News on ABS/DSI Access and Benefit Sharing

Nagoya Protocol – Implementation in the EU:

• New guidance on Regulation (EU) No. 511/2014: New guidance published by the European Commission, “ABS – A guide for researchers in the EU” is intended to support researchers in implementing the user obligations arising from the regulation in connection with the use of genetic resources. It can be found here.
• Ten years after the EU ABS Regulation came into force, the European Commission is conducting an evaluation of Regulation (EU) No. 511/2014 on the implementation of the Nagoya Protocol and is inviting comments on the “Your Voice Matters” portal until February 11. You can find the portal here, but if you would like to participate in a statement by the DFG and the German Nagoya Protocol HUB, please read the following point first.
• In order to provide the European Commission with an evidence-based satement for the above-mentioned evaluation, the German Nagoya Protocol Hub (GNP-HuB), together with the Working Group on Access and Benefit Sharing of the Standing Senate Commission on Fundamental Issues of Biodiversity of the German Research Foundation, has developed a survey for researchers. The aim is to gather feedback from researchers and institutions in Germany that work with genetic resources. The survey asks how the EU Regulation on Access and Benefit Sharing has affected scientific research in practice and which changes would make compliance with the Regulation more transparent, fair, and less burdensome. Click here to take part in the survey, which is open until January 20.

CBD and Nagoya Protocol – international negotiations:

• The intergovernmental body responsible for implementing the CBD and its protocols is preparing important decisions for the UN Biodiversity Conference at its 6th meeting (Subsidiary Body for Implementation, SBI 6), which is taking place in Rome from February 16 to 19. With regard to the Nagoya Protocol, there will be renewed discussion on whether a formal process is necessary to recognize new international ABS agreements as specialized international instruments (SIIs) that are exempted from the Nagoya Protocol. Opinions on this issue are widely divided, as shown by the various statements sent to the CBD Secretariat by October 2025 (see the CBD website for statements on Article 4.4 of the Nagoya Protocol).

Nagoya Protocol – Implementation in the EU: 

• An online workshop will take place on March 16, 2026, from 2:00 to 4:00 p.m.: “Access and Benefit Sharing (Nagoya Protocol): Cooperation on Equal Terms?” The Öko-Institute will present the results of the project, which aimed to shed light on the perspectives of provider countries of genetic resources on the implementation of the Nagoya Protocol, with a particular focus on cooperation with users. The project was funded in 2024 by the Federal Agency for Nature Conservation with funds from the Ministry for Environment (BMUKN). You can register here.
• Updated Declare user manual: As a user of genetic resources in the EU, you are subject to due diligence obligations under the EU ABS Regulation (Regulation (EU) No. 511/2014) and must submit a due diligence declaration to the Federal Agency for Nature Conservation when receiving research funding or bringing products on the market, which have been developed from the use of genetic resources. Information on the declaration requirements, how to register in the EU reporting system “Declare” provided for this purpose, and how to fill out the declaration form can be found in the new user manual, which is available in English. 

Convention on Biological Diversity (CBD) and Nagoya Protocol – international negotiations:

• The CBD Secretariat has published new guidelines on the multilateral DSI benefit-sharing mechanism (DSI-MLM) and the Cali Fund, which can be found here.

BBNJ Agreement: 

• The Agreement on Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ) entered into force on January 17. The benefit-sharing fund associated with the agreement will initially be financed by contributions from member states. Please find the EU Commission's press release on the agreement's entry into force here.
• A guide just recently published by the Food and Agriculture Organization (FAO) explains how the agreement will affect fisheries: “Fisheries and the BBNJ Agreement – A guide.”

ABS System (PABS) under the WHO Pandemic Agreement:

• As reported by the Health Policy Watch platform, the fourth round of negotiations, which continued in January, has not yet resulted in a breakthrough in the text negotiations, despite minor progress. While the Global North is focusing on rapid access to genetic resources and sequence data for the rapid control of diseases in the event of a pandemic and is relying at least partly on voluntary measures for benefit sharing, the Global South is calling for more control over access and more legally binding provisions on benefit sharing and technology transfer. Ratification of the entire pandemic agreement cannot begin until the annex, the PABS, has also been negotiated. Achieving this by the World Health Assembly in May 2026 will be a challenge, as there are only two meetings left of the intergovernmental negotiating body, whose fifth meeting is currently taking place. Further information and links to the webcasts of the PABS negotiations can be found here.

Nagoya-Protocol: 

• Evaluation of the Nagoya Protocol – Last chance to have your say: You can participate in the survey until December 15th at the following link: https://forms.office.com/e/R5XdcaL2F7. This is a targeted survey for various stakeholders, including users and providers of genetic resources, to highlight challenges in implementing the Protocol. It offers an opportunity to help shape improvements for the implementation of the Nagoya Protocol.
• Part of the evaluation process is also a survey specifically on the ABS Clearing House, which is open until the end of December. You can participate in this survey via the following link:  https://forms.office.com/e/ZnmdChHHeH
• Webinar on December 17 on the topic: “Why IRCCs matter for reporting on non-monetary benefit sharing.” It should be emphasized that the publication of IRCCs is an essential step in collecting national information on the benefit sharing of non-monetary benefits.  The Leibniz Institute (DSMZ) had developed a methodology for this purpose. Click here to register.

Digital Sequence Information:

• In November, the first (symbolic) payment of US$1,000 was made to the Cali Fond. The ice has been broken by the English company TierraViva AI Limited, but there is still considerable pressure to create incentives for companies to make further payments into the fund by the next COP 17 in 2026 in order to get the Multilateral Mechanism for DSI up and running. At the international level, the topic of DSI will not be discussed again until the CBD SBI 7 meeting in August 2026. Until then, further national and regional discussions on the implementation of the DSI COP 16/2 decision will continue.

Plant Treaty: 

• At the 11th Governing Body of the Plant Treaty, which took place in Lima from November 24 to 29, no agreement could be reached on the further development of the Multilateral System for Access to Plant Genetic Resources for Food and Agriculture and Benefit Sharing. Even after years of discussions on the package of measures, the expectations and demands of the contracting parties were still so far apart that there was not enough time on site to agree to the chair's proposal. This proposal contained a fully drafted text for the Standard Material Transfer Agreement (SMTA). This SMTA would have given recipients of material three access options: a full subscription, a crop-specific subscription, and single access. The issue of DSI was not addressed in the SMTA text, nor did it contain any payment rates. The compromise proposal, on the other hand, provided for a separate working process on DSI to determine how the issue should be addressed in the context of the package of measures. However, it remained unclear whether the SMTA text could have been reopened afterwards. There was strong resistance from many countries in the Global South to the originally envisaged extension of the list to all plant genetic resources.The compromise proposal therefore provided for a working process to develop a limited list for the expansion of Annex I. The aim of this proposal was to adopt the entire package of measures, including payment rates for benefit sharing, at the 12th GB Meeting in 2027. However, the compromise proposal was merely noted and not adopted. For all users of material from the MLS, this means that everything will remain as it is and the SMTA established in 2006 will continue to be used. It remains to be seen whether the proposal or the new SMTA text will be taken up again by GB 12 in 2027. Formally, no process is planned for the next two years. The official report on the negotiations will be published here in the future. A summary of the negotiations can already be found on the Earth Negotiations Bulletin website.

BBNJ Agreement:

• The two draft laws (Contract Act and High Seas Act) for the implementation of BBNJ were passed by the cabinet on December 3, 2025. What happens next? Several readings in the Bundestag and Bundesrat will follow, as well as the formal steps for ratification. Experts expect that ratification can then be completed by June 2026. The two draft laws can be accessed here: https://www.bundesumweltministerium.de/gesetz/entwurf-eines-gesetzes-zur-ausfuehrung-des-uebereinkommens-im-rahmen-des-seerechtsuebereinkommens-der-vereinten-nationen-ueber-die-erhaltung-und-nachhaltige-nutzung-der-biologischen-vielfalt-der-meere-von-gebieten-ausserhalb-nationaler-hoheitsbefugnisse

WHO-Pandemic Agreement:

• The fourth meeting of the Intergovernmental Working Group (IGWG) on the pandemic agreement took place from December 1 to 5. Significant differences remain, meaning that progress was only marginal and it was agreed to extend the negotiation round from January 20 to 22, 2026. The group's work includes developing the annex to the pathogen access and benefit sharing system (PABS system), which is intended to ensure the transparent and equitable distribution of PABS material and genetic sequence data. Different views continue to exist, for example, on the interpretation of the definition of PABS material or on access to and use of pathogens and sequence data. Further informal and national discussions will take place in the coming weeks to prepare for the resumption of the meeting in January. The fifth meeting of the IGWG will take place from February 9 to 14, 2026. The webcast and negotiation documents can be found here.

Nagoya-Protocol:

• Evaluation of the Nagoya Protocol – We want your opinion!: A targeted survey for various stakeholders, including users and providers of genetic resources, aims to highlight challenges in implementing the Protocol in order to assess its effectiveness. The information collected will serve as an important contribution to a preliminary study that addresses the possible reasons and causes for the challenges in the effective implementation and compliance with the Nagoya Protocol, as well as possible ways to improve its implementation. This provides an opportunity to help shape improvements for the implementation of the Nagoya Protocol. Participation in the survey is possible until December 15 at the following link: https://forms.office.com/e/R5XdcaL2F7
• For those who are still undecided, here is another reminder about the webinars on the Nagoya Protocol offered by the German Nagoya Protocol HUB: https://nagoyaprotocol-hub.de/events/ . The next one will take place on November 21.

Digital sequence information:

• A public call for tenders by BfN on the implementation of the Multilateral Mechanism on Digital Sequence Information in Germany is running until November 20. The proposed work programs focus on national implementation, which includes creating incentives for users and analyzing the relationship to other international agreements that also address DSI. The tender documents can be found here.

Plant Treaty:

• The 11th session of the Governing Body (GB 11) in Lima is just around the corner. From November 24 to November 29, GB 11 will address a number of issues related to the implementation of the Treaty and its Multilateral System (MLS) for Access and Benefit-Sharing (ABS), the world's largest mechanism for the exchange of plant genetic resources for food and agriculture (PGRFA). The negotiations are at a crucial stage, as they mark the conclusion of years of negotiations aimed at improving the functioning of the MLS. Specifically, the revision of the Standard Material Transfer Agreement (SMTA) for the exchange of PGRFA and benefit sharing; the expansion of the list of crops in Annex I of the Treaty to include all PGRFA; and the treatment of other issues related to the implementation and review of the new system in a draft resolution. The most controversial issues include digital sequence information/genetic sequence data (DSI/GSD) on PGRFA, the expansion of Annex I, and the payment structure and rates under the revised SMTA. There are still fundamental differences of opinion within the various regions on all key issues, making it difficult to predict the outcome of the 11th GB. Further information and the negotiation documents can be found here.
• The GIZ ABS Capacity Initiative, together with the Treaty Secretariat, is hosting a webinar on December 11 from 2:00 p.m. to 3:30 p.m. UTC to discuss the outcomes of the 11th Governing Body meeting. The focus will be on taking stock of the extent to which the Multilateral System relates to future work under the Convention on Biological Diversity (CBD) and its Nagoya Protocol in order to support harmonious national and multilateral implementation of various access and benefit-sharing (ABS) systems. Registration is possible via the following link: https://us02web.zoom.us/webinar/register/WN_GTOVdMAHR7-HGtzcd49jxQ 

ABS-System in the Pandemic Agreement:

• For the first time at the 3rd Intergovernmental Working Group (IGWG) meeting, from November 3 to November 7, member states of the WHO Pandemic Agreement began discussing the proposed draft annex to the agreement, which establishes the system for access to pathogens and benefit-sharing (PABS). The PABS system is an essential part of the Pandemic Agreement adopted in early 2025 to facilitate the rapid and timely exchange of materials and sequence information on pathogens with pandemic potential and to enable the equitable sharing of benefits arising from their use. The draft under consideration contains provisions designed to implement the obligations contained in Article 12 of the Pandemic Agreement on equitable access to life-saving resources during health crises. Further information and the documents for the meeting can be found here.