Protocol van Nagoya inzake toegang tot genetische rijkdommen en de eerlijke en billijke verdeling van voordelen voortvloeiende uit hun gebruik bij het Verdrag inzake biologische diversiteit
Partijen met voorbehouden, verklaringen en bezwaren
Partij | Voorbehoud / verklaring | Bezwaren |
---|---|---|
Argentinië | Ja | Nee |
België | Ja | Nee |
Brazilië | Ja | Nee |
China | Ja | Nee |
Denemarken | Ja | Nee |
EU (Europese Unie) | Ja | Nee |
Frankrijk | Ja | Nee |
Syrië | Ja | Nee |
Argentinië
09-12-2016
The Argentine Republic declares that the provisions on benefit-sharing in this Protocol
are applicable to genetic resources and their derivatives.
Likewise, the provisions of this Protocol are applicable to the benefits arising from
the utilization of genetic resources and their derivatives originating in the Argentine
Republic and acquired after the entry into force of the Convention on Biological Diversity.
The Argentine Republic declares that, under article 4, paragraph 4, of the Nagoya
Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits
Arising from their Utilization to the Convention on Biological Diversity, this does
not apply in respect of the genetic resources covered by the International Treaty
on Plant Genetic Resources for Food and Agriculture or in respect of the specific
genetic resources covered by any other international access and benefit-sharing instrument
that does not run counter to the objectives of the Convention on Biological Diversity
and the Protocols thereto, which are in effect on the date of its entry into force.
België
20-09-2011
This signature engages also the French Community, the Flemish Community, the German-speaking
Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.
Brazilië
04-03-2021
I - In accordance with the terms of article 28 of the Vienna Convention on the Law
of Treaties, regarding the application of paragraph 2 of article 33 of the Protocol,
the provisions of the Nagoya Protocol, for the purpose of its implementation, shall
not have retroactive effects;
II - in accordance with the terms of article 8(c) of the Protocol, the economic exploitation
for agricultural activities, in accordance with the definition provided for in Act
N. 13.123, of 20 May 2015, resulting from reproductive material from species introduced
in the country by human action before the entry into force of the Protocol shall not
be subject to the sharing of benefits foreseen in the Protocol;
III - in accordance with the provision on article 2 read in conjunction with paragraph
3 of article 15 of the Convention on Biological Diversity, and considering the application
of the provisions in articles 5 and 6 of the Protocol, Brazil considers as found in
“in situ” condition the species and varieties that form spontaneous populations that
have acquired distinctive characteristics in the country and the traditional local
variety or breed locally adapted, as per the definition in domestic legislation, in
particular article 2 of Act N. 13.123, of 20 May 2015, with a framing of this country
under the concept of “country of origin” of these genetic resources;
IV - Act N. 13.123, of 20 May of 2015, is considered the domestic law for the implementation
of the Nagoya Protocol.
China
08-06-2016
Unless otherwise notified by the Government of the People’s Republic of China, the Protocol shall not apply to the Hong Kong Special Administrative Region of the People’s Republic of China and the Macao Special Administrative Region of the People’s Republic of China.
Denemarken
01-05-2014
Territorial exclusion in respect of Greenland and the Faroe Islands.
EU (Europese Unie)
16-05-2014
The European Union declares that, in accordance with the Treaty on the Functioning
of the European Union, and in particular Article 191 thereof, it is competent for
entering into international agreements, and for implementing the obligations resulting
therefrom, which contribute to the pursuit of the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental
problems, and in particular combatting climate change.
Moreover, the European Union adopts measures at Union level for establishing a European
Research Area and for the proper functioning of its internal market.
The exercise of Union competence is by its nature subject to continuous development.
In order to comply with its obligations under Article 14 (2) (a) of the Nagoya Protocol
on the Access to Genetic Resources and the Fair and Equitable Sharing of Benefits
Arising from their Utilization to the Convention of Biological Diversity, the Union
will keep up-to-date the list of legal instruments to be transmitted to the Access
and Benefit-Sharing Clearing-House.
The European Union is responsible for the performance of those obligations resulting
from this Protocol which are covered by Union law in force.
Frankrijk
31-08-2016
1. The French Republic reiterates the declaration that it made upon the ratification
of the Convention on Biological Diversity concerning article 16 on the transfer of
technology, with regard to the implementation of articles l and 23 of the Protocol.
2. The French Republic recalls the terms of decision UNEP/CBD/COP/DEC/ XII/12 of 25
June 2014 in connection with the use of the term 'indigenous peoples and local communities'
instead of the term 'indigenous and local communities' found in various provisions
of the Protocol:
- The use of the term 'indigenous peoples and local communities' in future decisions
and all secondary documents under the Protocol shall have no effect on the legal meaning
of the articles of the Protocol that use the term 'indigenous and local communities';
- The use of the term 'indigenous peoples and local communities' cannot be interpreted
as implying for any Party the amendment of rights or obligations under the Protocol;
- The use of the term 'indigenous peoples and local communities' in future decisions
and all secondary documents shall not serve as a context for the interpretation of
the Protocol, or a subsequent agreement nor subsequent practice, among the Parties
to the Protocol, within the meaning of article 31 of the Vienna Convention on the
law of treaties of 23 May 1969, which codifies customary international law in this
area.
With reference to the declaration that it made during the adoption of the United Nations
Declaration on the Rights of Indigenous Peoples of 13 September 2007, France would
recall that, in accordance with the constitutional principles of the indivisibility
of the Republic and the unity of the French people, the French people is composed
of all French citizens without distinction based on origin, race or religion. Under
those principles and the principle of the equality of citizens before the law, only
the French people as a whole can be granted rights.
Syrië
05-04-2013
The accession of the Syrian Arab Republic to this Protocol shall in no way imply its recognition of Israel or entail its entry into any dealings with Israel in the matters governed by the provisions thereof.