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Model contractual clauses, codes of conduct, guidelines and best practices and/or standards

Articles 19 and 20 of the Protocol require each Party to encourage, as appropriate, the development, update and use of sectoral and cross-sectoral model contractual clauses for mutually agreed terms, and voluntary codes of conduct, guidelines and best practices and/or standards in relation to access and benefit-sharing. Furthermore, the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP-MOP) shall periodically take stock of the use of these tools and consider the adoption of specific codes of conduct, guidelines and best practices and/or standards.

A number of model contractual clauses as well as codes of conduct, guidelines, best practices and standards have already been developed for different sectors and by different governments, institutions and industry associations, among others. Model contractual clauses, codes of conduct, guidelines, best practices and standards can serve to promote consistency, legal certainty and transparency and can reduce transaction costs. They can support compliance with national ABS measures as well as assist in the development of ABS agreements that are consistent with the Convention on Biological Diversity and the Nagoya Protocol.

These different kinds of tools can also help to build trust among the different parties in an ABS arrangement and provide a shared understanding of the terms of an agreement. Guidelines and other tools can play an important role in raising awareness in sectors whose activities are relevant to ABS but where there may be limited familiarity with the obligations of the Nagoya Protocol.

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  • United Nations
  • United Nations Environment Programme