Deposit of biological material at the DSMZ: Compliance with the Nagoya Protocol
The Leibniz Institute DSMZ is subject to German national laws as well as European Union laws and regulations. In October 2014, the implementation of the Nagoya Protocol (NP) went into effect across the EU Member States. Germany has subsequently passed implementing legislation of EU Regulation 511/2014. These laws deal with the accession and distribution of all genetic resources (i.e., biological material) except human genetic resources. Genetic resources collected prior to December 29, 1993 were not subject to international laws on biodiversity. Please review your legal situation before beginning the depositing process and be prepared to upload all associated legal documentation. The ABS Clearinghouse can be a helpful place to start.
ALL DSMZ depositors of non-human biological material MUST provide the following information:
NOTE (as of May 2016): The online accession forms are currently being updated to match the format below. In the interim, please have the information available as requested.
1) The country where the genetic resource was collected. (Samples collected in “International Waters” or in “Antarctica” should be listed under these locations.)
2) The exact location where the genetic resource was collected (GPS coordinates where possible).
3) The date of collection.
4) The CBD requires permission from the provider country “on mutually agreed terms” and “subject to prior informed consent”. Based on the information provided above, which statement applies to your genetic resource (choose only one)? “Country” always means the country where the resource was collected (not where it was isolated ).
a) Collected prior to December 29, 1993.
b) Collected in international waters or Antarctica (GPS coordinates required).
c) Country is non-party to or did not ratify CBD (e.g., USA).
d) Country (where resource was collected) is a party to CBD and party to the NP, but provides free access to their genetic resources (e.g., Germany, see ABS Clearinghouse for specific country information).
e) Country is party to CBD but not NP (e.g., Canada, New Zealand).
f) Country is party to CBD and party to NP, but has (had) not yet passed implementing legislation. (See ABS Clearinghouse for specific country information.)
g) Country is party to CBD and party to the NP and does NOT provide free access but sample was collected before October 12, 2014 or before the NP went into force in that country.
h) Country is party to CBD and party to the NP and does NOT provide free access and sample was collected after the NP went into force in that country (documentation will be required to complete your deposit).
5) CBD and Nagoya Protocol Documentation. Based on question 4, if a, b, c or d apply to your resource, skip this question and go to question 6. If e, f, or g apply, answer question 5a and provide documentation if possible. If h applies, all of question 5 is required.
a) Provide the name of the national competent authority that granted access.
b) Upload documentation showing Prior Informed Consent (PIC) and/or Mutually Agreed Terms (MAT), and a Material Transfer Agreement (MTA) from the provider country. These could be contained in a single document (such as an internationally recognized certificate of compliance (IRCC)) or multiple separate documents.
6) Yes or No. Were all other laws in the country of origin complied with and accompanying documentation obtained (e.g., permits for export, local/indigenous authorities, national park, etc.)? Please upload any additional permits or documents.
Failure to provide the information above could result in rejection of a deposit at the DSMZ.
Based on the instructions shown above, the following scheme may give you an overview about the information you have to provide to the DSMZ, depending on your specific resource: