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Decision COP V/26

UNEP/CBD/COP/DEC/V/26

Access to genetic resources

A.  Access and benefit-sharing arrangements
The Conference of the Parties
Operational Active Parties
1.Requests Parties to designate a national focal point and one or more competent national authorities, as appropriate, to be responsible for access and benefit-sharing arrangements or to provide information on such arrangements within its jurisdiction;
Operational Active Parties
2.Requests Parties to notify the Executive Secretary of the names and addresses of its focal points and competent authorities;
Operational Active Parties
3.Urges Parties to ensure that national biodiversity strategies as well as legislative, administrative or policy measures on access and benefit-sharing contribute to conservation and sustainable-use objectives;
4.Recognizing the importance for Parties to promote trust building and transparency in order to facilitate the exchange of genetic resources, particularly with regard to the implementation of Article 15 of the Convention:
Operational Active Parties
(a) Urges Parties to pay particular attention to their obligations under Articles 15, 16 and 19 of the Convention, and requests them to report to the Conference of the Parties on the measures they have taken to this effect;
Informational
(b) Notes that legislative, administrative or policy measures for access and benefit-sharing need to promote flexibility, while recognizing the need for sufficient regulation of access to genetic resources to promote the objectives of the Convention;
Informational
(c)Notes that all countries are providers and recipients of genetic resources, and urges recipient countries to adopt, appropriate to national circumstances, legislative, administrative or policy measures consistent with the objectives of the Convention that are supportive of efforts made by provider countries to ensure that access to their genetic resources for scientific, commercial and other uses, and associated knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and sustainable use of biological diversity, as appropriate, is subject to Articles 15, 16 and 19 of the Convention, unless otherwise determined by that provider country;
Operational Active Parties
(d)Recognizing the complexity of this issue, with particular consideration of the multiplicity of prior informed consent considerations, invites Parties to cooperate further to find practical and equitable solutions to this issue;
Informational
5.Notes that the promotion of a comprehensive legal and administrative system may facilitate access to and use of genetic resources and contribute to mutually agreed terms in line with the aims of the Convention;
Operational Active Parties
6.Notes that, in the absence of comprehensive legislation and national strategies for access and benefit-sharing, voluntary measures, including guidelines, may help ensure realization of the objectives of the Convention, and to that end invites the Parties to consider promotion of their use;
Informational
7. Stresses that it is important that, in developing national legislation on access, Parties take into account and allow for the development of a multilateral system to facilitate access and benefit-sharing in the context of the International Undertaking on Plant Genetic Resources, which is currently being revised;
Operational Active OTHERS Parties
8.Notes the report of the Chairman of the Commission on Genetic Resources for Food and Agriculture of the Food and Agriculture Organization of the United Nations (UNEP/CBD/COP/5/INF/12) and urges the Commission to finalize its work as soon as possible.  The International Undertaking is envisaged to play a crucial role in the implementation of the Convention on Biological Diversity.  The Conference of the Parties affirms its willingness to consider a decision by the Conference of the Food and Agriculture Organization of the United Nations that the International Undertaking become a legally binding instrument with strong links to both the Food and Agriculture Organization of the United Nations and the Convention on Biological Diversity, and calls upon Parties to coordinate their positions in both forums;
Informational
9.Notes the common understandings of the Panel of Experts on Access and Benefit-sharing with respect to prior informed consent and mutually agreed terms as contained in paragraphs 156 to 165 of its report (UNEP/CBD/COP/5/8);
Operational Implemented
10.Decides to reconvene the Panel of Experts on Access and Benefit-sharing with a concrete mandate and agenda.  The Panel will conduct further work on outstanding issues from its first meeting, especially:
(a)Assessment of user and provider experience in access to genetic resources and benefit-sharing and study of complementary options; 
(b)Identification of approaches to involvement of stakeholders in access to genetic resources and benefit-sharing processes;
and will include additional expertise.  The Panel will submit its report to the Ad Hoc Open-ended Working Group on Access and Benefit-sharing referred to in paragraph 11 below;
Operational Superseded
11.Decides to establish an Ad Hoc Open-ended Working Group, composed of representatives, including experts, nominated by Governments and regional economic integration organizations, with the mandate to develop guidelines and other approaches for submission to the Conference of the Parties and to assist Parties and stakeholders in addressing the following elements as relevant to access to genetic resources and benefit-sharing, inter alia:  terms for prior informed consent and mutually agreed terms; roles, responsibilities and participation of stakeholders; relevant aspects relating to in situ and ex situ conservation and sustainable use; mechanisms for benefit-sharing, for example through technology transfer and joint research and development; and means to ensure the respect, preservation and maintenance of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity, taking into account, inter alia, work by the World Intellectual Property Organization on intellectual property rights issues. 
The above-mentioned elements should, in particular, serve as inputs when developing and drafting:
(a)Legislative, administrative or policy measures on access and benefit-sharing; and
(b)Contracts or other arrangements under mutually agreed terms for access and benefit-sharing.
The results of the deliberations of the Working Group, including draft guidelines and other approaches, shall be submitted for consideration by the Conference of the Parties at its sixth meeting.
The work of the Working Group shall take into account the reports of the Panel of Experts on Access and Benefit-sharing and other relevant information. 
The Working Group will be open to the participation of indigenous and local communities, non-governmental organizations, industry and scientific and academic institutions, as well as intergovernmental organizations.
The Working Group shall maintain communication and exchange of information with the Working Group on Article 8(j) and Related Provisions of the Convention on Biological Diversity.
In order to build capacity for access and benefit-sharing, the Open ended Working Group shall consider issues of capacity-building, including those needs identified in paragraphs 14 (a), (b), (c) and (d) below;
Informational
12.Notes that information is a critical aspect of providing the necessary parity of bargaining power for stakeholders in access and benefit-sharing arrangements, and that, in this respect, there is a particular need for more information regarding:
(a)User institutions;
(b)The market for genetic resources;
(c)Non-monetary benefits;
(d)New and emerging mechanisms for benefit-sharing;
(e)Incentive measures;
(f)Clarification of definitions;
(g)Sui generis systems; and
(h)"Intermediaries";
Operational Active Executive Secretary of the Convention on Biological Diversity
13.Requests the Executive Secretary to compile the information referred to in paragraph 12 above and disseminate it through the clearing house mechanism and relevant meetings, and requests Parties and organizations to provide such information to assist the Executive Secretary; 
Informational
14.Notes that further development of capacities regarding all aspects of access and benefit-sharing arrangements is required for all stakeholders, including local governments, academic institutions, and indigenous and local communities, and that key capacity-building needs include:
(a)Assessment and inventory of biological resources as well as information management;
(b)Contract negotiation skills;
(c)Legal drafting skills for development of access and benefit-sharing measures;
(d)Means for the protection of traditional knowledge associated with genetic resources; 
15.Noting that the Panel of Experts on Access and Benefit-sharing was not able to come to any conclusions about the role of intellectual property rights in the implementation of access and benefit-sharing arrangements, and that the Panel developed a list of specific issues that require further study (UNEP/CBD/COP/5/8, paras. 127 138):
Body
Conference of the Parties (COP)

Meeting
COP-05
Fifth Ordinary Meeting of the Conference of the Parties to the Convention on Biological Diversity
15 - 26 May, 2000
Nairobi, Kenya

Decision document
V/26
Access to genetic resources