## Figure 3-1-7 Overview of the Nagoya Protocol

Objectives

• Fair and equitable sharing of benefits arising from utilization of genetic resources

• Contributions to conservation of biodiversity and the sustainable use

Utilization of genetic resources

• Research and development on the genetic and biochemical composition of genetic resources, including application of bio-technology

Scope

• Genetic resources within the scope of the Convention on Biological Diversity

• Traditional knowledge within the scope of the Convention on Biological Diversity

• Benefits arising from their utilization

Fair and equitable sharing of benefits

• Benefits shall be shared in a fair and equitable way based on mutually agreed terms (contracts)

Access

• Each Party to the Convention shall provide for legal certainty, clarity and transparency of their domestic access

Multilateral benefit-sharing mechanism

• Parties shall consider the need for a multi-lateral mechanism to address the fair and equitable sharing of benefits in cases that genetic resources occur in transboundary situations or that it is not possible to obtain prior informed consent

• Each Party shall take appropriate measures to provide that genetic resources utilized within its jurisdiction have been accessed in accordance with domestic laws and regulations of the other Party.

☑ Monitoring of the utilization of genetic resources

• Each Party shall designate one or more checkpoints to monitor utilization of genetic resources.

• Checkpoints should collect information of relevant information at any stage of research, development, or commercialization

## Point

①No provision for retroactive application

②Designation of checkpoints to support compliance

(Organizations to be designated are left to the discretion of each Party)

③Application of benefit-sharing to derivatives is not necessarily obligated and based on mutually agreed terms

Source: Ministry of the Environment

Agreement on the Nagoya Protocol was reached through compromise by each of the Parties to the convention. We have to make tireless efforts so that the protocol will enter into force as soon as possible, all of the parties will utilize it actively, and it will truly contribute to conservation of biodiversity and the sustainable use.

Japan signed the Nagoya Protocol on May 11, 2011. Aiming for early entry into force of the protocol, Japan as the COP10 presidency will develop necessary domestic measures and also provide international support such as capacity building for implementation of the protocol in developing countries so that the protocol can be ratified in many countries as soon as possible.

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## The Difficult Negotiations at COP10

The plenary session on the final day of COP10 that started after 3pm on October 29 went on until around 3am of the next day (the 30th), and concluded after 47 decisions had been adopted. The adoption of the “Aichi Biodiversity Targets” and the “Nagoya Protocol” were significant results which can be called historic, and the process to the agreement was certainly not an easy one.

In order to get developed countries to compromise on “ABS,” which is what developing countries were most interested in, it was argued from the beginning that a new strategic plan including post-2010 targets and a resource mobilization strategy should be agreed upon as a package. Despite this, even at the final plenary session, when agreement on ABS could be foreseen, there were signs that several developing countries would not agree on the new strategic plan and the resource mobilization strategy, and the tense negotiation continued with the EU, which was trying to block such movement. In the end, these three important issues were adopted unanimously with supports of statements such as that the content should be discussed instead of the process of discussions by South Korea, The moment

The moment of the agreement reached

of agreement was a moving scene with almost all of the participants in the meeting room stood up and applauded, and thereby welcomed this historic agreement (Photograph: The moment agreement was reached). The agreement was an outcome of the accumulated negotiations and compromises boldly made by each country while sharing the pain, which was based on the shared feelings of the participants towards “benefits for the Earth” and “benefits for humans.”