Nagoya Protocol : Where are we? 5th Pan-African Workshop Marrakech, 30 January- 4 February 2011

Union for Ethical BioTrade UEBT is a non-profit association that promotes the "Sourcing with Respect” of ingredients that come from native biodiversity. Members commit to gradually ensuring that their sourcing practices promote the conservation of biodiversity, respect traditional knowledge, and assure the equitable sharing of benefits all along the supply chain. The commitment is externally verified, using the Ethical BioTrade standard as the basis to measure progress. The standard is based on the BioTrade principles and criteria and encompasses the objectives of the CBD.

Some UEBT Members Swazi Indigenous Products * Serdex – Division Bayer Healthcare

Union for Ethical BioTrade Promote. oBeauty of Sourcing with Respect annual conference oBiodiversity Barometer oPress and company outreach Recognize. oEthical BioTrade standard oIndependent verification oImpact measurement Facilitate. oBusiness support oCommunity trading grants

A (complementary) perspective Context o ABS and companies using natural ingredients in food and cosmetics sector Assessing the Nagoya outcomes o Impressions, questions, concerns Looking ahead: Putting in practice ABS

UEBT documents, including standard, policies and procedures ABS information for business Videos on ABS, patents

ABS and natural ingredients

“… fragrance and flavour companies actively search out innovative new ingredients in nature, in particular the ingredient supply companies, and – as with many companies in the botanicals sector – they don’t feel any need to sign agreements, pay royalties, or otherwise provide benefits. Most have never even heard of the CBD.” Laird and Wynberg (2008)

Does your company ABS? Lack of awareness outside leaders in sustainability No clarity on legal and conceptual basis, scope, responsibilities Limited national legislation, few operational systems Little guidance – no practical tools! Risks of engagement

68% CGEN requests

Assessing the Nagoya outcomes

Nagoya Protocol on ABS Approach and provisions o International, legally-binding rules o Broader, more defined scope o More clarity on procedures for access and benefit sharing o New implementation mechanisms Starting point for awareness raising, capacity building and best practices. A more level playing field?

Nagoya Protocol on ABS What exactly is covered by “utilization of genetic resources?” How will these provisions apply to existing use of biodiversity? Will these provisions be clear and operational in their implementation? How will ABS be promoted, mainstreamed and coordinated? What are the risks and benefits of early adoption?

“Utilization of genetic resources” Genetic modification Breeding and propagation R&D on gene products (RNA, proteins) Biosynthesis R&D on primary and secondary metabolites R&D on biochemicals Use of plant oils and extracts Biological resources used as commodities ABS

“Utilization of genetic resources” Research and development on all biochemical compounds? Are alcoholic extracts and other compounds that do not contain DNA really excluded? What research and development? What level of innovation? Could there be technological criteria? Would use of synthetic or natural ingredients matter? Do other factors have an impact? And then came others: What of subsequent companies, benefiting from initial R&D? Or new products based on well-known uses?

“Utilization of genetic resources” How do access requirements apply along a supply chain? When does ABS become applicable and how are the responsibilities determined among the different actors? When is there “utilization of traditional knowledge?” Is any traditional knowledge linked to the resource relevant for ABS? What are factors of relevance? Direct access? Link with properties of product or active ingredients? Use in marketing claims?

New access, new use, new benefits? How will such differences be reflected in terms of requirements linked to access and/or requirements linked to benefit sharing? If access and benefit sharing requirements are not always linked, what should be discussed with whom and when? Is there benefit sharing without mutually agreed terms? Problems with traceability of research material, ex-situ resources, consideration of traditional knowledge Addressing different types of benefits – as well as investments and risks

New access, new use, new benefits? How will the global benefit sharing mechanism work? When would it become operational? Where do we sign up? What are the suggested approaches, tools for different stakeholders in various circumstances? What will be level of coordination among provider and user countries? What guidance, support and facilitation will be provided for compliance?

Looking ahead: Putting ABS into practice

Implications for cosmetics, food sectors Reaffirmation of importance of ABS More interest, scrutiny of ABS practices Review policies and practices across company Responsibilities and demands along the supply chain Other issues: Patents, reporting on ABS Chance for pro-active engagement of private sector? Risks or opportunities for early adopters?

Implications for implementation? Importance of understanding situation on the ground Further clarification of key concepts A supply-chain perspective Consideration of different types of uses, stakeholders, sectors Support for practical tools, approaches, incentives Importance of standards, best practices for gaps in Nagoya Protocol

Implications for implementation? Existing as well as new supply chains Coordination, collaboration Engagement and partnership with private sector, particularly front-runners Transition – What do to in the meantime, what do do when provisions enter in force “Implement” and “implement”

Thank you.