Decision COP X/1

Further recalling its decision VI/24 A adopting the Bonn Guidelines on Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Arising out of their Utilization,

Recalling decision VII/19 D, in which the Ad Hoc Open-ended Working Group on Access and Benefit-sharing (the Working Group) was mandated with the collaboration of the Ad Hoc Open-ended Intersessional Working Group on Article 8(j) and Related Provisions, to elaborate and negotiate an international regime on access to genetic resources and benefit-sharing with the aim of adopting an instrument/instruments to effectively implement the provisions of Article 15 and Article 8(j) of the Convention and the three objectives of the Convention,

Further recalling decision IX/12, 

I. Adoption of the Nagoya Protocol

1. Decides to adopt the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the Protocol) as set out in annex I to the present decision;

2. Requests the Secretary-General of the United Nations to be the Depositary of the Protocol and to open it for signature at the United Nations Headquarters in New York from 2 February 2011 to 1 February 2012; 

3. Calls upon the Parties to the Convention on Biological Diversity to sign the Protocol at the earliest opportunity and to deposit instruments of ratification, acceptance or approval or instruments of accession, as appropriate, with a view to ensuring its entry into force as soon as possible;

4. Invites States that are not Parties to the Convention to ratify, accept, approve or accede to it, as appropriate, thereby enabling them also to become Parties to the Protocol;

5. Agrees, bearing in mind decision II/11, paragraph 2, and without prejudice to the further consideration of this issue by the Conference of the Parties serving as the meeting of the Parties to the Protocol, that human genetic resources are not included within the framework of the Protocol;

II. Intergovernmental Committee for the Nagoya Protocol

7. Decides to establish an Open-ended Ad Hoc Intergovernmental Committee for the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the Intergovernmental Committee);

8. Decides that the Intergovernmental Committee shall undertake, with the support of the Executive Secretary, the preparations necessary for the first meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol, at which time it will cease to exist, taking into account the budgetary provisions adopted by the Conference of the Parties;

9. Notes that the rules of procedure for the Conference of the Parties to the Convention shall apply, mutatis mutandis, to meetings of the Intergovernmental Committee;

10. Decides that the Intergovernmental Committee shall hold its first meeting from 6 to 10 June 2011 and the second meeting from 23 to 27 April 2012;

11. Also decides that the Co-Chairs of the Intergovernmental Committee shall be Mr. Fernando Casas (Colombia) and Mr. Timothy Hodges (Canada) and that the first Intergovernmental Committee will be preceded by a one-day meeting to elect its Bureau and agree on other organizational matters. To that effect, the President is mandated to undertake the necessary consultations; 

12. Endorses the work plan for the Intergovernmental Committee as contained in annex II to the present decision;

13. Requests the Executive Secretary to provide technical assistance to Parties, subject to the availability of financial resources, with a view to supporting the early ratification and implementation of the Protocol;

14. Invites the Global Environment Facility to provide financial support to Parties to assist with the early ratification of the Protocol and its implementation; 

15. Requests the Executive Secretary, in collaboration with relevant organizations, as appropriate, to carry out awareness-raising activities among relevant stakeholder groups, including the business community, the scientific community and others, to support the implementation of the Protocol; 

16. Invites Parties and relevant organizations to provide financial and technical assistance, as appropriate, to support the implementation of the Protocol; 

18. Requests the Executive Secretary to collect and make available on the clearing-house mechanism sectoral and cross-sectoral model contractual clauses for mutually agreed terms;

19. Also requests the Executive Secretary to collect and make available on the clearing house mechanism existing guidelines and codes of conduct related to access and benefit-sharing;

20. Urges the Parties to the Convention and other States and regional economic integration organizations to designate, as soon as possible and no later than 31 March 2011, a focal point for the Intergovernmental Committee and to inform the Executive Secretary accordingly;

III. Administrative and budgetary matters

21. Decides that, pending the entry into force of the Protocol and the convening of the first Conference of the Parties serving as the meeting of the Parties to the Protocol, the financial costs of the interim mechanisms shall be borne by the Trust Fund for the Convention on Biological Diversity (BY);