DIB response to the EU Commission consultation on ABS implementing acts regulation

DIB fully supports the objectives of the Convention on Biological Diversity (CBD) and of the Nagoya Protocol on Access to Genetic Resources (ABS) and the Fair and Equitable Benefit Sharing of Benefits Arising from their Utilization. We welcome its implementation in the EU via the Regulation (EU) No. 511/2014, but have a number of concerns regarding some of its ambiguous language and, by association, its lack of legal certainty.

The biotechnology industry fully supports the CBD underpinning the Protocol and stands ready to work with the EU Commission on ensuring the Protocol’s fair and balanced implementation in Germany and across the EU.

A key driver in that process must be to ensure legal certainty for potential users of genetic resources in the EU. Wherever possible, workable and existing regulations should apply which also small and medium-sized enterprises can fulfill without extra administrative workload in their usual day-to-day activities. It is important to keep this administrative workload as low as possible. Otherwise both the use of genetic resources and the development of new products therefrom will be severely hampered. This would run counter to the objectives of the CBD as well as the Nagoya Protocol.

The German Biotechnology Industry Association (DIB) outlines its paper a number of points which it considers should be addressed and/or clarified in the Implementing Acts based on the Discussion Paper circulated for the Stakeholders Meeting of 9 December 2014 as well as in its annexes so as to ensure an effective and balanced implementation of the EU Regulation.

Industry stands ready to continue the dialogue with national and EU authorities in developing these Implementing Acts and is happy to support its implementation. We urge the EU Commission to continue to actively involve stakeholders throughout the process of drafting the Acts.

DIB's 5-page position paper, entitled "Comments on the EU Discussion Paper for the Future Implementing Act in relation to Articles 5, 7, and 8 of the Regulation (EU) No. 511/2014", can be found in the download section at the top of this page.