Activities of Santiago FISAS AYXELÀ related to 2012/0278(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union
Amendments (15)
Amendment 82 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Concept of traceability Genetic items have to be defined at the molecular level with enough resolution to allow the unequivocal identification of their origin and destiny. Although a protocol of traceability requires proper recording of sequences of events or usages for any item, the traceability of any genetic entity requires its fingerprinting at the DNA level.
Amendment 83 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3b Definition of catalogue Genetic catalogues are made of individuals belonging to certain species. The next item of importance are local populations (landraces, ecotypes, endemisms, varieties, or even subspecies). Genetic catalogues require as for traceability an unbiased method of bar- coding that should be based on DNA sequencing technologies.
Amendment 84 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) seek, keep and transfer to subsequent users information on: (1) the date and place of access of genetic resources and traditional knowledge associated with such resources; (2) the description of genetic resources or traditional knowledge associated with such resources used, including available unique identifiers; (3) the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources; (4) the presence or absence of rights and obligations related to access and benefit- sharing; (5) access decisions and mutually agreed terms, where applicable;the internationally recognised certificate of compliance, where genetic resources were accessed by Parties to the Nagoya Protocol which have exercised their sovereign rights as provided for in Article 6 of that Protocol; or, failing this:
Amendment 85 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) seek, keep and transfer to subsequent users information on: (1) the date and place of access of genetic resources and traditional knowledge associated with such resources; (2) the description of genetic resources or traditional knowledge associated with such resources used, including available unique identifiers; (3) the source from which the resources or the knowledge were directly obtained as well as subsequent users of genetic resources or traditional knowledge associated with such resources; (4) the presence or absence of rights and obligations related to access and benefit- sharing; (5) access decisions and mutually agreed terms, where applicable;
Amendment 86 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 87 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Checks mayshall be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning non-compliance of a user with this Regulation.
Amendment 88 #
Proposal for a regulation
Article 14 – paragraph 1 – point d a (new)
Article 14 – paragraph 1 – point d a (new)
(da) compile a catalogue of available genetic resources originating in Member States, pursuant to Article 7 of the Convention on Biological Diversity, in order to establish their biological diversity. They shall, in addition, encourage third countries to produce catalogues of their genetic resources with a view to improving the transparency of user access.
Amendment 89 #
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 (new)
Article 14 – paragraph 1 – subparagraph 1 (new)
Once the fund to be set up under the Convention on Biological Diversity, or any other fund established for the same purpose, has entered into operation, they shall endeavour to ensure that such funds provide sources of financing for research and the compilation of genetic resource catalogues.
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 1 –point 1 a (new)
Article 3 – paragraph 1 –point 1 a (new)
(1a) Definition of catalogue: genetic catalogues are made of individuals belonging to certain species. The next items of importance are local populations (landraces, ecotypes, endemism's, varieties, or even subspecies). Genetic catalogues require as for traceability an unbiased method of bar-coding that should be based on DNA sequencing technologies.
Amendment 115 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 b (new)
Article 3 – paragraph 1 – point 1 b (new)
(1b) Concept of traceability: genetic items have to be defined at the molecular level with enough resolution to allow the unequivocal identification of its origin and destiny. Although a protocol of traceability requires a proper pipe of events or usage for any item, the traceability of any genetic entity requires its fingerprinting at the DNA level.
Amendment 129 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – point 1 a (new)
Article 4 – paragraph 2 – point a – point 1 a (new)
(1a) The internationally recognised certificate of compliance, in the case of genetic resources acquired from Parties to the Nagoya Protocol that have regulated access to their genetic resources in compliance with Article 6 of the Nagoya Protocol, or,
Amendment 160 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 164 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Checks mayshall be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning a user's non- compliance of a user with this Regulation.
Amendment 183 #
Proposal for a regulation
Article 14 – paragraph 1 –point a a (new)
Article 14 – paragraph 1 –point a a (new)
(aa). Create a catalogue of the available and original genetic resources from each Member State in accordance with Article 7 of the Convention on Biodiversity. The objective will be to have a better knowledge of biodiversity. At the same time they will support third countries in developing a catalogue of their genetic resources with the aim of improving transparency in the access to genetic resources.
Amendment 184 #
Proposal for a regulation
Article 14 – paragraph 1 –point a b (new)
Article 14 – paragraph 1 –point a b (new)
(a)(b) endeavour to ensure, once the fund to be set up under the Convention on Biological Diversity, or any other fund established for the same purpose, has entered into operation, that such funds provide sources of financing for research and the compilation of genetic resource catalogues.