The Post Nagoya Protocol ABS Regime in France: Exploring the Extent to Which It Upholds the Obligations of the Protocol

Abstract

AbstractThe Republic of France is fully committed to the implementation of the 1992 Convention on Biological Diversity (CBD) and its Protocol on access and benefit sharing (ABS) both as a sovereign country and as a member of the European Union (EU). In connection with France’s status as an EU member State, the country is legally bound by Regulation (EU) 511/2014 on ABS which implements user measures of NP in the EU. In 1994 and 2016 respectively, France became party to the CBD and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits arising from their Utilization to the Convention on Biological Diversity. France considers itself as a megadiverse country, based on its unique position in Europe and the rich biodiversity found in its overseas territories. However, as a technologically advanced country, France is equally a major user of genetic resources. This chapter explores how France domesticates the NP on ABS from the perspectives of both a supplier and a user of genetic resources and associated traditional knowledge. It examines the extent to which the ABS regulatory infrastructure of France that has been constructed after the entry into force of the NP in 2014, complies with the NP. The chapter demonstrates that the post NP ABS regulatory framework of France is de jure compliant with the letter of the NP. However, questions may be asked about the de facto compliance, which is, whether the spirit of the NP is properly embedded in the ABS regulatory framework of France. In their current versions, the ABS regulatory instruments of France do not appear to be highly reassuring to other supplier countries of GR that they are capable to ensure that all the users of illegally and/or inappropriately accessed resources are seriously scrutinized.KeywordsNagoya protocolABS regulationsGenetic resourcesMegadiverse countriesCompliance