EXPOSE REASONS

In response to the demand expressed by world leaders for a better safeguard of genetic resources at the 2002 World Summit on Sustainable Development in Johannesburg (South Africa), tenth (10th) Conference of the Parties to the Convention on Biological Diversity (CBD) adopted in Nagoya, Japan, on October 29, 2010, the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Shares of the Benefits Arising from Their Use.

In advance, the Convention on Biological Diversity (CBD) of 05 June 1992, ratified by Senegal on 17 October 1994, already devoted its third and final objective to the " fair and equitable sharing of benefits arising from the use of Genetic resources "

Genetic resources are a level of biodiversity. According to the definition of the CBD, a genetic resource is material of plant, animal, microbial or other origin containing functional units of heredity, having an actual or potential value.

The Nagoya Protocol, which was opened for signature on 02 February 2011, at the United Nations Headquarters, after six years of negotiations, sets itself the objective of the fair and equitable sharing of the benefits arising from the use of genetic resources, In particular through adequate access to genetic resources and appropriate transfer of relevant technologies.

The Protocol provides for greater legal certainty and transparency for both providers and users of genetic resources, it provides a practical tool for addressing the challenges of sustainable development, by ensuring that Benefits arising from the use of genetic resources and associated traditional knowledge.


The Protocol therefore consolidate the provisions of Articles 16 and 17 of the CBD, which highlight the following three essential points:

-access to genetic resources is under national sovereignty;
-access to resources is subject to prior informed consent of the State providing the resources;
-the fair and equitable sharing of benefits, in accordance with mutually agreed terms.

The Protocol shall enter into force on the 90eme day after the date of filing with the General Secretariat of the United Nations, of the 50th instrument of ratification, acceptance, approval or accession.

At the end of a period of two years from the date of entry into force of the Protocol, any State Party may denounce the Protocol. Such denunciation may take effect only after the expiration of one year from the date of receipt by the Depositary.

To date, four twenty-twelve (92) countries have signed the Protocol, and sixteen (16) have already ratified it.

Senegal, which signed the Nagoya Protocol on 26 January 2012, would make a significant contribution to the overall sustainable development and good management of genetic resources, in particular by ratifying this Agreement.


This is the economy of this bill.

The National Assembly adopted at its meeting on Monday 28 December 2015,
The President of the Republic Promulgue the law with the following content:


Sole Article. -The President of the Republic is authorized to ratify the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising out of their use in relation to the Convention on Biological Diversity, adopted October 29, 2010.


This Law shall be enforced as the law of the State.


Done at Dakar, January 6, 2016

Macky SALL
By the President of the Republic:

The Prime Minister,
Mahammed Boun Abdallah DIONNE

PROTOCOL OF NAGOYA ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS OF THEIR USE RELATING TO THE CONVENTION ON BIOLOGICAL DIVERSITY TEXT AND ANNEX

SECRETARIAT OF THE CONVENTION ON MONTREAL BIODIVERSITY

Convention on Biological Diversity United Nations

PROTOCOL OF NAGOYA ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF THE BENEFITS OF THEIR USE RELATING TO THE CONVENTION ON BIOLOGICAL DIVERSITY

The Parties to this Protocol,

Being Parties to the Convention on Biological Diversity hereinafter referred to as " The Convention,

Recalling that the fair and equitable sharing of benefits arising from the use of genetic resources is one of the three central objectives of the Convention and recognizing that this Protocol continues to achieve this objective in The framework of the Convention,

Reaffirming the sovereign rights of States over their own natural resources and in accordance with the provisions of the Convention,

Recalling further article 15 of the Convention,

Aware of the important contribution to the sustainable development of technology transfer and cooperation in this field with a view to strengthening research and innovation capacity and adding value to genetic resources in the Developing countries in accordance with articles 16 and 19 of the Convention,

Recognizing that public awareness of the economic value of ecosystems and biological diversity, and the fair and equitable sharing of this economic value with custodians of biological diversity are important measures Incentives available for the conservation of biological diversity and the sustainable use of its constituent elements,

Recognizing the potential contribution of access and benefit-sharing to the Convention and the sustainable use of biological diversity, poverty eradication and a sustainable environment, thus contributing to the achievement of Millennium Development Goals,

Aware of the links between access to genetic resources and the fair and equitable sharing of the benefits of using these resources,

Recognizing the importance of ensuring legal certainty with respect to access to genetic resources and the fair and equitable sharing of benefits arising out of their use,

Recognizing further the importance of promoting fairness and justice in the negotiation of mutually agreed terms between providers and users of genetic resources,

Recognizing also the crucial role of women in access and benefit-sharing, and affirming the need to ensure their full participation at all levels in policy decisions concerning the conservation of the Biological diversity and their application,

Strongly decided to further support the effective implementation of the provisions of the Convention on access and benefit-sharing,

Recognizing the need for an innovative solution to the fair and equitable sharing of benefits arising from the use of genetic resources and traditional knowledge associated with genetic resources in Cross-border situations or for which it is not possible to grant or obtain prior informed consent,

Recognizing the importance of genetic resources for food security, public health, the conservation of biological diversity, and the mitigation and adaptation of climate change,

Recognizing the special nature of agricultural biological diversity, its distinctive features and its problems requiring special solutions,

Recognizing the interdependence of all countries in relation to genetic resources for food and agriculture and their particular nature and importance for global food security and for food security Sustainable development of agriculture in the context of poverty alleviation and climate change, and recognizing the fundamental role of the International Treaty on Plant Genetic Resources for Food and Agriculture, and Of the Commission on Genetic Resources for Food and Agriculture FAO in this regard,

Taking into account the World Health Organization's International Health Regulations (2005) and the importance of ensuring access to human pathogens for public health preparedness and response,

Recognizing the ongoing work on access and benefit-sharing in other international fora,

Recalling the Multilateral System of Access and Benefit-sharing established under the International Treaty on Plant Genetic Resources for Food and Agriculture, developed in harmony with the Convention,

Recognizing that international instruments on access and benefit-sharing should be complementary with a view to achieving the objectives of the Convention,

Recalling Article 8 (j) of the Convention, as it relates to the traditional knowledge associated with genetic resources and the fair and equitable sharing of the benefits arising from the use of such knowledge,

Noting the link between genetic resources and traditional knowledge, the fact that these resources and knowledge are inseparable for indigenous and local communities, and the importance of knowledge Traditional for the conservation of biological diversity and the sustainable use of its constituent elements, as well as the sustainability of the livelihoods of the communities concerned,

Recognizing the diversity of contexts in which traditional knowledge associated with genetic resources is owned or possessed by indigenous and local communities,

Recognizing that indigenous and local communities have the right to identify the legitimate holders of their traditional knowledge associated with genetic resources within their communities,

Recognizing also the specific forms under which some countries possess traditional knowledge associated with genetic resources, whether oral, documentary or other, and which reflect a rich heritage Cultural interest in the conservation and sustainable use of biological diversity,

Taking note of the United Nations Declaration on the Rights of Indigenous Peoples,

Affirming that no provision of this Protocol shall be construed as resulting in the reduction or extinguishment of rights which indigenous and local communities already have,


Have agreed as follows:

Article 1. -Objective

The objective of this Protocol is the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including through adequate access to genetic resources and appropriate technology transfer Relevant, taking into account all rights in these resources and technologies and through adequate funding, thus contributing to the conservation of biological diversity and the sustainable use of its constituent elements.


Article 2. -Use of terms

The terms defined in Article 2 of the Convention shall apply to this Protocol. In addition, for the purposes of this Protocol:

(a) " Conference of the Parties " The Conference of the Parties to the Convention;
(b) " Convention " Convention on Biological Diversity;
(c) " Use of genetic resources " Research and development activities on the genetic and/or biochemical composition of genetic resources, including through the application of biotechnology, in accordance with the definition provided in article 2 of the Convention;
(d) " Biotechnology " Any technological application that uses biological systems, living organisms, or derivatives thereof, to achieve or modify specific products or processes, in accordance with the definition provided in Article 2 of the The Convention;
(e) " Derived " Any biochemical compound that is naturally occurring as a result of the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity.


Article 3. -Scope of application

This Protocol shall apply to genetic resources falling within the scope of Article 15 of the Convention and to the benefits arising from the use of such resources. This Protocol shall also apply to traditional knowledge associated with genetic resources falling within the scope of the Convention and to the benefits arising from the use of such knowledge.

Article 4. -Relationship with international agreements and instruments

The provisions of this Protocol shall not affect in any way the rights and obligations arising out of a Party of an existing international agreement, unless the exercise of those rights or the observance of, those obligations were to cause serious damage to Biological diversity or pose a serious threat to it. This paragraph is not intended to create a hierarchy between this Protocol and other international instruments.

Nothing in this Protocol shall prevent Parties from developing and implementing other relevant agreements, including other special agreements on access and benefit-sharing, provided that they promote the objectives of the Convention and the present Protocol and do not run counter to them.

(3) This Protocol shall apply in a spirit of mutual complementarity with other relevant international instruments. The work on relevant and relevant practices under these international instruments and relevant international organizations should be duly taken into account, provided that they promote the objectives of the Convention and the The Protocol and do not run counter to them.

4. This Protocol is the instrument of application of the provisions of the Convention relating to access and benefit-sharing. Where a special international instrument on access and benefit-sharing is applicable, is in accordance with the objectives of the Convention and this Protocol and does not conflict with those objectives, this Protocol shall not apply in respect of Or the Parties to this special instrument with regard to the specific genetic resource covered by the said instrument and for the purposes of that instrument.


Article 5. -Fair and equitable benefit sharing

1. In accordance with paragraphs 3 and 7 of Article 15 of the Convention, the benefits arising from the use of genetic resources and subsequent applications and marketing shall be shared fairly and equitably with the A Party that provides such resources and which is the country of origin of those resources or a Party that has acquired the genetic resources in accordance with the Convention. Such sharing shall be subject to mutually agreed terms.


2. Each Party shall take legislative, administrative or policy measures, as appropriate, in order to ensure that the benefits arising from the use of genetic resources held by the communities Indigenous and local communities, in accordance with the domestic legislation relating to the established rights of such communities on such resources, shall be shared in a fair and equitable manner with those communities on mutually agreed terms.


Each Party shall take the legislative, administrative or policy measures, as appropriate, to implement paragraph 1.


4. The benefits may include but are not limited to the monetary and non-monetary benefits listed in the schedule.


Each Party shall take legislative, administrative or policy measures, as appropriate, to ensure that the benefits arising from the use of traditional knowledge associated with genetic resources are shared by In a fair and equitable manner with indigenous and local communities holding such knowledge, such sharing shall be carried out in accordance with mutually agreed terms.



Article 6. -Access to genetic resources


1. In the exercise of its sovereign rights over its natural resources and in accordance with the internal laws or regulations on access and benefit-sharing, access to genetic resources for use Shall be subject to the prior informed consent of the Party providing such resources, which is the country of origin of those resources or a Party which acquired them in accordance with the Convention, unless otherwise decided by that Party Party.

2. In accordance with its domestic law, each Party shall, as appropriate, take the necessary measures to ensure that prior informed consent or the agreement and participation of indigenous and local communities Are obtained for access to genetic resources, provided that their right to grant access to genetic resources is established.

3. In accordance with paragraph 1 above, each Party that requires prior informed consent shall, as appropriate, take appropriate legislative, administrative or policy measures to:

(a) ensure the legal certainty, clarity and transparency of its internal legislative or regulatory provisions on access and benefit-sharing;

(b) Provision of fair and non-arbitrary rules and procedures on access to genetic resources;

(c) provide information on how to seek prior informed consent;

(d) provide for a written decision by a competent national authority, which shall be made in a clear and transparent manner, without undue cost, and within a reasonable time;

(e) provide for the grant, at the time of access to genetic resources, of a permit or equivalent document attesting to the adoption of the decision to grant prior informed consent and the conclusion of conditions Agreed, and notify the Clearinghouse on access and benefit-sharing accordingly;

(f) where appropriate and in accordance with domestic legislation, establish criteria and/or processes for obtaining prior informed consent or the agreement and participation of indigenous and local communities in access to Genetic resources;

(g) establish clear rules and procedures relating to the application and the establishment of mutually agreed terms. These conditions must be in writing and may include, inter alia:

(i) a dispute settlement clause;

(ii) the conditions for benefit-sharing, also taking into account intellectual property rights;

(iii) the conditions for subsequent use by third parties, if applicable; and IV) The conditions of change of intent, if any.


Article 7. -Access to traditional knowledge associated with genetic resources

In accordance with its domestic law, each Party shall, as appropriate, take appropriate measures to ensure that access to traditional knowledge associated with genetic resources held by indigenous and local communities Subject to prior informed consent or to the agreement and participation of these indigenous and local communities, and that mutually agreed terms and conditions are established.


Article 8. -Special Considerations

In developing and implementing its access and benefit-sharing legislative or regulatory provisions, each Party shall:

(a) creates conditions to promote and encourage research that contributes to the conservation of biological diversity and its sustainable use, particularly in developing countries, including through simplified access measures For research for non-commercial purposes, taking into account the need to consider the change of intent in relation to the objectives of this research;

(b) shall give due consideration to current or imminent emergencies that threaten or damage human, animal or plant health, as defined at the national or international level. The Parties may take into account the need to accelerate access to genetic resources and the fair and equitable sharing of benefits arising out of their use, including access to affordable treatment for those in The need, especially in developing countries;

(c) considers the importance of genetic resources for food and agriculture and the special role they play in food security.


Article 9. -Contribution to conservation and sustainable use


The Parties shall encourage users and suppliers to allocate the benefits arising from the use of genetic resources to the conservation of biological diversity and the sustainable use of its constituent elements.


Article 10. -Global multilateral benefit-sharing mechanism


The Parties shall consider the need and modalities for a global multilateral benefit-sharing mechanism to address the fair and equitable sharing of benefits arising from the utilization of genetic resources and knowledge TK associated with genetic resources in transboundary situations or for which it is not possible to grant or obtain prior informed consent. The benefits shared through this mechanism by users of genetic resources and traditional knowledge associated with genetic resources are used to promote the conservation of biological diversity and utilization Of its constituent parts on a global scale.


Article 11. -Cross-border cooperation


Where the same genetic resources are located in situ on the territory of more than one Party, the Parties concerned shall endeavour to cooperate, as appropriate, with a view to the implementation of this Protocol, with the participation of the communities Aboriginal and local, if applicable.

2. Where the same traditional knowledge associated with genetic resources is shared by different indigenous and local communities in several Parties, these Parties shall endeavour to cooperate, as appropriate, with the Participation of indigenous and local communities concerned with a view to achieving the objective of this Protocol.


Article 12. -Traditional knowledge associated with genetic resources


1. In implementing its obligations under this Protocol, the Parties, in accordance with their domestic law, shall take into account, where appropriate, the customary law of indigenous and local communities and their Protocols and procedures for all aspects of traditional knowledge associated with genetic resources.

2. With the active participation of indigenous and local communities concerned, the Parties shall establish mechanisms to inform potential users of traditional knowledge associated with the genetic resources of their ob1igations, Including measures disseminated through the Access and Benefit-Sharing Clearinghouse on Access to and Benefit-sharing, and the fair and equitable sharing of benefits arising out of their use.

3. The Parties shall endeavour to support, as appropriate, the development by indigenous and local communities, including women of these communities, of:

(a) community protocols on access to traditional knowledge associated with genetic resources and the fair and equitable sharing of benefits arising out of their use;

(b) minimum conditions for the negotiation of mutually agreed terms to ensure the fair and equitable sharing of the benefits arising from the use of traditional knowledge associated with genetic resources; and

(c) standard contractual clauses for the sharing of benefits arising from the use of traditional knowledge associated with genetic resources.


4. In applying this Protocol, Parties, to the extent possible, shall not limit the customary use or exchange of genetic resources and associated traditional knowledge within indigenous and local communities, and In accordance with the objectives of the Convention.


Article 13. -National Correspondents and competent national authorities


Each Party shall designate a national focal point for access and benefit-sharing. The National Correspondent provides the following information:

(a) applicants for access to genetic resources, information on the procedures for obtaining prior informed consent and on the establishment of mutually agreed terms, including the sharing of Benefits;

(b) to applicants for access to traditional knowledge associated with genetic resources, to the extent possible, information on the procedures for obtaining prior informed consent or the agreement and Participation, as appropriate, of indigenous and local communities, and the establishment of mutually agreed terms, including benefit-sharing; and

(c) information on relevant national authorities, indigenous and local communities and relevant stakeholders.


The national focal point is responsible for liaison with the Secretariat.


(2) Each Party shall designate one or more competent national authorities for access and benefit-sharing. The competent national authorities, in accordance with the legislative and administrative measures and the applicable national policies, shall be responsible for granting access or, where appropriate, issuing written evidence that the conditions And provide advice on the procedures and conditions for obtaining prior informed consent and the conclusion of mutually agreed terms.


(3) A Party may designate a single entity for the purpose of cumulating the functions of national correspondent and competent national authority.


Each Party shall communicate to the Secretariat, no later than the date of entry into force of this Protocol for it, the contact details of its national correspondent and of its competent national authority or authorities. Where a Party designates more than one competent national authority, it shall indicate to the Secretariat, with its notification to that effect, the respective areas of responsibility of those authorities. Where appropriate, it will at least be specified the competent authority responsible for the genetic resources requested. Each Party shall immediately notify the Secretariat of any change in the designation of its national correspondent or of the contact details or responsibilities of its competent national authority or authorities.

5. The Secretariat shall make this information available under paragraph 4 above through the Access and Benefit-Sharing Exchange Centre.


Article 14. -Clearinghouse on access and benefit-sharing and exchange of information


1. A clearinghouse on access and benefit-sharing is established within the framework of the exchange mechanism provided for in article 18, paragraph 3, of the Convention. It serves as a means of sharing information on access and benefit-sharing. In particular, it shall provide access to the relevant information provided by each Party for the implementation of this Protocol.

(2) Without prejudice to the protection of confidential information, each Party shall communicate to the Clearinghouse on access and benefit-sharing any information it is required to provide under this Protocol and the decisions taken By the Conference of the Parties serving as the meeting of the Parties to this Protocol. This information includes:

(a) legislative, administrative and policy measures on access and benefit-sharing;

(b) information concerning the national correspondent and the competent national authority or authorities; and

(c) equivalent permits or documents issued at the time of access to certify the decision to grant prior informed consent and the conclusion of mutually agreed terms and conditions.


3. Additional information, if applicable and as appropriate, may include:

(a) the relevant competent authorities of indigenous and local communities, and information, as decided;

(b) standard contractual clauses;

(c) methods and tools developed to monitor genetic resources; and

(d) Codes of conduct and best practices.


4. The modalities of operation of the Access and Benefit-Sharing Exchange Centre, including its activity reports, shall be considered and adopted by the Conference of the Parties serving as the meeting of the Parties to this Protocol to its First meeting and are subject to subsequent reviews.

Article 15. -Compliance with domestic legislation or regulations on access and benefit-sharing

Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures to ensure that access to the genetic resources used under its jurisdiction has been the subject of consent Prior informed consent and that mutually agreed terms and conditions have been established, in accordance with domestic legislation or legislative or regulatory provisions relating to access and benefit-sharing The other Party.

2. The Parties shall take appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with paragraph 1 above.

3. The Parties shall cooperate, to the extent possible and as appropriate, in the case of alleged violations of the domestic laws or regulations relating to access and benefit-sharing referred to in paragraph 1 above.


Article 16. -Compliance with domestic laws or regulations related to access and benefit-sharing relating to traditional knowledge associated with genetic resources

L. Each Party shall take appropriate, effective and proportionate legislative, administrative or policy measures, as appropriate, to ensure that access to traditional knowledge associated with genetic resources is appropriate Used under its jurisdiction has been subject to prior informed consent or to the agreement and participation of indigenous and local communities and that mutually agreed terms have been established, In accordance with the internal laws or regulations relating to access and Share of the benefits of the other Party where these indigenous and local communities are located.

2. Each Party shall take appropriate, effective and proportionate measures to deal with situations of non-compliance with the measures adopted in accordance with paragraph 1 above.

3. The Parties shall cooperate, to the extent possible and as appropriate, in the event of an alleged breach of the domestic laws or regulations on access and benefit-sharing referred to in paragraph 1 above.

Article 17. -Monitoring the use of genetic resources

1. In order to promote compliance with the applicable rules, each Party shall take appropriate measures to monitor the use of genetic resources and increase transparency regarding such use. These measures include:

(a) the designation of one or more control points, as follows:

(i) the designated control points shall collect and receive, as appropriate, relevant information concerning the obtaining of prior informed consent, the source of the genetic resource, the existence of conditions Agreed upon and/or the use of genetic resources, where appropriate;

(ii) each Party, where appropriate and in accordance with the specific characteristics of the designated control point, requires that users of genetic resources provide a designated control point with the information specified in the paragraph Above. Each Party shall take appropriate, effective and proportionate measures to address situations of non-compliance;

(iii) such information, including information from internationally recognized certificates of conformity when available, shall be given to the competent national authorities, to the Party giving the prior consent in Knowledge of cause and the Clearinghouse on access and benefit-sharing as appropriate and without prejudice to confidential information;

(iv) the control points shall be operational and their functions should correspond to the application of the provisions of this subparagraph (a). They should be linked to the use of genetic resources or the collection of relevant information, inter alia, at any stage of research, development, innovation, pre-commercialization or commercialization;

(b) the encouragement of users and providers of genetic resources to include, under mutually agreed terms, clauses relating to the sharing of information concerning the implementation of those conditions, including Providing for reporting requirements;

(c) encouraging the use of effective and economic communication tools and systems.


2. A permit or equivalent document issued in accordance with paragraph 3:

(e) of section 6 and made available to the Access and Benefit Sharing Exchange Centre is an internationally recognized certificate of compliance.


3. An internationally recognized certificate of conformity proves that access to the genetic resource to which it deals has been the subject of prior informed consent and that mutually agreed terms have Established, in accordance with the domestic laws or regulations relating to access and benefit-sharing of the Party granting prior informed consent.

4. The internationally recognized certificate of conformity shall contain, as a minimum, the following information when not confidential:

(a) the issuing authority;
(b) the date of issue;
(c) the supplier;
(d) the unique identifier of the certificate;
(e) the person or entity to whom the prior informed consent was given;
(f) the subject or genetic resources to which the certificate relates;
(g) confirmation that mutually agreed terms have been established;
(h) confirmation that prior informed consent has been obtained; and
(i) commercial and/or non-commercial use.


Article 18. -Compliance with mutually agreed terms

In applying paragraph 3 (g) (i) of Article 6 and Article 7, each Party shall encourage suppliers and users of genetic resources and/or traditional knowledge associated with genetic resources to be included in the Agreed terms and conditions to cover, where appropriate, the settlement of disputes, including:

(a) the jurisdiction to which they will submit dispute settlement proceedings;
(b) the applicable law; and/or
(c) the possibility of alternative dispute resolution mechanisms, such as mediation and arbitration.

2. Each Party shall ensure the possibility of recourse in its legal system, in accordance with the applicable jurisdictional rules, in the event of a dispute concerning the agreed terms of a ccmmun agreement.

Each Party shall take effective measures, as appropriate, concerning:

(a) access to justice; and
(b) the use of mechanisms for the mutual recognition and enforcement of arbitral decisions and foreign judgements.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall assess the effectiveness of this Article, in accordance with Article 31 of this Protocol.


Article 19. -Model contractual clauses

Each Party shall encourage, as appropriate, the development, updating and use of sectoral and cross-sectoral standard contractual clauses for mutually agreed terms.

2. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review the use of sectoral and cross-sectoral standard contractual clauses.


Article 20. -Codes of conduct, guidelines and good practices and/or standards

Each Party shall encourage, as appropriate, the development, updating and use of voluntary codes of conduct, guidelines and good practices and/or standards for access and benefit-sharing.

2. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall periodically review the use of voluntary codes of conduct, guidelines and good practices and/or standards and consider adopting codes of Conduct, guidelines and good practices and/or specific standards.


Article 21. -Awareness

Each Party shall take measures to raise public awareness of the importance of genetic resources and traditional knowledge associated with genetic resources, and issues related to access and benefit-sharing.

Such measures may include, inter alia:

(a) the promotion of this Protocol, including its objective;
(b) the organization of meetings of indigenous and local communities and relevant stakeholders;
(c) the establishment and maintenance of assistance offices for indigenous and local communities and relevant stakeholders;
(d) dissemination of information through a national clearinghouse;
(e) the promotion of voluntary codes of conduct, guidelines and good practices and/or standards in consultation with indigenous and local communities and relevant stakeholders;
(f) promoting exchanges of experience at the national, regional and international levels, as appropriate;
(g) education and training of users and providers of genetic resources and traditional knowledge associated with resources
Genetics regarding their access and benefit-sharing obligations;
(h) the participation of indigenous and local communities and relevant stakeholders in the implementation of this Protocol; and
(i) awareness of community protocols and procedures of indigenous and local communities.


Artide 22. -Abilities

(1) The Parties shall cooperate in the creation and development of capacity and the strengthening of human resources and institutional capacity for the effective implementation of this Protocol in the developing countries Parties, in In particular in the least developed countries and in small island developing States among them, as well as in Parties with economies in transition, including through global, regional, subregional institutions and organizations, Regional and national. In this context, Parties should facilitate the participation of indigenous and local communities and relevant stakeholders, including non-governmental organizations and the private sector.

2. The needs of developing country Parties, in particular those of least developed countries and small island developing States among them, as well as Parties with economies in transition in respect of financial resources in accordance with The relevant provisions of the Convention shall be fully taken into account in the creation and enhancement of capacity for the purposes of the implementation of this Protocol.

3. To serve as a basis for the adoption of appropriate measures for the implementation of this Protocol, the developing countries Parties, in particular the least developed countries and small island developing States among them, and the Parties with economies in transition should identify their national capacity needs and priorities through national capacity self-assessments. In so doing, these Parties should support the capacity needs and priorities of indigenous and local communities and relevant stakeholders, with a focus on capacity needs and Women's priorities.

4. To promote the implementation of this Protocol, the. Capacity-building and capacity-building could include the following key areas:

(a) the ability to apply this Protocol and meet the obligations arising from it;
(b) the ability to negotiate mutually agreed terms;
(c) the ability to develop, implement and enforce internal legislative, administrative or policy measures related to access and benefit-sharing; and
(d) the capacity of countries to develop endogenous research capacities in order to add value to their own genetic resources.

5. Measures taken pursuant to paragraphs 1 to 4 above may include, inter alia:

(a) legal and institutional development;
(b) the promotion of fairness and justice in the negotiations, for example through the negotiation of mutually agreed terms;
(c) monitoring compliance and compliance with the rules;
(d) the use of the best communication tools and Internet systems available for access and benefit-sharing activities;
(e) the development and use of evaluation methods;
(f) bioprospecting, associated research and taxonomic studies;
(g) the transfer of technology and infrastructure and the technical capacity to ensure its sustainability;
(h) the increase in the contribution of access and benefit-sharing activities to the conservation of biological diversity and the sustainable use of its constituent elements;
(i) special measures to strengthen the access and benefit-sharing capacities of relevant stakeholders; and
(j) special capacity-building measures for indigenous and local communities, focusing on the capacity of women in these communities to access genetic resources and/or traditional knowledge Associated with genetic resources.

Information on the establishment and capacity-building initiatives taken at the national, regional and international levels under paragraphs 1 to 5 should be reported to the Access and Sharing Exchange Centre Benefits to promote synergies and coordination in the creation and enhancement of access and benefit-sharing capabilities.

Article 23. -Technology transfer, collaboration and cooperation

In accordance with Articles 15, 16, 18 and 19 of the Convention, the Parties shall cooperate and cooperate in the technical and scientific research and development programmes, including biotechnological research activities, in order to achieve The purpose of this Protocol.

The Parties undertake to support and encourage the access of developing country Parties to technology and technology transfer to those countries, in particular the least developed countries and small island developing States among them, As well as Parties with economies in transition, in order to promote the development and strengthening of a sound and viable scientific and technological base for the achievement of the objectives of the Convention and this Protocol. Wherever possible and appropriate, such collaboraticn activities shall take place in the territory and with the participation of the Party or Parties providing the genetic resources, which are the countries of origin of those resources, or Parties who have acquired them in accordance with the Convention.



Article 24. -Non-parts

The Parties shall encourage non-Parties to comply with this Protocol and to communicate to the Clearinghouse on Access and Benefit-Sharing of the appropriate information.


Article 25. -Funding mechanism and financial resources

When considering the question of financial resources for the implementation of this Protocol, the Parties shall take into account the provisions of Article 20 of the Convention.

2. The financing mechanism of the Convention is the financing mechanism of this Protocol.

With regard to the establishment and capacity-building referred to in Article 22 of this Protocol, the Conference of the Parties serving as the meeting of the Parties to this Protocol shall take into account, when providing guidance Concerning the financing mechanism referred to in paragraph 2 above for consideration by the Conference of the Parties, the need for financial resources of developing countries Parties, in particular least developed countries and small States Among them, and Parties with economies in transition, as well as the needs of Capacities and priorities of indigenous and local communities, including women in these communities.

4. Within the framework of paragraph 1 above, the Parties shall also take into account the needs of developing country Parties, in particular those of the least developed countries and small island developing States among them, as well as those of the developing countries Parties with economies in transition, in their efforts to identify and meet their requirements for the establishment and capacity-building for the implementation of this Protocol.

The guidelines provided to the financing mechanism of the Convention in the relevant decisions of the Conference of the Parties, including those approved prior to the adoption of this Protocol, shall apply, mutatis mutandis, to Provisions of this Article.

6. Developed country Parties may also provide financial and other resources for the implementation of the provisions of this Protocol through bilateral, regional and multilateral channels, including developing countries Parties And Parties with economies in transition will be able to use them.


Article 26. -Conference of the Parties serving as the meeting of the Parties to this Protocol

The Conference of the Parties shall sit as the meeting of the Parties to this Protocol.

2. Parties to the Convention which are not Parties to this Protocol may participate as observers in the work of any meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Where the Conference of the Parties sits as a meeting of the Parties to this Protocol, decisions taken under this Protocol shall be made only by the Parties to this Protocol.

(3) Where the Conference of the Parties sits as a meeting of the Parties to this Protocol, any member of the Bureau of the Conference of the Parties representing a Party to the Convention that is not a Party to this Protocol at that time is Replaced by a new member who is elected by the Parties to this Protocol from among them.

4. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall regularly monitor the implementation of this Protocol and shall, within the framework of its mandate, take the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Protocol and shall:

(a) make recommendations on any matter relating to the implementation of this Protocol;
(b) establish the subsidiary bodies deemed necessary for the implementation of this Protocol;
(c) appeals and uses, as appropriate, the services, cooperation and information provided by international organizations and relevant intergovernmental and non-governmental bodies;
(d) determine the submission and periodicity of the transmission of information to be disclosed pursuant to article 29 of this Protocol and shall examine such information and the reports submitted by any subsidiary body;
(e) consider and adopt, as appropriate, the amendments to the Protocol and its annex and any additional annexes to the Protocol deemed necessary for its implementation; and
(f) performs any other function that may be required by the application of this Protocol.

5. The rules of procedure of the Conference of the Parties and the financial rules of the Convention shall apply mutatis mutandis to this Protocol, unless the Conference of the Parties serving as the meeting of the Parties to the present The Protocol shall not decide otherwise by consensus.

The first meeting of the Conference of the Parties to the Convention serving as the meeting of the Parties to this Protocol shall be convened by the Secretariat and shall be held concurrently with the first meeting of the Conference of the Parties to be held After the date of entry into force of this Protocol. Thereafter, the ordinary meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held concurrently with the ordinary meetings of the Conference of the Parties, unless the Conference of the Parties Sitting as a meeting of the Parties to this Protocol shall not decide otherwise.

7. Extraordinary meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol may take place at any other time if the Conference of the Parties serving as the meeting of the Parties to this Protocol The necessary judge, or at the written request of a Party, provided that this request is supported by at least one third of the Parties within six months of its submission to the Parties by the Secretariat.

8. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State member of such organizations or any observer to such organizations that is not a Party to the Convention, May be represented as an observer at the meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol.

Any body or institution, whether national or international, governmental or non-governmental, competent in areas covered by this Protocol and having informed the Secretariat of its wish to be represented as an observer At a meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol, may be admitted in that capacity unless at least one third of the Parties present oppose it. The admission and participation of observers shall be governed by the rules of procedure referred to in paragraph 5, above, except as otherwise provided in this Article.


Article 27. -Subsidiary bodies

(1) Any subsidiary body established by, or under, the Convention may perform functions under this Protocol, including on the decision of the Conference of the Parties serving as the meeting of the Parties to this Protocol. Such a decision shall specify the tasks to be undertaken.

2. The Parties to the Convention which are not Parties to this Protocol may participate, as an observer, in the work of any meeting of such a subsidiary body. Where a subsidiary body of the Convention acts as a subsidiary body of this Protocol, decisions under this Protocol shall be taken only by the Parties to this Protocol.

(3) Where a subsidiary body of the Convention exercises its functions on matters relating to this Protocol, any member of the Bureau of that subsidiary body representing a Party to the Convention that is not a Party to this Protocol shall That time shall be replaced by a new member who is elected by the Parties to this Protocol from among them.


Article 28. -Secretariat

The Secretariat established under Article 24 of the Convention shall act as the Secretariat of this Protocol.

2. Article 24, paragraph 1, of the Convention relating to the functions of the Secretariat shall apply mutatis mutandis to this Protocol.

3. As far as they are distinct, the costs of the secretariat services relating to this Protocol shall be borne by the Parties to this Protocol.

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall, at its first meeting, take the financial provisions necessary for that purpose.


Article 29. -Monitoring and reporting

Each Party shall ensure compliance with its obligations under this Protocol and, at regular intervals and in the form decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol, shall Report to the Conference of the Parties serving as the meeting of the Parties to this Protocol on the measures it has taken to implement the provisions of this Protocol.


Article 30. -Procedures and mechanisms to encourage compliance with the provisions of this Protocol

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall consider and approve, at its first meeting, procedures and institutional mechanisms for cooperation to encourage compliance with the provisions of the Protocol and to deal with cases of non-compliance. These procedures and mechanisms include provisions to provide advice or assistance, as appropriate. They shall be distinct and without prejudice to the procedure and dispute settlement mechanisms provided for in article 27 of the Convention.


Article 31. -Evaluation and review

The Conference of the Parties serving as the meeting of the Parties to this Protocol shall proceed, four years after the entry into force of this Protocol, and thereafter at intervals determined by the Conference of the Parties serving as Meeting of the Parties to this Protocol, to an evaluation of its effectiveness.


Article 32. -Signature

This Protocol shall be open for signature by the Parties to the Convention at United Nations Headquarters in New York from 2 February 2011 to 1 February 2012.


Article 33. -Entry into force

(1) This Protocol shall enter into force on the ninetieth day after the date of deposit of the fiftieth instrument of ratification, acceptance, approval or accession by States or regional economic integration organizations Who are Parties to the Convention.


2. This Protocol shall enter into force for a State or regional economic integration organization which ratifies, accepts, approves or accedes to it after the deposit of the fiftieth instrument as mentioned in paragraph 1 above, The ninetieth day after the date of deposit by that State or regional economic integration organization of its instrument of ratification, acceptance, approval or accession, or at the time when the Convention enters into force For that State or regional economic integration organization, the most Being retained late.

3. For the purposes of paragraphs 1 and 2 above, none of the instruments deposited by a regional economic integration organization shall be considered to be in addition to the instruments already deposited by the Member States of that organization.


Article 34. -Reservations

No reservations may be made to this Protocol.


Article 35. -Denunciation

At the expiration of two years from the date of entry into force of this Protocol in respect of a Party, that Party may denounce this Protocol by written notification to the Depositary.

(2) Such denunciation shall take effect upon the expiration of one year from the date of its receipt by the Depositary, or at any later date which may be specified in the said notification.


Article 36. -Authentic texts

The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Protocol on the dates indicated.


Done at Nagoya, the twenty-nine October, two thousand ten.