Activities of Kriton ARSENIS related to 2012/0278(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union
Amendments (7)
Amendment 99 #
Proposal for a regulation
Recital 18
Recital 18
(18) Collecting of genetic resources in the wild is mostly undertaken for non- commercial purposes by university-based researchers or collectors. In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries. This Regulation should ensure that the provisions of mutually agreed terms for the initial access relevant for third party transfer are followed by all parties involved. To this effect, subsequent utilisation or commercialisation also require prior informed consent and mutually agreed terms.
Amendment 102 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) The principle of benefit-sharing as enshrined in Article 10 of the Nagoya Protocol should be implemented by the Union pending the establishment of a global multilateral mechanism as envisaged in the Protocol. Until global multilateral benefit – sharing mechanism is in place, a Union benefit-sharing fund should be established to collect benefit- sharing contributions and channel them to the conservation of biological diversity globally. To that end, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed criteria and rules for benefit-sharing in situations where genetic resources originate from areas beyond the jurisdiction of the Member States, or the country of origin of such resources cannot be established, or it is not possible to grant or obtain prior informed consent. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
This Regulation applies to genetic resources over which states exercise sovereign rights and to traditional knowledge associated with genetic resources that are accessed or utilised inside or outside of the jurisdiction of the countries of origin after the entry into force of the Nagoya Protocol for the Union. It also applies to the benefits arising from the usetilisation of such genetic resources and to traditional knowledge associated with genetic resources, as well as subsequent applications and commercialisation.
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
(8a) "illegally acquired genetic resources" means genetic resources and traditional knowledge associated with genetic resources acquired in contravention of the applicable international and national legislation or regulatory requirements on access and benefit-sharing in the country of origin, or the applicable customary laws, protocols and procedures of indigenous and local communities.
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
(8b) "biopiracy" means utilisation, or subsequent commercialisation, of illegally acquired genetic resources or products derived from such resources or traditional knowledge associated with genetic resources.
Amendment 127 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. In the case of genetic resources originating from areas beyond national jurisdictions, or where the country of origin cannot be established, or where it is not possible to grant or obtain prior informed consent, new users shall provide benefit-sharing to a Union benefit- sharing fund dedicated to the conservation of biological diversity globally, until a global multilateral benefit-sharing mechanism is established pursuant to Article 10 of the Nagoya Protocol.
Amendment 186 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Every tenfive years after its first report the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In its reporting the Commission shall in particular consider: a) the administrative consequences for public research institutions, small or medium-sized enterprises and micro- enterprises. It shall also consider the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources; b) the need to review the implementation of the provisions of this Regulation concerning traditional knowledge associated with genetic resources in light of developments in other relevant international organizations, including, inter alia, the World Intellectual Property Organization, provided that they do not run counter to the objectives of this Regulation, of the Convention on Biological Diversity and the Nagoya Protocol; c) the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources with the view to implement in full the rights of indigenous and local communities in accordance with Articles 5.2, 6.2, 7 and 12 of the Nagoya Protocol.