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Nagoya ProtocolNagoya Protokoll

Deposit of biological material at the DSMZ: Compliance with the Nagoya Protocol

The Leibniz Institute DSMZ GmbH is subject to German national laws as well as European Union laws and regulations. Since 1993, the Convention on Biological Diversity has regulated access to genetic resources and in October 2014, the Nagoya Protocol (NP), which provides a defined legal framework for the CBD, went into effect across the EU Member States (EU Regulation 511/2014) and Germany subsequently passed implementing legislation. These laws deal with the accession and distribution of all genetic resources (i.e., biological material) except human genetic resources.

Please review your legal situation before beginning the depositing process. The ABS Clearinghouse can be a helpful place to start. Once you begin the deposit process by filling out the accession form, be prepared to provide and upload all associated legal documentation.

ALL DSMZ depositors of non-human biological material MUST provide the following information: 

1) The country where the genetic resource was collected (not where it was isolated). (Samples collected in “International Waters” or in “Antarctica” should be listed under these locations.)

Note: Country includes the land, territorial waters, and Exclusive Economic Zone (which can extend up to 200 nautical miles offshore as defined by the United Nations Conference on the Law of the Sea), or any other area where the country exercises sovereign rights. This website helps you to determine, if a location belongs to international waters.

Some countries (for example Australia, Denmark, France, New Zealand, Netherlands, Norway, United Kingdom, United States) have external territories that are geographically separated from the governing country, for example overseas collectives of France, British Overseas Territories, dependent territories of the government of the United States, Australian external territories, and might have different regulations concerning access to genetic resources than the main land (e.g., Denmark’s ratification of the Nagoya Protocol does not apply to Greenland). It is especially important to check regulations in these areas in the ABS Clearing House and with the country’s National Focal Point.

2) The exact location within the country where the genetic resource was collected (GPS coordinates mandatory).

3) The date of collection (sampling).

4) CBD and Nagoya Protocol Check. Based on the information provided above, our online accession form for microbial deposits will automatically determine whether the genetic resource is regulated by the CBD or the NP.

An online accession form is currently only available for microbial deposits. For bacteriophage, plant virus, and animal cell line deposits, the PDF form should be completed using the ABS Clearinghouse and questions directed to the appropriate curator.

5) CBD and Nagoya Protocol Additional lnformation. If, based on the check described in 4 above, it is determined that your resource is regulated by the CBD or NP, you will be asked to provide the name of the national competent authority that granted access to the genetic resource and possibly to 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. If the field in the accession form has a red margin, the information is required.  If the field is white, the information is recommended but not required.

6) During the deposit process, you will be asked whether all other laws in the country of origin were complied with and if any accompanying documentation was obtained (e.g., permits for export, local/indigenous authorities, national park, etc.)? These documents can then be uploaded.

Failure to provide the information above could result in rejection of a deposit at the DSMZ.

The following chart may be useful in determining what information to have ready during the deposit process:

Click to enlarge