9 March, Minsk
Today the Law “On Genetic Resources Management” of March 5, 2024, No. 356-3, came into force. The House of Representatives press service has informed BELTA about this.
The Law comprehensively defines the following: issues related to access to genetic resources; essential terms of the genetic resources transfer agreement; rights and obligations of the providers and users in the course of genetic resources management; monitoring issues in the course of genetic resources management; and the procedure for sharing monetary and non-monetary benefits arising from the utilization of genetic resources.
The Law aims to establish the national legal regulation of relations associated with providing of access to genetic resources and the fair and equitable sharing of benefits arising from their utilization. The legal act gives consideration to the main provisions of the Nagoya Protocol to the Convention on Biological Diversity Belarus has been a Party to since 2014.
Genetic resources are understood as genetic material (any material of plant, animal, microbial or other origin containing the functional units of heredity) of actual or potential value, including that expressed in the form of digital sequence information.
The Law consolidates the powers of officials and state authorities (the President, the Council of Ministers, the Ministry of Natural Resources and Environmental Protection and the National Academy of Sciences of Belarus); coordination and scientific support related issues are reflected.
The Law does not apply to human genetic resources, potentially pathogenic and pathogenic microorganisms; genetic resources the transfer and utilization of which are carried out within Belarus; as well as the genetic resources of agricultural and other products of animal, plant and microbiological origin unless further research is stipulated.
The Law establishes the access procedure. Thus, first, the conclusion of genetic resources and/or associated traditional knowledge transfer agreement between the providers and users of genetic resources that establishes mutually agreed terms is stipulated. Then the provider or the user shall contact the National Coordination Centre on Access to Genetic Resources and Benefit-Sharing, which functions at the Institute of Genetics and Cytology of the National Academy of Sciences of Belarus. In its turn, the National Coordination Centre shall see into the provided agreement for its compliance with the Nagoya Protocol (transfer objectives, mutually agreed terms, expected results of their utilization) and shall submit it to the Ministry of Nature for approval; and in the case of approval, shall generate the Internationally Recognized Certificate of Compliance that shall be sent to the provider, user and checkpoint.
The Law stipulates the simplified mechanism for the exchange of breeding material to develop new agricultural crop varieties. Such decision has been made considering the strategic importance of individual agricultural plant varieties and to ensure food security.
Moreover, the legal act defines the content of a civil genetic resources transfer agreement, rights and obligations of providers and users, the monitoring procedure for data use on genetic resources and the results obtained, liability for a violation of legislation and sharing of monetary and non-monetary benefits.