B. Germany

Abstract

While Germany already signed the Nagoya Protocol to the CBD in 2011, it has now transposed the protocol into national law. Although not rich in natural resources, Germany has been actively involved in the development of the international regime governing access to, and benefit sharing of, biological diversity, acknowledging its responsibilities as an important user of genetic resources originating from other countries. It was during the German presidency of the ninth Conference of the Parties (COP-9) to the CBD in Bonn 2008 that the course was set for an international ban on bio-piracy, which ultimately led to the adoption of the Nagoya Protocol at the subsequent COP in 2010. The aim of the protocol is the sharing of benefits arising from the utilization of genetic resources in a fair and equitable way, and it lays down rules for research and development on animals, plants, and other living organisms (Article 1). One of its main goals is to ensure that developing countries also benefit economically from nature conservation (preamble). According to Federal Environment Minister Hendricks, ‘[t]he Nagoya Protocol will help us fight against the illegal utilisation of genetic resources from animals and plants. This is important for nature conservation, particularly in developing countries’ (<http://www.bmub.bund.de/N52407-1/>).