The Implementation of 'Access and Benefit-sharing' in Five EU Member States: The Achievements and Deficiencies of the Nagoya Protocol and the EU Regulation 511/2014

Abstract

The Nagoya Protocol of 2010 on Access and Benefit-sharing and the related European Regulation 511/2014 provide an answer to the question how access to genetic resources may be ensured. However, the EU itself as well as several EU member states struggle with the implementation of the protocol (and the regulation). This article analyses the difficulties encountered at the European and the national level (in five member states) with the implementation of the Nagoya Protocol obligations. It concludes that, although the Nagoya Protocol is an important step forward for the protection of biodiversity and the fight against biopiracy, it clearly is a compromise text, with all the issues arising therefrom. Also Regulation 511/2014 drops a few stiches in the clear delineation of obligations. However, on the national level this does not lead to extremely discrepant national enforcement mechanisms, at least within the five reviewed member states.