ABS M AB Mec echanism hanism: : ind ndian ian ex - - PowerPoint PPT Presentation
Chall llenges enges i in I Implem plementing nting ABS M AB Mec echanism hanism: : ind ndian ian ex experience erience (IAC - Meeting on capacity Building for the implementation of nagoya protocol 15-17 sept 2015, montreal)
(IAC - Meeting on capacity Building for the implementation of nagoya protocol 15-17 sept 2015, montreal)
(Indian Forest Service) Managing Director Goa Forest Development Corporation Expert Consultant to NBA ( Formerly- Secretary- NBA )
As per Biological Diversity Act- 2002,(BDA) Rules 2004 & also Rules framed by States ( Provincial Governments) * The Regulators / Facilitators / Promoters in India are ….
* Possibility of-
Overlapping roles
Mis-understanding Mis-communication Clash Conflict
There is a need to bring-
Better Understanding Convergence Synchronisation
Synergy
**********
Policy makers and have little role in day to day implementation of Biological Diversity Act and Nagoya protocol.
work mostly under the guidance of SBBs and NBA.
Federal Structure – Central & Provincial Govts.
Locals, BMCs, SBBs, NBA.
Institutions,Multinational Companies (Indian/Non Indian)
INDIA-UNDP - BIODIVERSITY PROJECT
Biological Diversity Act of India
Areas of Capacity Building
******** SBBs (Provincial Authorities) need to fine tune its rules—
Nagoya Protocol
(Article – 2 – Terms Defined) Utilization of Genetic Resources
Means to conduct research and development on the genetic and/ or biochemical composition of genetic resources, including through the application of biotechnology as defined in Article 2 of the convention.
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.
CAPACITY BUIL ILDING – SECOND PROJE JECT – ABS REGIM IME UNEP-GEF-GOI Projec
ject – Fir irst ever r Glo lobal l A ABS BS projec ject for r In India ia
GEF Agency Project ID: 493; Country: India GEF Strategic long term objective – To build Capacity on ABS
Other Executing Partners
inis istry ry of
vironment and Forests, Governmen ent of
India ia
tional l Bio Biodiversit ity Auth thority
Biodiv iversity Boa Boards (5 (5 states es)
Divis ision of
vironmental La Law and Con Conventions (U (UNEP/DELC),
ited ed Nati tions Univ iversity – In Instit itute of
ed Stu tudies (U (UNU-IAS)
Duration : 36 Months Agency Approval date: March, 2011 Duration of Project: 2011 -2014
Andhra Pradesh Coastal & Semi-Arid Himachal Pradesh Mountain and Forest Gujarat Wetland & Coastal Arid West Bengal Wetland & Coastal
GEF & GoI Projec ject Im Imple lementatio ion sit sites
Sikkim Mountain and Forest
1. . Id
Identification of
iodiversity wit ith pot
l for ABS an and th their valu aluation in in se sele lect ecosystems su such as as For
and wetla lands. 2. . De Development of
idelin ines, fr frameworks for
imple lementin ing ABS Provis isions of
the BDA. 3.
ilotin ing ag agreements on
4.
Imple lementation of
and regula latory fr framework(s) rela lating to
t national l le level an and th thereby con
ibute to in international l ABS poli
issues. 5.
apacity build ildin ing for str trengthenin ing im imple lementation of
the BD D Act ct 6.
Increasing publi lic awareness an and education programmes.
Centre for Biodiversity Policy and Law After a series of informal discussions on bridging the gap between strategic thinking and research to deal with emerging and current biodiversity governance issues and policy as well as law making,- Governments of Norway and India decided to collaborate in the establishment of CEBPOL based in Chennai, India, Nov, 2010
Objective of
Develop professional expertise in biodiversity related policies and laws. Interface with other multilateral environment agreements and United Nations bodies. To provide professional support, advice and expertise to the Government of India To develop capacity building programmes To facilitate interactive information sharing through web conferencing, web seminars and virtual meetings To help develop India as a regional and international resource Centre for Biodiversity Policy and Law.
AB ABS S Regulati gulations/
guidelines ines on n ac access cess to to biological
sources & as associated sociated kno nowledge ledge – 21 21st
st no
nov, , 20 2014 14
Sec – 18(1) of Biological Diversity Act Sec – 21(4) &
Two n
emen ents ts in ab abs r s regul gulat ation
s / g guidel delines es not
fied d in N Nov
Trader Benefit Sharing on Purchase Price ******** Other elements highlighted
for emergency purposes outside India by Indian Researchers/Govt. Institutions.
[Derivative mentioned in BDA while defining Research at Sec-2(m);Art 2(e) Nagoya Protocol]
Trader can be possibly dealt under Sec-56 of BDA 2002 in conjunction with ABS Guidelines notified in Nov,2014 If any person contravenes any direction given or order made by the Central
Government,the State Government, the NBA or the SBB for which no punishment has been seperately provided under this Act, he shall be punished with a fine which may extend to one lakh rupees and in case of a second or subsequent
continuous contravention with additional fine which may extend to two lakh rupees everyday during which the default continues.
Simple - Clear Effective - Efficient User – Friendly Sector - Specific Cost Benefit Ratio
research search
PPVFRA ( Indian Act)
regulation.
ITPGRFA
Biological Diversity Act; Article-4 of nagoya Protocol.
Indian Biodiversity Act.
And/or other non-food or feed industrial uses
Proces cessi sing ng of ap applic licat ation
conditions itions stipula lated ted by y SBBs
intentions/agreement.
EXAMPLES
/manufacturing Rights / Outright Sale of Patent / Partnership Arrangement etc. and expected monetary benefits from such an arrangement as and when such need arises.
before making such arrangements.
utilising this patent for commercial utilization/manufacture of the intended product to
U/R of 17/ relevant rule - of State BD Rules, 2008. NBA will execute agreement for the same with the applicant as per their provisions.
days time is elapsed.
risk at later stages.
Where a 3 member committee including Member Secretary has been constituted to process and clear applications.
Normally Traded Commodities( NTCs)
Overla lapping Provisions-on ABS under CBD, , IT ITPGRFA & TRIP IPS
to implement.
Knowledge & Folklore - WIPO
TOTAL - 171 (* No. of Applications Received- all added = 985 )
It is not about what vision we have ,-
implementing Nagoya protocol