Background
The aims of the UN Convention on Biological Diversity (CBD) are the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources. At the Conference of the Parties to the Convention on Biological Diversity (CBD) in 2010, the Nagoya Protocol governing access to genetic resources and fair and equitable sharing of their use was adopted.
In the EU, the Nagoya Protocol is implemented by Regulation (EU) No 511/2014 of the European Parliament and of the Council on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (also called the ABS Regulation).
This Regulation entered into force in October 2014. On 12 October 2015, one year after its entry into force, the Regulation’s provisions on the obligations of users of genetic resources began to apply within the EU.
Sweden is a signatory to the Nagoya Protocol, but has not yet ratified it. According to the Government Offices of Sweden, Sweden plans to ratify the Nagoya Protocol at the latest 90 days before the first meeting of the Parties to the Nagoya Protocol on Access and Benefit-Sharing in December 2016, in order to be a full member at this meeting. Before it can ratify the Protocol however, Sweden must have penalty provisions in place and a regulatory framework for access to traditional knowledge that is not acquired in the context of access to genetic resources. These provisions are likely to be decided on before the summer of 2016.
Tasked with the implementation of the ABS Regulation
In February 2015, the Swedish Environmental Protection Agency was tasked by the Government of Sweden with preparing for the implementation of the EU Regulation 511/2014 (ABS Regulation) on the implementation of the Nagoya Protocol. This task entailed:
- Suggesting how best to organize and exercise national supervision of the ABS Regulation cost-effectively
- Setting up a national focal point in the Internet-based Access and Benefit-Sharing Clearing House (ABS Clearing House) that has been established to provide information about access to genetic resources and benefit-sharing from the utilization of these resources
- Initiating dialogue with representatives of users of genetic resources in both private and public sector activities in order to materially assist the implementation and facilitate compliance with the ABS Regulation.
How the Swedish EPA has been working on this task
In June 2015, the Swedish Environmental Protection Agency submitted a proposal to the Government concerning the supervision organization. This proposal suggested that both the Swedish Environmental Protection Agency and the Swedish Board of Agriculture should be competent authorities and share supervisory responsibility for the implementation. However, in January 2016 it became clear that the Swedish EPA needed to shoulder the entire responsibility for supervision, and therefore remains the only competent authority in Sweden. Since January, the Swedish EPA has been preparing in various ways to take on this responsibility, for example by developing a risk-based supervision plan and Guides for users.
The Swedish EPA has set up a national focal point by publishing Guides and other information on the Web.
The Swedish EPA now also has an organization for dealing with questions from stakeholders, and is ready to accept declarations from users.
Dialogue has been initiated through a hearing in the spring of 2015, and via e-mail communications with users of genetic resources.
On 22 April 2016, a seminar will be held to communicate the application of the ABS Regulation to different categories of users.
A report on this task was presented on 31 March 2016, at which time the Guides were also published.