Biological control and the Nagoya Protocol on access and benefit sharing – a case of effective due diligence

Abstract

Biological control agents must be collected and utilised in compliance with the Nagoya Protocol on Access and Benefit Sharing (ABS) which is being implemented independently by each country that is signatory to the Protocol. By March 2018, 50 countries had legislation in place with an additional 54 designing their Legislative, Administrative or Policy Measures having become Party to the Protocol. Apart from the problem of dealing with the many different mechanisms countries are putting in place, it is often difficult to find relevant information on the ABS Clearing House and to access and receive appropriate responses from the National Focal Points or Competent National Authorities. We feel that a lot of time is lost on both sides (National authorities and scientists seeking information), and the process would benefit from streamlining. Also, open questions remain, such as how to deal with the generation digital sequence information and what specific activities are considered utilisation, especially for biological control. CABI has pro-actively developed an ABS policy and best practices for its staff to try and comply with the Nagoya Protocol. In addition, CABI has started negotiations with several provider countries, beginning with its member countries, to have its ABS policy and best practices recognised, considering the non-monetary benefits typically associated with biological control. The Nagoya Protocol was born out of the necessity to guarantee the fair and equitable sharing of benefits arising from the utilisation of genetic resources. However, it should not hinder the development of best practice solutions to protect exactly these genetic resources from threats like invasive species. It is important that research and development that addresses global societal challenges are not impeded and that science and its output are recognised as a way to preserve and use genetic resources in an equitable way.

Context-Dependence and the Development of Push-Pull Approaches for Integrated Management of Drosophila suzukii

“…brasiliensis may be good candidates [142][143][144]. For this option, however, various regulations need to be met with, including the Nagoya protocol and phytosanitary regulations for import and release of biocontrol agents to avoid unwanted effects on non-target organisms [145][146][147]. Alternatively, local natural enemy species may be improved by exploiting existing genetic variation within and between species, for example through selective breeding approaches [141,148].…”

Implementation of access and benefit-sharing measures has consequences for classical biological control of weeds

“…CABI has developed an ABS policy (https://www. cabi.org/about-cabi/business-policies/) and ABS best practice (Smith et al 2018) built around the basic principles of the NP. CABI's ABS best practices aim to facilitate compliance with the different ABS legislation implemented in the countries in which it works and in those that provide genetic resources for CABI use.…”

“…There are warning signs that CBCW, a noncommercial public good activity, could be at risk if countries adopt regulatory requirements that are too restrictive and negatively affect the efficient and effective multilateral exchange and use of proven biological control agents (Smith et al 2018). Within this framework, two international agreements regulating access to genetic resources and benefit-sharing (ABS), the Convention on Biological Diversity (CBD), which entered into force on 29 December 1993, and the Nagoya Protocol (NP), a supplementary instrument to the Convention, which became effective on 12 October 2014, are of concern.…”

“…Some countries have not undertaken a strategic planning process before adopting their national ABS legal frameworks or considered that regulating access to genetic resources under their jurisdictions is not an end in itself, but a pathway to achieve benefit-sharing and contribute to the conservation of biological diversity and the sustainable use of its components (Glowka 2000). As a consequence, non-commercial research on genetic resources, including CBCW research and practice-an approach recognized by the CBD as an effective tool to manage invasive alien species (Document CBD/COP/DEC/XIII/13)-has been hindered by non-strategic and poorly planned ABS national regimes (Cock et al 2010;Neumann et al 2018;Prathapan et al 2018;Smith et al 2018).…”

Factors That Explain the Utilization of the Nagoya Protocol Framework for Access and Benefit Sharing

“…Furthermore, researchers and organizations that conduct biocontrol activities have reported difficulty in complying with the requirements of the Nagoya Protocol, as well as with receiving appropriate responses from National Focal Points and Competent National Authorities [19]. To address this issue, a variety of best practice guides and manuals have been generated to support due diligence in meeting the ABS requirements that the Nagoya Protocol mandates.…”