13 Amendments of Maria do Céu PATRÃO NEVES related to 2012/0278(COD)
Amendment 4 #
Proposal for a regulation
Recital 2a (new)
Recital 2a (new)
(2a) Research on genetic resources is gradually being extended into new areas, especially the oceans, which are still the planet's least explored and least well- known environments. The deep ocean in particular represents the last great frontier on the planet and is attracting growing interest in terms of research, prospecting and resource exploration. In this context, a study of the immense biodiversity to be found in deep marine ecosystems is an emerging and highly promising area of research with a view to the discovery of genetic resources offering potential applications for a wide range of purposes.
Amendment 81 #
Proposal for a regulation
Recital 5
Recital 5
(5) The Convention recognises that states have sovereign rights over natural resources found within their jurisdiction and the authority to determine access to their genetic resources. The Convention imposes an obligation on all Parties to facilitate access to genetic resources over which they hold sovereign rights. It also makes it mandatory for all Parties to take measures to share in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Party providing these resources. Such sharing shall be upon mutually agreed terms. The Convention also addresses access and benefit-sharing in relation to the knowledge, innovations and practices of indigenous and local communities relevant for the conservation and sustainable use of biological diversity. Genetic resources should, indeed, be utilized in a balanced and sustainable manner, and local communities legitimately involved, for it is only in that way that opportunities, developments, and benefits arising from their utilization can be shared fairly and equitably among all Parties.
Amendment 83 #
Proposal for a regulation
Recital 6
Recital 6
(6) The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity (the Nagoya Protocol) is an international treaty adopted on 29 October 2010 by the Parties to the Convention. The Nagoya Protocol significantly expandfurther details the general rules of the Convention on access and benefit- sharing for the use of genetic resources and traditional knowledge associated with genetic resources.
Amendment 88 #
Proposal for a regulation
Recital 11
Recital 11
(11) It is important to define, in accordance with the Nagoya Protocol, that the use of genetic resources refers to research and development on the genetic or biochemical composition of samples of genetic material, which includes research and development on isolated compounds extracted from genetic material that was accessed in a Party to the Nagoya Protocolgenetic resources.
Amendment 95 #
Proposal for a regulation
Recital 16
Recital 16
(16) The specific choices taken by users on the tools and measures applied for exercising du diligence should be supported through the recognition of best practices. Best practices developed by users should play an important role in identifying due diligence measures that are particularly suitable for achieving compliance with the system of implementation of the Nagoya Protocol with high legal certainty and at low costs, as well as complementary measures in support of sectoral codes of conduct and model-contractual clauses. Users should be enabled to build on existing access and benefit-sharing codes of conduct developed for the academic sector and different industries. Associations of users should be able to request that the Commission determines whether a specific combination of procedures, tools or mechanisms overseen by an association may be recognised as best practice. Competent authorities of the Member States should consider that the implementation of a recognised best practice by a user reduces that user's risk of non-compliance and justifies a reduction in compliance checks. The same should apply to best practices adopted by the collective of the Parties to the Nagoya Protocol.
Amendment 105 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes rules governing compliance with access and benefit-sharing for genetic resources and traditional knowledge associated with genetic resources, in accordance with the provisions of the Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation to the Convention on Biological Diversity (the Nagoya Protocol).
Amendment 133 #
Proposal for a regulation
Article 4 – paragraph 2 – point a – point 5
Article 4 – paragraph 2 – point a – point 5
(5) access decisionpermits and mutually agreed terms, where applicable;
Amendment 162 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The checks referred to in paragraph 1 of this Article shall be conducted in accordance with a periodically reviewed plan following a risk-based approach. When developing this risk-based approach, Member States shall considerthe key principles shall be laid down by the Commission in accordance with the procedure referred to in Article 15(2). Such an approach shall take into account that the implementation by a user of a best practice recognised under Article 8(2) of this Regulation or under Article 20(2) of the Nagoya Protocol reduces that user's risk of non-compliance.
Amendment 166 #
Proposal for a regulation
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. The checks referred to in paragraph 1 shall include at least:
Amendment 176 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The competent authorities shall exchange information on the organization of their checking system for monitoring user compliance with this Regulation and on serious shortcomings detected through checks referred to in Article 9(1) and on the types of penalties imposed in accordance with Article 11 with the competent authorities of other Member States and with the Commission.
Amendment 180 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A Union platform on access to genetic resources and traditional knowledge associated with genetic resources is hereby established. Member States who envisage adopting access rules as regards their genetic resources shall first conduct an impact assessment of these rules and submit the result of this assessment to the Union platform for consideration, pursuant to the procedure laid down in paragraph 5 of this Article.
Amendment 182 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The Union platform shall contribute to the streamlining of access conditions at Union level by discussing related issues, including the design and performances of access regimes established in Member States, simplified access for non- commercial research, access practices of collections in the Union, access of Union stakeholders in third countries and the sharing of best practices. In particular, the platform should advocate that where competent authorities leave requests for access unanswered, the due diligence obligation shall be deemed to be fulfilled and access should be without any further obligations.
Amendment 189 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Every ten years after its first report the Commission shall, on the basis of reporting on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In its reporting the Commission shall in particular consider the administrative consequences for specific sectors, public research institutions, small or medium- sized enterprises and micro-enterprises. It shall also consider the need for further Union action on access to genetic resources and traditional knowledge associated with genetic resources.