WIPO Lex

Argentina

Declaration made upon ratification:
"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."

Brazil

Declarations made upon ratification: "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."

European Union (EU)

Declaration made upon approval:
"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 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."

France

Declaration made upon ratification:
"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."