user countries' discretion for measures in order to comply with the domestic measures of provider countries, and whether special consideration should be given to the handling of pathogens. It was extremely difficult to resolve these issues (Table 3-1-4: Main Issues Related to ABS, and Their Results).

The Ministers of each country showed strong expectations for agreement on the protocol, but working-level negotiations that took place into the late hours of the night over consecutive days did not make progress. On October 27, two days before the end of the conference, an informal ministerial consultation was held based on a call by the President of the COP10, Minister of the Environment Matsumoto, and political guidance was given to negotiations at the working level. Even so, agreement was still not reached at the working-level. On the morning of the final day (the 29 $ ^{th} $ ), a draft protocol by the President Matsumoto was presented to the Ministers, etc. representing each region, and a ministerial consultation was held again based on that draft, and finally the “Nagoya Protocol” was adopted through compromise by each of the parties to the convention (Figure 3-1-7: Overview of the Nagoya Protocol).

The Nagoya Protocol will be sequentially signed and ratified by each of the parties to the convention, and enter into force 90 days after the 50th Party has ratified. The following are expected by the entry into force of the Nagoya Protocol: ① The transparency, clarity, and legal certainty of the domestic measures ensured by provider countries will make it possible for corporations, etc. in user countries to smoothly obtain genetic resources, and utilization of genetic resources will be promoted, ② fair and equitable sharing of benefits arising from utilization of genetic resources will be promoted toward provider countries, and conservation of biodiversity and its sustainable use will be strengthened, ③ through collection of information related to prior informed consent and mutually agreed terms, monitoring of utilization of genetic resources and compliance with domestic measures on ABS of provider countries will be promoted, and thus appropriate utilization of genetic resources will be ensured, ④ as for traditional knowledge associated with genetic resources, benefits arising from the utilization will be fairly shared to indigenous and local communities that hold the knowledge, which will lead to their knowledge being respected, preserved, and maintained.

Table 3-1-4 Main Issues Related to ABS, and Their Results (Nagoya Protocol)

Issue	Countries using resources (developed countries)	Provider countries (developing countries)	Result (Nagoya Protocol)
Access	It is necessary to ensure legal certainty and transparency.	Legal certainty and transparency should not be obligated in the protocol.	Each Party to the Convention is obligated to provide for legal clarity and transparency of their domestic access
Benefit sharing	Allocation of benefits to the providing country, based on mutually agreed terms conditions	Benefit should be shared to providing countries too, irrespective of mutually agreed term.	Benefit sharing shall be based on mutually agreed.
Compliance / Designation of checkpoint(s)	Specific organizations to be designated should not be enumerated for designation.	Specific organizations to be designated should be enumerated.	Each party is obligated to designate one or more checkpoints, Specific organizations to be designated were not defined.
Scope (retroactive application)	After the protocol enter into force	Before the protocol enters into force(There are also some opinions that it should go back to before the convention entered into force.)	The protocol did not provide for retroactive application, which means that retroactive application was not allowed.
Scope (derivatives)	Genetic resources.	Derivatives (chemical substances) as well as genetic resources	“Utilization of genetic resources” can include utilization of derivatives, and whether benefit sharing is also applied to derivatives is based on mutually agreed terms.
Scope (pathogens)	It should be deliberated by other expert organizations such as the WHO (The protocol should not apply to pathogens).	The protocol should apply also to pathogens.	The protocol provides for special consideration to pay due regard to imminent emergencies that threaten human, plant or animal health, including access to pathogens.

Source: Ministry of the Environment