1. ABS aspects of the Moorea Biocode Project Case Study - French Polynesia Sabine Brels R. Gump South Pacific Research Station, Moorea, French Polynesia

2. Two legal considerations: 1.ABS 2.Protected species At three levels: 1.International - Related conventions 2.Local - French Polynesia legislation 3.Specific - Biocode Project agreements

3. 1. ABS Considerations International CBD: France Party - French Polynesia autonomous Status, 2004 French Polynesia (FP) Competence to adopt ABS legislation (environment in general) No ABS legislation for the moment (draft text 2006 - IRD study) Biocode Project PIC: FP agreements with the Gump station & foreign researchers MAT: Memorandum of Understanding (MOU) under discussion ILCs: Partnership with Community Based Organization in FP

4. 2. Protected Species International CITES (Washington, 1973): Import/export permits for listed species Specific derogation for accredited scientific research institutions French Polynesia CITES applicable since recently (Ordinance of 5 June 2008) Specific legislation to protect listed local species (access, export) Biocode Project CITES accreditation for the Biocode consortium members Protected species in FP accessed via ex situ collections or permits

5. Conclusions No ABS legislation implementing CBD in FP – nor in France… Access regulated by FP legislation protecting local species (permits) Benefit sharing : Voluntary MOU: code of conduct referring to CBD Obligations to mention origin of FP & share non-monetary benefits - 4 principles: 1- Non commercial use of Biocode material (specimens & DNA) 2- Commercial use if additional binding contract signed with FP 3- Transfer facilitated between Biocode consortium members 4- Transfer to bona fide third parties under MOU conditions FP government & ILCs rights respected with cooperative agreements Why not showing the way without being obliged to do so?

10. THANK YOU VERY MUCH!