Model contractual clauses, codes of conduct, guidelines, best practices and standards are tools that can serve to promote consistency, legal certainty and transparency and reduce transaction costs. They can support compliance with national ABS measures as well as assist in the implementation of the Convention on Biological Diversity and the Nagoya Protocol. Different sectors and governments, institutions and industry associations, among others, can share model contractual clauses, codes of conduct, guidelines, best practices and/or standards through the ABS Clearing-House.
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 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.