Australian National Botanic Gardens
TABLE OF CONTENTS
SECTION 1 INTRODUCTION
List of institutions participated in the development of the CPG and Principles
Participating Institutions have endorsed the Principles set out in Section 3 because:
It is the intent of this document to promote a harmonised basis for access and benefit-sharing among botanical institutions.
The objective of these Common Policy Guidelines is to provide background guidance to assist Participating Institutions implement the "Principles on Access to Genetic Resources and Benefit-Sharing for Participating Institutions" set out in Section 3 of this document;
Participating Institutions endorse the following Principles on access to genetic resources and benefit-sharing:
Convention on Biological Diversity (CBD) and laws related to access to genetic resources and associated traditional knowledge and benefit-sharing
Acquisition of genetic resources
Use and supply of genetic resources
Use of written agreements
Prepare a policy
In this document, the following terms have the following meanings:
Accession means a sample or specimen of biological material incorporated into an ex situ collection;
Access to genetic resources means the permission to acquire and use genetic resources;
Acquisition means obtaining possession of a material or resource, through collection or receipt;
Benefit-sharing means the sharing of benefits arising from the use, whether commercial or not, of genetic resources and their derivatives, and may include both monetary and non-monetary returns;
Biological material includes, but is not limited to, plants, plant parts or propagation material (such as seeds, cuttings, roots, bulbs, corms or leaves), fungi or other fungal material, and any other material of plant, animal, fungal, microbial or other origin and the genetic resources contained therein;
Biological resources includes, but are not limited to, organisms or parts thereof, populations or any biotic component of ecosystems of actual or potential value, including genetic resources;
Botanic garden means, but is not limited to, an institution maintaining documented collections of living and/or preserved plant accessions for purposes such as scientific research, conservation, sustainable use, display and education;
Commercialisation means applying for, obtaining or transferring intellectual property rights or other tangible or intangible rights by sale or licence or in any other manner, commencement of product development, conducting market research, and seeking pre-market approval and/or the sale of any resulting product;
Country of origin of genetic resources means the country which possesses those genetic resources in in situ conditions;
Derivatives includes, but are not limited to any progeny, extracts and compounds obtained from genetic resources and analogues of those compounds;
Ex situ collection means managed, documented biological material maintained in conditions other than in situ;
Explanatory Text means the document [being] developed to accompany these Common Policy Guidelines;
Genetic resources means any material of plant, animal, fungal, microbial or other origin containing functional units of heredity of actual or potential value;
Herbarium means a reference collection of preserved and documented plant specimens, including those that are dried and pressed and those that are preserved in liquid;
In situ conditions means conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties;
Participating Institution means any botanic garden, herbarium or other institution which endorses the "Principles on Access to Genetic Resources and Benefit-Sharing for Participating Institutions" set out in Section 3 of this document and which has agreed to develop an institutional policy to implement the Principles;
Principles means the text set out in Section 3.
Prior informed consent means the consent of the government of the country of origin and of any other appropriate Stakeholders which must be obtained by the Participating Institution prior to gaining access to genetic resources. It must be based on full disclosure of information, such as the intended use of those genetic resources;
Provider means any individual or organisation, whether governmental or non-governmental, that provides genetic resources or derivatives to a Participating Institution;
Recipient means any individual or organisation, whether governmental or non-governmental, that acquires genetic resources or derivatives from a Participating Institution with its consent;
Stakeholder means an individual, organisation or group whether formal or informal, affected by, or with an interest in, the activities relating to the acquisition, use or supply of genetic resources or their derivatives. Stakeholders involved in conservation and the granting of collecting permits and prior informed consent for access may include relevant departments of government, local authorities, private individuals such as landowners, indigenous peoples, local communities, farmers and non-governmental organisations. Stakeholders such as these are often described in law relating to access and benefit-sharing;
Written agreement means any form of written agreement between two or more organisations or individuals setting out the terms and conditions under which one party will transfer biological materials. What constitutes a written agreement can take many forms, ranging from an exchange of letters and the granting of a collecting permit based on a completed application, to a shipping notice or a detailed contract (sometimes known as a material transfer agreement or access and benefit-sharing agreement). A range of different written agreements is set out for illustrative purposes in the Explanatory Text.
5.1 Prior Informed Consent
5.1.1 When it collects or otherwise gains access to genetic resources, each Participating Institution will abide by international and national applicable laws, regulations and best practice.
5.1.2 When obtaining access to genetic resources from in situ conditions, each Participating Institution will:
and will make reasonable and sincere efforts to:
5.1.3. When obtaining access to genetic resources from documented ex situ collections, each Participating Institution will:
and will make reasonable and sincere efforts to:
5.1.4 When obtaining access to genetic resources from ex situ sources other than those in Section 5.1.3. above, for instance from commercial sources or individuals, each Participating Institution will ensure that the acquisition conforms with applicable law and best practice, and in cases where there is no applicable law, will, if appropriate, evaluate available documentation and make reasonable and sincere efforts to ascertain from the Provider that the materials were obtained in accordance with the CBD and best practice.
5.2 Use of Written Agreements to Clarify Terms and Conditions of Acquisition
5.2.1 When obtaining access to genetic resources, each Participating Institution will make reasonable and sincere efforts to clarify in writing the respective roles, rights and responsibilities of the Participating Institution, the Provider, the country of origin and relevant Stakeholders, as appropriate, in activities involving the use of genetic resources.
6.1 Use where Terms and Conditions are Clear
6.1.1 Participating Institutions will only use genetic resources for purposes consistent with the terms and conditions under which they were acquired. If a Participating Institution wishes to use such genetic resources for purposes other than those allowed by the terms and conditions under which the material was originally acquired (such as for commercial use when access was granted for non-commercial purposes), the Participating Institution will obtain approval from the Provider for such use and should specify in writing the terms and conditions of use, including fair and equitable benefit-sharing as set out in Section 9 below.
6.2 Use where Terms and Conditions are not Clear
6.2.1 A Participating Institution may wish to commercialise genetic resources (or their derivatives) for which the terms and conditions under which they were acquired are not clear. In this case:
7.1 Collection Management
7.1.1 Each Participating Institution acquiring genetic resources will make reasonable and sincere efforts to record and maintain data on their acquisition, including information on the Provider; country of origin; collector; and, if available, dates, accession numbers, taxon names, etc; prior informed consent and terms and conditions of use; and other relevant data associated with the acquisition of accessions in its collections in order to be able to implement the Principles.
7.1.2 Each Participating Institution will make reasonable and sincere efforts to record and maintain information concerning the use of genetic resources and their derivatives by that Participating Institution, and the benefits to that Participating Institution arising from such use.
7.1.3 Participating Institution will make reasonable and sincere efforts to record and maintain data on the supply of genetic resources and their derivatives, including information on the Recipient and the terms and conditions of access and benefit-sharing under which they were supplied. When providing genetic resources and their derivatives to a Recipient, each Participating Institution will also provide relevant data on their acquisition to the Recipient, as described in Section 7.1.1, particularly information on prior informed consent and conditions of use.
7.1.4 In order to be able to fulfil its commitments in the Principles now and in the future, each Participating Institution will develop and implement appropriate mechanisms to track the acquisition of genetic resources, the different uses of genetic resources and their derivatives held in its collections, their supply to Recipients, and the benefits that arise from their use.
7.2. Staff Management
7.2.1 Each Participating Institution will establish systems of staff management and individual responsibilities for the implementation of and compliance with the Principles.
8.1 Supply of Genetic Resources
8.1.1 Each Participating Institution may supply, whether by way of a gift, sale or loan, genetic resources or their derivatives to other Participating Institutions and third parties for conservation, research, public display, education and other purposes.
8.1.2 At the time of supplying genetic resources or their derivatives, each Participating Institution will, consistent with its policy on commercialisation referred to in the Principles, clarify with the Recipient, whether the supply is for commercial or for non-commercial purposes.
8.1.3 When supplying genetic resources or their derivatives, each Participating Institution will honour any terms and conditions to which it committed when acquiring the genetic resources, such as any terms and conditions set out in written agreements.
8.1.4 To the extent possible, when supplying genetic resources or their derivatives, each Participating Institution will treat genetic resources acquired prior to the entry into force of the CBD and those acquired after its entry into force in the same manner.
8.2 Use of Written Agreements to Clarify Terms and Conditions of Supply
8.2.1 When supplying genetic resources or their derivatives, each Participating Institution recognises the need to supply genetic resources under written agreements, which obliges each Recipient:
9.1 Commitment to Share Benefits
9.1.1 Each Participating Institution will make reasonable and sincere efforts to share the benefits arising from the use of genetic resources and their derivatives fairly and equitably with the country of origin and other Stakeholders, as appropriate.
9.1.2 To the extent possible, each Participating Institution will share the benefits arising from the use of materials acquired prior to and after the entry into force of the CBD in the same manner.
9.2.1 The object of sharing benefits is to achieve fairness and equity and to create incentives and provide resources for the conservation of biological diversity and the sustainable use of its components.
9.2.2 Benefits which Participating Institutions will share, depending upon what is fair and equitable in the circumstances, including commitments made in written agreements, may include:
10.1 Develop an Institutional Policy
10.1.1 Each Participating Institution will prepare and, as appropriate, communicate its own policy setting out how it will implement the Principles, using these Common Policy Guidelines for guidance.
10.1.2 Participating Institutions may develop such policies individually or collectively, as groups or networks of institutions.
10.1.3 In order to reflect changes in international, national and other applicable law and acknowledged best practice, it may revise its own policy periodically.
10.2 Broadening Participation
10.2.1 The Participating Institutions endorsing the Principles are committed to working with governments and the broader botanical community, including individuals, organisations and groups dealing with genetic resources in order to develop a harmonised basis for access to genetic resources and benefit-sharing.
Members of the group
represented their Botanic Gardens in developing the wording of the Principles
and the Common Policy Guidelines agreed at the Workshop in Cartagena,
(6-9 November 2000)
|Prof. He Shan An||Nanjing Botanic Garden
Chinese Acadamy of Sciences, P.O. Box 1435
Nanjing 210014, Jiangsu Province, CHINA
|Tel: +86 25 443 2033
or +86 25 443 2075|
Tel/Fax: + 86 25 443 1026
Fax: +86 25 443 3041 or: +86 25 443 2074
|Dr Jin Xiaobai||Beijing Botanical
Institute of Botany
Chinese Academy of Sciences
20 Nanxincun, Xiangshan
Beijing 100093, China
Tel: +86 10 62 59 1431 ext. 6311
Tel & Fax: +86 10 62 59 1271
[Fax: +86 10 62 59 0348]
|Dr. Saw Leng Guan||Forest Research Institute
52109 Kuala Lumpur
|Tel: +603 634 2633/ +603 630
Fax: +603 636 7753/ +603 6302112
|George Owusu-Afriyie||Aburi Botanic
P.O. Box 23,
|Tel: +233 21 764337 Mobile: 027
New Fax: 233 21 777821
(old Fax: +233 2166 7911/ +233 2176 4338)
E-mail: NO EMAIL
|Prof. Mohamed Rejdali||Institut Agronomique et
Veterinaire Hassan II
Dept d’Ecologie, BP 6202
Rabat - Instituts, MOROCCO
|Tel/Fax: +212 777
HOME (French only): +212 760 2012
|Dr. Maureen Wolfson||National Botanical
Education and Research Services
Private Bag X101
|Tel: + 27 21 762 1166 or
+ 27 12 991 5468|
Fax: + 27 21 761 4687 or +27 12 804 3211
Pretoria Tel: + 27 12 804 3200
Home number: + 27 12 991 5468
Cellphone: 082 57 13 272
|Frank Klingenstein||Botanischer Garten der Universitat
D-53115 Bonn, GERMANY
|Tel: +49 228 739
Fax: +49 228 739 058
E-mail: email@example.com or firstname.lastname@example.org
|Dr. Victor Kuzevanov||Botanic Garden of Irkutsk State
P.O. Box 1457
93 Koltsov Street
Irkutsk 664039, Russia
Fax: +7-(3952)-242238 or 426610
|Dr. David A. Galbraith||Royal Botanic
P.O. Box 399, Hamilton
Ontario L8N 3H8, CANADA
|Tel: +1 905 527 1158 x
Fax: +1 905 577 0375
|Dr. Michael Balick||New York Botanical
200th Street & Southern Blvd
Bronx, New York, 10458-5126, USA
|Tel: +1 718 817
Fax:+1 718 220 1029
E-mail: email@example.com; firstname.lastname@example.org
|Dr. James Miller||Missouri Botanical
P.O. Box 299, St. Louis, Missouri, 63166-0299, USA
|Tel: +1 314 577
Fax: +1 314 577 9596
|Dr. Tania Sampaio Pereira||Jardim Botanico do Rio de Janeiro,
Rua Pacheco Leao, 915-Horto – Rio de Janeiro - 22.460-030 -
Rua Martins Torres, 97 - Santa Rosa -Niteroi,
24.240-700-RJ - Brasil
|Work tel: +55 21 294
Tel: +55 21 711 5971
Work fax: +55 21 294 8696
E-mail: email@example.com or
|Dr. Helen Hewson||Australian National Botanic Gardens, GPO Box 1777, Canberra, ACT 2601, Australia||Tel: +61 (0) 62250
Fax: +61 (0) 6246 5249
Tel/Fax: +61 (0) 48 45 1164
|Dr Joseph Besong||Limbe Botanic
P.O. Box 437, Limbe, Cameroon
firstname.lastname@example.org or email@example.com
Tel 237 –433312 or 237 332 620 or 237 431883/5 Ext 381 (through CDC exchange)
Satellite Phone: 873 761 305824 or 873 761 305 833
|Mr. Marika Tuiwawa||South Pacific Regional Herbarium,
Institute of Applied Science, The University of the South
|Phone: +679 212874|
Fax: +679 300373
|Prof. Dr. Walter G. Berendsohn||Botanischer Garten und Botanisches Museum Berlin-Dahlem, Freie Universitat Berlin, Konigin-Luise-Stra?e 6-8, D-14191 Berlin, Germany.||Phone: (+4930)
Fax (+4930) 841729-43,
|Prof. Sebsebe Demissew||The National Herbarium, PO Box 3434, Addis Ababa, Ethiopia||Phone: 251 1
Fax: 251 1 552350
|Dr. Victor Manuel Chavez Avila||UNAM (Universidad Nacional
Autonoma de Mexico),
Home: Quauhnicol M-22 L-20, Col. Ruiz Cortines, Mexico, D.F. 04510, Mexico
|Tel: 525 619 28 43|
Fax: 525 622 90 46
|Dra. Ana Maria Molina||Jardin Botanico "Arturo E. Ragonese", Red Argentina de Jardines Botanicos, Instituto de Recursos Biologicos, CRN INTA-Castelar, Las Cabanas y Los Reseros s.n., Villa Udaondo, (1712) Castelar, Buenos Aires, Argentina||Tel.
E mail: firstname.lastname@example.org
|Carlos Fonseca||Jardin Botanico Guillermo Pineres (Cartagena BG), Cartagena, Colombia||Email: email@example.com|
|Mr Chris Ward
Home: 91 Silver St., Marrickville 2204, NSW, Australia
|Licenciada Esther Valenzuela||Herbario Nacional de Bolivia, Casilla 10077 - Correo Central, c/27 Cota Cota - Campus Universitario, La Paz. Bolivia||Tel.: 591 2 792
Fax: 591 2 797 511