Responsibilities
The Bonn Guidelines (BGL) define responsibilities for both the users and providers of genetic resources. They aim to establish a transparent application process and achieve a balanced and successful outcome for all parties involved. However, if the providing country has chosen other procedures based on its own legislation, these procedures prevail.
→ Responsibilities of Providers of Genetic Resources
→ Responsibilities of Users of Genetic Resources
Providers of genetic resources (BGL 16a)
In general
Providers that are party to the Convention on Biodiversity undertake to facilitate access to biological resources (CBD Art. 15.1, BGL 26 b). They also undertake to ensure that access is granted only for environmentally sound uses of genetic resources and that all stakeholders will take the environmental consequences of the access activities into account (CBD Art. 15.2; BGL 16 a). They designate a national focal point and the competent national authority for access and benefit sharing and make such information available through the CBD's clearing-house mechanism (BGL 13 and 14)
Legislation and procedures, (BGL 16 a i and iv, and 33)
Providing countries should adapt their policies, administrative and legislation to the requirements of access to genetic resources. These requirements must be fulfilled in a clear, objective and transparent manner. Providing countries undertake to take decisions on access within a reasonable period of time.
Competent national authorities (BGL 14 and 29)
If a clearly designated national authority that is competent to engage in ABS negotiations exists, it may also be responsible for granting access and for advising researchers on all of the stages and requirements of the ABS process. If no such authority exists, it may be necessary to obtain PIC from different agencies and levels of government.
Stakeholder participation; in particular the participation of indigenous and local communities (BGL 16 and 31)
Providing countries ensure that information about decisions regarding access to genetic resources (GR) is made available to the relevant stakeholders, in particular to indigenous and local communities. They support capacity-building for the participation of indigenous and local communities in the negotiations. In granting PIC, the competent authorities respect the established legal rights of indigenous and local communities associated with the GR to be accessed; their PIC must also be obtained.
Taxonomic research (BGL 11 I, 16 b (viii), 34)
Taxonomic research (as specified in the Global Taxonomic Initiative) must not to be hindered. Providers shall facilitate the acquisition of material for systematic use. This may include establishing special terms and conditions under Mutually Agreed Terms, including special terms for the transfer of samples to third parties. This is always subject to the condition that the objectives of the research and the transfer are strictly non-commercial and purely taxonomic or systematic.
External Links
ABS National Focal Points
www.cbd.int/doc/lists/nfp-abs.pdf
ABS Competent National Authorities
www.cbd.int/doc/lists/nfp-abs-cna.pdf
Bonn Guidelines
www.cbd.int/decisions/default.aspx?m=cop-06&d=24
Convention on Biological Diversity
www.cbd.int
Internal Links
Users of genetic resources(BGL 16 b)
In general
Users must seek the PIC of the competent authorities before accessing the resources. Users must only access resources in accordance with the agreed terms (PIC, MAT) and adhere to the agreed conditions.
Regarding indigenous and local communities (BGL 16 b ii)
Respect the customs, traditions, values and customary practices of indigenous and local communities. Respond to requests for information from indigenous and local communities and present the information in a suitably adapted form.
Regarding further research and the transmission of results or genetic resources to third parties (BGL 16 b v, viii and 34)
If you plan to use the genetic resources for purposes other than those agreed in the original PIC and MAT, you will have to apply for new contracts to be established. Do not start new research until permission has been granted.
When supplying genetic resources to third parties, ensure that the PIC/MAT agreements are honoured. Supply all relevant contractual data (PIC/MAT) to the third party and document the transfer.
Benefit sharing (BGL 16 b vii and ix).
Carry out as much research as possible in the providing country in cooperation with its institutes and researchers. Ensure that the benefits are shared in a fair and equitable way, as agreed upon in the MAT.
Taxonomic research (BGL 11 l)
Make all information on specimens deposited in providing country collections available to the providing country authorities.
External Links
Bonn Guidelines
www.cbd.int/decisions/default.aspx?m=cop-06&d=24
Internal Links
Prior Informed Consent > Glossary
Mutually Agreed Terms > Glossary
Benefits arising from academic research > Glossary
