The Nagoya Protocol on Access and Benefit-sharing

Key Steps towards implementation

KEY STEPS TOWARDS THE IMPLEMENTATION OF THE NAGOYA PROTOCOL

In taking steps towards the implementation of the Nagoya Protocol, Parties are reminded of some key obligations contained in Articles 13 and 14 of the Protocol:

(a) Article 13 of the Protocol, requires each Party to the Protocol to designate a national focal point and one or more competent national authorities and to transmit their contact information to the Secretariat no later than the date of entry into force of the Protocol for the country; and

(b) Article 14 requires Parties to make available to the ABS Clearing-House:

  (i) legislative, administrative and policy measures on access and benefit-sharing;  

  (ii) information on the national focal point and competent national authority or authorities; and  

  (iii) permits or their equivalent issued at the time of access as evidence of the decision to grant prior informed consent and of the establishment of mutually agreed terms.  

The following describes the preliminary steps that a Party needs to take in order to meet these obligations, and make the Protocol operational, as soon as possible.

1. How to designate a national focal point on access and benefit-sharing

Each Party needs to designate a national focal point on access and benefit-sharing to carry out the functions set out in Article 13 of the Protocol, which include liaising with the Secretariat.

Designation of the national focal point on access and benefit-sharing, including name and contact details, should be submitted through an official letter addressed to the Executive Secretary by fax to +1 514 288 6588 or by e-mail as a scanned attachment to secretariat@cbd.int.

2. How to make information on the competent national authority(ies) and other information available on the ABS Clearing-House.

Each Party is required to designate one or more competent national authorities on access and benefit-sharing. Information on the competent national authority(ies) designated by a Party, as well as other information relevant to the implementation of the Protocol, is to be made available directly by each Party to the ABS Clearing-House.

However, in order to make information available on the ABS Clearing-House, Parties first need to nominate a publishing authority who will register the information in the ABS Clearing-House and ensure that all information made available is complete, non-confidential, relevant and up-to-date.

How to designate the publishing authority for the ABS Clearing-House and national authorized users

The national focal point on access and benefit-sharing can login to the ABS Clearing-House and directly designate the publishing authority (PA) and one or more national authorized users (NAUs) through the user management page (https://absch.cbd.int/register).

It is also possible for the national focal point to use the offline process of sending the appropriate designation form to the Executive Secretary by fax to +1 514 288 6588 or by e-mail as an attachment to secretariat@cbd.int.

In addition, publishing authorities can designate one or more national authorized users, as needed, to assist in the preparation of draft national records. The designation of national authorized users can be done at the time of designation of the publishing authority and through the same form mentioned above or at any time by the national focal point on access and benefit-sharing or the publishing authority.

These designations may be sent to the Executive Secretary by fax to +1 514 288 6588 or by e-mail as an attachment to secretariat@cbd.int and must contain the complete contact details and the appropriate endorsements.

How to make information available to the ABS Clearing-House

Upon receipt of the designation of the publishing authority and after the Secretariat has made the necessary arrangements, the publishing authority will receive an e-mail confirming that they can start publishing information on the ABS Clearing-House.

The publishing authority can, then, make the information on competent national authorities and other relevant information on access and benefit-sharing available on the ABS Clearing-House, by completing the appropriate forms found in the submit information section of the ABS Clearing-House (https://absch.cbd.int/).

The Secretariat can support Parties through various mechanisms to ensure that they can contribute effectively to the ABS Clearing-House, and fulfil their obligations under the Nagoya Protocol. More information is available on the "About the ABSCH" section of the ABS Clearing-House (https://absch.cbd.int/about). For any questions or assistance regarding the ABS Clearing-House please contact us at absch@cbd.int.