Financial Mechanism and Resources

Financial Mechanism and Resources // T13: Benefit Sharing and Access
Thursday // 2.16.2023

T13 (Benefit-Sharing and Access): How to Use GEF Funding

1. This page aims to provide information regarding the effective legal, policy, administrative and capacity-building measures at all levels, as appropriate, to ensure the fair and equitable sharing of benefits that arise from the utilization of genetic resources and from digital sequence information on genetic resources, as well as traditional knowledge associated with genetic resources, and appropriate access to genetic resources, for recipient Parties and relevant stakeholders, including how to access funding of the Global Environment Facility in this regard. It is a work in progress and will be updated as necessary.

2. Less than half of countries have put in place national access and benefit sharing measures, as well as established competent national authorities. The Nagoya Protocol can be considered operational. Reported actions included: Efforts to modify or develop relevant legislation; Undertaking workshops to build capacity and awareness related to the Nagoya Protocol to encourage participation in implementation; Developing access and benefit sharing measures; Enhancing implementation of the provisions on compliance; Monitoring the utilization of genetic resources, including the designation of checkpoints, as well as the provisions to support the full and effective participation of indigenous peoples and local communities in the implementation of the Protocol

Guidance from the Conference of the Parties

3. The Conference of the Parties has invited the Global Environment Facility to support;
  • Projects that support the ratification and implementation of the Nagoya Protocol on access to genetic resources and benefit sharing, including the establishment of legislative, administrative and policy measures on access and benefit-sharing and related institutional arrangements; (Decision XIII/21, annex II, paragraph 23, and 14/23, paragraph 11);
  • Building the capacity to develop, implement and enforce domestic legislative, administrative or policy measures on access and benefit-sharing, thereby contributing to the conservation of biological diversity and sustainable use of its components (Decision XIII/21, annex II, paragraph 23), including through: Identification of relevant actors and existing legal and institutional expertise for the implementation of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable of Benefits Arising from their Utilization; Taking stock of domestic measures relevant to access and benefit-sharing in light of the obligations of the Nagoya Protocol; Development and/or amendment of access and benefit-sharing legislative, administrative or policy measures with a view to implementing their obligations under the Nagoya Protocol; Establishment of ways to address transboundary issues; Establishment of institutional arrangements and administrative systems to provide access to genetic resources, ensure benefit-sharing, support compliance with prior informed consent and mutually agreed terms and monitor the utilization of genetic resources and traditional knowledge associated with genetic resources, including support for the establishment of check points;
  • Supporting the implementation of the strategic framework for capacity-building and development in support of the implementation of the Protocol. (Decision XIII/21, annex II, paragraph 23)
  • Building the capacity to negotiate mutually agreed terms to promote equity and fairness in negotiations in the development and implementation of access and benefit-sharing agreements, including through enhanced understanding of business models and intellectual property rights; (Decision XIII/21, annex II, paragraph 23)
  • Building the capacity of Parties to develop their endogenous research capabilities to add value to their own genetic resources and traditional knowledge associated with genetic resources through, inter alia, technology transfer; bioprospecting and associated research and taxonomic studies; and the development and use of valuation methods; (Decision XIII/21, annex II, paragraph 23)
  • Addressing the capacity needs and priorities of indigenous peoples and local communities and relevant stakeholders; in particular projects that would: Encourage their participation in legal, policy and decision-making processes; Assist in building their capacity related to genetic resources and traditional knowledge associated with genetic resources, such as through the development of community protocols, model contractual clauses and minimum requirements for mutually agreed terms to secure the fair and equitable sharing of benefits; (Decision XIII/21, annex II, paragraph 23)
  • Enabling Parties to actively participate in the Access and Benefit-sharing Clearing-House and use the best available communication tools and Internet-based systems for access and benefit-sharing; (Decision XIII/21, annex II, paragraph 23, and 14/23, paragraph 7(b))
  • Raising-awareness of the importance of genetic resources and traditional knowledge associated with genetic resources, and related access and benefit sharing issues, notably through the development and implementation of national and regional awareness-raising strategies; (Decision XIII/21, annex II, paragraph 23)
  • Making financial resources available to assist Parties in preparing their national report; (Decision XIII/21, annex II, paragraph 23, and XIII/21, paragraph 38, 14/23, paragraph 10)
  • Issues identified by the Parties to facilitate further implementation of the Nagoya Protocol on Access and Benefit-sharing, including regional cooperation projects, with a view to facilitating the sharing of experiences and lessons learned and harnessing associated synergies;( Decision 14/23, paragraph 7(a))

4. Ratification

Ratify and implement the Nagoya Protocol if not done so; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(a); XI/1A, para. 3; XII/13, para. 2; 3/15, para. 2)

5. Digital sequence

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; (CBD14/20, para. 3)

6. Relationship with International Agreements and Instruments (Article 4)

Promote the mutually supportive implementation of the Nagoya Protocol and the International Treaty on Plant Genetic Resources for Food and Agriculture; (2/1, para. 3; 3/14, paras. 7 and 8; International Treaty on Plant Genetic Resources for Food and Agriculture (CBD/SBI/3/6/Add.3, 16 February 2021))

7. Access and Benefit Sharing (Articles 5-7)

Establish institutional structures and legislative, administrative and policy measures on access and benefit-sharing, including measures to ensure that the benefits arising from the utilization of traditional knowledge associated with genetic resources are shared in a fair and equitable way with indigenous peoples and local communities holding such knowledge; (14/31B, para. 8; XIII/1, para. 26; V/26A, para. 4(c))

8. Special Considerations (Article 8)

Take into account, in the implementation of Article 8 of the Protocol, relevant work undertaken by the Food and Agriculture Organization of the United Nations, the World Health Organization and other relevant organizations, as appropriate and in accordance with national circumstances; (3/1, para. 12(b))

9. Contribution to Conservation and Sustainable Use (Article 9)

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; (V/26A, para. 3)

10. Transboundary Cooperation (Article 11)

Facilitate the sharing of information and experiences in relation to transboundary cooperation in accordance with Article 11 of the Protocol; (3/1, para. 7(e))

11. Traditional Knowledge Associated with Genetic Resources (Article 12)

  • Support the development by indigenous peoples and local communities of community protocols and procedures, minimum requirements for mutually agreed terms and model contractual clauses for benefit-sharing arising from the utilization of traditional knowledge associated with genetic resources, promoting partnerships and technology transfer between users and providers of genetic resources and/or associated traditional knowledge, and recognizing that traditional knowledge, whether written or oral, may constitute prior art; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(e); VII/19E, para. 3; 3/1, para. 6(b), 7(g))
  • Provide for the full and effective involvement and participation of indigenous and local communities and all relevant stakeholders in the implementation of the provisions of the Protocol related to indigenous peoples and local communities, such as in the development and implementation of national capacity-building plans and strategies, mechanisms to ensure fair and equitable benefit‑sharing at the national level, and capacity for the negotiation of mutually agreed terms; (VII/19E, para. 5; VII/19F, para. 4; 3/1, para. 7(g) and 11(b))

12. National Focal Points and Competent National Authorities (Article 13)

Strengthen national focal points and competent national authorities and their coordination, responsible for access and benefit-sharing arrangements or to provide information on such arrangements within its jurisdiction; (VII/19, annex, para. 8(a); V/26A, para. 1; 3/1, para. 11(a))

13. The Access and Benefit-Sharing Clearing-House and Information-Sharing (Article 14)

Actively participate in the Access and Benefit-sharing Clearing-House to publish all mandatory information available at the national level, and make use of the interoperability mechanisms of the Access and Benefit sharing Clearing-House to facilitate information exchange with relevant databases, websites and information technology systems; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(f); 14/23, para. 7(b); 1/5, para. 1; 2/2, para. 5; 2/4, para. 7; 3/1, para. 6(c), 10; 3/3, paras. 3-4, 9-11;)

14. Compliance with Domestic Legislation or Regulatory Requirements on Access and Benefit-Sharing ((Article 15)

Develop, implement and enforce domestic legislative, administrative or policy measures on access and benefit-sharing and related institutional arrangements, with participation of relevant stakeholders from different sectors, to support compliance with prior informed consent in cases where there is utilization of genetic resources or associated traditional knowledge and with mutually agreed terms on which access was granted; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(b); VI/24A, annex, para. 61; VIII/4D, para. 2; VII/19E, para. 2; 14/23, para. 11; 2/1, para. 1; 3/2, para. 1; 3/1, para. 6(a), 11(c), 12(a); VII/19, annex, para. 8(b))

15. Compliance with Domestic Legislation or Regulatory Requirements on Access and Benefit-Sharing for Traditional Knowledge Associated with Genetic Resources ((Article 16)

  • Establish national mechanisms to ensure compliance, when required by domestic law, with the obtaining of prior informed consent of indigenous and local communities regarding access to genetic resources and associated traditional knowledge; (VII/19E, para. 4)
  • Take note, in the implementation of Article 16 of the Protocol, of relevant work undertaken by the World Intellectual Property Organization, as appropriate, provided that it does not run counter to the objectives of the Convention and the Protocol, and encourage the disclosure of the country of origin of genetic resources and the origin of relevant traditional knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity in applications for intellectual property rights, where the subject matter of the application concerns or makes use of genetic resources or relevant knowledge in its development, as a possible contribution to tracking compliance with prior informed consent and the mutually agreed terms on which access to those resources was granted; (3/1, para. 12(c); VI/24C, para. 1 and 12)

16. Model Contractual Clauses (Article 19)

Develop model agreements and codes of conduct for specific uses, users and sectors, where possible making use of work done in other forums; (VII/19, annex, para. 9(g))

17. Awareness-Raising (Article 21)

Raise awareness to the importance of genetic resources and traditional knowledge associated with genetic resources, and related access and benefit sharing issues, notably through the development and implementation of national and regional awareness-raising strategies; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(g); 2/9, para. 7; 3/1, para. 7(f); 3/6, para. 3-4)

18. Capacity (Article 22)

  • Develop and implement capacity-building and development activities to promote equity and fairness in negotiations in the development and implementation of access and benefit-sharing agreements and support the implementation of the Protocol, including integrating within the framework of national biodiversity strategies and other related initiatives and strategies, and developing regional and subregional cooperation to address capacity gaps; (X/24, annex, para. 4.11; X/25, para. 13; XI/1D, para. 3; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; VII/19, annex, para. 8(c); V/26C, para. 4; NP-1/6; NP-1/8, para. 3, 5, 6, 9 and annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(c) and (i); 2/5, para. 5; 2/8, para. 2 and 5-7; 3/1, para. 7(b)-(d); 3/5A, para. 2-3;)
  • Develop instruments and tools, including indicators to monitor and assess the implementation of capacity-building for access to genetic resources and benefit-sharing at all stages, and the effectiveness of policy and legislative measures; (VII/19, annex, para. 8(f))

19. Technology Transfer, Collaboration and Cooperation (Article 23)

Develop endogenous research capabilities to add value to genetic resources and traditional knowledge associated with genetic resources through, inter alia, technology transfer; bioprospecting and associated research and taxonomic studies; and the development and use of valuation methods; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(d); VII/19, annex, para. 8(e);)

20. Financial Mechanism and Resources (Article 25)

Direct domestic and external resources, in accordance with national circumstances, as well as resources generated through biodiversity financing mechanisms, and cooperate at the regional and subregional levels, towards the implementation of the objective of the Nagoya Protocol; (1/7, para. 2-7; 3/8, para. 3-5)

21. Monitoring and reporting (Article 29)

Submit interim national report as soon as possible if not done so; (X/24, annex, para. 4.11; X/25, para. 13; XI/5, paras. 21, 22 and 23, and appendix I; XII/30, paras. 13, 16, 17, 18, 19, 20, and appendix II; X/1, para. 14; XI/1, D, para. 2 and E, para. 2; NP-1/6; NP-1/8, annex I, para. 29(a); and NP-1/9, annex, para. 34; XIII/21, annex II, para. 23(h); 3/4, para. 4)

22. Procedures and Mechanisms to Promote Compliance with this Protocol (Article 30)

Establish mechanisms to promote accountability by all stakeholders involved in access and benefit-sharing arrangements; (VI/24A, annex, para. 52))

Financial support of the Global Environment Facility

Amazon, Congo, and Critical Forest Biomes

BDFA: Objective Two

Potential implementation/project partners

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