(-1)

The Union has put in place an ‘EU Biodiversity Strategy to 2020’, which commits it to stepping up its contribution to averting global biodiversity loss by 2020 .

(1)

A broad range of players in the Union, including academic researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes; some also use traditional knowledge associated with genetic resources.

(1)

A broad range of users and suppliers in the Union, including academic researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes; some also use traditional knowledge associated with genetic resources. Research and development activities imply not only the study and analysis of the genetic or biochemical composition of genetic resources but also measures to generate innovation and practical applications. The successful implementation of the Nagoya Protocol also depends on the way in which users and suppliers of genetic resources or traditional knowledge associated with genetic resources are able to negotiate agreed conditions for the promotion of biodiversity conservation in accordance with the ‘EU biodiversity strategy to 2020’.

(2)

Genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production, forestry, development of medicines, or development of bio-based sources of renewable energy.

(2)

Genetic resources represent the gene pool in both natural and cultivated or domesticated stocks and play a significant and growing role in many economic sectors including food production, forestry, biotechnology, development and production of medicines, cosmetics or development of bio-based sources of energy. Genetic resources play a significant role in the implementation of strategies designed to restore damaged ecosystems and safeguard endangered species.

(2a)

The Union recognises the interdependence of all countries with regard to genetic resources for food and agriculture, as well as the special nature and importance of those resources for achieving food security worldwide and for the sustainable development of agriculture in the context of poverty alleviation and climate change, and acknowledges the fundamental role of the International Treaty on Plant Genetic Resources for Food and Agriculture and the FAO Commission on Genetic Resources for Food and Agriculture in this regard.

(2b)

Research on genetic resources is gradually being extended into new areas, especially the oceans, which are still the planet's least explored and least well-known environments. The deep ocean in particular represents the last great frontier on the planet and is attracting growing interest in terms of research, prospecting and resource exploration. In this context, a study of the immense biodiversity to be found in deep marine ecosystems is an emerging and highly promising area of research with a view to the discovery of genetic resources offering potential applications for a wide range of purposes.

(2c)

It is recognised practice to exchange all plant genetic resources for food and agriculture for the purposes of research, breeding and training under the terms and conditions of the Standard Material Transfer Agreement (SMTA) established under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) as determined in the Memorandum of Understanding for the establishment of the European Genebank Integrated System (AEGIS); in accordance with Article 4.3 of the Nagoya Protocol, it is acknowledged that such a practice is supportive of, and does not run counter to, the objectives of the Convention and the Nagoya Protocol.

(3)

Traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of interesting genetic or biochemical properties of genetic resources.

(3)

Traditional knowledge that is held by indigenous and local communities may provide important lead information for the scientific discovery of potentially valuable genetic or biochemical properties of genetic resources , including the knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles that are relevant for the conservation and sustainable use of biological diversity. The rights of such communities, as laid down in Convention No. 169 of the International Labour Organisation on Indigenous and Tribal Peoples and also set out in the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007 should be respected and Union implementing measures should facilitate that aim.

(3a)

It is important to recall that, according to the European Patent Convention, plant and animal varieties as well as biological processes for the production of plants and animals are not patentable. When inventions are based on genetic resources or on components of genetic resources, applications for a patent covering, inter alia, those resources, products, including derivatives, and processes derived from the use of biotechnology, or traditional knowledge associated with the genetic resources, should indicate the resources and their origin should be provided to the relevant authorities and transmitted to the competent authority. The same obligation should apply to new plant variety rights.

(3b)

Competence and responsibility for the practical implementation of measures to safeguard indigenous and local communities within the Union in access and benefit-sharing arrangements would remain with Member States and their courts.

(4a)

Genetic resources should be preserved in situ and used in sustainable ways and the benefits arising from their utilisation should be shared fairly and equitably. This would contribute to poverty eradication and, thereby, to achieving the United Nations Millennium Development Goals, as acknowledged in the preamble of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (‘the Nagoya Protocol’), adopted on 29 October 2010 by the Parties to the Convention. As parties to the Convention, the Union and most of its Member States have signed the Nagoya Protocol. Capacity to effectively implement that Protocol should be supported.

(4b)

Benefit-sharing should be seen in a context where biodiversity-rich developing countries dominate the provision of genetic resources, while users are mainly found in developed countries. In addition to having the potential to contribute to conservation and the sustainable use of biodiversity, access and benefit-sharing can also contribute to poverty eradication and environmental sustainability and thereby to progress towards the Millennium Development Goals, as acknowledged in the preamble of the Nagoya Protocol. The implementation of the Nagoya Protocol should also aim to realise that potential.

(4c)

The right to food, laid down in Article 25 of the Universal Declaration of Human Rights and Article 11 of the International Covenant on Economic, Social and Cultural Rights, as well as the right to the enjoyment of the highest attainable standard of health recognised in Article 12 of the International Covenant on Economic, Social and Cultural Rights, are of superior importance and should always be protected.

(4d)

As is the case with genetic resources, traditional knowledge associated with such resources is largely concentrated in developing countries, in particular in indigenous and local communities. The rights of such communities laid down in Convention No 169 of the International Labour Organisation on Indigenous and Tribal Peoples and also set out in the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in 2007 should be respected and Union implementing measures should facilitate this .

(5)

The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity.

(5)

The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources, for environmentally sound uses by other Parties , over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon the prior informed consent requirement of the country of origin of this resource and the benefits shall be based on mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity. Genetic resources should, indeed, be utilized in a balanced and sustainable manner and local communities legitimately involved, for it is only in that way that opportunities, developments, and benefits arising from their utilization can be shared fairly and equitably among all Parties.

(6)

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol significantly expands the general rules of the Convention on access and benefit-sharing for the use of genetic resources and traditional knowledge associated with genetic resources.

(6)

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol further details the general rules of the Convention on access and monetary and non-monetary benefit-sharing for the utilisation and subsequent commercialisation of genetic resources and traditional knowledge associated with genetic resources.

(7a)

The Nagoya Protocol applies to genetic resources falling within the scope of Article 15 of the Convention as opposed to the wider scope of Article 4 of the Convention. This implies that the Nagoya Protocol does not extend to the full jurisdictional scope of Article 4, such as to activities taking place in marine areas beyond national jurisdiction. Nonetheless, nothing in the Nagoya Protocol prevents Parties to it from extending its principles to activities taking place in such marine areas.

(8)

It is important to set out a clear and sound framework for implementing the Nagoya Protocol that should enhance opportunities available for nature-based research and development activities in the Union. It is also essential to prevent the use of illegally acquired genetic resources or traditional knowledge associated with genetic resources in the Union and to support the effective implementation of benefit-sharing commitments set out in mutually agreed terms between providers and users .

(8)

It is important to set out a clear and sound framework for implementing the Nagoya Protocol and the relevant provisions of the Convention that should support its main objective, notably the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising from the utilization of genetic resources. This includes preventing the use of illegally acquired genetic resources or traditional knowledge associated with such resources in the Union . It is also essential to enhance opportunities available for nature-based research and development activities in the Union, in particular by improving the conditions for legal certainty in connection with the use of genetic resources and traditional knowledge.

(8a)

Utilisation of illegally acquired genetic resources, or subsequent commercialisation of products based on such resources or associated traditional knowledge should be prohibited.

(8b)

The framework created by this Regulation is needed also to maintain and increase trust between Parties, indigenous and local communities, and stakeholder groups involved in access and benefit-sharing of genetic resources.

(9)

In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol should only apply to genetic resources and traditional knowledge associated with genetic resources that are accessed after the entry into force of the Nagoya Protocol for the Union.

(9)

In order to ensure legal certainty, it is important that the rules implementing the Nagoya Protocol should only apply to new acquisitions or new utilisations of genetic resources and traditional knowledge associated with genetic resources that take place or commence after the entry into force of the Nagoya Protocol for the Union.

(11)

It is important to define, in accordance with the Nagoya Protocol, that use of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material, which includes research and development on isolated compounds extracted from genetic material that was accessed in a Party to the Nagoya Protocol.

(11)

It is important to define, in accordance with the Nagoya Protocol, that utilisation of genetic resources refers to research and development on the genetic or biochemical composition of genetic resources . Research and development should be understood to mean the investigation and study of the genetic or biochemical composition of genetic resources in order to establish facts and reach conclusions, including the creation of innovations and practical applications.

(14)

With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that, where relevant, benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence. Therefore, only minimum features of due diligence measures should be set out. The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as complementary measures in support of sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing costs. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation.

(14)

With a view to ensuring an effective implementation of the Nagoya Protocol, all users of genetic resources and traditional knowledge associated with such resources should have to exercise due diligence to ascertain that the genetic resources and associated traditional knowledge used were accessed in accordance with applicable legal requirements and to ensure that, benefits are shared. However, given the diversity of users within the Union it is not appropriate to oblige all users to take the same measures for exercising due diligence. The specific choices taken by users on the tools and measures applied for exercising due diligence should be supported through the recognition of best practices as well as sectoral codes of conduct, model contractual clauses, and guidelines with a view to increasing legal certainty and reducing costs. The obligation on users to keep information relevant for access and benefit-sharing should be limited in time, consistent with the time-span for an eventual innovation.

(14a)

The successful implementation of the Nagoya Protocol depends on users and providers of genetic resources or of traditional knowledge associated with genetic resources negotiating mutually agreed terms that not only lead to fair benefit-sharing, but also contribute to the Nagoya Protocol's wider objective of contributing to the conservation of biological diversity.

(16)

Best practices developed by users should play an important role in identifying due diligence measures that are particularly suitable for achieving compliance with the system of implementation of the Nagoya Protocol with high legal certainty and at low costs. Users should be enabled to build on existing access and benefit-sharing codes of conduct developed for the academic sector and different industries. Associations of users should be able to request that the Commission determines whether a specific combination of procedures, tools or mechanisms overseen by an association may be recognised as best practice. Competent authorities of the Member States should consider that the implementation of a recognised best practice by a user reduces that user’s risk of non-compliance and justifies a reduction in compliance checks. The same should apply to best practices adopted by the collective of the Parties to the Nagoya Protocol.

(17)

Users should declare at identified points in the chain of activities that constitute use that they have exercised due diligence. Suitable points for such declarations are the receiving of public research funds , when a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required. Notably, the declaration made upon occasion of requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this Regulation.

(17)

Users should declare at identified points in the chain of activities that they have exercised due diligence , and provide evidence to that effect . Suitable points for such declarations are upon the establishment of prior informed consent and mutually agreed terms, upon receipt of research funding, when applying for intellectual property rights at relevant national, regional or international institutions, where a market approval for a product developed on the basis of genetic resources is requested or at the time of commercialisation where a market approval is not required. Notably, the declaration made upon applying for intellectual property rights or requesting market approval would not constitute part of the approval procedure as such and would be directed to competent authorities established under this Regulation.

(18)

Collecting of genetic resources in the wild is mostly undertaken for non-commercial purposes by university-based researchers or collectors . In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries.

(18)

Collecting of genetic resources in the wild is mostly undertaken by private collectors and companies, often serving commercial purposes , and by academic researchers or scientific institutions serving non-commercial purposes . In the vast majority of cases and in almost all sectors, access to newly collected genetic resources is gained through intermediaries, collections, or agents that acquire genetic resources in third countries , both commercially and non-commercially . This Regulation should ensure that the provisions of mutually agreed terms for the initial access relevant for third party transfer are followed by all parties involved. In many cases subsequent utilisation or commercialisation could require new prior mutually agreed terms.

(19)

Collections are major suppliers of genetic resources and traditional knowledge associated with genetic resources used in the Union. A system of Union trusted collections should be set in place. It would ensure that collections included in the register of Union trusted collections effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms, where required. A system of Union trusted collections should substantially lower the risk that illegally acquired genetic resources are used in the Union. Competent authorities of Member States would verify if a collection meets the requirements for recognition as Union trusted collection. Users that acquire a genetic resource from a collection listed in the Union register should be considered to have exercised due diligence as regards the seeking of all necessary information. This should prove particularly beneficial for academic researchers as well as small and medium sized enterprises.

(19)

Most collections are the most accessible suppliers of genetic resources and traditional knowledge associated with genetic resources utilised in the Union. As suppliers they can play an important role in helping other users in the chain of custody to comply with their obligations. In order to do so a system of Union registered collections should be set in place. It ensures that collections registered at Union level effectively apply measures to only supply samples of genetic resources to third persons with documentation providing evidence of legal acquisition and the establishment of mutually agreed terms, where required. A system of Union registered collections should substantially lower the risk that illegally acquired genetic resources are utilised in the Union. Competent authorities of Member States would verify if a collection meets the requirements for recognition as a Union registered collection, including demonstrating the capacity to respect the broad objectives of the Nagoya Protocol in terms of achieving a fair and equitable sharing of the benefits arising from the utilisation of genetic resources and contributing to the conservation of biodiversity. Users that acquire a genetic resource from a collection listed in the Union register should be considered to have exercised due diligence as regards the seeking of all necessary information. This should prove particularly beneficial for academic researchers as well as small and medium sized enterprises.

(19a)

Union registered collections should adhere to the objective of the Nagoya Protocol. They should contribute to awareness raising and capacity-building, in line with that Protocol's Articles 21 and 22, to the extent that the resources at their disposal so permit. Competent authorities may consider providing funding to collections for such activities. Every Union registered collection should seek to contribute to efforts to document traditional knowledge associated with genetic resources, in cooperation with indigenous and local communities, authorities, anthropologists and other actors, as appropriate. Such knowledge should be handled with full respect for relevant rights. Information on such knowledge should be publicised when this serves and does not in any way contravene or hamper the protection of relevant rights .

(20)

Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.

(20)

Competent authorities of Member States should check whether users comply with their obligations. In that context, competent authorities should accept internationally recognised certificates of compliance as evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. When an international certificate is not available, other legally acceptable forms of compliance should be considered evidence that the genetic resources covered were legally acquired and that mutually agreed terms were established. Competent authorities should also keep records of the checks made and relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information.

(22a)

The Union should act in a proactive manner to ensure the objectives of the Nagoya Protocol regarding global multilateral benefit-sharing mechanisms are achieved in order to increase resources to support conservation of biological diversity and the sustainable use of its components globally.

(23)

A Union platform on access should enable discussions on and contribute to the streamlining of access conditions in Member States, the design and performances of access regimes, simplified access for non-commercial research, access practices of collections in the Union, access of Union stakeholders in third countries and the sharing of best practices.

(23)

A Union platform on access and fair and equitable benefit-sharing should enable discussions on and contribute to the streamlining of access conditions in Member States, the design and performances of access and benefit-sharing regimes, simplified access and benefit-sharing for non-commercial research, access and benefit-sharing practices of collections in the Union, access and benefit-sharing of Union stakeholders in third countries and the sharing of best practices. The Union platform should fully respect Member State competences and aim to ensure, as appropriate, the involvement of indigenous and local communities in accordance with the Nagoya Protocol.

(3)

‘genetic resources’ means genetic material of actual or potential value;

(3)

‘genetic resources’ means genetic material of actual or potential value , or derivatives thereof ;

(3a)

‘derivative’ means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity;

(5)

‘user’ means a natural or legal person using genetic resources or traditional knowledge associated with genetic resources;

(5)

‘user’ means a natural or legal person utilising genetic resources or traditional knowledge associated with genetic resources or who subsequently commercialises genetic resources or products based on genetic resources or traditional knowledge associated with genetic resources ;

(6)

‘ use of genetic resources’ means to conduct research and development on the genetic or biochemical composition of genetic resources;

(6)

‘ utilisation of genetic resources’ means to conduct research and development on the genetic or biochemical composition of genetic resources including through the application of biotechnology ;

(6a)

‘commercialisation’ means for the purposes of this Regulation the making available of a product on the Union market;

(6b)

‘biotechnology’ means any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use;

(8 a)

‘illegally acquired genetic resources’ means genetic resources and traditional knowledge associated with genetic resources acquired in contravention of the applicable international and national law on access and benefit-sharing in the country of origin;

(11)

‘internationally recognised certificate of compliance’ means an access permit or its equivalent issued by a competent national authority in accordance with Article 6(3)(e) Nagoya Protocol, that is made available to the Access and Benefit-sharing Clearing-House;

(11)

‘internationally recognised certificate of compliance’ means an access permit or its equivalent issued by a competent national authority in accordance with Article 6(3)(e) of the Nagoya Protocol, that is made available to the Access and Benefit-sharing Clearing-House;

(12)

‘Access and Benefit-sharing Clearing-House’ means the global information-sharing portal established under Article 14(1) Nagoya Protocol.

(12)

‘Access and Benefit-sharing Clearing-House’ means the global information-sharing portal established under Article 14(1) of the Nagoya Protocol.

(a)

seek, keep and transfer to subsequent users information on

(a)

seek, keep and transfer to subsequent users information on the internationally recognised certificate of compliance, in the case of genetic resources acquired from Parties to the Nagoya Protocol that have regulated access to their genetic resources in compliance with Article 6 of the Nagoya Protocol, as well as on the content of the mutually agreed terms, and information on:

(b)

obtain additional information or evidence where uncertainties about the legality of access and use persist; and

(b)

obtain additional information or evidence where uncertainties about the legality of access and use persist; and

(c)

obtain a proper access permit, establish mutually agreed terms, or discontinue the use where it appears that access was not in accordance with applicable access and benefit-sharing legislation or regulatory requirements.

(c)

obtain a proper access permit, establish mutually agreed terms, or discontinue the use where it appears that access was not in accordance with applicable access and benefit-sharing legislation or regulatory requirements.

(a)

apply standardised procedures for exchanging samples of genetic resources and related information with other collections, and for supplying samples of genetic resources and related information to third persons for their use;

(b)

have samples of genetic resources and related information supplied to third persons for their use only with documentation providing evidence that the resources and the information were accessed in accordance with applicable legal requirements and, where relevant, mutually agreed terms for the fair and equitable sharing of benefits;

(c)

keep records of all samples of genetic resources and related information supplied to third persons for their use;

(d)

establish or use unique identifiers for samples of genetic resources supplied to third persons;

(e)

use appropriate tracking and monitoring tools for exchanging samples of genetic resources and related information with other collections.

(a)

establishing prior informed consent and mutually agreed terms;

(b)

receiving research funding involving utilisation of genetic resources and traditional knowledge associated with genetic resources;

(c)

applying for patents or for new plant variety rights at relevant national, regional or international institutions covering, inter alia, the accessed genetic resources, products, including derivatives, and processes derived from the use of biotechnology, or traditional knowledge associated with the genetic resources;

(d)

requesting market approval for a product developed on the basis of genetic resources or traditional knowledge associated with such resources, or

(e)

at the time of commercialisation where a market approval is not required.

(a)

examination of the measures taken by a user to exercise due diligence in accordance with Article 4;

(a)

examination of the measures taken by a user to exercise due diligence in accordance with Article 4;

(b)

examination of documentation and records that demonstrate the exercise of due diligence in accordance with Article 4 in relation to specific use activities;

(b)

examination of documentation and records that demonstrate the exercise of due diligence in accordance with Article 4 in relation to specific use activities;

(c)

on the spot checks, including field audits;

(c)

on the spot checks, including field audits;

(d)

examination of instances where a user was obliged to make declarations under Article 7.

(d)

examination of instances where a user was obliged to make declarations under Article 7.

(a)

fines;

(a)

fines proportional to the value of the use activities related to the genetic resources concerned and that at least effectively deprive those responsible of the economic benefits derived from the infringement;

(b)

immediate suspension of specific use activities;

(b)

immediate suspension of specific use activities including commercialisation of products based on genetic resources and associated traditional knowledge;

(c)

confiscation of illegally acquired genetic resources.

(c)

confiscation of illegally acquired genetic resources.

(da)

take measures to support, including through existing research programmes, collections that contribute to the conservation of biological diversity and cultural diversity but which have insufficient means to register their collections in the Union register;

(db)

ensure that, in situations where genetic resources and associated traditional knowledge are utilised illegally, or not in compliance with prior informed consent or mutually agreed terms, providers who are competent to grant access to genetic resources and sign mutually agreed terms are entitled to bring an action to prevent or stop such utilisation, including through injunctions, and to seek compensation for any damages resulting therefrom, as well as, where appropriate, for the seizure of the genetic resources concerned;

(dc)

encourage users and providers to direct benefits arising from the utilisation or subsequent commercialisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components;

(dd)

support, including through capacity-building, upon request, regional cooperation on benefit-sharing regarding transboundary genetic resources and associated traditional knowledge;

(de)

consider the necessity for creating catalogues of the available genetic resources originating from each Member State in accordance with Article 7 of the Convention, in order to have a better knowledge of biodiversity;

(df)

support research and development of genetic catalogues both within the Union and in third countries.

(1)

in Article 3, the following point is added:

(2)

In Annex A, the following indent is added: