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German Federal Agency for Nature Conservation:

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 is a novel instrument in international nature conservation.
The Protocol is a binding international agreement on access to genetic resources and traditional knowledge associated with them and the fair and equitable sharing of benefits arising from their utilisation.
The Nagoya Protocol was adopted on 29 October 2010 at the Tenth Meeting of the Conference of the Parties (COP 10) to the  Convention on Biological Diversity (CBD) in order to further elaborate the obligations on access and benefit sharing (ABS) under the CBD.
The Nagoya Protocol entered into force on 12 October 2014.

Expeditions must follow the rules and regulations of the NAGOYA PROTOCOL.
PI's need to make themselves familiar with the obligations of the protocol and act accordingly.

“Genetic resource“ means genetic material of actual or potential value

„Genetic material“ means any material of plant, animal, microbial or other origin containing functional units of heredity

“Utilisation of genetic resources” means to conduct research and development on the genetic and/or  biochemical composition of genetic resources, including any application that uses biological systems, living organisms, or derivatives thereof”

“Derivative” means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity”

What does that mean in practice?

• The Nagoya Protocol applies to all organisms, plants, animals and every biological material, even if only used for non-commercial, basic research including taxonomy.
• The term “genetic resource” does not only relate to DNA/RNA but to alive, dead or fossil organisms within sediments, water and ice, including TOC, POM, derivatives and other biomolecules that do not contain any units of heredity anymore.
• Even when working in different disciplines, the expedition or cruise leader is responsible for obtaining a collective Nagoya Protocol permit for all internal and external participants that wish to collect biological material.
• The Nagoya Protocol also applies to coastal and territorial waters, as well as to the exclusive economic zones (EEZ).
• National implementation regulations overrule the EU-regulation always, even within the EU.
• If you didn´t apply for permits according to the Nagoya Protocol, no participant is allowed to take biological samples within any EEZ, not even externals.

More information is accessible here:

https://intranet.awi.de/infrastruktur/logistik-forschungsplattformen/nagoya-protokoll.html

German Federal Agency for Nature Conservation:
https://www.bfn.de/themen/nagoya-protokoll-nutzung-genetischer-ressourcen.html

nagoya@awi.de

Rebecca Aepfler

Dr. Stefan Hain

EU-Leitfaden: