Legislation of the European Union

Legislation in the EU and the Member States

The EU has been a Party to the Nagoya Protocol since 12th October 2014. This did not mean that all Member States are also Parties to the Protocol; that is something that Member States chose to do themselves, and depends on national legislation. However, the EU Regulation on the Nagoya Protocol does apply to all Member States.

Despite the result of the recent UK Referendum on EU membership, the EU Regulations still apply to UK users, and will do so until any changes in the law are agreed by Parliament.

There are two Regulations at EU level which apply:

Regulation on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization 511/2014 (April 2014). The text can be found here.

and the

Implementing regulation as regards the register of collections, monitoring user compliance and best practices EU No 2015/1866 (October 2015). The text can be found here.

The second of these concerns Articles 5, 7 and 8 (register of collections, monitoring user compliance and best practices) of the first Regulation, which until the coming into force of the second did not apply.

The Commission has also published (in August 2016) a 'Horizontal Guidance Document', which is available here.  A more general introduction from the Commission can be found here.

Declarations of Due Diligence to the National Competent Authority of Member States sould in most MS be made using the Commission's DECLARE system. This is discussed further, with links, under the UK legislation entry.

Scratchpads developed and conceived by (alphabetical): Ed Baker, Katherine Bouton Alice Heaton Dimitris Koureas, Laurence Livermore, Dave Roberts, Simon Rycroft, Ben Scott, Vince Smith