Access and Benefit-Sharing Related to Deep Seabed Genetic Resources :

1. TM Access and Benefit-Sharing Related to Deep Seabed Genetic Resources: Experiences and Feasible Options Salvatore Arico UNESCO, UNU-IAS Workshop on Governance of Marine Areas Beyond National Jurisdiction: Management Issues and Policy Options (Singapore, 3-5 November 2008)

2. Genetic resources are important…

3. Marine life • Al known phyla represented • 1:1 ratio of discovery of a new species in the deep ocean (CoML) • Clear relationship between deep ocean biodiversity, ecosystem functioning and provision of ecosystem services (e.g. nutrient cycling and climate regulation) (Danovaro et al. 2007, 2008) • Of interest to science, companies, society and policy-making

4. Estimated number of unknown species of the largest nine animal phyla (per realm). Life and ecosystem processes in the deep ocean Positive correlation between biodiversity and ecosystem functioning of deep sea ecosystems.

5. Main issues • Impacts of global change (e.g. fishing, climate change) • The basic legal principles guiding human activities in marine areas beyond national jurisdiction • Organizing and funding further marine scientific research • Issues related to intellectual property • Regulation of ABS

6. The Policy Framework for ABS

7. What the CBD says Article 15 of the CBD • Each Contracting Party shall endeavor to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties; each Contracting Party shall endeavor to develop and carry out scientific research based on genetic resources provided by other Contracting Parties • Access to genetic resources shall be subject to prior informed consent of the Contracting Party providing such resources One of the most contentious aspects of the Convention because of limited experience of countries in dealing with ABS besides ABS discussions spanning social, economic and cultural arenas

8. …and UNCLOS? Regardless of whether or not these resources are regarded as or subsequently designated as the common heritage of mankind or not, this still does not address the core issue of the absence of regulation of access and benefit sharing in relation to these resources in areas beyond national jurisdiction. Even if marine genetic resources were regarded as the common heritage of mankind there is still no mechanism provided for in UNCLOS to regulate access and benefit sharing in relation to these resources.

9. International Regime on ABS • CBD International Regime on ABS • prior informed consent • disclosure of information • compliance and tracking • partnerships and agreements • sectoral collaborations

10. The CBD Bonn Guidelines The Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization • Roles and responsibilities in ABS: providers, users, governments • Participation of stakeholders • The main steps in the ABS Process • Identification of steps for Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT) • Accountability in implementing ABS • National monitoring and reporting • Means for verification • Settlement of disputes • Suggested elements for material transfer agreements • Monetary and non- monetary benefits

11. The FAO experience • FAO Commission on Genetic Resources for Food and Agriculture • Systematic and holistic approach to issues related to genetic resources for food and agriculture • Global Strategy for the Management of Farmed Animal Resources • Almost all aquatic species that are hunted and trapped in capture fisheries are wildlife, and are often regarded as common property resources

12. Other lessons to be learned • Convention for the Protection of the Marine Environment of the North-East Atlantic (OSPAR) – includes focus on cooperation and protection of marine environments of the High Seas and underlying seabed and sub-soil • Noumea Convention (Convention for the Protection of the Natural Resources and Environment of the South Pacific Region) – covers seabed activities • Mediterranean Action Plan – includes maritime areas in the High Seas, beyond the national jurisdiction of the 22 Parties to the Barcelona Convention for the protection of the marine environment and the coastal region of the Mediterranean • Antarctic Treaty System (ATS) – includes the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), the Madrid Protocol and the Convention on Regulation of Antarctic Mineral Resources Activities (CRAMRA) • Intergovernmental Oceanographic Commission of UNESCO

13. Examples of Feasible Options for ABS

14. Codes, principles and ethics • The MOSAICC Micro-Organisms Sustainable use and Access regulation International Code of Conduct • The FAO Code of Conduct for Plant Collecting and Transfer of Germplasm • UNCTAD BioTrade Initiative – BioTrade Principles and Criteria • The International Cooperative Biodiversity Groups (ICBG) Principles for Accessing Genetic Resources, the Treatment of Intellectual Property and the Sharing of Benefits Associated with ICGB-Sponsored Research • BCGI - Principles on Access to Genetic Resources and Benefit and the International Plant Exchange Network (IPEN) • Developed by a group of 28 botanic gardens and herbaria from 21 countries • IOC Abe-LOS Criteria and Guidelines on Transfer of Marine Technology

15. ‘My favorite options’  • Voluntary corporate codes of conduct (Diversa, now Verenium) • InterRidge code of conduct for marine scientific research, JAMSTEC • Professional societies’ codes (International Society for Ethnobiology; American Anthropological Association; Society for Economic Botany; American Society of Pharmacognosy) • Databases (UNU-IAS Bioprospector, CBD Database of ABS Measures, WIPO contracts database, Global Biodiversity Information Facility (GBIF), Census of Marine Life’s OBIS) • ABS Best Practice Standards Handbook for Implementing Genetic Resource Access and Benefit-sharing Activities (compliance with the Bonn Guidelines and ABS requirements under the CBD)

16. Future Work

17. CBD works with UNCLOS While the CBD aims at a fair and equitable sharing of the benefits arising out of the use of genetic resources; UNCLOS aims at an equitable sharing of benefits arising out of mineral resources from the Area.

18. Next steps • Finalization of the ABS Regime • A programmatic platform for PPPs • Training for developing countries is almost non-existent • Training tailored to various stakeholders’ needs • More explicit recognition of existing tools • A package of tools systematically developed after their evaluation • A critical issue relating to benefit sharing is the interaction of any benefit-sharing regime with national and international patent systems

19. Thank you. (Pisupati, Leary and Johnston)