and, as appropriate, support for developing countries, in particular the least developed countries and small islands developing States among them, and Parties with economies in transition, to generate, access and use digital sequence information on genetic resources for research and innovation, taking into account the key areas for potential capacity-building and modalities for capacity-building activities as identified by the Ad Hoc Technical Expert Group on Digital Sequence Information on Genetic Resources.

The COP decided to establish, as part of the Kunming-Montreal Global Biodiversity Framework, a multilateral mechanism for benefit-sharing from the use of digital sequence information on genetic resources, including a global fund and decided to review the effectiveness of the multilateral mechanism at the eighteenth meeting of the Conference of the Parties, including, inter alia, the criteria laid out in paragraphs 9 and 10 of decision 15/9.

The COP also decided to establish a fair, transparent, inclusive, participatory and time-bound process to further develop and operationalize the mechanism, as outlined below, to be finalized at the sixteenth meeting of the Conference of the Parties.

Against this background, the COP established an ad hoc open-ended working group on benefit-sharing from the use of digital sequence information on genetic resources to undertake further development of the multilateral mechanism, including the elements identified in the annex to decision 15/9, and to make recommendations to the Conference of the Parties at its sixteenth meeting.

As part of this process, the COP

- invited Parties, other Governments, indigenous people and local communities and relevant organizations to submit views on the issues set out in the annex to decision 15/9;

- requested the Executive Secretary to compile and synthesize the views submitted and make them available to the Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources;

- also requested the Executive Secretary, subject to the availability of resources, to:

1. Compile lessons learned from other international funding mechanisms, such as the Benefit-sharing Fund of the International Treaty on Plant Genetic Resources for Food and Agriculture, the World Health Organization Pandemic Influenza Preparedness Framework, and the Small Grants Programme of the Global Environment Facility;
2. Commission a study to analyse and model the extent to which a multilateral mechanism for benefit-sharing from the use of digital sequence information on genetic resources, and any other options the Ad Hoc Open-ended Working Group may decide, meets the criteria in paragraphs 9 and 10 of decision 15/9;
3. Commission a study on the options for revenue-generating measures at different points along the value chain, the feasibility of their implementation and their costs relative to their potential revenue.

COP 15 and COP-MOP 4 Decisions and Relevant Documents

• COP decision 15/9 on digital sequence information on genetic resources
• COP-MOP decision NP-4/6

COP 14 and COP-MOP 3 (November 2018)

The issue of digital sequence information on genetic resources was considered by the fourteenth meeting of the Conference of the Parties to the Convention (COP 14) and by the third meeting of the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP 3) and each adopted a decision: COP decision 14/20 and COP-MOP decision NP-3/12.

In decision 14/20, Parties recognized the importance of digital sequence information on genetic resources for the three objectives of the Convention which are mutually supportive, although further work is needed to provide conceptual clarity on digital sequence information on genetic resources. Parties also recognized that access to and use of digital sequence information on genetic resources contributes to scientific research as well as to other non-commercial and commercial activities in areas such as biological diversity, food security and human, animal and plant health.

Parties recognized also that further capacity to access, use, generate and analyse digital sequence information on genetic resources is needed in many countries, and encouraged Parties, other Governments and relevant organizations to support capacity-building and technology transfer, as appropriate, to assist in the access, use, generation and analysis of digital sequence information on genetic resources for the conservation and sustainable use of biodiversity and benefit-sharing.

The Conference of the Parties also noted that, as there is a divergence of views among Parties regarding benefit-sharing from the use of digital sequence information on genetic resources, Parties commit to work towards resolving this divergence through the process established in the decision, with the aim of strengthening the fulfillment of the third objective of the Convention and Article 15, paragraph 7, without prejudice to the circumstances to which this article applies.

In this regard, the decision established a science and policy-based process on digital sequence information on genetic resources for further work on this topic in the 2019-2020 intersessional period. The process entails the submission of views and information, the commissioning and peer review of four studies as well as work by an ad hoc technical expert group (AHTEG).

The outcomes of the AHTEG will be considered by the open-ended inter-sessional working group established under decision 14/34 to support the preparation of the post-2020 global biodiversity framework. Recommendations by the open-ended inter-sessional working group on how to address digital sequence information on genetic resources in the context of the post-2020 global biodiversity framework will be considered by Conference of the Parties at its fifteenth meeting. Decision NP-3/12 also requested the open-ended inter-sessional working group to submit the outcome of its deliberations for consideration by the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol at its fourth meeting.

COP 14 and COP-MOP 3 Decisions and Relevant Documents

• COP decision 14/20 on digital sequence information on genetic resources
• COP-MOP decision NP-3/12

• Digital sequence information on genetic resources - CBD/SBSTTA/22/2
• Report of the Ad Hoc Technical Expert Group on Digital Sequence Information on Genetic Resources - CBD/SBSTTA/22/INF/4
• Fact-finding and scoping study on digital sequence information on genetic resources in the context of the Convention on Biological Diversity and the Nagoya Protocol - CBD/DSI/AHTEG/2018/1/3
• Synthesis of views and information on the potential implications of the use of digital sequence information on genetic resources for the three objectives of the Convention and the objective of the Nagoya Protocol - CBD/DSI/AHTEG/2018/1/2
• Case studies and examples of the use of digital sequence information in relation to the objectives of the Convention and the Nagoya Protocol - CBD/DSI/AHTEG/2018/1/2/ADD1
• Digital sequence information on genetic resources in relevant ongoing international processes and policy debate - CBD/DSI/AHTEG/2018/1/2/ADD2
• Submission from the Secretariat of the Commission on Genetic Resources for Food and Agriculture: exploratory fact-finding scoping study on "digital sequence information" on genetic resources for food and agriculture - CBD/COP/14/INF/29

COP 13 (December 2016)

At its thirteenth meeting, the Conference of the Parties to the Convention on Biological Diversity (CBD) considered the issue of digital sequence information on genetic resources and adopted decision XIII/16, in which it decided to consider, at its fourteenth meeting, any potential implications of the use of digital sequence information on genetic resources for the objectives of the Convention on Biological Diversity.

In the decision, Parties, other Governments, indigenous peoples and local communities as well as relevant organizations and stakeholders are invited to submit views and relevant information to the Executive Secretary on any such potential implications. The Executive Secretary is requested to compile and synthesize the views and information submitted, as well as information from other sources, and to commission a fact-finding and scoping study to clarify terminology and concepts and to assess the extent and the terms and conditions of the use of digital sequence information on genetic resources in the context of the Convention and the Nagoya Protocol.

The decision also established an Ad Hoc Technical Expert Group (AHTEG) which is to:

1. Consider the compilation, synthesis and the study referred to above in order to examine any potential implications of the use of digital sequence information on genetic resources for the three objectives of the Convention and the objective of the Nagoya Protocol and implementation to achieve these objectives;
   
2. Consider the technical scope and legal and scientific implications of existing terminology related to digital sequence information on genetic resources;
   
3. Identify the different types of digital sequence information on genetic resources that are relevant to the Convention and the Nagoya Protocol.
   

The AHTEG will submit its outcomes for consideration by the Subsidiary Body on Scientific, Technical and Technological Advice (SBSTTA). SBSTTA will consider these outcomes and make a recommendation on the potential implications of the use of digital sequence information on genetic resources for the three objectives of the Convention for the consideration of the COP at its fourteenth meeting.

COP 13 Decisions and Relevant Documents

• Decision COP XIII/16

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) adopted decision NP-2/14, mirroring CBD decision XIII/16, and decided to consider, at its third meeting, any potential implications of the use of digital sequence information on genetic resources for the objective of the Nagoya Protocol. In the decision, the COP-MOP invited Parties, other Governments, indigenous peoples and local communities, organizations and stakeholders to include information relevant to the Nagoya Protocol in the submission of their views and information.

In the decision, the Parties decided that the AHTEG on digital sequence information on genetic resources would also serve the Nagoya Protocol by considering the information relevant to the Nagoya Protocol in the compilation, synthesis and study prepared further to decision XIII/16. SBSTTA is also requested to make a recommendation on the potential implications of the use of digital sequence information on genetic resources for the objective of the Nagoya Protocol for consideration by the third meeting of the COP-MOP.

COP-MOP2 Decisions and Related Documents

• Decision NP-2/14 on digital sequence information on genetic resources
• Decision NP-2/5