Developments since the entry into force of the Protocol

The fourth meeting of the Parties to the Nagoya Protocol considered the issue of a global multilateral benefit-sharing mechanism on the basis of recommendation 3/17 by the Subsidiary Body on Implementation. The meeting decided (NP-4/10) to revisit the issue of the need for and modalities of a global multilateral benefit-sharing mechanism as provided in Article 10 of the Nagoya Protocol at its fifth meeting.

COP-MOP 4 Decision and Relevant Documents

• Decision NP-4/10 on a Global multilateral benefit-sharing mechanism (Article 10)
• Recommendation 3/17 on Global multilateral benefit-sharing mechanism (Article 10 of the Nagoya Protocol) CBD/SBI/3/REC/17

At its third meeting, COP-MOP considered recommendation 2/4 by the Subsidiary Body on Implementation (SBI) and adopted decision NP-3/13 on the global multilateral benefit-sharing mechanism.

In the decision, the Parties to the Protocol considered that more information would assist in the consideration of Article 10. The COP-MOP invited Parties, other Governments, indigenous peoples and local communities, relevant stakeholders and organizations to submit to the Executive Secretary: (a) information on specific cases which may support the need for a global multilateral benefit-sharing mechanism that are not covered under the bilateral approach, accompanied by an explanation as to why such cases cannot be covered under the bilateral approach set out in the Nagoya Protocol; and (b) options for possible modalities for addressing those cases, including through a global multilateral benefit-sharing mechanism.

Furthermore, COP-MOP requested the Executive Secretary to commission, subject to availability of resources, a peer-reviewed study to identify specific cases of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent.

The study and the compilation and synthesis of the information submitted will be considered by the Subsidiary Body on Implementation with a view to make a recommendation on the way forward to the next meeting of the Parties to the Protocol.

COP-MOP 3 Decisions and Relevant Documents

• Decision NP-3/13

At its second meeting, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP) considered the report of the expert meeting and adopted decision NP-2/10. In the decision, the COP-MOP invited Parties and others to submit information on different aspects related to Article 10. The COP-MOP also invited Parties, other Governments, indigenous peoples and local communities and stakeholders to submit views on the way forward in relation to Article 10. The information is to be considered by the Subsidiary Body on Implementation (SBI) and COP-MOP 3. The decision also requested SBI to explore the need for a global multilateral benefit-sharing mechanism and make recommendations for consideration by COP-MOP 3.

COP-MOP 2 Decisions and Relevant Documents

• Decision NP-2/10

• Report of the Expert Group Meeting on Article 10 of the Nagoya Protocol on Access and Benefit-sharing - UNEP/CBD/NP/COP-MOP/2/10

At its first meeting, the COP-MOP adopted decision NP-1/10 on 'the need for and modalities of a global multilateral benefit-sharing mechanism (Article 10)'. The decision invited the submission of views on a number of topics relevant to Article 10 of the Protocol and requested the Executive Secretary to commission a study. The decision also called for the convening of an expert meeting to review a synthesis of the views submitted and the commissioned study with a view to reaching a common understanding on the areas requiring further examination as identified in the report of the September 2013 expert meeting. The outcomes of this work were to be submitted for consideration by COP-MOP 2.

COP-MOP 1 Decisions and Relevant Documents

• Decision NP-1/10

Developments prior to the entry into force of the Protocol

Prior to entry into force of the Protocol, an interim body, the Intergovernmental Committee for the Nagoya Protocol (ICNP), was established by the Conference of the Parties (COP) to the Convention on Biological Diversity (decision X/1) to undertake the preparations for the first meeting of the Parties to the Protocol.

At its third meeting, the ICNP considered the report of the expert meeting and recommended a draft decision for adoption by the first meeting of the COP-MOP (recommendation 3/3).

ICNP-3 Recommendations

• Recommendation 3/3

The eleventh meeting of the Conference of the Parties, in decision XI/1 B, decided on a process which included a request to the Executive Secretary to conduct a broad consultation on Article 10 and an invitation to Parties and stakeholders to contribute to the consultation by submitting their views on the issue bearing in mind a list of questions set out in part A of annex I to the decision, as well as other perspectives on the matter, in particular the questions contained in Part B of the annex. Furthermore, COP-11 requested the Executive Secretary to synthesize the views received for the consideration of an expert group. The expert group was to submit the outcomes of its work for consideration by the third meeting of the ICNP.

Article 10 was considered for the first time following the adoption of the Protocol by the second meeting of the Intergovernmental Committee for the Nagoya Protocol. In preparation for the meeting, the Executive Secretary prepared a synthesis of views and information (documents UNEP/CBD/ICNP/2/7 and UNEP/CBD/ICNP/2/7/CORR1) submitted by governments and stakeholders to assist the ICNP in its consideration of this issue. In recommendation 2/3, the ICNP put forward a draft decision for the consideration of the eleventh meeting of the Conference of the Parties setting out possible activities to further advance the consideration of this issue.

ICNP-2 Recommendations

• Recommendation 2/3

• Global multilateral benefit-sharing mechanism (Article 10 of the Nagoya Protocol) - CBD/SBI/3/15
• Study to identify specific cases of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent - CBD/SBI/3/15/ADD1
• Global multilateral benefit-sharing mechanism (Article 10) of the Nagoya Protocol - CBD/SBI/2/5
• Report of the Expert Group Meeting on Article 10 of the Nagoya Protocol on Access and Benefit-sharing - UNEP/CBD/NP/COP-MOP/2/10

2019-2022 Intersessional Period

In decision NP-3/13 on the global multilateral benefit-sharing mechanism, the Parties to the Protocol considered that more information would assist in the consideration of Article 10.

The COP-MOP invited Parties, other Governments, indigenous peoples and local communities, relevant stakeholders and organizations to submit to the Executive Secretary: (a) information on specific cases which may support the need for a global multilateral benefit-sharing mechanism that are not covered under the bilateral approach, accompanied by an explanation as to why such cases cannot be covered under the bilateral approach set out in the Nagoya Protocol; and (b) options for possible modalities for addressing those cases, including through a global multilateral benefit-sharing mechanism.

Furthermore, COP-MOP requested the Executive Secretary to commission, subject to availability of resources, a peer-reviewed study to identify specific cases of genetic resources and traditional knowledge associated with genetic resources that occur in transboundary situations or for which it is not possible to grant or obtain prior informed consent.

The study and the compilation and synthesis of the information submitted will be considered by the Subsidiary Body on Implementation, at its third meeting, with a view to make a recommendation on the way forward to the next meeting of the Parties to the Protocol.

Please click for more information:

• Submissions of views and information
• Study including peer review

Documents for consideration by SBI-3:

• Document sbi-03-15 on the Global multilateral benefit-sharing mechanism (Article 10) of the Nagoya Protocol
• Document sbi-03-15-add1

Outcomes of SBI-3:

• Recommendation SBI-3/17