The Nagoya Protocol on Access and Benefit-sharing

Specialized international ABS instruments

Article 4, paragraph 4, of the Nagoya Protocol states that “This Protocol is the instrument for the implementation of the access and benefit-sharing provisions of the Convention. Where a specialized international access and benefit-sharing instrument applies that is consistent with, and does not run counter to the objectives of the Convention and this Protocol, this Protocol does not apply for the Party or Parties to the specialized instrument in respect of the specific genetic resource covered by and for the purpose of the specialized instrument.” The discussions under Article 4, paragraph 4, emerged at the second meeting of the Conference of the Parties serving as the meeting to the Parties of the Nagoya Protocol.

  • SUMMARY
  • DECISIONS
  • DOCUMENTS
  • NOTIFICATIONS
  • 2019-2022 INTERSESSIONAL PERIOD

COP-MOP 4 (December 2022)

Noting the divergence of views among Parties with regard to specialized international ABS instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol, COP-MOP adopted decision NP-4/11, in which it took note of recommendation 3/16 of the Subsidiary Body on Implementation, on specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol. COP-MOP decided to further review the item at its fifth meeting on the basis of recommendation 3/16.

COP-MOP 4 Decision and Relevant Documents
  • Decision NP-4/11 on specialized international access and benefit sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol
  • Recommendation SBI-3/16 on specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol - CBD/SBI/REC/3/16

Third meeting of the Subsidiary Body on Implementation (May-June 2021 and March 2022)

The first part of the third meeting of the Subsidiary Body on Implementation (SBI) was held online from 16 May to 13 June 2021, following a preparatory informal session in February 2021. The meeting considered a note by the Executive Secretary containing a synthesis of information provided by Parties and other Governments on how specialized international access and benefit-sharing instruments are addressed in their domestic measures and views on the potential criteria contained in the study as well as developments in relevant international forums and to make a recommendation to the fourth meeting of the Parties to the Protocol. At the second part, which took place from 14 to 29 March 2022 in Geneva, Switzerland, SBI-3 resumed the consideration of this item and adopted Recommendation-3/16 on specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol.

Relevant Documents
  • Recommendation SBI-3/16 on specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol - CBD/SBI/REC/3/16
  • Specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol - CBD/SBI/3/14

COP-MOP 3 (November 2018)

At its third meeting, COP-MOP considered recommendation 2/5 by the Subsidiary Body on Implementation (SBI) and adopted decision NP-3/14 on specialized international access and benefit sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol.

In the meeting of the Parties took note of the study commissioned by the Executive Secretary and agreed to reconsider the potential criteria as summarized in the annex to the decision at its fourth meeting. The potential criteria summarized in the annex are under discussion and have not been agreed to by Parties to the Protocol.

COP-MOP invited Parties and other Governments to submit: (a) information on how specialized international access and benefit-sharing instruments are addressed in their domestic measures; and (b) views on the potential criteria contained in the study, taking into account Article 4, paragraphs 1 to 3, of the Protocol. COP-MOP requested the Executive Secretary to synthesize the information and views submitted and make it available for consideration by the Subsidiary Body on Implementation at its third meeting.

COP-MOP 3 Decision and Relevant Documents

Second meeting of the Subsidiary Body on Implementation (July 2018)

The second meeting of the Subsidiary Body on Implementation (SBI) considered a note by the Executive Secretary and the study into criteria that could be used to identify what constitutes a specialized international access and benefit-sharing instrument, and what could be a possible process for recognizing such an instrument, as requested by decision NP-2/5. SBI agreed to recommendation 2/5 containing a decision on this matter for consideration by the third meeting of the Conference of the Parties serving as the meeting of the Parties to the Protocol (COP-MOP 3).

Relevant Documents
  • Specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol - CBD/SBI/2/6
  • Study into criteria to identify a specialized international access and benefit-sharing instrument, and a possible process for its recognition - CBD/SBI/2/INF/17

COP-MOP 2 (December 2016)

At its second meeting, COP-MOP, in decision NP-2/5 on cooperation with other international organization, conventions and initiatives, requested the Executive Secretary, in the context of Article 4, paragraph 4, of the Protocol to conduct a study into criteria that could be used to identify what constitutes a specialized international access and benefit-sharing instrument, and what could be a possible process for recognizing such an instrument. COP-MOP referred the study for further consideration by the Subsidiary Body on Implementation before consideration by the Conference of the Parties serving as the meeting of the Parties at its third meeting.

COP-MOP 2 Decision and Relevant Documents

Decisions
  • Decision NP-4/11 on specialized international access and benefit sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol
  • Decision NP-3/14 on specialized international access and benefit sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol
  • Decision NP-2/5

2019-2022 Intersessional Period

Submissions on Article 4, paragraph 4, of the Nagoya Protocol pursuant to decision NP-3/14

In decision NP-3/14, paragraph 2, the Conference of the Parties serving as the meeting of the Parties to the Nagoya Protocol invited Parties and other Governments to submit:

  • Information on how specialized international access and benefit-sharing instruments are addressed in their domestic measures;

  • Views on the potential criteria contained in the study (summarized in the Annex to decision NP-3/14), taking into account Article 4, paragraphs 1 to 3, of the Protocol.

The Secretariat invited the submission of views and information further to decision NP-3/14 through notification 2019-025. The submissions received by the Secretariat in response are available below.

The submissions received by the Secretariat are listed in alphabetical order:

Parties to the Nagoya Protocol
Submission by received
European Union and its Member States 2 September 2019
Japan 7 August 2019
Norway 30 September 2019
Switzerland 26 August 2019

Other governments
Submission by received
Canada 2 August 2019
New Zealand 11 September 2019

Organizations and stakeholders
Submission by received
African Union 27 September 2019

Relevant Documents

  • Specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol - CBD/SBI/3/14
  • Specialized international access and benefit-sharing instruments in the context of Article 4, paragraph 4, of the Nagoya Protocol - CBD/SBI/2/6
  • Study into criteria to identify a specialized international access and benefit-sharing instrument, and a possible process for its recognition – CBD/SBI/2/INF/17