3 Amendments of Esther DE LANGE related to 2012/0278(COD)
Amendment 94 #
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that, where relevant, benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence. Therefore, only minimum features of due diligence measures should be set out. The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measParticularly in the case of subsequent users, for whom the due diligence obligation should only apply in the case such users access and use genetic resources in support of sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing coststhe form as originally accessed by the initial user. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation.
Amendment 131 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – point 3
Article 4 – paragraph 2 – point a – point 3
(3) the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources;
Amendment 139 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The obligations referred to in paragraphs 1 to 3 of this Article shall apply to subsequent users only if they access and use genetic resources in the same way as the initial user.