The Nagoya Protocol and Access and Benefit Sharing regulations of the Convention on Biological Diversity (CBD) and its impacts on botanic gardens’ collections and research

Abstract

Abstract At its 10th meeting in 2010, the Conference of the Parties of the CBD adopted the ‘Nagoya Protocol (NP) on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation’ which entered into force on 12 October 2014. Currently, the NP has been adopted by 129 parties, including the EU. This article reviews information retrieved from a variety of different sources dealing with the implications of Access and Benefit Sharing (ABS) regulations, including the NP, for biological collections, especially regarding material accession, conservation and research in botanic gardens. Problems encountered with adhering to ABS regulations and the NP include the following: increasing bureaucratic and administrative burdens arising from the many different ABS-related regulations at the national level; difficulties in identifying and engaging with national authorities designated as competent signatories for the NP in user and provider countries; and problems arising from ambivalent and inconsistent use of terms in the NP and in national ABS legislation. The authors encourage parties to fulfil the CBD requirement for ‘simplified measures on access for non-commercial research purposes’ and point out that NP-related impediments to conservation (and fundamental research) will have negative impacts on human development and biodiversity.