Developing a Policy on ABS: Experiences of using the Principles and Common

Policy Guidelines China Williams

CBD Unit

Royal Botanic Gardens, Kew

c.williams@kew.org

Informal Meeting for the Implementation of Article 19 and 20 of the Nagoya Protocol

Tokyo, Japan

26 March 2013

Royal Botanic Gardens, Kew

•  non-departmental public body

• 700 staff, including 230 scientific and 230 horticultural . 600 + volunteers • Over 1 million visitors each year

• UNESCO World Heritage Site Mission: ‘to inspire and deliver science-based plant conservation worldwide to enhance the quality of life’

National Heritage Act 1983

•  carry out research into the science of plants and related subjects and disseminate the results

•  provide advice, instruction and education in relation to the aspects of botany in which we are involved

•  provide other plant related services including quarantine

•  care for the collections

•  keep the collections as national reference collections, secure and available for study

•  afford opportunities to the public to enter land managed by the Board for the purpose of gaining knowledge and enjoyment

• 

Kew’s Collections

19 major collections: Preserved plant & fungal collections ( Herbarium, Economic Botany) Living material (The Millennium Seed Bank, living plant collections) Visual/reference collections (library, art and archives, on-line resources including databases)

RBG Kew’s collections in numbers

•  Herbarium (7.5 M) & Fungarium (1.25 M)

•  Living collections (+30,000 species)

•  Millennium Seed Bank (+30,000 species; c. 2 billion seeds)

•  DNA and tissue bank (+42,000 accessions)

•  DNA C-value (+7,000 species)

•  Slide collections (+100,000 slides)

•  Library (> 750,000 volumes), archives (250,000), artwork (> 175,000) , paintings, prints and drawings

Hundreds of visiting scientists each year

Principles on Access to Genetic Resources and Benefit-Sharing

‘Principles’ group, Cartagena, 2000. Photo © Victor Kuzevanov

Pilot Project for Botanic Gardens

•  4 workshops 1997-2000 •  2000: 28 institutions (small & large) from 21 countries (North

& South) at different stages of introducing ABS legislation Argentina, Australia, Bolivia, Brazil, Cameroon, Canada, China, Colombia, Ethiopia, Fiji, Germany, Ghana, India, Malaysia, Mexico, Morocco, Russian Federation, South Africa, Switzerland, UK, USA

•  Coordinated by RBG Kew, advice from BGCI and IABG •  Funded by UK Department for International Development

Aims and Outputs

•  A harmonised policy for botanical ex situ collections

•  Standard Material Transfer Agreements

•  A publication setting out the policy and agreements and explaining choices made

•  The Principles on Access to Genetic Resources and Benefit-Sharing

•  Common Policy Guidelines •  Explanatory Text – includes model

agreements and definitions

Scope of Principles

•  Living and preserved collections

•  Acquisition from in situ and ex situ conditions

•  Curation, use and supply of material

•  Commercialisation

•  Benefit-sharing

•  Developing an institutional policy

CBD, CITES and laws

•  Honour the letter and spirit of the CBD, CITES and laws relating to access and benefit-sharing, including those relating to traditional knowledge

Acquisition

•  Prior informed consent (PIC): full details of how the material will be acquired and used

•  In situ (field) conditions: PIC from government of country of origin and relevant stakeholders, according to national law and best practice

•  Ex situ collections (e.g. other similar institutions): PIC from the body governing the ex situ collection

•  Other ex situ conditions (e.g. other ex situ collections, individuals, commercial sources): Legal acquisition

Use, Supply, Written Agreements

•  Use and supply material on terms and conditions consistent with those under which they were acquired

•  Prepare transparent policy on commercialisation (including plant sales) of pre- and post-CBD material

•  Acquisition and supply of genetic resources using written agreements where required by applicable law and best practice, setting out terms for acquisition, use, supply and benefit-sharing

Benefit Sharing

•  Fair and equitable benefit-sharing with country of origin and other stakeholders

•  Treat benefits from pre- and post-CBD genetic resources the same as far as possible

Curation

•  Maintain records and mechanisms to:

–  record and track terms and conditions of acquisition

–  track use within the institution, and benefits arising from use

–  record supply to third parties

Prepare a Policy

•  Prepare, adopt and communicate an institutional policy setting out how the institution will implement these Principles

The Principles: summary

•  Institutions sign up to the Principles (22 gardens to date)

•  provide a framework for individual gardens to work within

•  provide guidance to design specific tools and methods for implementation

•  show CBD commitment to partners and legislators

•  Institutions develop their own Policy on ABS

The Principles: lessons from the joint project (group experience and feedback)

•  ABS framework but little national legislation

•  Principles gave BGs certainty that they were following best practice – ‘default implementation tools’

•  North-South participation valuable in building trust and creating a comprehensive and balanced approach

•  Group continues to be a useful network for exchanging experience

•  Remains a useful framework for examining diverse activities, designing new policies, making decisions

•  Establishes a clearer relationship with government/funders/partners

•  Breadth and flexibility: useful for complex institutions

…but need for individual interpretation /policy development has probably deterred smaller gardens

Kew’s experience of using the Principles

•  Signing up to the Principles set off an internal process at Kew to develop an ABS policy that underpins our work

•  Led to development of institutional tool kit and whole structure of how we work at Kew

•  The process of developing our Policy increased commitment, ownership and understanding of issues by staff –crucial

•  Kew’s ABS Policy was approved by the Director and Board of Trustees in 2004

Kew’s ABS Policy ‘is designed to ensure that all material brought into Kew (either collected on fieldwork, or from other

institutions and individuals) has been

legally acquired on mutually agreed terms,

that it is used and supplied by Kew on terms and conditions consistent with those under which it

was acquired, and that benefits arising from the use of genetic resources by Kew are shared fairly and equitably as agreed

with partners in the country of origin of the

material’

Institutional tool kit - summary

•  Policy on ABS •  A CBD Unit

•  Intranet staff guide to ABS

•  Commercialisation policy (definition is taken directly from CPG)

•  Procedure for overseas fieldwork

Institutional tool kit

•  Long term agreements with partner institutions

•  Policies for visiting researchers in all departments

•  Policy for DNA data, images and information harvesting

•  Standard /model documents:

•  Donations form

•  Standard MSA

•  Model agreements , letters and clauses

•  Staff training

Kew’s model agreements

•  Donation letter

•  MSA’s for different departments

•  Use of material letter

•  MOU for herbarium only

•  MOU no transfer to third party

•  MOU renewal letter

•  ABSA with government

•  ABSA without government

•  ABSA (ITPGRFA)

•  Approved translations in French, Spanish and Mandarin Chinese

Formal Partnerships

The Principles: what next? •  Front end system – no monitoring or assessment mechanism

for institutions that have endorsed the Principles

•  Membership static - needs ‘re launch’ to update and increase relevance

•  Needs NP update – how and when should this be done?

Kew Policy Update :

NP review of Policy, including presentations to staff in all departments

We have developed an internet guide for staff working with TK

Nagoya Protocol checklist for non commercial research institutes

•  acquire material legally (with PIC, MAT and following national law) •  agree use (MAT) and benefit sharing through negotiated transfer

agreement – use model agreements and clauses

•  supply using MSA according to original terms of acquisition and renegotiate PIC if change of use

•  need to put resources into developing compatible databases across the institution to improve tracking and monitoring of terms and conditions and benefit sharing – keep to terms agreed (compliance)

•  Strengthening of need to get PIC from ILCs for use of TK associated with GR

•  need to work with other collections to develop common access standards for online information/databases etc and to share information on ABS policies and procedures

•  Prepare for possible rise in interest in our collections from commercial sector – strategy in place?

•  Work with partners to look at simplified access measures

•  Ensure distinction between commercial and non-commercial use is clear

Conclusions

–  Developing own Policy in context of agreed guidelines gives confidence both internally and externally – but takes time and investment

–  Guidelines need to develop system of updating and assessment and monitoring criteria

–  Model agreements and clauses can save time and simplify research but:

•  What if two models? Clash!

•  Sometimes models lead to failure to check/record terms

•  Models have to be negotiable – they do not set out terms of use –remember terms should be mutually agreed!

Further information

•  Kew website: www.kew.org

•  Principles, IPEN, ABS case studies: www.bgci.org/abs

•  CBD for Botanists: www.kew.org/data/cbdbotanists.html

Kew CBD Unit

China Williams and Natasha Ali c.williams@kew.org

n.ali@kew.org