Nagoya protocol in transactions

Last modified by Anniina Kuusijärvi on 2024/06/24 15:46

Page in Finnish: Nagoyan pöytäkirja lainanhallinnassa

Permits section in transactions

Purpose

On Kotka transaction form, there is a section dedicated to permits. In this section it is possible to fill in the information about permits, agreements and other such documentation related to the specimens in the transaction (for example Nagoya protocol). More information about the Nagoya protocol: absch.cbd.int and https://www.ymparisto.fi/en/permits-and-obligations/import-notification-genetic-resources (also available in Finnish https://www.ymparisto.fi/fi/luvat-ja-velvoitteet/geenivarojen-maahantuonti-ilmoitus)

Instructions on this page concentrate on the use of the permit section from Nagoya protocol perspective.

The Permits section was developed mainly from the perspective of entering and storing information needed for an import notice on genetic resources (geenivarojen maahantuonti-ilmoitus) that is required to be sent to Finnish national authorities about any imported genetic material to be used for genetic research and fall within the scope of the protocol. The section will be further developed to facilitate other data entry needs related to Nagoya Protocol (NP) and other possible agreements.

Getting started

Quotes from the https://www.ymparisto.fi/en/permits-and-obligations/import-notification-genetic-resources genetic resources page:

"First, find out if the material is governed by the Nagoya Protocol. If yes, find out, if the material

  • ""Genetic material" means any material of plant, animal, microbial or other origin containing functional units of heredity.
  • "Genetic resources" means genetic material of actual or potential value. The same definition is used in the regulation (EU) No 511/2014 of the European Parliament and of the Council.
  • In practice, this means any biological material, if research and/or product development is aimed at the genes it contains or the metabolic products derived from them. Different countries may have their own interpretation of what constitutes genetic resources. Currently, there are ongoing international negotiations on the inclusion of digital sequence information (DSI) related to genetic resources within the scope of the benefit sharing obligation."

 (https://www.ymparisto.fi/en/permits-and-obligations/import-notification-genetic-resources#what-are-genetic-resources)

If you are not sure whether the material falls in the scope of NP, you can still start filling in the section and Kotka tries to help. First, fill in the Acquisition date and Acquisition country in the section. When you choose the acquisition country, Kotka gives links to ABS clearing-house and the links provide further information needed to determine whether NP applies and what are the rules for the use (is the country party to the protocol, when did it ratify the protocol, does the country have legislation in force, what does the legislation say, how the country defines research use, contact points etc.). If you find out that the specimens fall outside the scope of NP, you can still keep the acquisition country and date and choose "No" to the field Does Nagoya protocol apply? This way also the information of not having to consider NP is stored and shows due diligence.

Also Genetic Resources Registry helps its users to determine whether an import notice is needed.

Several different types of permits can be added, and new permit elements can be added from the green and white plus icon on the right side of the fields. For more instructions for the specific fields and how to use and fill them, see Kotka field documentation and the symbols after each field on the form.

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Logic and validations

The section has some logic and validations:

  • If NP applies (Does Nagoya protocol apply: Yes), it is required to fill in Is genetic research allowed on the genetic resource(s)?
  • If NP applies (Does Nagoya protocol apply: Yes) and genetic research is allowed (freely or with restrictions) on the genetic resources, either IRCC number OR acquisition date, acquisition country, description, source and PIC and MAT permits need to be given. Even If PIC and MAT are not required, you need to choose the permit types and choose "Not required" to Permit status.
  • If genetic research is allowed with restrictions, Rights and obligations field needs to be filled in, describing the restrictions given to the material
  • If Permit status is "available", a file needs to be uploaded
  • If under Nagoya is "no" (Does Nagoya protocol apply: No), all the validators are ignored and the section can be used for entering other kind of permit information.
  • If under Nagoya is "yes" (Does Nagoya protocol apply: Yes) but genetic research is not allowed on the material (Is genetic research allowed on the genetic resource(s)?: No), all the validators are ignored.
  • IRCC number field becomes visible, if you choose "Yes" to the question"Do you have an IRCC number?"
  • Maximum file size for attachments per file is ??

Since the acquisition country is one of the defining factors to the applicability of NP and sets the rights and obligations for use, specimens from different countries need to be recorded as separate transactions.

How other parts of Nagoya protocol requirements for record keeping are handled, see Managing Nagoya protocol compliance in Kotka