The Nagoya Protocol on Access and Benefit-sharing

Access and Benefit-sharing // Model contractual clauses
Wednesday // 11.22.2023

Model contractual clauses, codes of conduct, guidelines and best practices and/or standards

Articles 19 and 20 of the Protocol require each Party to encourage, as appropriate, the development, update and use of sectoral and cross-sectoral model contractual clauses for mutually agreed terms, and voluntary codes of conduct, guidelines and best practices and/or standards in relation to access and benefit-sharing. Furthermore, the Conference of the Parties serving as the meeting of the Parties to the Protocol shall periodically take stock of the use of these tools and consider the adoption of specific codes of conduct, guidelines and best practices and/or standards.

Model contractual clauses, codes of conduct, guidelines, best practices and standards are tools that can serve to promote consistency, legal certainty and transparency and reduce transaction costs. They can support compliance with national ABS measures as well as assist in the implementation of the Convention on Biological Diversity and the Nagoya Protocol. Different sectors and governments, institutions and industry associations, among others, can share model contractual clauses, codes of conduct, guidelines, best practices and/or standards through the ABS Clearing-House.

  • SUMMARY
  • DECISIONS
  • DOCUMENTS
  • NOTIFICATIONS

Developments since entry into force of the Protocol

COP-MOP 3 (November 2018)

At its third meeting, COP-MOP considered the use of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures as part of the first assessment and review of the Protocol pursuant to Article 31 of the Nagoya Protocol.

COP-MOP 3 adopted decision NP-3/1 on the assessment and review of the effectiveness of the Protocol which includes key findings on the different elements that were part of the analysis (annex I). Element (f) of the key findings provides some conclusions on the stocktaking of the use of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures.

In the decision, COP-MOP also invited relevant stakeholders and user organizations and networks to engage in access and benefit-sharing processes, including by developing tools, such as model contractual clauses, codes of conduct, guidelines, best practices and/or standards that address the needs of their constituency and facilitate compliance with access and benefit-sharing requirements, and to make these tools available through the ABS Clearing-House (paragraph 14).

COP-MOP 3 Decision and Relevant Documents

Meeting of SBI-2 (July 2018)

The second meeting of the Subsidiary Body on Implementation, considered the documents prepared for the first assessment and review of the effectiveness of the Nagoya Protocol, including an information document which takes stock of the use of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures. The recommendation from SBI-2 (Recommendation SBI-2/2) includes a draft decision to MOP-3.

Relevant Documents
  • Stock-taking of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures - CBD/SBI/2/INF/8

COP-MOP 2 (December 2016)

At the second meeting of COP-MOP, Parties included stock-taking of the use of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures as part of the first assessment and review of the Protocol pursuant to Article 31 of the Nagoya Protocol (decision NP-2/4, annex).

COP-MOP 2 Decision and Relevant Documents

COP-MOP 1 (October 2014)

At its first meeting, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol (COP-MOP) adopted decision NP-1/5 on model contractual clauses, voluntary codes of conduct, guidelines and best practices and/or standards (Articles 19 and 20). The decision encourages tools developed under Articles 19 and 20 of the Protocol to be submitted to the ABS Clearing-House and encourages the updating of tools relevant to Articles 19 and 20 that were developed prior to adoption of the Protocol.

The Parties also decided to take stock of the use of Articles 19 and 20 tools as well as indigenous and local communities’ customary laws, community protocols and procedures four years following the entry into force of the Protocol and in conjunction with the first assessment and review of the Protocol.

COP-MOP 1 Decision and Relevant Documents

Developments prior to 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 to the Convention on Biological Diversity (decision X/1) to undertake the preparations for the first meeting of the Parties to the Protocol.

ICNP-3 (February 2014)
At its third meeting, the ICNP considered information and views on the development, updating and use of sectoral and cross-sectoral model contractual clauses, voluntary codes of conduct, guidelines and best practices and/or standards (UNEP/CBD/ICNP/3/10). During the meeting, an exchange of views took place and the Parties agreed to recommend a draft decision for adoption by COP-MOP 1 (recommendation 3/8).

ICNP Recommendations and Relevant Documents

  • Recommendation 3/8
  • Stock-taking of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities’ customary laws, community protocols and procedures - CBD/SBI/2/INF/8
  • Information and Views on the Development, Updating and Use of Sectoral and Cross-Sectoral Model Contractual Clauses, Voluntary Codes of Conduct, Guidelines, Best Practices and Standards - UNEP/CBD/ICNP/3/10
  • Survey of Model Contractual Clauses, Codes of Conduct, Guidelines, Best Practices and Standards by the United Nations University – Institute of Advanced Studies - UNEP/CBD/ICNP/3/INF/2
  • Report of the Informal Meeting for the Implementation of Articles 19 and 20 of the Nagoya Protocol - UNEP/CBD/ICNP/3/INF/3

COP-MOP Decisions

  • Decision NP-3/1 on the Assessment and review of the effectiveness of the Protocol (Article 31)
  • Decision NP-2/4 on the Assessment and review of the effectiveness of the Protocol Article 31), annex
  • Decision NP-1/5 on Model contractual clauses, voluntary codes of conduct, guidelines and best practices and/or standards (Articles 19 and 20)

Relevant Documents

  • Stock-taking of model contractual clauses, codes of conduct, guidelines, best practices and standards as well as indigenous peoples and local communities' customary laws, community protocols, and procedures - CBD/SBI/2/INF/8
  • Information and Views on the Development, Updating and Use of Sectoral and Cross-Sectoral Model Contractual Clauses, Voluntary Codes of Conduct, Guidelines, and Best Practices and Standards - UNEP/CBD/ICNP/3/10
  • Survey of Model Contractual Clauses, Codes of Conduct, Guidelines, Best Practices and Standards by the United Nations University - Institute of Advanced Studies - UNEP/CBD/ICNP/3/INF/2
  • Report of the Informal Meeting for the Implementation of Articles 19 and 20 of the Nagoya Protocol - UNEP/CBD/ICNP/3/INF/3