Access and benefit-sharing

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From Chair's indicative suggestions document 31/05/17:

The text would recall Part XIII of UNCLOS, including articles 256 and 257, as well as articles 238 to 244.

It would further address issues relating to access to marine genetic resources of areas beyond national jurisdiction, including how to facilitate access.

Suggestion 1: Obligations for notification, reporting and recording[edit | edit source]

States shall take measures to ensure notification, reporting and recording of sampling activities in areas beyond national jurisdiction through the Clearing-house mechanism established under this section.


References: Nagoya Protocol Art 14 (clearing house), Nagoya Protocol Art 17 (monitoring), UNCLOS Art 248 (duty to provide information), Art 242; Art 143.3(a) (international cooperation), Art 244.1; Art 143.3(c) (publish information), Art 244.2, Art 144.2 (knowledge transfer)

Suggestion 2: Specify notification/reporting requirements[edit | edit source]

Requirements for reporting/notification by those intending to access MGR could be set out in the agreement or an Annex, or determined by the decision-making body.

Reporting requirements could include:

  • Information about collector
  • Type and quantity of genetic resource sought
  • Geographical prospecting area
  • Starting date and duration of activity
  • Evaluation of potential impacts on conservation/sustainable use of biodiversity
  • Information on intended research/use
  • Indication of benefit-sharing arrangements


References: Nagoya Protocol MOP 1 Decision NP-1/2, Bonn Guidelines, para 36 (indicative list)

Suggestion 3: Requirements to be determined by decision-making parties[edit | edit source]

Contracting Parties develop and adopt their own notification, reporting and recording requirements based on international guidelines, codes of conduct, etc.


References: Nagoya Protocol Art 20 on Codes of Conduct, Guidelines and Best Practices and Standards

Suggestion 4: Requirements for EIAs[edit | edit source]

Require Environmental Impact Assessments in accordance with the relevant provisions of this agreement. (see EIAs and SEAs, section 3, page 23)


References: UNCLOS Art 240(d); Art 206 (protection of environment)

Suggestion 5: Guidelines for collecting samples[edit | edit source]

States have the right to undertake scientific research consistent with their obligations under Articles 256, 257 and 238 of UNCLOS. States shall undertake scientific research in accordance with their obligations under Article 244 of UNCLOS.

Best practice guidelines could be developed to support standardisation of collecting, storing and curating samples (i.e. accessing MGR in ABNJ) to facilitate access to MGR samples and international scientific cooperation (i.e. thereby supporting non-monetary benefit sharing).


References: InterRidge code of conduct, InterRidge statement of commitment

Suggestion 6:[edit | edit source]



Also see[edit | edit source]