Welcome to the Romanian Nagoya Protocol Tools

This platform is dedicated to the implementation of the Nagoya Protocol and ABS Regulation in Romania


1. What is the Nagoya Protocol?

The Nagoya Protocol on access to genetic resources and the fair and equitable sharing on benefits arising from their utilization to the Convention on Biological Diversity is an international agreement that operates in the context of the Convention on Biological Diversity (CBD). The Protocol was adopted at the tenth meeting of the Conference of the Parties on 29 October 2010, in Nagoya, Japan and came into effect on 12 October 2014. Presently, the Nagoya Protocol is a key part of international work on nature and environmental protection.

2. What does genetic resources means, in the sense of Protocol?

Genetic resources means genetic material of actual or potential value, as defined in Article 2 of the Convention on Biological Diversity (CBD). Genetic material can be organic material from plants, animals, microorganisms or other organic material that contains functional units of heredity.

3. What is traditional knowledge associated with genetic resources?

Traditional knowledge are long-standing traditions and practices of certain indigenous or local communities, that are relevant for the use of the genetic resources.

4. What does utilisation mean, in the sense of Protocol?

Utilisation of genetic resources means to conduct research and development on the genetic and/or biochemical composition of genetic resources, including through the application of biotechnology as defined in Article 2 of the CBD and Article 2(c) of the Protocol). Biotechnology is defined in Article 2 of the Convention on Biological Diversity as “every use of technology that employs biological systems, living organisms or derivatives thereof, to create or modify products or processes for a specific use”.

5. What does Access and Benefit-Sharing (ABS) mean?

Access and Benefit-Sharing (ABS) means access to genetic resources and associated traditional knowledge and the fair and equitable sharing of benefits that result from their utilization. Countries that are parties to the Nagoya Protocol must create conditions that will facilitate access to genetic resources and associated traditional knowledge for users.

6. What are mutually agreed terms (MAT)? / Ce reprezintă termeni conveniți de comun accord (MAT)?

Mutually agreed terms is an agreement reached between the provider of genetic resources and a user with respect to the conditions of access to genetic resources in the provider country and the benefits to be shared between both parties, which may arise from the commercial or other uses of these resources.

7. What is prior informed consent (PIC)? / Ce reprezintă consimțământului prealabil în cunoștință de cauză (PIC)?

Prior informed consent means that permission from the competent national authority or authorities of the provider country is to be obtained prior to accessing genetic resources, in accordance with national legislation.

8. What is the role of the ABS “National Focal Point”?

The national focal point for access and benefit-sharing provides information on the competent national authorities for ABS and the procedures in place in a country to obtain access to genetic resources and the requirements or conditions to be met, including benefit sharing.

9. What is the role of the Competent National Authority?

The competent national authority may be responsible for granting access to genetic resources and for advising on, among other things, the negotiating process, requirements for obtaining PIC, and entering into MATs and mechanisms for the effective participation of indigenous and local communities (ILCs).

10. What is Access and Benefit Sharing Clearing-House?

Access and Benefit Sharing Clearing-House is a platform established under Nagoya Protocol for exchanging information on ABS where countries provide information on legislative, administrative and policy measures, on the national focal point and competent national authorities, on internationally recognized permits, and on ABS checkpoints. Additionally, the ABS Clearing-House contains reference material, including model contractual clauses, community protocols, capacity-building resources and other publications.

11. How is the Nagoya Protocol implemented in the EU?

In the EU, the Nagoya Protocol is implemented through the European Parliament and Regulation (EU) No. 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union.

12. Does Nagoya Protocol provisions applies retroactively?

The EU ABS Regulation applies from 12 October 2014, which is the date when the Nagoya Protocol entered into force for the Union. Genetic resources accessed prior to that date fall outside the scope of the Regulation even if utilisation of those resources occurs after 12 October 2014 (see Article 2(1) of the Regulation). In other words, the Regulation only applies to genetic resources which were accessed as of 12 October 2014.