COMMON POLICY GUIDELINES FOR PARTICIPATING INSTITUTIONS:
PRINCIPLES ON ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING
(Developed by participating botanical gardens and institutions from 19 countries,
November 2000)
The objective of these Common Policy Guidelines is to provide background
guidance to assist Participating Institutions implement the "Principles on Access
to Genetic Resources and Benefit-Sharing for Participating Institutions" set
out in Section
3 of the "Guidelines to assist in the Preparation of the Institutional Policies".
Participating Institutions endorse the following Principles on
access to genetic resources and benefit-sharing:
Convention on Biological
Diversity (CBD) and laws related to access to genetic resources and associated
traditional knowledge and benefit-sharing
- Honour the letter and spirit of the CBD, The Convention on International
Trade in Endangered Species of Wild Flora and Fauna (CITES) and laws relating
to access and benefit-sharing, including those relating to traditional knowledge.
Acquisition of genetic resources
- In order to obtain prior informed consent, provide a full explanation of
how the genetic resources will be acquired and used.
- When acquiring genetic resources from in situ conditions, obtain
prior informed consent from the government of the country of origin and any
other relevant Stakeholders, according to applicable law and best practice.
- When acquiring genetic resources from ex situ collections (such as
botanic gardens), obtain prior informed consent from the body governing the
ex situ collection and any additional consents
required by that body.
- When acquiring genetic resources from ex situ sources, whether from
ex situ collections, commercial sources or individuals, evaluate
available documentation and, where necessary, take appropriate steps to ensure
that the genetic resources were acquired in accordance with applicable law and
best practice.
Use and supply of genetic resources
- Use and supply genetic resources and their derivatives on terms and
conditions consistent with those under which they were acquired.
- Prepare a transparent policy on the commercialisation (including plant
sales) of genetic resources acquired before and since the CBD entered into
force and their derivatives, whether by the Participating Institution or a
recipient third party.
Use of written agreements
- Acquire genetic resources and supply genetic resources and derivatives
using written agreements, where required by applicable law and best practice,
setting out the terms and conditions under which the genetic resources may be
acquired, used and supplied and resulting benefits shared.
Benefit-sharing
- Share fairly and equitably with the country of origin and other
Stakeholders, the benefits arising from the use of genetic resources and their
derivatives including non-monetary, and, in the case of commercialisation,
also monetary benefits.
- Share benefits arising from the use of genetic resources acquired prior to
the entry into force of the CBD, as far as possible, in the same manner as for
those acquired thereafter.
Curation
- In order to comply with these Principles, maintain records and mechanisms
to:
- record the terms and conditions under which genetic resources are
acquired;
- track the use in the Participating Institution and benefits arising from
that use; and
- record supply to third parties, including the terms and conditions of
supply.
Prepare a policy
- Prepare, adopt and communicate an institutional policy setting out how the
Participating Institution will implement these Principles.
