CETAF has produced a 'Statement of Use of Biological Material' as an annex to its Code of Conduct. The purpose of this is for use in discussions with Providers of biological material when seeking access. It might also be used in donations or exchanges of material, or when material is provided unsolicited such as for identification. By its use ambiguities or uncertainties of how material may be used can be avoided. It should be provided to Competent Authorities in Providing Countries, and may be annexed to an agreement. If the Competent National Authority or provider in the country where the material is being accessed does not wish to permit one of the uses listed, or place any specific restrictions, staff should ensure that this is expressly set out in writing in the agreement or permit, and the relevant elements of the document struck out. Written restrictions and conditions in a permit or equivalent will always take precedence over the text of the use statement. The text below is slightly modified from the CETAF version.
Statement of Use of Biological Material
This document sets out the typical ways in which biological material, accessioned into the collections of the [institution] may be used and genetic resources may be utilized. This includes use both in facilities managed or owned by the legal body and in facilities owned or managed by others but mandated for specific purposes (for example external DNA sequencing facilities). If Providers of biological material do not wish their material to be treated in this way or wish to place any specific restrictions, these should be indicated on the agreement or this document. Written restrictions and conditions in a permit or equivalent will always take precedence over the text of the use statement. If the Provider does not place any express written restrictions, then the material will be accessioned and used under the conditions set out below.
Use of Biological Material
Research at the [Institution]: Any biological material at the NHM may be made available to its staff and authorised visitors for non-commercial research such as systematics, ecology, conservation, genetics, morphology, physiology, molecular biology, genomics, environmental genomics and science supporting sustainable use. Such work may involve making anatomical and cytological preparations, carrying out isotope and chemical analysis. DNA, RNA, proteins or other biomolecules may be sequenced or otherwise analysed. Such analyses may result in complete destruction of the material. Associated organisms such as pollen, spores, parasites and symbionts may be examined in similar ways.
Research results: Results of research will be made available through publication in printed or online form (such as books, scientific journals, publically-available databases, published images or internet sites). DNA sequence data will be deposited in publicly-available databases such as GenBank and, where possible, referenced to the respective biological specimens stored at the [Institution].
Information and images: As a scientific institution involved in biodiversity research and conservation it is important that the NHM makes its collections as accessible as possible to its direct counterparts and to the wider community. This may involve the digital representation (e.g., images or 3D models) of specimens and of associated data, and publication of such representations and information to be freely available on the internet. Images and data may also be presented in research publications.
Loans: The [Institution] may lend biological material (specimens) to Third Parties for identification, scientific research or for educational purposes subject to the Loan Conditions of the [Institution] and consistent with the terms and conditions under which the material was acquired from the Provider.
Permanent Supply to Third Parties: The [Institution] may supply biological material to other scientific research institutions and/or to individual scientists for scientific research or for educational purposes, including through donation and exchange for other specimens or samples or parts thereof, subject to the terms and conditions under which the material was acquired from the Provider. Transfer will be effected when the recipient institution or individual has signed a “Material Transfer Agreement” with the [Institution].
Propagation and public display: Living specimens may be [Optional alternatives: propagated / bred ] at the institution. Any specimens grown from such [Optional alternatives: propagation / breeding], or otherwise acquired, may be put on public display at [institution]. [Institution] will maintain data records on any specimens grown from such [propagation / breeding] to enable its origin and associated records such as PIC and MAT to be retrieved.
Traditional Knowledge associated with Genetic Resources
If there is Traditional Knowledge associated with the Genetic Resources when accessed by the [Instiution], it will be managed and used according to the terms and conditions agreed with the Provider.
Commercialisation
The [Institution] is a not-for-profit institution and is [Optional alternatives: not / only rarely] involved in commercialisation of collection-based genetic resources. However, as part of its mission, the [Institution] investigates biological specimens and their constituents for taxonomic and other scientific research. This research may lead to the discovery of potential commercial uses of certain genetic resources. In such cases, if not already covered by the terms and conditions agreed with the Provider, the NHM will initiate renegotiation of the terms and conditions.
Benefit-sharing
The [Institution] will share benefits arising from its utilization of genetic resources fairly and equitably with the Providing Country and other appropriate stakeholders . It will strive to share benefits arising from the new utilization of genetic resources accessed or otherwise acquired prior to the entry into force of the Nagoya Protocol, as far as reasonably possible, in the same manner as for those acquired thereafter.
Benefits may include any of those listed in the Annex to the Nagoya Protocol, although because of the not-for-profit nature of the work of the Participating institutions are most likely to be non-monetary, inter alia: scientific training, education, capacity building, transfer of technologies, collaboration on scientific work programmes, and the mutual sharing of research results and of associated publications.
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For use in Prior Informed Consent:
Exclusions
The following processes and uses are not approved: