COMMON POLICY GUIDELINES FOR PARTICIPATING
INSTITUTIONS: PRINCIPLES ON ACCESS TO GENETIC RESOURCES AND BENEFIT-SHARING
(Developed by participating botanical gardens and institutions from 19 countries, November 2000) The objective of these Common Policy Guidelines is to provide background guidance to
assist Participating Institutions implement the "Principles on Access to Genetic
Resources and Benefit-Sharing for Participating Institutions" set out in Section 3 of
the "Guidelines to assist in the Preparation of the
Institutional Policies".
Participating Institutions endorse the following Principles on access
to genetic resources and benefit-sharing:
In order to obtain prior informed consent, provide a full explanation of how the genetic
resources will be acquired and used.
When acquiring genetic resources from in situ conditions, obtain prior informed
consent from the government of the country of origin and any other relevant Stakeholders,
according to applicable law and best practice.
When acquiring genetic resources from ex situ collections (such as botanic
gardens), obtain prior informed consent from the body governing the ex situ
collection and any additional consents required by that body.
When acquiring genetic resources from ex situ sources, whether from ex situ
collections, commercial sources or individuals, evaluate available documentation and,
where necessary, take appropriate steps to ensure that the genetic resources were acquired
in accordance with applicable law and best practice.
Use and supply of genetic resources
Use and supply genetic resources and their derivatives on terms and conditions
consistent with those under which they were acquired.
Prepare a transparent policy on the commercialisation (including plant sales) of genetic
resources acquired before and since the CBD entered into force and their derivatives,
whether by the Participating Institution or a recipient third party.
Use of written agreements
Acquire genetic resources and supply genetic resources and derivatives using written
agreements, where required by applicable law and best practice, setting out the terms and
conditions under which the genetic resources may be acquired, used and supplied and
resulting benefits shared.
Benefit-sharing
Share fairly and equitably with the country of origin and other Stakeholders, the
benefits arising from the use of genetic resources and their derivatives including
non-monetary, and, in the case of commercialisation, also monetary benefits.
Share benefits arising from the use of genetic resources acquired prior to the entry
into force of the CBD, as far as possible, in the same manner as for those acquired
thereafter.
Curation
In order to comply with these Principles, maintain records and mechanisms to:
record the terms and conditions under which genetic resources are acquired;
track the use in the Participating Institution and benefits arising from that use; and
record supply to third parties, including the terms and conditions of supply.
Prepare a policy
Prepare, adopt and communicate an institutional policy setting out how the Participating
Institution will implement these Principles.
