Decision COP X/1

Recalling that the fair and equitable sharing of the benefits arising from the utilization of genetic resources is one of the three objectives of the Convention on Biological Diversity,

Recalling also Article 15 of the Convention on access to genetic resources and the sharing of the benefits arising from their utilization,

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,

Further recalling the Plan of Implementation adopted by the World Summit on Sustainable Development held in Johannesburg in September 2002, which called for action to negotiate within the framework of the Convention on Biological Diversity, bearing in mind the Bonn Guidelines, an international regime to promote and safeguard the fair and equitable sharing of benefits arising out of the utilization of genetic resources, 

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,

Recognizing that the International Regime is constituted of the Convention on Biological Diversity, 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, as well as complementary instruments, including the International Treaty on Plant Genetic Resources for Food and Agriculture and the Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization,

Further recalling decision IX/12, 

Noting with appreciation the work carried out by the Working Group,

Noting the valuable work carried out by the Co-Chairs of the Working Group, Mr. Fernando Casas (Colombia) and Mr. Timothy Hodges (Canada), in steering the process through both formal and informal ways, 

Noting also with appreciation the participation of indigenous and local communities and stakeholders including industry, research, and civil society representatives in the Working Group,

Recognizing that the objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture are the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security, 

Recognizing further the progress made by many intergovernmental forums in addressing access and benefit sharing related issues, 

Considering the need for interim arrangements pending the entry into force of 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 to prepare for its effective implementation once it enters into force,

Noting with appreciation resolution 18/2009 of the Conference of the Food and Agriculture Organization of the United Nations on policies and arrangements for access and benefit-sharing for genetic resources for food and agriculture,

Recognizing the importance of communication, education and public awareness for the successful implementation of 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,

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;

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;

6. Decides that the first review under Article 31 of the Protocol shall assess the implementation of Article 16 in light of developments in other relevant international organizations, including, inter alia, the World Intellectual Property Organization, provided that they do not run counter to the objectives of the Convention and 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; 

17.Invites Parties that are developing countries, in particular the least developed countries and small island developing States, as well as Parties with economies in transition, to make an initial identification of their needs in relation to capacity-building, capacity development and strengthening of human resources and institutional capacities in order to effectively implement the Protocol and to make this information available to the Executive Secretary no later than two months prior to the first meeting of the Intergovernmental Committee; 

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);