Finland has decided on the enactment of the Nagoya Protocol on access to and use of genetic resources

Today, the Finnish Government approved a decree that ratifies the enactment of Nagoya Protocol in Finland. The Nagoya Protocol supplements the UN Convention on Biological Diversity, which is the first general and legally binding international agreement on access to genetic resources and the sharing of benefits. It is aimed at ensuring the conservation of genetic material for future generations and safeguarding the fair and equitable sharing of benefits between providers and users.

In Finland, the Protocol will come into effect on 1 September 2016. On the same day, the acts concerning the enactment and implementation of the Protocol will also come into force.

The new legislation will be applied to genetic resources derived from plants, animals and microbes occurring in Finland, and to the traditional Sámi knowledge associated with the genetic resources, when these resources are procured for research and development purposes. According to the Nagoya Protocol, each contracting party can decide on access to its genetic resources and the sharing of benefits. Under the enacted legislation, access to Finnish genetic resources for research and development purposes would remain relatively open and not require a permit.

The Nagoya Protocol includes obligations concerning the access to and utilisation of traditional knowledge held by indigenous and local communities. To this end, the legislation will establish a database to promote access to traditional Sámi knowledge associated with genetic resources. The database will be administered by the Finnish Sámi Parliament.

The legislation will also implement some of the obligations of the EU regulation on genetic resources requiring the issuing of national regulations. For example, it determines the competent national authorities, which are the Natural Resources Institute Finland and the Finnish Environment Institute. The Natural Resources Institute Finland governs the genetic resources in the fields of agriculture and forestry, while the Finnish Environment Institute would govern other, natural genetic resources.

More information:

Legal Adviser Eriika Melkas, tel.+358 (0)29 525 0170, [email protected]