Activity 5: Establish appropriate institutional mechanisms

Below are the global and regional obligations in this activity:
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Component 1: Designate competent national authorities (CNA)

Directly relevant obligations and commitments

  • Identify competent national authorities responsible for granting access to genetic resources and/or competent national authorities to provide information on the granting of access to genetic resources: CBD Decision III/15, 6
  • Designate one or more competent national authorities, as appropriate, to be responsible for ABS arrangements or to provide information on such arrangements within the corresponding jurisdiction: CBD Decision V/26, 1
  • Competent national authorities, where established, may be responsible for advising on (a) the negotiating process; (b) requirements for obtaining prior informed consent and entering into mutually agreed terms; (c) monitoring and evaluation of ABS agreements; (d) implementation/enforcement of ABS agreements; (e) processing of applications and approval of agreements; (f) the conservation and sustainable use of the genetic resources accessed; (g) mechanisms for the effective participation of different stakeholders, as appropriate for the different steps in the process of ABS, in particular, indigenous and local communities; (h) mechanisms for the effective participation of indigenous and local communities while promoting the objective of having decisions and processes available in a language understandable to relevant indigenous and local communities: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization)SEE COMMENTARY 1
Component 2: Designate ABS Focal Points

Directly relevant obligations and commitments

  • Designate a national focal point and one or more competent national authorities, as appropriate, to be responsible for ABS arrangements or to provide information on such arrangements within the corresponding jurisdiction: CBD Decision V/26, 1
  • Designate one national focal point for ABS: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 2
Component 3: Establish a clearing-house mechanism and other systems of information exchange

Directly relevant obligations and commitments

  • User countries: Consider establishing mechanisms to provide information to potential users on their obligations regarding access to genetic resources: CBD Decision VI/24, 4 and CBD Decision VI/24, Annex (Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising out of their Utilization)SEE COMMENTARY 3
  • Establish mechanisms to provide information to potential users, regulators and the public, international and national, on their obligations regarding access to genetic resources: CBD Decision VII/19, F.2 and CBD Decision VII/19, F, Annex (Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing)SEE COMMENTARY 4
  • Establish a clearing-house mechanism to promote and facilitate technical and scientific cooperation: CBD Article 18,3 and CBD Decision I/3, 1 SEE COMMENTARY 5
  • Organize an appropriate national clearing-house mechanism steering committee or working group composed of multisectoral and interdisciplinary representatives, to achieve broad participation of different stakeholders in the implementation process of the clearing-house mechanism: CBD Decision IV/2, 3
  • Establish or strengthen national, subregional or regional focal points for the clearing-house mechanism: CBD Decision VI/18, 1
  • Use effectively the central portal of the clearing-house mechanism: CBD Decision VI/18, 1
  • Use the clearing-house mechanism toolkit to establish clearing-house mechanism national focal points and websites: CBD Decision VII/23, A.3(a) SEE COMMENTARY 6
  • Use the controlled vocabulary for the CBD to facilitate interoperability of information among national clearing-house mechanisms: CBD Decision VII/23, A.3,(c) SEE COMMENTARY 7
  • Develop regional clearing-house mechanisms to further promote and facilitate technical and scientific cooperation and the exchange of information on technology transfer at the regional and national levels: CBD Decision VII/23, A.5
  • Develop national, regional, subregional and international information systems, and national, regional, subregional and international information management and exchange, linked with the clearing-house mechanism of the Convention: CBD Decision VII/19, F.2 and CBD Decision VII/19, F, Annex (Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing)SEE COMMENTARY 8
  • Carry out activities for the enhancement of the clearing-house mechanism as a key mechanism in technology transfer and technological and scientific cooperation: CBD Decision VIII/12, 10
Component 4: Strengthen inter-institutional linkages

Directly relevant obligations and commitments


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Author Commentary 1

This refers to provision 14 of the Bonn Guidelines.

Author Commentary 2

This refers to provision 13 of the Bonn Guidelines.

Author Commentary 3

This refers to provision 16(d)(i) of the Bonn Guidelines.This obligation also exists in Section 6, Activity 2, Component 2.

Author Commentary 4

This refers to provision B.5(q) of the Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing.

Author Commentary 5

According to CBD Decision III/4, 6, the key characteristics of the clearing-house mechanism are, inter alia, that it should be compatible with national capacities, needs-driven and decentralized in nature, should provide access to meta-data, should provide support to the decision-making process, and should to the extent possible involve the private sector. This obligation also exists in Section 5, Activity 1 – Inform through CHM

Author Commentary 6

The controlled vocabulary for the CBD can be seen on the following webpage.

Author Commentary 7

The controlled vocabulary for the CBD can be seen on the following webpage.

Author Commentary 8

This refers to provision B.5(i) of the Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing.

Author Commentary 9

This refers to provision B.5(n) of the Action Plan on Capacity-building for Access to Genetic Resources and Benefit-sharing.